Petitions for release.
(A) A petition for release or a petition to hold an election for release from the city's extraterritorial jurisdiction may be filed by a resident or land owner within the extraterritorial jurisdiction, as provided by Tex. Loc. Gov't Code Ch. 42, as amended.
(B) A petition either for release or requesting an election is considered filed when it meets the following requirements:
(1) The petition must comply with the signature requirements of Tex. Loc. Gov't Code Ch. 42, as amended, and Tex. Election Code Ch. 277, as amended;
(2) The petition must include a map of the land to be released and describe the boundaries of the land by either:
(a) Metes and bounds; or
(b) Lot and block number, if there is a recorded map or plat; and
(3) The petition must include a notarized signature by more than 50% of all owners or registered voters within the area to be released; and
(4) If property is owned by an entity, estate, trust, or other organization - the petition must be accompanied by the following:
(a) Date of birth of the signer;
(b) Personal residence address of the signer;
(c) The entity, estate, trust, or organization's Certificate of Good Standing from the Texas Secretary of State, as applicable;
(d) The entity, estate, trust, or organization's articles of incorporation, certificate of formation, partnership agreement, or other formation document;
(e) The entity, estate, trust, or organization's bylaws;
(f) Resolution of the entity, estate, trust, or organization authorizing the petition for release be executed and filed by the entity representative on behalf of the entity, estate, trust, or organization; and
(5) If current ownership differs from data available on the Appraisal District website, the petition must include deed(s) as proof of ownership;
(6) The petition must include the owner's signature acknowledging the following in the following form: Owner of the property acknowledges that with the submittal of this petition, that they may no longer assume they will have the ability to receive City of Cleburne utility or emergency services for the property being removed for the extraterritorial jurisdiction (ETJ) of the City of Cleburne. This petition may also trigger CCN discountenance efforts by the City of Cleburne; and
(7) The petition must include the property owner's signature lawfully sworn to before a notary, accompanied by property tax identification number(s) and physical address.
(8) The petition must be accompanied by a $200 fee.
(C) Upon receipt of a petition, the city must verify the petition.
(1) The city shall notify the resident and landowners of the area described by the petition of its results. This may be satisfied by notifying the party who filed the petition.
(D) If the petition for release contains the requisite number of signatures and documents, the petition is considered filed and the city shall release the area from its extraterritorial jurisdiction by the later of the forty-fifth day after the date the petition was filed or the next meeting of the City Council that occurs after the thirtieth date after the petition was filed.
(E) If the resident or landowner submits a verified petition to hold an election for release, the city may either:
(1) Voluntarily release the area for which the election is to be held from the city's extraterritorial jurisdiction before the date on which the election would have been held; or
(2) Order an election for release, which must comply with Texas Election Code and Tex. Loc. Gov't Code Ch. 42, as amended.
(F) This section does not apply to the following properties in the extraterritorial jurisdiction:
(1) In an area designated as an Industrial District under Tex. Loc. Gov't Code § 42.044, as amended;
(2) In an area subject to a strategic partnership agreement with the city; or
(3) Any other exceptions to release of an area by petition of a landowner or resident as described by Tex. Loc. Gov't Code Ch. 42.
(Ord. 03-2024-14, passed 3-12-24)