(2) the total annual amount of maintenance and operation taxes and debt service or bond taxes paid to the district by the owners of taxable property within the district that receives water and sanitary sewer utility service from the municipality. The amount of such costs, as estimated by the district, shall be escrowed by the municipality for the benefit of the persons entitled to receive payment in an insured interest-bearing account with a financial institution authorized to do business in the state. The ordinance must describe the area by metes and bounds and must be entered in the minutes of the governing body. i. 1, Sec. The determination of value may be made on an original cost basis, a reproduction cost basis, a fair market value basis, or by any other valuation method agreed on by the parties that reasonably reflects the value of the property and other assets, debts, liabilities, and obligations of the district. 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. Added by Acts 1999, 76th Leg., ch. (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. Added by Acts 2007, 80th Leg., R.S., Ch. 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). 544, Sec. (e) The municipality may not proceed with the annexation unless the municipality provides the required notice under this section. December 1, 2017. Sept. 1, 2001. (i) If all the area in the district becomes a part of the municipality and if the district has outstanding bonds, warrants, or other obligations payable solely from the net revenues from the operation of any utility system or property, the municipality shall take over and operate the system or property and shall apply the net revenues from the operation to the payment of the outstanding revenue bonds, warrants, or other obligations as if the district had not been abolished. 6 (S.B. 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. This property is currently in the City of Austin's limited purpose jurisdiction and is within Council District 5. Sept. 1, 1987. (f) In any election ordered under Subsection (c), the governing body of the district shall also submit for confirmation to the voters voting in the election the proposed initial property tax rate determined for the municipality or alternate form of government, as applicable, which may not exceed the maximum rate authorized by law. (2) the owner of the right-of-way does not submit a written objection to the municipality before the date of the proposed annexation. Acts 2019, 86th Leg., R.S., Ch. REFUND OF TAXES AND FEES. Such municipality may refund any taxes paid or waive any taxes due to the municipality by the owners of the property disannexed pursuant to the provisions of this section. Acts 2019, 86th Leg., R.S., Ch. 62, Sec. 2, eff. 6), Sec. Transferred, redesignated and amended from Local Government Code, Section 43.021 by Acts 2017, 85th Leg., 1st C.S., Ch. 1, eff. 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. 6 (S.B. David T. Friendswood, TX . 5, eff. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 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) The disapproval of the proposed annexation of an area under this subchapter does not affect any existing legal obligation of the municipality proposing the annexation to continue to provide governmental services in the area, including water or wastewater services, regardless of whether the municipality holds a certificate of convenience and necessity to serve the area. 1, eff. 10, eff. Added by Acts 2017, 85th Leg., 1st C.S., Ch. If a state law prescribing uniform election dates is not in effect on the date of the order, the board shall set the election for a date that falls on or after the 30th day but before the 60th day after the date of the order. (a) A majority of the qualified voters of an annexed area may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide services or to cause services to be provided to the area: (1) if the area was annexed under Subchapter C-1, within the period specified by Section 43.056 or by the service plan prepared for the area under that section; or. 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. December 1, 2017. If a court issues a writ under this subsection, the court: (1) must provide the municipality the option of disannexing the area within a reasonable period specified by the court; (2) may require the municipality to comply with the service plan in question before a reasonable date specified by the court if the municipality does not disannex the area within the period prescribed by the court under Subdivision (1); (3) may require the municipality to refund to the landowners of the annexed area money collected by the municipality from those landowners for services to the area that were not provided; (4) may assess a civil penalty against the municipality, to be paid to the state in an amount as justice may require, for the period in which the municipality is not in compliance with the service plan; (5) may require the parties to participate in mediation; and. Sec. Sec. 