(a) This section applies only to a municipality that: (1) operates a municipally owned water utility; and. (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. The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes: (1) a statement of the municipality's intent to annex the area; (2) a detailed description and map of the area; (3) a description of each service to be provided by the municipality in the area on or after the effective date of the annexation, including, as applicable: (E) operation and maintenance of water and wastewater facilities in the annexed area; (F) operation and maintenance of roads and streets, including road and street lighting; (G) operation and maintenance of parks, playgrounds, and swimming pools; and. (8) such other lawful terms that the parties consider appropriate. North Carolina Secretary of State . 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. 6 (S.B. Added by Acts 1999, 76th Leg., ch. (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. (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. (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. (c) An annexation subject to Subsection (b) is exempt from the provisions of this chapter that limit annexation authority to a municipality's extraterritorial jurisdiction if: (1) immediately before the annexation, at least one-half of the area of the water or sewer district is in the municipality or its extraterritorial jurisdiction; and. 6), Sec. xXmOH,Q^SI}H@${y)^'vgYlN'G%y@2y2K&K+^]k X1*Xn.(PoU54+/>_#J>k@T&UF, 'pO&x9O-E!i!A 1, eff. In case of any conflict or ambiguity between this section and any other law or municipal charter provision, this section shall prevail and control. 155 (H.B. December 1, 2017. 55(a), eff. 3(k), eff. (a) In a calendar year, a municipality may not annex a total area greater than 10 percent of the incorporated area of the municipality as of January 1 of that year, plus any amount of area carried over to that year under Subsection (b). Acts 2019, 86th Leg., R.S., Ch. Mazey. 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. Sept. 1, 1987. 10/28/2011 12:18 PM. Acts 2017, 85th Leg., 1st C.S., Ch. 155 (H.B. 43.136. (d) A bond that is approved, registered, and sold as provided by this section is incontestable. The amount of such costs, as estimated by the district, shall be escrowed by the municipality for the benefit of the persons entitled to receive payment in an insured interest-bearing account with a financial institution authorized to do business in the state. 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 . 2.16, eff. (e) The larger municipality, within 90 days after the date the resolution is received, must complete the annexation by ordinance in accordance with its municipal charter or the general laws of the state. Acts 2019, 86th Leg., R.S., Ch. 149, Sec. If a state law prescribing uniform election dates is not in effect on the date of the order, the board shall set the election for a date that falls on or after the 30th day but before the 60th day after the date of the order. (a) In this section, "defunding municipality" means a home-rule municipality that is considered to be a defunding municipality under Chapter 109. Sec. (S.B. 43.074. (a) A water control and improvement district, fresh water supply district, or municipal utility district created from area that, at the time of the district's creation, is located wholly in a municipality may be abolished as provided by this section. 248, Sec. 81, eff. Any obligation to reimburse the developer may be paid in installments over a three-year period. Added by Acts 1999, 76th 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. ANNEXATION OF CERTAIN ADJACENT AREAS. December 1, 2017. 3(k), eff. (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. Before any amendment is adopted, the governing body must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.063. 15, eff. DEFINITIONS. Sec. December 1, 2017. Added by Acts 2017, 85th Leg., 1st C.S., Ch. (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. June 18, 2003; Acts 2003, 78th Leg., ch. The date must be set for a day within 90 days after the date the area becomes a part of the municipality. Except as otherwise provided by this section, Subchapter B, Chapter 1502, Government Code, applies to the revenue refunding bonds, but an election for the issuance of the bonds is not required. (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. The population of Texas increased fourfold between 1900 and 1980, when one-third of all Texans were either African American or Hispanic. Reforming the annexation process 1, eff. Sec. 347), Sec. 504 N Queen Street Palestine, TX 75801. Acts 1987, 70th Leg., ch. Sept. 1, 1999. Sept. 1, 1987. Annexation Information. Acts 2017, 85th Leg., 1st C.S., Ch. (e) The service plan must also include a program under which the municipality will initiate after the effective date of the annexation the acquisition or construction of capital improvements necessary for providing municipal services adequate to serve the area. 11 0 obj 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. If a majority of the votes received is in favor of the annexation, the secretary of the smaller municipality or other appropriate municipal official shall forward by certified mail to the secretary of the larger municipality a certified copy of the resolution. (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, 2003. 1, eff. Sec. Added by Acts 1989, 71st Leg., ch. 3, eff. May 24, 2019. 43.903. (3) specify the financial obligations of the district during and after the period of limited-purpose annexation for: (A) facilities constructed by the municipality that are in or that serve the district; (B) debt incurred by the district for water and sewer infrastructure that will be assumed by the municipality at the end of the period of limited-purpose annexation; and. (a) At the time a municipality makes an offer to a landowner to enter into an agreement in which the landowner consents to annexation, the municipality must provide the landowner with the written disclosure described by Section 212.172(b-1). 8.285, eff. 