uQ/S&ix~Fa((]? ANNEXATION PROCEDURE FOR AREAS EXEMPTED FROM CONSENT ANNEXATION PROCEDURES. Sept. 1, 1987. December 1, 2017. The City of Anna derives its authority to annex property into the city limits from Chapter 43 of the Texas Local Government Code (TLGC) as prescribed in Section 1.03 of the City's Home-Rule Charter. 43.905 by Acts 2001, 77th Leg., ch. 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. That operating contract may extend for a period, not to exceed 30 years, stipulated in the contract and is subject to amendment, renewal, or termination by the mutual consent of the governing bodies. 2726), Sec. June 15, 2007. (a) This section applies only to a home-rule municipality that has a population of less than 11,000 and is located primarily in a county with a population of more than 3.3 million. 2, eff. 155 (H.B. 1, eff. 4059), Sec. (4) "Planned community" means a planned community of 20 square miles or more with a population of 50,000 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. 42, eff. (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. (f) In any election ordered under Subsection (c), the governing body of the district shall also submit for confirmation to the voters voting in the election the proposed initial property tax rate determined for the municipality or alternate form of government, as applicable, which may not exceed the maximum rate authorized by law. If a majority of the votes received is in favor of the annexation, the secretary of the smaller municipality or other appropriate municipal official shall forward by certified mail to the secretary of the larger municipality a certified copy of the resolution. 43.0698. 1064, Sec. EFFECT OF ANNEXATION ON OPERATION OF SCHOOL DISTRICT. MAXIMUM AMOUNT OF ANNEXATION EACH YEAR. 347), Sec. 1, eff. (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. 6 (S.B. (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. (a) If the registered voters in the area proposed to be annexed do not own more than 50 percent of the land in the area, the municipality must obtain consent to the annexation through a petition signed by more than 50 percent of the owners of land in the area in addition to the election required by this subchapter. (c) An annexation subject to Subsection (b) is exempt from the provisions of this chapter that limit annexation authority to a municipality's extraterritorial jurisdiction if: (1) immediately before the annexation, at least one-half of the area of the water or sewer district is in the municipality or its extraterritorial jurisdiction; and. [ 13 0 R] (m) A municipality that may annex a district for limited purposes to implement a strategic partnership agreement under this section shall not annex for full purposes any territory within a district created pursuant to a consent agreement with that municipality executed before August 27, 1979. 347), Sec. September 1, 2021. 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. BUTLER, Anthony. 155 (H.B. Acts 2007, 80th Leg., R.S., Ch. 1303), Sec. 40, eff. Acts 2019, 86th Leg., R.S., Ch. (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. (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. 816, Sec. Unlike other states, Texas does not allow for consolidated city-county governments. September 1, 2017. 103 (S.B. All boxes/bags (Limit 4) must be in the trunk of your vehicle for NO CONTACT shredding. (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. (f) During the period of limited-purpose annexation: (1) the district may not use bond proceeds to pay for impact fees but must comply with other items in its consent agreement with the municipality; (A) must continue to provide wholesale water and sewer service as provided by the consent agreement; and, (B) is relieved of service obligations in the district that are not provided to other territory annexed for limited purposes or required by the annexation alteration agreement between the municipality and the district; and. A notice of the hearings must be published in a newspaper of general circulation in the municipality and in the area proposed for annexation. (8) such other lawful terms that the parties consider appropriate. The district is abolished on the date the duties and assumption take effect. All cities are authorized to annex a sparsely occupied area on petition of the area's landowners, if the area meets certain requirements. Acts 2019, 86th Leg., R.S., Ch. Otherwise, any party may commit or pledge or may issue bonds payable from or secured by a pledge of any available source of funds, including unencumbered sales and use taxes, to make payments due or to become due under an agreement. (d) On the adoption of the ordinance, the district is abolished, the property and other assets of the district vest in the municipality, and the municipality assumes and becomes liable for the bonds and other obligations of the district. A municipality with a population of more than 175,000 located in a county that contains an international border and borders the Gulf of Mexico may not annex an area that would cause another municipality to be entirely surrounded by the corporate limits or extraterritorial jurisdiction of the annexing municipality. (b) This section applies only to an area that is: (1) located in the extraterritorial jurisdiction of a home-rule municipality that has a population of 60,000 or less . The refunding bonds or warrants must be issued in the manner provided by Chapter 1207, Government Code. (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. On the filing of an answer by the governing body, and on application of either party, the case shall be advanced and heard without further delay in accordance with the Texas Rules of Civil Procedure. 