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10 - DISANNEXATION REQUESTSItem No. 10 memorandum TO: Mayor & Council FROM: Stephanie H. Harris, City Attorney SUBJECT: DISANNEXATION REQUESTS DATE: May 10, 2016 BACKGROUND: The City Council has previously directed staff to proceed with the disannexation of the following properties due to lack of City water and sewer services and the City's inability to provide them with these services in a timely manner: • Terry & Dedra Dollins, 3356 FM 79 • Peter & Lisa Zacharias, 3388 & 3384 FM 79 • Jessie Tucker, 3930 FM 79 • O.B. McCuin, 3928 FM 79 • Stacy & Shelia Pendergraft, 3790 FM 79 • Ronald Dockray, 3197 FM 79 • Carolyn Patterson, 2 acre tract, Rt. 1, FM 79 and 2.5 acres, FM 79 • Arthur & Joyce Lay, 3248 FM 79 • Carol Diggs, FM 79 The properties currently receive City Sanitation, Fire, EMS and Police Services. Upon disannexation these services change to the property owner's choice in sanitation company, the local volunteer fire department, and the Lamar County Sheriff's Department would be responsible for Law Enforcement for the properties. The City would still provide EMS service. STATUS OF ISSUE: This is the first public hearing for the proposed disannexation of 164.31 acres, being three tracts as follows: A 1.16 acre tract, a 2.45 acre tract and a 160.7 acre tract located in the southeastern corner of the Chisum Abstract No. 175 and northeastern corner of the Bourland Abstract No. 70 being 0.75 miles northwest of the intersection of FM Hwy 79 and the 2.45 acre tract being located along the south side of FM Hwy 79 including addresses ranging from 3194 FM Hwy 79 to 3930 FM Hwy 79, of the City of Paris, Lamar County Texas. The metes and bounds descriptions of the three tracts and a map thereof are attached to the attached proposed ordinance as Exhibit A. 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 April 22, 2016. The first public hearing will take place on May 16, 2016, the second public hearing will take place May 23, 2016, and the City Council may take action on the proposed disannexation at its regular meeting on June 13, 2016. BUDGET: Tax base reduction RECOMMENDATION: Conduct the first public hearing on the disannexation as published on April 22, 2016 in The Paris News. Draft ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS DISANNEXING THREE TRACTS OF LAND BEING 1.16 ACRES, 2.45 ACRES AND 160.7 ACRES FOR A TOTAL OF 164.31 ACRES LOCATED IN THE SOUTHEASTERN CORNER OF THE CHISUM ABSTRACT NO. 175 AND NORTHEASTERN CORNER OF THE BOURLAND ABSTRACT NO. 70 BEING 0.75 MILES NORTHWEST OF THE INTERSECTION OF FM HWY 79 AND THE 2.45 ACRE TRACT BEING LOCATED ALONG THE SOUTH SIDE OF FM HWY 79 INCLUDING ADDRESSES RANGING FROM 3194 FM HWY 79 TO 3930 FM HWY 79, OF 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 AND A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on January 25, 2016, property owners Terry and Dedra Dollins, Peter and Lisa Zacharias, Jessie Tucker, O.B. McCuin, Stacy and Shelia Pendergraft, Ronald Dockray, Carolyn Patterson, Arthur and Joyce Lay and Carol Diggs 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 city water and sewer services; and WHEREAS, the request includes three tracts of land being 1.16 acres, 2.45 acres and 160.7 acres for a total of 164.31 acres located in the southeastern corner of the Chisum Abstract No. 175 and northeastern corner of the Bourland Abstract No. 70 being 0.75 miles northwest of the intersection of FM Hwy 79 and the 2.45 acre tract being located along the south side of FM Hwy 79 including addresses ranging from 3194 FM Hwy 79 to 3930 FM Hwy 79, of the city of Paris, Lamar County, Texas, more particularly described in Exhibit A attached hereto and incorporated herein; and WHEREAS, City of Paris engineering staff and third -party engineering consultants have studied the area to determine if it is 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 is not currently feasible or practical to install new sanitary sewer lines and lift stations in this area which is still mostly undeveloped with low population; and WHEREAS, on February 8, 2016, the majority of the City Council voted to move forward with disannexation and called for public hearings on May 16, 2016 and May 23, 2016 in accordance with state law; and 1 WHEREAS, notice of the public hearings was published in The Paris News on April 22, 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. 