6 (S.B. 2.01, eff. (b) The municipality may annex the area if: (1) none of the area is more than five miles from the municipality's boundaries; (2) none of the area is in another municipality's extraterritorial jurisdiction; and. 6), Sec. 952 (S.B. 43.125. 9 0 obj
For text of section as added by Acts 2021, 87th Leg., R.S., Ch. Sec. Added by Acts 2015, 84th Leg., R.S., Ch. PROVISION OF SERVICES TO ANNEXED AREA. The district court shall enter an order disannexing the area if the court finds that a valid petition was filed with the municipality and that the municipality failed to: (1) perform its obligations in accordance with: (A) the service plan under Section 43.056; (B) the written agreement entered into under Section 43.0672; or, (C) the resolution adopted under Section 43.0682 or 43.0692, as applicable; or. (2) state the date on or before which the municipality shall annex the area for full purposes, which date must be within three years after the date the area is annexed for limited purposes. endobj
If the property is 1. Amendments, De-annexations, Dissolutions, Annexation Ordinances and Annexation Maps . GENERAL AUTHORITY TO ANNEX. RETALIATION FOR ANNEXATION DISAPPROVAL PROHIBITED. (C) previously disannexed territory in a municipal utility district originally annexed for full purposes on the same date as a district to which this section applies. (i) A district may contract with any person for services or facilities to be provided at no cost to the district or for the payment of funds by the person in support of a regional development agreement. PETITION. INVALIDATION OF ANNEXATION OF SPECIAL DISTRICT; REIMBURSEMENT OF DEVELOPER. 149, Sec. If a party, land, or landowner is excluded or removed from an agreement, the removal or exclusion is effective on the recordation of the amendment, supplement, modification, or restatement of the agreement implementing the removal or exclusion. 1949), Sec. 1217 (S.B. Acts 2017, 85th Leg., 1st C.S., Ch. 1, Sec. Acts 2017, 85th Leg., 1st C.S., Ch. Sept. 1, 1989; Acts 2003, 78th Leg., ch. Acts 2017, 85th Leg., 1st C.S., Ch. ANNEXATION OF ROAD RIGHTS-OF-WAY ON REQUEST OF OWNER OR MAINTAINING POLITICAL SUBDIVISION. (b) On receipt of the district's petition, the governing body of the municipality shall enter into negotiations with the district for an agreement to alter the status of annexation that must: (1) specify the period, which may not be less than 10 years beginning on January 1 of the year following the date of the agreement, in which limited-purpose annexation is in effect; (2) provide that, at the expiration of the period, the district's annexation status will automatically revert to full-purpose annexation without following procedures provided by Section 43.014 or any procedural requirement for annexation not in effect on January 1, 1995; and. (3) each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of-way is in the area proposed for annexation. 6), Sec. Sept. 1, 1995. SUBCHAPTER A-1. 43.0755. (k) Notwithstanding any defect, ambiguity, discrepancy, invalidity, or unenforceability of a regional development agreement that has been voluntarily entered into and fully executed by the parties thereto, or any contrary law, common law doctrine, or municipal charter provision, and for the duration of any annexation deferral period established in the regional development agreement during which a district continues to perform its obligations under the regional development agreement: (1) Sections 42.023 and 42.041(b)-(e) do not apply to any land or owner of land within a district that is a party to the regional development agreement; and. 155 (H.B. (a) The governing body of a municipality must conduct an initial public hearing not earlier than the 21st day and not later than the 30th day after the date the governing body adopts the resolution under Section 43.0692. Training . 43.101. AUTHORITY OF MUNICIPALITY TO ANNEX INDUSTRIAL DISTRICTS. (b) In each of the three years for which an area may be annexed for limited purposes, the municipality must take the steps prescribed by this subsection toward the full-purpose annexation of the area. 1167, Sec. June 10, 2019. PROCEDURES APPLICABLE. 43.0692. Amended by Acts 1989, 71st Leg., ch. (c) The municipality may not proceed with the annexation unless the municipality provides the required notice. 1052 (H.B. RETALIATION FOR ANNEXATION DISAPPROVAL PROHIBITED. 