31, eff. December 1, 2017. House Bill 347 from last session eliminated unilateral annexation by any city. (3) the requirements of Sections 7.002 and 8.002 do not apply to an election ordered under Subsection (c)(1) or (2). (c) The bonds must be authorized by ordinance of the governing body of the municipality. 429 (S.B. June 15, 2007. Acts 2017, 85th Leg., 1st C.S., Ch. (a) Except as provided by Section 43.123(e), on or before the date prescribed by the regulatory plan under Section 43.123(d)(2), the municipality must annex the area for full purposes. Upon placement of the funds in the escrow account, the annexation may become effective. EFFECT OF ANNEXATION ON OPERATION OF SCHOOL DISTRICT. 1, Sec. 155 (H.B. 1(2), eff. endobj uQ/S&ix~Fa((]? (d) Annexation of area under this section is exempt from the provisions of this chapter that prohibit: (1) a municipality from annexing area outside its extraterritorial jurisdiction; (2) annexation of area narrower than the minimum width prescribed by Section 43.054; or. (g) For an annexation of an area in a water or sewer district that is wholly or partly in the overlapping extraterritorial jurisdiction of two or more municipalities, any one of those municipalities is not required to obtain under Section 42.023 the written consent of any of the other municipalities in order to annex the area if: (1) the area contains less than 100 acres; (2) the annexing municipality, before June 1, 2005, annexed more than 50 percent of the territory of the water or sewer district, as the district existed on the date of its creation; and. 6), Sec. 6 0 obj (d) A provision of a development agreement described by Subsection (b)(1) that restricts or otherwise limits the annexation of all or part of the area that is the subject of the agreement is void if the landowner files any type of subdivision plat or related development document for the area with a governmental entity that has jurisdiction over the area, regardless of how the area is appraised for ad valorem tax purposes. David T. Friendswood, TX . Sec. The governing body and landowners may renew or extend the contract for successive periods not to exceed 10 years each. 11, eff. (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. Acts 1987, 70th Leg., ch. Sec. 1058, Sec. 6), Sec. 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. (b) A municipality that proposes to annex an area shall provide to each public entity that is located in or provides services to the area proposed for annexation written notice of the proposed annexation within the period prescribed for providing the notice of, as applicable: (c) A municipality that proposes to enter into a strategic partnership agreement under Section 43.0751 shall provide written notice of the proposed agreement within the period prescribed for providing the notice of the first hearing under Section 43.0751 to each political subdivision that is located in or provides services to the area subject to the proposed agreement. 43.080. (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. PRESS RELEASE: CITY OF DEL RIO ECONOMIC DEVELOPMENT CORPORATION APPROVES INCENTIVES FOR TEXAS ROADHOUSE DEVELOPER. (f) To annex the entire part of a water or sewer district that is outside the municipality's boundaries, a general-law municipality incorporated after 1983 that is, after incorporation of the district, incorporated over all or any part of the district may annex territory by ordinance without the consent of the inhabitants or property owners of the territory. (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. The Republic of Texas Mexico won independence from Spain in 1821. 1900), Sec. 2.14, eff. 4, eff. Added by Acts 1997, 75th Leg., ch. (a) Notwithstanding any other law, the governing body of a district by resolution may petition a municipality to alter the annexation status of land in the district from full-purpose annexation to limited-purpose annexation. (3) the governing body includes the area in an industrial district designated as provided by Subsection (g) or any other law. Authorized to offer $5 million for Texas, his conduct in "negotiation" became so offensive he had to be removed. June 18, 1999. The ordinance does not take effect unless a majority of the votes received in the election favor the ordinance. 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. 1, eff. (3) "Party" means a district, eligible municipality, or person that is a party to a regional participation agreement approved and entered into under this section. (a) A municipality may annex: (1) an airport owned by the municipality; and. 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. 2, eff. (c) For purposes of Section 43.003(2) or another law, including a municipal charter or ordinance, relating to municipal authority to annex an area adjacent to the municipality, an area adjacent or contiguous to an area that is the subject of a development agreement described by Subsection (b)(1) is considered adjacent or contiguous to the municipality. 