Citing legal precedent, the Texarkana, Texas, City Council on Monday dismissed citizen efforts to repeal its recent land annexations.
After a closed-door consultation with City Attorney Jeffery Lewis, the council released a statement saying the law disallows using a referendum to repeal annexations. City Secretary Jennifer Evans therefore has no responsibility to act on six referendum petitions delivered to City Hall in recent weeks, Lewis said.
"It's not over," several anti-annexation activists said after the meeting, hinting they may take further legal action. They had sought to use a petition and election process set forth in the charter to stop the city from taking in six adjacent territories. Many residents of those territories have strongly opposed being made subject to city laws and taxation against their wills.
The council's statement cited "case law dating back forty years" and Texas law as prohibiting "use of home-rule city charter referendum procedures to repeal annexation ordinances."
"Texas law does not authorize the City Council to act on the referendum petitions, to repeal the annexation ordinances, or to submit the ordinances to a city-wide vote," the statement said.
The statement went on to defend the city's actions.
The council "has carefully deliberated allowing for public hearings and comment," it said. "The City will continue to work with residents in newly annexed portions of the city to provide additional services as efficiently as possible."
The city must extend water and sewer service to the annexed territories within two-and-a-half years, according to a service agreement that is part of the annexation ordinances.
Residents will have six months to connect to city services once they are available. The service agreement allows case-by-case exceptions for people more than 65 years old, homes more than 300 feet from a service line and homes with a working aerobic septic system. The city may also, at its discretion, give residents up to an additional year to connect.
The council also voted unanimously to adopt a city budget and property tax rate for Fiscal Year 2019.
The budget does not call for a property tax increase or water rate increase. City staff anticipate a $73.7 million increase in property valuation across the city, as well as a 2 percent increase in sales tax revenue.
The plan would pay off some 2012 bonds with a one-time expenditure of more than $5.1 million, freeing about $1 million a year in debt service the city currently pays and saving more than $313,000 in interest. The bonds originally were scheduled to be paid off in 2023.
The budget also calls for a 2 percent increase in base salary for all city employees. Other notable expenditures include $500,000 for the city's major maintenance fund and $325,000 set aside in an economic development fund.
The council voted to cancel the municipal election in November because none of the office-holders up for re-election has an opponent. Mayor Bob Bruggeman, Ward 1 Council Member Jean Matlock, Ward 4's Christie Alcorn and Ward 6's Josh Davis are running unopposed for their seats.
The council's next meeting is scheduled for Sept. 24.
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