1167, Sec. 149, Sec. 2, eff. (i) If only a part of the area to be annexed is actually annexed, the governing body shall direct the department to prepare a revised service plan for that part. EFFECT OF ANNEXATION ON VOTING RIGHTS, ELIGIBILITY FOR OFFICE, AND TAXING AUTHORITY. (a) A municipality with a population of 350,000 or less shall provide access to services provided to an annexed area under a service plan described by Section 43.056 that is identical or substantially similar to access to those services in the municipality. AUTHORITY OF TYPE A GENERAL-LAW MUNICIPALITY TO ANNEX AREA IT OWNS. (l) If a majority of the voters voting in an election under Subsection (c)(1) or (3) approve the proposition submitted on the form of local government for the territory of the district, the assets, liabilities, and obligations of the district are transferred to the form of government approved at the election. (a) In this section, "colonia" means a geographic area that consists of 11 or more dwellings that are located in close proximity to each other in an area that may be described as a community or neighborhood and that: (1) has a majority population composed of individuals and families of low income and very low income, as defined by Section 2306.004, Government Code, and based on the federal Office of Management and Budget poverty index, and that meets the qualifications of an economically distressed area under Section 17.921, Water Code; or. June 10, 2019. (e) Subject to compliance with Subsection (d)(1) and (3), another district may join or become a party to a regional development agreement in the manner authorized in the agreement. Aug. 28, 1989. (k) If all the area in the district becomes a part of the municipality, the municipality, unless the refunding authorized by Subsection (l) has been accomplished, shall separately operate the district and municipal systems and property and may not commingle revenue if the municipality has outstanding bonds, warrants, or other bonded obligations payable from and secured by a pledge of the net revenue of its own utility system or property and does not have an amount annually accruing to its surplus revenue fund that exceeds the amount of the fund pledged to the payment of outstanding municipal obligations and that is sufficient to meet the annual obligations for which the district revenues are pledged. 6 (S.B. 1339, Sec. Amended by Acts 1989, 71st Leg., ch. 55(a), eff. (B) contains fewer than one occupied residence or business structure for every two acres and fewer than three occupied residences or business structures on any one acre. Amended by Acts 1989, 71st Leg., ch. The municipality may combine the district system or property with the municipality's similar system or property if: (1) the municipality has no outstanding revenue bonds, warrants, or other obligations payable from and secured by a pledge of the net revenue of its own utility system or property; or, (A) has outstanding obligations payable from and secured by a pledge of net revenues sufficient to meet the outstanding obligations; and. AUTHORITY OF HOME-RULE MUNICIPALITY TO ANNEX AREA AND TAKE OTHER ACTIONS REGARDING BOUNDARIES. 43.0683. Before any amendment is adopted, the governing body must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.063. June 14, 2021. 341 (S.B. Sec. The construction shall be substantially completed within the period provided in the service plan. (b) An annexation agreement for which a disclosure is not provided in accordance with Subsection (a) is void. Acts 2017, 85th Leg., 1st C.S., Ch. That operating contract may extend for a period, not to exceed 30 years, stipulated in the contract and is subject to amendment, renewal, or termination by the mutual consent of the governing bodies. All outstanding liabilities of the smaller municipality are assumed by the larger municipality. Sec. (e) This section repeals a municipal charter provision to the extent of a conflict with this section. Acts 1987, 70th Leg., ch. 36, eff. (i) The municipality may issue revenue refunding bonds or general obligation refunding bonds in its own name to refund in whole or in part its pro rata share of any outstanding district bonds, warrants, or other obligations, including unpaid earned interest on them, that are assumed by the municipality and that are payable solely from net revenues. Study with Quizlet and memorize flashcards containing terms like There are. 13, eff. Notice of public hearings conducted by the governing body of a district under this subsection shall be given in accordance with the district's notification procedures for other matters of public importance. Sec. (a) The disapproval of the proposed annexation of an area under this subchapter does not affect any existing legal obligation of the municipality proposing the annexation to continue to provide governmental services in the area, including water or wastewater services, regardless of whether the municipality holds a certificate of convenience and necessity to serve the area. 922 (H.B. 610), Sec. (3) the municipality may collect a waste and wastewater surcharge for customers in the district after restoration of full-purpose annexation provided that: (A) notice of such proposed surcharge is provided to the board of a district six months prior to restoration of full-purpose annexation; (B) the surcharge does not exceed the cost of a post-annexation surcharge to any other district annexed by the municipality; and. (d) The municipality may annex the area even if part of the area is outside the municipality's extraterritorial jurisdiction or is narrower than the minimum width prescribed by Section 43.054. Acts 2019, 86th Leg., R.S., Ch. 6), Sec. ELECTION. Acts 1987, 70th Leg., ch. Gather your sensitive documents and bring them to be shredded free of charge. 14 0 obj
