347), Sec. (n-1) At the conclusion of the term of an agreement between a municipality and a district under Subsection (n), the district and the municipality may extend the agreement for a period not to exceed 10 years. In the action for the writ: (1) the court may order the parties to participate in mediation; (2) the municipality has the burden of proving that the municipality complied with Subsection (a); (3) the person may provide evidence that the costs for the person to access the services are disproportionate to the costs incurred by a municipal resident to access those services; and, (i) disannex the property that is the subject of the suit within a reasonable period specified by the court; or. 1303), Sec. (j) This section does not affect a charter provision of a home-rule municipality. Before the 30th day before the date of the first hearing required under Section 43.063, a municipality shall give written notice of its intent to annex the area to: (1) each property owner in an area proposed for annexation, as indicated by the appraisal records furnished by the appraisal district for each county in which the area is located; (2) each public entity or private entity that provides services in the area proposed for annexation, including each: (A) municipality, county, fire protection service provider, including a volunteer fire department, and emergency medical services provider, including a volunteer emergency medical services provider; and, (B) municipal utility district, water control and improvement district, or other district created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution; and. (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. (4) Repealed by Acts 2019, 86th Leg., R.S., Ch. 6 from 2017 had already done that for cities in the largest counties.) 15 0 obj (d) This section does not authorize the municipality to extend its boundaries to include area that is part of or belongs to another municipality. DISANNEXATION ACCORDING TO MUNICIPAL CHARTER IN HOME-RULE MUNICIPALITY. 1420, Sec. Sec. The General Assembly gave municipalities the authority to annex property into the city limits under session law 1947 chapter 725. Immediately after the presentation of the petition, the governing body shall reconsider the ordinance. All outstanding liabilities of the smaller municipality are assumed by the larger municipality. The notice for the hearing must be: (1) published at least once on or after the 20th day but before the 10th day before the date of the hearing; and. (i) On the annexation, all claims, fines, debts, or taxes due and payable to the smaller municipality become due and payable to the larger municipality and shall be collected by it. <> 6), Sec. 6 (S.B. December 1, 2017. 341 (S.B. U.S. Minister to Mexico 1830-35. 6 (S.B. The law still allows for annexation at the request of a property owner. Tornado Debris Update City Sanitation crews, with the help of debris removal partners, have hauled away nearly 10,675 cubic yards of storm waste. (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. unitary. The 2014 Act extended the review of state policies governing comprehensive growth plans and changes in municipal boundaries begun by Public Chapter 441 on which the Commission released an interim report in December 2013. An annexation by a municipality does not change or otherwise affect the switching limits of a railroad or any rates of a railroad. 1, 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. The governing body may make written contracts or agreements with the owners of land in the industrial district, to guarantee the continuation of the limited purpose annexation status of the district and its immunity from general purpose annexation for a period not to exceed 10 years. 1, eff. June 18, 2003. Emergency Management Performance Grant. 149, Sec. (c) A strategic partnership agreement shall not be effective until adopted by the governing bodies of the municipality and the district. (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. STRATEGIC PARTNERSHIPS FOR CONTINUATION OF CERTAIN DISTRICTS. (b) If the municipality fails to take the steps required by Section 43.127(b), any affected person may petition the district court to compel the annexation of a particular area for full purposes or the disannexation of the area. 1, eff. Sept. 1, 1987. 8.285, eff. 1, Sec. 3, eff. 155 (H.B. 88 (S.B. Sept. 1, 2001. 536), Sec. 43.004. (f) A rate set under Subsection (e) is effective until the first day of the school district's fiscal year that begins after the 90th day after the effective date of the annexation. (d) A regional participation agreement may provide for the funding of any program or project, whether individual, intermittent, or continuing and whether located or conducted within or outside the boundaries of a party, for the planning, design, construction, acquisition, lease, rental, installment purchase, improvement, provision of furnishings or equipment, rehabilitation, repair, reconstruction, relocation, preservation, beautification, use, execution, administration, management, operation, or maintenance of any works, improvements, or facilities, or for providing any functions or services, whether provided to, for, by, or on behalf of a party, that provide a material benefit to each party in the accomplishment of the purposes of each party, related to: (1) mobility or transportation, including mass transportation, traffic circulation, or ground, air, rail, water, or other means of transportation or movement of people, freight, goods, or materials; (2) health care treatment, research, teaching, or education facilities or infrastructure; (3) parks