16 - DISANNEXATION REQUESTS 36TH N.E.Item No. 16
memorandum
TO: City Council
John Godwin, City Manager
FROM: Stephanie H. Harris, Interim City Attorney
Carla Easton, P.WE. City Engineer
SUBJECT: Disannexation Requests 36th NE
DATE: February 10, 2016
BACKGROUND: The city has received applications from citizens requesting the City Council
consider disannexing their properties from the City of Paris because they do not receive city
sewer service in that area. These property owners do receive city services such as water, police,
fire and EMS, and sanitation pick up. This item was discussed at the regular City Council
Meeting on January 25, at which time Council directed staff to look into whether the City could
reasonably extend sewer service to this area. The residents expressed their willingness to cancel
the request if the City provides sewer service to the properties.
STATUS OF ISSUE: The Engineering Department has considered options for providing sewer
service along 36th Street NE. The nearest City sewer is approximately 2,800 feet south in the
Brownwood subdivision. It appears that an 8" gravity main at minimum slopes would
accommodate 6 of the 7 properties along 36th NE, but will require replacement of the existing
sewer main along 37th in the Brownwood subdivision. Estimated construction cost is between
$400,000 and $500,000. The property at 2330 36" NE St (SE corner of 36th at Smallwood Rd),
is approximately 300 feet from the street, and will not be able to gravity flow to a sewer main on
36th NE.
Maps showing the location of the parcels owned by those persons requesting disannexation in
relation to adjoining properties and the city boundary limit lines are attached for your review and
consideration. In June 2013, the City Council adopted Policies and Procedures for
Annexation/Disannexation, copies of which are attached for your review. The process for
disannexing properties from the City of Paris requires two public hearings over a 40 -day period
preceded by a 30 -day written notice to all property owners being disannexed and notice to Lamar
County, School Districts and Railroad Companies. Once the City Council directs staff which
parcels are to be disannexed, it would take approximately 90 days to completion.
BUDGET: This work is not currently budgeted, and would be funded from the 2013 Water and
Sewer Bond Fund.
RECOMMENDATION: Defer construction of the sewer main to coincide with future
development at a reduced cost.
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ANNEXATION
TABLE OF CONTENTS
PART I: CONTEXT & AUTHORITY
Section I. Introduction
Section 2. The Context of the Texas Local Government Code (TLGC)
Section 3. Annexation Authority and Procedures
Section 4. Provisions Regarding Disannexation
Section S. Annexation under Senate Bill 89
Section b. Municipal Regulation of the Extraterritorial Jurisdiction (ETJ)
Section 7. Annexation Policy Considerations
Section 8. Disannexation Policy Considerations
PART II: PURPOSE & INTENT
PART III: DEFINITIONS
PART IV: CRITERIA & PROCEDURES
PART I: CONTEXT & AUTHORITY
section 1. Introduction
In many parts of the U.S., county governments are considered to be "caretakers" of the unincorporated
areas, under the presumption that at some time in the future, they will be included within municipal
boundaries. Nevertheless, when cities consider annexation and /or disannexation of properties, there
are fundamental considerations that should be applied prior to those decisions. This report attempts to
address these considerations.
Section 2: The Context of the Texas Loca I Government Code
1. Annexation Procedural Methods:
Under 1999`s SB 89, there are two basic annexation procedural methods, each of which is based
either on the inclusion or exclusion of an area in a city's annexation plan:
(A) Annexation of an area that is exempt from the annexation plan requirement; and
(B) Annexation after Dec. 31, 2002 of area included in an annexation plan.
If an area is not exempt, a city must place it in an annexation plan and wait three years to
annex the area under the procedures established by Chapter 43, subchapter C, "Annexation
Procedures for Areas Annexed Under Municipal Annexation Plan."
2. The Annexation Plan:
SB 89 required that every city in Texas adopt an annexation plan that became effective no later
than December 1, 1999. The plan must identify annexations that will occur beginning three
years after the date the plan is adopted.
However, certain kinds of areas are exempt from the plan requirement. For example, if an area
"contains fewer than 100 separate tracts of land on which one or more residential dwellings are
located on each tract," the area is not required to be placed in an annexation plan. Also, if the
land is annexed by petition of area landowners or voters, the area is not required to be in a plan.
