This section grants additional power to the municipality and is cumulative of the municipal charter. May 24, 2019. Aug. 28, 1989; Acts 1989, 71st Leg., ch. Except as provided by Section 43.0751, beginning December 1, 2017, a municipality described by Section 43.121(a) may annex an area for the limited purposes of applying its planning, zoning, health, and safety ordinances in the area using the procedures under Subchapter C-3, C-4, or C-5, as applicable. 35, eff. The offices in the smaller municipality are abolished and the persons holding those offices are not entitled to further remuneration or compensation. 3(k), eff. (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. A digital map required under this subsection must be made available without charge and in a format widely used by common geographic information system software or in any other widely used electronic format if the municipality does not have common geographic information system software. (15) any other provision or term to which the parties agree. Certain types of annexation procedures are required to be included in a formal municipal annexation plan. (4) submitting to the qualified voters of a designated area of the district the question of whether that designated area should adopt a specific alternate form of local government other than a municipality. The municipality shall provide the services by any of the methods by which it extends the services to any other area of the municipality. September 1, 2019. 1, Sec. Land annexed for limited or full purposes under this section shall not be included in calculations prescribed by Section 43.055(a). (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. September 1, 2021. (2) the special district shall resume the use of the utilities acquired and paid for by the municipality and shall thereafter acquire the utilities from the municipality and reimburse the municipality for amounts the municipality paid the developer. (B) in any manner that complies with Subchapter J, Chapter 49, Water Code. 1217 (S.B. (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. Tornado Debris Update City Sanitation crews, with the help of debris removal partners, have hauled away nearly 10,675 cubic yards of storm waste. (e) The larger municipality, within 90 days after the date the resolution is received, must complete the annexation by ordinance in accordance with its municipal charter or the general laws of the state. (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. REPORT REGARDING PLANNING STUDY AND REGULATORY PLAN. endobj Added by Acts 1989, 71st Leg., ch. September 1, 2007. (b) The municipality by ordinance may extend the boundaries to include an area composed of the navigable stream and the land on each side of the stream. 1167, Sec. 10/28/2011 12:18 PM. 5, eff. (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. 155 (H.B. The population of Texas increased fourfold between 1900 and 1980, when one-third of all Texans were either African American or Hispanic. June 10, 2019. Acts 2019, 86th 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 55(a), eff. 6), Sec. 43.123. 787, Sec. 1064, Sec. We must now turn our attention to extraterritorial jurisdictions (ETJs). 43.0662. (a) In this section, "colonia" means a geographic area that consists of 11 or more dwellings that are located in close proximity to each other in an area that may be described as a community or neighborhood and that: (1) has a majority population composed of individuals and families of low income and very low income, as defined by Section 2306.004, Government Code, and based on the federal Office of Management and Budget poverty index, and that meets the qualifications of an economically distressed area under Section 17.921, Water Code; or. stream 4, eff. (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. Sept. 1, 2003. Sept. 1, 1999. (c) The governing body may acquire land in the added area by purchase, condemnation, or gift. The notice may not be smaller than one-quarter page of a standard-size or tabloid-size newspaper, and the headline on the notice must be in 18-point or larger type. (f) If the abolished district has outstanding bonds, warrants, or other obligations payable in whole or in part from the net revenue from the operation of the district utility system or property, the affected municipalities shall take over and operate the system or property through a board of trustees as provided by this section. 43.122. Acts 2017, 85th Leg., 1st C.S., Ch. Added by Acts 2021, 87th Leg., R.S., Ch. 43.905 by Acts 2001, 77th Leg., ch. Sec. The election shall be held on the first uniform election date prescribed by Chapter 41, Election Code, that occurs after the date on which the petition is filed and that affords enough time to hold the election in the manner required by law. Acts 2017, 85th Leg., 1st C.S., Ch. Acts 1987, 70th Leg., ch. 155 (H.B. September 1, 2011. The service plan may be amended to extend the period for construction if the construction is proceeding with all deliberate speed. Sec. If proceedings are completed while the election is pending, the annexation, to the extent that it includes area in the district, takes effect only if the election results in the defeat of the question and, in that case, it takes effect on the date the result of the election is officially declared. House Bill 347 from last session eliminated unilateral annexation by any city. December 1, 2017. (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. (c) A municipality may not take property on the island through eminent domain. The boundaries are extended on the adoption of the ordinance. 43.004. SUBCHAPTER E. ANNEXATION PROVISIONS RELATING TO RESERVOIRS, AIRPORTS, STREETS, AND CERTAIN OTHER AREAS. WIDTH REQUIREMENTS. (a) Sections 43.054, 43.0545, 43.055, and 43.057 apply to the annexation of an area to which this subchapter applies. (a) In this section, "district," "eligible municipality," and "regional participation agreement" have the meanings assigned by Section 43.0754. Unlike other states, Texas does not allow for consolidated city-county governments. Amended by Acts 1997, 75th Leg., ch. 2.02, eff. Sec. May 24, 2019. 149, Sec. 