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Home My WebLink AboutRES 092623-4.C - Release Petition Area ETJRESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS ("GEORGETOWN") RELEASING APPROXIMATELY 15.132 ACRES OF LAND FROM THE CITY OF GEORGETOWN'S EXTRATERRITORIAL JURISDICTION ("ETJ"), SAID LAND BEING GENERALLY LOCATED SOUTH OF FM 972 AND EAST OF INTERSTATE HIGHWAY 35, WILLIAMSON COUNTY, TEXAS, RESULTING IN A REDUCTION OF GEORGETOWN'S ETJ; ANDPROVIDING AN EFFECTIVE DATE. WHEREAS, on September 11, 2023, the City of Georgetown, Texas, received a petition requesting release from its ETJ of a 15.132 acre tract of land in the McQueen J. Survey (the "Petition"), a true and correct copy of such Petition being attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, pursuant to Subchapter D of Chapter 42 of Local Government Code, landowners or residents may submit a petition seeking release of an area of land from the City's ETJ; and WHEREAS, the City Secretary has reviewed the Petition and confirmed that it meets the requirements of Subchapter D of Chapter 42 of the Local Government Code and the petition requirements of Chapter 277 of the Election Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS: SECTION 1. The City Council of the City of Georgetown, Texas ("City Council"), does hereby find that the forgoing recitals are true and correct and adopts the recitals by this reference for all purposes. SECTION 2: The City Council does hereby adjust the boundaries and limits of the ETJ of the City of Georgetown, Texas, such that the ETJ of the City of Georgetown, Texas, shall be and is hereby adjusted to release and remove the Area subject to the Petition, as such Area is more particularly described and depicted in Exhibit B attached hereto and incorporated herein by reference, from the ETJ of the City of Georgetown, Texas. SECTION 3. This Resolution shall take effect immediately upon its passage. Resolution No. acl 2p Z3 - 4 . G Release of Petition Area Page 1 0a\'\'DY\ PAS ED AND APPROVED by the City Council of the City of Georgetown, Texas, on the _2L ayof Uj� , 2023. CITY OF GEORGETOWN.ITEXAS By: Josh SclAoeder, Mayor ATTEST: -�ZBy: l Robyn Densm rc, City Secretary APPROVED AS TO FORM: By: Skye Mas n, C Attorney Resolution No. - - L Release of Petition Area Page 2 Exhibit A Petition Resolution No. Regarding Release of Petition Area SEPTEMBER 11, 2023 Troy Wallace Dalton and Geraldine Chip Dalton 500 Miller Hill Rd. Georgetown, TX 78626 City of Georgetown City Secretary's Office 808 Martin Luther King Jr St. Georgetown, TX 78626 RECEIVED SEP 11 2023 CITY SEC. Reference: City of Georgetown's (City) September 8, 2023 Response to Petition for Removal of Extraterritorial Jurisdiction (ETJ) in accordance with Section 42.104 of the Texas Local Government Code Dear Georgetown City Secretary: We are responding to the City's response, of September 8, 2023, to deny our of petition for removal from ETJ, of September 1, 2023. We offer the following to correct and clarify the following issues noted by the City. We wish to clarify the property petioned. Your response identified two properties "AW0426 McQueen J. Sur. Acres 15.63 R091466 and AW0426 Mcqueen, J. Sur., Acres 5.07". The petition was only for the property which we identified as: S10254 — Dalton SUB, Block 1, Lot 2, Acres 15.132, street address 500 Miller Hill Rd, Georgetown, TX 78626 The property description in the petition is as described on the Williamson County tax notifications. We believe that S10254 — Dalton SUB, Block 1, Lot 2, Acres 15.132, street address 500 Miller Hill Rd, Georgetown, TX 78626; AW0426 McQueen J. Sur. Acres 15.63 R091466 and (except for a slight differences in the acre amount noted by the City and that shown in the recording document) with the following should be equivalent: McQueen J. Sur. for 15.132 acres and 5.00 acres submitted May 9, 2012 for R091466 Land tract recorded in Vol. 1139, Page 125, Vol. 1138, Page 459 and Document No. 2007089978, of the Official Record of Williamson County, Texas. The City had a concern that the petition did not comply with the following: "Section 42.104 (d) The petition must include a map of the land to be released and describe the boundaries of the land to be released by: (1) metes and bounds; or (2) lot and block number, if there is a recorded map or plat." Because the property petitioned was been recorded and the lot and block numbers are identified in the petition letter complies with Section 42.104 (d) (2) of the statute. The City is also concerned that 42.104 (a) of the Texas Local Government Code was not met. As we stated the petitioners are 100% of the sole and majority in value of the holders of title of land for the 15.132 acres. However, if both properties noted by the City in there responce are required (which does not appear required by Sec. 42.104) our petition accounts for more than 50% of majority in value of the holders of title of land for the combined property(ies). Therefore the petition complies with Sec. 42.104 (a) (2). Your response letter stated: "The submitted petition does not comply with Chapter 277 of the Elections Code (Section 42.103) as follows: Does not include signer's residence address". Our letter clearly provided our printed names and address (shown at the top of the pettion) as well as the date. This letter will submitted to admend the initial petition to specifily include Chapter 277 requirements (including the required dates of birth). We are looking forward to receiving the required notice that the City has released this property from inclusion in the ETJ. Respectfully, date Troy Wallace Dalton Geraldine Chip Dalton 500 Miller Hill Rd. 500 Miller Hill Rd. Georgetown, Texas 78626 Georgetown, Texas 78626 January 14, 1947 January 31, 1946 date 1 l 3 Exhibit B Legal Description and Map Resolution No. Regarding Release of Petition Area Legal Description A 15.132 acre tract of land known as Lot 2 of Dalton Subdivision, a subdivision in Williamson County, Texas, according to the map or plat thereof on file and of record under County Clerk's File Number 2012038775 of the Official Public Records of Williamson County, Texas. 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