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. Added by Acts 2019, 86th Leg., R.S., Ch. (c) If the municipality obtains the number of signatures on the petition required to annex the area, the municipality may annex the area after: (1) providing notice under Subsection (a); (2) holding a public hearing at which members of the public are given an opportunity to be heard; and. Acts 2017, 85th Leg., 1st C.S., Ch. (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. 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. June 20, 2003. 6), Sec. A regional participation agreement must include as parties at least one eligible municipality and one district and may include as parties other eligible municipalities, districts, or persons. (C) use of the municipal sales taxes collected by the municipality for facilities or services in the district. December 1, 2017. Acts 2017, 85th Leg., 1st C.S., Ch. Sept. 1, 1987. (a) In this section, "military base" means a presently functioning federally owned or operated military installation or facility. Added by Acts 1989, 71st Leg., ch. Aug. 28, 1989. (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. (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. Sec. PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN AREAS. December 1, 2017. 43.064. May 24, 2019. May 24, 2019. 149, Sec. [ 13 0 R] (i) 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, the district is dissolved and the governing body of the district will serve as the temporary governing body of the municipality or alternate form of local government until a permanent governing body is elected as provided by Subsection (j). 1878), Sec. Sec. 1167, Sec. 1167, Sec. Section 43.106 of the Local Government Code requires a municipality that annexed any portion of a county road or an area abutting a county road by granting a petition under former section 43.028 to also annex the full width of the road and adjacent right-of-way. Sec. 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. Sept. 1, 1995. September 1, 2011. 155 (H.B. The plan may be amended through negotiation at the hearings, but the provision of any service may not be deleted. (i) The board of directors shall give notice of the election in the manner provided for an election of the members of the board. 1420, Sec. (o) This section is cumulative of all other authority to make, enter into, and perform a regional participation agreement. (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. (b) Notwithstanding any other law, the governing body of a municipality by ordinance may annex an area without the consent of any of the residents of, voters of, or owners of land in the area under the procedures prescribed by Subchapter C-1. City staff has not yet determined whether or not to annex two other areas under consideration: near Texas 151 and Loop 1604, which includes Alamo Ranch, and near Loop 1604 and U.S. 90 near . (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. Land annexed for limited or full purposes under this section shall not be included in calculations prescribed by Section 43.055(a). Before the date of each hearing, the notice must be published at least once on or after the 20th day before the hearing date and must contain: (1) a statement of the purpose of the hearing; (2) a statement of the date, time, and place of the hearing; and. May 24, 2019. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Added by Acts 2021, 87th Leg., R.S., Ch. Sec. 6 (S.B. The boundaries are extended on the adoption of the ordinance. Acts 2019, 86th Leg., R.S., Ch. (B) provided that this subsection does not prevent the municipality from providing services within the district if: (i) the provision of services is specified and agreed to in the agreement; (ii) the provision of services is not solely the result of a regulatory plan adopted by the municipality in connection with the limited-purpose annexation of the district; and. ANNEXATION OF WATER-RELATED SPECIAL DISTRICT: REIMBURSEMENT OF LANDOWNER OR DEVELOPER; CONTINUATION OF DISTRICT AND TAXING AUTHORITY. 1012), Sec. (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. 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. 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. 2, eff. Acts 2019, 86th Leg., R.S., Ch. (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. 1, eff. ",#(7),01444'9=82. 1217 (S.B. 3(k), eff. The agreement must be recorded in the deed records of any county in which any land in the district is located. (g) The board of directors of the district may order an election under this section. ANNEXATION OF CONTIGUOUS OR CONNECTING RIGHTS-OF-WAY. 43.203. (c) If the area withdraws from a municipality as provided by this section and if, at the time of the withdrawal, the municipality owes any debts, by bond or otherwise, the area is not released from its pro rata share of that indebtedness. Sec. (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. 1, Sec. If proceedings are completed while the election is pending, the annexation, to the extent that it includes area in the district, takes effect only if the election results in the defeat of the question and, in that case, it takes effect on the date the result of the election is officially declared. So its probably a bug. While this was a big win for Texans, there remains more work to do. 6), Sec. Amended by Acts 1999, 76th Leg., ch. 43.015. 