HomeMy WebLinkAboutIR 8113 INFORMAL REPORT TO CITY COUNCIL MEMBERS No.---nl
To the Mayor and Members,of the City Council March 17, 1998
V A
Page I of I
Subject:
1873 ORDINANCE ADOPTION FOR
ANNEXATION CASE NO. A-97-08R
BACKGROUND
At the second City Council hearing for the above referenced case held February 24, 1998, it was
mentioned that the City Council may not be meeting on March 17, 1998 which was originally
scheduled as the adoption date for this annexation. It was anticipated that a quorum might not be
present for that meeting. Therefore, an alternative adoption date of March 24, 1998, was established
for City Council approval of the annexation ordinance.
DISCUSSION
Upon developing the ordinance for this case, it was discovered that the March 24 adoption date
would cause the first required public hearing (held February 10, 1998) to be in violation of the
scheduling requirements of Chapter 43 of the Texas Local Government Code. Section 43.052 of the
Code(sometimes referred to as the 40/20 rule) requires that two public hearings be held between the
40th day before and the 20th day before the date of final adoption. An adoption date of March 24
will cause the first public hearing of February 10 to have occurred 42 days before final adoption.
This would therefore invalidate the entire annexation process for this case since the first hearing
would have taken place 2-days outside the 40th day/20th day time frame.
RECOMMENDATION
It is therefore recommended that City Council consider adoption of the annexation ordinance for
case no. A-97-08R at the March 17, 1998 meeting, provided that a quorum could be established for
that meeting. This action would provide for the legal adoption of the ordinance in accordance with
the requirements of Section 43.052 of the Local Government Code of the State of Texas. In the event
the meeting of the 17th is canceled,the annexation process will have to be reestablished for this case.
LIX0
Bob Terrell,-Cit/Manager
ISSUED BY THE CITY MANAGER FORT WORTH,TEXAS—