VIOLATING PEOPLE'S RIGHTS BECOMES COMMONPLACE FOR PREPEJCHAL!

NOTICE:
A $10,000 CAMPAIGN WAR-CHEST REWARD HAS BEEN POSTED FOR A QUALIFIED VIABLE CANDIDATE TO COME FORWARD AND RUN IN THE HARLINGEN CITY COMMISSION DISTRICT 4 RACE THIS YEAR!

USEFUL IDIOT-DISTRICT 4 APPOINTED COMMISSIONER (UN-ELECTED) JERRY PREPEJCHAL
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AS OF DECEMBER 1, 2011, THE WEST SIDE RESIDENTS OF THE NOVEMBER 19, 2008 ANNEXED AREA ARE NOT PART OF HARLINGEN, TEXAS AND HARLINGEN CITY LAWS (OTHER THAN EXTRA TERRITORIAL JURISDICTION LAWS) DO NOT APPLY IN UNINCORPORATED PORTIONS OF CAMERON COUNTY!

NEVER IN THE HISTORY OF TEXAS HAS A HOME RULE CITY VIOLATED THE RIGHTS OF COUNTY CITIZEN’S LIKE HARLINGEN, TEXAS HAS VIOLATED OUR RIGHTS!

ON DECEMBER 27, 2011 THE CITY OF HARLINGEN TOOK IT’S FIRST VOTE TO RE-ANNEX  THE WEST SIDE LAND THAT THEY DE-ANNEXED ON OCTOBER 5, 2011 (THIS DE-ANNEXATION TOOK EFFECT DECEMBER 1, 2011-PRIOR TO THE ILLEGAL VOTES ON DECEMBER 27 AND JANUARY 9, 2011).  ON JANUARY 9, 2011 THE CITY VOTED THE SECOND TIME TO RE-ANNEX THE WEST SIDE LAND.  APPOINTED DISTRICT CITY COMMISSIONER JERRY PREPEJCHAL(HE HAS NEVER RECEIVED ONE VOTE AND WAS NOT ELECTED TO  HIS POSITION) MADE A STATEMENT PRIOR TO THE FIRST VOTE WHICH IS PART OF THE RECORD OF THIS ILLEGAL VOTE.  HE SAID, “I TOOK AN OATH TO UPHOLD THE CONSTITUTION AND THE LAWS OF THIS STATE AND BY MY VOTE TODAY I WILL FULFILL THAT PROMISE.”   BELOW YOU WILL FIND A LIST OF THE STATE LAWS PREPEJCHAL VIOLATED WHEN HE CONCOCTED THIS SCHEME AND VOTED TO RE-ANNEX!  THESE LAWS BELOW MUST BE FOLLOWED WHEN AN AREA IS NEWLY ANNEXED.  SINCE THE WEST SIDE WAS LEGALLY DE-ANNEXED AS OF DECEMBER 1, 2011 THE CITY MUST FOLLOW THE LAWS BELOW TO START A NEW ANNEXATION OF THAT AREA.  IT TAKES A MINIMUM OF 3 YEARS TO FOLLOW THESE STATE RULES AND REGULATIONS, NOT 3 WEEKS!

THE CITY MUST NEGOTIATE WITH FARMERS, RANCHERS AND FORESTERS IS AN AREA TO BE ANNEXED PRIOR TO ANNEXATION OR THE CITY CAN'T ANNEX:

Sec. 43.035.  AUTHORITY OF MUNICIPALITY TO ANNEX AREA QUALIFIED FOR AGRICULTURAL OR WILDLIFE MANAGEMENT USE OR AS TIMBER LAND.  (a)  This section applies only to an area:

(1)  eligible to be the subject of a development agreement under Subchapter G, Chapter 212; and

(2)  appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter.

(b)  A municipality may not annex an area to which this section applies unless:

(1)  the municipality offers to make a development agreement with the landowner under Section 212.172 that would:

(A)  guarantee the continuation of the extraterritorial status of the area; and

(B)  authorize the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and

(2)  the landowner declines to make the agreement described by Subdivision (1).

(c)  For purposes of Section 43.021(2) or another law, including a municipal charter or ordinance, relating to municipal authority to annex an area adjacent to the municipality, an area adjacent or contiguous to an area that is the subject of a development agreement described by Subsection (b)(1) is considered adjacent or contiguous to the municipality.

(d)  A provision of a development agreement described by Subsection (b)(1) that restricts or otherwise limits the annexation of all or part of the area that is the subject of the agreement is void if the landowner files any type of subdivision plat or related development document for the area with a governmental entity that has jurisdiction over the area, regardless of how the area is appraised for ad valorem tax purposes.

(e)  A development agreement described by Subsection (b)(1) is not a permit for purposes of Chapter 245.

Added by Acts 2007, 80th Leg., R.S., Ch. 225, Sec. 1, eff. May 25, 2007.

SUBCHAPTER C. ANNEXATION PROCEDURE FOR AREAS ANNEXED UNDER MUNICIPAL ANNEXATION PLAN

THE CITY CANNOT ANNEX WITHOUT AN ANNEXATION PLAN:

Sec. 43.052.  MUNICIPAL ANNEXATION PLAN REQUIRED.  (a)  In this section, "special district" means a municipal utility district, water control and improvement district, or other district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution.