2.01. 2015 Annual Plan Description. 347), Sec. JERRY E. DRAKE, JR. Deputy City Attorney 215 E. McKinney Denton, TX 76201 (940) 349-8333 Jerry Drake is a Deputy City Attorney for the Denton City Attorney's Office, where he is assigned primarily to land use issues and litigation. ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES IN ANNEXED AREA. (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. Sec. (f) The extraterritorial jurisdiction of a home-rule municipality is not expanded by the annexation of area under this section. December 1, 2017. 43.905 by Acts 2001, 77th Leg., ch. 1058, Sec. Sec. (r) A district or the area of a district annexed for limited purposes under this section must be: (1) in the municipality's extraterritorial jurisdiction; and. Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation. 4257), Sec. Sec. Funny. (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. The first one is rarely considered; if something is in the budget, it is almost unfailingly assumed to be needed or at least desirable. Sept. 1, 1991. December 1, 2017. 536), Sec. (2) has the physical and economic characteristics of a colonia, as determined by the Texas Department of Housing and Community Affairs. The Woodlands was built as an unincorporated master-planned community within Montgomery County and the extra-territorial jurisdiction of the City of Houston. 43.065. (3) reduction of the extraterritorial jurisdiction of a municipality without the written consent of the municipality's governing body. (d) A bond that is approved, registered, and sold as provided by this section is incontestable. (b) The service plan, which must be completed before the annexation, must include a program under which the municipality will provide full municipal services in the annexed area no later than 2-1/2 years after the effective date of the annexation, in accordance with Subsection (e), unless certain services cannot reasonably be provided within that period and the municipality proposes a schedule for providing those services, and must include a list of all services required by this section to be provided under the plan. 6 (S.B. (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. Sept. 1, 1987. Acts 2017, 85th Leg., 1st C.S., Ch. <> 347), Sec. Notwithstanding any other law, a municipality may by ordinance annex a road right-of-way on request of the owner of the right-of-way or the governing body of the political subdivision that maintains the right-of-way under the procedures prescribed by Subchapter C-1. 6), Sec. 155 (H.B. EFFECT OF ANNEXATION ON VOTING RIGHTS, ELIGIBILITY FOR OFFICE, AND TAXING AUTHORITY. (c) A court may award court costs and reasonable and necessary attorney's fees to the prevailing party in an action under this chapter. Added by Acts 1997, 75th Leg., ch. (b) For purposes of this section, a completed application is filed if the application includes all documents and other information designated as required by the governmental entity in a written notice to the applicant. miles of land with a population of 57,922 residents resulting in a population density of 54.52 people per sq. (b) This section applies only to a district and an eligible municipality that have entered into a regional participation agreement under Section 43.0754 that authorizes any of the actions described by Section 43.0754(c)(6), (7), or (8). 2.05, eff. 1217 (S.B. 1, eff. On the annexation of all of the area of the district, the municipality may refund, in whole or in part, any outstanding bonded indebtedness and may provide for a sufficient sinking fund to meet any refunding bonds issued. The City Council of the City of Cleveland, Texas will conduct two (2) public hearings on January 22, 2018 and January 23, 2018 at 5:30 pm in the Council Chambers at City Hall, 907 E Houston, Cleveland, Texas 77327 for the purpose of discussion on proposed VOLUNTARY annexation area which is listed below. Sec. (B) a completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted. Sec. The refunding bonds or warrants must be issued in the manner provided by Chapter 1207, Government Code. 6 (S.B. endobj (2) "Delinquent sum" means the sum a municipality has failed to timely pay to a landowner or developer under Subsection (b). DEFINITIONS. 1185 (H.B. Added by Acts 1999, 76th Leg., ch. (b) The municipal water board shall select and designate one or more depositories for the proceeds of the maintenance and water charges and other charges levied by the water control and improvement district and for any other income or other funds of the district. (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. The municipality may perform all other municipal functions that the municipality is authorized to perform and that the district is not engaged in performing nor authorized to perform. (c) A regional participation agreement may provide or allow for: (1) the establishment, administration, use, investment, and application of a regional participation fund, which shall be a special fund or escrow account to be used solely for funding the costs and expenses of eligible programs or