1015), Sec. 43.0692. A home-rule municipality may take the following actions according to rules as may be provided by the charter of the municipality and not inconsistent with the requirements prescribed by this chapter: (1) fix the boundaries of the municipality; (2) extend the boundaries of the municipality and annex area adjacent to the municipality; and 199 (H.B. A refunding bond must bear interest at the same rate or at a lower rate than that borne by the refunded obligation unless it is shown mathematically that a different rate results in a savings in the total amount of interest to be paid. Added by Acts 1989, 71st Leg., ch. If applicable, the notice for each hearing must include: (1) a statement that the completed annexation of the area will expand the municipality's extraterritorial jurisdiction; (2) a description of the area that would be newly included in the municipality's extraterritorial jurisdiction; (f) In addition to the notice required by Subsection (c), the municipality must give notice by certified mail to: (1) each public entity, as defined by Section 43.053, and utility service provider that provides services in the area proposed for annexation; and. REGIONAL PARTICIPATION AGREEMENTS. 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. 2726), Sec. (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. (3) the entire water or sewer district would be contained in the annexing municipality after completion of the annexation. (7) a regulation relating to the sale and use of fireworks. (b) At least one of the hearings must be held in the area proposed for annexation if a suitable site is reasonably available and more than 10 percent of the adults who are permanent residents of the area file a written protest of the annexation with the secretary of the municipality within 10 days after the date of the publication of the notice required by this section. 16, eff. 155 (H.B. Acts 2017, 85th Leg., 1st C.S., Ch. 1, eff. Except as provided by Subsection (h), a municipality shall follow the procedures established under the strategic partnership agreement for full-purpose annexation of an area under this section. 6), Sec. Sept. 1, 1999. 4.011, eff. All cities are authorized to annex a sparsely occupied area on petition of the area's landowners, if the area meets certain requirements. 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. (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) In this section, "water or sewer district" means a district or authority created under Article III, Section 52, Subsections (b)(1) and (2), or under Article XVI, Section 59, of the Texas Constitution that provides or proposes to provide, as its principal function, water services or sewer services or both to household users. 2.13, eff. 155 (H.B. Added by Acts 1989, 71st Leg., ch. 8 0 obj 22, eff. By the end of the second year after that date, the municipality must include the area in the municipality's long-range financial forecast and in the municipality's program to identify future capital improvements projects. 1, eff. 43.0761. 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. 922 (H.B. Aug. 28, 1989. Parts of The Woodlands were also built within the extra . 504 N Queen Street Palestine, TX 75801. The Woodlands was built as an unincorporated master-planned community within Montgomery County and the extra-territorial jurisdiction of the City of Houston. Amended by Acts 1989, 71st Leg., ch. May 29, 1999. Amended by Acts 1999, 76th Leg., ch. Sec. Sec. 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. The first one is rarely considered; if something is in the budget, it is almost unfailingly assumed to be needed or at least desirable. 43.901. 155 (H.B. Sec. The total annual amount of the payments may not exceed the lesser of: (1) the total annual cost to the municipality of providing the water and sanitary sewer utility service, including both capital and operation and maintenance costs and expenses; or. To compensate the developer for the municipality's use of the infrastructure facilities pending the determination of the reimbursement amount, all interest accrued on the escrowed funds shall be paid to the developer whether or not the annexation is valid. (d) The municipality may annex the area even if the area is outside the municipality's extraterritorial jurisdiction, is in another municipality's extraterritorial jurisdiction, or is narrower than the minimum width prescribed by Section 43.054. 1217 (S.B. The petition for de-annexation must be written, request the de-annexation, be signed in ink or indelible pencil by the appropriate voters, be signed by each voter as that person's name appears. The City will continue to consider SPAs with utility districts for the purpose of limited purpose annexation within the City's ETJ. 6, eff. 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. 6), Sec. Sec. 6), Sec. May 25, 2007. 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.) WIDTH REQUIREMENTS. Reforming the annexation process (a) This chapter may be enforced only through mandamus or declaratory or injunctive relief. (a) The qualified voters of an area annexed for limited purposes are entitled to vote in municipal elections regarding the election or recall of members of the governing body of the municipality, the election or recall of the controller, if the office of controller is an elective position of the municipality, and the amendment of the municipal charter. Sec. (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. (c) The municipality succeeds to the powers, duties, assets, and obligations of the district as provided by this section. The board shall conduct the election in the area composed of the district and the general-law municipality. Sec. The agreement must specify the date on which the district is abolished. 