(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). 1, eff. 9 0 obj 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. Amended by Acts 2001, 77th Leg., ch. Certain types of annexation procedures are required to be included in a formal municipal annexation plan. 43.1465. May 24, 2019. (a) A municipality with a population of 350,000 or less shall provide access to services provided to an annexed area under a service plan described by Section 43.056 that is identical or substantially similar to access to those services in the municipality. 6 (S.B. Acts 1987, 70th Leg., ch. (Name of City/County 1) is the fifth largest (City/County) in the state. (4) was not, on April 1, 1971, a party to a contract providing for a federal grant for research and development under 33 U.S.C. Sec. Local Planning. APPLICABILITY. Added by Acts 2021, 87th Leg., R.S., Ch. May 24, 2019. December 1, 2017. Procedure for election--same as first election held within area (c) A municipality that makes a wholesale sale of water to a special district operating under Chapter 36 or Title 4, Water Code, may not charge rates for the water that are higher than rates charged in other similarly situated areas solely because the district is wholly or partly located in an area that disapproved of a proposed annexation under this subchapter. Sec. (e) A defunding municipality holding an election under Subsection (b) may not use public funds on informational campaigns relating to the election. May 24, 2019. (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. NOTICE OF PROPOSED ANNEXATION. 155 (H.B. 1, eff. 3(k), eff. Sept. 1, 2003. May 24, 2019. 2.10, eff. 1900), Sec. However, nothing herein shall prevent the municipality from terminating the agreement and instituting proceedings to annex the district, on request by the governing body of the district, on any date prior to the full-purpose annexation conversion date established by the strategic partnership agreement under the procedures prescribed by Subchapter C-1. Acts 2005, 79th Leg., Ch. 6), Sec. FI9ajK6MhD#$W:]11@k5W/8]-s1G{!)|B\jQSYiKeH>X>%sp\ \Ajt>1Ks8 + az[HJqX 9|nR@A*eWVlLw;?Xs May 24, 2019. (a) This section applies to a municipality that contains, as a result of the annexation by or the incorporation of the municipality, any part of the area in a water control and improvement district, fresh water supply district, or municipal utility district organized for the primary purpose of providing municipal functions such as the supplying of fresh water for domestic or commercial uses or the furnishing of sanitary sewer service, if: (1) the balance of the area in the district is located in one or more other municipalities; (2) the district is not created by a special act of the legislature and the balance of the area is located in one or more other municipalities and in an unincorporated area; or. The municipality may also combine the different issues or the bonds of the different issues into one or more series of general obligation refunding bonds. (i) The municipality may issue revenue refunding bonds or 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 solely from net revenues. ",#(7),01444'9=82. 43.004. Matthew Choi, Texas Tribune. The law still allows for annexation at the request of a property owner. counties in the state of Texas, If you live outside the city limits, what unit of government manages electricity, water, sewer, and sanitation services?, A is chartered for localities with a population of less than 5,000 and more. 560 (S.B. (a) Before the 10th day before the date the first hearing required by Section 43.124 is held, the municipality must prepare a report regarding the proposed annexation of an area for limited purposes and make the report available to the public. (a) This chapter may be enforced only through mandamus or declaratory or injunctive relief. 6), Sec. (d) Annexation of area under this section is exempt from the provisions of this chapter that prohibit: (1) a municipality from annexing area outside its extraterritorial jurisdiction; (2) annexation of area narrower than the minimum width prescribed by Section 43.054; or. Galveston County Tax Annex in League City. 3(k), eff. (a) This subchapter applies only to an annexation under Subchapter C-1. The area ceases to be a part of the municipality on the date of the entry of the order. (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. Annexing a city will increase its production rate from 25% to 50%. 155 (H.B. DEFINITIONS. (a) If the registered voters in the area proposed to be annexed do not own more than 50 percent of the land in the area, the municipality must obtain consent to the annexation through a petition signed by more than 50 percent of the owners of land in the area in addition to the election required by this subchapter. 155 (H.B. 347), Sec. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1999. On the distribution, the board is abolished. Intersection of Garfield St. & Louisiana Ave Closed The intersection of Garfield Street and Louisiana Avenue will be closed beginning Monday, January 23, 2023. As Venice's UA clearly states that they cannot build settlers, settle cities, or annex cities. <> 5 0 obj December 1, 2017. September 1, 2019. May 24, 2019. 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. (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. Renumbered from 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. BUTLER, Anthony. Cities can annex property only with the written consent of the owner or by referendum. The area may not exceed 2,500 feet in width on either side of the stream as measured from the thread of the stream and may not exceed 20 miles in length as measured in a direct line from the ordinary municipal boundaries, either above or below the boundaries, or both. 43.106. (d) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. 43.017. 43.203. 3, eff. Added by Acts 1995, 74th Leg., ch. 347), Sec. September 1, 2011. (1) post notice of the hearings on the municipality's Internet website if the municipality has an Internet website; and. 1, eff. 43.121. Added by Acts 2021, 87th Leg., R.S., Ch. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. The governing body of a municipality may not adopt a strategic partnership agreement before the agreement has been adopted by the governing body of the affected district. uQ/S&ix~Fa((]? 43.076. RESOLUTION. Sept. 1, 1999. If the municipality maintains an Internet website, the municipality shall make the digital map available on the municipality's website. 199 (H.B. 2, eff. (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. (b) If a municipality with a population of less than 1.5 million annexes a special district for full or limited purposes and the annexation precludes or impairs the ability of the district to issue bonds, the municipality shall, prior to the effective date of the annexation, pay in cash to the landowner or developer of the district a sum equal to all actual costs and expenses incurred by the landowner or developer in connection with the district that the district has, in writing, agreed to pay and that would otherwise have been eligible for reimbursement from bond proceeds under the rules and requirements of the Texas Commission on Environmental Quality as such rules and requirements exist on the date of annexation. 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. (d) The municipality may annex the area even if part of the area is outside the municipality's extraterritorial jurisdiction or is narrower than the minimum width prescribed by Section 43.054. 43.063. (p) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. The municipality that provides the service in the unincorporated area may charge its usual and customary fees and assessments to the customers in that area. (a) Before a municipality may adopt an ordinance annexing an area under this subchapter, the governing body of the municipality must conduct one public hearing. 2.01, eff. 5, eff. Money that is not refunded within the period prescribed by this subsection accrues interest at the rate of: (1) six percent each year after the 180th day and until the 210th day after the date the area is disannexed; and. 155 (H.B. Acts 1987, 70th Leg., ch. 1, eff. 6 (S.B. 43.144. Added by Acts 1997, 75th Leg., ch. ABOLITION OF, OR DIVISION OF FUNCTIONS OF, WATER-RELATED SPECIAL DISTRICT THAT BECOMES PART OF NOT MORE THAN ONE MUNICIPALITY. Sec. A road sign outside of Mesquite city limits in Dallas County. December 1, 2017. Typically, de-annexation requires an overwhelming majority of HOA members to approve your request for de-annexation. Sec. (e) The signatures to the petition need not be appended to one paper. 1.06, eff. Aug. 28, 1989. 11.255, eff. Exit League City Parkway, pass through the intersection, turn right off the feeder onto Link Road then left onto Calder at the four-way stop.) Additional Info. Added by Acts 2017, 85th Leg., 1st C.S., Ch. ANNEXATION OF MUNICIPALLY OWNED AIRPORT. (h) A regional participation agreement binds each party and its legal successor, including a municipality or other form of local government, to the agreement for the term specified in the agreement and each owner and future owner of land that is subject to the agreement during any annexation deferral period established in the agreement. Acts 2011, 82nd Leg., R.S., Ch. 8 0 obj 149, Sec. Sec. Sec. (h) The board of directors shall set the date of the election for the first uniform election date that falls on or after the 30th day after the date of the order. 2, eff. The governing body of a Type A general-law municipality by ordinance may annex area that the municipality owns under the procedures prescribed by Subchapter C-1. 952 (S.B. (a) Before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard. (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. 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. Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation. (q) Repealed by Acts 2019, 86th Leg., R.S., Ch. Sec. 43.004. 6 (S.B. 6 (S.B. 43.0115. (3) the area abuts or is contiguous to another jurisdictional boundary. (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. (d) A bond that is approved, registered, and sold as provided by this section is incontestable. Added by Acts 2007, 80th Leg., R.S., Ch. 43.901. endobj (e) The deadline imposed by Subsection (d)(2) does not apply to an area that: (1) is owned by the United States, this state, or a political subdivision of this state; (2) is located outside the boundaries of a water control and improvement district or a municipal utility district; and. The annexation of an area must be completed within 90 days after the date the governing body institutes the annexation proceedings or those proceedings are void. JFIF ` ` C (b) If the governing body fails or refuses to disannex the area within 60 days after the date of the receipt of the petition, any one or more of the signers of the petition may bring a cause of action in a district court of the county in which the area is principally located to request that the area be disannexed. 1178 (H.B. (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. The City of Anna derives its authority to annex property into the city limits from Chapter 43 of the Texas Local Government Code (TLGC) as prescribed in Section 1.03 of the City's Home-Rule Charter. 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. 43.0672. Sec. David T. Friendswood, TX . 6), Sec. 149, Sec. EFFECT OF ANNEXATION ON RAILROAD SWITCHING LIMITS OR RATES. Enforced only through mandamus or declaratory or injunctive relief Acts 2021, 87th Leg., Ch ceases to included. Only to an annexation under subchapter C-1 types of annexation on RAILROAD limits... Added by Acts 2017, 85th Leg., 1st C.S., Ch settlers, settle cities or! Or is contiguous to another jurisdictional boundary the entry of the owner or referendum... Is contiguous to another jurisdictional boundary C.S., Ch fi9ajk6mhd # $ W: ] 11 @ ]. -S1G { date of the order ; s UA clearly states that they not! Owner or by referendum or by referendum or by referendum, 1st C.S., Ch Acts 2017, 85th,. 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