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 three tracts of land being 1.16 acres, 2.45 acres and 160.7 acres for a total of 164.31 acres located in the southeastern corner of the Chisum Abstract No. 175 and northeastern corner of the Bourland Abstract No. 70 being 0.75 miles northwest of the intersection of FM HWY 79 and the 2.45 acre tract being located along the south side of FM HWY 79 including addresses ranging from 3194 FM HWY 79 to 3930 FM HWY 79, 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. Pa 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 13th day of June, 2016. A.J. Hashmi, M.D., Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney Metes and Bounds Description 1.16 Acres Lamar County, Texas March 2016 Beginning at the Southwest comer of a called 1.16 acre less 6/10 acre tract of land conveyed from Gerald L. Hanks and wife Mary J. Hanks to O.B. McCuin and wife Jean McCuin on October 06, 1982 by deed recorded in volume 649, page 853 of the Deed Records of Lamar County Texas, said corner also being in the Northeast right of way line of Farm To Market Road Number 79, and in the Western line of the City Limits of Paris as annexed by City Ordinance Number 99 -034, Tract 5; Thence N 74° E, along the South line of the aforementioned McCuin tract, a distance of 148 feet to the southeast comer of said McCuin tract; Thence N 20° W, along the East boundary line of the aforementioned McCuin tract, passing its northeast corner and the southeast corner of a called 6/10 acre tract of land conveyed from Michael D. Tucker to Jessie Earl Tucker on May 10, 1996 by deed recorded in volume 607, page 92 of the Real Property Records of Lamar County, Texas, and continuing along the original course of N 20° W for a total distance of 192 feet to the northeast corner of said called 6/10 acre Tucker tract; Thence N 82° W, along the North boundary line of the aforementioned called 6/10 acre Tucker tract, a distance of 192 feet to the northwest comer of said called 6/10 acre Tucker tract, said comer also being in the East right of way line of Farm to Market Road Number 79 and in the West line of the aforementioned City of Paris Ordinance Number 99 -034 Tract 5; Thence in a southeast direction, along the West boundary line of the aforementioned Tucker tract and the East boundary line of Farm to Market Road Number 79, at a distance of 191 feet passing the southwest comer of said Tucker tract, and continuing on along the West boundary line of the aforementioned McCuin tract and the East line of Farm to Market Road Number 79 for a total distance of 376 feet to the point of beginning and containing 1.16 acres of land. I Kevin K. Whitley Registered Professional Land Surveyor #5892 for the State of Texas do hereby certify that this Metes and Bounds Description satisfies the following conditions: 1. This Metes and Bounds Description was prepared for the City of Paris for the sole purpose of defining or modifying the boundaries of the political subdivision. 2. Points can be located on the ground by ordinary surveying procedures. 3. Bearings and distances were quoted from courses and distances from recorded documents such as deeds, highway right of way maps and city ordinances. 4. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interest in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political /subdivision for which it was prepared. KEVIN K. WHITLE , R LS bATE 1, 0„ EXHIBIT �' Metes and Bounds Description 2.45 Acres Lamar County, Texas March 2016 Beginning at the Southwest corner of a called 2.068 acre tract of land conveyed from Gary L. Patterson to Carolyn V. Patterson on October 14, 1976 by deed recorded in volume 584, page 79 of the Deed Records of Lamar County Texas which is also called to be the southwest corner of a called 7 acre tract of land conveyed from Neville Brooks to Troy Bussell on October 27, 1941 by deed recorded in volume 261, page 620 of the Deed Records of said county, and said comer also being the original southwest corner of a called 4.5 acre tract (save and except 2.068 acres) of land, conveyed from Mable Elizabeth Patterson to Gary Lee Patterson on September 25, 