6 from 2017 had already done that for cities in the largest counties.) PUBLIC HEARING. 43.074. Sept. 1, 1987. 43.0752 by Acts 2001, 77th Leg., ch. 82, eff. June 9, 2017. MUNICIPAL ANNEXATION PLAN REQUIRED. Election method: This method requires the approval of a majority of voters in the proposed annexation area. 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. Sept. 1, 1987. A few months ago, Chuck Marohn wrote an article asking when it's okay to annex property, and it struck a nerve in the Urban3 office.. As Chuck explained, "Annexation the act of bringing property outside of the city limits into the municipal boundariesis rarely more than an economic sugar high for a city, one . 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. Except as provided by Section 43.0751, beginning December 1, 2017, a municipality described by Section 43.121(a) may annex an area for the limited purposes of applying its planning, zoning, health, and safety ordinances in the area using the procedures under Subchapter C-3, C-4, or C-5, as applicable. 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. Preparedness Resources. The district is abolished on the date the duties and assumption take effect. (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. In the absence of such a contract, the district may continue to exercise, unaffected by the annexation, the powers, duties, and other functions granted or imposed on the district by law. Acts 2019, 86th Leg., R.S., Ch. 43.083. 597, Sec. (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. (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. 149, Sec. December 1, 2017. 1.01(12), eff. Acts 2017, 85th Leg., 1st C.S., Ch. (c) A municipality required to refund money under this section shall refund the money to current landowners in the area not later than the 180th day after the date the area is disannexed. AUTHORITY TO ANNEX. (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. REPORT REGARDING PLANNING STUDY AND REGULATORY PLAN. Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation. 149, Sec. (2) the first hearing under Section 43.063, 43.0683, or 43.0693. Those taxes may be charged only with the cost of levying and collecting the taxes, and the taxes shall be applied exclusively to the payment of the pro rata share of the indebtedness. 3, eff. The offices in the smaller municipality are abolished and the persons holding those offices are not entitled to further remuneration or compensation. (b) An annexation agreement for which a disclosure is not provided in accordance with Subsection (a) is void. 39, eff. 43.0697. SUBCHAPTER D. ANNEXATION PROVISIONS RELATING TO SPECIAL DISTRICTS. (n-1) At the conclusion of the term of an agreement between a municipality and a district under Subsection (n), the district and the municipality may extend the agreement for a period not to exceed 10 years. (i) If a majority of the voters voting in an election under Subsection (c)(1) or (3) approve the proposition submitted on the form of local government, the district is dissolved and the governing body of the district will serve as the temporary governing body of the municipality or alternate form of local government until a permanent governing body is elected as provided by Subsection (j). 43.0695. (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. (a-1) If the registered voters of the area proposed to be annexed do not own more than 50 percent of the land in the area, the petition required by Section 43.0681 may also be signed by the owners of land in the area that are not registered voters. 6), Sec. Matthew Choi, Texas Tribune. 43.132. (c) Notwithstanding Section 43.0685(e), the municipality may provide for an owner of land in the area that is not a resident of the area to sign the petition electronically. 1, eff. The area ceases to be a part of the municipality on the date of the entry of the order. 1, eff. 6), Sec. 1, eff. ",#(7),01444'9=82. 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. JFIF ` ` C ABOLITION OF, OR DIVISION OF FUNCTIONS OF, LEVEE IMPROVEMENT DISTRICT ANNEXED BY MUNICIPALITY WITH POPULATION OF MORE THAN 500,000. Added by Acts 2017, 85th Leg., 1st C.S., Ch. (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. Text of section as added by Acts 2021, 87th Leg., R.S., Ch. (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. The payment to the municipality shall be governed by the requirements of the Texas Natural Resource Conservation Commission. 43.0545. (2) 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. 1, eff. DISANNEXATION OF LAND IN A MUNICIPAL UTILITY DISTRICT. 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 . (9) public safety and security, including law enforcement, firefighting and fire prevention, emergency services and facilities, and homeland security. 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. December 1, 2017. ANNEXATION OF AREA ON REQUEST OF OWNERS. 1163 (H.B. 28, eff. 43.0692. View information and documents regarding current or recent annexations. Read more. ANNEXATION OF MUNICIPALLY OWNED AIRPORT. (7) be presented to the secretary of the municipality. endobj June 14, 2021. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. 43.129. Acts 2007, 80th Leg., R.S., Ch. 155 (H.B. (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. 43.061. 6), Sec. PROCEDURES FOR INCORPORATION OR ESTABLISHMENT OF ANOTHER FORM OF LOCAL GOVERNMENT FOR CERTAIN AREAS SUBJECT TO REGIONAL PARTICIPATION AGREEMENT. ANNEXATION, EXTRATERRITORIAL JURISDICTION, AND EMINENT DOMAIN ON INACCESSIBLE GULF ISLAND. (a) This section applies to a municipality that contains, as a result of the annexation by or the incorporation of the municipality, any part of the area in a water control and improvement district, fresh water supply district, or municipal utility district organized for the primary purpose of providing municipal functions such as the supplying of fresh water for domestic or commercial uses or the furnishing of sanitary sewer service, if: (1) the balance of the area in the district is located in one or more other municipalities; (2) the district is not created by a special act of the legislature and the balance of the area is located in one or more other municipalities and in an unincorporated area; or. 1, eff. 14 0 obj (c) During the public hearing, the governing body: (1) must provide persons interested in the annexation the opportunity to be heard; and. 1, eff. EFFECT OF ANNEXATION ON VOTING RIGHTS, ELIGIBILITY FOR OFFICE, AND TAXING AUTHORITY. (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). Acts 2019, 86th Leg., R.S., Ch. (3) the requirements of Sections 7.002 and 8.002 do not apply to an election ordered under Subsection (c)(1) or (2). September 1, 2021. Acts 1987, 70th Leg., ch. The municipality may impose reasonable charges, such as building inspection and permit fees, on residents or landowners for actions or procedures performed by the municipality in connection with the limited purposes for which the area is annexed. 6 (S.B. 1, eff. 6), Sec. The conflict started, in part, over a disagreement about which river was Mexico's true northern border: the Nueces or the Rio Grande. Sec. endobj Any attempted annexation of the smaller municipality that does not include the adoption of that comprehensive zoning ordinance is void. 155 (H.B. 423 (S.B. 43.131. Sept. 1, 1987. Acts 1987, 70th Leg., ch. 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. (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. Acts 2019, 86th Leg., R.S., Ch. Amended by Acts 1989, 71st Leg., ch. Acts 2015, 84th Leg., R.S., Ch. 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. Acts 2019, 86th Leg., R.S., Ch. May 24, 2019. 43.073. 25, eff. (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. (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. 6 (S.B. (B) the governing body of which adopts, by a vote of at least two-thirds of its entire membership, an ordinance making this section applicable to the municipality. 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