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19 - RECONSIDERATION OF DISANNEXATION OF PROPERTY ON AIRPORT ROAD AND 2650 WILDWOOD LANEItem No. 19 COUNCIL MEMBER AGENDA ITEM REQUEST Please complete this form to have an item placed on the agenda for the Council's consideration. The deadline for requesting an item on an agenda will be the Wednesday before the council meeting takes place. This time is necessary so that staff can research the matter and prepare /review an ordinance, resolution, or other document such as a contract. In order for your fellow Council Members to fully understand your item, have productive discussion, ensure efficient council meetings, and for staff to be able to assist you as completely as possible, it is important that you describe the item with as much detail as possible and include any supporting documentation so that it may be included in the Council's meeting packets. Please return this completed form to the City Manager's office or the City Clerk's office. Council member making request: ❑ Aaron Jenkins ❑ Matt Frierson ❑ Sue Lancaster ❑ Edwin Pickle ❑ Benny Plata A.J. Hashmi ❑ Steve Clifford Description of Item: WIN Are additional sheets or supporting materials attached? ❑ Yes ❑ No I request that this item be placed on the agenda for the: N City Council meeting on this date:.,gc)•e Oo ❑ Sometime in the next 2 meetings ❑ No specific time in mind — just keep it on a list of pending issues City of Paris Revised 05/12/2015 ANNEXATION POLICY I. PURPOSE AND INTENT The City of Paris seeks to annex property within its extraterritorial jurisdiction for the following purposes: • To promote orderly growth by facilitating long -range planning for the provision of municipal services and by applying appropriate land use regulations, development standards, property maintenance standards, fire codes, construction codes, and environmental regulations. • To diversify the economic base and create job opportunities by annexing property for commercial and industrial development. To fulfill these purposes, the city has formulated this annexation policy in order to: • Provide the city council with more specific, objective, and prescriptive guidance for making annexation decisions. • Enable the city to be more proactive in identifying areas for annexation by providing for a regularly updated annexation program. • Provide for meaningful public participation in formulating the annexation program as part of the annual update of the city's comprehensive plan. II. DEFINITIONS Annexation — The legal process by which a city extends its boundaries. A city may annex property only within its extraterritorial jurisdiction, unless the city owns the area. The city enforces all ordinances, provides services as provided by law, and assesses property taxes and sales taxes. Annexation Plan — A document required by Texas Local Government Code, Section 43.052, identifying certain kinds of areas that a city intends to annex. • The plan must identify any areas with 100 or more separate lots or tracts of land containing residential dwellings that the city intends to annex, unless more than 50 percent of the property owners request annexation. • The plan may also identify other areas. • Areas that are identified in the plan may only be annexed three years after the plan is adopted. Annexation Policy — A set of guidelines to assist in making annexation and disannexation decisions. Annexation Program — A regularly updated document identifying areas that the city wishes to consider for initiation of annexation during the succeeding five -year period. The annexation program expresses the city's intent to consider specific areas for annexation, but is not legally binding. Inclusion of an area in the program does not obligate the city to annex that area, nor does exclusion of an area from the program prevent the city from annexing the area. Disannexation — The legal process by which a city removes an area from its boundaries. Enclave — An area within the city's extraterritorial jurisdiction that is surrounded, or very nearly surrounded, by the corporate limits of the City of Paris and /or the corporate limits or extra- territorial jurisdiction of other municipalities. Extraordinary Economic Development Project — A commercial or industrial project that is eligible for property tax abatement under the city's tax abatement policy. Extraterritorial Jurisdiction (ETJ) — Unincorporated area extending generally three miles from the city limit, excluding other incorporated municipalities and their ETJs, in which the city has the authority to annex property. Full Municipal Services — Services provided by an annexing municipality within its full- purpose boundaries, including water and wastewater services and excluding gas or electrical service. The City of Paris provides the following services, including but not limited to: fire and police protection; emergency medical services; access to water and wastewater services unless such services are provided by another utility; solid waste collection; operation and maintenance of parks, publicly -owned facilities, and streets; library services; drainage and storm sewer maintenance; enforcement of environmental health, zoning and subdivision ordinances; enforcement of building and construction codes; and inspection services. Growth Center — An area that contains, or has the capacity to contain, compact, higher intensity urban land uses, as designated by the city council in the city's comprehensive plan. There are two types of growth centers: • Mixed -Use Growth Centers — A highly urbanized area that has many characteristics of a downtown: a concentration of jobs, housing units, schools, parks, and other public facilities, public transportation hubs, pedestrian activity and a sense of place. This mix of uses supports sustainable development, which seeks to balance access, mobility, affordability, community cohesion, and environmental quality. • Industrial Growth Center — An area consisting primarily of industrial and /or commercial uses, with a high concentration of jobs, mostly industrial in nature. Other related and supporting uses include office space and services. Unlike mixed -use growth centers, residential uses are generally discouraged within industrial growth centers. Infrastructure — Facilities necessary to provide city services, usually referring to physical assets such as streets and utility lines. Long -Term Development — Planned construction of residential, commercial, and/or industrial uses that is anticipated to occur