(m) This section does not require that a uniform level of full municipal services be provided to each area of the municipality if different characteristics of topography, land use, and population density constitute a sufficient basis for providing different levels of service. 1472), Sec. The governing bodies of a municipality and a district may conduct joint public hearings under this subsection, provided that at least one public hearing is conducted within the district. (2) the special district shall resume the use of the utilities acquired and paid for by the municipality and shall thereafter acquire the utilities from the municipality and reimburse the municipality for amounts the municipality paid the developer. 43.128. Sec. 297, Sec. 1, eff. Sec. (f) After the adoption of the ordinance extending the municipal boundaries, the municipality may fully regulate navigation, wharfage, including wharfage rates, and all facilities, conveniences, and aids to navigation or wharfage. A digital map required under this section must be made available without charge and in a format widely used by common geographic information system software or in any other widely used electronic format if the municipality does not have common geographic information system software. 1, eff. The section on Additional Phase gives the declarant the right to annex any additional land to the terms of the CCRs without the consent of any party of the existing HOA. 50 qualified voters in a general law city)-Washington (qualified voters in city equal to 10%+ of the number of votes cast in the last general election) 6. . 43.004. 35, eff. 43.0687. 3(k), eff. Sept. 1, 1997. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 1, eff. Sec. Sept. 1, 1999. (2) if the registered voters of the area do not own more than 50 percent of the land in the area, the petition described by Subdivision (1) is signed by more than 50 percent of the owners of land in the area. Except as otherwise provided by this section, Subchapter B, Chapter 1502, Government Code, applies to the revenue refunding bonds, but an election for the issuance of the bonds is not required. (2) the first hearing under Section 43.063, 43.0683, or 43.0693. 3(c), eff. The notice must include: (1) a description of the area that has been included in the municipality's annexation plan; (2) a statement that the completed annexation of that area will expand the municipality's extraterritorial jurisdiction to include all or part of the property owner's property; (3) a statement of the purpose of extraterritorial jurisdiction designation as provided by Section 42.001; and. The municipality that provides the service in the unincorporated area may charge its usual and customary fees and assessments to the customers in that area. December 1, 2017. 2, eff. Acts 2019, 86th Leg., R.S., Ch. 44, eff. Sec. Question to be submitted--"whether they consent to such proposed annexation to the corporate limits of the city or town." (33:157). (8) such other lawful terms that the parties consider appropriate. December 1, 2017. Acts 2005, 79th Leg., Ch. Acts 2011, 82nd Leg., R.S., Ch. There are a couple reasons why they are unlikely to do that: With you no longer paying fees, everybody else's fees will probably go up. (k) During the time that an election under this section is pending, the general-law municipality may not annex area in the district. June 15, 2007. 36, eff. 155 (H.B. September 1, 2019. (d) Area annexed under Subsection (b) is included in computing the amount of area that a municipality may annex under Section 43.055 in a calendar year. 6), Sec. (2) if the area was annexed under Subchapter C-3, C-4, or C-5, within the period specified by the written agreement under Section 43.0672 or the resolution under Section 43.0682 or 43.0692, as applicable. (2) has the physical and economic characteristics of a colonia, as determined by the Texas Department of Housing and Community Affairs. 43.131. Additional Info. (b) A municipality that proposes to annex an area located in an industrial district subject to a contract described by Section 42.044(c) may initiate the annexation only: (1) on or after the date the contract expires, including any period renewing or extending the contract; or. Aug. 28, 1989. 43.0673. Sec. 3(f), eff. 1, eff. 2.05, eff. The agreement must also provide for the distribution among one or more of the municipalities of the pro rata assets and liabilities located in the unincorporated area and must provide for service to customers in unincorporated areas in the service area of the abolished district. SUBCHAPTER C-5. PROVISION OF CERTAIN SERVICES TO ANNEXED AREA. <>>>
