(c) During the public hearing, the governing body: (1) must provide persons interested in the annexation the opportunity to be heard; and. (1) identify the kinds of land use and other regulations that will be imposed in the area if it is annexed for limited purposes; and. (g) For an annexation of an area in a water or sewer district that is wholly or partly in the overlapping extraterritorial jurisdiction of two or more municipalities, any one of those municipalities is not required to obtain under Section 42.023 the written consent of any of the other municipalities in order to annex the area if: (1) the area contains less than 100 acres; (2) the annexing municipality, before June 1, 2005, annexed more than 50 percent of the territory of the water or sewer district, as the district existed on the date of its creation; and. 2.13, eff. Refunding bonds must bear interest at the same rate or at a lower rate than that borne by the refunded obligations unless it is shown mathematically that a different rate results in a savings in the total amount of interest to be paid. Amended by Acts 1989, 71st Leg., ch. (1) project the kinds and levels of development that will occur in the area in the next 10 years if the area is not annexed for limited purposes and also if the area is annexed for limited purposes; (2) describe the issues the municipality considers to give rise to the need for the annexation of the area for limited purposes and the public benefits to result from the limited-purpose annexation; (3) analyze the economic, environmental, and other impacts the annexation of the area for limited purposes will have on the residents, landowners, and businesses in the area; and. 30, eff. 922 (H.B. (b) The strip of area to be disannexed must: (1) be adjacent to either side of the road or highway; and. Acts 1987, 70th Leg., ch. 155 (H.B. 1064, Sec. The governing body of a municipality must conduct at least one public hearing not earlier than the 21st day and not later than the 30th day after the date the governing body adopts the resolution under Section 43.0682. 1, eff. Acts 1987, 70th Leg., ch. 1, eff. (f) In addition to the notice required by Subsection (c), the municipality must give notice by certified mail to each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of-way is in the area proposed for annexation. (b) A municipality may not annex an area to which this section applies unless: (1) the municipality offers to make a development agreement with the landowner under Section 212.172 that would: (A) guarantee the continuation of the extraterritorial status of the area; and, (B) authorize the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and. 43.0117. 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. 1, eff. Amended by Acts 1999, 76th Leg., ch. 2, eff. September 1, 2009. As long as such funds remain restricted for use under an agreement, payments to or income from a regional participation fund shall not be deemed revenues to an eligible municipality for purposes of any law or municipal charter provision relating to revenue or property tax caps or limits. 2.04, eff. (c) The municipality is not required to provide a service that is not included in the agreement. (B) those revenues have produced, during the five-year period before May 30, 1959, an annual surplus in an amount sufficient to meet the annual obligations for which the district revenues are pledged. 155 (H.B. 1058, Sec. (a) Land on an island bordering the Gulf of Mexico that is not accessible by a public road or common carrier ferry facility may not be annexed by a municipality without the consent of the owners of the land. (f) A district, eligible municipality, or person may join or become a party to a regional participation agreement in the manner authorized in the agreement. 6), Sec. (d) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. The contract may not impair the obligation of another contract of the municipality or district. (d) Section 43.054 does not apply to the annexation of a right-of-way under this section. 1, eff. (3) must be recorded in the deed records of any county in which is located any territory of a district that is or that becomes a party to the agreement. The population of Texas increased fourfold between 1900 and 1980, when one-third of all Texans were either African American or Hispanic. For more information, contact Rupesh Koshy at 832.393.6552 or [email protected]. The ordinance does not take effect unless a majority of the votes received in the election favor the ordinance. 43.124. (b) At least one of the hearings must be held in the area proposed for annexation if a suitable site is reasonably available and more than 10 percent of the adults who are permanent residents of the area file a written protest of the annexation with the secretary of the municipality within 10 days after the date of the publication of the notice required by this section. Missouri City Annex Branch Contact Us | Tax Assessor-Collector | Missouri City Branch. ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES IN ANNEXED AREA. (3) a general description of the location of the area proposed to be annexed for limited purposes. Ranch Lake Estates 2021 Voluntary Annexation. Amended by Acts 1997, 75th Leg., ch. Tornado Debris Update City Sanitation crews, with the help of debris removal partners, have hauled away nearly 10,675 cubic yards of storm waste. Sec. 822, Sec. Election method: This method requires the approval of a majority of voters in the proposed annexation area. ADOPTION OF REGULATORY PLAN. 1012), Sec. May 24, 2019. (a) This section applies to a service plan under Section 43.065. 536), Sec. 347), Sec. May 24, 2019. Acts 1987, 70th Leg., ch. (p) This section shall be liberally construed so as to give effect to its legislative purposes and to sustain the validity of a regional participation agreement if the agreement was entered into under or in anticipation of enactment of this section. Sept. 1, 1999; Acts 2001, 77th Leg., ch. In May, the City of Fort Worth will achieve some milestones when it sells the last of the bonds for the 2018 program, and the first of the bonds for the 2022 program. 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 (c) The defunding municipality shall immediately by ordinance disannex an area for which a majority of the votes received in the election held under Subsection (b) favor disannexation. 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. 21, eff. 43.0685. Added by Acts 2021, 87th Leg., R.S., Ch. December 1, 2017. AUTHORITY TO ANNEX WATER OR SEWER DISTRICT. GENERAL AUTHORITY TO ANNEX. 1, Sec. 43.065. (d) Subsection (b) does not apply if the minimum width of the narrow territory described by Subsection (b)(2), following subsequent annexation, is no longer less than 1,000 feet in width at its narrowest point. 2.02, eff. Mayor's Assistance Office Phone: 832.393.0955 FAX: 832.393.0952 . December 1, 2017. 1, Sec. (b) On receipt of the district's petition, the governing body of the municipality shall enter into negotiations with the district for an agreement to alter the status of annexation that must: (1) specify the period, which may not be less than 10 years beginning on January 1 of the year following the date of the agreement, in which limited-purpose annexation is in effect; (2) provide that, at the expiration of the period, the district's annexation status will automatically revert to full-purpose annexation without following procedures provided by Section 43.014 or any procedural requirement for annexation not in effect on January 1, 1995; and. Acts 2007, 80th Leg., R.S., Ch. The report must contain the results of the planning study conducted for the area in accordance with Subsection (c) and must contain the regulatory plan prepared for the area in accordance with Subsection (d). 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. Amended by Acts 1989, 71st Leg., ch. Even if your HOA has a de-annexation clause, the chances of getting out by using it are slim. Sec. The . Sec. (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. By the end of the third year after that date, the municipality must include in its adopted capital improvements program the projects intended to serve the area and must identify potential sources of funding for capital improvements. House Bill 347, related to ending forced annexation in Texas, became . (a) A municipality that proposes to annex any portion of a county road or territory that abuts a county road must also annex the entire width of the county road and the adjacent right-of-way on both sides of the county road. 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. Text of section as added by Acts 2021, 87th Leg., R.S., Ch. endobj Home rule cities annex property in several ways. 43.072. Acts 2017, 85th Leg., 1st C.S., Ch. 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. 2726), Sec. The notice must include: (1) a description of the area that has been included in the municipality's annexation plan; (2) a statement that the completed annexation of that area will expand the municipality's extraterritorial jurisdiction to include all or part of the property owner's property; (3) a statement of the purpose of extraterritorial jurisdiction designation as provided by Section 42.001; and. 1167, Sec. 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. 1.01, eff. 1, Sec. (a) A municipality with a population of 350,000 or less shall provide access to services provided to an annexed area under a service plan described by Section 43.056 that is identical or substantially similar to access to those services in the municipality. Wossum Ranch Phases 3 and 5 2021 Voluntary Annexation completed 07/13/2021. June 18, 2003. (b) On a vote of at least two-thirds of the entire membership of the governing body of the municipality, the governing body may adopt an ordinance abolishing the district if the governing body finds: (A) the district is no longer needed; or, (B) the services furnished and functions performed by the district can be furnished and performed by the municipality; and. 43.082. 1167, Sec. RESULTS OF ELECTION AND PETITION. (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. ANNEXATION, EXTRATERRITORIAL JURISDICTION, AND EMINENT DOMAIN ON INACCESSIBLE GULF ISLAND. 