Title
Consider a memorandum/resolution approving a petition for release from the City of Killeen Extraterritorial Jurisdiction submitted by Monty and Susan Crawford for approximately 19.961 acres out of the W. Allen Survey, Abstract No. 24. The subject property is generally located on the south side of F.M. 2484, west of the intersection of Brewer Road.
Body
DATE: February 4, 2025
TO: Kent Cagle, City Manager
FROM: Wallis Meshier, Interim Director of Development Services
SUBJECT: Petition requesting release from the Extraterritorial Jurisdiction
BACKGROUND AND FINDINGS:
During the 2023 Legislative Session, the Texas Legislature passed Senate Bill (S.B.) 2038, which amended Texas Local Government Code Chapter 42 to allow the owner(s) of property located within the extraterritorial jurisdiction (ETJ) of a municipality to petition that municipality for release from the ETJ. This amendment became effective on September 1, 2023.
On December 12, 2024, staff received a petition for release from the ETJ from Monty and Susan Crawford, the owners of the subject property. The subject property is approximately 19.961 acres, generally located on the south side of F.M. 2484 and west of the intersection of Brewer Road.
The applicant intends to subdivide the property for purposes of allowing relatives to develop single family homes on the lots.
With the adoption of S.B. 2038, Texas Local Government Code (TLGC) now requires the municipality to release the area from the ETJ if the landowner obtains the required number of signatures on the petition and Sec. 42.104(d) states: “If a municipality fails to take action to release the area […] by the later of the 45th day after the date the municipality receives the petition or the next meeting of the municipality's governing body that occurs after the 30th day after the date the municipality receives the petition, the area is released by operation of law.”
TLGC Sec. 42.023 states that 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.
THE ALTERNATIVES CONSIDERED:
N/A
Which alternative is recommended? Why?
N/A
CONFORMITY TO CITY POLICY:
This item conforms to all applicable City policy.
FINANCIAL IMPACT:
What is the amount of the revenue/expenditure in the current fiscal year? For future years?
This is not applicable.
Is this a one-time or recurring revenue/expenditure?
This is not applicable.
Is this revenue/expenditure budgeted?
This is not applicable.
If not, where will the money come from?
This is not applicable.
Is there a sufficient amount in the budgeted line-item for this revenue/expenditure?
This is not applicable.
RECOMMENDATION:
Staff recommends that the City Council approve the petition requesting release from the ETJ in accordance with Chapter 42 of the Texas Local Government Code.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by Planning and Legal staff.
ATTACHED SUPPORTING DOCUMENTS:
Request
Petition
Maps
Deed
Presentation