Further, a city can amend the plan to include new areas, but the city may not annex these areas
until three years after said area is included in the plan. There are also time limitations regarding
annexing property if an area is removed from the plan and /or placed back into the plan, There
are further notice requirements before the 90th day after the city adopts or amends the
annexation plan.
Section 3: Annexation Authority and Procedures
1. Annexation Powers:
(A) Provisions Regarding Annexation of a Home -Rule City.
Paris is a home rule city, and a home rule municipality can take the following actions if
provided by the city's charter:
(1) Fix the boundaries of the municipality;
(II) Extend the boundaries of the municipality and annex area adjacent to it; and
(i1i) Exchange area with other municipalities.
2. Annexation Procedures:
(A) A municipality may annex area only in its extraterritorial jurisdiction (ETJ) unless the
municipality owns the area (TLGC, Sec.43.051).
(B) There are annexation hearing requirements.
(C) The annexation of an area must be completed within 90 days after the date the governing
body institutes the annexation proceedings or those proceedings are void.
(p) A city cannot annex a publicly or privately owned area, including a strip of area that follows
the course of a road, highway, river, stream, or creek, unless the width of the area at its
narrowest point is at least 1,000 feet. (There are several situations where this requirement
does not apply. TLGC, Sec.43.054).
(E) In any calendar year, a municipality cannot annex a total greater than ten percent (10 %) of
the incorporated area of that municipality as of January 1 of that year, plus any amount of
area carried over to that year (under subsection (b) of Sec. 43.055, TLGC). An annexed area
is not included in this calculation if annexed at the request of the property owners of the
area, or if the area is owned by the municipality, a county, the state, or the federal
government and used for a public purpose. Further, a municipality carrying over an
allocation cannot annex in a calendar year, a total area greater than thirty (30) percent of
the incorporated area of the municipality as of January 1 of that year.
(F) Service Plans to Annexed Areas:
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(1) Within a specified time limit, a city that is proposing an annexation must complete a
service plan that provides for the extension of full municipal services to the area to be
annexed. (Sec.43.056).
(II) Said full municipal services must be provided in the annexed area no later than 2% years
after the effective date of the annexation. (There is opportunity for extension of certain
services, but no later than 4% years after the date of the annexation.)
(Ili) However, under this program if a city provides any of the following services within its
corporate limits prior to annexation, the city must provide those services in the area
proposed for annexation on the effective date of the annexation of the area:
(a) police protection;
(b) fire;
(c) emergency medical services;
(d) solid waste collection (except as certain conditions require);
(e) operation and maintenance of water and wastewater facilities in the annexed area
that are not within the service area of another water or wastewater utility (as
defined by CCNs);
(f) operation and maintenance of roads and streets, including road and street lighting;
(g) operation and maintenance of parks, playgrounds, and swimming pools, and
(h) operation and maintenance of any other publicly owned facility, building, or service.
The service plan may be amended to extend the period of construction if said
construction is occurring as quickly as possible. There are also other criteria regarding
provision of services in the annexed area based on the existing level of service in the
area to be annexed, etc. The proposed service plan must be made available for public
inspection and explained to the inhabitants of the area at the public hearings held under
Sec. 43.0561. A service plan is valid for ten years; renewal of the service plan is at the
discretion of the municipality. There are also other opportunities for citizens to enforce
the service plan.
Section 4: Provisions Regarding Disannexation
1. Disannexation for Failure to Provide Services (Sec. 43.141):
(A) A majority of the qualified voters of an annexed area may petition the governing body of the
municipality to disannex the area if the municipality fails or refuses to provide services or to
cause services to be provided to the area within the period specified by Section 43.056 or by
the service plan prepared for the area under that Section.
(8) if the governing body fails or refuses to disannex the area within Go days after the date of
the receipt of the petition, any one or more of the signers of the petition may bring a cause
of action in a district court of the county in which the area is principally located to request
that the area be disannexed. On the filing of an answer by the governing body, and on
application of either party, the case shall be advanced and heard without further delay in
accordance with the Texas Rules of Civil Procedure. The district court shall enter an order
disannexing the area if the court finds that a valid petition was filed with the municipality
and that the municipality failed to perform its obligations in accordance with the service
plan or failed to perform in good faith.
(C) If the area is disannexed under this Section, it may not be annexed again within 10 years
after the date of the disannexation.