6 (S.B. Read more. 822, Sec. 1349), Sec. (3) all the area of the district is annexed. (f) In any election ordered under Subsection (c), the governing body of the district shall also submit for confirmation to the voters voting in the election the proposed initial property tax rate determined for the municipality or alternate form of government, as applicable, which may not exceed the maximum rate authorized by law. September 1, 2019. Sec. Sept. 1, 1987. However, the municipality does not violate this subsection if the construction process is interrupted for any reason by circumstances beyond the direct control of the municipality. Sec. Authorized to offer $5 million for Texas, his conduct in "negotiation" became so offensive he had to be removed. For an annexation occurring prior to the effective date of the changes in law made by this Act in amending Subsection (b), a delinquent sum begins incurring a penalty on the first day of the eighth month following the month in which the municipality enacted its annexation ordinance. (9) public safety and security, including law enforcement, firefighting and fire prevention, emergency services and facilities, and homeland security. September 1, 2011. (1) project the kinds and levels of development that will occur in the area in the next 10 years if the area is not annexed for limited purposes and also if the area is annexed for limited purposes; (2) describe the issues the municipality considers to give rise to the need for the annexation of the area for limited purposes and the public benefits to result from the limited-purpose annexation; (3) analyze the economic, environmental, and other impacts the annexation of the area for limited purposes will have on the residents, landowners, and businesses in the area; and. May 24, 2019. by petition of the owners of all the land proposed for annexation. Sec. 6), Sec. On finding that the municipality has failed to take the steps required by Section 43.127(b), the court shall enter an order requiring the municipality to annex the area for full purposes or to disannex the area. The board shall conduct the election in the area composed of the district and the general-law municipality. Sec. (f) During the period of limited-purpose annexation: (1) the district may not use bond proceeds to pay for impact fees but must comply with other items in its consent agreement with the municipality; (A) must continue to provide wholesale water and sewer service as provided by the consent agreement; and, (B) is relieved of service obligations in the district that are not provided to other territory annexed for limited purposes or required by the annexation alteration agreement between the municipality and the district; and. (n-1) At the conclusion of the term of an agreement between a municipality and a district under Subsection (n), the district and the municipality may extend the agreement for a period not to exceed 10 years. 1163 (H.B. June 10, 2019. The protest must state the name, address, and age of each protester who signs. Any obligation to reimburse the developer may be paid in installments over a three-year period. 1064, Sec. <>
1(2), eff. Acts 2017, 85th Leg., 1st C.S., Ch. AUTHORITY OF MUNICIPALITY TO ANNEX NAVIGABLE STREAM. (2) if the registered voters of the area do not own more than 50 percent of the land in the area, the municipality obtains consent to annex the area through a petition signed by more than 50 percent of the owners of land in the area. -Texas (cities with less than 5,000 residents) (citywide)(majority)-Wisconsin (only to appeal city decision to approve deannexation petition)(citywide)(majority) 27. 55(a), eff. <>
(a) Before the 10th day before the date the first hearing required by Section 43.124 is held, the municipality must prepare a report regarding the proposed annexation of an area for limited purposes and make the report available to the public. A municipality may annex an area with a population of less than 200 only if the following conditions are met, as applicable: (1) the municipality obtains consent to annex the area through a petition signed by more than 50 percent of the registered voters of the area; and. Sec. 41, eff. (a) This section applies only to a municipality that: (1) is wholly or partly located in a county in which a majority of the population of two or more municipalities, each with a population of 300,000 or more, are located; and, (A) is wholly surrounded by a municipality and within the municipality's extraterritorial jurisdiction; and. 347), Sec. Sec. The abolition of the district does not impair or otherwise affect a contract between the district and a flood control district or other governmental agency for the operation or maintenance of levees or other flood control works, but the municipality assumes the rights and obligations of the district under the contract. Acts 1987, 70th Leg., ch. The trustees are appointed for the terms and shall perform the duties as provided by the agreement made under Subsection (c) or (d). 