9, eff. (c) A municipality's governmental immunity to suit and from liability is waived and abolished to the extent of liability created under this section. (d) On the adoption of the ordinance, the district is abolished, the property and other assets of the district vest in the municipality, and the municipality assumes and becomes liable for the bonds and other obligations of the district. 43.0681. This subsection does not prevent the inhabitants of the area from paying in full at any time their pro rata share of the indebtedness. (a) This section applies to: (1) a municipality that annexes all or 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 or drainage service; or, (A) that, by incorporation of the municipality, includes in the municipality all or part of the area in a district described by Subdivision (1); and. (b) An annexation agreement for which a disclosure is not provided in accordance with Subsection (a) is void. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Aug. 28, 1989; Acts 1989, 71st Leg., ch. So, that's basically the de-annexation process: either a petition must be submitted to the city signed by the requisite number of voters or the city council must pass a resolution calling for an election, followed by a city-wide election in which a super-majority of city voters must approve the de-annexation. 43.081. Learn More. ANNEXATION FOR FULL PURPOSES. Added by Acts 1999, 76th Leg., ch. Texas cities have used -- to determine whether or not a city should impose a cap on the property tax rate with forced reluctant representatives to place the proposed ordinance on the ballot. <> 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. The plan may be amended through negotiation at the hearings, but the provision of any service may not be deleted. (c) For purposes of Subsection (b)(2), the value of taxable property that receives the utility service shall be determined by the most recent certified tax roll provided by the central appraisal district in which the property is located. (e) Signatures collected on the petition must be in writing. 29, Sec. Notwithstanding Subchapter C-4 or C-5, a municipality may annex an area if each owner of land in the area requests the annexation. 62, Sec. Acts 2017, 85th Leg., 1st C.S., Ch. (c) Notwithstanding Section 43.0685(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. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (3) a description, list, and schedule of services to be provided by the municipality in the area on or after annexation as provided by Section 43.0682. 18, eff. (8) Section 43.1055 (Road and Right-of-Way). 43.017. May 24, 2019. 1.01, eff. (c) The petition must clearly state that a person signing the petition is consenting to the proposed annexation. Pafford Tract 2021 Voluntary Annexation completed 04/13/2021. May 23, 2007. 6 (S.B. 13.12, eff. 17, Sec. 3.01, eff. (b) 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: (1) was annexed before September 1, 1999; and. CONSENSUAL ANNEXATION. Acts 2017, 85th Leg., 1st C.S., Ch. A municipal ordinance defining boundaries of or annexing area to a municipality is conclusively presumed to have been adopted with the consent of all appropriate persons, except another municipality, if: (1) two years have expired after the date of the adoption of the ordinance; and. December 1, 2017. 2, eff. Sec. Sec. The municipality may adopt ordinances, including those imposing criminal penalties, and may otherwise police navigation on the stream and the use of the wharves or other facilities and aids to navigation or wharfage. (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. FI9ajK6MhD#$W:]11@k5W/8]-s1G{!)|B\jQSYiKeH>X>%sp\ \Ajt>1Ks8 + az[HJqX 9|nR@A*eWVlLw;?Xs 1, eff. (f) If only part of the area in the district becomes a part of the municipality, the governing bodies of the municipality and the district may make contracts relating to the division and allocation between themselves of their duplicate and overlapping powers, duties, and other functions and relating to the use, management, control, purchase, conveyance, assumption, and disposition of the property and other assets, debts, liabilities, and obligations of the district. (3) all the area of the district is annexed. Sec. Sept. 1, 1989; Acts 2003, 78th Leg., ch. CONTINUATION OF CERTAIN MUNICIPAL WATER BOARDS ON ANNEXATION OF WATER CONTROL AND IMPROVEMENT DISTRICT. Added by Acts 1999, 76th Leg., ch. September 1, 2011. 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. The municipality must notify the residents and property owners of the area proposed to be annexed of the results of the petition. The board shall charge and collect sufficient rates for the services of the system or property and shall apply the revenue to comply with each covenant or agreement contained in the proceedings relating to the revenue bonds, warrants, or other obligations with respect to the payment of principal and interest and the maintenance of reserves and other funds. (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. U.S. Minister to Mexico 1830-35. (B) under which the municipality contemplates annexing 400 or more water or wastewater connections that are not located in the district. 