2001, and said corner also being in the northwest city limits of the City of Paris as annexed by City Ordinance Number 97 -059, Tract 2; Thence East along the South boundary line of said called 2.068 acre Patterson tract and along the South boundary line of the aforementioned called 4.5 acre (save and except 2.068 acres) Patterson tract, at a distance of 282.0 feet passing the southeast corner of said called 2.068 acre tract and the current southwest corner of said called 4.5 acre (save and except 2.068 acres) tract and continuing on for a total distance of 755 feet to the southeast corner of said called 4.5 acre (save and except 2.068 acres) tract; Thence North along the East boundary line of said called 4.5 acre (save and except 2.068 acres) tract, a distance of 182 feet to its northeast corner, said corner also being in the northeast city limits of the City of Paris as annexed by City Ordinance Number 97 -059 Tract 2 in the south boundary line of Farm to Market Road Number 79; Thence Northwesterly, with the North line of the aforementioned called 4.5 acre (save and except 2.068 acres) Patterson tract and the South boundary line of Farm to Market Road Number 79 to a point where said North boundary line intersects the northwest city limits line of the City of Paris as annexed by City Ordinance Number 97 -059, Tract 2; Thence Southwesterly, with the northwest city limits line of the City of Paris as annexed by City Ordinance Number 97 -059 Tract 2 to the point of beginning and containing 2.45 acres of land. I Kevin K. Whitley Registered Professional Land Surveyor #5892 for the State of Texas do hereby certify that this Metes and Bounds Description satisfies the following conditions: 1. This Metes and Bounds Description was prepared for the City of Paris for the sole purpose of defining or modifying the boundaries of the political subdivision. 2. Points can be located on the ground by ordinary surveying procedures. 3. Bearings and distances were quoted from courses and distances from recorded documents such as deeds, highway right of way maps and city ordinances. 4. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interest in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. KEVIN K. WHITL YR LS DATE / ��P:�src, Metes and Bounds Description 160.7 Acres Lamar County, Texas March 2016 Beginning at the Southeast corner of a called 4 acre tract of land conveyed from Carol E. Diggs to Doris Jean Diggs on August 19, 1991 by deed recorded in volume 234, page 129 of the Real Property Records of Lamar County Texas, said corner also being in the North right of way line of Farm To Market Road Number 79, and in the South line of the City Limits of Paris as annexed by City Ordinance Number 99 -034, Tract 5; Thence N 00 °52'48" W, along the East line of the aforementioned Tract 5 and the East line of the aforementioned called 4 acre Diggs tract, to an angle point in said Tract 5 in the South line of a called 26.2 acre tract of land conveyed from Carol E. Diggs to Doris Jean Diggs by the aforementioned volume 234, page 129; Thence East, along the South line of the aforementioned called 26.2 acre Diggs tract the southeast comer of said called 26.2 acre Diggs tract, said point also being the southwest corner of a called 143.513 acre tract of land conveyed from Benjamin Drew Crawford to Toby Yoder on June 14, 2002 by deed recorded in volume 1206, page 252 of the Real Property Records of Lamar County, Texas; Thence N 00 °l0'07" W, along the West boundary line of the aforementioned called 143.513 acre Yoder tract, which is also called to be the East boundary line of the aforementioned called 26.2 acre Diggs tract, a distance of 899.34 feet to a point for corner at an interior comer of said called 143.513 acre Yoder tract which is also called to be an ell corner of said called 26.2 acre Diggs tract; Thence S 88'04'14" E, along the common boundary line of the aforementioned Yoder tract and the aforementioned called 26.2 acre Diggs tract, a distance of 207.05 feet, to a comer; Thence N 00 °59'03" W, along the common boundary line of the aforementioned Yoder tract and the aforementioned called 26.2 acre Diggs tract, a distance of 404.10 feet to the northeast corner of said called 26.2 acre Diggs tract, said point also being in the South boundary line of