WA9401-CS 93012601-26-93 0~:32~
954 3334
0 C JACKSON KIRK TO CITY OF COPPELL
FR M NI HOLS
LAWRENCE w. JACKSON
TIM KIRN,
ROBERT L. DILLARD III
ROBERT D. HEMPHILL
H, LOUIS NICHOLS
NICHOLS, JACKSON, KIRK & DILLARD
(Formerly Sallinler, Nichols, Jackson, Kirk & Dillard)
Attornw~ & Counsolor~ at Law
XS~O Li~co~ Plua
500 ~T. Akard
Dallas, Texas 75201
(a14) 954-3338
Facsin~e (2X4) 954-8884
January 26, 1993
TELECOPY (FAX) TRANSMISSION LETTER, Deliver To:
Mr. Kenneth M. Griffin
City Engineer
Coppell, Texas
FAX NO. 393-0948
Number of Pages: 4
Re:
Service Plan Annexation Ordinance 86-368
Dear Ken:
Attached is the law in effect at the time of the annexation of the tract that lncluded
the Longbranch property.
You will note that although the statute says that the service plan shaft include e
program for capital improvements necessary for provlcllng "municipal services" to the
area, it also says in C.(1) that "it is not the intent of the act to require that a uniform level
of services be provided to all areas of the city where differing characteristics of
topography, land utilization, and population density are considered as a sufficient bases
for providing differing service levels."
Section F provides that disannexation Is the only remedy where fie city fails to
provide the services "in accordance with the service plan." At the time of the public
hearing on the annexation there was no objection to the service plan that was adopted
and this is the plan the c'~/must follow.
Also, you will note that the procedure for requesting disannexation for failure to
follow the service plan provides that a majority of the "qualified voters" residing in the area
may petition the city to disannex the annexed area. It would therefore, appear that the
primary intent of the service plan is to provide populated areas a remedy in the event a
city fails to provide persons living on the land with services agreed to in the annexation
service plan. Following the same interpretation the failure to give this right of
disannexation to areas not occupied by persons residing on the land would indicate that
the service plan provision was not intended to apply to property occupied only by
01-26-93 04:32PM FROM NICHOLS JACKSON KIRK TO CITY OF COPFELL
commercial activities. The track that includes the Longbranch property has no quelffied
voter residing thereon to sign e petition requesting disannexation.
At the annexation public hearing the property owners were content to have the
service plan provide that "extension of water and sewer into the area will be done in
accordance with city ordinances, policies and regulations as development, improvement
or construction commences within the area and in accordance with cry policy as to city
participation." The ordinances and policy of the city In this regard are those established
for the most part in the subdivision ordinance. It has been the policy of the city that the
language of the statute, to wit:
"it iS not the intent of the act to require that a uniform level of services be
provided to all areas of the city where differing characteristics of
topography, land utilization, and population density are considered as a
suffident bases for providing differing service levels"
does not require the city to extend a water line or a sewer line out to the edge of the city
for the sole benefit of a commercial activity what wishes to operate there because land
there is less expensive than land where these service are already available.
Very truly yours,
cc: Alan Ratlift
By ence W. ~
FROM NIGEOLS JACKSON KiRK 'T'O Gi'T'Y OF GOPPELL P003/004
CXTXSS, ~'OWSS AND VXLLACES '. Art.' 970a'
· Co).The provisions of this Act !imitinl~ the amount of territory a city may s~ex in a
calendar year do not apply to an annexation covered by this Section. Territory may. be
annexed under this Section without the consent of the owners or residents of the annexed
area. . ' ~ o' · .·,.- : ,. +.1:': ~,',:'.
(c) The' annexation of territory o. utside the extraterritorial jurisdiction Of the annexing
ci~-y under thl8 Section doea not .expand t~e extrat~rritorial jurlsdic~ion d the annexing
city.- .-.. ........ :
Sac. 7b added by Acts 1979, 66th Leg., p. 1986, ~,b. 782, I 1, elf. Aug. ~]', 1979. "'. :. .' ~ .... - !-
· 't , ,, ,: ,. ,~ I.,
% ' ' '. J)¢titlOB [or altlllxafil~li or Ilrvicll ~ .. . .L.... r.
