(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. Local 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. Local Gov’t Code Chapter 42, as amended, and Tex. Elections 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;
(3) To permit the City Secretary to verify the petition, the petition of a corporate owner must be accompanied by the following:
(a) Date of birth of the signor;
(b) Personal residence address of the signor;
(c) Business entity’s certificate of good standing from the Texas Secretary of State;
(d) Business entity’s articles of incorporation, certificate of formation, partnership agreement, or other corporate formation document;
(e) Business entity’s bylaws; and
(f) Resolution of the business entity authorizing the petition for release be executed and filed by the entity representative; and
(4) The petition must be accompanied by a fee of $300. The petition shall not be deemed complete or filed, and shall not be processed, without payment of such fee.
(C) Upon receipt of a filed petition, the city must verify the petition. 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, 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 the Tex. Election Code and Tex. Local 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. Local 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. Local Gov’t Code Ch 42.
(Ord. OR-2356-24, passed 4-8-24)