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$.' 155 (H.B. Sept. 1, 1993; Acts 1995, 74th Leg., ch. (a) When the petition period prescribed by Section 43.0685 ends, the petition shall be verified by the municipal secretary or other person responsible for verifying signatures. Acts 2017, 85th Leg., 1st C.S., Ch. (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). 1.01(17), eff. 155 (H.B. Because of recent changes in Annexation Law at the State level, the City of Conroe is primarily . The annexation of an area for limited purposes must be completed within 90 days after the date the governing body institutes the annexation proceedings. (Name of City/County 2) lies west of (Name of City/County 1) and is the gateway to the jurisdiction. ANNEXATION OF NONCONTIGUOUS MUNICIPALLY OWNED AIRPORT BY CERTAIN MUNICIPALITIES. (a) If an area is disannexed, the municipality disannexing the area shall refund to the landowners of the area the amount of money collected by the municipality in property taxes and fees from those landowners during the period that the area was a part of the municipality less the amount of money that the municipality spent for the direct benefit of the area during that period. If the property is Text of section as added by Acts 2021, 87th Leg., R.S., Ch. #7. 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. This section does not prohibit the municipality from continuing to operate utility facilities in the district that are owned and operated by the municipality on the date the part of the district area becomes a part of the municipality. Sept. 1, 1999. 544, Sec. Amendments, De-annexations, Dissolutions, Annexation Ordinances and Annexation Maps . June 18, 2015. 43.908. 2, eff. Adjacent municipalities may make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width. 1, Sec. corporate limits of the city or town as theretofore established" (i.e., as established prior to the proposed annexation). (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. 6), Sec. 43.072. December 1, 2017. California, Missouri, and Wisconsin allow non-contiguous annexation only of government-owned property. REGIONAL PARTICIPATION AGREEMENTS. Acts 2019, 86th Leg., R.S., Ch. 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. 43.142. Sept. 1, 1991. If the municipality proposes a schedule to extend the period for providing certain services, the schedule must provide for the provision of full municipal services no later than 4-1/2 years after the effective date of the annexation. 1.01, eff. 6 (S.B. WRITTEN AGREEMENT REGARDING SERVICES. (c) A regional development agreement may allow: (1) any type of annexation of any part of the land in the district to be deferred for a mutually agreeable period of time; (2) facilities or services to be provided to the land within the district by any party to the agreement or by any other person, including optional, backup, emergency, mutual aid, or supplementary facilities or services; (3) payments to be made by the municipality to the district or another person or by the district or another person to the municipality for services provided to the district or municipality; (4) standards for requesting and receiving any form of required consent or approval from the municipality; (5) a district to issue bonds, notes, refunding bonds, or other forms of indebtedness; (6) the coordination of local, regional, and areawide planning; (7) remedies for breach of the agreement; (8) the modification, amendment, renewal, extension, or termination of the agreement; (9) any other district to join the agreement at any time; (10) third-party beneficiaries to be specifically designated and conferred rights or remedies under the agreement; and. 43.0685. 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. All annexations must be carried out according to State law and the City Code of Ordinances. All boxes/bags (Limit 4) must be in the trunk of your vehicle for NO CONTACT shredding. 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. State representatives as well as members of the Parker County group Stop Involuntary Annexation were present for the signing. endobj 43.0761. 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 Amended by Acts 1989, 71st Leg., ch. Acts 1987, 70th Leg., ch. (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. The annexation proposition shall be stated to allow the voters of the area to be annexed to choose between either annexation or providing the municipality with the authority to adopt and enforce an ordinance regulating the land use in the area in the manner recommended by the most recent joint land use study. 2.01, see other Sec. The municipality that provides the service in the unincorporated area may charge its usual and customary fees and assessments to the customers in that area. 43.0694. Immediately after the presentation of the petition, the governing body shall reconsider the ordinance. 1, Sec. Aug. 28, 1989. 43.081. 1217 (S.B. Sept. 1, 1987. September 1, 2007. 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. SUBCHAPTER C-5. Sec. Sec. (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. 43.1056. AUTHORITY TO ANNEX. 6 (S.B. 1, eff. 43.076. 922 (H.B. (i) The municipality may issue revenue refunding bonds or 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 solely from net revenues. (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. 22, eff. House Bill 347 from last session eliminated unilateral annexation by any city. Phone: 903-731-8400 City Hall Office Hours Monday through Thursday 8 am to 5 pm Friday 9 am to 5 pm Cities and counties (as well as other political entities) are permitted to enter "interlocal agreements" to share services (for instance, a city and a school district may enter into agreements with the county whereby the county bills for and collects property taxes for the city and school district; thus, only . The trustees are appointed for the terms and shall perform the duties as provided by the agreement made under Subsection (c) or (d). 