City of Eagle Pass approves Three Year Annexation Plan Study

By: Jose G. Landa, Copyright 2014, Eagle Pass Business Journal, Inc.

The Eagle Pass City Council unanimously approved to authorize City Manager Gloria Barrientos to conduct a study and identify areas for possible annexation to the City of Eagle Pass limits at their October 21, 2014 meeting, following a presentation of the annexation process by Langley & Banack attorney Ruben Barrera.

The City of Eagle Pass has exercised a conservative annexation plan during the past 20-30 years. However, the City and County of Maverick are experiencing rapid growth in population and demand for public services during recent years, prompting the City to undertake an annexation plan and study to manage and control its growth and the provision of municipal services to a growing community. At the October 21st meeting, the City Council approved to develop a three year plan of annexation with an inventory of real properties or land to be annexed as well as a service plan for these proposed properties.

Attorney Ruben Barrera presented an overall annexation process, procedures, and law for accomplishing annexation. Barrera discussed the City’s extra-territorial jurisdiction, municipal boundaries, and current annexation procedures under state law.   Barrera stated that an annexation process can help spur development in an area or it can follow development that already has occurred.   Barrera presented the original Eagle Pass City limits were established upon incorporation in 1910. “Over time a City can expand those boundaries by annexation.”

“Annexation expansion impacts another type of boundary, which is Extra-Territorial Jurisdiction (ETJ),” said Barrera. Barrera explained how the ETJ boundary adheres to the City of Eagle Pass boundary plan depending on population levels in those areas.   “On the other-hand, Extra-Territorial Jurisdiction can grow on its own,” said Barrera.

Barrera explained to the City Council how the ETJ self-growth works and the mechanics needed to set an annexation process as a municipality.   Barrera stated that ETJ boundaries can extend by an annexation process or by people with properties asking to be annexed into the ETJ areas. “Every time you annex an area, say you annex 5 acres or 50 acres that area that is added to your city will automatically extend the ETJ area a little bit more. It won’t enlarge it, it will simply extend it. The enlargement will take place when you enlarge population,” said Barrera. Barrera explained how the mechanics of the process works and also gave a presentation on the limitations that come with the annexation process.

“The annexed area has to be contiguous and adjacent to your existing city limits. You can’t just leapfrog and go out there and annex an area that you like without any area of land between you and the new area,” said Barrera. “It has to be contiguous and adjacent to the city. It has to occur within the existing Extra Territorial Jurisdiction (ETJ),” added Barrera.

Barrera noted that currently the Eagle Pass ETJ is at a two (2) miles, therefore, the annexation process would have to occur within that two (2) mile ETJ.  Barrera explained that the City can annex up to 10 % of its incorporated area on a yearly basis but has the ability to annex up to 30% if it has not done so in years.   “Your last annexation was in 2011,” said Barrera.

Barrera noted that the City of Eagle Pass has another type of Extra-Territorial Jurisdiction called Border ETJ. The Border ETJ is at five (5) miles but is not for purposes of annexation, explained Barrera. “That area is not for purposes of annexing to your city. It is only for purposes of subdivisions, land and platting activities. The idea is to make sure that you don’t create any more colonias than perhaps may already exist,” said Barrera.

Barrera then stated that the City at this point can annex up to 82,300 acres in accordance to the formulas followed for annexation processes under the 10% rule or 247,104 acres at the maximum 30% rule allowed at this point.

Currently, the total area in Maverick County is 1,287 square miles, which translates to 823,600 acres. The City of Eagle Pass current Extra-Territorial Jurisdiction is at two (2) square miles, which translates to 1,280 acres of land. Barrera explained that currently if any municipality is to annex lend they must abide by a 3 year rule process with a 3 year annexation plan unless the lands in question fall within certain exemptions.

Barrera noted that current law requires a three (3) year annexation plan process and the City must provide all municipal services to the annexed properties, including water, sewer, police and fire protection, and parks and recreation services to name a few.

Barrera advised City Council that the City is to attempt to annex areas within the County, that they do a cost benefit analysis to ascertain a structured plan as to what services are already being provided to certain areas and other issues that may benefit the City under this analysis. “You must sit down and really look at where is it that you want to grow,” said Barrera. The City must identify which real properties or land it wants to annex.

Mayor Ramsey English Cantu stated that “We are looking at areas in the outer loop 480, areas that will be set and easier for us to control that growth. I think that a lot of the city growth is moving in that direction. The Student Activity Center and everything around that area is an area where we can start that easier step. I think that there are other areas in the county that might be looked at like Seco Mines that I know for a while has been an area that the city must be looking at because of the infrastructure that has been put into it by the county and the state.”

Mayor Pro-Tem Luis E. Sifuentes concurred with Cantu and added that there are areas such as Las Quintas Fronterizas that should be looked at as well. Sifuentes noted other possible annexation areas include inside Loop 480 and lands that are currently being farmed in the Hopedale area.

Barrera advised City Council that the City of Eagle Pass must identify the areas to be considered for annexation before the process of a three (3) year annexation plan can commence.

Mayor Pro-Tem Sifuentes motioned to direct City Manager Gloria Barrientos or her designee to identify possible annexation with or without a three year plan, after that is designated the Council will review it for consideration, and consider the preparation of a draft three year annexation plan with an inventory and service plan for set areas before the end of the year (2014), seconded by City Councilman Rudy Villalpando. City Council unanimously approved the annexation plan study.

Any land owner adjacent to the City of Eagle Pass city limits or two miles extra-territorial jurisdiction interested in having their real property annexed in the future by the City should definitely contact City Manager Gloria Barrientos to be considered. For example, residents of Las Quintas Fronterizas, Seco Mines, Siesta Acres, Hopedale, Deer Run, Elm Creek, and other subdivisions who want to be annexed by the City of Eagle Pass must contact City Manager Gloria Barrientos and request to be considered and remain active in the upcoming City of Eagle Pass annexation plan study. City Manager Barrientos may be contacted at City Hall, 100 South Monroe Street, or by telephone at (830) 773-1111.