2. Disannexation According to Municipal Charter in Home -Rule Municipality (Sec. 43.142)
A home -rule municipality such as Paris may disannex an area In the municipality according to
rules as may be provided by the charter of the municipality and not inconsistent with the
procedural rules prescribed by this chapter.
3. Width Rea uirement for Disannexation (Sect. 43 -147)
(A) A municipality disannexing a road or highway shall also disannex a strip of area that is equal
in size to the minimum area that the municipality is required to annex in order to comply
with the width requirements of Sec. 43.054 unless such disannexation is undertaken with
the mutual agreement of the county government and the municipality. The strip of area to
be disannexed must be adjacent to either side of the road or highway, and follow the course
of the road or highway.
4. Requirements Regarding Federal and State Approvals and Notices
All annexation ordinances and information relating to the annexation must be submitted for
approval of the U.S. Department of Justice. Also, the Texas Secretary of State must be notified
of any annexation /disannexation. Certain other agencies are also required to be notified if city
changes its boundaries.
Section S. Annexation Under Senate Bill 89
The following is an outline only of the procedures that now must be followed when annexing territory:
1. Adopt an annexation plan. (Sec. 43.052 (c))
2. Determine whether the municipality may annex the territory. (Sec. 43.0545)
3. Determine whether territory should be included in the annexation plan. (Sec. 43.052 (h)).
4. Comply with the notice requirements.
5. Provide written notice to school districts.
5. Prepare an inventory of services and facilities.
7. Prepare a service plan.
8. Address hearing requirements.
9. Submit annexations to the U.S_ Justice Department for preclearance not later than the 9&
day before the effective date of the annexation or the earliest date permitted under federal
law (Sec.43.906 (a)).
Section 6. Municipal Regulation of the Ex train orial Jurisdiction
The policy purpose regarding the ETJ is stated in Sec. 42.001 of the TLGC. Chapters 42 and 43 of the
TLGC address the Municipal Annexation Act. The City of Paris' population has, under Sec. 42.021 a
"number of inhabitants" between 25,000- 49,999, "and therefore the extent of (its) extraterritorial
jurisdiction" is two (2) miles.
Sec. 42.023 states: "The extraterritorial jurisdiction of a municipality may not be reduced unless the
governing body of the municipality gives its written consent by ordinance or resolution, except in cases
of judicial apportionment of overlapping extraterritorial jurisdiction under Sect. 42.901."
Section 42.022 discusses the expansion of the M. The code also addresses the very rare issue of
overlapping ET1s.
1. Municipal Regulations Within the ET!
Texas cities do not have the statutory ability to zone property within their ETJ; however, Sec.
212.003 states that a city's subdivision regulations are applicable within its ETJ if that
municipality has extended its subdivision regulations into the ETJ by ordinance. (Note: Paris'
Subdivision Regulations states that said regulations also apply in the ETJ.)
A municipality may regulate subdivisions and approve plats for tracts of land located outside its
city limits and outside its ETJ if there is an interlocal agreement providing for such regulation
and approval (Sec. 242.001 (e)). If a property lies within the ETJ of more than one municipality,
the municipality with the larger population has the responsibility for approval (Sec. 212.007 (a)).
2. Subdivisions HB 1445 and the ETJ
House Bill 1445 was adopted by the 2001 Session of the Texas Legislature and provided for an
agreement between a county and a municipality to regulate a subdivision in the ETJ of a
municipality. H_B. 1445, now in Chapter 242 of the Texas Local Government Code, required that
a city and county shall enter into a written agreement that identifies the governmental entity
authorized to regulate subdivision plats and approve related permits in the ET1 (Sec. 242.001
(a)). For a municipality existing on September 1, 2001, the municipality and county were
required to enter into a written agreement on or before April 1, 2002 (Sec. 242.001(c).
Texas municipalities have four options under H.B. 1445: (1) the county will possess no authority
over plats and all review will be done by the city; (2) the city possesses no authority over plats
and all review will be done by the county; (3) the city and county will divide the ET1
geographically and each will delineate in which area it possesses authority over plats; and (4)
the city and county jointly review plats under their respective authority, but there must be one
filing fee, one office to file plats, and one uniform and consistent set of plat regulations.
