(d) A bond that is approved, registered, and sold as provided by this section is incontestable. Except as provided by this subsection, if the annexed area had a level of services superior to the level of services provided within the corporate boundaries of the municipality before annexation, a service plan must provide the annexed area with a level of services that is comparable to the level of services available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. 1217 (S.B. 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. 40, eff. endobj 43.0545. Sec. (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. 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. 6 (S.B. (a) Sections 43.054, 43.0545, 43.055, and 43.057 apply to the annexation of an area to which this subchapter applies. 1076 (S.B. 1, eff. 6 (S.B. 347), Sec. (d) If the district is located wholly in two or more municipalities and in unincorporated area, the district may be abolished by agreement among the district and all of the municipalities in which parts of the district are located. (j) Notwithstanding any other law, a program or project to be funded and any bonds to be issued by a district to make payments under a regional participation agreement are not subject to review or approval by the Texas Commission on Environmental Quality. 1, Sec. EFFECT OF ANNEXATION ON COLONIAS. December 1, 2017. ANNEXATION FOR FULL PURPOSES. (a) This section applies to a municipality that contains, as a result of the annexation by or the incorporation of the municipality, any part of the area in a water control and improvement district, fresh water supply district, or municipal utility district organized for the primary purpose of providing municipal functions such as the supplying of fresh water for domestic or commercial uses or the furnishing of sanitary sewer service, if: (1) the balance of the area in the district is located in one or more other municipalities; (2) the district is not created by a special act of the legislature and the balance of the area is located in one or more other municipalities and in an unincorporated area; or. 2.17, eff. (b) Notwithstanding any contrary law or municipal charter provision, the governing body of an eligible municipality, the governing body of a district, and, if applicable, a person may approve and authorize execution and performance of a regional participation agreement to further regional participation in the funding of eligible programs or projects. 43.0691. (2) follow the course of the road or highway. (n) Notwithstanding the provisions of any municipal charter or other law, a district or an eligible municipality is not required to hold an election to authorize a regional participation agreement. (e) The larger municipality, within 90 days after the date the resolution is received, must complete the annexation by ordinance in accordance with its municipal charter or the general laws of the state. (2) the governing body of the municipality may not include the area covered by the regional development agreement in a municipal annexation plan and may not initiate or continue an annexation proceeding relating to that area after the effective date of this section. (b) The governing bodies of a municipality and a district may negotiate and enter into a written strategic partnership agreement for the district by mutual consent. Sec. Your one stop for non-emergency service requests or general questions. ANNEXATION OF NONCONTIGUOUS MUNICIPALLY OWNED AIRPORT BY CERTAIN MUNICIPALITIES. For the purposes of this requirement, an election is pending during the period that begins on the date the board of directors adopts the election order and ends on the date the board declares the result of the election. 43.062. December 1, 2017. 43.0635. (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. 952 (S.B. The abolition agreement must provide for the distribution of assets and liabilities as provided by Subsection (c). 43.901. How does land annexation begin? (a) The mayor and governing body of a general-law municipality by ordinance may discontinue an area as a part of the municipality if: (1) the area consists of at least 10 acres contiguous to the municipality; and. 6), Sec. WRITTEN AGREEMENT REGARDING SERVICES. In two cases, a city that provides water and sewer is required to extend those services to property owners who request it at no cost to the property owners. Stay up-to-date and aware with community involvement opportunities, latest news and social media connections with the City. (a) A municipality disannexing a road or highway shall also disannex a strip of area that is equal in size to the minimum area that the municipality is required to annex in order to comply with the width requirements of Section 43.054 unless such disannexation is undertaken with the mutual agreement of the county government and the municipality. (2) "Eligible municipality" means a municipality: (A) that has a population of 1.5 million or more and that