2.01, eff. For text of section as added by Acts 2021, 87th Leg., R.S., Ch. Sec. This subchapter applies to: (1) a municipal utility district operating under Chapter 54, Water Code, that: (A) was annexed for full purposes by a municipality as a condition of the municipality granting consent to the creation of the district; (B) was annexed by the municipality on the same date as at least five other districts; and, (C) has not had on the eighth anniversary of the district's annexation by the municipality more than 10 percent of the housing units or commercial square footage authorized in its consent agreement constructed; and. 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. Sections 1155(a)(2) and (d). 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. The governing body may make written contracts or agreements with the owners of land in the industrial district, to guarantee the continuation of the limited purpose annexation status of the district and its immunity from general purpose annexation for a period not to exceed 10 years. MUNICIPAL ANNEXATION PLAN REQUIRED. (2) "Delinquent sum" means the sum a municipality has failed to timely pay to a landowner or developer under Subsection (b). 15 0 obj (3) shall perform all the functions of the district, including the provision of services. Sec. The board shall conduct the election in the area composed of the district and the general-law municipality. 6 (S.B. If more than one district was created on the same date and the districts are contiguous, the election shall be a combined election of all such districts, with a majority of votes cast by all residents of the districts combined required for dissolution of the districts. ANNEXATION BY CERTAIN MUNICIPALITIES OF LAND OWNED BY NAVIGATION DISTRICT. December 1, 2017. <> 1349), Sec. The office sent a letter on Nov. 6 to officials of the North Texas city of McKinney, arguing they did not properly follow state annexation procedure. EFFECT ON OTHER LAW. ANNEXATION OF COUNTY ROADS REQUIRED IN CERTAIN CIRCUMSTANCES. 6 (S.B. (d) Before the governing body of a municipality or a district adopts a strategic partnership agreement, it shall conduct two public hearings at which members of the public who wish to present testimony or evidence regarding the proposed agreement shall be given the opportunity to do so. (2) follow the course of the road or highway. (1) post notice of the hearings on the municipality's Internet website if the municipality has an Internet website; and. (c) If an agreement is not reached within 90 days after the date the municipality receives a petition submitted by a district: (1) the district's status is automatically altered from full-purpose annexation to limited-purpose annexation for a period of not less than 10 years, beginning January 1 of the year following the date of the submission of a petition, unless the voters of the district have approved the dissolution of the district through an election authorized by this section; and, (2) on the expiration of the 10-year period of Subdivision (1), notwithstanding any other provision of law, the district may be restored to full-purpose annexation at the option of the municipality, provided that the municipality assumes all obligations otherwise assigned by law to a municipality that annexes a district; and. Acts 2019, 86th Leg., R.S., Ch. Notwithstanding any provision of any other law related to the annexation or disannexation of territory, including but not limited to the requirement that the minimum width of any territory annexed be at least 1,000 feet in width, a municipality that has exercised limited purpose annexation may disannex any land located within a municipal utility district. 43.004. miles of land with a population of 57,922 residents resulting in a population density of 54.52 people per sq. Delivering on 2018 & 2022 bond programs. SUBCHAPTER C-5. Acts 2017, 85th Leg., 1st C.S., Ch. (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. (f) If the abolished district has outstanding bonds, warrants, or other obligations payable in whole or in part from the net revenue from the operation of the district utility system or property, the affected municipalities shall take over and operate the system or property through a board of trustees as provided by this section. By the end of the third year after that date, the municipality must include in its adopted capital improvements program the projects intended to serve the area and must identify potential sources of funding for capital improvements. (b) On adoption of the ordinance, the mayor shall enter in the minutes or records of the governing body an order discontinuing the area. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. David T. Friendswood, TX . Acts 2017, 85th Leg., 1st C.S., Ch. 88 (S.B. This restriction does not apply to the annexation of area in a water or sewer district if the district is wholly or partly in the extraterritorial jurisdiction of more than one municipality. (d) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. Acts 2019, 86th Leg., R.S., Ch. To the extent of any conflict between this subsection and Subsection (g), Subsection (g) prevails. 