Acts 2017, 85th Leg., 1st C.S., Ch. 1.01, eff. (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). (2) if the election authorizes annexation of the district by the home-rule municipality, the board shall file a certified copy of the resolution in the deed records of each county in which the district is located. Sept. 1, 1987. 43.065. September 1, 2019. Sept. 1, 1989. Refunding bonds must bear interest at the same rate or at a lower rate than that borne by the refunded obligations unless it is shown mathematically that a different rate results in a savings in the total amount of interest to be paid. 1 0 obj (2) appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter. #7. The voters may not vote in any bond election. The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes: Sec. An agreement may be extended only once under this subsection. (b) Upon resumption of the functions of the special district: (1) the municipality shall succeed to the contractual rights of the developer to be reimbursed by the special district for the utilities the municipality acquires from the developer; and. The municipality may annex for limited purposes any land for which the landowner requests annexation and provides to the municipality before the effective date of the annexation the landowner's written consent to annexation for limited purposes. - To Annex the Other Side - Randle Law Office | (281) 657-2000 Texas annexation laws underwent a major overhaul in 2019, a subject our firm addressed in a prior blog post. (b) On adoption of the ordinance, the mayor shall enter in the minutes or records of the governing body an order discontinuing the area. (8) such other lawful terms that the parties consider appropriate. 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. AUTHORITY OF MUNICIPALITY TO ANNEX INDUSTRIAL DISTRICTS. That comprehensive zoning ordinance may not be repealed or amended for a period of 10 years unless the written consent of the landowners who own at least two-thirds of the surface land of the annexed smaller municipality is obtained. RESULTS OF PETITION. (a) This section applies to a service plan under Section 43.065. 43.147. (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. 155 (H.B. 43.141. 37, eff. ELECTION. Acts 2011, 82nd Leg., R.S., Ch. (n) Notwithstanding the provisions of any municipal charter or other law, a district or an eligible municipality is not required to hold an election to authorize a regional participation agreement. 55(a), eff. Sept. 1, 1999. (c) During the public hearing, the governing body: (1) must provide persons interested in the annexation the opportunity to be heard; and. Upon dissolution of the district, all property and obligations of a dissolved district become the responsibility of the municipality. If the annexed area had a level of services, infrastructure, and infrastructure maintenance equal to the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the municipality before annexation, a service plan must maintain that same level of services, infrastructure, and infrastructure maintenance. 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. The General Assembly gave municipalities the authority to annex property into the city limits under session law 1947 chapter 725. DISANNEXATION FOR FAILURE TO PROVIDE SERVICES. Your one stop for non-emergency service requests or general questions. 1064, Sec. 1178 (H.B. If a party or landowner is excluded or removed from an agreement, the removal or exclusion is effective on the recordation requirement of Subsection (d)(3). Immediately after the presentation of the petition, the governing body shall reconsider the ordinance. corporate limits of the city or town as theretofore established" (i.e., as established prior to the proposed annexation). The CCRs for an HOA in Florida provides for annexation of property by two-thirds of members except as provided in another section titled "Additional Phase". (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. (2) that the abolition of the district is in the best interests of the residents and property in the municipality and the district. The offices in the smaller municipality are abolished and the persons holding those offices are not entitled to further remuneration or compensation. (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. (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. Added by Acts 1999, 76th Leg., ch. (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, see other Sec. Sec. If the property is owned by the city and vacant, the city council adopts a simple resolution stating their intent to annex the property. 1.07, eff. (b) The hearings must be held on or after the 40th day but before the 20th day before the date the annexation proceedings are instituted. (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. The municipality shall perform the services and other functions that were performed by the district. 1, Sec. An incorporated community with a population of 5,000 or less that is limited in the subject matter on which it may legislate is a. general-law city. 6), Sec. December 1, 2017. 3(c), eff. 6 (S.B. Sec. Added by Acts 2011, 82nd Leg., R.S., Ch. (c) If at the election held under this subchapter a majority of qualified voters approve the proposed annexation, and if the municipality, as applicable, obtains the required number of petition signatures under Section 43.0695, the municipality may annex the area after: Sec. (e) This section repeals a municipal charter provision to the extent of a conflict with this section. Learn More. 2.18, eff. 347), Sec. 155 (H.B. Any period during which the municipality is restrained or enjoined by a court from annexing the area is not included in computing the 90-day period. Sec. (b) The municipality may collect signatures on the petition only during the period beginning on the 31st day after the date the governing body of the municipality adopts the resolution under Section 43.0682 and ending on the 180th day after the date the resolution is adopted. Added by Acts 2007, 80th Leg., R.S., Ch. DISANNEXATION BY PETITION AND ELECTION IN GENERAL-LAW MUNICIPALITY. 1, Sec. 1.01(17), eff. 2702), Sec. 8, eff. 1.01, eff. (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. Acts 2019, 86th Leg., R.S., Ch. 1015), Sec. WIDTH REQUIREMENTS. ANNEXATION BY CERTAIN MUNICIPALITIES THAT OPERATE MUNICIPALLY OWNED WATER UTILITY. Added by Acts 1999, 76th Leg., ch. (6) may require the municipality to pay the person's costs and reasonable attorney's fees in bringing the action for the writ. The revenue refunding bonds and the general obligation refunding bonds must bear interest at the same rate or at a lower rate than that borne by the refunded obligations unless it is shown mathematically that a different rate results in a savings in the total amount of interest to be paid. (e) An agreement made under Subsection (c) or (d) must be approved by an ordinance adopted by the governing body of each municipality and by an order or resolution adopted by the governing board of the district before the date specified in the agreement for the abolition, distribution, and assumption. Sept. 1, 1987. 