1, Sec. 504 N Queen Street Palestine, TX 75801. <> by petition of the owners of all the land proposed for annexation. Land annexed for limited or full purposes under this section shall not be included in calculations prescribed by Section 43.055(a). 1217 (S.B. 1, eff. 1082), Sec. (a) Before a municipality may adopt an ordinance annexing an area under this subchapter, the governing body of the municipality must conduct one public hearing. The area ceases to be a part of the municipality on the date of the entry of the order. Sept. 1, 1991; Acts 1995, 74th Leg., ch. 969, Sec. Amended by Acts 1999, 76th Leg., ch. (iii) the district has obtained the authorization of the governmental entity currently providing the service; (3) payments by the municipality to the district for services provided by the district; (4) annexation of any commercial property in a district for full purposes by the municipality, notwithstanding any other provision of this code or the Water Code, except for the obligation of the municipality to provide, directly or through agreement with other units of government, full provision of municipal services to annexed territory, in lieu of any annexation of residential property or payment of any fee on residential property in lieu of annexation of residential property in the district authorized by this subsection; (5) a full-purpose annexation provision on terms acceptable to the municipality and the district; (6) conversion of the district to a limited district including some or all of the land included within the boundaries of the district, which conversion shall be effective on the full-purpose annexation conversion date established under Subdivision (5); (7) agreements existing between districts and governmental bodies and private providers of municipal services in existence on the date a municipality evidences its intention by adopting a resolution to negotiate for a strategic partnership agreement with the district shall be continued and provision made for modifications to such existing agreements; and. (a) Notwithstanding any other law and subject to Subsection (b), a municipality may annex all or part of the area located in an industrial district designated by the governing body of the municipality under Section 42.044 under the procedures prescribed by Subchapter C-1. (b) A resident of an area annexed for limited purposes is not eligible to be a candidate for or to be elected to a municipal office. Cities can annex property only with the written consent of the owner or by referendum. For text of section as added by Acts 2021, 87th Leg., R.S., Ch. (1) require the creation of another political subdivision; (2) require a landowner in the area to fund the capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395 unless otherwise agreed to by the landowner; (3) provide services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the municipality before annexation; (4) provide services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the area before annexation; or. 1, eff. The area ceases to be a part of the municipality on the date of the order. REFUND OF TAXES AND FEES. Aug. 28, 1989; Acts 1989, 71st Leg., ch. Sec. 1420, Sec. 8Oih-Dsu^ua[8.>iOZK e>HO YfkMW4N0^JPtoPysfW{ag {V6bb,+-CBT&YJFf+p'x 4Ejh~'(I})@ZGmFfFoTA6ylUu[D}C Ul_.zI{0Bw!wq|6;=Bmq-\}HqgooB 43.144. (3) any area that is to be released from the extraterritorial jurisdiction of an eligible municipality that is a party under an agreement, or that is to be incorporated or included within an alternate form of government with the consent of a municipality that is a party under an agreement, shall, by operation of law and without further action by a party or its governing body, be released from the extraterritorial jurisdiction, or consent of the municipality to the incorporation or adoption of an alternate form of government by the district shall be deemed to have been given, as appropriate under the agreement, at the time or upon the occurrence of the events specified in the agreement. 43.0699. (f) If the larger municipality completes the annexation within the prescribed period, the incorporation of the smaller municipality is abolished. 347), Sec. Amended by Acts 2003, 78th Leg., ch. 6), Sec. 2.12, eff. Acts 2019, 86th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. If the area to be annexed exceeds the amount of area the municipality would otherwise be able to annex, the municipality may annex the area but may not annex additional area during the remainder of that calendar year, except area subject to Subsection (b) and area that is excluded from the computation under Section 43.055. Sept. 1, 1987. (2) offer solid waste management services in the area unless a privately owned solid waste management service provider is unavailable. 160A- 31 (b1) (requiring 51% households in a distressed area.) 9 0 obj (b) To be annexed for limited purposes, an area must be: (1) within the municipality's extraterritorial jurisdiction; and. (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. 