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HomeMy WebLinkAboutRES 092623-4.D - Release of PetitionRESOLUTION NO. 092(P 2-3 "�.Q A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ("GEORGETOWN") RELEASING APPROXIMATELY 27.348 ACRES OF LAND FROM THE CITY OF GEORGETOWN'S EXTRATERRITORIAL JURISDICTION ("ETJ"), SAID LAND BEING GENERALLY LOCATED SOUTH OF HIGHWAY 195 AND EAST OF THE INTERSECTION WITH RONALD W REAGAN BLVD, WILLIAMSON COUNTY, TEXAS, RESULTING IN A REDUCTION OF GEORGETOWN'S ETJ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 14, 2023, the City of Georgetown, Texas, received a petition requesting release from its ETJ of a 27.348 acre tract of land in the Woodruff Stubblefield Survey (the "Petition"), a true and correct copy of such Petition being attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, pursuant to Subchapter D of Chapter 42 of Local Government Code, landowners or residents may submit a petition seeking release of an area of land from the City's ETJ; and WHEREAS, the City Secretary has reviewed the Petition and confirmed that it meets the requirements of Subchapter D of Chapter 42 of the Local Government Code and the petition requirements of Chapter 277 of the Election Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: SECTION 1. The City Council of the City of Georgetown, Texas ("City Council"), does hereby find that the forgoing recitals are true and correct and adopts the recitals by this reference for all purposes. SECTION 2: The City Council does hereby adjust the boundaries and limits of the ETJ of the City of Georgetown, Texas, such that the ETJ of the City of Georgetown, Texas, shall be and is hereby adjusted to release and remove the Area subject to the Petition, as such Area is more particularly described and depicted in Exhibit B attached hereto and incorporated herein by reference, from the ETJ of the City of Georgetown, Texas. SECTION 3. This Resolution shall take effect immediately upon its passage. Resolution No. M z Zi;-4 Release of Petition Area Page 1 PASSED AND APPROVED by the City Council of the City of Georgetown, Texas, on the 2b dayof .5Wk 4n&—I0a 12023. CI' By: Jos: ATTEST: By: Robyn Dens ore, City Secretary APPROVED AS TO FORM: By: A&- - Skye Massn, _ ►ty Attorney Resolution No. V 126 U - u '-D Release of Petition Area Page 2 Exhibit A Petition Resolution No. Regarding Release of Petition Area Rwris �m- CE.:_ STATE OF TEXAS § COUNTY OF Williamson § City Scf r� r �; PETITION FOR RELEASE FROM EXTIZATERRITORiAL JURISDICTION ("ETJ") AIZEA BY LANDOWNER PURSUANT TO CHAPTER 42.101 SUBCHAPTER I), TEXAS LOCAL GOVERNMENT CODE The undersigned JMA Entity LLC ("Petitioner") hereby petitions the City of Georgetown, Williamson County, Texas (the "Municipality"), to remove the below -described property from the ETJ boundaries of the Municipality as allowed by Texas Local Government Code §42.101, Subchapter D (the "Statute"). The Property is described in the attached Exhibit D" being the Recorded Deed and map to the Property designating such territory which are incorporated herein by reference for all purposes. 1. THE STATUTE APPLIES TO THE PETITIONER'S PROPERTY The Property is not area located: (1) within five miles of the boundary of a military base, as defined by Section 43.0117, at which an active training program is conducted; (2) in an area that was voluntarily annexed into the extraterritorial jurisdiction that is located in a county: (A) in which the population grew by more than 50 percent from the previous federal decennial census in the federal decennial census conducted in 2020; and (B) that has a population greater than 240,000; (3) within the portion of the extraterritorial jurisdiction of a Municipality with a population of more than 1.4 million, that is: (A) within 15 miles of the boundary of a military base, as defined by Section 43.0117, at which an active training program is conducted; and (B) in a county with a population of more than two million; (4) in an area designated as an industrial district under Section 42.044; or (5) in an area subject to a strategic partnership agreement entered into under Section 43.0751. 2. PETITION REQUIREMENTS The petition requesting release under the Statute has been signed by: (1) more than 50 percent of the registered voters of the area described by the petition as of the date of the preceding uniform election date; or (2) a majority in value of the holders of title of land in the area described by the petition, as indicated by the tax rolls of the applicable central appraisal district. (3) All signature requirements under SB 2038 have been satisfied. (4) The petition includes a map of the land to be released and describes the boundaries of the land to be released by (1) metes and bounds or lot/block number if there is a recorded map or plat. Petitioner requests that the Municipality shall immediately release the area from the Municipality's extraterritorial jurisdiction. 4. MUNICIPALITY'S ACTIONS ONCE THE PETITION IS FILED The municipal secretary or other person responsible for verifying signatures shall verify the signatures contained in the Petition and notify the residents and landowners of the area described within this petition of the results of the petition. If a resident or landowner obtains the number of signatures on the petition required under Texas Local Govt. Code Section 42.104, the municipality shall immediately release the area from the municipality's extraterritorial jurisdiction. 3. MUNICIPALITY'S FAILURE TO TAKE ACTION If a Municipality fails to take action to release the Property 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. PETITIONER: Dated September 15, 2023 JMA Entity LLC Signed: di/Ail i By: John uhich — manager By: John Muhich date of birth 8/16/1954 By: John Muhich, 4203 Spinnaker Cove, Austin, TX 78731 Petitioned for ETj Removal GEORGETOWN Hwy 195 28AC 9:3 R Property City limits Georgetown ETJ 0 o zso Soo US Feet