(b)  A municipality may annex an area identified in the annexation plan only as provided by this section.

(c)  A municipality shall prepare an annexation plan that specifically identifies annexations that may occur beginning on the third anniversary of the date the annexation plan is adopted.  The municipality may amend the plan to specifically identify annexations that may occur beginning on the third anniversary of the date the plan is amended.

(d)  At any time during which an area is included in a municipality's annexation plan, a municipal utility district or other special district that will be abolished as a result of the annexation, excluding an emergency services district, in which the area is located may not without consent of the municipality:

(1)  reduce the tax rate applicable to the area if the amount that would remain in the debt service fund after the reduction and after subtracting the amount due for debt service in the following year is less than 25 percent of the debt service requirements for the following year;

(2)  voluntarily transfer an asset without consideration;  or

(3)  enter into a contract for services that extends beyond the three-year annexation plan period other than a contract with another political subdivision for the operation of water, wastewater, and drainage facilities.

(e)  A municipality may amend its annexation plan at any time to remove an area proposed for annexation.  If, before the end of the 18th month after the month an area is included in the three-year annexation cycle, a municipality amends its annexation plan to remove the area, the municipality may not amend the plan to again include the area in its annexation plan until the first anniversary of the date the municipality amended the plan to remove the area.  If, during or after the 18 months after the month an area is included in the three-year annexation cycle, a municipality amends its annexation plan to remove the area, the municipality may not amend the plan to again include the area in its annexation plan until the second anniversary of the date the municipality amended the plan to remove the area.

(f)  Before the 90th day after the date a municipality adopts or amends an annexation plan under this section, the municipality shall give written notice to:

(1)  each property owner in the affected area, as indicated by the appraisal records furnished by the appraisal district for each county in which the affected area is located, that the area has been included in or removed from the municipality's annexation plan;

(2)  each public entity, as defined by Section 43.053, or private entity that provides services in the area proposed for annexation;  and

(3)  each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of-way is in the area proposed for annexation.

(g)  If an area is not removed from the municipality's annexation plan, the annexation of the area under the plan must be completed before the 31st day after the third anniversary of the date the area was included in the annexation plan.  If the annexation is not completed within the period prescribed by this subsection, the municipality may not annex the area proposed for annexation before the fifth anniversary of the last day for completing an annexation under this subsection.

(h)  This section does not apply to an area proposed for annexation if:

(1)  the area contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract;

(2)  the area will be annexed by petition of more than 50 percent of the real property owners in the area proposed for annexation or by vote or petition of the qualified voters or real property owners as provided by Subchapter B;

(3)  the area is or was the subject of:

(A)  an industrial district contract under Section 42.044;  or

(B)  a strategic partnership agreement under Section 43.0751;

(4)  the area is located in a colonia, as that term is defined by Section 2306.581, Government Code;

(5)  the area is annexed under Section 43.026, 43.027, 43.029, or 43.031;

(6)  the area is located completely within the boundaries of a closed military installation;  or

(7)  the municipality determines that the annexation of the area is necessary to protect the area proposed for annexation or the municipality from:

(A)  imminent destruction of property or injury to persons;  or

(B)  a condition or use that constitutes a public or private nuisance as defined by background principles of nuisance and property law of this state.

(i)  A municipality may not circumvent the requirements of this section by proposing to separately annex two or more areas described by Subsection (h)(1) if no reason exists under generally accepted municipal planning principles and practices for separately annexing the areas.  If a municipality proposes to separately annex areas in violation of this section, a person residing or owning land in the area may petition the municipality to include the area in the municipality's annexation plan.  If the municipality fails to take action on the petition, the petitioner may request arbitration of the dispute.  The petitioner must request the appointment of an arbitrator in writing to the municipality.  Sections 43.0564(b), (c), and (e) apply to the appointment of an arbitrator and the conduct of an arbitration proceeding under this subsection.  Except as provided by this subsection, the municipality shall pay the cost of arbitration.  If the arbitrator finds that the petitioner's request for arbitration was groundless or requested in bad faith or for the purposes of harassment, the arbitrator shall require the petitioner to pay the costs of arbitration.

(j)  If a municipality has an Internet website, the municipality shall:

(1)  post and maintain the posting of its annexation plan on its Internet website;

(2)  post and maintain the posting on its Internet website of any amendments to include an area in its annexation plan until the date the area is annexed;  and

(3)  post and maintain the posting on its Internet website of any amendments to remove an area from its annexation plan until the date the municipality may again include the area in its annexation plan.

(k)  Notwithstanding the restrictions imposed by Subsections (e) and (g), under an agreement described by Section 43.0563 a municipality may annex an area for full or limited purposes at any time on petition of the owner of the area for the annexation if the area:

(1)  is in the municipality's annexation plan; or

(2)  was previously in the municipality's annexation plan but removed under Subsection (e).

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1999, 76th Leg., ch. 1167, Sec. 4, eff. Sept. 1, 1999.

Amended by:Acts 2007, 80th Leg., R.S., Ch. 1185, Sec. 1, eff. June 15, 2007.

 THE CITY MUST TAKE AN INVENTORY OF POLICE, FIRE, EMT, PUBLIC BUILDINGS ETC. PRIOR TO ANNEXATION:

Sec. 43.053.  INVENTORY OF SERVICES AND FACILITIES REQUIRED.  (a)  In this section, "public entity" includes a municipality, county, fire protection service provider, including a volunteer fire department, emergency medical services provider, including a volunteer emergency medical services provider, or a special district, as that term is defined by Section 43.052.

