43.075. Acts 2005, 79th Leg., Ch. <> (a) This section applies only to a conservation and reclamation district, including a municipal utility district, that: (1) is located wholly in more than one municipality, but on April 1, 1971, was not wholly in more than one municipality; (2) was created or exists under Section 59, Article XVI, Texas Constitution; (3) provides or has provided a fresh water supply, sanitary sewer services, and drainage services; and. The board also shall perform the duties and other functions that are imposed by law or by contract on the abolished district and its governing board and that relate to the outstanding revenue bonds. AUTHORITY TO ANNEX WATER OR SEWER DISTRICT. Sec. 597, Sec. Sec. unitary. 6), Sec. 4.011, eff. (7) a regulation relating to the sale and use of fireworks. 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. Section 43.106 of the Local Government Code requires a municipality that annexed any portion of a county road or an area abutting a county road by granting a petition under former section 43.028 to also annex the full width of the road and adjacent right-of-way. The annexation of Texas to the United States became a topic of political and diplomatic discussion after the Louisiana Purchase in 1803 and became a matter of international concern between 1836 and 1845, when Texas was a republic. 1, Sec. 2, eff. (m) This section does not require that a uniform level of full municipal services be provided to each area of the municipality if different characteristics of topography, land use, and population density constitute a sufficient basis for providing different levels of service. If a proposed annexation would cause an area to be entirely surrounded by the annexing municipality but would not include the area within the municipality, the governing body of the municipality must find, before completing the annexation, that surrounding the area is in the public interest. (c) A strategic partnership agreement shall not be effective until adopted by the governing bodies of the municipality and the district. 393, Sec. 12.102, eff. ANNEXATION OF ROAD RIGHTS-OF-WAY ON REQUEST OF OWNER OR MAINTAINING POLITICAL SUBDIVISION. 36, eff. (a) At the time the governing body of the municipality adopts an ordinance annexing an area for limited purposes, the governing body must also adopt by ordinance a regulatory plan for the area. Transferred, redesignated and amended from Local Government Code, Section 43.035 by Acts 2017, 85th Leg., 1st C.S., Ch. AUTHORITY TO ANNEX AREA ON REQUEST OF OWNERS. McKinney has since canceled its annexation plans. Except as otherwise provided by this section, Subchapter B, Chapter 1502, Government Code, applies to the revenue refunding bonds, but an election for the issuance of the bonds is not required. 1, eff. Acts 2019, 86th Leg., R.S., Ch. (b) Notwithstanding any contrary law or municipal charter provision, the governing body of a municipality and the governing body of one or more districts may enter into a regional development agreement to further regional cooperation between the municipality and the district. 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. (c) Subsections (a) and (b) do not apply to an area: (1) completely surrounded by incorporated territory of one or more municipalities; (2) for which the owners of the area have requested annexation by the municipality; (3) that is owned by the municipality; or. Added by Acts 2011, 82nd Leg., R.S., Ch. September 1, 2019. 2.12, eff. 1420, Sec. 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. (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. (e) If the municipality annexes only part of the area in the district, the district may contract with the municipality for the municipal operation of the district's utility systems and other property and for the transfer, conveyance, or sale of those systems and that property, regardless of kind or location inside or outside municipal boundaries, to the municipality on terms to which the governing bodies of the district and municipality agree. (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. 30, eff. Aug. 28, 1989. Sept. 1, 1999. (C) if the municipality is a home-rule municipality, in any area that would be newly included in the municipality's extraterritorial jurisdiction by the expansion of the municipality's extraterritorial jurisdiction resulting from the proposed annexation. For text of section as added by Acts 2021, 87th Leg., R.S., Ch. (2) each municipality in whose extraterritorial jurisdiction the airport is located agrees to the annexation. (d) The municipality must post notice of the hearing on the municipality's Internet website if the municipality has an Internet website and publish notice of the hearing in a newspaper of general circulation in the municipality and in the area proposed for annexation. 1015), Sec. May 24, 2019. May 24, 2019. (a) This section applies only to a municipality that: (1) operates a municipally owned water utility; and. Amended by Acts 1989, 71st Leg., ch. 1900), Sec. North Carolina Secretary of State . 149, Sec. If an area is disannexed, the area may not be annexed again by the municipality for five years. 1303), Sec. Map to North County Annex Texas City Annex 2516 Texas Avenue, Texas City Telephone: (409) 766-2284 Fax (409): 766-2479 Directions from I-45 north of Texas City: I-45 South and exit FM 1765. Acts 1987, 70th Leg., ch. Acts 2017, 85th Leg., 1st C.S., Ch. Technological Hazards. 1.01, eff. 692 (H.B. DEFINITIONS. 