(g) In any election ordered under Subsection (c), the governing body of the district may also submit to the voters voting in the election any other measure the governing body considers necessary and convenient to effectuate the transition to a municipal or alternate form of local government, including a measure on the question of whether, on incorporation as a municipality or establishment of an alternate form of local government, any rights, powers, privileges, duties, purposes, functions, or responsibilities of the district or the district's authority to issue bonds and impose a tax is transferred to the municipality or alternate form of local government. 822, Sec. 347), Sec. (c) At the time notice of the municipality's intent to annex the land within the district is first given in accordance with Section 43.0683 or 43.0693, as applicable, the municipality shall proceed to initiate and complete a report for each developer conducted in accordance with the format approved by the Texas Commission on Environmental Quality for audits. (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. Acts 2019, 86th Leg., R.S., Ch. (c) Notwithstanding any other law, including laws prescribing population or territorial requirements for incorporation under Section 5.901, 6.001, 7.001, or 8.001, the governing body of a district may order an election as provided by this subsection to be held on a uniform election date prescribed by Section 41.001, Election Code. Sec. Rhone Mortuary is one of the five businesses that wants to be de-annexed from the city. endstream AUTHORITY OF MUNICIPALITY TO ANNEX INDUSTRIAL DISTRICTS. December 1, 2017. The population of Texas increased fourfold between 1900 and 1980, when one-third of all Texans were either African American or Hispanic. 2.01, eff. Each member of the public who wishes to present testimony or evidence regarding the proposed limited-purpose annexation must be given the opportunity to do so. Leaders of the Fort Bend County suburb put up signs this week showing that Sugar Land has 117,869 residents - a. Added by Acts 1999, 76th Leg., ch. (f) After the adoption of the ordinance extending the municipal boundaries, the municipality may fully regulate navigation, wharfage, including wharfage rates, and all facilities, conveniences, and aids to navigation or wharfage. 155 (H.B. 55(a), eff. (Name of Jurisdiction) includes (Name of City/County 1) and (Name of City/County 2). (a) A municipality may annex: (1) an airport owned by the municipality; and. (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. 2, 3, eff. Such disannexation shall not affect the validity of the annexation of other territory. 1900), Sec. The Republic of Texas Mexico won independence from Spain in 1821. Sec. How does land annexation begin? CONTINUATION OF CERTAIN MUNICIPAL WATER BOARDS ON ANNEXATION OF WATER CONTROL AND IMPROVEMENT DISTRICT. 6), Sec. Phone: 903-731-8400 City Hall Office Hours Monday through Thursday 8 am to 5 pm Friday 9 am to 5 pm VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. Annexation Information. If a party, land, or landowner is excluded or removed from an agreement, the removal or exclusion is effective on the recordation of the amendment, supplement, modification, or restatement of the agreement implementing the removal or exclusion. (2) "Eligible municipality" means a municipality: (A) that has a population of 1.5 million or more and that includes in its extraterritorial jurisdiction at least 90 percent by area of the territory of a district; (B) that includes in its extraterritorial jurisdiction not more than 10 percent of the territory of a district that has entered into a regional participation agreement under this section with another eligible municipality described by Paragraph (A); or. (c) If the municipality obtains the number of signatures on the petition required to annex the area, the municipality may annex the area after: (1) providing notice under Subsection (a); (2) holding a public hearing at which members of the public are given an opportunity to be heard; and. Sec. Sec. December 1, 2017. counties in the state of Texas, If you live outside the city limits, what unit of government manages electricity, water, sewer, and sanitation services?, A is chartered for localities with a population of less than 5,000 and more. (b) A municipality may annex for full or limited purposes, under the annexation provisions applicable to that municipality under this chapter, any part of the area located within five miles of the boundary of a military base in which an active training program is conducted. RESULTS OF PETITION. (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. 1(2), eff. <> Acts 1987, 70th Leg., ch. Local Planning. An annexation by a municipality does not change or otherwise affect the switching limits of a railroad or any rates of a railroad. ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES IN ANNEXED AREA. Sec. (b) Upon resumption of the functions of the special district: (1) the municipality shall succeed to the contractual rights of the developer to be reimbursed by the special district for the utilities the municipality acquires from the developer; and. 155 (H.B. December 1, 2017. May 24, 2019. 43.0688. 43.0635. September 1, 2021. Added by Acts 1989, 71st Leg., ch. 43.123. WRITTEN AGREEMENT REGARDING SERVICES. All annexations must be carried out according to State law and the City Code of Ordinances. Acts 1987, 70th Leg., ch. Sec. The municipality may combine different issues of district and municipal revenue bonds, warrants, or other obligations into one series of revenue refunding bonds and may pledge the net revenues of the utility systems or property to the payment of the refunding bonds as the governing body considers proper. 1, Sec. (a) At the time a municipality makes an offer to a landowner to enter into an agreement in which the landowner consents to annexation, the municipality must provide the landowner with the written disclosure described by Section 212.172(b-1). (h) If a majority of the voters voting in an election under Subsection (c)(2) or (4) approve the proposition submitted on the form of local government, the county judge of the county in which the municipality or alternate form of local government is located shall order an election for the governing body of the municipality or alternate form of local government to be held on a date that complies with the provisions of the Election Code, except that Section 41.001(a), Election Code, does not apply. AUTHORITY OF CERTAIN MUNICIPALITIES TO ANNEX ENCLAVES. 