CHICKEN BUCKETS: JUDGE JANET L. LEAL RULES IN FAVOR OF DE-ANNEXATION GROUP!

JUDGE JANET LEAL, 103RD DISTRICT COURT JUDGE, RULED THIS MORNING THAT THE PLAINTIFF (CHARLES E' LEE AND 700 PLUS DEANNEXATION PETITIONERS) HAVE STANDING TO MOVE FORWARD WITH LAWSUIT AGAINST THE DEFENDANT (CITY OF HARLINGEN) FOR THEIR ILLEGAL ATTEMPT TO RE-ANNEX LAND THAT THE HARLINGEN CITY COMMISSION DEANNEXED ON DECEMBER 1, 2011. "THIS IS A MAJOR VICTORY FOR THE LITTLE GUY FIGHTING BIG GOVERNMENT TYRANNY," SAID LEGAL ANALYST MORT SYPRISS.

JURISDICTION AND VENUE

4. Jurisdiction is proper in the District Courts of Cameron County, Texas, pursuant to Texas Local Government Code Section 43.141 (b).

5. Venue is proper in the District Courts of Cameron County, Texas, pursuant to Texas Local Government Code Section 43.141 (b).

6. Plaintiff has standing to bring this action as signer of the Petition because the governing body of the City has failed to disannex the area within 60 days after the date of receipt of the Petition, as well as for other grounds related to the denial of Plaintiffs rights.

HERE ARE THE TWO LAWS THE CITIZENS OF THE WEST-SIDE ANNEXED AREA FOLLOWED WHEN WE GATHERED OUR PETITION NAMES AND DID WHAT THE LAW SAID. WE TURNED IN THE PETITION TO THE CITY AND THE CITY DID NOTHING WITH IT FROM MAY 10, 2010-JULY 22, 2010 (WAY OVER THE 60 DAY LIMIT ALLOWED BY 43.141 (b) BELOW) SO, WE DID WHAT THE LAW SAID TO DO, WE FILED A LAWSUIT IN DISTRICT COURT. THE CITY THEN GOT THE LAWSUIT MOVED INTO FEDERAL COURT FOR OVER ONE YEAR. WE FINALLY GOT IT MOVED BACK INTO DISTRICT COURT WHERE WE ORIGINALLY FILED IN DECEMBER OF 2011 AND WHERE IT BELONGED (43.141 {b})

TEX LG. CODE ANN. § 43.142 : Texas Statutes - Section 43.142: DISANNEXATION ACCORDING TO MUNICIPAL CHARTER IN HOME-RULE MUNICIPALITY

A home-rule municipality may disannex an area in the municipality according to rules as may be provided by the charter of the municipality and not inconsistent with the procedural rules prescribed by this chapter.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

TEX LG. CODE ANN. § 43.141 : Texas Statutes - Section 43.141: DISANNEXATION FOR FAILURE TO PROVIDE SERVICES

(a) A majority of the qualified voters of an annexed area may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide services or to cause services to be provided to the area within the period specified by Section 43.056 or by the service plan prepared for the area under that section.

(b) If the governing body fails or refuses to disannex the area within 60 days after the date of the receipt of the petition, any one or more of the signers of the petition may bring a cause of action in a district court of the county in which the area is principally located to request that the area be disannexed. On the filing of an answer by the governing body, and on application of either party, the case shall be advanced and heard without further delay in accordance with the Texas Rules of Civil Procedure. The district court shall enter an order disannexing the area if the court finds that a valid petition was filed with the municipality and that the municipality failed to perform its obligations in accordance with the service plan or failed to perform in good faith.

(c) If the area is disannexed under this section, it may not be annexed again within 10 years after the date of the disannexation.

(d) The petition for disannexation must:

(1) be written;

(2) request the disannexation;

(3) be signed in ink or indelible pencil by the appropriate voters;

(4) be signed by each voter as that person's name appears on the most recent official list of registered voters;

(5) contain a note made by each voter stating the person's residence address and the precinct number and voter registration number that appear on the person's voter registration certificate;

(6) describe the area to be disannexed and have a plat or other likeness of the area attached; and

(7) be presented to the secretary of the municipality.

(e) The signatures to the petition need not be appended to one paper.

(f) Before the petition is circulated among the voters, notice of the petition must be given by posting a copy of the petition for 10 days in three public places in the annexed area and by publishing a copy of the petition once in a newspaper of general circulation serving the area before the 15th day before the date the petition is first circulated. Proof of the posting and publication must be made by attaching to the petition presented to the secretary:

(1) the sworn affidavit of any voter who signed the petition, stating the places and dates of the posting; and

(2) the sworn affidavit of the publisher of the newspaper in which the notice was published, stating the name of the newspaper and the issue and date of publication.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1999, 76th Leg., ch. 1167, Sec. 14, eff. Sept. 1, 1999.

CITY OF HARLINGEN ORDINANCES PASSED ON THE ANNEXATION ISSUE

ORD. NO

DESCRIPTION

1^ST READING

2^ND READING

DATE OF

APPROVAL

ORDINANCE 12-01 REPEALING AND RESCINDING ORDINANCE 11-44

12-01

Ordinance Repealing and Rescinding Ordinance No. 11-44 relating to the disannexation of a parcel of land described as 1,039+/- acres comprised of these two tracts of land:
Tract 1: Tract containing 392+/- acres of land generally bounded on the North by Druary Lane and Brennaman Road, on the East of Stuart Place Road, on the South by Garrett Road and the West by Baker Potts Road; and
Tract 2: Tract of land containing 647+/- acres of land generally bounded on the North by Wilson Road, on the West by Altas Palmas Road, on the South by Orange Drive and Queen Sago Drive and on the East by Stuart Place Road.

12/27/11

01/09/12

ORDINANCE 11-44 TO DISANNEX AREA ANNEXED BY ORDINANCE 08-65

11-44

An ordinance of the City of Harlingen, Texas to disannex all of the territory previously annexed under City of Harlingen Ordinance No. 08-65 consisting of a parcel of land described as 1,309 acres comprised of these two tracts of land: Tract 1: A tract containing 392 acres of land generally bounded on the north by Drury Lane and Brennaman Road, on the East of Stuart Place Road, on the South by Garrett Road and on the west by Baker Potts Road; and Tract 2: A tract of land containing 647 acres of land generally bounded on the North by Wilson Road, on the west by Altas Palmas Road, on the south by Orange Drive and Queen Sago Drive and on the east by Stuart Place Road; Said ordinance to become effective December 1, 2011; providing for publication; providing a savings clause; and ordaining other matters pertaining to the foregoing.

09/21/11

10/05/11

ORIGINAL ORDINANCE 08-65 TO ANNEX AREA

08-65

Annexation of 1,039+ acres of land comprised of the following:
Tract 1: A tract of land containing 392+ acres of land generally bounded on the north by Drury Lane and Brennaman Roads, on the east of Stuart Place Road, on the south by Garrett Road and on the west by Baker Potts Roads.Tract 2: A tract of land containing 647+ acres of land generally bound on the north by Wilson Road, on the west by Altas Palmas Road, on the south by Orange Drive and Queen Sago Drive and on the east by Stuart Place Road.

11/5/08

11/19/08

DE-ANNEX NOW HOMEPAGE