Se~ 9. The petition for annexation provide~ Jot in 8uhsecUon A of Section 8 of this
Article and the petition requesting the availability of services provided for in Subsection B
of Section 8 of this Article shall be made by the voters and isndowners signing and
p. resenting to th~ cit,V secretary or clerk a ~?rltten petit[on requesting lmnexatiox; or'-
reqtiesting suc~ Setpaces. The signatures to the l~etition. need not be appehded-to
paper, but each signer sh~ll sign his or her name in ink or indelible pencil, and each signer
:~fPjta? the petition as a voter shal} sign h~s or her nsme as it appears on the most recent
list of registered voters and each voter shall note on such petition his or her
rsnide'nce address and the precinct number and voter registration number that appear on
his or her voter registration certificate. Each landowner signing the petition shall note
thereon opposite his or her name the approximate total acresge he or she owns within the
· territory~: The petition shall describe the territory to be annexed or the territory to which
such services are re.c~uested to be made available and have attached to it s plst of the
territory. Prior to ~rculating the petition for annexation or such services among the
· voters and landbwners, .notice of the petition shall be given by means of posting. for ten
(10) days a copy of the petition in three (3) public places in the territory and by publishing
it for one (1) issue in a newspaper of general circulation serving the territory at least
fifteen (15) days prior to the circulation of the petition. '. Proof of posting and publication
of the notice shall be made by attaching to the petition presented to the city seerstax7 or
clerk: (1} the sworn affidavit Of an~ voter who signed the petition, stating the places
where and the dates when the petition was posted;' and (~). the' sworn affidavit'of ths
ublisherd the newspaper settin forth the name of the newspaper and the issue and
ate when the notice was publishe~; (3) in addition, 'there shall be attached ~o. the. petition.
the sworn affidavit of three (~} or more voters signing the petition, If thers be that many;
stating the ~otel number of voters residing in the;territory and the approximate total
acrsage.withinthetorr~tory. . .::' '... !:::;. : ,.;::: .4.' :.~,.. ,..': ..: :: .L:.,.,-
Sec. 9 amended by Aets 1981, 6'/th Leg., p. 8141, oh. 82'/,.§ S; '~ff. Aug;.' 81,~li~L,: '..'A:f;~; ·
.(~. ::'.,..',.': ~., ~ :..:.'..,.: .b-
..... Disannexation i: · '-;:.s 'T.~ .:.' ..... ~ . · .." ''~' ' '
'S~e~ 1~;- JL Prior- to the 'publiCation of notic~ of a h~.rlng rsq irsd rider ~[~n .~
this Act, the governin body of the city proposing the annexation shall direct its planning
or other a ropriste ~e~artment to ])repare a service plan that provides for the ~xt~nsfon
· 0f' munic~PpPa] services into each area to be annexeel.. For ~v of this i$ec 'on,~
roviding services includes having services rovided by shy m~VtK~.~.~r means bv ~v~ich
' (1) s program under which the city will provide police protection, fire prot.eetion,' solid
waste'collection, maintenance of water and waste. water facilities, msintenancer of .roads
and streets (including lighting), the maintenance of parks,.play2~ounds, and,swimmin2: ..
' pools,: and the maintenance of any other publicly owned fscility, buildin2, or service.within
each particular area within sixty (60) days alter the effective date of the annexstion':of '
that particular ales; and .! ' . ...': ' ~ .. -.." '~' :P. '- ~' .:: ,,. :~.:~"," ),:'~,~:t~'. ':
f2) a ~prorram under which the citY will initiate the sc~iuisiti0n or instruction ~f shy
capital xhl~rovemeBts necess..aV for providin munici zl services for. ~e articular area; '
· nil UOn' of tl'je'parti iar annexed area.' nd ~le a isitjon. r ,s ~tion ~f .':he
45 ...
01-26-93 04:32PM
FROM NICHOLS JACKSON KIRK
70 CITY OF COPFELL
P004/004
,.ArtiY 970a errlEa, TOWSS ,led VlLLAGI~S
~ua~K ~ ~e ~wsa, duties, use~, ad obligation of consedation ~nd rechmsfion
d~, ~ may ~ su~o~zed or ~uired by law, No moneys' revived from ~e
~nds Or ~iden~d by o~ ~s~men~ of jndsb~dness may be alloa~d ~ ~e snnaed
for s ~rlod of one hund~ and eighty (1~) dsys,
(1) In no event s~i s se~i~ '~m ~de fewer se~ku or ~ lower level
se~s ~ ~e ms ~ ~ annexed n wen' in ex~n~ tn ~s~ ares st
imm~xs~ pre~oxn ~e ~n~x~on. fiowev~, it m not ~e tn~nt of ~is Act ~ ~ui~
a un~ leveler se~ be rov~ed ~ ~ll ~e~ of ~0 ~ whe~ dfffer~~
~nshed ~ limit or ~al ~om~aJ, c~amr prOvfslons providing for annexx~on
liml~ pu~s~ o~er ~ ad u]o~m ~a~on. . .