1.01(4), eff. Before any amendment is adopted, the governing body must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.063. 1167, Sec. Sec. This means that prior to 1999, the City of Houston had the ability to annex The Woodlands with a vote of the Houston City Council. (d) A municipality that has annexed any portion of an area after December 1, 1996, and before September 1, 1999, in which a school district has a facility shall grant a variance from the municipality's building code for that facility if the facility does not comply with the code. Added by Acts 1995, 74th Leg., ch. Acts 2011, 82nd Leg., R.S., Ch. The notice for each hearing must be posted on the municipality's Internet website on or after the 20th day but before the 10th day before the date of the hearing and must remain posted until the date of the hearing. Sec. (e) The governing body of a municipality may not annex a district for limited purposes under this section or under the provisions of Subchapter F until it has adopted a strategic partnership agreement with the district. 28, eff. (b) Notwithstanding any other law, the governing body of a municipality by ordinance may annex an area without the consent of any of the residents of, voters of, or owners of land in the area under the procedures prescribed by Subchapter C-1. May 23, 2007. ANNEXATION OF MUNICIPALLY OWNED RESERVOIR. ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES IN ANNEXED AREA. (c) The governing body may acquire land in the added area by purchase, condemnation, or gift. Sec. Amended by Acts 1989, 71st Leg., ch. 692 (H.B. (2) the municipality has a population of 596,000 or more, and the area is an improved area that is not taxable by the municipality and is contiguous to the municipal boundary. REGULATION OF FIREWORKS UNDER STRATEGIC PARTNERSHIP AGREEMENT LAW. 8.285, eff. 1, eff. If the municipality maintains an Internet website, the municipality shall make the digital map available on the municipality's website. ANNEXATION OF AREA ON REQUEST OF OWNERS. (j) The proposed service plan must be made available for public inspection and explained to the inhabitants of the area at the public hearings held under Section 43.063. 1, eff. (a) The governing body of a municipality must conduct an initial 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 43.0692. December 1, 2017. Acts 2019, 86th Leg., R.S., Ch. (2) contiguous to the corporate boundaries of the municipality, unless the owner of the area consents to noncontiguous annexation. (2) contiguous to the area being annexed under Subchapter C-3, C-4, C-5, or D. (b) A municipality may annex a right-of-way under this section only if: (1) the municipality provides written notice of the annexation to the owner of the right-of-way, through the owner's registered agent, if applicable, not later than the 61st day before the date of the proposed annexation; and. 2702), Sec. (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. The CCRs for an HOA in Florida provides for annexation of property by two-thirds of members except as provided in another section titled "Additional Phase". (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. Amended by Acts 1997, 75th Leg., ch. (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. 88 (S.B. (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. 10, eff. 2.15, eff. David T. Friendswood, TX . 6), Sec. 6), Sec. (a) A municipality shall order an election on the question of annexing an area to be held on the first uniform election date that falls on or after: (1) the 90th day after the date the governing body of the municipality adopts the resolution under Section 43.0692; or. 43.0663. (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. 1.01(17), eff. ANNEXATION OF AREAS WITH POPULATION OF LESS THAN 200 BY PETITION. Sept. 1, 1987. As Venice's UA clearly states that they cannot build settlers, settle cities, or annex cities. ABOLITION OF WATER-RELATED SPECIAL DISTRICT CREATED WHOLLY IN MUNICIPALITY. 347), Sec. 1, Sec. (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. Sec. Acts 2017, 85th Leg., 1st C.S., Ch. Aug. 28, 1989; Acts 1989, 71st Leg., ch. (e) A defunding municipality holding an election under Subsection (b) may not use public funds on informational campaigns relating to the election. Acts 2017, 85th Leg., 1st C.S., Ch. 155 (H.B. 2726), Sec. In addition to the notice requirements under Section 43.063, a home-rule municipality, before the municipality may institute annexation proceedings, 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. (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. (a) This section applies only to a municipality that: (1) operates a municipally owned water utility; and. Sec. (e) In this section, "district" means a conservation and reclamation district of more than 10,000 acres that provides water and sanitary sewer utility 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. 62, eff. 35, eff. That operating contract may extend for a period, not to exceed 30 years, stipulated in the contract and is subject to amendment, renewal, or termination by the mutual consent of the governing bodies. Acts 2017, 85th Leg., 1st C.S., Ch. (q) Repealed by Acts 2019, 86th Leg., R.S., Ch. 6 (S.B. 1064, Sec. So its probably a bug. Acts 2019, 86th Leg., R.S., Ch. The construction shall be substantially completed within the period provided in the service plan. 6 (S.B. REQUIRED DISCLOSURE BEFORE ANNEXATION AGREEMENT. Added by Acts 1995, 74th Leg., ch. (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. December 1, 2017. SUBCHAPTER C-4. 