Annexation dead

2008-12-12 / Front Page

Attorney: City Council can reconsider effort to incorporate western acreage
By DAVID LOWE Staff Writer

The Lampasas City Council's effort to annex 409 acres of land west of the city limits officially has died, although the council can reconsider the matter in the future, city attorney J.C. Brown said at Monday night's council meeting.

There were no empty seats at the meeeting, as more than 40 people filled Council Chambers to learn the fate of the annexation attempt that would have brought into Lampasas about 3,000 feet of County Road 1020, all of CR 1024, 4,600 feet of CR 1025 and a city sports park to be built off Farm-to- Market Road 580 West.

Council members met for 35 minutes in executive session with Ms. Brown to discuss whether the city legally could continue its annexation effort.

The second reading of an annexation ordinance on Nov. 28 passed 3-2 but fell one vote short of the total required by the city's home rule charter for annexation matters.

"Therefore, the annexation, having failed in the second reading, fails in its entirety," Ms. Brown said.

If city officials were to attempt annexation again, they would have to send new notices to residents in the area in question and would have to hold another set of public hearings in a process determined by state law.

The City Council is not required by law to wait any specific length of time before reconsidering annexation of the area west of town, Ms. Brown said.

"From a legal perspective, nothing prevents the City Council from taking this up at a future time ... whenever the City Council thinks it's in the best interest of the city," she said.

Mayor Judy Hetherly, however, told audience members the council has made no plans for a renewed attempt to bring the area within city limits.

"We have not had any kind of discussion about the future of this annexation," she said.

"We promise," council member Wanda Bierschwale added.

In response to a citizen query about notification requirements, Ms. Brown said not all annexations fall under the state requirement to publish a municipal annexation plan three years in advance.

City Manager Michael Stoldt added that the rule relates only to annexations affecting 100 or more tracts. Even if the City Council had tried to annex all property touching CR 1020 and CR 1025, it would not have reached the 100-tract threshhold, he said.

In other business, the council voted 6-0, with Councilman Evan Stubbs absent, to approve a 2009 Routine Airport Maintenance Program grant from the Texas Department of Transportation. Under the grant program, TxDOT will reimburse 50 percent of eligible costs. Lampasas will receive $6,470 for various maintenance activities.

The City Council also voted 6-0 to select a bid by Lupe Rubio Construction of Kingsland for the installation of water and wastewater line extensions to the new Lampasas High School and to Grace Fellowship Church.

The company's bid of $695,846 contained an incorrect price for manholes, so the council will amend the bid. The change will add $62,321 to the price, but the bid will remain nearly $60,000 less than the next-lowest offer.

The City Council's vote is subject to approval by Grace Fellowship and the Lampasas Independent School District Board of Trustees.

In other business, the council OK'd an amendment, which included several cost adjustments, to its Airport Project Participation Agreement with TxDOT.

The amendment increases the city's share of the project to $150,000 and raises the amount of state funds provided to $450,000. Construction will total $611,000, but Stoldt said the city can address the $11,000 shortfall by drawing from the $27,968 remaining in the 2007 Capital Fund. Money in the fund has not been assigned to any specific project, the city manager said.

Also Monday, the council voted 6-0 to approve a quitclaim deed for 2.61 acres near the railroad tracks on FM 580 East and to transfer ownership of the property to the Lampasas Economic Development Corp.

In his report, Stoldt said city staff should be ready to bid the Sulphur Creek debris removal project in January. Work will begin early in 2009, he said.

"That should dovetail nicely with our bank stabilization project," Stoldt said.

Ms. Hetherly told the council that work on a concrete floor has been completed at the Lampasas Colored School, and seven windows in the historic schoolhouse have been purchased in a fundraiser. The building will have a new roof soon, the mayor added.

The council canceled its Dec. 22 meeting because of Christmas holidays. Its next regular meeting will be Jan. 12.

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