822, Sec. (d) A regional participation agreement may provide for the funding of any program or project, whether individual, intermittent, or continuing and whether located or conducted within or outside the boundaries of a party, for the planning, design, construction, acquisition, lease, rental, installment purchase, improvement, provision of furnishings or equipment, rehabilitation, repair, reconstruction, relocation, preservation, beautification, use, execution, administration, management, operation, or maintenance of any works, improvements, or facilities, or for providing any functions or services, whether provided to, for, by, or on behalf of a party, that provide a material benefit to each party in the accomplishment of the purposes of each party, related to: (1) mobility or transportation, including mass transportation, traffic circulation, or ground, air, rail, water, or other means of transportation or movement of people, freight, goods, or materials; (2) health care treatment, research, teaching, or education facilities or infrastructure; (3) parks or recreation, open space, and scenic, wildlife, wetlands, or wilderness areas; (4) public assembly or shelter, including halls, arenas, stadiums or similar facilities for sporting events, exhibitions, conventions, or other mass assembly purposes; (5) environmental preservation or enhancement, including air or water quality protection, improvement, preservation, or enhancement, and noise abatement; (6) the supply, conservation, transportation, treatment, disposal, or reuse of water or wastewater; (7) drainage, stormwater management or detention, and flood control or prevention; (8) solid waste collection, transfer, processing, reuse, resale, disposal, and management; or. 347), Sec. 2.15, eff. 6 (S.B. Sec. December 1, 2017. 2, eff. Transferred, redesignated and amended from Local Government Code, Section 43.035 by Acts 2017, 85th Leg., 1st C.S., Ch. 1167, Sec. 1, Sec. 43.1211. (b) The municipal water board shall select and designate one or more depositories for the proceeds of the maintenance and water charges and other charges levied by the water control and improvement district and for any other income or other funds of the district. It's a BIG help for a fast growing county! (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. Added by Acts 2007, 80th Leg., R.S., Ch. Aug. 28, 1989. 149, Sec. 2702), Sec. (f) A strategic partnership agreement may provide for the following: (1) limited-purpose annexation of the district on terms acceptable to the municipality and the district provided that the district shall continue in existence during the period of limited-purpose annexation; (2) limited-purpose annexation of a district located in a county with a population of more than 3.3 million: (A) only if the municipality does not require services, permits, or inspections or impose fees for services, permits, or inspections within the district; and. 6 (S.B. (2) the right-of-way of any public road or highway connecting the airport to the municipality by the most direct route. The contract or agreement may contain other terms considered appropriate by the parties. (f) A rate set under Subsection (e) is effective until the first day of the school district's fiscal year that begins after the 90th day after the effective date of the annexation. (H) operation and maintenance of any other publicly owned facility, building, or service; (4) a list of each service the municipality will provide on the effective date of the annexation; and. (2) if the registered voters of the area do not own more than 50 percent of the land in the area, the petition described by Subdivision (1) is signed by more than 50 percent of the owners of land in the area. The governing body may make written contracts or agreements with the owners of land in the industrial district, to guarantee the continuation of the limited purpose annexation status of the district and its immunity from general purpose annexation for a period not to exceed 10 years. CIRCUMSTANCES IN WHICH CONSENT TO BOUNDARIES OR ANNEXATION IS PRESUMED. Sec. PERIOD FOR COMPLETION OF ANNEXATION. (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. Acts 2019, 86th Leg., R.S., Ch. DISANNEXATION OF SPARSELY POPULATED AREA IN GENERAL-LAW MUNICIPALITY. 1167, Sec. (B) the court shall award the person's attorney's fees and costs incurred in bringing the action for the writ. 43.0753. (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. The municipality shall perform the services and other functions that were performed by the district. (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. (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. Funny. 2, 3, eff. Acts 2017, 85th Leg., 1st C.S., Ch. (k) If all the area in the district becomes a part of the municipality, the municipality, unless the refunding authorized by Subsection (l) has been accomplished, shall separately operate the district and municipal systems and property and may not commingle revenue if the municipality has outstanding bonds, warrants, or other bonded obligations payable from and secured by a pledge of the net revenue of its own utility system or property and does not have an amount annually accruing to its surplus revenue fund that exceeds the amount of the fund pledged to the payment of outstanding municipal obligations and that is sufficient to meet the annual obligations for which the district revenues are pledged. (a) A municipality may not, after annexing an area, prohibit a person from: (1) continuing to use land in the area in the manner in which the land was being used on the date the annexation proceedings were instituted if the land use was legal at that time; or. 43.0565. 