(b)  After adopting an annexation plan or amending an annexation plan to include additional areas under Section 43.052, a municipality shall compile a comprehensive inventory of services and facilities provided by public and private entities, directly or by contract, in each area proposed for annexation.  The inventory of services and facilities must include all services and facilities the municipality is required to provide or maintain following the annexation.

(c)  The municipality shall request, in the notice provided under Section 43.052(f), the information necessary to compile the inventory from each public or private entity that provides services or facilities in each area proposed for annexation.  The public or private entity shall provide to the municipality the information held by the entity that is necessary to compile the inventory not later than the 90th day after the date the municipality requests the information unless the entity and the municipality agree to extend the period for providing the information.  The information provided under this subsection must include the type of service provided, the method of service delivery, and all information prescribed by Subsections (e) and (f).  If a service provider fails to provide the required information within the 90-day period, the municipality is not required to include the information in an inventory prepared under this section.

(d)  The information required in the inventory shall be based on the services and facilities provided during the year preceding the date the municipality adopted the annexation plan or amended the annexation plan to include additional areas.

(e)  For utility facilities, roads, drainage structures, and other infrastructure provided or maintained by public or private entities, the inventory must include:

(1)  an engineer's report that describes the physical condition of all infrastructure elements in the area;  and

(2)  a summary of capital, operational, and maintenance expenditures for that infrastructure.

(f)  For police, fire, and emergency medical services provided by public or private entities, the inventory must include for each service:

(1)  the average dispatch and delivery time;

(2)  a schedule of equipment, including vehicles;

(3)  a staffing schedule that discloses the certification and training levels of personnel;  and

(4)  a summary of operating and capital expenditures.

(g)  The municipality shall complete the inventory and make the inventory available for public inspection on or before the 60th day after the date the municipality receives the required information from the service providers under Subsection (c).

(h)  The municipality may monitor the services provided in an area proposed for annexation and verify the inventory information provided by the service provider.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1993, 73rd Leg., ch. 969, Sec. 1, eff. Sept. 1, 1993;  Acts 1999, 76th Leg., ch. 1167, Sec. 4, eff. Sept. 1, 1999.

THE CITY MUST DRAW UP A DRAFT SERVICE PLAN TO PRESENT TO THE PEOPLE FOR CONSIDERATION PRIOR TO ANNEXATION:

Sec. 43.056.  PROVISION OF SERVICES TO ANNEXED AREA.  (a)  Before the first day of the 10th month after the month in which the inventory is prepared as provided by Section 43.053, the municipality proposing the annexation shall complete a service plan that provides for the extension of full municipal services to the area to be annexed.  The municipality shall provide the services by any of the methods by which it extends the services to any other area of the municipality.

(b)  The service plan, which must be completed in the period provided by Subsection (a) before the annexation, must include a program under which the municipality will provide full municipal services in the annexed area no later than 2-1/2 years after the effective date of the annexation, in accordance with Subsection (e), unless certain services cannot reasonably be provided within that period and the municipality proposes a schedule for providing those services, and must include a list of all services required by this section to be provided under the plan.  If the municipality proposes a schedule to extend the period for providing certain services, the schedule must provide for the provision of full municipal services no later than 4-1/2 years after the effective date of the annexation.  However, under the program if the municipality provides any of the following services within the corporate boundaries of the municipality before annexation, the municipality must provide those services in the area proposed for annexation on the effective date of the annexation of the area:

(1)  police protection;

(2)  fire protection;

(3)  emergency medical services;

(4)  solid waste collection, except as provided by Subsection (o);

(5)  operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility;

(6)  operation and maintenance of roads and streets, including road and street lighting;

(7)  operation and maintenance of parks, playgrounds, and swimming pools; and

(8)  operation and maintenance of any other publicly owned facility, building, or service.

(c)  For purposes of this section, "full municipal services" means services provided by the annexing municipality within its full-purpose boundaries, including water and wastewater services and excluding gas or electrical service.

(d)  A municipality with a population of 1.5 million or more may provide all or part of the municipal services required under the service plan by contracting with service providers.  If the municipality owns a water and wastewater utility, the municipality shall, subject to this section, extend water and wastewater service to any annexed area not within the service area of another water or wastewater utility.  If the municipality annexes territory included within the boundaries of a municipal utility district or a water control and improvement district, the municipality shall comply with applicable state law relating to annexation of territory within a municipal utility district or a water control and improvement district.  The service plan shall summarize the service extension policies of the municipal water and wastewater utility.

(e)  The service plan must also include a program under which the municipality will initiate after the effective date of the annexation the acquisition or construction of capital improvements necessary for providing municipal services adequate to serve the area.  The construction shall be substantially completed within the period provided in the service plan.  The service plan may be amended to extend the period for construction if the construction is proceeding with all deliberate speed. The acquisition or construction of the facilities shall be accomplished by purchase, lease, or other contract or by the municipality succeeding to the powers, duties, assets, and obligations of a conservation and reclamation district as authorized or required by law.  The construction of the facilities shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices.  However, the municipality does not violate this subsection if the construction process is interrupted for any reason by circumstances beyond the direct control of the municipality.  The requirement that construction of capital improvements must be substantially completed within the period provided in the service plan does not apply to a development project or proposed development project within an annexed area if the annexation of the area was initiated by petition or request of the owners of land in the annexed area and the municipality and the landowners have subsequently agreed in writing that the development project within that area, because of its size or projected manner of development by the developer, is not reasonably expected to be completed within that period.