1, Sec. Delivering on 2018 & 2022 bond programs. 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. However, the municipality may perform in the district all other municipal functions in which the district is not engaged. AUTHORITY TO ANNEX MUNICIPAL UTILITY DISTRICT BY HOME-RULE MUNICIPALITY. December 1, 2017. 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. Learn More. 16, eff. 43.0696. Amended by Acts 1989, 71st Leg., ch. The annexation of an area must be completed within 90 days after the date the governing body institutes the annexation proceedings or those proceedings are void. In addition to the notice requirements under Section 43.063, a home-rule municipality, before the municipality may institute annexation proceedings, shall create, or contract for the creation of, and make publicly available a digital map that identifies the area proposed for annexation and any area that would be newly included in the municipality's extraterritorial jurisdiction as a result of the proposed annexation. Sec. A municipality may annex area only in its extraterritorial jurisdiction unless the municipality owns the area. 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. The requirement that construction of capital improvements must be substantially completed within the period provided in the service plan does not apply to a development project or proposed development project within an annexed area if the annexation of the area was initiated by petition or request of the owners of land in the annexed area and the municipality and the landowners have subsequently agreed in writing that the development project within that area, because of its size or projected manner of development by the developer, is not reasonably expected to be completed within that period. 3(c), eff. Sec. June 18, 2003. Annexation Information. 37, eff. ABOLITION OF, OR DIVISION OF FUNCTIONS OF, WATER-RELATED SPECIAL DISTRICT THAT BECOMES PART OF NOT MORE THAN ONE MUNICIPALITY. (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. (b) An annexation agreement for which a disclosure is not provided in accordance with Subsection (a) is void. (a) This section applies only to each municipality that under any other law, including Section 43.075, abolishes a conservation and reclamation district created under Article XVI, Section 59, of the Texas Constitution, including a water control and improvement district, fresh water supply district, or municipal utility district. 1, eff. 43.0683. The law still allows for annexation at the request of a property owner. Acts 2011, 82nd Leg., R.S., Ch. December 1, 2017. 2, eff. Sec. September 1, 2011. (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. 664, Sec. Acts 2017, 85th Leg., 1st C.S., Ch. (c) A municipality that holds an election under this section may not hold another election on the question of annexation before the corresponding uniform election date of the following year. 39, eff. PUBLIC HEARING. 43.0671. Acts 2017, 85th Leg., 1st C.S., Ch. May 24, 2019. 155 (H.B. (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. Sec. All boxes/bags (Limit 4) must be in the trunk of your vehicle for NO CONTACT shredding. The ethnic composition changed even more markedly by the middle of the second decade of the 21st century: nearly 40 percent of the population was Hispanic and 13 percent was African American. (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. Sec. 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. Sept. 1, 1995. 1167, Sec. 149, Sec. 155 (H.B. stream ANNEXATION PROCEDURE FOR AREAS EXEMPTED FROM CONSENT ANNEXATION PROCEDURES. 1082), Sec. (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). (b) A municipality that has annexed area in the district is not required to obtain the consent of any municipality to annex additional area located wholly in the district other than the consent of the other municipalities that have annexed area in the district and have extraterritorial jurisdiction over the area proposed to be annexed. 43.123. (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. 3, eff. 4, eff. Added by Acts 1989, 71st Leg., ch. (6) may require the municipality to pay the person's costs and reasonable attorney's fees in bringing the action for the writ. (e) If the district is composed of two or more tracts, at least one of which is not contiguous to the home-rule municipality, the fact that the annexation will result in one or more parts of the home-rule municipality being not contiguous to the rest of the municipality does not affect the municipality's authority to annex the district. Sec. 1.01, eff. Sept. 1, 1999. 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. (c) The area described by Subsection (b) may be annexed under the requirements prescribed by Subchapter C-3, C-4, or C-5, as applicable, but the annexation may not occur unless each municipality in whose extraterritorial jurisdiction the area may be located: (2) reduces its extraterritorial jurisdiction over the area as provided by Section 42.023. 2, eff. Sept. 1, 1999. endobj (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. June 18, 1999. Intersection of Garfield St. & Louisiana Ave Closed The intersection of Garfield Street and Louisiana Avenue will be closed beginning Monday, January 23, 2023. Sept. 1, 1989; Acts 2003, 78th Leg., ch. 6), Sec. (B) under which the municipality contemplates annexing 400 or more water or wastewater connections that are not located in the district. (A) annexed territory for limited purposes; (B) disannexed territory that previously was annexed for limited purposes; and. 692 (H.B. 1, eff. <> 43.101. 