4 0 obj This is required for city-initiated annexations, and for petitions for annexation for voluntary annexation under the G.S. (B) under which the municipality contemplates annexing 400 or more water or wastewater connections that are not located in the district. (e) A municipality that, as a result of the annexation, provides utility services to a school district facility may charge the district for utility services at: (1) the same rate that the district was paying before the annexation; or. EFFECT OF ANNEXATION ON OPERATION OF SCHOOL DISTRICT. Proof of the posting and publication must be made by attaching to the petition presented to the secretary: (1) the sworn affidavit of any voter who signed the petition, stating the places and dates of the posting; and. by petition of the owners of all the land proposed for annexation. 1167, Sec. (iii) the district has obtained the authorization of the governmental entity currently providing the service; (3) payments by the municipality to the district for services provided by the district; (4) annexation of any commercial property in a district for full purposes by the municipality, notwithstanding any other provision of this code or the Water Code, except for the obligation of the municipality to provide, directly or through agreement with other units of government, full provision of municipal services to annexed territory, in lieu of any annexation of residential property or payment of any fee on residential property in lieu of annexation of residential property in the district authorized by this subsection; (5) a full-purpose annexation provision on terms acceptable to the municipality and the district; (6) conversion of the district to a limited district including some or all of the land included within the boundaries of the district, which conversion shall be effective on the full-purpose annexation conversion date established under Subdivision (5); (7) agreements existing between districts and governmental bodies and private providers of municipal services in existence on the date a municipality evidences its intention by adopting a resolution to negotiate for a strategic partnership agreement with the district shall be continued and provision made for modifications to such existing agreements; and. Added by Acts 2007, 80th Leg., R.S., Ch. (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. May 25, 2007. (b) Sections 43.056(b)-(o) apply to the annexation of an area to which this subchapter applies. (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. This building is needed to mobilize any unit in a city. An election for members of the governing body of an alternate form of government must be held under the law applicable to that form of government, to the extent consistent with this section. The . Acts 2019, 86th Leg., R.S., Ch. Acts 2011, 82nd Leg., R.S., Ch. Aug. 28, 1989. Acts 1987, 70th Leg., ch. Sept. 1, 1999. 21.001(83), eff. (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. Acts 2017, 85th Leg., 1st C.S., Ch. The plan may be amended through negotiation at the hearings, but the provision of any service may not be deleted. (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. June 10, 2019. (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. EFFECT OF ANNEXATION ON COLONIAS. (c) For purposes of this section, "full municipal services" means services provided by the annexing municipality within its full-purpose boundaries, including water and wastewater services and excluding gas or electrical service. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. Sec. The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes: Sec. (k) Notwithstanding any defect, ambiguity, discrepancy, invalidity, or unenforceability of a regional development agreement that has been voluntarily entered into and fully executed by the parties thereto, or any contrary law, common law doctrine, or municipal charter provision, and for the duration of any annexation deferral period established in the regional development agreement during which a district continues to perform its obligations under the regional development agreement: (1) Sections 42.023 and 42.041(b)-(e) do not apply to any land or owner of land within a district that is a party to the regional development agreement; and. Sec. May 24, 2019. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. 4, eff. PROVISION OF SERVICES TO ANNEXED AREA. Michael Maresh Ten years ago, five business owners on Texas Highway 19 in the Woodgate subdivision. 6), Sec. (a) The mayor and governing body of a general-law municipality by ordinance may discontinue an area as a part of the municipality if: (1) the area consists of at least 10 acres contiguous to the municipality; and. 347), Sec. 6 (S.B. Acts 1987, 70th Leg., ch. 1338), Sec. 43.004. 593 (S.B. 1, eff. (3) reduction of the extraterritorial jurisdiction of a municipality without the written consent of the municipality's governing body. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 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. 4257), Sec. endobj Sept. 1, 1989; Acts 1999, 76th Leg., ch. CALHOUN, John C. Served as Secretary of State in the Cabinet of President John Tyler, 1844-1845, and participated in the annexation negotiations. Added by Acts 1989, 71st Leg., ch. Leaders of the Fort Bend County suburb put up signs this week showing that Sugar Land has 117,869 residents - a. 1178 (H.B. The conflict started, in part, over a disagreement about which river was Mexico's true northern border: the Nueces or the Rio Grande. 43.136. The municipality shall provide the services by any of the methods by which it extends the services to any other area of the municipality. 31, eff. Any attempted annexation of the smaller municipality that does not include the adoption of that comprehensive zoning ordinance is void. PROVISION OF CERTAIN SERVICES TO ANNEXED AREA. 13, eff. Sept. 1, 1989. 