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Fate council denies petition to release land from its ETJ after legal consultation
Summary
Following executive-session attorney consultation, Fate—s council voted 6–1 to deny Century Property Acquisitions LLC—s petition to release territory from the city—s extraterritorial jurisdiction, citing conflicts with a referenced state bill and the city—s statutory authority.
After an executive session to consult with counsel under the Texas Government Code, the Fate City Council moved in open session to deny a petition by Century Property Acquisitions LLC to release an area from the city—s extraterritorial jurisdiction (ETJ).
The motion stated that, in the mover—s view, Senate Bill 2038 (as cited in the meeting) constituted an unconstitutional delegation of legislative authority and conflicted with the city—s discretionary authority under the Local Government Code (motion text referenced Local Government Code §42.023). The council voted to deny the petition by a 6–1 margin; Mayor Billings cast the lone no vote.
The matter was first discussed in executive session with counsel under Texas Government Code §§551.071 and the city later acted in open session; staff identified specific Rockwall CAD property IDs in the executive-session agenda. The council directed the city attorney to notify the petitioner of the denial and to proceed per standard post-decision procedures.
No further action was taken on other annexation or development agreements listed for attorney consultation at this meeting.
