1, eff. ABOLITION OF WATER-RELATED SPECIAL DISTRICT CREATED WHOLLY IN MUNICIPALITY. The governing body of the smaller municipality shall adopt the ordinance if it receives a petition to do so signed by a number of qualified voters of the municipality equal to at least 10 percent of the number of voters of the municipality who voted in the most recent general election. 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. Technological Hazards. (11) any other term to which the parties agree. The notice must include: (1) a description of the area that has been included in the municipality's annexation plan; (2) a statement that the completed annexation of that area will expand the municipality's extraterritorial jurisdiction to include all or part of the property owner's property; (3) a statement of the purpose of extraterritorial jurisdiction designation as provided by Section 42.001; and. SUBCHAPTER C-4. 43.0672. 1024), Sec. May 24, 2019. (3) is annexed for limited purposes in connection with a strategic partnership agreement under Section 43.0751. PUBLIC HEARINGS. 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, eff. (e) If a district bond, warrant, or other obligation payable in whole or in part from property taxes is assumed by the municipality, the governing body shall levy and collect taxes on all taxable property in the municipality in an amount sufficient to pay the principal of and interest on the bond, warrant, or other obligation as it becomes due and payable. Upon dissolution of the district, all property and obligations of a dissolved district become the responsibility of the municipality. (j) Notwithstanding any other law, a program or project to be funded and any bonds to be issued by a district to make payments under a regional participation agreement are not subject to review or approval by the Texas Commission on Environmental Quality. Any obligation to reimburse the developer may be paid in installments over a three-year period. December 1, 2017. June 15, 2007. (2) if the registered voters of the area do not own more than 50 percent of the land in the area, the petition described by Subdivision (1) is signed by more than 50 percent of the owners of land in the area. (a) The disapproval of the proposed annexation of an area under this subchapter does not affect any existing legal obligation of the municipality proposing the annexation to continue to provide governmental services in the area, including water or wastewater services, regardless of whether the municipality holds a certificate of convenience and necessity to serve the area. Acts 2011, 82nd 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. Added by Acts 1989, 71st Leg., ch. Amended by Acts 1989, 71st Leg., 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. 1, eff. Except as provided by Section 43.0751, beginning December 1, 2017, a municipality described by Section 43.121(a) may annex an area for the limited purposes of applying its planning, zoning, health, and safety ordinances in the area using the procedures under Subchapter C-3, C-4, or C-5, as applicable. (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. (b) A municipality is not required to provide solid waste collection services to a person who continues to use the services of a privately owned solid waste management service provider as provided by Subsection (c). Sec. Sec. Added by Acts 1989, 71st Leg., ch. PERIOD FOR COMPLETION OF ANNEXATION. May 24, 2019. 103 (S.B. 155 (H.B. (a) If the registered voters in the area proposed to be annexed do not own more than 50 percent of the land in the area, the municipality must obtain consent to the annexation through a petition signed by more than 50 percent of the owners of land in the area in addition to the election required by this subchapter. Sec. PETITION. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 1167, Sec. 2.07, eff. If the municipality maintains an Internet website, the municipality shall make the digital map available on the municipality's website. Sept. 1, 2001. December 1, 2017. Mayor's Assistance Office Phone: 832.393.0955 FAX: 832.393.0952 . Acts 2017, 85th Leg., 1st C.S., Ch. (b) The municipality may not initiate a rate proceeding solely because of the disapproval of a proposed annexation of an area under this subchapter. 155 (H.B. This has been a common response of cities to urbanization in neighboring areas. This article is co-authored by Will Creasy, a geospatial analyst at Urban3. Sept. 1, 1987. 3. 1, eff. 2726), Sec. 9, eff. December 1, 2017. EFFECT OF ANNEXATION ON PUBLIC ENTITIES OR POLITICAL SUBDIVISIONS. Sept. 1, 2001. May 24, 2019. (f-2) In addition to the notice requirements under Subsection (f), a home-rule municipality, before the 90th day after the date the municipality adopts or amends an annexation plan under this section, 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. 1167, Sec. ANNEXATION BY CERTAIN MUNICIPALITIES THAT OPERATE MUNICIPALLY OWNED WATER UTILITY. Acts 2019, 86th Leg., R.S., Ch. Even if your HOA has a de-annexation clause, the chances of getting out by using it are slim. The term does not include a groundwater conservation district operating under Chapter 36, Water Code, or a special utility district operating under Chapter 65, Water Code. 43.015. 32, eff. September 1, 2009. (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. ANNEXATION OF COUNTY ROADS REQUIRED IN CERTAIN CIRCUMSTANCES. (e) A municipality that, as a result of the annexation, provides utility services to a school district facility may charge the district for utility services at: (1) the same rate that the district was paying before the annexation; or. Notice of public hearings conducted by the governing body of a district under this subsection shall be given in accordance with the district's notification procedures for other matters of public importance. 43.0752 by Acts 2001, 77th Leg., ch. Authority to annex by petition (with consent). (c) A municipality carrying over an allocation may not annex in a calendar year a total area greater than 30 percent of the incorporated area of the municipality as of January 1 of that year. (3) the area, excluding road or highway right-of-way, is less than 600 acres. The governing body of a Type A general-law municipality by ordinance may annex area that the municipality owns under the procedures prescribed by Subchapter C-1. 6 0 obj
