Added by Acts 1989, 71st Leg., ch. 4.011, eff. 6), Sec. DISANNEXATION FOR FAILURE TO PROVIDE SERVICES. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 14, eff. 922 (H.B. May 24, 2019. (a) In this section, "navigable stream" has the meaning assigned by Section 21.001, Natural Resources Code. VOLUNTARY ANNEXATION TRACT 1-2018: Being . December 1, 2017. (9) public safety and security, including law enforcement, firefighting and fire prevention, emergency services and facilities, and homeland security. Added by Acts 1989, 71st Leg., ch. 43.015. 43.0697. GENERAL ANNEXATION AUTHORITY AND PROCEDURES REGARDING CONSENT ANNEXATIONS. 6), Sec. 43.144. ANNEXATION OF ROAD RIGHTS-OF-WAY ON REQUEST OF OWNER OR MAINTAINING POLITICAL SUBDIVISION. (h) A regional development agreement may not require a district to provide public services and facilities to a person to whom the district is not otherwise authorized to provide services or facilities or to make payments from any source from which the district is not otherwise authorized to make payments. Sec. Added by Acts 1999, 76th Leg., ch. 43.0692. 43.143. On the distribution, the board is abolished. 6), Sec. (a) If the municipality fails to annex the area for full purposes as required by Section 43.127(a), any affected person may petition the district court to compel the annexation of the area for full purposes or the disannexation of the area. 10, eff. AUTHORITY TO ANNEX. The municipality may issue refunding bonds or warrants to refund bonds, warrants, or other obligations, including unpaid earned interest on them, that is assumed by the municipality. The contract or agreement may contain other terms considered appropriate by the parties. (c) A regional participation agreement may provide or allow for: (1) the establishment, administration, use, investment, and application of a regional participation fund, which shall be a special fund or escrow account to be used solely for funding the costs and expenses of eligible programs or projects; (2) payments to be made by a party into the regional participation fund for application, currently or in the future, toward eligible programs or projects; (3) the methods and procedures by which eligible programs or projects are prioritized, identified, and selected for implementation and are planned, designed, bid, constructed, administered, inspected, and completed; (4) the methods and procedures for accounting for amounts on deposit in, to the credit of, or expended from the regional participation fund, as well as any related investment income or amounts due and owing to or from any party to the fund; (5) credits against payments otherwise due by any party under the agreement resulting from taxes, charges, fees, assessments, tolls, or other payments in support of or related to the usage or costs of eligible programs or projects that are levied or imposed upon, assessed against, or made applicable to a party or its citizens, ratepayers, taxpayers, or constituents after the effective date of the agreement; (6) any type of annexation of any part of the territory of a district to be deferred by an eligible municipality that is a party for a mutually agreeable period; (7) the release of territory from the extraterritorial jurisdiction of an eligible municipality that is a party at a specified time or upon the occurrence of specified events; (8) the consent of an eligible municipality that is a party to the incorporation of, or the adoption of an alternate form of government by, all or part of the territory of a district at a specified time or upon the occurrence of specified events; (9) remedies for breach of the agreement; (10) the modification, amendment, renewal, extension, or termination of the agreement; (11) other districts, eligible municipalities, or persons to join the agreement as a party at any time; (12) third-party beneficiaries to be specifically designated and conferred rights or remedies under the agreement; (13) the duration of the agreement, including an unlimited term; (14) the creation and administration of a nonprofit corporation, joint powers agency, local government corporation, or other agency for the purpose of administration and management of a regional participation fund, program, or project under the agreement; and. (c) A municipality may not take property on the island through eminent domain. 2.18, eff. 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. 6 (S.B. ANNEXATION OF AREAS WITH POPULATION OF LESS THAN 200 BY PETITION. 