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Consider a memorandum/resolution approving a petition submitted by James Rich, requesting release from the City of Killeen Extraterritorial Jurisdiction (ETJ) for approximately 6.5 acres of land being Lots 3 and 4, Block 1, out of D.W. Wallace Addition. The subject properties are generally located southwest of the intersection of Farm-to-Market Highway No. 2484 and Brewer Road, Salado, Texas.
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DATE: June 2, 2026
TO: Kent Cagle, City Manager
FROM: Wallis Meshier, Exec. Dir. Of Dev. Serv.
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 (TLGC) 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 April 29, 2026, staff received a petition for release from the ETJ from James Rich, the owner of the subject properties.
With the adoption of S.B. 2038, TLGC Chapter 42 now requires the municipality to release the area from the ETJ if the landowner obtains the required number of signatures on the petition. Furthermore, TLGC 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 provides 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:
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