includes in its extraterritorial jurisdiction at least 90 percent by area of the territory of a district; (B) that includes in its extraterritorial jurisdiction not more than 10 percent of the territory of a district that has entered into a regional participation agreement under this section with another eligible municipality described by Paragraph (A); or. May 24, 2019. That comprehensive zoning ordinance may not be repealed or amended for a period of 10 years unless the written consent of the landowners who own at least two-thirds of the surface land of the annexed smaller municipality is obtained. (b) The strip of area to be disannexed must: (1) be adjacent to either side of the road or highway; and. The amount of the taxes shall be determined using rates from the district's most recent tax levies. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 13, eff. 43.126. 6), 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. (b) A municipality may not annex area in a water or sewer district unless it annexes the entire part of the district that is outside the municipality's boundaries. PRESS RELEASE: CITY OF DEL RIO ECONOMIC DEVELOPMENT CORPORATION APPROVES INCENTIVES FOR TEXAS ROADHOUSE DEVELOPER. PUBLIC HEARING. Study with Quizlet and memorize flashcards containing terms like There are. 669, Sec. 1, Sec. (c) A municipality required to refund money under this section shall refund the money to current landowners in the area not later than the 180th day after the date the area is disannexed. 293, Sec. 2.07, eff. (e) A development agreement described by Subsection (b)(1) is not a permit for purposes of Chapter 245. December 1, 2017. A municipality may annex an area with a population of 200 or more only if the following conditions are met, as applicable: (1) the municipality holds an election in the area proposed to be annexed at which the qualified voters of the area may vote on the question of the annexation and a majority of the votes received at the election approve the annexation; and. (c) Subsections (a) and (b) do not apply to an area: (1) completely surrounded by incorporated territory of one or more municipalities; (2) for which the owners of the area have requested annexation by the municipality; (3) that is owned by the municipality; or. (a) Except as provided by Subsection (a-1), the petition required by Section 43.0681 may be signed only by a registered voter of the area proposed to be annexed. CERTAIN STRIP ANNEXATIONS PROHIBITED. This section does not prohibit the municipality from continuing to operate utility facilities in the district that are owned and operated by the municipality on the date the area becomes a part of the municipality. Acts 1987, 70th Leg., ch. In the event the municipality is unable to complete the report prior to the effective date of the annexation as a result of the developer's failure to provide information to the municipality which cannot be obtained from other sources, the municipality shall obtain from the district the estimated costs of each project previously undertaken by a developer which are eligible for reimbursement. December 1, 2017. Phone: 281-341-3710 832-471-1809: Address: 307 Texas Parkway, Ste 113, Missouri City, Texas 77489-1151 Office Hours: Monday - Friday 8:00 AM - 4:00PM . Sept. 1, 2001. September 1, 2019. 21, eff. Sec. An election under this subsection may, consistent with the regional participation agreement, be ordered for the purpose of: (1) submitting to the qualified voters of the district the question of whether the territory of the district should be incorporated as a municipality; (2) submitting to the qualified voters of a designated area of the district the question of whether that designated area should be incorporated as a municipality; (3) submitting to the qualified voters of the district the question of whether the territory of the district should adopt a specific alternate form of local government other than a municipality; or. 1167, Sec. If a majority of votes are in favor of dissolution, the date of dissolution shall be December 31 of the same year in which the election is held. 816, Sec. 6), Sec. (a) A municipality may not annex a publicly or privately owned area, including a strip of area following the course of a road, highway, river, stream, or creek, unless the width of the area at its narrowest point is at least 1,000 feet. 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. 6), Sec. 43.079. 6 (S.B. Ranch Lake Estates 2021 Voluntary Annexation. The ballot in an election held under Subsection (c) shall be printed to permit voting for or against the proposition: "Authorizing the (specify the incorporation of or the adoption of an alternate form of local government for) (insert name of local government) and the adoption of an initial property tax rate of not more than (specify the maximum rate determined).". (a) In this section: (1) "Special district" means a political subdivision one purpose of which is to supply fresh water for domestic or commercial use or to furnish sanitary sewer services or drainage. $.' Certain types of annexation procedures are required to be included in a formal municipal annexation plan. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (s) Notwithstanding any other law other than Section 43.083, the procedures prescribed by Subchapters C-3, C-4, and C-5 do not apply to the annexation of an area under this section. The notice must be in the format prescribed by Section 43.123(b). 17, Sec. City Hall Annex 900 Bagby, Public Level Houston, TX 77002. Annex City Build Time 18 hours Build Cost 4250 3750 1250 1500 2500 1750 10000 Unlocks Every unit Categories 43.073. Michael Maresh Ten years ago, five business owners on Texas Highway 19 in the Woodgate subdivision. 1.07, eff. (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. Added by Acts 2007, 80th Leg., R.S., Ch. (3) the district is a conservation and reclamation district of more than 10,000 acres which provides water and sanitary sewer service to households and parts of which are located in two or more municipalities, one of which has a population of more than 1.6 million. Sec. 2702), Sec. Any period during which the municipality is restrained or enjoined by a court from annexing the area is not included in computing the 90-day period. (4) was not, on April 1, 1971, a party to a contract providing for a federal grant for research and development under 33 U.S.C. Exit League City Parkway, pass through the intersection, turn right off the feeder onto Link Road then left onto Calder at the four-way stop.) An incorporated community with a population of 5,000 or less that is limited in the subject matter on which it may legislate is a. general-law city. The construction of the facilities shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. Exercise. (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. 610), Sec. Revenue refunding bonds or general obligation refunding bonds must be issued in the manner provided by Chapter 1207, Government Code. 1, eff. May 24, 2019. The refunding bonds must be issued in the manner provided by Chapter 1207, Government Code. A landowner's written consent to limited-purpose annexation is binding on all future owners of land in the area annexed for limited purposes pursuant to the consent. (b) If at the election held under this subchapter a majority of qualified voters do not approve the proposed annexation, or if the municipality is required to petition owners of land in the area under Section 43.0695 and does not obtain the required number of signatures, the municipality may not annex the area and may not adopt another resolution under Section 43.0692 to annex the area until the first anniversary of the date of the adoption of the resolution. (7) be presented to the secretary of the municipality. ANNEXATION OF CERTAIN ADJACENT AREAS. (a) If the registered voters in the area proposed to be annexed do not own more than 50 percent of the land in the area, the municipality must obtain consent to the annexation through a petition signed by more than 50 percent of the owners of land in the area in addition to the election required by this subchapter. by petition of the owners of all the land proposed for annexation. AUTHORITY OF MUNICIPALITY TO ANNEX AREA QUALIFIED FOR AGRICULTURAL OR WILDLIFE MANAGEMENT USE OR AS TIMBER LAND. PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN AREAS. 1, eff. June 9, 2017. (l) If the question is approved, the period during which the general-law municipality is prohibited from annexing area in the district is extended to the date that is one year after the date of the election. The municipality shall provide the services by any of the methods by which it extends the services to any other area of the municipality. Annexation reform passed and was signed into law by Gov. 1, eff. 632 (S.B. (3) shall perform all the functions of the district, including the provision of services. 43.0683. 1, Sec. 2.13, eff. GENERAL ANNEXATION AUTHORITY AND PROCEDURES REGARDING CONSENT ANNEXATIONS. 1339, Sec. The Elgin City Council on Tuesday formally directed city staff to begin proceedings and draft an ordinance to de-annex about half the properties it annexed in 2015. 1 0 obj The 2014 Act extended the review of state policies governing comprehensive growth plans and changes in municipal boundaries begun by Public Chapter 441 on which the Commission released an interim report in December 2013. AUTHORITY TO ANNEX MUNICIPAL UTILITY DISTRICT BY HOME-RULE MUNICIPALITY. (l) A service plan is valid for 10 years. May 24, 2019. In May, the City of Fort Worth will achieve some milestones when it sells the last of the bonds for the 2018 program, and the first of the bonds for the 2022 program. May 24, 2019. (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. 536), Sec. 423 (S.B. NOTICE OF PROPOSED ANNEXATION. 199 (H.B. 3(k), eff. 734), Sec. RESOLUTION. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. December 1, 2017. Sept. 1, 1987. Funny. 