03-28-24-95b - Resolution - 03/28/2024RESOLUTION NO. 03-28-24-9.5b
A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, DENYING FINAL
CHANCE, LLC’S, WCJ, LLC’S, AND SHERI AND SCOTT BOLES’ 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 December 18, 2023, Final Chance, LLC, WCJ, LLC, and Sheri and Scott Boles
(“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 in the approximate area of Old
Arrington and Arrington Road 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, 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 action
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.
PART 4: That this resolution shall become effective immediately after passage and approval.
Resolution No. 03-28-24-9.5b Page 2 of 3
ADOPTED this 28th day of March 2024.
ATTEST: APPROVED:
City Secretary Mayor
APPROVED:
City Attorney
Resolution No. 03-28-24-9.5b Page 3 of 3
EXHIBIT A
Approximately 10.725 acres of land being in the S.W. Robertson League, Abstract 202 generally
located Old Arrington and Arrington Road.