Res 051-2024 Replacing Res. 112-89 pertaining to City Services Outside City Limits 05/21/2024 Resolution No. 51-2024
A Resolution replacing Resolution 112-89 related to requests for City
services outside the City Limits
WHEREAS, the City of Wichita Falls passed Resolution 112-89 that created a
policy on the sale of water outside the City Limits; and,
WHEREAS, the original Resolution took into account the annexation powers the
City of Wichita Falls had in 1989 and said annexation powers no longer exist; and,
WHEREAS, any current annexation of property outside the City Limits shall be
voluntary; and,
WHEREAS, the City Council wishes to replace Resolution 112-89 to reflect the
changes in how annexation currently works, to protect the current citizens from increased
cost without increased funding, and to encourage voluntary annexation in exchange for
municipal services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS:
SECTION 1 . The following policy replacing resolution 112-89 is hereby
established for the extension of water, sewer, and trash services:
A. Purpose: This policy aims to regulate the extension of water, sewer, and trash
services beyond the current City Limits. It aims to balance the needs of property
owners with the City's responsibility to manage growth and maintain control over
essential infrastructure. By requiring voluntary annexation for water extensions,
sewer extensions, and trash service, the City can promote responsible
development and ensure the long-term sustainability of its infrastructure.
B. Scope: This Policy applies to all requests to extend water, sewer, and trash
services to properties located outside the City Limits.
C. Policy Statement: Water, sewer, and trash services shall not be extended beyond
the existing City Limits unless the property owner voluntarily agrees to annex their
property into the City.
D. Applicability: This policy shall apply to residential, commercial, and industrial
properties. The City of Wichita Falls may allow industrial service users outside the
city limits to enter into a PILOT (Payment in Lieu of Taxes) agreement in lieu of
voluntary annexation. Wholesale water users shall comply with all state laws.
E. Voluntary Annexation Process:
• Property owners seeking water, sewer, and trash services for properties
located outside the City Limits must submit a formal request for annexation
to the City Council as required by Tex. Loc. Gov't Code § 43.0671.
• The entire property owned by the applicant shall be included in the
annexation request.
• The request shall include a petition signed by all property owners
expressing their voluntary consent to annex their property into the city as
required by Tex. Loc. Gov't Code §43.0673.
• If the annexation is approved by the City Council, the property will be
annexed into the City, and water, sewer, and trash services may extended
to the property by the applicant following all applicable city ordinances.
• Any extension after annexation shall be at the applicant's cost.
F. Partial Inclusion of Property:
• In cases of the City Limit bisecting the property that results in a partial
inclusion of the property, no service line shall extend to serve any portion of
the property outside the City Limits. Upon discovery, services may be
suspended until such time the remainder of the property is annexed.
G. Non-Contiguous Property:
• In cases of property existing outside the City Limits and not contiguous to
property within the City Limits, thus preventing annexation, water, sewer,
and trash services may be extended with an agreement between the
property owner and the City with the understanding that as soon as the
property becomes contiguous and able to be lawfully annexed, the property
shall have 60 days to petition for annexation. The agreement and any
related documents shall be filed in the county land records and shall run
with the property. Failure to comply will result in service termination.
• Property owners outside the corporate City Limits shall pay two times the
above the then-current rates.
SECTION 2. This policy supersedes all other previous policies for the extension
of water, sewer, and trash services outside the City Limits.
PASSED AND APPROVED this the 21st day of May, 2024.
MAYOR
ATTEST:
City Clerk