(f)  A service plan may not:

(1)  require the creation of another political subdivision;

(2)  require a landowner in the area to fund the capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395 unless otherwise agreed to by the landowner;  or

(3)  provide services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the municipality before annexation.

(g)  If the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the municipality before annexation, a service plan must provide the annexed area with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area.  If the annexed area had a level of services, infrastructure, and infrastructure maintenance equal to the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the municipality before annexation, a service plan must maintain that same level of services, infrastructure, and infrastructure maintenance.  Except as provided by this subsection, if the annexed area had a level of services superior to the level of services provided within the corporate boundaries of the municipality before annexation, a service plan must provide the annexed area with a level of services that is comparable to the level of services available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area.  If the annexed area had a level of services for operating and maintaining the infrastructure of the area, including the facilities described by Subsections (b)(5)-(8), superior to the level of services provided within the corporate boundaries of the municipality before annexation, a service plan must provide for the operation and maintenance of the infrastructure of the annexed area at a level of services that is equal or superior to that level of services.

(h)  A municipality with a population of 1.6 million or more may not impose a fee in the annexed area, over and above ad valorem taxes and fees imposed within the corporate boundaries of the municipality before annexation, to maintain the level of services that existed in the area before annexation.  This subsection does not prohibit the municipality from imposing a fee for a service in the area annexed if the same fee is imposed within the corporate boundaries of the municipality before annexation.

(i)  If only a part of the area to be annexed is actually annexed, the governing body shall direct the department to prepare a revised service plan for that part.

(j)  The proposed service plan must be made available for public inspection and explained to the inhabitants of the area at the public hearings held under Section 43.0561.  The plan may be amended through negotiation at the hearings, but the provision of any service may not be deleted.  On completion of the public hearings, the service plan shall be attached to the ordinance annexing the area and approved as part of the ordinance.

(k)  On approval by the governing body, the service plan is a contractual obligation that is not subject to amendment or repeal except that if the governing body determines at the public hearings required by this subsection that changed conditions or subsequent occurrences make the service plan unworkable or obsolete, the governing body may amend the service plan to conform to the changed conditions or subsequent occurrences.  An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment.  Before any amendment is adopted, the governing body must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.0561.

(l)  A service plan is valid for 10 years.  Renewal of the service plan is at the discretion of the municipality.  A person residing or owning land in an annexed area in a municipality with a population of 1.6 million or more may enforce a service plan by petitioning the municipality for a change in policy or procedures to ensure compliance with the service plan.  If the municipality fails to take action with regard to the petition, the petitioner may request arbitration of the dispute under Section 43.0565.  A person residing or owning land in an annexed area in a municipality with a population of less than 1.6 million may enforce a service plan by applying for a writ of mandamus not later than the second anniversary of the date the person knew or should have known that the municipality was not complying with the service plan.  If a writ of mandamus is applied for, the municipality has the burden of proving that the services have been provided in accordance with the service plan in question.  If a court issues a writ under this subsection, the court:

(1)  must provide the municipality the option of disannexing the area within a reasonable period specified by the court;

(2)  may require the municipality to comply with the service plan in question before a reasonable date specified by the court if the municipality does not disannex the area within the period prescribed by the court under Subdivision (1);

(3)  may require the municipality to refund to the landowners of the annexed area money collected by the municipality from those landowners for services to the area that were not provided;

(4)  may assess a civil penalty against the municipality, to be paid to the state in an amount as justice may require, for the period in which the municipality is not in compliance with the service plan;

(5)  may require the parties to participate in mediation;  and

(6)  may require the municipality to pay the person's costs and reasonable attorney's fees in bringing the action for the writ.

(m)  This section does not require that a uniform level of full municipal services be provided to each area of the municipality if different characteristics of topography, land use, and population density constitute a sufficient basis for providing different levels of service.  Any disputes regarding the level of services provided under this subsection are resolved in the same manner provided by Subsection (l).  Nothing in this subsection modifies the requirement under Subsection (g) for a service plan to provide a level of services in an annexed area that is equal or superior to the level of services provided within the corporate boundaries of the municipality before annexation.  To the extent of any conflict between this subsection and Subsection (g), Subsection (g) prevails.

(n)  Before the second anniversary of the date an area is included within the corporate boundaries of a municipality by annexation, the municipality may not:

(1)  prohibit the collection of solid waste in the area by a privately owned solid waste management service provider;  or

(2)  impose a fee for solid waste management services on a person who continues to use the services of a privately owned solid waste management service provider.

(o)  A municipality is not required to provide solid waste collection services under Subsection (b) to a person who continues to use the services of a privately owned solid waste management service provider as provided by Subsection (n).

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.  Amended by Acts 1989, 71st Leg., ch. 1, Sec. 3(f), eff. Aug. 28, 1989;  Acts 1989, 71st Leg., ch. 822, Sec. 1, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., 1st C.S., ch. 3, Sec. 4.011, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 969, Sec. 2, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 1062, Sec. 1, eff. June 17, 1995;  Acts 1999, 76th Leg., ch. 1167, Sec. 7, eff. Sept. 1, 1999.