822, Sec. (b) When a majority of the votes received in the election favor discontinuing the area as part of the municipality, the mayor shall declare that the area is no longer a part of the municipality and shall enter an order to that effect in the minutes or records of the governing body of the municipality. (e) The annexation under this section of area outside the extraterritorial jurisdiction of the annexing municipality does not expand the extraterritorial jurisdiction of the municipality. (B) the governing body of which adopts, by a vote of at least two-thirds of its entire membership, an ordinance making this section applicable to the municipality. 1, eff. 6 (S.B. Annex City Build Time 18 hours Build Cost 4250 3750 1250 1500 2500 1750 10000 Unlocks Every unit Categories Sept. 1, 1999. Annexing a city will increase its production rate from 25% to 50%. (d) Upon the request of any residents of a district subject to this section the municipality may conduct an election on a uniform election date at which election voters who are residents of the district may vote for or against a ballot proposal to dissolve the district. The municipality shall provide the services by any of the methods by which it extends the services to any other area of the municipality. (2) that the abolition of the district is in the best interests of the residents and property in the municipality and the district. Acts 2007, 80th Leg., R.S., Ch. The municipality may annex for limited purposes any land for which the landowner requests annexation and provides to the municipality before the effective date of the annexation the landowner's written consent to annexation for limited purposes. (e) Signatures collected on the petition must be in writing. 347), Sec. Under the new rules, all Texas cities must annex under what was previously known as the Tier 2 procedures (although the Tier 2 moniker will no longer be used). 43.061. APPLICABILITY. 43.905. 103 (S.B. 6), Sec. 1.06, eff. U.S. Minister to Mexico 1830-35. ABOLITION OF WATER-RELATED SPECIAL DISTRICT CREATED WHOLLY IN MUNICIPALITY. September 1, 2019. RESULTS OF ELECTION AND PETITION. 1082), Sec. Amended by Acts 1989, 71st Leg., ch. (Name of City/County 2) lies west of (Name of City/County 1) and is the gateway to the jurisdiction. 43.145. 43.015. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 155 (H.B. (a) This section applies to a service plan under Section 43.065. 1, eff. Subject to Subsection (f), the agreement must provide for the distribution among the municipalities of the property and other assets of the district and for the pro rata assumption by the municipalities of all the debts, liabilities, and obligations of the district. 669, Sec. Sept. 1, 1987. Acts 2007, 80th Leg., R.S., Ch. December 1, 2017. Except to the extent it is inconsistent with this section, Chapter 321, Tax Code, governs the imposition, computation, administration, governance, and abolition of the sales and use tax. 1015), Sec. Acts 1987, 70th Leg., ch. 149, Sec. The system or property shall be operated in that manner until all the revenue bonds, warrants, or obligations are retired in full by payment or by the refunding of the bonds, warrants, or other obligations into municipal obligations. 43.052. (e) This subsection applies only to a home-rule municipality. PUBLIC HEARING. 43.012. (j) If the municipality combines the systems or property as provided by Subsection (i), it shall levy on all property subject to taxation by the municipality an annual property tax at a rate that, when combined with other available municipal funds and revenues, is sufficient to pay the principal of and interest on the outstanding obligations. 1, eff. 347), Sec. 3(k), eff. Acts 1987, 70th Leg., ch. Sec. 393, Sec. Sec. 1, eff. 62, eff. AUTHORITY TO ANNEX. 43.144. (a) A majority of the qualified voters of an annexed area may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide services or to cause services to be provided to the area: (1) if the area was annexed under Subchapter C-1, within the period specified by Section 43.056 or by the service plan prepared for the area under that section; or. Added by Acts 2017, 85th Leg., 1st C.S., Ch. Sept. 1, 1999. 