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File #: PH-24-006    Version: 1 Name: DA23-01
Type: Ordinance/Public Hearing Status: Passed
File created: 1/29/2024 In control: City Council
On agenda: 2/27/2024 Final action: 2/27/2024
Title: HOLD a public hearing and consider an ordinance amending the corporate City limits of the City of Killeen, Bell County, Texas (DA23-01) by disannexing approximately 5.91 acres out of the W. H. Bruce Survey, Abstract No. 1296, being locally addressed as 13311 F.M. 2484, Salado, Texas; declaring said land to no longer be a part of the City of Killeen
Sponsors: Development Services
Attachments: 1. Maps, 2. Petition for Disannexation, 3. Ordinance, 4. Presentation

Title

 

HOLD a public hearing and consider an ordinance amending the corporate City limits of the City of Killeen, Bell County, Texas (DA23-01) by disannexing approximately 5.91 acres out of the W. H. Bruce Survey, Abstract No. 1296, being locally addressed as 13311 F.M. 2484, Salado, Texas; declaring said land to no longer be a part of the City of Killeen

 

Body

 

DATE:                     February 20, 2024                     

 

TO:                     Kent Cagle, City Manager                     

 

FROM:                     Edwin Revell, Exec. Dir. of Planning & Dev. Services                     

 

SUBJECT:                     Petition for disannexation of approximately 5.91 acres of land, locally addressed as 13311 F.M. 2484, Salado, Texas.                     

 

BACKGROUND AND FINDINGS:

 

On November 29th, 2023, staff received a petition for disannexation from Drs. Justin and Kristine Prince for approximately 5.91 acres out of the W. H. Bruce Survey, Abstract 1296. The property is generally located on the south side of F.M. 2484, west of the intersection with Tres Jack Road, and is locally addressed as 13311 F.M. 2484, Salado, Texas.  The subject property was annexed into the City of Killeen on January 27, 2008, via Ordinance No. 07-112, as part of a larger annexation.  The property is currently zoned “A” (Agricultural District) and is unplatted with two small agricultural outbuildings located on the property.  The property is not contiguous to the larger existing city limits of Killeen, and the City of Killeen does not provide the subject property with any municipal services.

 

Sec. 42.142 of the Texas Local Government Code provides that a home-rule municipality may disannex an area in the municipality according to rules as may be provided by the charter of the municipality.  Section 7 of the City Charter provides that the City Council shall have power, by ordinance, to fix and extend the boundaries of Killeen and to exchange area with other municipalities, with or without the consent of the territory and inhabitants annexed or relinquished. Upon the introduction of such ordinance by the City Council, the procedures for disannexation set forth by state law shall be followed, as found in Chapter 43, Local Government Code, and as may hereafter be amended. Once disannexed, the territory and inhabitants shall not be a part of Killeen and shall not be entitled to the rights and privileges or bounds by the acts, ordinances, resolutions, and regulations of Killeen.

 

THE ALTERNATIVES CONSIDERED:

 

N/A

 

Which alternative is recommended? Why?

 

Staff recommends that the City Council approve the disannexation ordinance.

 

Staff finds that relinquishing the subject area from the City’s jurisdiction is in the best interest of both the property owners and the City.  The provision of future municipal services in this area would likely result in a financial strain on various City departments and resources.

 

CONFORMITY TO CITY POLICY:

 

The disannexation conforms to City policy.

 

FINANCIAL IMPACT:

 

What is the amount of the revenue/expenditure in the current fiscal year? For future years?

 

The disannexation petition does not involve the expenditure of City funds.

 

Is this a one-time or recurring revenue/expenditure?

 

This is not applicable.

 

Is this revenue/expenditure budgeted?

 

The disannexation petition does not involve the expenditure of City funds.

 

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 the City Council approve the disannexation ordinance as presented.

 

DEPARTMENTAL CLEARANCES:

 

This item has been reviewed by Planning and Legal staff.

 

ATTACHED SUPPORTING DOCUMENTS:

 

Maps

Petition for Disannexation

Ordinance

Presentation