Texas Attorney General Opinion: WW-296 Page: 3 of 4
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Honorable Joseph C. Ternus, Page 3 (WW-296).
"No city or town in this State shall be
hereafter incorporated under the provisions of
the general charter for cities and towns con-
tained in this title with a superficial area
of more than two square miles, when such town
or city has less than two thousand inhabitants,
nor more than four square miles when such city
or town has more than two thousand and less
than five thousand inhabitants, nor more than
nine square miles, when such city or town has
more than five and less than ten thousand
inhabitants. The mayor and board of aldermen,
immediately after they qualify as such officers,
shall pass an ordinance causing an actual-survey
of the boundaries of such town to be made accord-
ing to the boundaries designated in the petition
for incorporation and the field notes thereof
recorded in the minute book of such town or
city, and also in the record books of deeds in
the county in which such city or town is situated."
Ingleside is a city of between two and five thousand
population, and its recent annexation would enlarge its area
to approximately sixteen square miles, as opposed to the four
square mile limit placed on it by the provisions of the fore-
going statute.
Under these facts the City of Ingleside was without
authority to make the recent annexation and for this reason the
attempted annexation was invalid. City of Port Arthur v. Gaskin,
107 S.W. 2d 610 (Tex. Civ. App. 1937); $purlin v. State, 51 C.A.
266, 115 S.W. 130 (1908). It follows th-at voters living in the
area annexed to the City of Ingleside by the recent annexation
are not legal residents of the City of Ingleside and are not
eligible to vote in the local option election to be held Novem-
ber 9, 1957. Our answer to your second question makes unneces-
sary an answer to your first question.
SUMMARY
Persons residing in area of
recent annexation to the city ofC
cr
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-296, text, November 6, 1957; (https://texashistory.unt.edu/ark:/67531/metapth266907/m1/3/: accessed May 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.