In addition, general law cities may annex inhabited areas if the majority of the qualified voters of the area are in favor of becoming part of the city. A person who is qualified to vote in the general-law municipality or the district is eligible to vote in the election. 6), Sec. ANNEXATION OF MUNICIPALLY OWNED AIRPORT. CONTINUATION OF CERTAIN MUNICIPAL WATER BOARDS ON ANNEXATION OF WATER CONTROL AND IMPROVEMENT DISTRICT. 2, eff. SUBCHAPTER C-1. 1 0 obj The service plan may be amended to extend the period for construction if the construction is proceeding with all deliberate speed. The board of trustees must be composed of not more than five members appointed by the governing bodies of the municipalities. (a) A municipality may not regulate under Section 43.0751 the sale, use, storage, or transportation of fireworks outside of the municipality's boundaries. 1, Sec. 43.0691. (g) In any election ordered under Subsection (c), the governing body of the district may also submit to the voters voting in the election any other measure the governing body considers necessary and convenient to effectuate the transition to a municipal or alternate form of local government, including a measure on the question of whether, on incorporation as a municipality or establishment of an alternate form of local government, any rights, powers, privileges, duties, purposes, functions, or responsibilities of the district or the district's authority to issue bonds and impose a tax is transferred to the municipality or alternate form of local government. Annexation reform passed and was signed into law by Gov. 155 (H.B. The area ceases to be a part of the municipality on the date of the order. 43.147. 43.061. (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). On finding that the municipality has failed to take the steps required by Section 43.127(b), the court shall enter an order requiring the municipality to annex the area for full purposes or to disannex the area. Except as otherwise provided by this section, Chapter 1502, Government Code, applies to the revenue refunding bonds, but an election for the issuance of the bonds is not required. (a) In this section, "defunding municipality" means a home-rule municipality that is considered to be a defunding municipality under Chapter 109. 1, eff. Delivering on 2018 & 2022 bond programs. 1082), Sec. (c) If the owner of a right-of-way proposed to be annexed under this section is a governmental entity, the entity may specify the location at which a municipality must deliver notice under Subsection (b). December 1, 2017. (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. 14, eff. Sec. Acts 2019, 86th Leg., R.S., Ch. ANNEXATION OF MUNICIPALLY OWNED RESERVOIR. 3723), Sec. AUTHORITY TO ANNEX AREA ON REQUEST OF OWNERS. If the municipality proposes a schedule to extend the period for providing certain services, the schedule must provide for the provision of full municipal services no later than 4-1/2 years after the effective date of the annexation. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. (a) Before instituting proceedings for annexing an area for limited purposes, the governing body of the municipality must hold two public hearings on the proposed annexation. Geographic i. 43.064. 6), Sec. CIRCUMSTANCES IN WHICH CONSENT TO BOUNDARIES OR ANNEXATION IS PRESUMED. 22, eff. 55(a), eff. Sec. Aug. 28, 1989. EFFECT ON OTHER LAW. (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. 55(a), eff. (i) The board of directors shall give notice of the election in the manner provided for an election of the members of the board. CALHOUN, John C. Served as Secretary of State in the Cabinet of President John Tyler, 1844-1845, and participated in the annexation negotiations. (d) The petition must include a map of and describe the area proposed to be annexed. (d) If the municipality annexes only part of the area in the district, 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. 6), 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. 347), Sec. 43.063. 1.01, eff. Sec. September 1, 2015. Greg Abbott on Aug. 15 and goes into effect Dec. 1. APPLICABILITY. The municipality may combine the different issues or the bonds of different issues of both district and municipal revenue bonds, warrants, or other obligations into one or more series of revenue refunding bonds. ANNEXATION PROCEDURE FOR AREAS EXEMPTED FROM CONSENT ANNEXATION PROCEDURES. 1900), Sec. When faced with budgetary problems an urban government in a state that permits forcible annexation has certain choices: 1) reduce spending, 2) raise taxes, or 3) add high-value property to its boundaries. <> A regional participation agreement must include as parties at least one eligible municipality and one district and may include as parties other eligible municipalities, districts, or persons. JFIF ` ` C Consequently, the area subject to the boundary extension is a strip 5,000 feet wide and 20 miles in length, or as much of that strip as the governing body considers advisable to add to the municipality. by petition of the owners of all the land proposed for annexation. The notice must be in the format prescribed by Section 43.123(b). 43.082. Acts 2017, 85th Leg., 1st C.S., Ch. ABOLITION OF WATER-RELATED SPECIAL DISTRICT THAT BECOMES PART OF MORE THAN ONE MUNICIPALITY. 1, eff. For the purposes of this requirement, an election is pending during the period that begins on the date the board of directors adopts the election order and ends on the date the board declares the result of the election. December 1, 2017. 