Kendall County, Texas—A proposal to create “Constitution City” will not appear on the ballot for the upcoming November election, as legal uncertainties have delayed its progress. Kendall County Judge Shane Stolarczyk is seeking clarification from the Texas Attorney General regarding the legitimacy of the petition that aims to incorporate 177.6 acres in the far northwestern part of the county.
Stolarczyk’s request follows his decision not to sign an order initially approved by the Commissioners Court on August 12. The judge expressed concerns over whether the proposed area meets the necessary population requirement, which includes a minimum of 201 residents to qualify for incorporation under Texas law.
In an August 15 letter to Rick Green, the owner of the Patriot Academy, Stolarczyk outlined his issues with the petition’s proof of residence. He pointed out that legal definitions specify an “inhabitant” as someone who permanently resides in a location, which could differ from a temporary resident. The judge cited Section 8.001(a)(2) of the Texas Code as a requirement for incorporation, noting that he finds the current evidence insufficient to establish that the proposed city has the needed population.
Green, during his presentation to the Commissioners Court, claimed that the area boasted over 201 inhabitants when factoring in the students who attend the Patriot Academy. However, he later referred to having obtained signatures from only 10 of the 11 voting-age residents living within the proposed city limits, casting doubt on the petition’s credibility.
Stolarczyk highlighted that the term “inhabitant” entails a more permanent living situation than “resident,” carrying specific rights and responsibilities that a casual resident might not possess. When Green initially submitted the incorporation petition, Stolarczyk had focused his attention on recovery efforts following July 4 flooding in the Guadalupe River, relying on Green’s assertions that legal precedents supported the incorporation.
The deadline to submit items for the November ballot was August 18. In further communications, Green has indicated that efforts to push for the incorporation will persist. Judge Stolarczyk emphasized that seeking the Attorney General’s opinion would benefit both the petitioners and Kendall County residents regarding Section 8.001 and related laws governing the establishment of a Type C general-law municipality.
This situation underscores the complexities that can arise in local governance and the legal requirements necessary to establish a new municipality. As this matter continues to unfold, it remains to be seen how the Attorney General’s guidance will influence the future of the proposed Constitution City.
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