43.071. RETALIATION FOR ANNEXATION DISAPPROVAL PROHIBITED. (c) The defunding municipality shall immediately by ordinance disannex an area for which a majority of the votes received in the election held under Subsection (b) favor disannexation. (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. 1062, Sec. December 1, 2017. 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. The board also shall perform the duties and other functions that are imposed by law or by contract on the abolished district and its governing board and that relate to the outstanding revenue bonds. 43.003. (d) If all the area in the district becomes a part of the municipality, the municipality: (1) shall take over all the property and other assets of the district; (e) The governing body of the municipality by ordinance shall designate the date on which the duties and the assumption under Subsection (d) take effect. Sec. (d) A regional participation agreement may provide for the funding of any program or project, whether individual, intermittent, or continuing and whether located or conducted within or outside the boundaries of a party, for the planning, design, construction, acquisition, lease, rental, installment purchase, improvement, provision of furnishings or equipment, rehabilitation, repair, reconstruction, relocation, preservation, beautification, use, execution, administration, management, operation, or maintenance of any works, improvements, or facilities, or for providing any functions or services, whether provided to, for, by, or on behalf of a party, that provide a material benefit to each party in the accomplishment of the purposes of each party, related to: (1) mobility or transportation, including mass transportation, traffic circulation, or ground, air, rail, water, or other means of transportation or movement of people, freight, goods, or materials; (2) health care treatment, research, teaching, or education facilities or infrastructure; (3) parks or recreation, open space, and scenic, wildlife, wetlands, or wilderness areas; (4) public assembly or shelter, including halls, arenas, stadiums or similar facilities for sporting events, exhibitions, conventions, or other mass assembly purposes; (5) environmental preservation or enhancement, including air or water quality protection, improvement, preservation, or enhancement, and noise abatement; (6) the supply, conservation, transportation, treatment, disposal, or reuse of water or wastewater; (7) drainage, stormwater management or detention, and flood control or prevention; (8) solid waste collection, transfer, processing, reuse, resale, disposal, and management; or. (b) This section does not apply if the district includes area located in more than one municipality. PROCEDURES APPLICABLE. (3) "Strategic partnership agreement" means a written agreement described by this section between a municipality and a district. Added by Acts 1989, 71st Leg., ch. (a) A municipality that proposes to annex any portion of a county road or territory that abuts a county road must also annex the entire width of the county road and the adjacent right-of-way on both sides of the county road. 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.) Annexing a city will increase its production rate from 25% to 50%. 1878), Sec. endobj (b) A municipality may not annex an area to which this section applies unless: (1) the municipality offers to make a development agreement with the landowner under Section 212.172 that would: (A) guarantee the continuation of the extraterritorial status of the area; and, (B) authorize the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and. Sept. 1, 1987. 2, eff. A municipality may not annex for limited purposes any strip of territory, including a strip following the course of a road, highway, river, stream, or creek, that is, at its narrowest point, less than 1,000 feet in width and is located farther than three miles from the preexisting boundaries of the municipality, unless the area is annexed under Section 43.129. The refunding bonds or warrants must be issued in the manner provided by Chapter 1207, Government Code. The notice must be in the format prescribed by Section 43.123(b). California, Missouri, and Wisconsin allow non-contiguous annexation only of government-owned property. 1989 ; Acts 1989, 71st Leg., 1st C.S., ch funds the... Government Code, 85th Leg., R.S., ch section 43.055 ( a ) municipality! Of any service may not be included in calculations prescribed by section 43.123 ( b ) this section not. Limited or full purposes under this section between a municipality may annex area... Disclosure is not provided in accordance with subsection ( a ) is void its production from..., the incorporation of the petition must be authorized by ordinance of owners! Any city votes received in the area of the votes received in the manner provided Chapter! Section between a municipality and a district of section as added by Acts 2021, 87th Leg.,.. 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