21.001(83), eff. The records, public property, public buildings, money on hand, credit accounts, and other assets of the smaller municipality become the property of the larger municipality and shall be turned over to the officers of that municipality. As long as such funds remain restricted for use under an agreement, payments to or income from a regional participation fund shall not be deemed revenues to an eligible municipality for purposes of any law or municipal charter provision relating to revenue or property tax caps or limits. An election under this subsection may, consistent with the regional participation agreement, be ordered for the purpose of: (1) submitting to the qualified voters of the district the question of whether the territory of the district should be incorporated as a municipality; (2) submitting to the qualified voters of a designated area of the district the question of whether that designated area should be incorporated as a municipality; (3) submitting to the qualified voters of the district the question of whether the territory of the district should adopt a specific alternate form of local government other than a municipality; or. 6), Sec. 43.056. An annexation by a municipality does not change or otherwise affect the switching limits of a railroad or any rates of a railroad. 1163 (H.B. 787, Sec. 43.132. 18 (S.B. (d) The municipality may annex the area even if the area is outside the municipality's extraterritorial jurisdiction, is in another municipality's extraterritorial jurisdiction, or is narrower than the minimum width prescribed by Section 43.054. 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. 2, eff. The City Council of the City of Cleveland, Texas will conduct two (2) public hearings on January 22, 2018 and January 23, 2018 at 5:30 pm in the Council Chambers at City Hall, 907 E Houston, Cleveland, Texas 77327 for the purpose of discussion on proposed VOLUNTARY annexation area which is listed below. 1, eff. (a) A municipality may not, after annexing an area, prohibit a person from: (1) continuing to use land in the area in the manner in which the land was being used on the date the annexation proceedings were instituted if the land use was legal at that time; or. 1, eff. (d) If an area is disannexed under Subsection (c), the defunding municipality may not attempt to annex the area before the 10th anniversary of the date on which the criminal justice division of the governor's office issues a written determination in accordance with Section 109.005 finding that the defunding municipality has reversed the reduction described by Section 109.003(1). (3) a general description of the location of the area proposed to be annexed for limited purposes. AUTHORITY TO ANNEX WATER OR SEWER DISTRICT. 1596), Sec. If the property is (a) A general-law municipality may annex: (1) a reservoir owned by the municipality and used to supply water to the municipality; (2) any land contiguous to the reservoir and subject to an easement for flood control purposes in favor of the municipality; and. The ethnic composition changed even more markedly by the middle of the second decade of the 21st century: nearly 40 percent of the population was Hispanic and 13 percent was African American. (3) is annexed for limited purposes in connection with a strategic partnership agreement under Section 43.0751. (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. Transferred, redesignated and amended from Local Government Code, Section 43.026 by Acts 2017, 85th Leg., 1st C.S., Ch. PROVISION OF WATER AND SANITARY SEWER UTILITY SERVICE. (2) establish and maintain wharves, docks, railway terminals, side tracks, warehouses, or other facilities or aids relating to navigation or wharves. Amended by Acts 1991, 72nd Leg., ch. Acts 1987, 70th Leg., ch. 1.01(12), eff. (2) publish notice of the hearings in a newspaper of general circulation: (B) in the area proposed for annexation; and. (a) In this section, "defunding municipality" means a home-rule municipality that is considered to be a defunding municipality under Chapter 109. 43.130. An originally issued municipal revenue bond may not be refunded into municipal general obligation refunding bonds. (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. 3. 6 (S.B. Exercise. endobj APPLICABILITY. 199 (H.B. 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. 15, eff. 62, eff. (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). This section does not prohibit the municipality from continuing to operate utility facilities in the district that are owned and operated by the municipality on the date the part of the district area becomes a part of the municipality. (3) the municipality may collect a waste and wastewater surcharge for customers in the district after restoration of full-purpose annexation provided that: (A) notice of such proposed surcharge is provided to the board of a district six months prior to restoration of full-purpose annexation; (B) the surcharge does not exceed the cost of a post-annexation surcharge to any other district annexed by the municipality; and. (e) In this section, "district" means a conservation and reclamation district of more than 10,000 acres that provides water and sanitary sewer utility service to households and parts of which are located in two or more municipalities, one of which has a population of more than 1.6 million. 18, eff. Acts 2019, 86th Leg., R.S., Ch. June 18, 2003. Acts 1987, 70th Leg., ch. Sec. 6 (S.B. (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. 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. PERIOD FOR COMPLETION OF ANNEXATION. Acts 2019, 86th Leg., R.S., Ch. Phone: 903-731-8400 City Hall Office Hours Monday through Thursday 8 am to 5 pm Friday 9 am to 5 pm However, the municipality may perform in the district all other municipal functions in which the district is not engaged. Emergency Management Performance Grant. (b) At least one of the hearings must be held in the area proposed for annexation if a suitable site is reasonably available and more than 10 percent of the adults who are permanent residents of the area file a written protest of the annexation with the secretary of the municipality within 10 days after the date of the publication of the notice required by this section. Amended by Acts 1997, 75th Leg., ch. 43.052. 155 (H.B. December 1, 2017. 62, Sec. (a) In this section: (1) "District" means a political subdivision created by general or special law that has the powers of a municipal management district under Chapter 375 and a conservation and reclamation district under Chapters 49 and 54, Water Code, a majority by area of the territory of which is located within a planned community and within the extraterritorial jurisdiction of one or more municipalities. Sept. 1, 1987. 43.080. 1, eff. 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