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. (a) The qualified voters of an area annexed for limited purposes are entitled to vote in municipal elections regarding the election or recall of members of the governing body of the municipality, the election or recall of the controller, if the office of controller is an elective position of the municipality, and the amendment of the municipal charter. 149, Sec. (b) If, before its abolition, the district voted to issue bonds to provide waterworks, sanitary sewer facilities, or drainage facilities and if some or all of the bonds were not issued, sold, and delivered before the abolition, the governing body of the municipality may issue and sell municipal bonds in an amount not to exceed the amount of the unissued district bonds to carry out the purposes for which the district bonds were voted. 1, eff. 43.080. Aug. 28, 1989. Sept. 1, 1999. 7 0 obj 1.01(7), eff. In 2019, the Texas Legislature made a huge change when it passed HB 347, a bill eliminating forced annexation in Texas. 1, eff. The annexation of an area for limited purposes does not extend the municipality's extraterritorial jurisdiction. (d) Within 10 days after the date on which the election is held, the governing body of the smaller municipality shall canvass the election returns and by resolution shall declare the results of the election. (d) Before the governing body of a municipality or a district adopts a strategic partnership agreement, it shall conduct two public hearings at which members of the public who wish to present testimony or evidence regarding the proposed agreement shall be given the opportunity to do so. <> (d) A provision of a development agreement described by Subsection (b)(1) that restricts or otherwise limits the annexation of all or part of the area that is the subject of the agreement is void if the landowner files any type of subdivision plat or related development document for the area with a governmental entity that has jurisdiction over the area, regardless of how the area is appraised for ad valorem tax purposes. (a) This section applies only to each municipality that under any other law, including Section 43.075, abolishes a conservation and reclamation district created under Article XVI, Section 59, of the Texas Constitution, including a water control and improvement district, fresh water supply district, or municipal utility district. 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. Added by Acts 1999, 76th Leg., ch. Such disannexation shall not affect the validity of the annexation of other territory. 43.013. 43.1465. May 24, 2019. December 1, 2017. 43.0686. Renumbered from Sec. 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. Texas cities have used -- to determine whether or not a city should impose a cap on the property tax rate with forced reluctant representatives to place the proposed ordinance on the ballot. 43.141. Aug. 28, 1989. 32, eff. (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. unitary. 6), Sec. (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. Funny. 248, Sec. Amended by Acts 1997, 75th Leg., ch. Before the date of each hearing, the notice must be published at least once on or after the 20th day before the hearing date and must contain: (1) a statement of the purpose of the hearing; (2) a statement of the date, time, and place of the hearing; and. 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. 2, eff. (k) An election ordered under Subsection (h) or (j) to elect members of the governing body of a municipality must be held under the applicable provisions of Chapter 22, 23, or 24, to the extent consistent with this section. (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. Not later than the seventh day after the date the governing body of the municipality adopts the resolution under Section 43.0682, the municipality must mail to each resident and property owner in the area proposed to be annexed notification of the proposed annexation that includes: (1) notice of the public hearing required by Section 43.0684; (2) an explanation of the 180-day petition period described by Section 43.0685; and. 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. However, the municipality does not violate this subsection if the construction process is interrupted for any reason by circumstances beyond the direct control of the municipality. 347), Sec. 3(d), eff. b. DISANNEXATION ACCORDING TO MUNICIPAL CHARTER IN HOME-RULE MUNICIPALITY. May 24, 2019. 6), Sec. U.S. Minister to Mexico 1830-35. 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. (d) Area annexed under Subsection (b) is included in computing the amount of area that a municipality may annex under Section 43.055 in a calendar year. Sec. 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. (a) Subject to Section 43.1211, the governing body of a home-rule municipality with more than 225,000 inhabitants by ordinance may annex an area for the limited purposes of applying its planning, zoning, health, and safety ordinances in the area. %PDF-1.5 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. September 1, 2019. This article is co-authored by Will Creasy, a geospatial analyst at Urban3. (11) any other term to which the parties agree. Sec. 23, eff. 2.16, eff. 43.062. MUNICIPAL ANNEXATION PLAN REQUIRED. September 1, 2011. 3(k), eff. (c) The district is abolished on the annexation of all of its area by the municipality. Sec. Sec. The date must be set for a day within 90 days after the date the area becomes a part of the municipality. PRESS RELEASE: CITY OF DEL RIO ECONOMIC DEVELOPMENT CORPORATION APPROVES INCENTIVES FOR TEXAS ROADHOUSE DEVELOPER. (B) a completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted. By the end of the second year after that date, the municipality must include the area in the municipality's long-range financial forecast and in the municipality's program to identify future capital improvements projects. This has been a common response of cities to urbanization in neighboring areas. 82, eff. (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. 768, Sec. JERRY E. DRAKE, JR. Deputy City Attorney 215 E. McKinney Denton, TX 76201 (940) 349-8333 Jerry Drake is a Deputy City Attorney for the Denton City Attorney's Office, where he is assigned primarily to land use issues and litigation. The refunding bonds or warrants must be issued in the manner provided by Chapter 1207, Government Code. (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. 