3. HB 1197- Akreements with Landowners
This bill added Subchapter G, entitled "Agreement Governing Certain Land in a Municipality's
Extraterritorial Jurisdiction," to Chapter 212 of the TLGC "Municipal Regulation of Subdivisions
and Property Development." The bill provides that a city council can enter into a written
contract with an owner of land in the city's ETJ to (1) guarantee the land's immunity from
annexation for a period of up to fifteen years; (2) extend certain aspects of the city's land use
and environmental authority over the land; (3) authorize enforcement of land use regulations
other than those that apply within the city; (4) provide for infrastructure for the land; and (5)
provide for the annexation of the land as a whole or in parts and to provide for the terms of
annexation, if annexation is agreed to by the parties.
4. Development Plats
Sections 212.041- 212.050 of the TLGC provide authority for municipalities to accept
development plats in the ETJ. A development plat, however, should not be confused with a
subdivision plat. The authority to regulate subdivisions is found in Subchapter A of Chapter 212
whereas the authority to regulate property development through the use of plats is found in
Subchapter B of Chapter 212 of the TLGC. A city must choose by ordinance to be covered by
Subchapter B (or the law codified by that subchapter) (TLGC Sec. 212.041 and if a municipality
so chooses, any person who requests development of a tract of land in the corporate limits of
ETJ must prepare a development plat. "Development," for purposes of Subchapter B, means
"the new construction or the enlargement of any exterior dimension of any building, structure,
or improvement."
Subchapter B expressly provides that it "does not authorize a municipality to require municipal
building permits or otherwise enforce the municipality's building code in its extraterritorial
jurisdiction." (Sec. 212.049.)
S. Sign Rei;ulations
Chapter 216 of the Texas Local Government Code addresses the relocation, reconstruction or
removal of a sign in the ETJ. Specifically, Section 216.003 allows municipalities to "require the
relocation, reconstruction, or removal of any sign within its corporate limits, or extraterritorial
jurisdiction," subject to the detailed regulatory procedure included in Sec. 216.0035 (creation of
municipal sign control board, compensation requirements, exceptions and appeal provisions).
A home -rule municipality has other authority to regulate signs. Home rule cities may license,
regulate, control, or prohibit the erection of signs or billboards by charter or ordinance in
compliance with Chapter 216 of TLGC, (Sec 216.901.) Municipalities may regulate the location
proximity, size, separation, setback and height provisions so long as the ordinance reflects a
reasonable relationship to the public health, safety or general welfare.
A home -rule city may extend the provisions of its outdoor sign regulatory ordinance and enforce
the ordinance within its M. In lieu of regulatory ordinances, however, home -rule cities may
allow the Texas Transportation Commission to regulate outdoor signs in the ETJ by filing a
written notice with the Commission. If a municipality extends its outdoor sign ordinance within
its ETJ, the municipal ordinance supersedes the regulations imposed by or adopted by the
Commission. (Sec. 216.902.)
6. industrial Districts and Planned Unit Development Districts
Section 42.044 of the TLGC allows a municipality to designate a part of its ETJ as an industrial
district and treat that area in the manner considered to be in the best interest of the city,
including making written contracts with the owner of the land regarding annexation and
regulations. Chapter 42 of the TLGC also discusses planned unit development districts in the
ETJ. The governing body of a municipality that has disannexed territory previously annexed for
limited purposes may designate an area within its ETJ as a planned unit development district by
written agreement with the owner of the land. The planned unit development district shall
contain no fewer than 250 acres. (See TLGC Sec. 42.046.)
7. Impact Fees
Impact fees, under Ch. 395 of the TLGC, may be applied in the ETJ; however, impact fees for
roadway elements cannot be imposed in the ETJ. Paris does not collect such fees at this time.
8. Municipal Drainage Utility Systems
Under Sec. 402.044 (8) of the TLGC, the boundaries of a city's drainage system service area may
be extended within the ETJ that contribute overland flow into the watershed of the city. Paris
has no such system at this time.
9. The 5,000 Foot "Nuisance Zone"
Section 217.042 of the TLGC states as follows:
(A) The municipality may define and prohibit any nuisance within the limits of the municipality
and within 5,000 feet outside the limits, without regard to its ETJ.
(B) The municipality may enforce all ordinances necessary to prevent and summarily abate and
remove a nuisance.