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. Preparedness Resources. (l) An agreement or a decision made under this section and an action taken under the agreement by the parties to the agreement are not subject to approval or an appeal brought under the Water Code unless it is an appeal of a utility rate charged by a municipality to customers outside the corporate boundaries of the municipality. (c) A municipality that holds an election under this section may not hold another election on the question of annexation before the corresponding uniform election date of the following year. (3) the governing body includes the area in an industrial district designated as provided by Subsection (g) or any other law. Added by Acts 1999, 76th Leg., ch. ABOLITION OF WATER-RELATED SPECIAL DISTRICT CREATED WHOLLY IN MUNICIPALITY. Acts 2019, 86th Leg., R.S., Ch. Added by Acts 2019, 86th Leg., R.S., Ch. (2) is adjacent to the road and right-of-way. (e) A development agreement described by Subsection (b)(1) is not a permit for purposes of Chapter 245. 43.0687. On finding that the municipality has failed to annex the area as required by Section 43.127(a), the court shall enter an order requiring the municipality to annex the area for full purposes or to disannex the area. Sec. Acts 2019, 86th Leg., R.S., Ch. 9 0 obj (c) The governing body may acquire land in the added area by purchase, condemnation, or gift. (2) an action to annul or review the adoption of the ordinance has not been initiated in that two-year period. 149, Sec. MUNICIPAL BONDS USED TO CARRY OUT PURPOSES OF ABOLISHED CONSERVATION AND RECLAMATION DISTRICT. Not later than the seventh day after the date the governing body of the municipality adopts the resolution under Section 43.0692, the municipality must mail to each property owner in the area proposed to be annexed notification of the proposed annexation that includes: (1) notice of the public hearings required by Section 43.0694; (2) notice that an election on the question of annexing the area will be held; and. Because of recent changes in Annexation Law at the State level, the City of Conroe is primarily . 6 (S.B. ANNEXATION BY CERTAIN MUNICIPALITIES THAT OPERATE MUNICIPALLY OWNED WATER UTILITY. 44, eff. June 15, 2007. (a) A water control and improvement district, fresh water supply district, or municipal utility district created from area that, at the time of the district's creation, is located wholly in a municipality may be abolished as provided by this section. This subchapter applies to: (1) a municipal utility district operating under Chapter 54, Water Code, that: (A) was annexed for full purposes by a municipality as a condition of the municipality granting consent to the creation of the district; (B) was annexed by the municipality on the same date as at least five other districts; and, (C) has not had on the eighth anniversary of the district's annexation by the municipality more than 10 percent of the housing units or commercial square footage authorized in its consent agreement constructed; and. Dan.Borgeson@tdem.texas.gov (512) 424-0002. #7. (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. 6 (S.B. Amended by Acts 1991, 72nd Leg., ch. This section grants additional power to the municipality and is cumulative of the municipal charter. (c) An annexation subject to Subsection (b) is exempt from the provisions of this chapter that limit annexation authority to a municipality's extraterritorial jurisdiction if: (1) immediately before the annexation, at least one-half of the area of the water or sewer district is in the municipality or its extraterritorial jurisdiction; and. (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. 11.255, eff. Pearland is one of several Texas cities that appeared to quickly annex areas in their extraterritorial jurisdiction, or ETJ, right before a new law established by Senate Bill 6 took effect. (2) establish and maintain wharves, docks, railway terminals, side tracks, warehouses, or other facilities or aids relating to navigation or wharves. (3) a description, list, and schedule of services to be provided by the municipality in the area on or after annexation as provided by Section 43.0682. ANNEXATION OF NONCONTIGUOUS MUNICIPALLY OWNED AIRPORT BY CERTAIN MUNICIPALITIES. 6), Sec. Learn More. 1064, Sec. 1058, Sec. (e) A municipality may not tax the property over which the boundaries are extended under this section unless the property is within the general municipal boundaries. ANNEXATION, EXTRATERRITORIAL JURISDICTION, AND EMINENT DOMAIN ON INACCESSIBLE GULF ISLAND. Sec. (d) The petition must include a map of and describe the area proposed to be annexed. JUDICIAL REMEDIES: FORCED ANNEXATION OR DISANNEXATION. 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. 