Amended by:Acts 2007, 80th Leg., R.S., Ch. 1185, Sec. 2, eff. June 15, 2007.

THE CITY MUST HOLD TWO PUBLIC HEARINGS PRIOR 

TO ANNEXATION OF AN AREA:

Sec. 43.0561.  ANNEXATION HEARING REQUIREMENTS.  (a)  Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard.  The hearings must be conducted not later than the 90th day after the date the inventory is available for inspection.

(b)  At least one of the hearings must be held in the area proposed for annexation if a suitable site is reasonably available and more than 20 adults who are permanent residents of the area file a written protest of the annexation with the secretary of the municipality within 10 days after the date of the publication of the notice required by this section.  The protest must state the name, address, and age of each protester who signs.  If a suitable site is not reasonably available in the area proposed for annexation, the hearing may be held outside the area proposed for annexation if the hearing is held in the nearest suitable public facility.

(c)  The municipality must post notice of the hearings on the municipality's Internet website if the municipality has an Internet website and publish notice of the hearings in a newspaper of general circulation in the municipality and in the area proposed for annexation.  The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing.  The notice for each hearing must be posted on the municipality's Internet website on or after the 20th day but before the 10th day before the date of the hearing and must remain posted until the date of the hearing.  The municipality must give additional notice by certified mail to:

(1)  each public entity, as defined by Section 43.053, and utility service provider that provides services in the area proposed for annexation;  and

(2)  each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of-way is in the area proposed for annexation. 

Added by Acts 1999, 76th Leg., ch. 1167, Sec. 8, eff. Sept. 1, 1999.

THE CITY MUST NEGOTIATE WITH A 5 MEMBER 

COMMITTEE APPOINTED BY THE CAMERON COUNTY 

COMMISSIONERS COURT  THAT APPROVES THE 

SERVICE PLAN PRIOR TO ANNEXATION:

Sec. 43.0562.  NEGOTIATIONS REQUIRED.  (a)  After holding the hearings as provided by Section 43.0561:

(1)  if a municipality has a population of less than 1.6 million, the municipality and the property owners of the area proposed for annexation shall negotiate for the provision of services to the area after annexation or for the provision of services to the area in lieu of annexation under Section 43.0563;  or

(2)  if a municipality proposes to annex a special district, as that term is defined by Section 43.052, the municipality and the governing body of the district shall negotiate for the provision of services to the area after annexation or for the provision of services to the area in lieu of annexation under Section 43.0751.

(b)  For purposes of negotiations under Subsection (a)(1), the commissioners court of the county in which the area proposed for annexation is located shall select five representatives to negotiate with the municipality for the provision of services to the area after annexation.  If the area proposed for annexation is located in more than one county, the commissioners court of the county in which the greatest number of residents reside shall select three representatives to negotiate with the municipality, and the commissioners courts of the remaining counties jointly shall select two representatives to negotiate with the municipality.

(c)  For purposes of negotiations under Subsection (a)(2), if more than one special district is located in the area proposed for annexation, the governing boards of the districts may jointly select five representatives to negotiate with the municipality on behalf of all the affected districts. 

Added by Acts 1999, 76th Leg., ch. 1167, Sec. 8, eff. Sept. 1, 1999.

THE CITY MUST NEGOTIATE FOR SERVICES TO 

ANNEXED AREA IN LIEU OF ANNEXATION:

Sec. 43.0563.  CONTRACTS FOR PROVISION OF SERVICES IN LIEU OF ANNEXATION.  (a)  The governing body of a municipality with a population of less than 1.6 million may negotiate and enter into a written agreement for the provision of services and the funding of the services in an area with:

(1)  representatives designated under Section 43.0562(b), if the area is included in the municipality's annexation plan; or

(2)  an owner of an area within the extraterritorial jurisdiction of the municipality if the area is not included in the municipality's annexation plan.

(a-1)  An agreement under this section may also include an agreement related to permissible land uses and compliance with municipal ordinances.

(b)  An agreement under this section is in lieu of annexation by the municipality of the area.

(c)  In negotiating an agreement under this section, the parties may agree to:

(1)  any term allowed under Section 42.044 or 43.0751, regardless of whether the municipality or the area proposed for annexation would have been able to agree to the term under Section 42.044 or 43.0751;  and

(2)  any other term to which both parties agree to satisfactorily resolve any dispute between the parties, including the creation of any type of special district otherwise allowed by state law. 

Added by Acts 1999, 76th Leg., ch. 1167, Sec. 8, eff. Sept. 1, 1999.

Amended by:Acts 2007, 80th Leg., R.S., Ch. 1185, Sec. 3, eff. June 15, 2007.

THE CITY MUST ENTER INTO ARBITRATION WITH 

ANNEXED AREA RESIDENTS IF SERVICE PLAN CANNOT 

BE AGREED UPON: 

Sec. 43.0564.  ARBITRATION REGARDING NEGOTIATIONS FOR SERVICES.  (a)  If the municipality and the representatives of the area proposed for annexation cannot reach an agreement for the provision of services under Section 43.0562 or if the municipality and the property owner representatives described by Section 43.0563(a)(1) cannot reach an agreement for the provision of services in lieu of annexation under Section 43.0563, either party by majority decision of the party's representatives may request the appointment of an arbitrator to resolve the service plan issues in dispute.  The request must be made in writing to the other party before the 60th day after the date the service plan is completed under Section 43.056.  The municipality may not annex the area under another section of this chapter during the pendency of the arbitration proceeding or an appeal from the arbitrator's decision.

