2, eff. Sec. The protest must state the name, address, and age of each protester who signs. 218, Sec. State law provides two methods by which cities can annex property that is contiguous with its existing limits: by an annexation referendum. The municipality may issue refunding bonds or warrants to refund bonds, warrants, or other obligations, including unpaid earned interest on them, that is assumed by the municipality. Aug. 28, 1989. December 1, 2017. LIMITATION ON EXTRATERRITORIAL JURISDICTION OF CERTAIN MUNICIPALITIES. (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. 6), Sec. 103 (S.B. 155 (H.B. 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. The board shall conduct the election in the area composed of the district and the general-law municipality. Additional Info. Sec. 2.07, eff. Sec. 6 (S.B. This means that prior to 1999, the City of Houston had the ability to annex The Woodlands with a vote of the Houston City Council. (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. May 24, 2019. 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. 43.063. (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. (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. 3(f), eff. A municipality or alternate form of local government resulting from an election described by this subsection is incorporated or established on the date a majority of the members of the governing body qualify and take office. June 18, 2015. (2) "Delinquent sum" means the sum a municipality has failed to timely pay to a landowner or developer under Subsection (b). May 24, 2019. 43.136. 43.054. December 1, 2017. (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. Sept. 1, 1987. 2, eff. (2) the governing body of the municipality may not include the area covered by the regional development agreement in a municipal annexation plan and may not initiate or continue an annexation proceeding relating to that area after the effective date of this section. December 1, 2017. DISANNEXATION FROM DEFUNDING MUNICIPALITY. 149, Sec. 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. The boundaries are extended on the adoption of the ordinance. A municipality with a population of more than 175,000 located in a county that contains an international border and borders the Gulf of Mexico may not annex an area that would cause another municipality to be entirely surrounded by the corporate limits or extraterritorial jurisdiction of the annexing municipality. FI9ajK6MhD#$W:]11@k5W/8]-s1G{!)|B\jQSYiKeH>X>%sp\ \Ajt>1Ks8 + az[HJqX 9|nR@A*eWVlLw;?Xs December 1, 2017. The plan may be amended through negotiation at the hearings, but the provision of any service may not be deleted. Sec. If the ordinance ordering the election is to be adopted as a result of a petition, the ordinance shall be adopted within 30 days after the date the petition is received. May 24, 2019. 6 (S.B. Added by Acts 2017, 85th Leg., 1st C.S., Ch. (4) annexed at the request of the owners of the area. 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 Except as provided by this subsection, if the annexed area had a level of services superior to the level of services provided within the corporate boundaries of the municipality before annexation, a service plan must provide the annexed area with a level of services that is comparable to the level of services available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Any obligation to reimburse the developer may be paid in installments over a three-year period. Acts 2019, 86th Leg., R.S., Ch. (a) This subchapter applies only to an annexation under Subchapter C-1. (b) To be annexed for limited purposes, an area must be: (1) within the municipality's extraterritorial jurisdiction; and. 17, eff. (k) A municipality that has annexed all or part of a district for limited purposes under this section may impose a sales and use tax within the boundaries of the part of the district that is annexed for limited purposes. <> DISANNEXATION OF UNIMPROVED AREA OR NONTAXABLE AREA IN CERTAIN MUNICIPALITIES. For an annexation occurring prior to the effective date of the changes in law made by this Act in amending Subsection (b), a delinquent sum begins incurring a penalty on the first day of the eighth month following the month in which the municipality enacted its annexation ordinance. Sec. The assumption by each municipality must be based on the ratio that the value of the property and other assets distributed to that municipality bears to the total value of all the property and other assets of the district. By the end of the first year after the date an area is annexed for limited purposes, the municipality must develop a land use and intensity plan as a basis for services and capital improvements projects planning. 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. 43.080. 2.01, see other Sec. 597, Sec. (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. %PDF-1.5 149, Sec. 8 0 obj 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. Sept. 1, 1987. DISANNEXATION FOR FAILURE TO PROVIDE SERVICES. AUTHORITY TO ANNEX LIMITED TO EXTRATERRITORIAL JURISDICTION. Wossum Ranch Phases 3 and 5 2021 Voluntary Annexation completed 07/13/2021. (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 43.0692. 1185 (H.B. 175 (H.B. 504 N Queen Street Palestine, TX 75801. 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. May 24, 2019. 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. (c) The municipality may not impose a tax on any property in an area annexed for limited purposes or on any resident of the area for an activity occurring in the area. Annex City Build Time 18 hours Build Cost 4250 3750 1250 1500 2500 1750 10000 Unlocks Every unit Categories Amended by Acts 1991, 72nd Leg., ch. Sec. 103 (S.B. Sections 1155(a)(2) and (d). 1, eff. 43.0117. Sec. 2, eff. (e) A defunding municipality holding an election under Subsection (b) may not use public funds on informational campaigns relating to the election. (d) Section 43.054 does not apply to the annexation of a right-of-way under this section. (h) The municipality may issue general obligation refunding bonds in its own name to refund in whole or in part its pro rata share of any outstanding district bonds, warrants, or other obligations, including unpaid earned interest on them, that are assumed by the municipality and that are payable in whole or in part from property taxes. 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. 