1082), Sec. 1.01(12), eff. Acts 2019, 86th Leg., R.S., Ch. The ordinance does not take effect unless a majority of the votes received in the election favor the ordinance. Sec. Exercise. (2) offer solid waste management services in the area unless a privately owned solid waste management service provider is unavailable. 43.1055. An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. %PDF-1.5 (a) Sections 43.054, 43.0545, 43.055, and 43.057 apply to the annexation of an area to which this subchapter applies. (j) The proposed service plan must be made available for public inspection and explained to the inhabitants of the area at the public hearings held under Section 43.063. 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. Sec. 155 (H.B. On the filing of an answer by the governing body, and on application of either party, the case shall be advanced and heard without further delay in accordance with the Texas Rules of Civil Procedure. (e) In this section, "district" means a conservation and reclamation district of more than 10,000 acres that provides water and sanitary sewer utility 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. Authorized to offer $5 million for Texas, his conduct in "negotiation" became so offensive he had to be removed. (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. (a) Notwithstanding any other law, a municipality that is annexing an area under Subchapter C-3, C-4, C-5, or D may also annex with the area the right-of-way of a street, highway, alley, or other public way or of a railway line, spur, or roadbed, that is: (1) contiguous and runs parallel to the municipality's boundaries; and. (d) The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing. 1076 (S.B. 1217 (S.B. 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. State law provides two methods by which cities can annex property that is contiguous with its existing limits: by an annexation referendum. CALHOUN, John C. Served as Secretary of State in the Cabinet of President John Tyler, 1844-1845, and participated in the annexation negotiations. Acts 2017, 85th Leg., 1st C.S., Ch. Sept. 1, 1999. (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. (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. 43.073. 1, eff. (g) In the annexation ordinance, the larger municipality shall adopt, for application in the area zoned by the smaller municipality, the identical comprehensive zoning ordinance that the smaller municipality applied to the area at the time of the election. 149, Sec. INVALIDATION OF ANNEXATION OF SPECIAL DISTRICT; REIMBURSEMENT OF DEVELOPER. Learn More. Sec. 504 N Queen Street Palestine, TX 75801. Sec. 24, eff. 43.0699. Acts 2017, 85th Leg., 1st C.S., Ch. Sec. 3, eff. 6 (S.B. Acts 2019, 86th Leg., R.S., Ch. (g) The board of directors of the district may order an election under this section. 3, eff. (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. 43.106. Added by Acts 1999, 76th Leg., ch. Otherwise, any party may commit or pledge or may issue bonds payable from or secured by a pledge of any available source of funds, including unencumbered sales and use taxes, to make payments due or to become due under an agreement. 43.0761. endobj 6 (S.B. 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. 43.076. Mazey. 1076 (S.B. June 18, 2015. 43.141. Sec. (a) In this section, "defunding municipality" means a home-rule municipality that is considered to be a defunding municipality under Chapter 109. The bonds must be sold at not less than par value and accrued interest, and must mature, bear interest, and be subject to approval by the attorney general and to registration by the comptroller of public accounts as provided by law for other general obligation bonds of the municipality. APPLICABILITY. (g) The municipality may designate all or part of the added area as an industrial district, as the term is customarily used, and may treat the designated area in a manner considered by the governing body to be in the best interest of the municipality. Amended by Acts 1989, 71st Leg., ch. The law still allows for annexation at the request of a property owner. All cities are authorized to annex a sparsely occupied area on petition of the area's landowners, if the area meets certain requirements. (a) A municipal water board that was created by Section 6, Chapter 134, Acts of the 52nd Legislature, Regular Session, 1951, and that continues to exist to preserve a vested right created under that law, remains in existence with full power after the municipality annexes all the area of the water control and improvement district whose functions the municipality assumed and delegated to the water board, so long as the land located in the board's jurisdiction is used for farming, ranching, or orchard purposes. (3) all the area of the district is annexed. 2, eff. This building is needed to mobilize any unit in a city. (e) If the municipality annexes only part of the area in the district, the district may contract with the municipality for the municipal operation of the district's utility systems and other property and for the transfer, conveyance, or sale of those systems and that property, regardless of kind or location inside or outside municipal boundaries, to the municipality on terms to which the governing bodies of the district and municipality agree. 