or recreation, open space, and scenic, wildlife, wetlands, or wilderness areas; (4) public assembly or shelter, including halls, arenas, stadiums or similar facilities for sporting events, exhibitions, conventions, or other mass assembly purposes; (5) environmental preservation or enhancement, including air or water quality protection, improvement, preservation, or enhancement, and noise abatement; (6) the supply, conservation, transportation, treatment, disposal, or reuse of water or wastewater; (7) drainage, stormwater management or detention, and flood control or prevention; (8) solid waste collection, transfer, processing, reuse, resale, disposal, and management; or. 6 (S.B. (b) This section does not apply if the district includes area located in more than one municipality. (b) The governing body must conduct at least one additional public hearing not earlier than the 31st day and not later than the 90th day after the date the governing body adopts a resolution under Section 43.0692. 6 (S.B. 43.0671. ANNEXATION OF COUNTY ROADS REQUIRED IN CERTAIN CIRCUMSTANCES. 149, Sec. Acts 2011, 82nd Leg., R.S., Ch. (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. MUNICIPAL BONDS USED TO CARRY OUT PURPOSES OF ABOLISHED CONSERVATION AND RECLAMATION DISTRICT. 6 (S.B. May 24, 2019. 149, Sec. (h) If the annexed smaller municipality has on hand any bond funds for public improvements that are not appropriated or contracted for, the funds shall be kept in a separate special fund to be used only for public improvements in the area for which the bonds were voted. Sept. 1, 1999. 10, eff. 62, eff. (1) none of the area is more than eight miles from the municipality's boundaries; and. However, the municipality may perform in the district all other municipal functions in which the district is not engaged. 1, eff. Acts 2017, 85th Leg., 1st C.S., Ch. Acts 2019, 86th Leg., R.S., Ch. (3) the requirements of Sections 7.002 and 8.002 do not apply to an election ordered under Subsection (c)(1) or (2). PROCEDURES FOR INCORPORATION OR ESTABLISHMENT OF ANOTHER FORM OF LOCAL GOVERNMENT FOR CERTAIN AREAS SUBJECT TO REGIONAL PARTICIPATION AGREEMENT. (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). PUBLIC HEARINGS. 43.126. Sept. 1, 1999. The board shall charge and collect sufficient rates for the services of the system or property and shall apply the revenue to comply with each covenant or agreement contained in the proceedings relating to the revenue bonds, warrants, or other obligations with respect to the payment of principal and interest and the maintenance of reserves and other funds. 43.0635. The municipality may pledge the net revenues of the district utility system or property to the payment of those bonds, warrants, or other obligations. May 24, 2019. (h) Notwithstanding any other law, including a municipal ordinance or charter provision, the governing body by ordinance may change the status of an area previously annexed for general purposes to limited purpose annexation status governed by this section if: (1) the area previously annexed at any time was eligible to be included within the municipal boundaries under Subsection (b); (2) the owners of the area petition the governing body for the change in status; and. 2, eff. December 1, 2017. The amount of the taxes shall be determined using rates from the district's most recent tax levies. Aug. 28, 1989. (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. 5, eff. December 1, 2017. June 10, 2019. Sec. Gather your sensitive documents and bring them to be shredded free of charge. Sec. (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. May 24, 2019. Sec. However, the area may not be discontinued as part of the municipality if the discontinuation would result in the municipality having less area than one square mile or one mile in diameter around the center of the original municipal boundaries. 43.057. 6), Sec. 2.04, eff. (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. Sec. 43.076. 43.0752 by Acts 2001, 77th Leg., ch. Amended by Acts 1989, 71st Leg., ch. Except as provided by Subsection (h), a municipality shall follow the procedures established under the strategic partnership agreement for full-purpose annexation of an area under this section. This section grants additional power to the municipality and is cumulative of the municipal charter. 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. 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. That operating contract may extend for a period, not to exceed 30 years, stipulated in the contract and is subject to amendment, renewal, or termination by the mutual consent of the governing bodies. (f) The extraterritorial jurisdiction of a home-rule municipality is not expanded by the annexation of area under this section. (b) If a municipality fails to annex in a calendar year the entire 10 percent amount permitted under Subsection (a), the municipality may carry over the unused allocation for use in subsequent calendar years. By the end of the third year after that date, the municipality must include in its adopted capital improvements program the projects intended to serve the area and must identify potential sources of funding for capital improvements. 1349), Sec. 43.015. 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. 2, eff. (h) A regional development agreement may not require a district to provide public services and facilities to a person to whom the district is not otherwise authorized to provide services or facilities or to make payments from any source from which the district is not otherwise authorized to make payments. (c) The bonds must be authorized by ordinance of the governing body of the municipality. 