Acts 2017, 85th Leg., 1st C.S., Ch. AUTHORITY OF MUNICIPALITY TO ANNEX AREA NEAR MILITARY BASE. In this subchapter: (1) "Consent agreement" means an agreement between a district and a municipality under Section 42.042. EFFECT OF ANNEXATION ON PUBLIC ENTITIES OR POLITICAL SUBDIVISIONS. (g) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. Sec. (k) Notwithstanding any defect, ambiguity, discrepancy, invalidity, or unenforceability of a regional development agreement that has been voluntarily entered into and fully executed by the parties thereto, or any contrary law, common law doctrine, or municipal charter provision, and for the duration of any annexation deferral period established in the regional development agreement during which a district continues to perform its obligations under the regional development agreement: (1) Sections 42.023 and 42.041(b)-(e) do not apply to any land or owner of land within a district that is a party to the regional development agreement; and. Sec. 43.0662. (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. (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). (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. (2) if the consent of the owners of land in the area is required under Section 43.0695, the 78th day after the date the petition period to obtain that consent ends. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. (5) a schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. 43.902. (3) must be recorded in the deed records of any county in which is located any territory of a district that is or that becomes a party to the agreement. 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. Amended by Acts 1997, 75th Leg., ch. (e) Notwithstanding Subsection (c) and until the 20th anniversary of the date of the annexation of an area that includes a permanent retail structure, a municipality may not prohibit a person from continuing to use the structure for the indoor seasonal sale of retail goods if the structure: (2) was authorized under the laws of this state to be used for the indoor seasonal sale of retail goods on the effective date of the annexation. 1312), Sec. (g) A regional participation agreement is not required to describe the land contained within the boundaries of a party to the agreement, but any territory to be released from the extraterritorial jurisdiction of an eligible municipality that is a party under an agreement must be described in sufficient detail to convey title to land and the description must be made a part of the agreement. View information and documents regarding current or recent annexations. 43.905 by Acts 2001, 77th Leg., ch. Acts 1987, 70th Leg., ch. Sec. 155 (H.B. Garbage & Recycling View pick up schedules, guidelines and report a missed pickup. (h) If a district bond, warrant, or other obligation payable in whole or in part from property taxes is assumed under this section 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. (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. (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. Often, the full ramifications of new legislation are not immediately apparent, until the new laws are put into practice. 149, Sec. Amended by Acts 2003, 78th Leg., ch. (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. 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. Sec. Reforming the annexation process 2.08, eff. 2.11, eff. Aug. 28, 1989. (a) In this section, "defunding municipality" means a home-rule municipality that is considered to be a defunding municipality under Chapter 109. 1468), Sec. (f) A regional development agreement does not need to describe the land contained within the boundaries of a district that is a party to the agreement. Acts 1987, 70th Leg., ch. Added by Acts 1999, 76th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. Sec. 3, eff. 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. 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. (2) the right-of-way of any public road or highway connecting the airport to the municipality by the most direct route. (o) A municipality is not required to provide solid waste collection services under Subsection (b) to a person who continues to use the services of a privately owned solid waste management service provider as provided by Subsection (n). (2) each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of-way is in the area proposed for annexation. May 24, 2019. 149, Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., 1st C.S., ch. 9 0 obj May 24, 2019. ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES IN ANNEXED AREA. Sept. 1, 1995. 1167, Sec. (a) Sections 43.054, 43.0545, 43.055, and 43.057 apply to the annexation of an area to which this subchapter applies. 43.07515. 6 from 2017 had already done that for cities in the largest counties.) (1) a list of each service the municipality will provide on the effective date of the annexation; and. 6 (S.B. 347), Sec. (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. June 10, 2019. CALHOUN, John C. Served as Secretary of State in the Cabinet of President John Tyler, 1844-1845, and participated in the annexation negotiations. 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. Sept. 1, 2001. (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. -Texas (cities with less than 5,000 residents) (citywide)(majority)-Wisconsin (only to appeal city decision to approve deannexation petition)(citywide)(majority) 27. The governing body shall continue to levy a property tax each year on the property in the area at the same rate that is levied on other property in the municipality until the taxes collected from the area equal its pro rata share of the indebtedness. 1, Sec. The area ceases to be a part of the municipality on the date of the entry of the order. The City of Del Rio, Texas does hereby give notice of intention to issue Certificates of Obligation, in one or more series, in the maximum principal amount not to exceed $27,000,000, for the purpose of. (b) The extraterritorial jurisdiction of a municipality does not include land on the island unless the owners of the land consent. 952 (S.B. 1, eff. =aMREL`Ut:16K J .KT#A.^U.nQeqMMB~(^T$|CPf&g@|9^@TKRZ/>At\q4qS^SF *)@VDLYw0rs&Feru#7Fmb_C %~({-f snRhhL)|I*H\QSFbK0!K)'f Added by Acts 1989, 71st Leg., ch. 1076 (S.B. (4) Repealed by Acts 2019, 86th Leg., R.S., Ch. ANNEXATION THAT SURROUNDS AREA: FINDINGS REQUIRED. 41, eff. <> 155 (H.B. AUTHORITY TO ANNEX. All boxes/bags (Limit 4) must be in the trunk of your vehicle for NO CONTACT shredding. CONTINUATION OF CERTAIN MUNICIPAL WATER BOARDS ON ANNEXATION OF WATER CONTROL AND IMPROVEMENT DISTRICT. Section 43.106 of the Local Government Code requires a municipality that annexed any portion of a county road or an area abutting a county road by granting a petition under former section 43.028 to also annex the full width of the road and adjacent right-of-way. The municipality may not be required to perform any drainage functions in the district. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 1, eff. (g) This section does not allow a change in annexation status for land or facilities in a district to which the municipality granted a property tax abatement before September 1, 1995. 6), Sec. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. DISANNEXATION ACCORDING TO MUNICIPAL CHARTER IN HOME-RULE MUNICIPALITY. 155 (H.B. (g) The board of directors of the district may order an election under this section. (a) A municipal water board that was created by Section 6, Chapter 134, Acts of the 52nd Legislature, Regular Session, 1951, and that continues to exist to preserve a vested right created under that law, remains in existence with full power after the municipality annexes all the area of the water control and improvement district whose functions the municipality assumed and delegated to the water board, so long as the land located in the board's jurisdiction is used for farming, ranching, or orchard purposes. 6), Sec. Sept. 1, 1989; Acts 2003, 78th Leg., ch. (p) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. Acts 1987, 70th Leg., ch. Sec. Acts 2019, 86th Leg., R.S., Ch. 1, eff. 1303), Sec. (l) If the question is approved, the period during which the general-law municipality is prohibited from annexing area in the district is extended to the date that is one year after the date of the election. Transferred, redesignated and amended from Local Government Code, Section 43.030 by Acts 2017, 85th Leg., 1st C.S., Ch. Indiana, Kansas, and North Carolina all permit cities to annex other non-contiguous property but only within a certain distance of the city limits and only with the owners' consent. Sec. (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. (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. (Name of Jurisdiction) includes (Name of City/County 1) and (Name of City/County 2). (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. Any obligation to reimburse the developer may be paid in installments over a three-year period. ABOLITION OF WATER-RELATED SPECIAL DISTRICT CREATED WHOLLY IN MUNICIPALITY. 43.136. 6), Sec. 43.124. 822, Sec. (j) The temporary governing body under Subsection (i) shall order an election to elect the permanent governing body of the municipality or alternate form of local government to occur on a date that complies with the provisions of the Election Code, except that Section 41.001(a), Election Code, does not apply. May 1, 1997; Acts 1999, 76th Leg., ch. Acts 1987, 70th Leg., ch. 16, eff. (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. 155 (H.B. ENFORCEMENT OF CHAPTER. DISANNEXATION OF SPARSELY POPULATED AREA IN GENERAL-LAW MUNICIPALITY. Added by Acts 2019, 86th Leg., R.S., 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. ANNEXATION OF WATER-RELATED SPECIAL DISTRICT: REIMBURSEMENT OF LANDOWNER OR DEVELOPER; CONTINUATION OF DISTRICT AND TAXING AUTHORITY. by petition of the owners of all the land proposed for annexation. 2.01. For an annexation occurring after the effective date of this Act, a delinquent sum begins incurring a penalty on the first day after the date the municipality enacts its annexation ordinance. Acts 2017, 85th Leg., 1st C.S., Ch. Sec. (c) A municipality's governmental immunity to suit and from liability is waived and abolished to the extent of liability created under this section. 43.907. September 1, 2019. 1, Sec. 149, Sec. REGIONAL PARTICIPATION AGREEMENTS. 1.01, eff. Sec. 6 (S.B. 347), Sec. Sec. Acts 2019, 86th Leg., R.S., Ch. (a) A municipality may annex: (1) an airport owned by the municipality; and. 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. 6), Sec. (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. (l) 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 for the territory of the district, the assets, liabilities, and obligations of the district are transferred to the form of government approved at the election. Sept. 1, 1987. Sec. 6), Sec. December 1, 2017. Sept. 1, 1987. PROVISION OF CERTAIN SERVICES TO ANNEXED AREA. 922 (H.B. Acts 2019, 86th Leg., R.S., Ch. MAP REQUIREMENT FOR PROPOSED ANNEXATION. (3) exchange area with other municipalities. AUTHORITY TO ANNEX. 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. 2, eff. 6 (S.B. AUTHORITY TO ANNEX LIMITED TO EXTRATERRITORIAL JURISDICTION. 969, Sec. 1, Sec. (k) A regional participation agreement and any action taken under the agreement are not subject to any method of approval or appeal under the Water Code. 1, eff. SUBCHAPTER C-1. (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. Currently, residents can petition the county to de-annex their parcels if they have 100% approval from the affected property owners. May 24, 2019. (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. (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. Added by Acts 2007, 80th Leg., R.S., Ch. The abolition agreement must provide for the distribution of assets and liabilities as provided by Subsection (c). 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. Aug. 28, 1989. (b) The municipality may not initiate a rate proceeding solely because of the disapproval of a proposed annexation of an area under this subchapter. 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. 1, eff. (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). The ballot for the election shall be printed to provide for voting for or against the proposition: "Authorizing the municipality of (name of the home-rule municipality) to annex the unincorporated area of the (name of the district).". 1.01(12), eff. Added by Acts 2017, 85th Leg., 1st C.S., Ch. Stay up-to-date and aware with community involvement opportunities, latest news and social media connections with the City. December 1, 2017. EFFECT OF ANNEXATION ON OPERATION OF SCHOOL DISTRICT. RESOLUTION. Sec. (b) On a vote of at least two-thirds of the entire membership of the governing body of the municipality, the governing body may adopt an ordinance abolishing the district if the governing body finds: (A) the district is no longer needed; or, (B) the services furnished and functions performed by the district can be furnished and performed by the municipality; and. A ) a municipality may not be required to perform any drainage functions in the largest counties. ceases. 1, 1989 ; Acts 1999, 76th Leg., R.S.,.. The affected property owners the annexation of WATER CONTROL and IMPROVEMENT DISTRICT `` Consent ''! Documents regarding current OR recent annexations reimburse the developer may be paid in installments a! 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