(b)  The parties to the dispute may agree on the appointment of an arbitrator.  If the parties cannot agree on the appointment of an arbitrator before the 11th business day after the date arbitration is requested, the mayor of the municipality shall immediately request a list of seven neutral arbitrators from the American Arbitration Association or the Federal Mediation and Conciliation Service or their successors in function.  An arbitrator included in the list must be a resident of this state and may not be a resident of a county in which any part of the municipality or any part of the district proposed for annexation is located.  The parties to the dispute may agree on the appointment of an arbitrator included in the list.  If the parties cannot agree on the appointment of an arbitrator before the 11th business day after the date the list is provided to the parties, each party or the party's designee may alternately strike a name from the list.  The remaining person on the list shall be appointed as the arbitrator.  In this subsection, "business day" means a day other than a Saturday, Sunday, or state or national holiday.

(c)  The arbitrator shall:

(1)  set a hearing to be held not later than the 10th day after the date the arbitrator is appointed;  and

(2)  notify the parties to the arbitration in writing of the time and place of the hearing not later than the eighth day before the date of the hearing.

(d)  The authority of the arbitrator is limited to issuing a decision relating only to the service plan issues in dispute.

(e)  The arbitrator may:

(1)  receive in evidence any documentary evidence or other information the arbitrator considers relevant;

(2)  administer oaths;  and

(3)  issue subpoenas to require:

(A)  the attendance and testimony of witnesses;  and

(B)  the production of books, records, and other evidence relevant to an issue presented to the arbitrator for determination.

(f)  Unless the parties to the dispute agree otherwise, the arbitrator shall complete the hearing within two consecutive days.  The arbitrator shall permit each party one day to present evidence and other information.  The arbitrator, for good cause shown, may schedule an additional hearing to be held not later than the seventh day after the date of the first hearing.  Unless otherwise agreed to by the parties, the arbitrator must issue a decision in writing and deliver a copy of the decision to the parties not later than the 14th day after the date of the final hearing.

(g)  Either party may appeal any provision of an arbitrator's decision that exceeds the authority granted under Subsection (d) to a district court in a county in which the area proposed for annexation is located.

(h)  If the municipality does not agree with the terms of the arbitrator's decision, the municipality may not annex the area proposed for annexation before the fifth anniversary of the date of the arbitrator's decision.

(i)  Except as provided by this subsection, the municipality shall pay the cost of arbitration.  If the arbitrator finds that the request for arbitration submitted by the representatives of the area proposed for annexation was groundless or requested in bad faith or for the purposes of harassment, the arbitrator may require the area proposed for annexation to pay all or part of the cost of arbitration.

Added by Acts 1999, 76th Leg., ch. 1167, Sec. 8, eff. Sept. 1, 1999.

Amended by:Acts 2007, 80th Leg., R.S., Ch. 1185, Sec. 4, eff. June 15, 2007.

AN ARBITRATOR MUST BE APPOINTED AND CITY MUST 

PROVE COMPLIANCE WITH A SERVICE PLAN:

Sec. 43.0565.  ARBITRATION REGARDING ENFORCEMENT OF SERVICE PLAN.  (a)  A person who requests arbitration as provided by Section 43.056(l) must request the appointment of an arbitrator in writing to the municipality.

(b)  Sections 43.0564(b), (c), and (e) apply to appointment of an arbitrator and the conduct of an arbitration proceeding under this section.

(c)  In an arbitration proceeding under this section, the municipality has the burden of proving that the municipality is in compliance with the service plan requirements.

(d)  If the arbitrator finds that the municipality has not complied with the service plan requirements:

(1)  the municipality may disannex the area before the 31st day after the date the municipality receives a copy of the arbitrator's decision;  and

(2)  the arbitrator may:

(A)  require the municipality to comply with the service plan in question before a reasonable date specified by the arbitrator if the municipality does not disannex the area;

(B)  require the municipality to refund to the landowners of the annexed area money collected by the municipality from those landowners for services to the area that were not provided;  and

(C)  require the municipality to pay the costs of arbitration, including the reasonable attorney's fees and arbitration costs of the person requesting arbitration.

(e)  If the arbitrator finds that the municipality has complied with the service plan requirements, the arbitrator may require the person requesting arbitration to pay all or part of the cost of arbitration, including the reasonable attorney's fees of the municipality. 

Added by Acts 1999, 76th Leg., ch. 1167, Sec. 8, eff. Sept. 1, 1999.

SUBCHAPTER G. DISANNEXATION

THE CITY MUST DISANNEX AN AREA IF A PETITION 

IS PRESENTED TO THE CITY BY RESIDENTS OF 

ANNEXED AREA:

Sec. 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.

THE CITY MUST REFUND TAXES AND FEES COLLECTED DURING ANNEXATION ONCE AN AREA IS DEANNEXED:

Sec. 43.148.  REFUND OF TAXES AND FEES.  (a)  If an area is disannexed, the municipality disannexing the area shall refund to the landowners of the area the amount of money collected by the municipality in property taxes and fees from those landowners during the period that the area was a part of the municipality less the amount of money that the municipality spent for the direct benefit of the area during that period.

