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09 - DISANNEXATION REQUESTSItem No. 9 memorandum TO: Mayor & Council FROM: Stephanie H. Harris, Interim City Attorney SUBJECT: DISANNEXATION REQUESTS DATE: January 29, 2016 BACKGROUND: The City Council has approved the disannexation of the properties of David and Brenda G. Denison and Kevin and Sandi Kear due to lack of city water and sewer services and the city's inability to provide them with these services in a timely manner. The properties currently receive City Sanitation, Fire, EMS and Police Services. These services change to the property owner's choice in sanitation company, local volunteer fire department, the city would still provide EMS service and the Lamar County Sheriffs Department would be responsible for law enforcement for the properties. STATUS OF ISSUE: This is the first public hearing for the proposed disannexation of 10.05 acres, being two 5.025 acre tracts located in the Wesley Askins Survey, Abstract No. 7, being lots fourteen (14) and sixteen (16) of the Wildwood Estates Subdivision, according to the plat of such addition recorded in Envelope 321 -A, Lamar County Plat Records. PROCESS: The process for disannexing properties from the City of Paris requires two public hearings over a 40 day period and publication of notice of the public hearing 10 -20 days prior, as well as notice to Lamar County, school districts and railroad companies. Notice was published in The Paris News on January 24, 2016. The first public hearing will take place on February 8, 2016, the second public hearing will take place February 22, 2016, and the City Council may take action on the proposed disannexation ordinance at its regular meeting on March 14, 2016. BUDGET: Tax base reduction RECOMMENDATION: Conduct the first public hearing on the disannexation as published on January 24, 2016 in The Paris News. Draft ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, DISANNEXING TWO TRACTS OF LAND, EACH BEING A 5.025 ACRE TRACT LOCATED IN THE WESLEY ASKINS SURVEY, ABSTRACT NO. 7, BEING LOTS FOURTEEN (14) AND SIXTEEN (16) OF THE WILDWOOD ESTATES SUBDIVISION, ACCORDING TO THE PLAT OF SUCH ADDITION RECORDED IN ENVELOPE 321 -A, LAMAR COUNTY PLAT RECORDS, IN THE CITY OF PARIS, LAMAR, COUNTY TEXAS, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, IN RESPONSE TO LANDOWNER REQUESTS FOR DISANNEXATION; ADJUSTING CITY BOUNDARIES TO REFLECT NEW CITY LIMITS; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, property owners David and Brenda G. Denison and Kevin and Sandi Kear have filed applications for disannexation with the City of Paris, Texas, requesting that their properties be disannexed from the Paris City Limits due to a lack of full city services; and, WHEREAS, during this time City of Paris engineering staff along with third -party engineering consultants have studied the area to determine if it was feasible or practical to run new sanitary sewer lines and install sewer lift stations to serve this area; and, WHEREAS, the Engineers determined that it was not currently feasible or practical to install new sanitary sewer lines and lift stations in this area which was still mostly undeveloped with low population; and, WHEREAS, the majority of the City Council voted to move forward with disannexation and called for public hearings on February 8, 2016 and February 22, 2016 in accordance with state law; and, WHEREAS, notice of the public hearings has been published in The Paris News on January 24, 2016, and on the City website, in accordance with state law; and WHEREAS, the City Council, having reviewed the disannexation requests, maps and exhibits for the proposed disannexations and having received public comment, hereby finds and determines that the proposed disannexation of the Properties is in the best interests of the City of Paris, Texas and its citizens. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That by adoption of this ordinance, the City Council does hereby disannex that Property currently within the boundaries of the city limits of the City of Paris, Texas, said property consisting of two tracts of land, each being a 5.025 acre tract of land more or less located in the Wesley Askins Survey, Abstract No. 7, being Lots Fourteen (14) and Sixteen (16) of the Wildwood Estates Subdivision, according to plat of such addition recorded in Envelope 321 -A, Lamar County Plat Records, in the City of Paris, Lamar County, Texas, and forming a portion of the current boundary of the City of Paris, Texas, more particularly described in Exhibit "A" attached hereto and incorporated herein. Section 3. That the Property described in Exhibit "A" shall be, and is hereby upon the effective date of this ordinance, in all things disannexed from the city limits of the City of Paris, Texas. Section 4. That from and after the date of final adoption of this ordinance, the boundaries of the City of Paris, Texas as the same appear in any and all official documents, maps, or other renderings, shall be and are hereby adjusted to reflect new boundaries of the City of Paris as amended by this disannexation. Section 5. That in accordance with Section 43.148 of the Texas Local Government Code, the City Council finds and determines that the value of services provided by the City for the direct benefit of the Property during the period of time said area was located within the city limits of the City of Paris, equals or exceeds the amount of property taxes and fees collected from the landowners whose property is located within the area disannexed herein. Section 6. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris, Texas not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 7. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 8. That it is the intention of the City Council of the City of Paris, Texas, that this ordinance and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 9. This ordinance shall be effective immediately upon passage. PASSED AND ADOPTED on this 8th day of February 2016. A.J. Hashmi, M.D. Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, Interim City Attorney EXHIBIT A Situated about 4 miles North 68° East of the City of Paris, County of Lamar, and state of Texas, a part of the Wesley Askins survey #7, and being lots 14 and 16 of Wildwood Estates, said Addition being recorded in Envelope 321 -A, of the Plat Records of said County and State. Beginning at a'' /2" iron pin (f) for corner at the Northwest corner of lot 16 and the Northeast corner of lot 15 of Wildwood Estates Thence South a distance of 644.68 feet to a %2" iron pin (f) for corner at the Southwest corner of lot 16 and the Southeast corner of lot 15, said iron pin being in the North Boundary Line of lot 14 of Wildwood Estates; Thence West a distance of 366.31 feet to a' /2" iron pin (f) for corner at the Northwest corner of lot 14 of Wildwood Estates in the East Right of Way line of Wildwood Lane; Thence South 11° 53' 42" West a distance of 34.71 feet to a'' /2" iron pin (f) set in the East Right of Way line of Wildwood Lane and the West Boundary Line of Lot 14 and beginning of a curve to the left; Thence with said curve to the left a chord that bears South 5° 41' 46" West 94.02 feet with a radius of 435.34 feet to a' /2" iron pin (f) set in East Right of Way line of Wildwood Lane and the West boundary line of lot 14; Thence South 00° 30' 10" East a distance of 176.05 feet to a'' /2" iron pin (f) for a corner at the Southwest corner of lot 14 of Wildwood Estates; Thence South 89° 58' 57" East a distance of 722.07 feet to a' /2" iron pin (f) for a corner at the Southeast corner of lot 14 of Wildwood Estates; Thence North 303.78 feet to a' /2" iron pin (f) for a corner at the Northeast corner of lot 14 and the Southeast corner of lot 16 of Wildwood Estates; Thence North a distance of 639.83 feet to a'' /2" iron pin (f) for corner at the Northeast corner of lot 16 of Wildwood Estates; Thence North 89° 11'01" West along the South Boundary Line of Smallwood Rd. /Lamar County Road #42350 a distance of 340.85 feet to the place of beginning and containing 10.05 acres of land.