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. December 1, 2017. 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. DISANNEXATION ACCORDING TO MUNICIPAL CHARTER IN HOME-RULE MUNICIPALITY. (2) state the date on or before which the municipality shall annex the area for full purposes, which date must be within three years after the date the area is annexed for limited purposes. 103 (S.B. September 1, 2011. A municipality may annex an area with a population of 200 or more only if the following conditions are met, as applicable: (1) the municipality holds an election in the area proposed to be annexed at which the qualified voters of the area may vote on the question of the annexation and a majority of the votes received at the election approve the annexation; and. 341 (S.B. 43.054. 155 (H.B. 13 0 obj Added by Acts 2021, 87th Leg., R.S., Ch. 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 Phone: 281-341-3710 832-471-1809: Address: 307 Texas Parkway, Ste 113, Missouri City, Texas 77489-1151 Office Hours: Monday - Friday 8:00 AM - 4:00PM . Missouri City Annex Branch Contact Us | Tax Assessor-Collector | Missouri City Branch. December 1, 2017. Cities can annex property only with the written consent of the owner or by referendum. 3(k), eff. Transferred, redesignated and amended from Local Government Code, Section 43.035 by Acts 2017, 85th Leg., 1st C.S., Ch. House Bill 347, related to ending forced annexation in Texas, became . Sec. 4257), Sec. Mesquite has identified 11 tracts for annexation reaching well into Kaufman County, as much as 17 miles from the first-ring suburb's downtown. Acts 2017, 85th Leg., 1st C.S., Ch. 6), Sec. On the filing of an answer by the governing body, and on application of either party, the case shall be advanced and heard without further delay in accordance with the Texas Rules of Civil Procedure. (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. (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. Currently, residents can petition the county to de-annex their parcels if they have 100% approval from the affected property owners. 149, Sec. Wossum Ranch Phases 3 and 5 2021 Voluntary Annexation completed 07/13/2021. (f) The extraterritorial jurisdiction of a home-rule municipality is not expanded by the annexation of area under this section. 155 (H.B. 1.01(17), eff. There are a couple reasons why they are unlikely to do that: With you no longer paying fees, everybody else's fees will probably go up. ANNEXATION HEARING REQUIREMENTS. AUTHORITY OF TYPE A GENERAL-LAW MUNICIPALITY TO ANNEX AREA IT OWNS. 6), Sec. A municipality may annex an area with a population of less than 200 only if the following conditions are met, as applicable: (1) the municipality obtains consent to annex the area through a petition signed by more than 50 percent of the registered voters of the area; and. Sec. 347), Sec. ENFORCEMENT OF CHAPTER. 155 (H.B. 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. 43.126. 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. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 1, Sec. (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. Study with Quizlet and memorize flashcards containing terms like There are. (4) "Regional development 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. 199 (H.B. (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. (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. REFUND OF TAXES AND FEES. LIMITATION ON EXTRATERRITORIAL JURISDICTION OF CERTAIN MUNICIPALITIES. May 24, 2019. CONTINUATION OF LAND USE. December 1, 2017. 6), Sec. (c) If the area is disannexed under this section, it may not be annexed again within 10 years after the date of the disannexation. December 1, 2017. 149, Sec. Sec. ANNEXATION OF AREA ON REQUEST OF OWNERS. Four years ago, the city annexed This subsection does not prevent the inhabitants of the area from paying in full at any time their pro rata share of the indebtedness. 3(e), eff. Sec. (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. (c) If the area withdraws from a municipality as provided by this section and if, at the time of the withdrawal, the municipality owes any debts, by bond or otherwise, the area is not released from its pro rata share of that indebtedness. 692 (H.B. 2.01. Acts 2019, 86th Leg., R.S., Ch. 6 (S.B. Amended by Acts 1991, 72nd Leg., ch. 347), Sec. 1217 (S.B. May 24, 2019. 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. (2) must provide benefits to each party, including revenue, services, and regulatory benefits, that must be reasonable and equitable with regard to the benefits provided by the other party. 9, eff. June 15, 2007. An annexed city is made when an occupied city is annexed by building the "Annex City" building. CONSENT REQUIREMENT FOR ANNEXATION OF AREA IN CERTAIN CONSERVATION AND RECLAMATION DISTRICTS. 347), Sec. 43.123. (b) To the extent of a conflict with any other law, this section controls. RESOLUTION. 43.202. Sec. 2, eff. (b) Notwithstanding any contrary law or municipal charter provision, the governing body of an eligible municipality, the governing body of a district, and, if applicable, a person may approve and authorize execution and performance of a regional participation agreement to further regional participation in the funding of eligible programs or projects. 55(a), eff. December 1, 2017. 