155 (H.B. Sept. 1, 1999. December 1, 2017. (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. May 24, 2019. AUTHORITY OF SPECIAL-LAW MUNICIPALITY TO ANNEX FOR LIMITED PURPOSES ALONG NAVIGABLE STREAM. 597, Sec. Upon placement of the funds in the escrow account, the annexation may become effective. Sept. 1, 1991. ",#(7),01444'9=82. Acts 2011, 82nd Leg., R.S., Ch. (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. 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. Added by Acts 1999, 76th Leg., ch. 7, eff. In 2017, the Texas Legislature passed a law that requires cities to canvass would-be annexations, allowing residents there to vote on the matter. Sept. 1, 1999. ANNEXATION OF CERTAIN ADJACENT AREAS. (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. (d) A delinquent sum incurs a penalty of six percent of the amount of the sum for the first calendar month it is delinquent plus one percent for each additional month or portion of a month the sum remains unpaid. (d) Subsection (b) does not apply if the minimum width of the narrow territory described by Subsection (b)(2), following subsequent annexation, is no longer less than 1,000 feet in width at its narrowest point. 1, Sec. 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. (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. PROHIBITION AGAINST ANNEXATION TO SURROUND MUNICIPALITY IN CERTAIN COUNTIES. (5) "Regional participation agreement" means a contract or agreement entered into under this section or in anticipation of the enactment of this section and any amendment, modification, supplement, addition, renewal, or extension to or of the contract or agreement or any proceeding relating to the contract or agreement. Acts 2019, 86th Leg., R.S., Ch. 155 (H.B. 5, eff. An election for members of the governing body of an alternate form of government must be held under the law applicable to that form of government, to the extent consistent with this section. 16 0 obj 787, Sec. 1, eff. 787, Sec. 6), Sec. June 10, 2019. 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). The full-purpose annexation conversion date established by a strategic partnership agreement may be altered only by mutual agreement of the district and the municipality. Four years ago, the city annexed If the property is owned by the city and vacant, the city council adopts a simple resolution stating their intent to annex the property. Added by Acts 1999, 76th Leg., ch. The contract may not impair the obligation of another contract of the municipality or district. Such disannexation shall not affect the validity of the annexation of other territory. Incorporated cities in Anderson County include the county seat of Palestine, Elkhart, and Frankston. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 7, eff. Aug. 28, 1989. 55(a), eff. (2) follow the course of the road or highway. 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. Sept. 1, 1999. Sept. 1, 1989; Acts 1989, 71st Leg., ch. MAP REQUIREMENT FOR PROPOSED ANNEXATION. Sec. An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. 6 (S.B. The district is abolished on the date the duties and assumption take effect. 1, Sec. 6), Sec. (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. Acts 2019, 86th Leg., R.S., Ch. CONTINUATION OF LAND USE. 692 (H.B. (B) contains fewer than one occupied residence or business structure for every two acres and fewer than three occupied residences or business structures on any one acre. 43.902. Amendments, De-annexations, Dissolutions, Annexation Ordinances and Annexation Maps . Acts 1987, 70th Leg., ch. 62, eff. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. (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. ANNEXATION BY CERTAIN MUNICIPALITIES OF LAND OWNED BY NAVIGATION DISTRICT. 43.148. June 14, 2021. 4(a), eff. (1) post notice of the hearings on the municipality's Internet website if the municipality has an Internet website; and. (k) If all the area in the district becomes a part of the municipality, the municipality, unless the refunding authorized by Subsection (l) has been accomplished, shall separately operate the district and municipal systems and property and may not commingle revenue if the municipality has outstanding bonds, warrants, or other bonded obligations payable from and secured by a pledge of the net revenue of its own utility system or property and does not have an amount annually accruing to its surplus revenue fund that exceeds the amount of the fund pledged to the payment of outstanding municipal obligations and that is sufficient to meet the annual obligations for which the district revenues are pledged. Amended by Acts 1989, 71st Leg., ch. 774 (H.B. 88 (S.B. (c) A court may award court costs and reasonable and necessary attorney's fees to the prevailing party in an action under this chapter. All cities are authorized to annex a sparsely occupied area on petition of the area's landowners, if the area meets certain requirements. (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. 43.0672. 1303), Sec. (8) such other lawful terms that the parties consider appropriate. 43.0661. A municipality may not be incorporated in an area annexed for limited purposes unless the annexing municipality gives its consent. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 2, 3, eff. 43.905 by Acts 2001, 77th Leg., ch. AUTHORITY OF MUNICIPALITY TO ANNEX AREA NEAR MILITARY BASE. May 24, 2019. (2) following two public hearings on the matter, the municipality and the district enter a written agreement providing for the imposition of the tax or taxes. 149, Sec. Sept. 1, 1995. EFFECT OF ANNEXATION ON PUBLIC ENTITIES OR POLITICAL SUBDIVISIONS. 43.0505. 1, Sec. 1082), Sec. The municipality may combine different issues of district and municipal revenue bonds, warrants, or other obligations into one series of revenue refunding bonds and may pledge the net revenues of the utility systems or property to the payment of the refunding bonds as the governing body considers proper. Municipality gives its consent 1999, 76th Leg., R.S., Ch plan be. Of UNIMPROVED area or NONTAXABLE area in CERTAIN MUNICIPALITIES of LAND OWNED by NAVIGATION district NAVIGATION district incorporated in... Acts 1999, 76th Leg., Ch course of the district and the general-law municipality has an website... Area annexed for LIMITED PURPOSES unless the annexing municipality gives its consent follow the course of the hearings but... State the name, address, and Frankston 4 ) annexed at the hearings on the the! The ordinance, 82nd Leg., 1st C.S., Ch the annexing municipality gives its.. 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