If a home -rule city wishes to enforce these activities extraterritorially, city ordinances must be
amended to reflect the extraterritorial application of the ordinances. Also, a home -rule city
cannot just state that all conduct is a nuisance and extend such nuisance regulations 5,000 feet
from the city's boundaries. A "nuisance" is anything that works injury, harm or prejudice to an
individual or the public, or which causes a well- founded apprehension of danger. A nuisance
obstructs, impairs or destroys the reasonable, peaceful and comfortable use of property.
10, Economic Development
HB 918, effective May 17, 2005, amended Section 380.001(a) of the TLGC to include a
municipality's ETJ and areas annexed for limited purposes as part of the municipality for
purposes of establishing economic development programs. SS 466, effective September 1,
2005, amended a number of Sections of chapter 377 of the TLGC relating to municipal
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development districts. The amendments allow any municipality to create a municipal develop-
ment district, and allow that a municipal development district may include, in whole or in part, a
municipality's FT1.
11. The "SOB" Zone
Chapter 243 of the TLGC allows city and county regulation of sexually oriented businesses
( "SOBs "). Most municipal ordinances that regulate SOBS provide distance requirements; i.e.,
requirements that a SOB may not be located within a certain number of feet of a church, school,
residentially -zoned area, day care center or other sexually oriented business. (Sec. 243.006 (a)).
Section 243.003 (b) of the TLGC specifically, states that "(a] regulation adopted by a municipality
applies only inside the municipality's corporate limits." However, after discussion of case law
from other states, the Texas Attorney General concluded that even though Section 243.003 of
the TLGC does not give extraterritorial effect to an SOB ordinance, Section 243.006(a)(2) of the
TLGC nonetheless may apply.
"A city may apply a municipal ordinance to prohibit a sexually oriented business within a
specified distance of a school, church, or other entity covered by Section 243.006 (a) (2) of the
TLGC even though that entity is not within the corporate limits of the city in question, so long as
the sexually oriented business is within those limits. Such application does not violate the
statutory requirement that the ordinance only apply in the city's corporate limits."
Therefore, the distance requirements contained in local SOB ordinances may be enforced, even
if the underlying SOB ordinance has no extraterritorial effect.
PART II: PURPOSE & 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
regular update of the city's comprehensive plan.
Issues that should be considered include:
Physical Boundaries
Proposed annexations should acknowledge, so far as possible, existing or proposed physical
features which can constitute boundaries between different areas. For example, natural
features such as rivers, streams, or pronounced topographic changes, and man -made elements
like railroads and existing or planned expressways and freeways, can be appropriate boundaries
between the annexation areas of two or more communities.
Legal and Administrative Boundaries
invisible boundaries are sometimes just as important as the strong visible barriers just
described. County lines are permanent political boundaries that can serve as appropriate
annexation limits. Though existing property lines, easements, corporate limits and the
administrative boundaries of park districts, fire protection districts, and elementary and high
school districts, can and do change, they should be respected as far as possible to avoid
confused jurisdictions and administrative problems.
Natural Drainaee Divides
Because of the high capital costs associated with sanitary sewer installations (as well as, of
course, other utility installations), municipalities should typically annex within natural drainage
basins to achieve the economies of gravity sewer flow. In areas, however, where, for example, a
countywide sewer system has been proposed, drainage divides are less important as a guideline
for annexation boundaries.
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+ Ability to Provide Services and Facilities
Properties or an area should be annexed only to a municipality willing and able to provide fire
and police protection and refuse collection immediately and sanitary sewer and water service
within a reasonable period of time. Provision of sewer and water service should, however, not
be at the expense of areas already within the municipality that still do not have these services.
Simplification of Municipal Boundaries
Annexations should be encouraged and enhanced that have the effect of consolidating a
community's corporate area and reducing the irregularities that previous annexations may have
added to the corporate limits. "Squaring off" the municipal limits to create an easily recog-
nizable shape can enhance the image that residents have of their municipality and create a
more logical shape for administering services. Also, more logical and easily definable
configurations of annexed property also provide the development community with
opportunities oftentimes to create developments that are more efficient and aesthetically
pleasing. Annexation lines should be drawn so as to avoid ribbons or odd pieces of
unincorporated land between communities. It is preferable for municipalities to abut and have
a common boundary rather than be separated by a small unincorporated area.
e Cost - Revenue Analysis
The deficit of income to be realized from the annexed area against the expenses to the
municipality in serving it should be reasonable. Cost- revenue analysis, a topic in itself and
beyond the scope of this report, can compare the annexation area's potential revenue base with
the costs of furnishing necessary services. For example, consideration should be given to a
situation whereby a city annexes a residential subdivision that was not built to that city's
subdivision standards. In the long -run, therefore, the current citizens within the annexing
municipality may have to pay for upgrading said potentially annexed subdivision.