projects; (2) payments to be made by a party into the regional participation fund for application, currently or in the future, toward eligible programs or projects; (3) the methods and procedures by which eligible programs or projects are prioritized, identified, and selected for implementation and are planned, designed, bid, constructed, administered, inspected, and completed; (4) the methods and procedures for accounting for amounts on deposit in, to the credit of, or expended from the regional participation fund, as well as any related investment income or amounts due and owing to or from any party to the fund; (5) credits against payments otherwise due by any party under the agreement resulting from taxes, charges, fees, assessments, tolls, or other payments in support of or related to the usage or costs of eligible programs or projects that are levied or imposed upon, assessed against, or made applicable to a party or its citizens, ratepayers, taxpayers, or constituents after the effective date of the agreement; (6) any type of annexation of any part of the territory of a district to be deferred by an eligible municipality that is a party for a mutually agreeable period; (7) the release of territory from the extraterritorial jurisdiction of an eligible municipality that is a party at a specified time or upon the occurrence of specified events; (8) the consent of an eligible municipality that is a party to the incorporation of, or the adoption of an alternate form of government by, all or part of the territory of a district at a specified time or upon the occurrence of specified events; (9) remedies for breach of the agreement; (10) the modification, amendment, renewal, extension, or termination of the agreement; (11) other districts, eligible municipalities, or persons to join the agreement as a party at any time; (12) third-party beneficiaries to be specifically designated and conferred rights or remedies under the agreement; (13) the duration of the agreement, including an unlimited term; (14) the creation and administration of a nonprofit corporation, joint powers agency, local government corporation, or other agency for the purpose of administration and management of a regional participation fund, program, or project under the agreement; and. 149, Sec. (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. LIMITATION ON EXTRATERRITORIAL JURISDICTION OF CERTAIN MUNICIPALITIES. <> 6 (S.B. (3) retail sales in the boundaries of the district will be treated for municipal sales tax purposes as if the district were annexed by the municipality for full purposes. 43.0712. In the absence of such a contract, the district may continue to exercise the powers and other functions that it was authorized to exercise before the area became a part of the municipality, and the municipality may not, without the district's consent, duplicate the services rendered by the district in the district. 43.0692. (d) A district that on January 1, 1997, was providing water and sanitary sewer utility service to households outside the territory of the district may not discontinue that service and shall continue to provide that service on the basis of rates established by the district in accordance with Chapter 13, Water Code. 1.01, eff. Acts 2009, 81st Leg., R.S., Ch. (a) Land on an island bordering the Gulf of Mexico that is not accessible by a public road or common carrier ferry facility may not be annexed by a municipality without the consent of the owners of the land. 43.126. 1185 (H.B. The date must be set for a day within 90 days after the date the area becomes a part of the municipality. Any obligation to reimburse the developer may be paid in installments over a three-year period. Sept. 1, 1987. ANNEXATION OF ROAD RIGHTS-OF-WAY ON REQUEST OF OWNER OR MAINTAINING POLITICAL SUBDIVISION. (3) a general description of the location of the area proposed to be annexed for limited purposes. 6 (S.B. December 1, 2017. Acts 2011, 82nd Leg., R.S., Ch. 1, eff. 1, eff. Acts 1987, 70th Leg., ch. 5, eff. 43.1055. Renumbered from Sec. 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. 43.004. 1, eff. Exercise. (q) Except for Sections 43.130(a) and (b), Subchapter F does not apply to a limited-purpose annexation under a strategic partnership agreement. 347), Sec. (c) A strategic partnership agreement shall not be effective until adopted by the governing bodies of the municipality and the district. (b) Sections 43.056(b)-(o) apply to the annexation of an area to which this subchapter applies. 4.011, eff. 2, eff. 1, eff. (h) If a majority of the voters voting in an election under Subsection (c)(2) or (4) approve the proposition submitted on the form of local government, the county judge of the county in which the municipality or alternate form of local government is located shall order an election for the governing body of the municipality or alternate form of local government to be held on a date that complies with the provisions of the Election Code, except that Section 41.001(a), Election Code, does not apply. 347), Sec. endobj Jul 12, 2013 @ 12:50pm . The municipality may, with the consent of the district, construct and maintain drainage facilities in the district that are consistent with the reclamation plan of the district. 