1.01, eff. Annex City Build Time 18 hours Build Cost 4250 3750 1250 1500 2500 1750 10000 Unlocks Every unit Categories <> Matthew Choi, Texas Tribune. 2, eff. Added by Acts 2017, 85th Leg., 1st C.S., Ch. Sec. (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. 55(a), eff. endobj Acts 2019, 86th Leg., R.S., Ch. (f) The municipality may issue refunding bonds in its own name to refund bonds, warrants, or other obligations, including unpaid accrued interest on an obligation, that is assumed by the municipality. 155 (H.B. 560 (S.B. The governing body and landowners may renew or extend the contract for successive periods not to exceed 10 years each. 2.12, eff. 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). 43.907. <> Four years ago, the city annexed Acts 1987, 70th Leg., ch. 347), Sec. (j) Except as limited by this section or the terms of a strategic partnership agreement, a district that has been annexed for limited purposes by a municipality and a limited district shall have and may exercise all functions, powers, and authority otherwise vested in a district. However, under the program if the municipality provides any of the following services within the corporate boundaries of the municipality before annexation, the municipality must provide those services in the area proposed for annexation on the effective date of the annexation of the area: (4) solid waste collection, except as provided by Subsection (o); (5) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; (6) operation and maintenance of roads and streets, including road and street lighting; (7) operation and maintenance of parks, playgrounds, and swimming pools; and. mile. Sec. (a) A general-law municipality may annex: (1) a reservoir owned by the municipality and used to supply water to the municipality; (2) any land contiguous to the reservoir and subject to an easement for flood control purposes in favor of the municipality; and. 1900), Sec. 632 (S.B. Acts 2019, 86th Leg., R.S., Ch. 1052 (H.B. 149, Sec. Sec. GENERAL ANNEXATION AUTHORITY AND PROCEDURES REGARDING CONSENT ANNEXATIONS. 1303), Sec. Acts 1987, 70th Leg., ch. (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. ANNEXATION OF AREAS WITH POPULATION OF LESS THAN 200 BY PETITION. Acts 2019, 86th Leg., R.S., Ch. 1, eff. 922 (H.B. Houston Annexation History. (m) If a district holds an election under this section, the district may not hold another election under this section before the date that is one year after the date of the earlier election, except that if an election is held on a uniform election date prescribed by law, the subsequent election may be held on the corresponding uniform election date of the following year. 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. The election shall be held on the first uniform election date prescribed by Chapter 41, Election Code, that occurs after the date on which the petition is filed and that affords enough time to hold the election in the manner required by law. MUNICIPAL INCORPORATION IN ANNEXED AREA. 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. 2, eff. An annexation by a municipality does not change or otherwise affect the switching limits of a railroad or any rates of a railroad. 6 (S.B. Notwithstanding Subsection (e), the municipality may provide for an owner of land in the area that is not a resident of the area to sign the petition electronically. The funds deposited in the depository must be insured by an official agency of the United States and must be at least as well insured and protected as funds deposited in the official municipal depository of the municipality. PUBLIC HEARINGS. 6 (S.B. 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. U.S. Minister to Mexico 1830-35. Acts 1987, 70th Leg., ch. 43.130. 55(b), eff. (e) Subsections (b)-(d) do not apply to the annexation of: (1) an area within a water or sewer district if: (A) the governing body of the district consents to the annexation; (B) the owners in fee simple of the area to be annexed consent to the annexation; and. STRATEGIC PARTNERSHIPS FOR CONTINUATION OF CERTAIN DISTRICTS. (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. Amended by Acts 1991, 72nd Leg., ch. The area ceases to be a part of the municipality on the date of the entry of the order. 597, Sec. Sec. (c) If at the election held under this subchapter a majority of qualified voters approve the proposed annexation, and if the municipality, as applicable, obtains the required number of petition signatures under Section 43.0695, the municipality may annex the area after: Sec. Acts 2009, 81st Leg., R.S., Ch. 43.0115. <> (1) the authority of the governing body of a district to order an election under Subsection (c) is separate and independent and is the exclusive means of ordering any such election; (2) all or any part of the territory of a district may be incorporated as a Type A, Type B, or Type C municipality, as determined by the governing body of the district ordering the incorporation election under Subsection (c)(1) or (2); and. Transferred, redesignated and amended from Local Government Code, Section 43.026 by Acts 2017, 85th Leg., 1st C.S., Ch. 15, 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. (c) During the public hearing, the governing body: (1) must provide persons interested in the annexation the opportunity to be heard; and. 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