AUTHORITY OF POPULOUS HOME-RULE MUNICIPALITIES TO ANNEX FOR LIMITED PURPOSES; OTHER AUTHORITY NOT AFFECTED. Sec. 6), Sec. December 1, 2017. 2, eff. 43.057. 347), Sec. (a) When at least 50 qualified voters of an area located in a general-law municipality sign and present a petition to the mayor of the municipality that describes the area by metes and bounds and requests that the area be declared no longer part of the municipality, the mayor shall order an election on the question in the municipality. (a) If a municipality enacts an ordinance to annex a special district and assumes control and operation of utilities within the district, and the annexation is invalidated by a final judgment of a court after all appeals have been exhausted, the municipality is deemed, by enactment of its annexation ordinance, to have acquired title to utilities owned by a developer within the special district and is obligated to pay the developer all amounts related to the utilities as provided in Section 43.0715. 6 (S.B. SUBCHAPTER C-5. Sept. 1, 1999. (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. (e) The deadline imposed by Subsection (d)(2) does not apply to an area that: (1) is owned by the United States, this state, or a political subdivision of this state; (2) is located outside the boundaries of a water control and improvement district or a municipal utility district; and. (b) If a road annexed under Subsection (a) is a gravel road, the county retains control of granting access to the road and its right-of-way from property that: (1) is not located in the boundaries of the annexing municipality; and. (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. Sec. 1, eff. (2) is a party to a strategic partnership agreement: (A) with a municipal utility district; and. PERIOD FOR COMPLETION OF ANNEXATION. December 1, 2017. Sec. 18 (S.B. 149, Sec. Sec. (b) A person residing in an annexed area subject to a service plan may apply for a writ of mandamus against a municipality that fails to provide access to services in accordance with Subsection (a). Acts 2021, 87th Leg., R.S., Ch. Amended by Acts 1989, 71st Leg., ch. 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. (b) Notwithstanding any contrary law or municipal charter provision, the governing body of a municipality and the governing body of one or more districts may enter into a regional development agreement to further regional cooperation between the municipality and the district. (g) A regional development agreement binds each party to the agreement and each owner and future owner of land that is subject to the agreement. The term does not include a district or authority the primary function of which is the wholesale distribution of water. Any period during which the municipality is restrained or enjoined by a court from annexing the area is not included in computing the 90-day period. May 24, 2019. Sept. 1, 1987. ANNEXATION OF WATER-RELATED SPECIAL DISTRICT: REIMBURSEMENT OF LANDOWNER OR DEVELOPER; CONTINUATION OF DISTRICT AND TAXING AUTHORITY. December 1, 2017. North Carolina Secretary of State . (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. 347), Sec. stream
May 24, 2019. (2) the sworn affidavit of the publisher of the newspaper in which the notice was published, stating the name of the newspaper and the issue and date of publication. Welcome to Midland, Texas! (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. 43.0505. 1, eff. May 25, 2007. ANNEXATION OF CONTIGUOUS OR CONNECTING RIGHTS-OF-WAY. (c) The governing body may acquire land in the added area by purchase, condemnation, or gift. If condemnation is used, the municipality shall follow the condemnation procedure applying to the condemnation of land by the municipality for the purchase of streets. 6 (S.B. 80, eff. WIDTH REQUIREMENTS. (3) Repealed by Acts 2019, 86th Leg., R.S., Ch. Acts 2017, 85th Leg., 1st C.S., Ch. Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation. However, the area may not be discontinued as part of the municipality if the discontinuation would result in the municipality having less area than one square mile or one mile in diameter around the center of the original municipal boundaries. Amended by Acts 1997, 75th Leg., ch. The notice must be in the format prescribed by Section 43.123(b). 1, eff. 1082), Sec. Sections 1155(a)(2) and (d). <>
218, Sec. 6 (S.B. Sec. (a) In this section, "public entity" includes a county, fire protection service provider, including a volunteer fire department, emergency medical services provider, including a volunteer emergency medical services provider, or special district described by Section 43.062(b)(2)(B). 1, eff. Transferred, redesignated and amended from Local Government Code, Section 43.030 by Acts 2017, 85th Leg., 1st C.S., Ch. 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. Sept. 1, 1999. 2, eff. (b) If a municipality with a population of less than 1.5 million annexes a special district for full or limited purposes and the annexation precludes or impairs the ability of the district to issue bonds, the municipality shall, prior to the effective date of the annexation, pay in cash to the landowner or developer of the district a sum equal to all actual costs and expenses incurred by the landowner or developer in connection with the district that the district has, in writing, agreed to pay and that would otherwise have been eligible for reimbursement from bond proceeds under the rules and requirements of the Texas Commission on Environmental Quality as such rules and requirements exist on the date of annexation. Sept. 1, 1987. 6), Sec. 28, eff. 3(e), eff. The annexation of an area for limited purposes must be completed within 90 days after the date the governing body institutes the annexation proceedings. SUBCHAPTER C-2. 1, eff. 155 (H.B. Gather your sensitive documents and bring them to be shredded free of charge. 22, eff. REGIONAL DEVELOPMENT AGREEMENTS. Such disannexation shall not affect the validity of the annexation of other territory. (a) A municipality disannexing a road or highway shall also disannex a strip of area that is equal in size to the minimum area that the municipality is required to annex in order to comply with the width requirements of Section 43.054 unless such disannexation is undertaken with the mutual agreement of the county government and the municipality. Added by Acts 1989, 71st Leg., ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. (i) A strategic partnership agreement may provide that the district shall not incur additional debt, liabilities, or obligations, to construct additional utility facilities, or sell or otherwise transfer property without prior approval of the municipality. In installments over a three-year period prescribed by Section 43.123 ( b ) shall... 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