(b)  A municipality shall proportionately refund the amount under Subsection (a) to the landowners according to a method to be developed by the municipality that identifies each landowner's approximate pro rata payment of the taxes and fees being refunded.

(c)  A municipality required to refund money under this section shall refund the money to current landowners in the area not later than the 180th day after the date the area is disannexed.  Money that is not refunded within the period prescribed by this subsection accrues interest at the rate of:

(1)  six percent each year after the 180th day and until the 210th day after the date the area is disannexed;  and

(2)  one percent each month after the 210th day after the date the area is disannexed. 

Added by Acts 1999, 76th Leg., ch. 1167, Sec. 15, eff. Sept. 1, 1999.

THE CITY MUST APPLY FOR PRECLEARANCE WITH THE U.S. DEPARTMENT OF JUSTICE TO PROVE FAIRNESS IN VOTING RIGHTS:

Sec. 43.906.  VOTING RIGHTS AFTER ANNEXATION.  (a)  In connection with an annexation or proposed annexation, a municipality shall apply for preclearance under Section 5, Voting Rights Act of 1965 (42 U.S.C. Section 1973c), of any voting change resulting from the annexation or proposed annexation from the United States Department of Justice on the earliest date permitted under federal law.

(b)  Notwithstanding Section 276.006, Election Code, a municipality that annexes an area may not prevent a qualified voter residing in the area from voting in a regularly scheduled municipal election for any reason if the municipality has obtained preclearance of the voting change from the United States Department of Justice. 

Added by Acts 1999, 76th Leg., ch. 1167, Sec. 16, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 402, Sec. 6, eff. Sept. 1, 2001.

THE CITY MUST HONOR SPECIAL LAWS PERTAINING TO COLONIAS WHEN ANNEXING AN AREA:

Sec. 43.907.  EFFECT OF ANNEXATION ON COLONIAS.  (a)  In this section, "colonia" means a geographic area that consists of 11 or more dwellings that are located in close proximity to each other in an area that may be described as a community or neighborhood and that:

(1)  has a majority population composed of individuals and families of low income and very low income, as defined by Section 2306.004, Government Code, and based on the federal Office of Management and Budget poverty index, and that meets the qualifications of an economically distressed area under Section 17.921, Water Code; or

(2)  has the physical and economic characteristics of a colonia, as determined by the Texas Department of Housing and Community Affairs.

(b)  A colonia that is annexed by a municipality remains eligible for five years after the effective date of the annexation to receive any form of assistance for which the colonia would be eligible if the annexation had not occurred. 

Added by Acts 1999, 76th Leg., ch. 218, Sec. 1, eff. Sept. 1, 1999.  Renumbered from Sec. 43.905 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(84), eff. Sept. 1, 2001.

Amended by:Acts 2007, 80th Leg., R.S., Ch. 341, Sec. 18, eff. June 15, 2007.


THESE COMMENTS BY PREPEJCHAL ARE A PERMANENT RECORD OF THE HARLINGEN CITY COMMISSION MINUTES AND CAN BE USED AS EVIDENCE IN A COURT OF LAW:

De-annexation comments of Harlingen City Commissioner Jerry Prepejchal (READ INTO RECORD AT CITY COMMISSION MEETING ON DECEMBER 27, 2011)

December 28, 2011 1:26 PM

I have requested that this agenda for de-annexation be placed back on the agenda. On October 5, 2011 I voted in favor of de-annexation. My vote was based on several considerations. First I believed that should we lose the pending lawsuit under Texas Law the City would be set back 10 years before it could attempt to re-annex the land in question. I believe that the City could within a shorter period of time consider the annexation &given enough time to provide infrastructure and other services.

Second I was concerned of the cost to the City in fighting a costly legal battle, and my understanding then and now is that should the City lose we could be liable for costs and attorney’s fees. I was assured by the de-annexation leadership that they would dismiss the lawsuit and not seek attorney’s fees if the vote for de-annexation was favorable.

After the vote I called on the de-annexation leadership to live up to their word and they failed to do so. A few days ago the City was informed that the Federal Judge ruled in the City’s favor and that the case is now back in State Court. As of today that lawsuit has not been dismissed as promised. In fact the de-annexation leadership has informed us they will continue to go forward with the lawsuit.

Based on these considerations I have asked for the Commission to reconsider its vote to de-annex and I will not vote to uphold the de-annexation. This issue has divided our community, but as of today I will vote to rescind the de-annexation ordinance because it is in the City of Harlingen’s best interest to do so.

As your City Commissioner I expect people to be honest when they make promises to me or anyone on this Commission. When they fail to do so I will not let that go unchallenged. When I was elected Commissioner I took an oath to uphold the Constitution and the Laws of this State and by my vote today I will fulfill that promise. 

(AND THEN HE PROCEEDED TO VIOLATE 15 STATE LAWS BY HIS ACTIONS)

 

THIS IS THE TRUE PUPPET MASTER BEHIND PREPEJCHAL!

BELOW IS THE TEXAS STATE LAW CALLED AN "DECLARATORY JUDGMENT" USED TO STOP ARROGANT CITY COMMISSIONERS AND MAYORS FROM RUN-NING ROUGH SHOD OVER PEOPLES RIGHTS!