1363 (S.B. The municipality shall provide the services by any of the methods by which it extends the services to any other area of the municipality. Added by Acts 1999, 76th Leg., ch. 6), Sec. 2.01. 664, Sec. (2) the landowner declines to make the agreement described by Subdivision (1). Sec. 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. (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. ANNEXATION PROCEDURE FOR AREAS EXEMPTED FROM CONSENT ANNEXATION PROCEDURES. Acts 2017, 85th Leg., 1st C.S., Ch. (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. (a) This section applies only to a municipality that includes solid waste collection services in the list of services that will be provided in the area proposed for annexation on or before the second anniversary of the effective date of the annexation of the area under a written agreement under Section 43.0672 or a resolution under Section 43.0682 or 43.0692. 43.132. Amended by Acts 1989, 71st Leg., ch. Renumbered from Sec. September 1, 2019. The governing body of the smaller municipality shall adopt the ordinance if it receives a petition to do so signed by a number of qualified voters of the municipality equal to at least 10 percent of the number of voters of the municipality who voted in the most recent general election. If a petition protesting the annexation of an area under this subchapter is signed by a number of registered voters of the municipality proposing the annexation equal to at least 50 percent of the number of voters who voted in the most recent municipal election and is received by the secretary of the municipality before the date the election required by this subchapter is held, the municipality may not complete the annexation of the area without approval of a majority of the voters of the municipality voting at a separate election called and held for that purpose. 6), Sec. Ranch Lake Estates 2021 Voluntary Annexation. 43.080. Sections 1155(a)(2) and (d). 2.16, eff. 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. September 1, 2021. The boundaries are extended on the adoption of the ordinance. Transferred and redesignated from Local Government Code, Section 43.031 by Acts 2017, 85th Leg., 1st C.S., Ch. (h) On the full-purpose annexation conversion date set forth in the strategic partnership agreement pursuant to Subsection (f)(5), the land included within the boundaries of the district shall be deemed to be within the full-purpose boundary limits of the municipality without the need for further action by the governing body of the municipality. 6 (S.B. 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. (a) In this section, "military base" means a presently functioning federally owned or operated military installation or facility. stream Sec. Procedure for election--same as first election held within area Sec. (e) A regional participation agreement must be: (2) approved by the governing body of each eligible municipality or district that is or that becomes a party to the agreement; and. (3) reduction of the extraterritorial jurisdiction of a municipality without the written consent of the municipality's governing body. 43.147. (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. 504 N Queen Street Palestine, TX 75801. (3) exchange area with other municipalities. The annexation may include any unincorporated area located in the proximity of the airport. endobj September 1, 2013. 1167, Sec. 155 (H.B. endstream 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. 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. (Name of City/County 2) lies west of (Name of City/County 1) and is the gateway to the jurisdiction. 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. (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). Sept. 1, 1999; Acts 2003, 78th Leg., ch. (2) contiguous to the corporate boundaries of the municipality, unless the owner of the area consents to noncontiguous annexation. The governing body of a municipality must conduct at least one public hearing not earlier than the 21st day and not later than the 30th day after the date the governing body adopts the resolution under Section 43.0682. (3) retail sales in the boundaries of the district will be treated for municipal sales tax purposes as if the district were annexed by the municipality for full purposes. 43.128. Sept. 1, 1995. (j) If the municipality combines the systems or property as provided by Subsection (i), it shall levy on all property subject to taxation by the municipality an annual property tax at a rate that, when combined with other available municipal funds and revenues, is sufficient to pay the principal of and interest on the outstanding obligations. 3, eff. Sept. 1, 1989. 149, Sec. 43.074. <> 4(a), eff. SUBCHAPTER E. ANNEXATION PROVISIONS RELATING TO RESERVOIRS, AIRPORTS, STREETS, AND CERTAIN OTHER AREAS. (a) In this section: (1) "Special district" means a political subdivision one purpose of which is to supply fresh water for domestic or commercial use or to furnish sanitary sewer services or drainage. 225 (H.B. 2.07, eff. Acts 2013, 83rd Leg., R.S., Ch. 199 (H.B. (3) "Strategic partnership agreement" means a written agreement described by this section between a municipality and a district. Sept. 1, 2001. 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.) 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. The population of Texas increased fourfold between 1900 and 1980, when one-third of all Texans were either African American or Hispanic. (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. 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