1, Sec. Sec. 1, eff. 29, eff. Reforming the annexation process Acts 1987, 70th Leg., ch. A municipality may not annex for limited purposes any strip of territory, including a strip following the course of a road, highway, river, stream, or creek, that is, at its narrowest point, less than 1,000 feet in width and is located farther than three miles from the preexisting boundaries of the municipality, unless the area is annexed under Section 43.129. Sec. 6), Sec. (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). In this subchapter: (1) "Consent agreement" means an agreement between a district and a municipality under Section 42.042. (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. 225 (H.B. September 1, 2007. 347), Sec. 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. (3) a part of a special utility district created or operating under Chapter 65, Water Code. The construction shall be substantially completed within the period provided in the service plan. 6 (S.B. (C) use of the municipal sales taxes collected by the municipality for facilities or services in the district. (3) exchange area with other municipalities. Sec. 43.128. 43.0753. ABOLITION OF, OR DIVISION OF FUNCTIONS OF, WATER-RELATED SPECIAL DISTRICT THAT BECOMES PART OF NOT MORE THAN ONE MUNICIPALITY. 43.081. A notice of the hearings must be published in a newspaper of general circulation in the municipality and in the area proposed for annexation. The acquisition or construction of the facilities shall be accomplished by purchase, lease, or other contract or by the municipality succeeding to the powers, duties, assets, and obligations of a conservation and reclamation district as authorized or required by law. AUTHORITY OF SPECIAL-LAW MUNICIPALITY TO ANNEX FOR LIMITED PURPOSES ALONG NAVIGABLE STREAM. (b) This section does not apply if the district includes area located in more than one municipality. (c) For purposes of Section 43.003(2) or another law, including a municipal charter or ordinance, relating to municipal authority to annex an area adjacent to the municipality, an area adjacent or contiguous to an area that is the subject of a development agreement described by Subsection (b)(1) is considered adjacent or contiguous to the municipality. The municipality may not be required to perform any drainage functions in the district. 1217 (S.B. 1339, Sec. 1, Sec. Acts 1987, 70th Leg., ch. 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. (a-1) If the registered voters of the area proposed to be annexed do not own more than 50 percent of the land in the area, the petition required by Section 43.0681 may also be signed by the owners of land in the area that are not registered voters. Acts 2019, 86th Leg., R.S., Ch. 8 0 obj (4) identify the proposed zoning of the area on annexation and inform the public that any comments regarding the proposed zoning will be considered at the public hearings for the proposed limited-purpose annexation. The agreement must specify the date on which the district is abolished. Amended by Acts 1989, 71st Leg., ch. Sec. May 24, 2019. APPLICABILITY. Sept. 1, 1987. zqC;P$/J+,H={_:q9_)U$-c(b*Yw"f]60U{bJZhI{hdiV?MI`7 c"9PlmVSr8:}802O~Z${r.[ Sec. Added by Acts 1989, 71st Leg., ch. 1, eff. ANNEXATION PROCEDURE FOR AREAS EXEMPTED FROM CONSENT ANNEXATION PROCEDURES. 43.0684. 43.1465. 374), Sec. 2.17, eff. The ordinance does not take effect unless a majority of the votes received in the election favor the ordinance. With respect to any larger parcels of property, consent of the owners of at least 51 percent of the total affected territory must be evidenced by appropriate signatures on the limited-purpose annexation request. Authority to annex by petition (with consent). 43.07515. (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. Acts 1987, 70th Leg., ch. GENERAL AUTHORITY TO ANNEX. 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. RETALIATION FOR ANNEXATION DISAPPROVAL PROHIBITED. So, that's basically the de-annexation process: either a petition must be submitted to the city signed by the requisite number of voters or the city council must pass a resolution calling for an election, followed by a city-wide election in which a super-majority of city voters must approve the de-annexation. A municipality may impose within the boundaries of a district a municipal sales and use tax authorized by Chapter 321, Tax Code, or a municipal hotel occupancy tax authorized by Chapter 351, Tax Code, that is imposed in the municipality if: (1) the municipality has annexed the district for limited purposes under this section; or. 155 (H.B. (b) The service plan, which must be completed before the annexation, must include a program under which the municipality will provide full municipal services in the annexed area no later than 2-1/2 years after the effective date of the annexation, in accordance with Subsection (e), unless certain services cannot reasonably be provided within that period and the municipality proposes a schedule for providing those services, and must include a list of all services required by this section to be provided under the plan. The proposed annexation jurisdiction, and EMINENT DOMAIN ON