7'e~t ofxubd. (~) ~yJ~ecti~e until. Yun~ I, 1~8;' " ' ':"
' k2) NoS/~s~mnS ~y om~ provision of ~is Act, no ~ty may amend
au~o~ ann~oa for limited pu¢oses. Prodded, further, ~e area of a ci~'s
a~~ jurisdiction m~ not be ~tended by any annexa~ons except for full
pu~es. :. ~'.
(8) Subdi~islon (2) of ~is sub~ctjon exp~u Ju~e 1, 1987. . t · . ...
- D. 'In ~e event ~st only s pa~ of ~e a~a ~ be annexed is =ctually anexe~, the
gove~Ing b~y sh~ll d~ect i~ planning or o~er app~prjate .departcut
revised s~ia pl~ for ~e p~t actually ~ be ~nexed. . .
E. ~e p~ed se~i~ pin shall be m~e available for inspection and expjMned ~.
~e Jnhabi~n~ of ~e area ~ be annexed xt ~e public hearings held under Se~on 6
~is Ac~ ~e pl~ ma~ be amended ~uZh neZo~aHon at ~ose he~n2s but cannot
have p~on of any a~ice dele~d from i~ On ~e ~mple~on of ~e public hearicEs,
the sepia pl~ shall ~ a~ched ~ ~e ordnance annexing the area and approved
of ~at o~intn~. On a~prov~ by the ~overnln2 body of ~e annainS city, the pl~ sh~l
be ~~ ssx con~a~uai obli2z~on, not subject ~ amendment or ~pul
$ove~nZ'~y deemices zt ~e he~Zs ~quired by ~ 'subsee~on ~at chan2ed
~n~om or subsequent oc~nca make ~e plan unwor~ble or obsole~.' If ~e
o~ees, ~ amended se~ee pl~ shall p~vlde for s~a eompxab]e ~ or bet~
~ ~e ~blished in ~e ae~ice plan before amendme~ and before .any amendment
~ adop~, ~e ~v~ning b~y must ~t Fovide an op~uni~ for all inbreed'
~mns w ~ hu~ at public hedge cMled ~ held tn the mann~ p~vided
of ~ Act. ~e plus shah be valid for '~n (10) ye~s. Ren~ e~ll ~ at ~e
disaaon of ~e
r. ~m and af~ ~e effecU~e de, of ~i, AC~ any ctt~ a~n~;~ 'a a~cu~
se~ce' ~sn u~d under ~ Section. In ~e event a ~ fails 'or ~Xus~ ~ ~ov~e or
are, or in .~ Act, a maiority of file o Ix vo~rs restdin wl~ su~
,,ex~ ,~ ~, ,UUo, me S,,--i- ~ oz such tit ~ ~muna sun. ~cUl~
sn~x~ a ~ouid ~e 2everuing b~y Z~ csty IZ{ 0r r~use w ~mannex su~
pa~iar unasd am wf~in sh~ (60) ~s ~r rec~pt of a ulid petition, ~y ~ne or
m~ of ~e ,~a of su~ ~~on may file' in x dis~[~ cou~ in ~e ~un~ ~ w~ su~
a~a~ am is ~n~pally ~d In action reques~g ~at ~e p~fic~ar ~n~ed ~ea
~ dbannex~. Upon ~e ~[ng of an uw~ in such ~e by ~e g~embg body of ~e-
sae~g.d~, ud u~n appll~fion of eider ~y, ~e ~e shall be advan~d and hes~
'M~out ~r ~Ia , all in accordance ~ ~e Tern Rules oI CivR P~eedur,.
b~nK of ~e me, ~ ~ ~s~ct ~u~ fin~ that a vslid ~fi~on wu' fded wi~ ~e
and ~st ~e ci~ f~led ~ pe~om 1~ obllgsfio~ tn a~ordance wl~ a. se~ pl~ or
fMled ~ ~om ~ g~d fai~, it shall en~r a order. ~a~ng such p~fia~.
annned s~ - ; - - .. · '.. .-
G." ~'any su~ s~a b d~annexed under this'Section, it shsll not qaln be ~nex~
~n fi~ (~) ~ of such disannexation, and, if it ~ a~in anna~ wi~in se~n;
46