16 - DISANNEXATION REQUESTS 36TH N.E.

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(8) if the governing body fails or refuses to disannex the area within Go days after the date of the receipt of the petition, any one or more of the signers of the petition may bring a cause of action in a district court of the county in which the area is principally located to request that the area be disannexed. On the filing of an answer by the governing body, and on application of either party, the case shall be advanced and heard without further delay in accordance with the Texas Rules of Civil Procedure. The district court shall enter an order disannexing the area if the court finds that a valid petition was filed with the municipality and that the municipality failed to perform its obligations in accordance with the service plan or failed to perform in good faith. (C) If the area is disannexed under this Section, it may not be annexed again within 10 years after the date of the disannexation. 2. Disannexation According to Municipal Charter in Home -Rule Municipality (Sec. 43.142) A home -rule municipality such as Paris may disannex an area In the municipality according to rules as may be provided by the charter of the municipality and not inconsistent with the procedural rules prescribed by this chapter. 3. Width Rea uirement for Disannexation (Sect. 43 -147) (A) A municipality disannexing a road or highway shall also disannex a strip of area that is equal in size to the minimum area that the municipality is required to annex in order to comply with the width requirements of Sec. 43.054 unless such disannexation is undertaken with the mutual agreement of the county government and the municipality. The strip of area to be disannexed must be adjacent to either side of the road or highway, and follow the course of the road or highway. 4. Requirements Regarding Federal and State Approvals and Notices All annexation ordinances and information relating to the annexation must be submitted for approval of the U.S. Department of Justice. Also, the Texas Secretary of State must be notified of any annexation /disannexation. Certain other agencies are also required to be notified if city changes its boundaries. Section S. Annexation Under Senate Bill 89 The following is an outline only of the procedures that now must be followed when annexing territory: 1. Adopt an annexation plan. (Sec. 43.052 (c)) 2. Determine whether the municipality may annex the territory. (Sec. 43.0545) 3. Determine whether territory should be included in the annexation plan. (Sec. 43.052 (h)). 4. Comply with the notice requirements. 5. Provide written notice to school districts. 5. Prepare an inventory of services and facilities. 7. Prepare a service plan. 8. Address hearing requirements.