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Landowners may avoid annexation with pacts

Rockwall: Council to seek agreements to prohibit development instead

12:00 AM CST on Friday, January 19, 2007

By IAN McCANN / The Dallas Morning News

Owners of dozens of northeastern properties targeted for annexation by Rockwall will get a chance to avoid being brought into the city.

City Council members agreed Tuesday to discuss instead creating agreements that could prohibit new construction on the land, totaling 317 acres, near FM549 and State Highway 66.

City officials initiated the annexation so they could control development along Highway 66, a major corridor. Under state law, cities can dictate zoning, building appearances and code standards only within their borders.

Council members voted unanimously to hold talks with owners of the land, homes and businesses, including Rest Haven Funeral Home and Cemetery.

Some council members, however, said they weren't sure an agreement could be reached.

"I certainly at this point am apprehensive of what that [agreement] would look like," council member Tim McCallum said. "We should be cautious of the long-term effects of this. My concern in particular is ... what kind of precedent we set."

The council approved similar agreements in 2005 with owners of several properties northeast of the city near FM552. Those agreements delay annexation for at least 10 years unless the affected property owners subdivide their land.

Council members are expected to consider the new annexation proposal at a Feb. 5 meeting. The second reading of the annexation ordinance and a final council vote are scheduled for Feb. 19.

Residents whose properties would be part of the annexation said they were pleased with the council's decision to discuss an alternative agreement with them.

"You will solve your problems and not incur the expense" of providing service such as water and sewer service to the area, said Debbie Hammond, who lives on Cornelius Road. Property owners, she said, "will maintain their lifestyle and won't be burdened by city taxes."

Dewayne Cain, Rest Haven's president and founder, agreed.

"This type of agreement could save the city some money and also do what the city wants to accomplish," he said.

Ms. Hammond's husband, Scott Hammond, said the residents wanted to keep their rural lifestyle. For instance, he said, they own livestock and sometimes have to use guns to chase away predators such as coyotes. Residents, Mr. Hammond said, already have what they need in terms of services the city could provide.

"I have water, I have sewer, trash, gas, fire protection, schools," he said. "Annexation will force a lifestyle change upon us. Annexation does not have to take place right now."

Council member Cliff Sevier said he agreed with some of the residents' and landowners' concerns.

"Annexation is important, but what are these people going to get in return for the high taxes they'll have to pay?" he asked.

E-mail imccann@dallasnews.com

 

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