3(k), eff. (c) This section does not apply to a defunding municipality annexing all or part of an area under Section 43.0116 that was designated an industrial district under Section 42.044(b) or the subject of an agreement under Section 42.044(c) as of January 1, 2021. (2) contiguous to the corporate boundaries of the municipality, unless the owner of the area consents to noncontiguous annexation. December 1, 2017. (B) a completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted. PERIOD FOR COMPLETION OF ANNEXATION. This has been a common response of cities to urbanization in neighboring areas. 3(k), eff. 43.125. 155 (H.B. Emergency Management Performance Grant. i. <> Aug. 28, 1989. (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. 5, eff. (2) is a party to a strategic partnership agreement: (A) with a municipal utility district; and. 1015), Sec. (c) Before the second anniversary of the effective date of the annexation of an area, a municipality may not: Added by Acts 2017, 85th Leg., 1st C.S., Ch. 1178 (H.B. 11.255, eff. (e) A defunding municipality holding an election under Subsection (b) may not use public funds on informational campaigns relating to the election. (n) Before the second anniversary of the date an area is included within the corporate boundaries of a municipality by annexation, the municipality may not: (1) prohibit the collection of solid waste in the area by a privately owned solid waste management service provider; or. May 24, 2019. (a) In this section, "water or sewer district" means a district or authority created under Article III, Section 52, Subsections (b)(1) and (2), or under Article XVI, Section 59, of the Texas Constitution that provides or proposes to provide, as its principal function, water services or sewer services or both to household users. 1303), Sec. 544, Sec. The governing bodies of a municipality and a district may conduct joint public hearings under this subsection, provided that at least one public hearing is conducted within the district. The payment to the municipality shall be governed by the requirements of the Texas Natural Resource Conservation Commission. City Action Center Do It Online Other City Services Pay Water Bill Easy and convenient ways to pay your water bill. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> (b) On adoption of the ordinance, the governing body shall enter in the minutes or records of the municipality an order discontinuing the area. (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. Upon dissolution of the district, all property and obligations of a dissolved district become the responsibility of the municipality. Acts 2019, 86th Leg., R.S., Ch. 2.08, eff. (1) may not require the district to provide revenue to the municipality solely for the purpose of obtaining an agreement with the municipality to forgo annexation of the district; and. endobj If a party, land, or landowner is excluded or removed from an agreement, the removal or exclusion is effective on the recordation of the amendment, supplement, modification, or restatement of the agreement implementing the removal or exclusion. 6 (S.B. 1.01, eff. September 1, 2019. View information and documents regarding current or recent annexations. 3, eff. (2) the municipality does not annex in the annexation proceeding any area outside its extraterritorial jurisdiction except the part of the district that is outside its extraterritorial jurisdiction. AUTHORITY OF MUNICIPALITY TO ANNEX AREA QUALIFIED FOR AGRICULTURAL OR WILDLIFE MANAGEMENT USE OR AS TIMBER LAND. 922 (H.B. 1303), Sec. (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. Sec. Acts 2017, 85th Leg., 1st C.S., Ch. unitary. Amended by Acts 1989, 71st 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. (g) If only part of the area in the district becomes a part of the municipality, the district may contract with the municipality for the municipal operation of the district's utility systems and other property and for the transfer, conveyance, or sale of those systems and that property, regardless of kind or location inside or outside municipal boundaries, to the municipality on terms to which the governing bodies of the district and municipality agree. Sept. 1, 1989; Acts 1999, 76th Leg., ch. 6 (S.B. (3) "Planned community" means a planned community of 10,000 acres or more that is subject in whole or in part to a restrictive covenant that contains an ad valorem-based assessment on real property used or to be used, in any part, to fund governmental or quasi-governmental services and facilities within and for the planned community. 5, eff. 43.001. MAP REQUIREMENT FOR PROPOSED ANNEXATION. Sept. 1, 1987. 155 (H.B. Acts 2019, 86th Leg., R.S., Ch. 43.065. Transferred and redesignated from Local Government Code, Section 43.031 by Acts 2017, 85th Leg., 1st C.S., Ch. Each member of the public who wishes to present testimony or evidence regarding the proposed limited-purpose annexation must be given the opportunity to do so. Sec. (b) A colonia that is annexed by a municipality remains eligible for five years after the effective date of the annexation to receive any form of assistance for which the colonia would be eligible if the annexation had not occurred. (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. Amended by Acts 1997, 75th Leg., ch. EFFECT OF ANNEXATION ON OPERATION OF SCHOOL DISTRICT. 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. (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. 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