1076 (S.B. 103 (S.B. 43.0715. Added by Acts 2019, 86th Leg., R.S., Ch. 43.905 by Acts 2001, 77th Leg., ch. 3(j), eff. Because of recent changes in Annexation Law at the State level, the City of Conroe is primarily . The funds deposited in the depository must be insured by an official agency of the United States and must be at least as well insured and protected as funds deposited in the official municipal depository of the municipality. North Carolina Secretary of State . (h) The municipality may issue general obligation refunding bonds in its own name to refund in whole or in part its pro rata share of any outstanding district bonds, warrants, or other obligations, including unpaid earned interest on them, that are assumed by the municipality and that are payable in whole or in part from property taxes. Added by Acts 2021, 87th Leg., R.S., Ch. While there are some very minor changes for Tier 2 cities under HB 347, Tier 1 cities will see a complete overhaul in annexation procedures. June 15, 2007. Sec. STRATEGIC PARTNERSHIPS FOR CONTINUATION OF CERTAIN DISTRICTS. (h) If a district bond, warrant, or other obligation payable in whole or in part from property taxes is assumed under this section by the municipality, the governing body shall levy and collect taxes on all taxable property in the municipality in an amount sufficient to pay the principal of and interest on the bond, warrant, or other obligation as it becomes due and payable. (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. In 2017, the Texas Legislature passed a law that requires cities to canvass would-be annexations, allowing residents there to vote on the matter. (n) Before the second anniversary of the date an area is included within the corporate boundaries of a municipality by annexation, the municipality may not: (1) prohibit the collection of solid waste in the area by a privately owned solid waste management service provider; or. <> Sec. 4 0 obj 6), Sec. 3, Sec. The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes: Sec. In two cases, a city that provides water and sewer is required to extend those services to property owners who request it at no cost to the property owners. The municipality must notify the residents and property owners of the area proposed to be annexed of the results of the petition. 1, eff. Annexation Information. 43.141. Stay up-to-date and aware with community involvement opportunities, latest news and social media connections with the City. PROVISION OF CERTAIN SERVICES TO ANNEXED AREA. 218, Sec. A municipality may not be incorporated in an area annexed for limited purposes unless the annexing municipality gives its consent. A municipality with a population of less than 30,000, that is in a county that borders the Gulf of Mexico and that is adjacent to a county with a population of one million or more, and that seeks to annex land owned by a navigation district operating under Section 59, Article XVI, Texas Constitution, must have the consent of the district to annex the land. (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. (b) A municipality that proposes to annex an area shall provide to each public entity that is located in or provides services to the area proposed for annexation written notice of the proposed annexation within the period prescribed for providing the notice of, as applicable: (c) A municipality that proposes to enter into a strategic partnership agreement under Section 43.0751 shall provide written notice of the proposed agreement within the period prescribed for providing the notice of the first hearing under Section 43.0751 to each political subdivision that is located in or provides services to the area subject to the proposed agreement. There are two primary methods that cities use to annex land: the election method and the petition method. The trustees are appointed for the terms and shall perform the duties as provided by the agreement made under Subsection (c) or (d). (2) establish and maintain wharves, docks, railway terminals, side tracks, warehouses, or other facilities or aids relating to navigation or wharves. Sec. (k) On approval by the governing body, the service plan is a contractual obligation that is not subject to amendment or repeal except that if the governing body determines at the public hearings required by this subsection that changed conditions or subsequent occurrences make the service plan unworkable or obsolete, the governing body may amend the service plan to conform to the changed conditions or subsequent occurrences. (c) A municipality may annex the area described by this section without the consent of any owners or residents of the area under the procedures prescribed by Subchapter C-1 if there are no owners other than the municipality or residents of the area. 6), Sec. 155 (H.B. Acts 2021, 87th Leg., R.S., Ch. 17, Sec. The construction shall be substantially completed within the period provided in the service plan. (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. 36, eff. December 1, 2017. The section on Additional Phase gives the declarant the right to annex any additional land to the terms of the CCRs without the consent of any party of the existing HOA. (d) A notice to a public entity or political subdivision shall contain a description of: (2) any financial impact on the public entity or political subdivision resulting from the annexation, including any changes in the public entity's or political subdivision's revenues or maintenance and operation costs; and. 1217 (S.B. December 1, 2017. 