TITLE
Consider a memorandum/resolution directing that a written service agreement be negotiated for voluntary annexation of approximately 5.811 acres of land lying contiguous to the existing city limits, along the north right-of-way of Chaparral Road, and approximately 310’ east of the Heritage Oaks subdivision, Killeen, Texas.
SUMMARY
DATE: April 28, 2020
TO: Kent Cagle, City Manager
FROM: Tony D. McIlwain, Executive Director of Planning & Dev. Svcs.
SUBJECT: Consider a voluntary annexation petition for approximately 5.811 acres of land lying contiguous to the existing city limits, along the north right-of-way of Chaparral Road, and approximately 310’ east of the Heritage Oaks subdivision, Killeen, Texas
BACKGROUND AND FINDINGS:
On March 24, 2020, the Planning and Development Services Department received a voluntary petition for annexation from Killeen Chaparral Development, L.L.C., represented by Gary W. Purser, Jr. The subject tract is comprised of 5.811 acres and is located contiguous to the existing city limits, along the north right-of-way of Chaparral Road, and approximately 310’ east of the Heritage Oaks subdivision, Killeen, Texas. In accordance with the applicant's request, the staff is providing the annexation process in accordance with the most recent legislative changes. It shall be noted that individual landowner petitions for annexation are no longer subject to a 90-day schedule. Staff is requesting that the City Council provide a motion of direction to the City Manager.
Annexation Process
Local Government Code (LGC) 43.0672: If the Council decides to consider annexation of an area, the Council must first negotiate and enter into a written service agreement for the provisions of municipal services in the area. [note: there is no statutory time period in which to complete this action].
The written service agreement must include:
(1) a list of each service the municipality will provide on the effective date of the annexation; and
(2) a schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation.
The municipality is not required to provide a service that is not included in the agreement.
LGC 43.0673/43.905/43.9051: Before the Council adopts an ordinance annexing an area, the Council must conduct one public hearing. At least 10 days and no more than 20 days in advance of the public hearing, the City must publish notice in the newspaper, post on the City's website and send notice to school district and each public entity that provides services to the area.
LGC 43.0673: Council may adopt an annexation ordinance at conclusion of the hearing.
THE ALTERNATIVES CONSIDERED:
The City Council has two alternatives:
§ elect not to annex the area; or
§ direct the City Manager to negotiate and execute a written service agreement that provides for the extension of full municipal services to the area to be annexed.
Which alternative is recommended? Why? Staff recommends that the City Council either 1) elect not to annex the area or 2) direct the City Manager to negotiate and execute a written service agreement. If City Council directs the City Manager to negotiate and execute a written service agreement, the annexation process outlined above regarding notice, a public hearing, and consideration of an annexation ordinance will continue.
CONFORMITY TO CITY POLICY:
The request for voluntary annexation conforms with state law.
FINANCIAL IMPACT:
What is the amount of the expenditure in the current fiscal year? For future years?
If directed to prepare a written service agreement, staff will assess the fiscal impacts of the petition and present that information to the Council.
Is this a one-time or recurring expenditure?
Expenditures related to the extension of municipal services would be a recurring cost.
Is this expenditure budgeted?
It is not budgeted at this time.
If not, where will the money come from?
If the property is annexed, it will be necessary for the money to come from future budget sources.
Is there a sufficient amount in the budgeted line-item for this expenditure?
N/A.
RECOMMENDATION:
Staff recommends that the City Council either 1) elect not to annex the area or 2) direct the City Manager to negotiate and execute a written service agreement that provides for the extension of full municipal services to the area requested to be annexed.
DEPARTMENTAL CLEARANCES:
Legal
ATTACHED SUPPORTING DOCUMENTS:
Petition
Exhibit A
Exhibit B
Maps