1185 (H.B. (3) is annexed for limited purposes in connection with a strategic partnership agreement under Section 43.0751. The governing body shall continue to levy a property tax each year on the property in the area at the same rate that is levied on other property in the municipality until the taxes collected from the area equal its pro rata share of the indebtedness. Acts 1987, 70th Leg., ch. Sec. (H) operation and maintenance of any other publicly owned facility, building, or service; (4) a list of each service the municipality will provide on the effective date of the annexation; and. 1303), Sec. (b) The governing body must conduct at least one additional public hearing not earlier than the 31st day and not later than the 90th day after the date the governing body adopts a resolution under Section 43.0692. 149, Sec. 3(k), eff. 2, eff. Houston Annexation History. Added by Acts 2017, 85th Leg., 1st C.S., Ch. (g) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. 4(a), eff. 43.079. When all the revenue bonds, warrants, and other obligations are retired in full, the property and other assets of the district shall be distributed among the municipalities as provided by Subsection (c) or (d). (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. 1.06, 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. . 1, eff. The municipality shall perform the duties and other functions imposed by law or contract on the governing body of the district relating to the district's outstanding bonds, warrants, or other obligations and shall separately perform the duties and other functions relating to the bonds, warrants, and other obligations of the municipal system. Sec. (b) If the municipality annexes all the area in the district, the municipality: (1) shall take over the property and other assets of the district; (2) assumes all the debts, liabilities, and obligations of the district; and. (a) Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. Acts 2019, 86th Leg., R.S., Ch. September 1, 2017. 423 (S.B. How does land annexation begin? <> (d) A notice to a public entity or political subdivision shall contain a description of: (2) any financial impact on the public entity or political subdivision resulting from the annexation, including any changes in the public entity's or political subdivision's revenues or maintenance and operation costs; and. (B) under which the municipality contemplates annexing 400 or more water or wastewater connections that are not located in the district. (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. (c) A municipality may not take property on the island through eminent domain. 8, eff. Sept. 1, 1987. 1, Sec. 43.101. AUTHORITY TO ANNEX. (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. (i) On the annexation, all claims, fines, debts, or taxes due and payable to the smaller municipality become due and payable to the larger municipality and shall be collected by it. (1) identify the kinds of land use and other regulations that will be imposed in the area if it is annexed for limited purposes; and. The water board may select a depository regardless of the fact that one or more members of the board are members of the board of directors or are stockholders of the depository. May 25, 2007. (j) Promptly after the board of directors declares the result of the election: (1) the board shall mail or deliver a certified copy of the resolution declaring the result of the election to the mayor and the secretary of each of the two affected municipalities; and. 6 (S.B. 25, eff. A few months ago, Chuck Marohn wrote an article asking when it's okay to annex property, and it struck a nerve in the Urban3 office.. As Chuck explained, "Annexation the act of bringing property outside of the city limits into the municipal boundariesis rarely more than an economic sugar high for a city, one . 1052 (H.B. May 24, 2019. May 3, 2005. The ordinance must describe the area by metes and bounds and must be entered in the minutes of the governing body. 43.143. 1, eff. 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 petition period prescribed by Section 43.0685 ends, the municipality may not complete the annexation of the area without approval of a majority of the voters of the municipality voting at an election called and held for that purpose. 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. December 1, 2017. Sec. This article is co-authored by Will Creasy, a geospatial analyst at Urban3. Sec. Aug. 28, 1989; Acts 1999, 76th Leg., ch. (2) posted on the municipality's Internet website on or after the 20th day but before the 10th day before the date of the hearing and must remain posted until the date of the hearing. (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. (4) identify the proposed zoning of the area on annexation and inform the public that any comments regarding the proposed zoning will be considered at the public hearings for the proposed limited-purpose annexation. 