768, Sec. Certain types of annexation procedures are required to be included in a formal municipal annexation plan. Sec. Amended by Acts 1997, 75th Leg., ch. Aug. 28, 1989. The bills may affect your ability to annex across a county road or state highway. Acts 2017, 85th Leg., R.S., Ch. 43.905 by Acts 2001, 77th Leg., ch. (2) appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter. December 1, 2017. 1, eff. (2) must provide benefits to each party, including revenue, services, and regulatory benefits, that must be reasonable and equitable with regard to the benefits provided by the other party. 248, Sec. (b) If the municipality does not obtain the number of signatures on the petition required to annex the area, the municipality may not annex the area and may not adopt another resolution under Section 43.0682 to annex the area until the first anniversary of the date the petition period ended. December 1, 2017. (1) require the creation of another political subdivision; (2) require a landowner in the area to fund the capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395 unless otherwise agreed to by the landowner; (3) provide services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the municipality before annexation; (4) provide services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the area before annexation; or. 734), Sec. 1420, Sec. 248, Sec. 1420, Sec. A municipality may impose within the boundaries of a district a municipal sales and use tax authorized by Chapter 321, Tax Code, or a municipal hotel occupancy tax authorized by Chapter 351, Tax Code, that is imposed in the municipality if: (1) the municipality has annexed the district for limited purposes under this section; or. Sec. 43.0695. 43.062. Amended by Acts 1989, 71st Leg., ch. 632 (S.B. 149, Sec. 822, Sec. The municipality may issue refunding bonds or warrants to refund bonds, warrants, or other obligations, including unpaid earned interest on them, that is assumed by the municipality. 6), Sec. 6 (S.B. SUBCHAPTER C-4. (c) The ordinance ordering the election must provide for the submission of the question at an election to be held on the first uniform election date prescribed by Chapter 41, Election Code, that occurs after the 30th day after the date the ordinance is adopted and that affords enough time to hold the election in the manner required by law. Sec. If a petition protesting the annexation of an area under this subchapter is signed by a number of registered voters of the municipality proposing the annexation equal to at least 50 percent of the number of voters who voted in the most recent municipal election and is received by the secretary of the municipality before the date the election required by this subchapter is held, the municipality may not complete the annexation of the area without approval of a majority of the voters of the municipality voting at a separate election called and held for that purpose. June 14, 2021. (m) Notwithstanding any defect, ambiguity, discrepancy, invalidity, or unenforceability of a regional participation agreement that has been voluntarily entered into and fully executed by the parties, or any contrary law, common law doctrine, or municipal charter provision, and for the duration of any annexation deferral period established in the agreement during which a district continues to perform its obligations under the agreement: (1) Section 42.023 and any other law or municipal charter provision relating to the reduction of the extraterritorial jurisdiction of an eligible municipality that is a party do not apply, and Sections 42.041(b)-(e) do not apply to any land or owner of land within a district that is a party; (2) the governing body of an eligible municipality that is a party may not initiate or continue an annexation proceeding relating to that area but may include the area covered by the agreement in a municipal annexation plan; and. (c) If the owner of a right-of-way proposed to be annexed under this section is a governmental entity, the entity may specify the location at which a municipality must deliver notice under Subsection (b). 1, eff. George W. Bush Even if your HOA has a de-annexation clause, the chances of getting out by using it are slim. 43.064. Acts 2019, 86th Leg., R.S., Ch. 37, eff. Refunding bonds must bear interest at the same rate or at a lower rate than that borne by the refunded obligations unless it is shown mathematically that a different rate results in a savings in the total amount of interest to be paid. A municipality with a population of more than 175,000 located in a county that contains an international border and borders the Gulf of Mexico may not annex an area that would cause another municipality to be entirely surrounded by the corporate limits or extraterritorial jurisdiction of the annexing municipality. 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