Economic Development
In conjunction with cost - benefit analysis, Paris can use annexation, where appropriate, as a tool
to stimulate local and regional economic growth and implement sound, long -range capital
improvement programming. A sub -tool for this kind of economic development could be, for
example, public- private partnerships and investments.
Comprehensive Plans and Zoning District Maps
Texas does not allow zoning of unincorporated areas. Therefore, if property is annexed, it
should be zoned as soon as possible to be in conformance with the annexing municipalities'
future land use plan within its comprehensive plan. If such zoning does not occur in a timely
manner, the municipality runs the risk of having its recently annexed area developed with land
uses that may be Incompatible with that city's land use plans, growth- goals, and policies.
Parks, Recreation. and open Space
Oftentimes, parks, recreation, and open space plans can be more fully implemented if linkages
can be made to other parks elements, to increase citizen use, city design, and aesthetic features.
In certain instances, therefore, it could be an important factor to annex areas outside of Paris
that could enhance trail systems, as well as use environmental resources that are presumably
outside the city (e.g., flood plan and /or other environmentally sensitive, archeological and /or
historical sites or interesting areas).
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• Contiguity. Territory to be annexed must be contiguous to the annexing municipality. Strip or
tentacle annexations along roads or easements, while held as legal in some cases, should be
avoided because oftentimes such annexations do not allow for area design and /or depth of
property to create well- designed and functioning developments of various types of land uses.
Densi . Territory to be annexed should have a population density sufficient to warrant the
extension of municipal services. The cost of providing services and utilities should not unduly
burden the tax rate of a potential annexing body. As stated, what is urban should be municipal.
Development of a sufficient intensity to require municipal services (public water, sewerage, etc.)
should become part of some municipality. in addition, areas not yet possessing urban character
that are in the path of impending urban development can also be good candidates for
annexation.
Who Should Annex?
After it has been determined that an area is suitable for annexation, a second question often
arises in many parts of the country where several municipalities are in close proximity to each
other. That is, which of two or three potential annexing bodies should annex it? Annexation of
an unincorporated area by one municipality or another can have many important physical,
social, and financial consequences for the area annexed as well as for the annexing municipality.
Four overall general goals that good annexations satisfy are:
• Community Identity. Annexations should encourage feelings of community cohesive -ness.
Businesses and residents should have a sense of belonging to the municipality within whose
corporate limits they live and /or work.
• Economy. Annexations should promote economy by minimizing the costs of providing services
to new areas and by providing opportunities to expand the local tax base.
• Convenience. Existing and future residents and /or businesses within annexation areas should
find it convenient to use the public and private services and facilities provided by the annexing
municipality.
•
Simplicity. Annexation boundaries should be regular and logical to facilitate administration of
services and further a sense of community identity.
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PART III: 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.
o 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 two 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:
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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% years after annexation but may extend the deadline to 4% years after
annexation for services that cannot reasonably be provided within 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.
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PART IV: CRITERIA & 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 within 4Y2 years of annexation in accordance with state
law, without negatively impacting service provision within the city.
Z. 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 within 4'/: years of 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 within 4Y� years of 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
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b. The City is able to provide municipal services within 4% years of 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 within 4% years of 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
Factors to be considered regarding disannexation are whether the issues identified in the previous
sections have been effectively addressed or implemented. Therefore, if property that is already
annexed has created problems for Paris because the original reason(s) and or situation(s) that generated
the annexation in the first place do not satisfy positive criteria for annexation, then said properties
should be considered for disannexation. Again, as with annexation, various weights should be given to
the factors involved when evaluating any specific area for disannexation.
The City will consider disannexation of any area within its corporate limits if so requested by a majority
of the property owners(s) and if the area fails to meet at least one of the above seven criteria, and if:
The proposed disannexation is part of an identifiable, logical whole (versus individual parcels) which
neither creates "holes" inside the existing corporate city limits, nor forces any other area of the city
outside the revised city limit boundary line ( "islands" outside the revised lines).
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