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 Matthew Choi, Texas Tribune. (c) Notwithstanding Subsection (a), a municipality with a population of 21,000 or more located in a county with a population of 100,000 or more may annex a publicly owned strip or similar area following the course of a road or highway for the purpose of annexing territory contiguous to the strip or area if the territory contiguous to the strip or area was formerly used or was to be used in connection with or by a superconducting super collider high-energy research facility. Acts 2017, 85th Leg., 1st C.S., Ch. (f) The annexation of area under this section outside the extraterritorial jurisdiction of the annexing municipality does not expand the extraterritorial jurisdiction of the municipality. May 24, 2019. Sept. 1, 1999; Acts 2003, 78th Leg., ch. June 10, 2019. Sec. A landowner's written consent to limited-purpose annexation is binding on all future owners of land in the area annexed for limited purposes pursuant to the consent. 6), Sec. In the event the municipality is unable to complete the report prior to the effective date of the annexation as a result of the developer's failure to provide information to the municipality which cannot be obtained from other sources, the municipality shall obtain from the district the estimated costs of each project previously undertaken by a developer which are eligible for reimbursement. 1052 (H.B. December 1, 2017. 6, eff. 43.0505. (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. DISANNEXATION BY PETITION AND ELECTION IN GENERAL-LAW MUNICIPALITY. 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. (a) The mayor and governing body of a general-law municipality by ordinance may discontinue an area as a part of the municipality if: (1) the area consists of at least 10 acres contiguous to the municipality; and. 4, eff. Amended by Acts 1989, 71st Leg., ch. (c) If an agreement is not reached within 90 days after the date the municipality receives a petition submitted by a district: (1) the district's status is automatically altered from full-purpose annexation to limited-purpose annexation for a period of not less than 10 years, beginning January 1 of the year following the date of the submission of a petition, unless the voters of the district have approved the dissolution of the district through an election authorized by this section; and, (2) on the expiration of the 10-year period of Subdivision (1), notwithstanding any other provision of law, the district may be restored to full-purpose annexation at the option of the municipality, provided that the municipality assumes all obligations otherwise assigned by law to a municipality that annexes a district; and. Your one stop for non-emergency service requests or general questions. PUBLIC HEARINGS. (C) with corporate boundaries contiguous to the boundaries of a district that has entered into a regional participation agreement under this section with another eligible municipality described by Paragraph (A). Sec. 38, eff. (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. June 10, 2019. SUBCHAPTER A-1. (1) project the kinds and levels of development that will occur in the area in the next 10 years if the area is not annexed for limited purposes and also if the area is annexed for limited purposes; (2) describe the issues the municipality considers to give rise to the need for the annexation of the area for limited purposes and the public benefits to result from the limited-purpose annexation; (3) analyze the economic, environmental, and other impacts the annexation of the area for limited purposes will have on the residents, landowners, and businesses in the area; and. Sept. 1, 2001. =aMREL`Ut:16K J .KT#A.^U.nQeqMMB~(^T$|CPf&g@|9^@TKRZ/>At\q4qS^SF *)@VDLYw0rs&Feru#7Fmb_C %~({-f snRhhL)|I*H\QSFbK0!K)'f 347), Sec. (b) The municipality must obtain the consent required by this section through the petition process prescribed by Sections 43.0685(b)-(e), and the petition must be verified in the manner provided by Section 43.0686(a). Acts 2009, 81st Leg., R.S., Ch. PROVISION OF SERVICES TO ANNEXED AREA. Added by Acts 1989, 71st Leg., ch. (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). (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. Sec. endobj (a) When the petition period prescribed by Section 43.0685 ends, the petition shall be verified by the municipal secretary or other person responsible for verifying signatures. 6), Sec. 3(i), eff. Under the bill, if a city funds its police department at a level lower than it has for the past two fiscal years it loses its right to raise property taxes more than it did the year before. With respect to any larger parcels of property, consent of the owners of at least 51 percent of the total affected territory must be evidenced by appropriate signatures on the limited-purpose annexation request. September 1, 2019. Aug. 28, 1989. Sept. 1, 1987. 6), Sec. 6), Sec. Sept. 1, 1991. 43.129. A few months ago, Chuck Marohn wrote an article asking when it's okay to annex property, and it struck a nerve in the Urban3 office.. As Chuck explained, "Annexation the act of bringing property outside of the city limits into the municipal boundariesis rarely more than an economic sugar high for a city, one . Sec. (g) If the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the municipality before annexation, a service plan must provide the annexed area with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. 1, eff. Otherwise, any party may commit or pledge or may issue bonds payable from or secured by a pledge of any available source of funds, including unencumbered sales and use taxes, to make payments due or to become due under an agreement. (B) under which the municipality contemplates annexing 400 or more water or wastewater connections that are not located in the district. (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. 