6), Sec. endstream 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. 1878), Sec. 6 (S.B. 155 (H.B. 1472), Sec. (a) In this section, "military base" means a presently functioning federally owned or operated military installation or facility. (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. Sec. This is required for city-initiated annexations, and for petitions for annexation for voluntary annexation under the G.S. Sec. Sec. NOTICE OF PROPOSED ANNEXATION. May 24, 2019. The municipality may adopt ordinances, including those imposing criminal penalties, and may otherwise police navigation on the stream and the use of the wharves or other facilities and aids to navigation or wharfage. The process can be started by either a petition (see below) or by a city council resolution. (e) This section repeals a municipal charter provision to the extent of a conflict with this section. In the action for the writ: (1) the court may order the parties to participate in mediation; (2) the municipality has the burden of proving that the municipality complied with Subsection (a); (3) the person may provide evidence that the costs for the person to access the services are disproportionate to the costs incurred by a municipal resident to access those services; and, (i) disannex the property that is the subject of the suit within a reasonable period specified by the court; or. Pearland is one of several Texas cities that appeared to quickly annex areas in their extraterritorial jurisdiction, or ETJ, right before a new law established by Senate Bill 6 took effect. By the end of the first year after the date an area is annexed for limited purposes, the municipality must develop a land use and intensity plan as a basis for services and capital improvements projects planning. (e) If the district is composed of two or more tracts, at least one of which is not contiguous to the home-rule municipality, the fact that the annexation will result in one or more parts of the home-rule municipality being not contiguous to the rest of the municipality does not affect the municipality's authority to annex the district. The governing body and landowners may renew or extend the contract for successive periods not to exceed 10 years each. AUTHORITY TO ANNEX AREA ON REQUEST OF OWNERS. (a) This section applies to a municipal utility district that is located entirely in the extraterritorial jurisdiction of a single general-law municipality and that has a common boundary with at least one home-rule municipality. Sec. (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. Acts 2017, 85th Leg., 1st C.S., Ch. Sept. 1, 1999. Land Records Management Program . The system or property shall be operated in that manner until all the revenue bonds, warrants, or obligations are retired in full by payment or by the refunding of the bonds, warrants, or other obligations into municipal obligations. Acts 1987, 70th Leg., ch. 218, Sec. (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. 82, eff. The total annual amount of the payments may not exceed the lesser of: (1) the total annual cost to the municipality of providing the water and sanitary sewer utility service, including both capital and operation and maintenance costs and expenses; or. Amended by Acts 1989, 71st Leg., ch. Amended by Acts 1989, 71st Leg., ch. 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. 3, eff. (e) The annexation under this section of area outside the extraterritorial jurisdiction of the annexing municipality does not expand the extraterritorial jurisdiction of the municipality. 3, Sec. 6), Sec. 6), Sec. (b) The service plan, which must be completed before the annexation, must include a program under which the municipality will provide full municipal services in the annexed area no later than 2-1/2 years after the effective date of the annexation, in accordance with Subsection (e), unless certain services cannot reasonably be provided within that period and the municipality proposes a schedule for providing those services, and must include a list of all services required by this section to be provided under the plan. 293, Sec. (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. (2) if the area was annexed under Subchapter C-3, C-4, or C-5, within the period specified by the written agreement under Section 43.0672 or the resolution under Section 43.0682 or 43.0692, as applicable. 3, eff. An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. The City of Conroe is a "home-rule" City of more than 50,000 people, and will follow the law and procedures as set out by the State. Aug. 28, 1989; Acts 1989, 71st Leg., ch. Cool. May 24, 2019. (b) The hearings must be held on or after the 40th day but before the 20th day before the date the annexation proceedings are instituted. (c) This section does not prohibit a municipality from imposing: (1) a regulation relating to the location of sexually oriented businesses, as that term is defined by Section 243.002; (2) a municipal ordinance, regulation, or other requirement affecting colonias, as that term is defined by Section 2306.581, Government Code; (3) a regulation relating to preventing imminent destruction of property or injury to persons; (4) a regulation relating to public nuisances; (5) a regulation relating to flood control; (6) a regulation relating to the storage and use of hazardous substances; or. For city-initiated annexations, and for petitions for annexation for voluntary annexation under the G.S CERTAIN MUNICIPALITIES ANNEXED. 85Th Leg., R.S., Ch ( 2 ) contiguous to the of! 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how to de annex from a city in texas