1, Sec. (a) Following an election held under this subchapter, the municipality must notify the residents of the area proposed to be annexed of the results of the election and, if applicable, of the petition required by Section 43.0695. 6 (S.B. September 1, 2011. June 18, 1999. 774 (H.B. Cool. Transportation Annex (ESF 1) Communications Annex (ESF 2) Public Works and Engineering Annex (ESF 3) Firefighting Annex (ESF 4) Emergency Management (ESF 5) . Amended by Acts 1989, 71st Leg., ch. 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. 43.131. 43.0686. (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. David T. Friendswood, TX . 43.0561. The governing bodies of a municipality and a district may conduct joint public hearings under this subsection, provided that at least one public hearing is conducted within the district. 6), Sec. If condemnation is used, the municipality shall follow the condemnation procedure applying to the condemnation of land by the municipality for the purchase of streets. Added by Acts 1999, 76th Leg., ch. Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation. AUTHORITY TO ANNEX. The City will continue to consider SPAs with utility districts for the purpose of limited purpose annexation within the City's ETJ. 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. September 1, 2021. 43.071. 2, 3, eff. 374), Sec. Sec. % 43.901. (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. 787, Sec. 43.0755. 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. <> Pafford Tract 2021 Voluntary Annexation completed 04/13/2021. (2) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1, eff. 1.01(12), eff. (d) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. 18 (S.B. 297, Sec. (4) annexed at the request of the owners of the area. (d) A bond that is approved, registered, and sold as provided by this section is incontestable. 43.9051. Sept. 1, 1987. Added by Acts 1989, 71st Leg., ch. 43.075. 1, eff. 1, eff. The governing body shall continue to levy a property tax each year on the property in the area at the same rate that is levied on other property in the municipality until the taxes collected from the area equal its pro rata share of the indebtedness. (b) A municipality shall proportionately refund the amount under Subsection (a) to the landowners according to a method to be developed by the municipality that identifies each landowner's approximate pro rata payment of the taxes and fees being refunded. 6), Sec. (l) If the question is approved, the period during which the general-law municipality is prohibited from annexing area in the district is extended to the date that is one year after the date of the election. REFUND OF TAXES AND FEES. In this subchapter: (1) "Consent agreement" means an agreement between a district and a municipality under Section 42.042. (f-2) In addition to the notice requirements under Subsection (f), a home-rule municipality, before the 90th day after the date the municipality adopts or amends an annexation plan under this section, shall create, or contract for the creation of, and make publicly available a digital map that identifies the area proposed for annexation and any area that would be newly included in the municipality's extraterritorial jurisdiction as a result of the proposed annexation. Acts 2019, 86th Leg., R.S., Ch. 6 (S.B. All cities are authorized to annex a sparsely occupied area on petition of the area's landowners, if the area meets certain requirements. 6), Sec. Acts 2019, 86th Leg., R.S., Ch. So its probably a bug. 1420, Sec. ANNEXATION HEARING REQUIREMENTS. The board shall charge and collect sufficient rates for the services of the system or property and shall apply the revenue to comply with each covenant or agreement contained in the proceedings relating to the revenue bonds, warrants, or other obligations with respect to the payment of principal and interest and the maintenance of reserves and other funds. (e) Subsections (b)-(d) do not apply to the annexation of: (1) an area within a water or sewer district if: (A) the governing body of the district consents to the annexation; (B) the owners in fee simple of the area to be annexed consent to the annexation; and. 7 0 obj The contract may not impair the obligation of another contract of the municipality or district. 1900), Sec. CONSENT REQUIREMENT FOR ANNEXATION OF AREA IN CERTAIN CONSERVATION AND RECLAMATION DISTRICTS. December 1, 2017. The district court shall enter an order disannexing the area if the court finds that a valid petition was filed with the municipality and that the municipality failed to: (1) perform its obligations in accordance with: (A) the service plan under Section 43.056; (B) the written agreement entered into under Section 43.0672; or, (C) the resolution adopted under Section 43.0682 or 43.0692, as applicable; or. The construction of the facilities shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. ABOLITION OF, OR DIVISION OF FUNCTIONS OF, LEVEE IMPROVEMENT DISTRICT ANNEXED BY MUNICIPALITY WITH POPULATION OF MORE THAN 500,000. 