Texas Local Government Code - Section 43.0564. Arbitration Regarding Negotiations For Services
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§ 43.0564. ARBITRATION REGARDING NEGOTIATIONS FOR
SERVICES. (a) If the municipality and the representatives of the
area proposed for annexation cannot reach an agreement for the
provision of services under Section 43.0562 or if the municipality
and the property owner representatives cannot reach an agreement
for the provision of services in lieu of annexation under Section
43.0563, either party by majority decision of the party's
representatives may request the appointment of an arbitrator to
resolve the service plan issues in dispute. The request must be
made in writing to the other party before the 60th day after the
date the service plan is completed under Section 43.056. The
municipality may not annex the area under another section of this
chapter during the pendency of the arbitration proceeding or an
appeal from the arbitrator's decision.
(b) The parties to the dispute may agree on the appointment
of an arbitrator. If the parties cannot agree on the appointment of
an arbitrator before the 11th business day after the date
arbitration is requested, the mayor of the municipality shall
immediately request a list of seven neutral arbitrators from the
American Arbitration Association or the Federal Mediation and
Conciliation Service or their successors in function. An
arbitrator included in the list must be a resident of this state and
may not be a resident of a county in which any part of the
municipality or any part of the district proposed for annexation is
located. The parties to the dispute may agree on the appointment of
an arbitrator included in the list. If the parties cannot agree on
the appointment of an arbitrator before the 11th business day after
the date the list is provided to the parties, each party or the
party's designee may alternately strike a name from the list. The
remaining person on the list shall be appointed as the arbitrator.
In this subsection, "business day" means a day other than a
Saturday, Sunday, or state or national holiday.
(c) The arbitrator shall:
(1) set a hearing to be held not later than the 10th
day after the date the arbitrator is appointed; and
(2) notify the parties to the arbitration in writing
of the time and place of the hearing not later than the eighth day
before the date of the hearing.
(d) The authority of the arbitrator is limited to issuing a
decision relating only to the service plan issues in dispute.
(e) The arbitrator may:
(1) receive in evidence any documentary evidence or
other information the arbitrator considers relevant;
(2) administer oaths; and
(3) issue subpoenas to require:
(A) the attendance and testimony of witnesses;
and
(B) the production of books, records, and other
evidence relevant to an issue presented to the arbitrator for
determination.
(f) Unless the parties to the dispute agree otherwise, the
arbitrator shall complete the hearing within two consecutive days.
The arbitrator shall permit each party one day to present evidence
and other information. The arbitrator, for good cause shown, may
schedule an additional hearing to be held not later than the seventh
day after the date of the first hearing. Unless otherwise agreed to
by the parties, the arbitrator must issue a decision in writing and
deliver a copy of the decision to the parties not later than the
14th day after the date of the final hearing.
(g) Either party may appeal any provision of an arbitrator's
decision that exceeds the authority granted under Subsection (d) to
a district court in a county in which the area proposed for
annexation is located.
(h) If the municipality does not agree with the terms of the
arbitrator's decision, the municipality may not annex the area
proposed for annexation before the fifth anniversary of the date of
the arbitrator's decision.
(i) Except as provided by this subsection, the municipality
shall pay the cost of arbitration. If the arbitrator finds that the
request for arbitration submitted by the representatives of the
area proposed for annexation was groundless or requested in bad
faith or for the purposes of harassment, the arbitrator may require
the area proposed for annexation to pay all or part of the cost of
arbitration.
Added by Acts 1999, 76th Leg., ch. 1167, § 8, eff. Sept. 1, 1999.
Section: 43.0545 43.0546 43.055 43.056 43.0561 43.0562 43.0563 43.0564 43.0565 43.0567 43.057 43.061 43.062 43.063 43.064
Last modified: August 11, 2007
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