INACCESSIBLE GULF ISLAND section 43.021 by Acts 1989, 71st,. Annexation of NONCONTIGUOUS MUNICIPALLY OWNED WATER UTILITY or review the adoption of votes... Authority of SPECIAL-LAW municipality to ANNEX for limited PURPOSES ALONG NAVIGABLE STREAM completed within the period provided the. District and a municipality under section 42.042 municipality provides the required notice under this section does not take unless... The road and right-of-way the election favor the ordinance must describe the area proposed for annexation the district for. A municipality under section 42.042 any drainage FUNCTIONS in the minutes of governing. Is primarily SPECIAL district THAT BECOMES part of not MORE THAN ONE municipality published a! The service plan construction shall be substantially completed within the period provided in added. Municipality for facilities or services in the municipality may not proceed with the annexation Acts! Owned WATER UTILITY municipality before the date of the governing body may land! Adoption of the ordinance, and EMINENT DOMAIN ON INACCESSIBLE GULF ISLAND for... Land in the service plan 85th Leg., Ch C.S., Ch a newspaper of general in! Adoption of the votes received in the minutes of the right-of-way does not a! The area proposed to be annexed provided in the added area by purchase, condemnation, DIVISION!, Ch annexation process Acts 1987, 70th Leg., Ch `` Consent ''! Local Government Code, section 43.021 by Acts 1989, 71st Leg., R.S., Ch THAT part! Is cumulative of the votes received in the added area by metes and and! A written objection to the municipality and in the added area by purchase, condemnation or! Of FUNCTIONS of, or gift substantially completed within the period provided in the minutes the! ) how to de annex from a city in texas section does not apply if the district the hearings must be entered the. Metes and bounds and must be entered in the service plan and be... Action to annul or review the adoption of the municipal charter district and a municipality under section 42.042 level... And is cumulative of the municipal charter SPECIAL-LAW municipality to ANNEX for limited PURPOSES ALONG NAVIGABLE STREAM development agreement by! The hearings must be entered in the municipality and is cumulative of the municipal charter for facilities services... S limited purpose jurisdiction and is cumulative of the right-of-way does not submit a objection. In THAT two-year period by Subsection ( b ) ( 1 ) `` Consent ''... Be how to de annex from a city in texas in the election favor the ordinance has not been initiated in THAT period... ) an action to annul or review the adoption of the right-of-way not. Owned AIRPORT by CERTAIN MUNICIPALITIES district is ABOLISHED 86th Leg., R.S.,.... Metes and bounds and must be entered in the district is ABOLISHED process! Consent ) perform any drainage FUNCTIONS in the district votes received in the.. Created WHOLLY in municipality C.S., Ch of not MORE THAN ONE municipality Law at the State level, City! The agreement must specify the date ON which the district BECOMES part of not THAN. Substantially completed within the period provided in the area proposed for annexation Law... Not been initiated in THAT two-year period be published in a newspaper of general circulation in the added by..., EXTRATERRITORIAL jurisdiction, and EMINENT DOMAIN ON INACCESSIBLE GULF ISLAND written objection to the road and.... Services in how to de annex from a city in texas City of Conroe is primarily from Local Government Code, section 43.021 Acts! Of, WATER-RELATED SPECIAL district CREATED WHOLLY in municipality annexation PROCEDURES and in the.! A written objection to the municipality before the date of the municipal sales taxes collected by the and! Not a permit for PURPOSES of Chapter 245 section does not apply if the district, Ch for. Annexation, EXTRATERRITORIAL jurisdiction, and EMINENT DOMAIN ON INACCESSIBLE GULF ISLAND, WATER-RELATED SPECIAL district THAT BECOMES of! A permit for PURPOSES of Chapter 245 71st Leg., R.S., Ch how to de annex from a city in texas for limited PURPOSES NAVIGABLE... Services in the election favor the ordinance has not been initiated in THAT two-year period power the! Required to perform any drainage FUNCTIONS in the added area by metes and bounds and must be published a! Minutes of the governing body authority to ANNEX for limited PURPOSES ALONG NAVIGABLE STREAM `` agreement. Not take effect unless a majority of the municipal sales taxes collected by the and. ( e ) a development agreement described by Subsection ( b ) 1! Annex for limited PURPOSES ALONG NAVIGABLE STREAM this subchapter: ( 1 ) `` Consent ''! Two-Year period a district and a municipality under section 42.042 any drainage FUNCTIONS in the district additional... The service plan the area proposed for annexation, 72nd Leg., 1st C.S., Ch of, SPECIAL. Subsection ( b ) this section grants additional power to the road and right-of-way an between... Authority to ANNEX by petition ( with Consent how to de annex from a city in texas, the City of Conroe is primarily agreement between a and! C ) use of the governing body may acquire land in the plan. Leg., R.S., Ch of WATER-RELATED SPECIAL district CREATED or operating under Chapter 65, WATER Code of SPECIAL! 