155 (H.B. Sept. 1, 1991; Acts 1995, 74th Leg., ch. December 1, 2017. (2) "Delinquent sum" means the sum a municipality has failed to timely pay to a landowner or developer under Subsection (b). Sept. 1, 1995; Acts 1999, 76th Leg., ch. 43.0685. (a) Before the publication of the notice of the first hearing required under Section 43.063, the governing body of the municipality proposing the annexation shall direct its planning department or other appropriate municipal department to prepare a service plan that provides for the extension of full municipal services to the area to be annexed. Acts 2017, 85th Leg., 1st C.S., Ch. Sec. (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. (f) Before the petition is circulated among the voters, notice of the petition must be given by posting a copy of the petition for 10 days in three public places in the annexed area and by publishing a copy of the petition once in a newspaper of general circulation serving the area before the 15th day before the date the petition is first circulated. December 1, 2017. The governing body of a municipality by ordinance may annex any navigable stream adjacent to the municipality and within the municipality's extraterritorial jurisdiction under the procedures prescribed by Subchapter C-1. 374), Sec. The municipality may pledge the net revenues of the district utility system or property to the payment of those bonds, warrants, or other obligations. (k) On approval by the governing body, the service plan is a contractual obligation that is not subject to amendment or repeal except that if the governing body determines at the public hearings required by this subsection that changed conditions or subsequent occurrences make the service plan unworkable or obsolete, the governing body may amend the service plan to conform to the changed conditions or subsequent occurrences. (a) If the municipality fails to annex the area for full purposes as required by Section 43.127(a), any affected person may petition the district court to compel the annexation of the area for full purposes or the disannexation of the area. (c) The ordinance ordering the election must provide for the submission of the question at an election to be held on the first uniform election date prescribed by Chapter 41, Election Code, that occurs after the 30th day after the date the ordinance is adopted and that affords enough time to hold the election in the manner required by law. 55(b), eff. (b) On the next uniform election date that occurs after the date on which the criminal justice division of the governor's office issues a written determination that a municipality is a defunding municipality and the time required by Section 3.005, Election Code, the defunding municipality shall hold a separate election in each area annexed in the preceding 30 years by the defunding municipality on the question of disannexing the area. Aug. 28, 1989. Stay up-to-date and aware with community involvement opportunities, latest news and social media connections with the City. Pafford Tract 2021 Voluntary Annexation completed 04/13/2021. 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. Typically, de-annexation requires an overwhelming majority of HOA members to approve your request for de-annexation. Michael Maresh Ten years ago, five business owners on Texas Highway 19 in the Woodgate subdivision. (2) "Eligible municipality" means a municipality: (A) that has a population of 1.5 million or more and that includes in its extraterritorial jurisdiction at least 90 percent by area of the territory of a district; (B) that includes in its extraterritorial jurisdiction not more than 10 percent of the territory of a district that has entered into a regional participation agreement under this section with another eligible municipality described by Paragraph (A); or. The acquisition or construction of the facilities shall be accomplished by purchase, lease, or other contract or by the municipality succeeding to the powers, duties, assets, and obligations of a conservation and reclamation district as authorized or required by law. The . In 2019, the Texas Legislature made a huge change when it passed HB 347, a bill eliminating forced annexation in Texas. 43.016. September 1, 2009. 768, Sec. (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. Sec. 43.0761. (b) The municipality succeeds to the powers, duties, assets, and obligations of the district as provided by this section. 2.02, eff. 347), Sec. The system or property shall be operated in that manner until all the revenue bonds, warrants, or obligations are retired in full by payment or by the refunding of the bonds, warrants, or other obligations into municipal obligations. (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. 816, Sec. 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. 155 (H.B. (i) The board of directors shall give notice of the election in the manner provided for an election of the members of the board. December 1, 2017. September 1, 2021. ANNEXATION FOR FULL PURPOSES. The agreement shall be recorded in the deed records of the county or counties in which the land included within the district is located and shall bind each owner and each future owner of land included within the district's boundaries on the date the agreement becomes effective. Added by Acts 1989, 71st Leg., ch. (a) This chapter may be enforced only through mandamus or declaratory or injunctive relief. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1987. Sec. 149, Sec. Greg Abbott on Aug. 15 and goes into effect Dec. 1. This section does not affect the authority of a municipality to issue bonds for other purposes. PERIOD FOR COMPLETION OF ANNEXATION. (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. 155 (H.B. ANNEXATION OF CONTIGUOUS OR CONNECTING RIGHTS-OF-WAY. 149, Sec. 1062, Sec. 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!!! (f) After the adoption of the ordinance extending the municipal boundaries, the municipality may fully regulate navigation, wharfage, including wharfage rates, and all facilities, conveniences, and aids to navigation or wharfage. Aug. 28, 1989. 43.143. (2) has the physical and economic characteristics of a colonia, as determined by the Texas Department of Housing and Community Affairs. PETITION. 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).
