SUBJECT
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Public Hearing and Introductory Ordinance altering the boundary limits of the City of Laredo by disannexing a tract of land approximately 288.1 acres, more or less, located at 6902 US Highway 83 South (within Porcion 43, Abstract 45 - south of Mangana-Hein Rd and west of US Highway 83); providing for severability clause, and providing for publication and effective date.
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VIVA LAREDO PLAN ALIGNMENT
Alignment Rating: Weak/None
Supporting goal(s)/policy(ies): No applicable goal or policy identified in the Viva Laredo Comprehensive Plan.
Summary of alignment: The Viva Laredo Comprehensive Plan does not establish a specific goal or policy addressing the disannexation of property from the City's corporate limits. Although Goal 6.5 and Policy 6.5.8 address sustainable water management and the Rio Grande, these provisions do not establish criteria for municipal boundary adjustments. The proposed disannexation is therefore primarily a statutory and jurisdictional action arising from Texas Local Government Code §43.141 rather than an action implementing a specific Comprehensive Plan goal or policy. Accordingly, the item is classified as Weak/None for Comprehensive Plan alignment.
PREVIOUS COUNCIL ACTION
The City of Laredo annexed the 288.1-acre tract in two parts: 26.14 acres on April 15, 1989, under Ordinance 89-O-020, and 262 acres on December 6, 1999, under Ordinance 99-O-350. The City initiated both annexations (unilateral/involuntary annexation), and the Planning and Zoning Commission recommended approval of each.
BACKGROUND
Texas Local Government Code § 43.141, as amended by Senate Bill 1844, allows a majority of property owners in an area to petition a city for disannexation when the area is next to a navigable waterway and the city has not connected most properties in the petition area to its water and wastewater systems. This provision applies regardless of how the area was annexed, provided that other areas of the city are connected to those systems.
The 288.1-acre tract covered by this petition borders the Rio Grande, which the U.S. Army Corps of Engineers considers a navigable waterway. The tract lies within Webb County’s certificated water service area 12704 and sewer service area 20807. The City of Laredo does not provide water or wastewater service to the tract or area.
The tract consists of two Webb County Appraisal District accounts: GEO-IDs 900-90431-003 and 900-90431-010. Their combined appraised value is approximately $20,491, with estimated annual city taxes of $103.70. According to the City of Laredo Tax Office, $5,776.66 in taxes has been paid on the tract since annexation.
Under Texas Local Government Code § 43.141(b), if the City Council does not disannex the area within 60 days after receiving the petition, one or more petition signers may file a lawsuit in the appropriate district court requesting disannexation. Furthermore, the area may not be annexed again within ten (10) years after the date of the annexation nor may the landowners be eligible for a refund of taxes or fees for the area.
COMMITTEE RECOMMENDATION
N/A
STAFF RECOMMENDATION
recommendation
Approval - Pursuant to 89th Texas Legislature Senate Bill 1844.
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Fiscal Impact
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FINANCIAL IMPACT:
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