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HomeMy WebLinkAbout2017-R-07 - Annexation Plan RESOLUTION NO. 2017-R-07 RESOLUTION ADOPTING AN ANNEXATION PLAN FOR THE CITY OF STEPHENVILLE IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 43.052(C). WHEREAS, the Texas Legislature, during the 76th Legislative Session adopted Senate Bill 89, codified as Texas Local Government Code Chapter 43; WHEREAS,Section 43.052(c)of the Code requires a municipality to adopt an annexation plan that specifically identifies annexations that may occur beginning on the third anniversary of the date the annexation plan is adopted; WHEREAS,Section 43.052(h) of the code states: "(h) This section does not apply to an area proposed for annexation if: (1) the area contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract; (2) the area will be annexed by petition of more than 50 percent of the real property owners in the area proposed for annexation or by vote or petition of the qualified voters or real property owners as provided by Subchapter B; (3) the area is or was the subject of: (A) an industrial district contract under Section 42.044; or (B) a strategic partnership agreement under Section 43.0751; (4) the area is located in a Colonia, as that term is defined by Section 2306.581, Government Code; (5) the area is annexed under Section 43.026,43.027,43.029, or 43.031; (6) the area is located completely within the boundaries of a closed military installation; or (7) the municipality determines that the annexation of the area is necessary to protect the area proposed for annexation or the municipality from: (A) imminent destruction of property or injury to persons; or (B) a condition or use that constitutes a public or private nuisance as defined by background principles of nuisance and property law of this state." NOW,THEREFORE,BE IT RESOLVED by the city council of the City of Stephenville,Texas,that the following statement regarding annexation is adopted as the City of Stephenville Annexation Plan: The City Council of the City of Stephenville does not intend to annex any area for which an annexation plan is required or which is not exempt under Texas Local Government Code Section 43.052(h). In the event that the City of Stephenville considers annexation of non-exempt areas, the city will follow the requirements set out in Chapter 43 of the Local Government Code or applicable law. Resolution Adopting Annexation Plan Page 1 PASSED and APPROVED this the 7th day of March, 2017,. Jerr K. el 'on II, Mayor ATTEST: c ° Cindy L.S fdrd, iter Se ry .. Reviewed byAllen)'5rnes', City Administrator Approved as to form and legality Randy Thomas, City Attorney Resolution Adopting Annexation Plan Page 2