Kaufman County Court at Law No. 2, Judge Bobby Rich, ordered the City of Terrell to pause its annexation proceedings after a temporary restraining order was signed by Rich and granted to land and business owners who are challenging the annexation.
The annexation is regarding the annexation proceedings for 1,000 foot-wide strips of specific land along Interstate 20, U.S. Highway 80, State Highway 205 and State Highway 34 in order to expand the city’s boundaries at its major entrances.
The Terrell City Council and City of Terrell was planning to vote for or against annexation proceedings during its regular City Council meeting on Tuesday, Sept. 17 at Terrell City Hall. But due to the restraining order, the City of Terrell will not take action on annexation proceedings during the Tuesday, Sept. 17 City Council meeting.
“The annexations addressed in the City of Terrell's August Public Hearings (areas along IH20, US80, SH34, and SH205), are now a matter pending with Kaufman County Court at Law #2. Thus, consistent with the Court’s recent preliminary action in that case, the City of Terrell will take no action related to these annexations at its September 17th City Council meeting. Since the September 17th agenda was posted prior to the receipt of this communication from the Court, items related to annexation on the September 17 agenda (items 7-18) will be deferred with no discussion and no action at this time,” a statement from the City of Terrell said.
Rich has ordered the City of Terrell and the landowners to return to court within 14 days with the first hearing scheduled at 1:30 p.m. on Sept. 26.
In the filed petition, attorney’s representing the landowners have argued that the City of Terrell violated its own charter, the Texas Open Meetings Act and Chapters 42 and 43 of the Texas Government code in its recent action to extend its city limits. The attorney’s representing the landowners also argue that the City of Terrell cannot annex property that extend outside of their ETJ or do so without providing the proper notice and making the city’s proposed annexation service plan and maps void.
City Council Resolution No. 928 directed the City Manager to prepare service plans for specified areas. Four of these have been completed, IH20, US80, SH205 and SH34. These Service Plans are available at www.cityofterrell.org. On the Home page, scroll down to the grey tab, “Pending Annexations.”