82, eff. Acts 2017, 85th Leg., 1st C.S., Ch. (2) is a party to a strategic partnership agreement: (A) with a municipal utility district; and. (b) On adoption of the ordinance, the governing body shall enter in the minutes or records of the municipality an order discontinuing the area. 43.202. That comprehensive zoning ordinance may not be repealed or amended for a period of 10 years unless the written consent of the landowners who own at least two-thirds of the surface land of the annexed smaller municipality is obtained. 1167, Sec. (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. (c) The municipality succeeds to the powers, duties, assets, and obligations of the district as provided by this section. Sec. The municipality may, with the consent of the district, construct and maintain drainage facilities in the district that are consistent with the reclamation plan of the district. 1878), Sec. Acts 2017, 85th Leg., 1st C.S., Ch. (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. 43.136. (m) If a district holds an election under this section, the district may not hold another election under this section before the date that is one year after the date of the earlier election, except that if an election is held on a uniform election date prescribed by law, the subsequent election may be held on the corresponding uniform election date of the following year. Acts 2011, 82nd Leg., R.S., Ch. AUTHORITY OF MUNICIPALITY TO ANNEX AREA NEAR MILITARY BASE. December 1, 2017. 341 (S.B. 155 (H.B. Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation. Acts 2019, 86th Leg., R.S., Ch. 15, eff. Municipal annexation is a process by which a municipality expands its boundaries into nearby, usually adjacent, unincorporated areas. (a) Notwithstanding any other law, a municipality that is annexing an area under Subchapter C-3, C-4, C-5, or D may also annex with the area the right-of-way of a street, highway, alley, or other public way or of a railway line, spur, or roadbed, that is: (1) contiguous and runs parallel to the municipality's boundaries; and. (k) A municipality that has annexed all or part of a district for limited purposes under this section may impose a sales and use tax within the boundaries of the part of the district that is annexed for limited purposes. (c) If the area is disannexed under this section, it may not be annexed again within 10 years after the date of the disannexation. 39, eff. 1163 (H.B. (b) If a road annexed under Subsection (a) is a gravel road, the county retains control of granting access to the road and its right-of-way from property that: (1) is not located in the boundaries of the annexing municipality; and. 1.01, eff. 3(h), eff. AUTHORITY OF MUNICIPALITY TO ANNEX INDUSTRIAL DISTRICTS. Added by Acts 2017, 85th Leg., 1st C.S., Ch. (2) may adopt an ordinance annexing the area. The process can be started by either a petition (see below) or by a city council resolution. Cool. May 14, 2007. ANNEXATION FOR FULL PURPOSES. Added by Acts 1999, 76th Leg., ch. 218, Sec. 155 (H.B. ABOLITION OF WATER-RELATED SPECIAL DISTRICT THAT BECOMES PART OF MORE THAN ONE MUNICIPALITY. (4) that is the subject of an industrial district contract under Section 42.044. AUTHORITY OF CERTAIN MUNICIPALITIES TO ANNEX ENCLAVES. 6 0 obj 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. 1064, Sec. Sec. zqC;P$/J+,H={_:q9_)U$-c(b*Yw"f]60U{bJZhI{hdiV?MI`7 c"9PlmVSr8:}802O~Z${r.[ Money that is not refunded within the period prescribed by this subsection accrues interest at the rate of: (1) six percent each year after the 180th day and until the 210th day after the date the area is disannexed; and. Intersection of Garfield St. & Louisiana Ave Closed The intersection of Garfield Street and Louisiana Avenue will be closed beginning Monday, January 23, 2023. George W. Bush The area may not exceed 2,500 feet in width on either side of the stream as measured from the thread of the stream and may not exceed 20 miles in length as measured in a direct line from the ordinary municipal boundaries, either above or below the boundaries, or both. 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. (f-1) In addition to the notice provided 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 give written notice as provided by this subsection to each property owner in any area that would be newly included in the municipality's extraterritorial jurisdiction as a result of the proposed annexation. This section grants additional power to the municipality and is cumulative of the municipal charter. (b) The adopted regulatory plan must be the same as the regulatory plan prepared under Section 43.123 unless the governing body finds and states in the ordinance the reasons for the adoption of a different regulatory plan. Added by Acts 1999, 76th Leg., ch. ANNEXATION OF COUNTY ROADS REQUIRED IN CERTAIN CIRCUMSTANCES. ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES IN ANNEXED AREA. 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County group Stop Involuntary annexation were present for the writ Limit 4 ) that is the gateway the! That is the subject of an industrial district contract under section 42.044 growing. Of Conroe is primarily 43.035 by acts 1999, 76th Leg., R.S., Ch city council resolution and... Municipal utility district ; and grants additional power to the jurisdiction, 80th,.

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