TEXAS CIVIL PRACTICE AND REMEDIES CODE

CHAPTER 37. DECLARATORY JUDGMENTS

       § 37.001.  DEFINITION.  In this chapter, 'person' means 

an individual, partnership, joint-stock company, unincorporated 

association or society, or municipal or other corporation of any 

character.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.                    

               § 37.002.  SHORT TITLE, CONSTRUCTION, 

INTERPRETATION.  (a)  This chapter may be cited as the Uniform 

Declaratory Judgments Act.

               (b)  This chapter is remedial;  its purpose is to settle and 

to afford relief from uncertainty and insecurity with respect to 

rights, status, and other legal relations;  and it is to be 

liberally construed and administered.

               (c)  This chapter shall be so interpreted and construed as to 

effectuate its general purpose to make uniform the law of those 

states that enact it and to harmonize, as far as possible, with 

federal laws and regulations on the subject of declaratory 

judgments and decrees.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.                    

               § 37.003.  POWER OF COURTS TO RENDER JUDGMENT;  FORM AND 

EFFECT.  (a)  A court of record within its jurisdiction has power 

to declare rights, status, and other legal relations whether or not 

further relief is or could be claimed.  An action or proceeding is 

not open to objection on the ground that a declaratory judgment or 

decree is prayed for.

               (b)  The declaration may be either affirmative or negative in 

form and effect, and the declaration has the force and effect of a 

final judgment or decree.

               (c)  The enumerations in Sections 37.004 and 37.005 do not 

limit or restrict the exercise of the general powers conferred in 

this section in any proceeding in which declaratory relief is 

sought and a judgment or decree will terminate the controversy or 

remove an uncertainty.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.                    

               § 37.004.  SUBJECT MATTER OF RELIEF.  (a)  A person 

interested under a deed, will, written contract, or other writings 

constituting a contract or whose rights, status, or other legal 

relations are affected by a statute, municipal ordinance, contract, 

or franchise may have determined any question of construction or 

validity arising under the instrument, statute, ordinance, 

contract, or franchise and obtain a declaration of rights, status, 

or other legal relations thereunder.

               (b)  A contract may be construed either before or after there 

has been a breach.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.                    

               § 37.005.  DECLARATIONS RELATING TO TRUST OR ESTATE.  A 

person interested as or through an executor or administrator, 

including an independent executor or administrator, a trustee, 

guardian, other fiduciary, creditor, devisee, legatee, heir, next 

of kin, or cestui que trust in the administration of a trust or of 

the estate of a decedent, an infant, mentally incapacitated person, 

or insolvent may have a declaration of rights or legal relations in 

respect to the trust or estate:

                               (1)  to ascertain any class of creditors, devisees, 

legatees, heirs, next of kin, or others;

                               (2)  to direct the executors, administrators, or 

trustees to do or abstain from doing any particular act in their 

fiduciary capacity;

                               (3)  to determine any question arising in the 

administration of the trust or estate, including questions of 

construction of wills and other writings;  or

                               (4)  to determine rights or legal relations of an 

independent executor or independent administrator regarding 

fiduciary fees and the settling of accounts.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.  Amended 

by Acts 1987, 70th Leg., ch. 167, § 3.08(a), eff. Sept. 1, 1987;  

Acts 1999, 76th Leg., ch. 855, § 10, eff. Sept. 1, 1999.

               § 37.006.  PARTIES.  (a)  When declaratory relief is 

sought, all persons who have or claim any interest that would be 

affected by the declaration must be made parties.  A declaration 

does not prejudice the rights of a person not a party to the 

proceeding.

               (b)  In any proceeding that involves the validity of a 

municipal ordinance or franchise, the municipality must be made a 

party and is entitled to be heard, and if the statute, ordinance, or 

franchise is alleged to be unconstitutional, the attorney general 

of the state must also be served with a copy of the proceeding and is 

entitled to be heard.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.                    

               § 37.007.  JURY TRIAL.  If a proceeding under this 

chapter involves the determination of an issue of fact, the issue 

may be tried and determined in the same manner as issues of fact are 

tried and determined in other civil actions in the court in which 

the proceeding is pending.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.                    

               § 37.008.  COURT REFUSAL TO RENDER.  The court may refuse 

to render or enter a declaratory judgment or decree if the judgment 

or decree would not terminate the uncertainty or controversy giving 

rise to the proceeding.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.                    

               § 37.009.  COSTS.  In any proceeding under this chapter, 

the court may award costs and reasonable and necessary attorney's 

fees as are equitable and just.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.                    

               § 37.010.  REVIEW.  All orders, judgments, and decrees 

under this chapter may be reviewed as other orders, judgments, and 

decrees.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.                    

               § 37.011.  SUPPLEMENTAL RELIEF.  Further relief based on 

a declaratory judgment or decree may be granted whenever necessary 

or proper.  The application must be by petition to a court having 

jurisdiction to grant the relief.  If the application is deemed 

sufficient, the court shall, on reasonable notice, require any 

adverse party whose rights have been adjudicated by the declaratory 

judgment or decree to show cause why further relief should not be 

granted forthwith.

Acts 1985, 69th Leg., ch. 959, § 1, eff. Sept. 1, 1985.