Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Interlocal Agreement topic
No spam. Unsubscribe anytime.
Council tables interlocal agreement with Ector County after legal concerns about annexation and impact fees
Summary
Council members and the city attorney discussed statutory limits in an interlocal agreement with Ector County that touched on annexation, impact‑fee waivers and water/sewer service. The council voted to table the item for further negotiation between legal staff from both jurisdictions.
The City Council tabled consideration of an interlocal agreement with Ector County after staff and the city attorney identified legal and policy questions about annexation authority, impact‑fee waivers and provisions for water and sewer outside city limits.
The city attorney briefed the council on several legal concerns raised by the draft interlocal agreement. He said interlocal agreements are authorized generally by Chapter 791 of the Texas Government Code but that annexation and disannexation authority is governed by Chapter 43 of the Texas Local Government Code and that the city’s charter and state law impose specific conditions for annexation, including the provision of services. He also said the draft agreement referenced waiving impact fees for county property and advised the council that impact‑fee authority is governed by Chapter 395 of the Local Government Code and that waivers and fee practices raise policy and legal questions. The attorney recommended further consultation with the county attorney and a review of water/sewer bond covenants and interlocal obligations with the Colorado River Municipal Water District where applicable.
After discussion, the council voted to table the interlocal agreement and asked city and county legal staff to work through the outstanding legal and policy issues before the item returns to council.
