Rockwall Herald-Banner (Texas)

July 27, 2010

City will not renew 212 agreements to defer annexation on ag land

By DAVID WILFONG
CNHI

Rockwall — In a split 4-2 vote, the Rockwall City Council elected not to renew existing 212 agreements with property owners in areas of land that have been slated for annexation into the city in the last six months.

The two actions were considered seperately during Monday night’s regular city council meeting. One involved 162.88 acres along the south side of Clem Road, east of FM 1141 and west of FM 549. The other was 1,496.66 acres on the south side of SH 276 and west of FM 550.

Under state law, the city is required to offer the owners of existing agricultural land a 212 agreement during annexation proceedings whereby the city will not annex the property if the land owners refrain from changing the use of the property.

However, the terms of the 212 agreement were set at one year, and the city was required to bring the issue back up six months prior to the expiration of the agreement.

Citing staff responsibilities to keep up with the paperwork involved, and confusion over areas in outlying parts of the city which may be in or out of the city limits, Councilmember Matt Scott entered a motion to go ahead and annex the properties in question.

Councilmember Glen Farris ojected.

“I gave these people my word that ‘If you don’t develop I will not annex,” Farris recalled back to the original proceedings. He acknowledged the burden placed on city staff by the paperwork involved, but said he would not be supporting the motion.

He also said that he would prefer to have the agreements written for a longer period of time so that the city would not be bringing the issue up as often.

Farris and Councilmember Mark Russo were the two dissenting votes as the measure passed 4-2. Margo Nielsen was absent during the meeting.