beyond a three -year timeframe. Planning Study — A document prepared by a municipality, pursuant to Section 43.123 of the Texas Local Government Code, prior to annexing an area for limited purposes, which identifies EXHIBIT A projected development; the need for annexation; the impact of annexation on surrounding residents, landowners, and businesses; and the proposed zoning of the area. Protest Petition — A statement expressing opposition to a proposed city - initiated annexation and containing the signatures of property owners representing 50 percent or more of the parcels within the territory to be annexed and 50 percent or more of the land area within that territory. Service Plan — A document adopted by the city council, pursuant to Sections 43.056 and 43.065 of the Texas Local Government Code, describing the schedule for a municipality to provide full municipal services to an area annexed for full purposes. On the effective date of annexation, a municipality must provide: police and fire protection; emergency medical services; solid waste collection; operation and maintenance of water and wastewater facilities in the area that are not within the service area of another water or wastewater facility; and operation and maintenance of roads and streets (including lighting), parks, playgrounds, swimming pools and other publicly - owned facilities, buildings or services if those services are provided by the municipality within its corporate boundaries. A municipality must provide full municipal services, which means all services provided within the city including water and wastewater services, within 2'h years after annexation but may extend the deadline to 4'/2 years after annexation for services that cannot reasonably be provided within 2%2 years. Urban Development — Development requiring water, wastewater, and other municipal services to promote public health, safety and welfare. It may include residential development with a density equal to or greater than one dwelling unit per acre, as well as commercial and industrial development. III. ANNEXATION CRITERIA AND PROCEDURES A. Annexation The city will consider full- purpose annexation of any area within its extraterritorial jurisdiction if and only if the area meets one or more of the following seven criteria: 1. Enclave: The area meets both of the following conditions: a. The area is an enclave and the city and its citizens would benefit from a logical city limit boundary that provides for the orderly and efficient provision of services; and b. The city is able to provide municipal services upon annexation in accordance with State law, without negatively impacting service provision within the city. 2. Urban Development: The area meets all three of the following conditions: a. The city is aware of or anticipates development activity of an urban nature in the area; and b. The city is able to provide municipal services upon annexation in accordance with State law, without negatively impacting service provision within the city; and c. The city has determined through an appropriate analysis of prospective revenues and expenditures that cumulative revenues will exceed cumulative expenditures for each affected budget fund over the 10 -year period immediately following annexation, or over a longer period as appropriate for long -term development. 3. Growth Center: The area meets all three of the following conditions: a. The area encompasses a designated growth center and thus requires urban services to develop as planned; and b. The city is able to provide municipal services upon annexation in accordance with State law, without negatively impacting service provision within the city. c. The city has determined through an appropriate analysis of prospective revenues and expenditures that cumulative revenues will exceed cumulative expenditures for each affected budget fund over the 10 -year period immediately following annexation, or over a longer period as appropriate for long -term development. 4. Adverse Impact: The area meets both of the following conditions: a. Without annexation, potential development activity is likely to have an adverse fiscal or environmental impact on the city due to unregulated land uses and the city's inability to enforce development standards, building codes, and /or environmental regulations; and b. The City is able to provide municipal services upon annexation in accordance with State law, without negatively impacting service provision within the city. 5. Option to Expand: The area meets both of the following conditions: a. Without annexation, interested parties may incorporate one or more separate municipalities or take other legal actions that might be detrimental to the city's orderly growth. b. The City is able to provide municipal services upon annexation in accordance with State law, without negatively impacting service provision within the city. 6. Populated Area: The area contains 100 or more separate lots or tracts of land containing residential dwellings and thus must be included in the municipal annexation plan three years prior to full- purpose annexation per State law. 7. Long -Term Development: The area is proposed for long -term development. The city will determine the feasibility of entering into an agreement with the property owner(s) for annexation. The agreement may provide for the property to be annexed for full purposes in phases. In accordance with Sections 43.056 and 43.065 of the Texas Local Government Code, the Paris Community Development Department shall prepare a service plan that provides for the extension of full municipal services to each area to be annexed for full purposes. The department shall prepare the service plan after the city council establishes the annexation timetable and shall make the plan available to the public for review and comment in advance of required public hearings. The city shall adopt the service plan by ordinance at the time the city annexes the area. B. General Provisions The following provisions apply to all proposed annexations: 1. As a prerequisite for any proposed annexation, the City Manager shall certify that the proposed annexation would have no adverse effect upon the provision of municipal services within the City. 2. The City will annex any rights -of -way that are adjacent to and provide access to annexed property. C. Disannexation The City will consider disannexation of any area within its corporate limits if so requested by the property owners(s) and if the area fails to meet at least one of the above seven criteria.