a called 24.7 acre tract of land conveyed from Betty Mae Gibson to Dedra Gail Dollins on June 27, 2011 by deed recorded in Lamar County Clerk's Document Number 088963 -2011; Thence S 86 °44'42" E, along the common boundary line of the aforementioned Yoder tract and the aforementioned called 24.7 acre Dollins tract, a distance of 8.78 feet to the southeast comer of said called 24.7 acre Dollins tract; Thence N 01'] 8'23" W, along the common boundary line of the aforementioned Yoder tract and the aforementioned called 24.7 acre Dollins tract, a distance of 989.14 feet to the northeast corner of said called 24.7 acre Dollins tract, said corner also being the northeast corner of the aforementioned City of Paris Ordinance Number 99 -034 Tract 5; Thence West, with the North line of the aforementioned City of Paris Ordinance Number 99 -034 Tract 5, a distance of 2,115 feet to an angle point in said Tract 5, which is also the northwest corner of a called 25 acre tract of land conveyed from Betty Mae Gibson to Dedra Gail Dollins by the aforementioned deed recorded n Lamar County Clerk's Document Number 088963 -2011; Thence S 0l °20' E, along the northern boundary line of the aforementioned City of Paris Ordinance Number 99 -034 Tract 5 and the West line of the aforementioned called 25 acre Dollins tract, to the northeast corner of a called 7.104 acre tract of land conveyed from David R. Robinson to Peter H. Zacharias on November 30, 2009 by deed recorded in Lamar County Clerk's Document Number 074557 -2009; Thence S 89 °30' W, along the North boundary line of the aforementioned called 7.104 acre Zacharias tract, a distance of 360.00 feet to the northwest comer of said called 7.104 acre Zacharias tract, which is also a northern corner of the aforementioned City of Paris Ordinance Number 99 -034 Tract 5 and the northeast corner of a called 40.82 acre tract of land conveyed to Peter H. Zacharias by the aforementioned deed recorded in Lamar County Clerk's Document Number 074557 -2009; Thence West, along the North line of the aforementioned City of Paris Ordinance Number 99 -034 Tract 5, and the aforementioned called 40.82 acre Zacharias tract, a distance of 831 feet to an ell corner of said City of Paris Ordinance Number 99 -034 Tract 5 and the northwest corner of said called 40.82 acre Zacharias tract; Thence South, along a western boundary line of the aforementioned City of Paris Ordinance Number 99- 034 Tract 5, and the West boundary line of the aforementioned called 40.82 acre Zacharias tract, to the northeast corner of a tract of land conveyed from Samuel David Beshirs to Stacy Pendergraft on May 07, 1992 as Tract Two in the deed recorded in volume 283, page 300 of the Real Property Records of Lamar County, Texas; Thence West, along the aforementioned Pendergraft Tract Two, a distance of 350 feet to the northwest corner of said Tract Two, said corner also called to be in the East right of way line of Farm to Market Road Number 79 and in the West line of the aforementioned City of Paris Ordinance Number 99 -034 Tract 5; Thence along the West and South line of the aforementioned City of Paris Ordinance Number 99 -034 Tract 5, which is also called to be the North right of way line of Farm to Market Road 79, the following calls; S 29 °23'44" E, a distance of 449.594 feet, S 40 030'33" E, a distance of 1,129.979 feet, S 51 049'59" E, a distance of 392.365 feet, S 72 °59'38" E, a distance of 997.694 feet, and S 76'27'22"E, a distance of 854.502 feet to the point of beginning and containing 160.7 acres of land. I Kevin K. Whitley Registered Professional Land Surveyor #5892 for the State of Texas do hereby certify that this Metes and Bounds Description satisfies the following conditions: 1. This Metes and Bounds Description was prepared for the City of Paris for the sole purpose of defining or modifying the boundaries of the political subdivision. 2. Points can be located on the ground by ordinary surveying procedures. 3. Bearings and distances were quoted from courses and distances from recorded documents such as deeds, highway right of way maps and city ordinances. 4. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interest in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. KEVIN K. 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