City of Waco v. City of McGregor

523 S.W.2d 649
CourtTexas Supreme Court
DecidedMay 7, 1975
DocketB-4748
StatusPublished
Cited by42 cases

This text of 523 S.W.2d 649 (City of Waco v. City of McGregor) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Waco v. City of McGregor, 523 S.W.2d 649 (Tex. 1975).

Opinions

McGEE, Justice.

The City of Waco (Waco) brought this action against the City of McGregor (McGregor) for declaratory judgment declaring the Annexation Ordinance No. 7058 of McGregor to be void. This ordinance was passed as an emergency measure, without publication or public hearing by the McGregor City Council on December 12, 1966. The ordinance purports to annex a strip of land 261 feet wide, beginning at a point in the east city limit line of McGregor and extending in a northeasterly direction down U.S. Highway 84, approximately five miles, at which point it extended in a northerly direction to include a 900 acre tract of land owned by McGregor and used as a municipal airport. The trial court entered a take-nothing judgment and the court of civil appeals affirmed. 510 S. W.2d 637.

We reverse the judgments of the courts below and render judgment that the Annexation Ordinance of McGregor is void.

At all relevant times McGregor is a general law city having a population of less than 5,000 inhabitants. Waco is a home rule city and there is a dispute in the record as to whether Waco’s population at the relevant time was in excess of 100,000 or fell into the 50,000-100,000 classification. Regardless of the applicable population bracket, the airport and part of the stem extending out to it lie within the exclusive extraterritorial jurisdiction of Waco. The following map shows that the ordinance at[651]*651tempts to annex a strip and the airport which lie outside the extraterritorial jurisdiction of McGregor and within the extraterritorial jurisdiction of Waco.

Article 970a, Vernon’s Tex.Rev.Civ. Stat.,1 commonly referred to as the Municipal Annexation Act, became effective August 23, 1963. It establishes certain limits on annexation and establishes extraterritorial jurisdiction of cities. Section 3, subd. A provides as follows:

“In order to promote and protect the general health, safety, and welfare of persons residing within and adjacent to the cities of this State, the Legislature of the State of Texas declares it to be the policy of the State of Texas that the unincorporated area, not a part of any other city, which is contiguous to the corporate limits of any city, to the extent described herein, shall comprise and be known as the extraterritorial jurisdiction of the various population classes of cities in the State and shall be as follows:
“(1) The extraterritorial jurisdiction of any city having a population of less than five thousand (5,000) inhabitants shall consist of all the contiguous unincorporated area, not a part of any other city, within one half (½) mile of the corporate limits of such city.
“(4) The extraterritorial jurisdiction of any city having a population of fifty thousand (50,000) or more inhabitants, but less than one hundred thousand (100,000) inhabitants shall consist of all [652]*652the contiguous unincorporated area, not a part of any other city, within three and one half (3½) miles of the corporate limits of such city.
“(5) The extraterritorial jurisdiction of any city having a population of one-hundred thousand (100,000) or more inhabitants shall consist of all the contiguous unincorporated area, not a part of any other city, within five (5) miles of the corporate limits of such city.” (Emphasis added).
Section 7 A provides as follows:
“A city may annex territory only within the confines of its extraterritorial jurisdiction; provided, however, that such limitation shall not apply to the annexation of property owned by the city annexing the same.”

In City of West Lake Hills v. State ex rel. City of .Austin, 466 S.W.2d 722 (Tex. 1971) this court found that the legislature has consistently required the extension of any town or city to be limited to contiguous and adjacent areas.

When read together, Section 7A of the Municipal Annexation Act and City of West Lake Hills permit McGregor to annex all property which is within its extraterritorial jurisdiction or which it owns so long as the annexed land is contiguous and adjacent to its corporate limits. In the ordinance attacked here, McGregor has attempted to annex a strip of land which is neither owned by McGregor nor within its extraterritorial jurisdiction. If the annexation of this stem is invalid, then the airport, although owned by McGregor, is not validly annexed as it would not be contiguous to the corporate limits of McGregor. City of West Lake Hills, supra.

It seems clear that McGregor’s Annexation Ordinance No. 7058 was void when it was passed since it attempted to annex territory (the stem from its extraterritorial jurisdiction limits to the airport) which Section 7 of the Municipal Annexation Act prohibited McGregor from annexing. Deacon v. City of Euless, 405 S.W.2d 59 (Tex.1966); State ex rel. Howard v. City of Wichita Falls, 465 S.W.2d 459 (Tex.Civ.App. — Fort Worth 1971, writ ref’d n. r. e.). McGregor does not contend otherwise. McGregor’s position is that the attempted annexation has been validated by Article 974d-12, a general validating statute which became effective June 18, 1967.

Article 974d-12 applies to home rule cities with a population of 6,900 to 7,100 and to all general law cities. Section 2 provides :

“The boundary lines of all such cities and towns, including both the boundary lines covered by the original incorporation proceedings and any subsequent extensions thereof, are hereby in all things validated. No boundary extension of any kind shall be deemed invalid by failure to comply with requirements of publication, whether such requirements are imposed by statute, general law or charter, and such extensions are hereby in all things validated. In the event of multiple annexations covering the same territory, the proceedings prior in time shall prevail despite any irregularities hereby validated.”

The outcome of this case thus depends on the applicability of the above validating act. The question is not one of the power of the legislature — we do not doubt that the legislature could validate an attempted annexation such as this. Rather the question here is one of construction of the validation act, whether the legislature intended to validate attempted annexations such as the one before us. Tex.Rev.Civ.Stat.Ann. art. 10, subd. 6; Calvert v. Texas Pipe Line Co., Tex., 517 S.W.2d 777 (1975).

McGregor asserts that Article 974d-12 is a curative and remedial measure and should be given a liberal construction, relying upon City of Mason v. West Texas Utilities Co., 150 Tex. 18, 237 S.W.2d 273

Free access — add to your briefcase to read the full text and ask questions with AI

Related

City of Ingleside, Texas v. City of Corpus Christi, Texas
469 S.W.3d 589 (Texas Supreme Court, 2015)
Valerie Mantos v. City of Mansfield
Court of Appeals of Texas, 2011
Tommy Earl Landrum Jr. v. State
Court of Appeals of Texas, 2009
Town of Fairview v. City of McKinney
271 S.W.3d 461 (Court of Appeals of Texas, 2008)
City of Cresson v. City of Granbury
245 S.W.3d 61 (Court of Appeals of Texas, 2008)
City of Alton v. City of Mission
Court of Appeals of Texas, 2005
BD. OF CTY. COM'RS OF LARAMIE v. Cheyenne
2004 WY 16 (Wyoming Supreme Court, 2004)
Board of County Commissioners v. City of Cheyenne
2004 WY 16 (Wyoming Supreme Court, 2004)
City of Roanoke v. Town of Westlake
111 S.W.3d 617 (Court of Appeals of Texas, 2003)
Untitled Texas Attorney General Opinion
Texas Attorney General Reports, 2003
Opinion No.
Texas Attorney General Reports, 2003
City of Austin v. City of Cedar Park
953 S.W.2d 424 (Court of Appeals of Texas, 1997)
City of Murphy v. City of Parker
932 S.W.2d 479 (Texas Supreme Court, 1996)
Alexander Oil Company v. City of Seguin
825 S.W.2d 434 (Texas Supreme Court, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
523 S.W.2d 649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-waco-v-city-of-mcgregor-tex-1975.