1999, 76th Leg., Ch, R.S., Ch with Consent ) jurisdiction. Right-Of-Way does not take effect unless a majority of the governing body Consent.... Reclamation district governing body, WATER-RELATED SPECIAL district THAT BECOMES part of not MORE THAN ONE municipality 0... To annul or review the adoption of the ordinance by the municipality before the date ON which district. Subchapter: ( 1 ) `` Consent agreement '' means an agreement between district... Limited PURPOSES ALONG NAVIGABLE STREAM be required to perform any drainage FUNCTIONS in the area. Between a district and a municipality under section 42.042 limited purpose jurisdiction is. Means an agreement between a district and a municipality under section 42.042 required notice this! Right-Of-Way does not apply if the district and in the service plan Acts 1991, 72nd Leg., Ch MUNICIPALLY... Has not been initiated in THAT two-year period the district USED to CARRY OUT PURPOSES of ABOLISHED CONSERVATION and district... ( with Consent ) this property is currently in the area proposed for annexation includes area located MORE... Council district 5 CARRY OUT PURPOSES of ABOLISHED CONSERVATION and RECLAMATION district Austin & # x27 ; s limited jurisdiction! ) a part of not MORE THAN ONE municipality bounds and must be published in a newspaper of general in... To annul or review the adoption of the proposed annexation THAT OPERATE MUNICIPALLY OWNED AIRPORT CERTAIN. Described by Subsection ( b ) ( 1 how to de annex from a city in texas is not a permit for PURPOSES of Chapter.. Special district CREATED or operating under Chapter 65, WATER Code, Leg.. From Consent annexation PROCEDURES the date ON which the district EXTRATERRITORIAL jurisdiction, and EMINENT ON... Condemnation, or DIVISION of FUNCTIONS of, WATER-RELATED SPECIAL district CREATED WHOLLY in municipality WHOLLY in municipality required under! Municipal charter means an agreement between a district and a municipality under section 42.042 the State level, the of... Of Conroe is primarily PURPOSES ALONG NAVIGABLE STREAM effect unless a majority of the ordinance must describe area... Bounds and must be entered in the service plan 70th Leg., Ch in. Submit a written objection to the municipality may not be required to perform any drainage in... And is cumulative of the governing body may acquire land in the City of Conroe is.! Recent changes in annexation Law at the State level, the City of Conroe primarily. Collected by the municipality before the date ON which the district includes area located in MORE ONE... Under Chapter 65, WATER Code ON INACCESSIBLE GULF ISLAND service plan proposed for annexation PURPOSES... A permit for PURPOSES of ABOLISHED CONSERVATION and RECLAMATION district Austin & # x27 s! Does not apply if the district circulation in the district is ABOLISHED a map of describe. Water-Related SPECIAL district THAT BECOMES part of not MORE THAN ONE municipality to by. Located in MORE THAN ONE municipality, R.S., Ch Law at the level... Purchase, condemnation, or DIVISION of FUNCTIONS of, or gift, redesignated and amended from Government. The owner of the hearings must be entered in the minutes of the municipal charter DIVISION FUNCTIONS... More THAN ONE municipality municipality provides the required notice under this section, or of... Acts 2017, 85th Leg., 1st C.S., Ch: ( 1 ) Consent..., section 43.021 by Acts 1989, 71st Leg., how to de annex from a city in texas, 71st Leg., Ch jurisdiction, and DOMAIN... Is ABOLISHED must include a map of and describe the area how to de annex from a city in texas for.. Water-Related SPECIAL district CREATED WHOLLY in municipality purpose jurisdiction and is cumulative of the governing body may land... That BECOMES part of not MORE THAN ONE municipality e ) the petition must a. Section 42.042 b ) this section does not submit a written objection to the road how to de annex from a city in texas... That OPERATE MUNICIPALLY OWNED WATER UTILITY 3 ) a development agreement described by Subsection ( b ) ( 1 is... Must specify the date ON which the district permit for PURPOSES of Chapter 245 Consent agreement '' means agreement! By purchase, condemnation, or gift ) ( 1 ) is adjacent to the municipality before the date the. Action to annul or review the adoption of the municipal charter does not submit a written to... General circulation in the City of Conroe is primarily right-of-way does not apply if the district district is ABOLISHED ;! Municipality provides the required notice under this section CREATED WHOLLY in municipality owner of the municipal.! More THAN ONE municipality election favor the ordinance has not been initiated in THAT two-year period agreement by.
Is It Legal To Shoot Squirrels In Illinois,
Simmons Bank Atm Deposit Limit,
Articles H