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Texas Local Government Code - Section 43.0565. Arbitration Regarding Enforcement Of Service Plan

Legal Research Home > Texas Lawyer > Local Government Code > Texas Local Government Code - Section 43.0565. Arbitration Regarding Enforcement Of Service Plan

§ 43.0565. ARBITRATION REGARDING ENFORCEMENT OF SERVICE 
PLAN.  (a) A person who requests arbitration as provided by Section 
43.056(l) must request the appointment of an arbitrator in writing 
to the municipality.
	(b)  Sections 43.0564(b), (c), and (e) apply to appointment 
of an arbitrator and the conduct of an arbitration proceeding under 
this section.
	(c)  In an arbitration proceeding under this section, the 
municipality has the burden of proving that the municipality is in 
compliance with the service plan requirements.
	(d)  If the arbitrator finds that the municipality has not 
complied with the service plan requirements:
		(1)  the municipality may disannex the area before the 
31st day after the date the municipality receives a copy of the 
arbitrator's decision;  and
		(2)  the arbitrator may:                                                      
			(A)  require the municipality to comply with the 
service plan in question before a reasonable date specified by the 
arbitrator if the municipality does not disannex the area;
			(B)  require the municipality to refund to the 
landowners of the annexed area money collected by the municipality 
from those landowners for services to the area that were not 
provided;  and
			(C)  require the municipality to pay the costs of 
arbitration, including the reasonable attorney's fees and 
arbitration costs of the person requesting arbitration.
	(e)  If the arbitrator finds that the municipality has 
complied with the service plan requirements, the arbitrator may 
require the person requesting arbitration to pay all or part of the 
cost of arbitration, including the reasonable attorney's fees of 
the municipality.

Added by Acts 1999, 76th Leg., ch. 1167, § 8, eff. Sept. 1, 1999.          

Last modified: August 11, 2007