7, eff. 6), Sec. Sept. 1, 1999. (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. California, Missouri, and Wisconsin allow non-contiguous annexation only of government-owned property. 155 (H.B. (a) Except as provided by Section 43.123(e), on or before the date prescribed by the regulatory plan under Section 43.123(d)(2), the municipality must annex the area for full purposes. Indiana, Kansas, and North Carolina all permit cities to annex other non-contiguous property but only within a certain distance of the city limits and only with the owners' consent. 155 (H.B. (b) A colonia that is annexed by a municipality remains eligible for five years after the effective date of the annexation to receive any form of assistance for which the colonia would be eligible if the annexation had not occurred. (a) A district existing on September 1, 1997, that, within 10 years after the date of its creation, has not provided water and sanitary sewer utility service from its facilities to all household users in its territory shall: (1) provide water and sanitary sewer utility service from its facilities to all household users in its territory not later than September 1, 1998; or. Acts 2011, 82nd Leg., R.S., Ch. 2, eff. 43.907. 80, eff. (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. Sept. 1, 1995. Sept. 1, 1999. Rhone Mortuary is one of the five businesses that wants to be de-annexed from the city. Amended by Acts 1989, 71st Leg., ch. 43.001. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 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. Sept. 1, 1999. (3) holding a final public hearing not earlier than the 10th day after the date of the public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted. Acts 2019, 86th Leg., R.S., Ch. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. (2) following two public hearings on the matter, the municipality and the district enter a written agreement providing for the imposition of the tax or taxes. Geographic i. This section grants additional power to the municipality and is cumulative of the municipal charter. 1185 (H.B. Acts 2019, 86th Leg., R.S., Ch. 6 (S.B. 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. ALTERATION OF ANNEXATION STATUS. (q) For purposes of Subchapter I, Chapter 271: (1) a district or eligible municipality is a "local governmental entity" within the meaning of Section 271.151(3); and. The municipality may pledge the net revenues of the district utility system or property to the payment of those bonds, warrants, or other obligations. 155 (H.B. 43.055. Added by Acts 1989, 71st Leg., ch. Sec. Acts 2019, 86th Leg., R.S., Ch. (g) This section does not allow a change in annexation status for land or facilities in a district to which the municipality granted a property tax abatement before September 1, 1995. (a) The governing body of a special-law municipality located along or on a navigable stream may extend the boundaries of the municipality to include the area designated by Subsection (b) only to: (1) improve navigation on the stream by the United States, the municipality, or a navigation or other improvement district; and. (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. For text of section as added by Acts 2021, 87th Leg., R.S., Ch. Transferred and redesignated from Local Government Code, Section 43.031 by Acts 2017, 85th Leg., 1st C.S., Ch. The . (a) This section applies to a service plan under Section 43.065. (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. 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. December 1, 2017. 29, Sec. 2.13, eff. Acts 2017, 85th Leg., 1st C.S., Ch. 2.09, eff. 632 (S.B. 55(b), eff. Sept. 1, 2003. May 24, 2019. 62, Sec. Upon placement of the funds in the escrow account, the annexation may become effective. 1339, Sec. Sec. 29, eff. 5, eff. 504 N Queen Street Palestine, TX 75801. June 18, 2003. Adjacent municipalities may make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width. (C) use of the municipal sales taxes collected by the municipality for facilities or services in the district. (3) the requirements of Sections 7.002 and 8.002 do not apply to an election ordered under Subsection (c)(1) or (2). 560 (S.B. (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. 149, Sec. EFFECT OF ANNEXATION ON PUBLIC ENTITIES OR POLITICAL SUBDIVISIONS. Acts 2017, 85th Leg., R.S., Ch. Typically, de-annexation requires an overwhelming majority of HOA members to approve your request for de-annexation. 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