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. 1062, Sec. 347), Sec. Sec. The requirement that construction of capital improvements must be substantially completed within the period provided in the service plan does not apply to a development project or proposed development project within an annexed area if the annexation of the area was initiated by petition or request of the owners of land in the annexed area and the municipality and the landowners have subsequently agreed in writing that the development project within that area, because of its size or projected manner of development by the developer, is not reasonably expected to be completed within that period. Except as provided by this subsection, if the annexed area had a level of services superior to the level of services provided within the corporate boundaries of the municipality before annexation, a service plan must provide the annexed area with a level of services that is comparable to the level of services available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Amended by Acts 1989, 71st Leg., ch. Aug. 28, 1989. (a) A municipality may not regulate under Section 43.0751 the sale, use, storage, or transportation of fireworks outside of the municipality's boundaries. Sec. 347), Sec. (b) If the municipality does not obtain the number of signatures on the petition required to annex the area, the municipality may not annex the area and may not adopt another resolution under Section 43.0682 to annex the area until the first anniversary of the date the petition period ended. (g) When the pro rata share of any district bonds, warrants, or other obligations payable in whole or in part from property taxes has been assumed by the municipality, the governing body of the municipality shall levy and collect taxes on all taxable property in the municipality to pay the principal of and interest on its share as the principal and interest become due and payable. 1420, Sec. An originally issued municipal revenue bond may not be refunded into municipal general obligation refunding bonds. 3(c), eff. 393, Sec. 3(i), eff. 2.11, eff. 43.0691. 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. (B) provided that this subsection does not prevent the municipality from providing services within the district if: (i) the provision of services is specified and agreed to in the agreement; (ii) the provision of services is not solely the result of a regulatory plan adopted by the municipality in connection with the limited-purpose annexation of the district; and. The municipality may combine the district system or property with the municipality's similar system or property if: (1) the municipality has no outstanding revenue bonds, warrants, or other obligations payable from and secured by a pledge of the net revenue of its own utility system or property; or, (A) has outstanding obligations payable from and secured by a pledge of net revenues sufficient to meet the outstanding obligations; and. (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. Four years ago, the city annexed 155 (H.B. 43.0692. 155 (H.B. 1, eff. (a) When at least 50 qualified voters of an area located in a general-law municipality sign and present a petition to the mayor of the municipality that describes the area by metes and bounds and requests that the area be declared no longer part of the municipality, the mayor shall order an election on the question in the municipality. The area ceases to be a part of the municipality on the date of the entry of the order. 8.285, eff. Acts 2007, 80th Leg., R.S., Ch. (e) In an election ordered under Subsection (c)(2) or (4), the governing body of the district may order elections in multiple designated areas on the same date or order elections in designated areas periodically on a uniform election date. Sec. 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. A home-rule municipality may take the following actions according to rules as may be provided by the charter of the municipality and not inconsistent with the requirements prescribed by this chapter: (1) fix the boundaries of the municipality; (2) extend the boundaries of the municipality and annex area adjacent to the municipality; and uQ/S&ix~Fa((]? Acts 2019, 86th Leg., R.S., Ch. 29, Sec. The full-purpose annexation conversion date established by a strategic partnership agreement may be altered only by mutual agreement of the district and the municipality. 6), Sec. SUBCHAPTER H. ALTERATION OF ANNEXATION STATUS. 88 (S.B. endobj Ranch Lake Estates 2021 Voluntary Annexation. (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. A person residing or owning land in an annexed area may enforce a service plan by applying for a writ of mandamus not later than the second anniversary of the date the person knew or should have known that the municipality was not complying with the service plan. Parts of The Woodlands were also built within the extra . (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. 43.0693. 1, eff. (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. Sections 1155(a)(2) and (d). 6), Sec. The bonds must be sold at not less than par value and accrued interest, and must mature, bear interest, and be subject to approval by the attorney general and to registration by the comptroller of public accounts as provided by law for other general obligation bonds of the municipality. 155 (H.B. 2, 3, eff. <>>> This section does not affect the authority of a municipality to issue bonds for other purposes. (3) the district is a conservation and reclamation district of more than 10,000 acres which provides water and sanitary sewer 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. 155 (H.B. This is required for city-initiated annexations, and for petitions for annexation for voluntary annexation under the G.S. 1, Sec. (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. Sec. Welcome to Midland, Texas! (e) This section repeals a municipal charter provision to the extent of a conflict with this section. 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. The validity of the municipality the methods by which it extends the services any. 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