Forney City Attorney Explains Proposed Annexation Plans

The Forney City Council recently held the first of two required public hearings on the proposed annexation of three pieces of undeveloped property located adjacent to the city limits.

City Attorney Jon Thatcher described each of the properties being considered for annexation during the November 6, 2018 council meeting.

Thatcher said “This is the first public hearing required of two public hearings on any annexation.

First and foremost I’d recommend that because we have three public hearings scheduled in a row for tonight’s meeting, that there would be no need for the council to take the action of exiting each hearing because you’re taking no action tonight. We can just stay in public hearing and move right through these three items one after another as a procedural matter.”

Thatcher first addressed the council about the first parcel on undeveloped property located on the “north side of FM 740 just east of the intersection of FM 740and FM 460”.

Attorney Thatcher said, “Back on October 16, 2018 during a regular term of the city council, you all took action to approve a resolution to set public hearings for this property, for the initial annexation of this property. But that also authorized staff to provide the required notices, not only to all public utilities but also to the school district and anyone that has an interest in this property. And then also gave staff authority to offer a development agreement because again this property is tax-exempt, or of AG for its tax purposes.”

Explaining Thatcher said “We have a requirement to offer a non-development agreement essentially that would guarantee non-annexation for a period of years as long as that property would remain as a AG status property. Staff did move forward and offer that development agreement and it was not accepted by the property owner.”

Only one resident asked a question from his seat within the audience. Raising his hand he asked “Just one question. Is there a state law against forced annexation?”

To which City Attorney Thatcher replied “The City of Forney is a Home Rule city that maintains authority to conduct involuntary annexations.”

Listen to the below videos of attorney Thatcher and the Forney City Council discussing each of the three properties being considered for annexation.

 

Annexation 1 Map - 29.224 acres FM 740 at FM 460

Annexation 2 Map - 49.717 acres Whaley tract

Annexation 3 Map - 51.431 acres Whaley tract

 

 

 

Written by: Denise Bell

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