2726), Sec. 2.12, eff. December 1, 2017. 155 (H.B. 2 0 obj 6 (S.B. The area ceases to be a part of the municipality on the date of the order. Added by Acts 2019, 86th Leg., R.S., Ch. The municipality shall perform the services and other functions that were performed by the district. 768, Sec. (2) each municipality in whose extraterritorial jurisdiction the airport is located agrees to the annexation. MUNICIPAL INCORPORATION IN ANNEXED AREA. (l) A service plan is valid for 10 years. (Name of City/County 1) is the fifth largest (City/County) in the state. (8) operation and maintenance of any other publicly owned facility, building, or service. Aug. 28, 1989. Acts 2017, 85th Leg., 1st C.S., Ch. (k) An election ordered under Subsection (h) or (j) to elect members of the governing body of a municipality must be held under the applicable provisions of Chapter 22, 23, or 24, to the extent consistent with this section. 1.01, eff. 1420, Sec. 1, eff. 6), Sec. b. (f) A regional development agreement does not need to describe the land contained within the boundaries of a district that is a party to the agreement. Permits and Inspections Apply, pay, schedule inspections and check status. May 24, 2019. Aug. 28, 1989. 43.908. 6), Sec. If the municipality maintains an Internet website, the municipality shall make the digital map available on the municipality's website. 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. On finding that the municipality has failed to annex the area as required by Section 43.127(a), the court shall enter an order requiring the municipality to annex the area for full purposes or to disannex the area. (a) A municipality shall order an election on the question of annexing an area to be held on the first uniform election date that falls on or after: (1) the 90th day after the date the governing body of the municipality adopts the resolution under Section 43.0692; or. 43.012. House Bill 347 from last session eliminated unilateral annexation by any city. 347), Sec. (4) the procedure by which the limited district may be dissolved prior to the expiration of any term established under Subdivision (2). 1, eff. Sec. 1167, Sec. Amended by Acts 1999, 76th Leg., ch. Transferred and redesignated from Local Government Code, Section 43.051 by Acts 2017, 85th Leg., 1st C.S., Ch. Added by Acts 1989, 71st Leg., ch. APPLICABILITY. (2) one percent each month after the 210th day after the date the area is disannexed. Emergency Management Performance Grant. (a) At the time the governing body of the municipality adopts an ordinance annexing an area for limited purposes, the governing body must also adopt by ordinance a regulatory plan for the area. Currently, residents can petition the county to de-annex their parcels if they have 100% approval from the affected property owners. Acts 2017, 85th Leg., R.S., Ch. Each member of the public who wishes to present testimony or evidence regarding the proposed limited-purpose annexation must be given the opportunity to do so. However, the failure to complete the annexation as provided by this subsection does not prevent the smaller municipality from holding a new election on the question to enable the larger municipality to annex the smaller municipality as provided by this section. 29, eff. (B) the court shall award the person's attorney's fees and costs incurred in bringing the action for the writ. (b) A notice to a public school district shall contain a description of: (1) the area within the district proposed for annexation; (2) any financial impact on the district resulting from the annexation, including any changes in utility costs; and. 3(k), eff. (e) For purposes of this section, roads, highways, rivers, lakes, or other bodies of water are not included in computing the 1,000-foot distance unless the area being annexed includes land in addition to a road, highway, river, lake, or other body of water. ANNEXATION THAT SURROUNDS AREA: FINDINGS REQUIRED. Acts 2019, 86th Leg., R.S., Ch. 1, Sec. (h) If the annexed smaller municipality has on hand any bond funds for public improvements that are not appropriated or contracted for, the funds shall be kept in a separate special fund to be used only for public improvements in the area for which the bonds were voted. 1.01(17), eff. If a court issues a writ under this subsection, the court: (1) must provide the municipality the option of disannexing the area within a reasonable period specified by the court; (2) may require the municipality to comply with the service plan in question before a reasonable date specified by the court if the municipality does not disannex the area within the period prescribed by the court under Subdivision (1); (3) may 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; (4) may assess a civil penalty against the municipality, to be paid to the state in an amount as justice may require, for the period in which the municipality is not in compliance with the service plan; (5) may require the parties to participate in mediation; and. Acts 2017, 85th Leg., Ch ) in the district is annexed 86th! 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