155 (H.B. In this subchapter: (1) "Consent agreement" means an agreement between a district and a municipality under Section 42.042. 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. (2) is adjacent to the road and right-of-way. (a) Before the 10th day before the date the first hearing required by Section 43.124 is held, the municipality must prepare a report regarding the proposed annexation of an area for limited purposes and make the report available to the public. Amended by Acts 1999, 76th Leg., ch. - 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. 63, eff. (2) for that part of the district for which the district does not provide water and sanitary sewer utility service, and for which a municipality does provide those services, provide for periodic payments, as described by Subsection (b), by the district to the municipality that provides the services. 1167, Sec. In the absence of such a contract, the district may continue to exercise the powers and other functions that it was authorized to exercise before the area became a part of the municipality, and the municipality may not, without the district's consent, duplicate the services rendered by the district in the district. 2, eff. The refunding bonds must be issued in the manner provided by Chapter 1207, Government Code. 2, eff. Transferred, redesignated and amended from Local Government Code, Section 43.021 by Acts 2017, 85th Leg., 1st C.S., Ch. (2) was in the extraterritorial jurisdiction of the municipality at the time of annexation only because the territory was contiguous to municipal territory that was less than 1,000 feet in width at its narrowest point. (g) A strategic partnership agreement that provides for the creation of a limited district under Subsection (f)(6) shall include provisions setting forth the following: (1) the boundaries of the limited district; (2) the functions of the limited district and the term during which the limited district shall exist after full-purpose annexation, which term may be renewed successively by the governing body of the municipality, provided that no such original or renewed term shall exceed 10 years; (3) the name by which the limited district shall be known; and. 2.13, eff. PROVISION OF WATER AND SANITARY SEWER UTILITY SERVICE. (c) A municipality's governmental immunity to suit and from liability is waived and abolished to the extent of liability created under this section. Added by Acts 1999, 76th Leg., ch. (15) any other provision or term to which the parties agree. City Hall Annex 900 Bagby, Public Level Houston, TX 77002. (d) A delinquent sum incurs a penalty of six percent of the amount of the sum for the first calendar month it is delinquent plus one percent for each additional month or portion of a month the sum remains unpaid. A municipality may annex an area with a population of 200 or more only if the following conditions are met, as applicable: (1) the municipality holds an election in the area proposed to be annexed at which the qualified voters of the area may vote on the question of the annexation and a majority of the votes received at the election approve the annexation; and. 36, eff. (3) "Planned community" means a planned community of 10,000 acres or more that is subject in whole or in part to a restrictive covenant that contains an ad valorem-based assessment on real property used or to be used, in any part, to fund governmental or quasi-governmental services and facilities within and for the planned community. 6 (S.B. Sec. (a) Before the publication of the notice of the first hearing required under Section 43.063, the governing body of the municipality proposing the annexation shall direct its planning department or other appropriate municipal department to prepare a service plan that provides for the extension of full municipal services to the area to be annexed. (c) The governing body by ordinance may change a regulatory plan adopted under Subsection (b) if, in the ordinance making the change, the governing body finds and states the reasons for the adoption of the change. 43.0671. (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. 1052 (H.B. May 24, 2019. Acts 2017, 85th Leg., 1st C.S., Ch. 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. (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. (2) the governing body of the municipality may not include the area covered by the regional development agreement in a municipal annexation plan and may not initiate or continue an annexation proceeding relating to that area after the effective date of this section. 6, eff. December 1, 2017. 43.1211. (a) A municipality that proposes to annex an area shall provide written notice of the proposed annexation to each public school district located in the area proposed for annexation within the period prescribed for providing the notice of, as applicable: (1) the hearing under Section 43.0673; or. This requirement may be waived and the date for full-purpose annexation postponed by written agreement between the municipality and a majority of the affected landowners. 13 0 obj 6), Sec. Sept. 1, 1987. 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 petition period prescribed by Section 43.0685 ends, the municipality may not complete the annexation of the area without approval of a majority of the voters of the municipality voting at an election called and held for that purpose. 6), Sec. (3) "Party" means a district, eligible municipality, or person that is a party to a regional participation agreement approved and entered into under this section. Sections 1155(a)(2) and (d). A map illustrating the areas covered by the annex is as follows. 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