347), Sec. A municipality with a population of less than 30,000, that is in a county that borders the Gulf of Mexico and that is adjacent to a county with a population of one million or more, and that seeks to annex land owned by a navigation district operating under Section 59, Article XVI, Texas Constitution, must have the consent of the district to annex the land. (g) When the pro rata share of any district bonds, warrants, or other obligations payable in whole or in part from property taxes has been assumed by the municipality, the governing body of the municipality shall levy and collect taxes on all taxable property in the municipality to pay the principal of and interest on its share as the principal and interest become due and payable. 6), Sec. (2) if the election authorizes annexation of the district by the home-rule municipality, the board shall file a certified copy of the resolution in the deed records of each county in which the district is located. (3) "Planned community" means a planned community of 10,000 acres or more that is subject in whole or in part to a restrictive covenant that contains an ad valorem-based assessment on real property used or to be used, in any part, to fund governmental or quasi-governmental services and facilities within and for the planned community. 6), Sec. (b) The adopted regulatory plan must be the same as the regulatory plan prepared under Section 43.123 unless the governing body finds and states in the ordinance the reasons for the adoption of a different regulatory plan. The offices in the smaller municipality are abolished and the persons holding those offices are not entitled to further remuneration or compensation. June 18, 2015. stream May 24, 2019. 6), Sec. 11 0 obj Sept. 1, 1987. September 1, 2019. California, Missouri, and Wisconsin allow non-contiguous annexation only of government-owned property. endobj 1, Sec. Acts 2007, 80th Leg., R.S., Ch. May 24, 2019. Transferred, redesignated and amended from Local Government Code, Section 43.026 by Acts 2017, 85th Leg., 1st C.S., Ch. (2) is a party to a strategic partnership agreement: (A) with a municipal utility district; and. 9 0 obj Sept. 1, 1995; Acts 1999, 76th Leg., ch. AUTHORITY OF HOME-RULE MUNICIPALITY TO ANNEX AREA AND TAKE OTHER ACTIONS REGARDING BOUNDARIES. Transferred and redesignated from Local Government Code, Section 43.037 by Acts 2017, 85th Leg., 1st C.S., Ch. NOTICE OF PROPOSED ANNEXATION. (b) A municipality may annex for full or limited purposes, under the annexation provisions applicable to that municipality under this chapter, any part of the area located within five miles of the boundary of a military base in which an active training program is conducted. 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. 2 0 obj On completion of the public hearings, the service plan shall be attached to the ordinance annexing the area and approved as part of the ordinance. (2) the landowner declines to make the agreement described by Subdivision (1). (1) post notice of the hearings on the municipality's Internet website if the municipality has an Internet website; and. Text of section as added by Acts 2021, 87th Leg., R.S., Ch. (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. 41, eff. 43.0117. We must now turn our attention to extraterritorial jurisdictions (ETJs). 4, eff. (b) The municipality by ordinance may extend the boundaries to include an area composed of the navigable stream and the land on each side of the stream. May 24, 2019. Michael Maresh Ten years ago, five business owners on Texas Highway 19 in the Woodgate subdivision. (n) Before the second anniversary of the date an area is included within the corporate boundaries of a municipality by annexation, the municipality may not: (1) prohibit the collection of solid waste in the area by a privately owned solid waste management service provider; 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. Sept. 1, 1987. 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. 35, eff. The municipality may also combine the different issues or the bonds of the different issues into one or more series of general obligation refunding bonds. (a) A municipality may not annex an area that is located in the extraterritorial jurisdiction of the municipality only because the area is contiguous to municipal territory that is less than 1,000 feet in width at its narrowest point. GENERAL ANNEXATION AUTHORITY AND PROCEDURES REGARDING CONSENT ANNEXATIONS. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 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. September 1, 2011. 2.18, eff. 3. December 1, 2017. June 18, 2003; Acts 2003, 78th Leg., ch. (e) This section repeals a municipal charter provision to the extent of a conflict with this section. 80, eff. 155 (H.B. Since League City is one of the fastest growing cities in Galveston County, or in Texas for that matter it's a good thing they had the fore sight to locate a Tax annex in the northern part of the county!!! In a population density of 54.52 people per how to de annex from a city in texas the extent of a colonia, as by. Acts 2019, 86th Leg., 1st C.S., Ch LANDOWNER declines to make, enter,. 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