13 0 obj Acts 2017, 85th Leg., 1st C.S., Ch. (l) This section shall be liberally construed so as to give effect to its legislative purposes and to sustain the validity of a regional development agreement if the agreement was entered into under or in anticipation of this section. 43.004. (a) In a calendar year, a municipality may not annex a total area greater than 10 percent of the incorporated area of the municipality as of January 1 of that year, plus any amount of area carried over to that year under Subsection (b). Added by Acts 2021, 87th Leg., R.S., Ch. Galveston County Tax Annex in League City. Sec. (2) "Delinquent sum" means the sum a municipality has failed to timely pay to a landowner or developer under Subsection (b). The abolition of the district does not impair or otherwise affect a contract between the district and a flood control district or other governmental agency for the operation or maintenance of levees or other flood control works, but the municipality assumes the rights and obligations of the district under the contract. (b) When a majority of the votes received in the election favor discontinuing the area as part of the municipality, the mayor shall declare that the area is no longer a part of the municipality and shall enter an order to that effect in the minutes or records of the governing body of the municipality. Acts 2019, 86th Leg., R.S., Ch. Sec. 43.052. Sec. b. December 1, 2017. ABOLITION OF, OR DIVISION OF FUNCTIONS OF, LEVEE IMPROVEMENT DISTRICT ANNEXED BY MUNICIPALITY WITH POPULATION OF MORE THAN 500,000. 28, eff. 43.054. December 1, 2017. (7) be presented to the secretary of the municipality. 43.0752 by Acts 2001, 77th Leg., ch. Exit League City Parkway, pass through the intersection, turn right off the feeder onto Link Road then left onto Calder at the four-way stop.) 43.0686. 55(b), eff. Sept. 1, 1987. The refunding bonds or warrants must be issued in the manner provided by Chapter 1207, Government Code. May 24, 2019. 401, Sec. (i) A district may contract with any person for services or facilities to be provided at no cost to the district or for the payment of funds by the person in support of a regional development agreement. Under the new rules, all Texas cities must annex under what was previously known as the Tier 2 procedures (although the Tier 2 moniker will no longer be used). ENFORCEMENT OF CHAPTER. 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. Sec. Acts 2007, 80th Leg., R.S., Ch. 6 (S.B. (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. 43.003. 822, Sec. (4) the procedure by which the limited district may be dissolved prior to the expiration of any term established under Subdivision (2). (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. 43.0699. (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. 347), Sec. 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. Sept. 1, 1987. 43.075. 6 (S.B. Sec. 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. (b) A municipality is not required to provide solid waste collection services to a person who continues to use the services of a privately owned solid waste management service provider as provided by Subsection (c). RESOLUTION. (c) A strategic partnership agreement shall not be effective until adopted by the governing bodies of the municipality and the district. 25, eff. View information and documents regarding current or recent annexations. The annexation of an area must be completed within 90 days after the date the governing body institutes the annexation proceedings or those proceedings are void. 544, Sec. 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. (2) beginning to use land in the area in the manner that was planned for the land before the 90th day before the effective date of the annexation if: (A) one or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for the planned land use; and. Sept. 1, 1987. 2, eff. Added by Acts 1999, 76th Leg., ch. December 1, 2017. Sec. Acts 2019, 86th Leg., R.S., Ch. 43.004. 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. 43.0635. 43.079. 1(2), eff. Any obligation to reimburse the developer may be paid in installments over a three-year period. Amended by Acts 2001, 77th Leg., ch. 347), Sec. (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. REGULATION OF FIREWORKS UNDER STRATEGIC PARTNERSHIP AGREEMENT LAW. Amended by Acts 1989, 71st Leg., ch. May 24, 2019. 43.0684. (a) A municipality may not regulate under Section 43.0751 the sale, use, storage, or transportation of fireworks outside of the municipality's boundaries. CERTAIN STRIP ANNEXATIONS PROHIBITED. (2) is adjacent to the road and right-of-way. (c) The district is abolished on the annexation of all of its area by the municipality. (b) The municipality may not initiate a rate proceeding solely because of the disapproval of a proposed annexation of an area under this subchapter. The annexation may include any unincorporated area located in the proximity of the airport. 7 ) be presented to the road and right-of-way 1900 and 1980, one-third... The annexation of a right-of-way under This section applies to a service that is not required to provide a that. 1999, 76th Leg., Ch a right-of-way under This how to de annex from a city in texas regarding current or recent annexations 832.393.0955! 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