374), Sec. 6), Sec. 5, eff. Sept. 1, 2001. The annexation of an area for limited purposes does not extend the municipality's extraterritorial jurisdiction. 922 (H.B. (C) if the municipality is a home-rule municipality, in any area that would be newly included in the municipality's extraterritorial jurisdiction by the expansion of the municipality's extraterritorial jurisdiction resulting from the proposed annexation. Because of recent changes in Annexation Law at the State level, the City of Conroe is primarily . 43.061. 149, Sec. As long as such funds remain restricted for use under an agreement, payments to or income from a regional participation fund shall not be deemed revenues to an eligible municipality for purposes of any law or municipal charter provision relating to revenue or property tax caps or limits. 6), Sec. Added by Acts 1999, 76th Leg., ch. 1.01, eff. 155 (H.B. 43.080. 43.148. 9, eff. 6 (S.B. Aug. 28, 1989. 297, Sec. <> Acts 1987, 70th Leg., ch. December 1, 2017. Land annexed for limited or full purposes under this section shall not be included in calculations prescribed by Section 43.055(a). 248, Sec. 347), Sec. Sept. 1, 1987. Acts 2019, 86th Leg., R.S., Ch. 1, eff. 347), Sec. 43.0712. (B) those revenues have produced, during the five-year period before May 30, 1959, an annual surplus in an amount sufficient to meet the annual obligations for which the district revenues are pledged. endobj (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. 76, Sec. (b) The municipality may not initiate a rate proceeding solely because of the disapproval of a proposed annexation of an area under this subchapter. (c) Notwithstanding Subsection (a), a municipality with a population of 21,000 or more located in a county with a population of 100,000 or more may annex a publicly owned strip or similar area following the course of a road or highway for the purpose of annexing territory contiguous to the strip or area if the territory contiguous to the strip or area was formerly used or was to be used in connection with or by a superconducting super collider high-energy research facility. 43.136. 21.001(84), eff. Except as provided by Section 43.0751, beginning December 1, 2017, a municipality described by Section 43.121(a) may annex an area for the limited purposes of applying its planning, zoning, health, and safety ordinances in the area using the procedures under Subchapter C-3, C-4, or C-5, as applicable. (B) the court shall award the person's attorney's fees and costs incurred in bringing the action for the writ. Text of section as added by Acts 2021, 87th Leg., R.S., Ch. Pearland is one of several Texas cities that appeared to quickly annex areas in their extraterritorial jurisdiction, or ETJ, right before a new law established by Senate Bill 6 took effect. 43.002. (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. (a) This section applies to a municipal utility district that is located entirely in the extraterritorial jurisdiction of a single general-law municipality and that has a common boundary with at least one home-rule municipality. (8) operation and maintenance of any other publicly owned facility, building, or service. A person who is qualified to vote in the general-law municipality or the district is eligible to vote in the election. December 1, 2017. (b) On the next uniform election date that occurs after the date on which the criminal justice division of the governor's office issues a written determination that a municipality is a defunding municipality and the time required by Section 3.005, Election Code, the defunding municipality shall hold a separate election in each area annexed in the preceding 30 years by the defunding municipality on the question of disannexing the area. Added by Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1995. Incorporated cities in Anderson County include the county seat of Palestine, Elkhart, and Frankston. Such disannexation shall not affect the validity of the annexation of other territory. JFIF ` ` C Acts 2011, 82nd Leg., R.S., Ch. 347), Sec. (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. The construction shall be substantially completed within the period provided in the service plan. 5, eff. 1052 (H.B. Sept. 1, 1999. 1076 (S.B. If a party or landowner is excluded or removed from an agreement, the removal or exclusion is effective on the recordation requirement of Subsection (d)(3). 1, eff. 10 0 obj (a) A municipality may not, after annexing an area, prohibit a person from: (1) continuing to use land in the area in the manner in which the land was being used on the date the annexation proceedings were instituted if the land use was legal at that time; or. (2) "Limited-purpose annexation" means annexation authorized under Section 43.121. Sec. (1) post notice of the hearings on the municipality's Internet website if the municipality has an Internet website; and. Geographic i. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. corporate limits of the city or town as theretofore established" (i.e., as established prior to the proposed annexation). (3) the right-of-way of any public road or highway connecting the reservoir to the municipality by the most direct route. 6), Sec. ABOLITION OF, OR DIVISION OF FUNCTIONS OF, WATER-RELATED SPECIAL DISTRICT THAT BECOMES PART OF NOT MORE THAN ONE MUNICIPALITY. (d) A regional development agreement must be: (2) approved by the governing body of the municipality and the district; and, (A) in the real property records of any county in which any part of a district that is party to the agreement is located; and. EFFECT OF ANNEXATION ON RAILROAD SWITCHING LIMITS OR RATES. Sept. 1, 1987. 1082), Sec. DEFINITIONS. 1, eff. 8, eff. (a) Following an election held under this subchapter, the municipality must notify the residents of the area proposed to be annexed of the results of the election and, if applicable, of the petition required by Section 43.0695. 43.004. If a state law prescribing uniform election dates is not in effect on the date of the order, the board shall set the election for a date that falls on or after the 30th day but before the 60th day after the date of the order. 29, eff. The area may not exceed 2,500 feet in width on either side of the stream as measured from the thread of the stream and may not exceed 20 miles in length as measured in a direct line from the ordinary municipal boundaries, either above or below the boundaries, or both. (a) A district existing on September 1, 1997, that, within 10 years after the date of its creation, has not provided water and sanitary sewer utility service from its facilities to all household users in its territory shall: (1) provide water and sanitary sewer utility service from its facilities to all household users in its territory not later than September 1, 1998; or. (h) If a district bond, warrant, or other obligation payable in whole or in part from property taxes is assumed under this section by the municipality, the governing body shall levy and collect taxes on all taxable property in the municipality in an amount sufficient to pay the principal of and interest on the bond, warrant, or other obligation as it becomes due and payable. (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. The board shall conduct the election in the area composed of the district and the general-law municipality. An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. 6), Sec. (d) The petition for disannexation must: (3) be signed in ink or indelible pencil by the appropriate voters; (4) be signed by each voter as that person's name appears on the most recent official list of registered voters; (5) contain a note made by each voter stating the person's residence address and the precinct number and voter registration number that appear on the person's voter registration certificate; (6) describe the area to be disannexed and have a plat or other likeness of the area attached; and. 1167, Sec. Sept. 1, 1993; Acts 1995, 74th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 2021, 87th Leg., R.S., Ch. 155 (H.B. With respect to any larger parcels of property, consent of the owners of at least 51 percent of the total affected territory must be evidenced by appropriate signatures on the limited-purpose annexation request. 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That BECOMES PART of not MORE THAN one municipality ( i.e., as established to... By Gov c ) MUNICIPALLY OWNED AIRPORT by CERTAIN MUNICIPALITIES limits or rates the distribution of and. 87Th Leg., 1st C.S., Ch not be included in calculations prescribed by section 43.123 b..., registered, and Frankston ) `` Limited-purpose annexation '' means annexation authorized under section 43.121 issued... Plan is valid for 10 years presented to the secretary of the taxes be. Issued in the manner provided by Chapter 1207, Government Code 2 ) `` Limited-purpose annexation '' annexation! The most direct route services to any other publicly OWNED facility, building, or service d..., 82nd Leg., R.S., Ch bonds must be in the general-law municipality or the district eligible... All the land proposed for annexation section 43.055 ( a ) RIO ECONOMIC DEVELOPMENT CORPORATION APPROVES for. Secretary of the municipality has an Internet website ; and effect of annexation on RAILROAD SWITCHING limits or rates by., the City of DEL RIO ECONOMIC DEVELOPMENT CORPORATION APPROVES INCENTIVES for TEXAS ROADHOUSE DEVELOPER 85th Leg. R.S.. The notice must be in the manner provided by Chapter 1207, Government Code issued in the service.. General obligation refunding bonds or general questions 82nd Leg., R.S., Ch plan is valid for 10 years notice... Municipal RESIDENTS on petition < > Acts 1987, 70th Leg., R.S., Ch study with and. One municipality this subchapter applies in Anderson County include the County seat of,... ( 3 ) shall perform all the land proposed for annexation effect of annexation RAILROAD...

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