03-28-24-9.4a - Resolution - 03/28/2024RESOLUTION NO. 03-28-24-9.4a
A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, DENYING
RAYMOND HOLDINGS, LLC’S PETITION FOR REMOVAL OF PROPERTY FROM
THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF COLLEGE STATION
AND DENYING THE CITY’S CONSENT TO THE REDUCTION OF THE CITY’S
EXTRATERRITORIAL JURISDICTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 30, 2023, Raymond Holdings, LLC. (“Petitioner”) submitted a
petition attached as Exhibit “A” (“Petition”) for releasing property from the City of College
Station’s extraterritorial jurisdiction (“ETJ”); and
WHEREAS, the property sought to be released is located west of HWY 47 on Raymond Stotzer
Parkway and described by metes and bounds in Exhibit “A” (“Property”); and
WHEREAS, pursuant to Texas Local Government Code Section 42.023, the City’s ETJ may
only be reduced if the City Council has exercised its legislative authority consenting to reducing
the City’s ETJ by ordinance or resolution; and
WHEREAS, pursuant to Texas Constitution, Article II, Section 1, landowners may not be
delegated legislative authority to remove their property from the City’s ETJ without the City
Council’s consent by ordinance or resolution; and
WHEREAS, Texas Local Government Code Chapter 42 Subchapter D. (SB 2038) is an
unconstitutional delegation of the City’s legislative authority and conflicts with the City’s grant
of legislative discretion under Local Government Code Section 42.023; and
WHEREAS, the City Council finds that it has taken no action by ordinance or resolution
regarding the Petition or Property; and
WHEREAS, it is in the best interest of the City to deny the Petition and the removal of the
Property from the City’s ETJ, and to any reduction in size of the City’s ETJ; and deny any
previous actions under Texas Local Government Code Chapter 42 Subchapter D. (SB 2038);
now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: The above recitals are adopted as findings of the City Council.
PART 2: The Petition for Release of the Property in Exhibit “A” from the City’s ETJ is
denied and the Property remains in the City’s ETJ.
PART 3: The City denies any written consent by ordinance or resolution or action under
Texas Local Government Code Chapter 42 Subchapter D (SB 2038) to remove the
Property from the City’s ETJ and any reduction in size of the City’s ETJ.
Resolution No. 03-28-24-9.4a Page 2 of 3
PART 4: That this resolution shall become effective immediately after passage and approval.
ADOPTED this 28th day of March 2024.
ATTEST: APPROVED:
City Secretary Mayor
APPROVED:
City Attorney
Resolution No. 03-28-24-9.4a Page 3 of 3
EXHIBIT A
Approximately 5.569 acres of land being in the John H. Jones League Survey, Abstract 26,
generally located at Raymond Stotzer and Jones Road.