2 0 obj June 18, 1999. 1.01(7), eff. May 24, 2019. 4059), Sec. MAXIMUM AMOUNT OF ANNEXATION EACH YEAR. Acts 2011, 82nd Leg., R.S., Ch. (2) follow the course of the road or highway. (2) contiguous to the corporate boundaries of the municipality, unless the owner of the area consents to noncontiguous annexation. <> 10, eff. 1, eff. 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. Acts 1987, 70th Leg., ch. <> 610), Sec. The petition for de-annexation must be written, request the de-annexation, be signed in ink or indelible pencil by the appropriate voters, be signed by each voter as that person's name appears. (d) Before the governing body of a municipality or a district adopts a strategic partnership agreement, it shall conduct two public hearings at which members of the public who wish to present testimony or evidence regarding the proposed agreement shall be given the opportunity to do so. (2) has the physical and economic characteristics of a colonia, as determined by the Texas Department of Housing and Community Affairs. (S.B. 1064, Sec. (c) If the area withdraws from a municipality as provided by this section and if, at the time of the withdrawal, the municipality owes any debts, by bond or otherwise, the area is not released from its pro rata share of that indebtedness. (a) Sections 43.054, 43.0545, 43.055, and 43.057 apply to the annexation of an area to which this subchapter applies. 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. If the municipality maintains an Internet website, the municipality shall make the digital map available on the municipality's website. (1) post notice of the hearings on the municipality's Internet website if the municipality has an Internet website; and. 43.908. (4) annexed at the request of the owners of the area. The annexation may include any unincorporated area located in the proximity of the airport. (b) Notwithstanding any contrary law or municipal charter provision, the governing body of an eligible municipality, the governing body of a district, and, if applicable, a person may approve and authorize execution and performance of a regional participation agreement to further regional participation in the funding of eligible programs or projects. 43.1465. 149, Sec. June 18, 2003. 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. Acts 2019, 86th Leg., R.S., Ch. Acts 2017, 85th Leg., 1st C.S., Ch. (e) If the municipality annexes only part of the area in the district, the district may contract with the municipality for the municipal operation of the district's utility systems and other property and for the transfer, conveyance, or sale of those systems and that property, regardless of kind or location inside or outside municipal boundaries, to the municipality on terms to which the governing bodies of the district and municipality agree. 3, eff. 1163 (H.B. 3, eff. City Hall Annex 900 Bagby, Public Level Houston, TX 77002. 1, Sec. 2, eff. The governing body and landowners may renew or extend the contract for successive periods not to exceed 10 years each. 969, Sec. 43.127. Often, the full ramifications of new legislation are not immediately apparent, until the new laws are put into practice. If the county approves, it petitions the city on the. 3, eff. December 1, 2017. 43.0694. (b) A resident of an area annexed for limited purposes is not eligible to be a candidate for or to be elected to a municipal office. ABOLITION OF WATER-RELATED SPECIAL DISTRICT CREATED WHOLLY IN MUNICIPALITY. The annexation of Texas contributed to the coming of the Mexican-American War (1846-1848). REGIONAL PARTICIPATION AGREEMENTS. 1, Sec. Aug. 28, 1989. Land Records Management Program . AUTHORITY OF MUNICIPALITY WITH POPULATION OF 74,000 TO 99,700 IN URBAN COUNTY TO ANNEX SMALL, SURROUNDED GENERAL-LAW MUNICIPALITY. (c) The funds of the water control and improvement district may be kept in one or more separate accounts in the depository if the funds deposited in each separate account are to be used for a different designated purpose from the funds deposited in any other separate account. Sec. 1.01(17), eff. This building is needed to mobilize any unit in a city. Amended by Acts 1999, 76th Leg., ch. Sept. 1, 1987. By the end of the second year after that date, the municipality must include the area in the municipality's long-range financial forecast and in the municipality's program to identify future capital improvements projects. (a) In this section, "public entity" includes a county, fire protection service provider, including a volunteer fire department, emergency medical services provider, including a volunteer emergency medical services provider, or special district described by Section 43.062(b)(2)(B). The ordinance does not take effect unless a majority of the votes received in the election favor the ordinance. 1, eff. Added by Acts 1999, 76th Leg., ch. 1.07, eff. Acts 2019, 86th Leg., R.S., Ch. (2) the first hearing under Section 43.063, 43.0683, or 43.0693. (a) In this section, "district," "eligible municipality," and "regional participation agreement" have the meanings assigned by Section 43.0754. This property is currently in the City of Austin's limited purpose jurisdiction and is within Council District 5. -Texas (cities with less than 5,000 residents) (citywide)(majority)-Wisconsin (only to appeal city decision to approve deannexation petition)(citywide)(majority) 27. 3(k), eff. December 1, 2017. The Elgin City Council on Tuesday formally directed city staff to begin proceedings and draft an ordinance to de-annex about half the properties it annexed in 2015. Sept. 1, 1989. PROCEDURES APPLICABLE. (q) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1, eff. (B) in any manner that complies with Subchapter J, Chapter 49, Water Code. Transferred, redesignated and amended from Local Government Code, Section 43.035 by Acts 2017, 85th Leg., 1st C.S., Ch. 6 (S.B. 1, eff. Acts 2019, 86th Leg., R.S., Ch. 1, eff. (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. (k) During the time that an election under this section is pending, the general-law municipality may not annex area in the district. 155 (H.B. (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. 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. Sections 1155(a)(2) and (d). 6), Sec. 401, Sec. 13 0 obj (2) one percent each month after the 210th day after the date the area is disannexed. (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. 43.0545. ENFORCEMENT OF CHAPTER. ANNEXATION OF AREAS WITH POPULATION OF AT LEAST 200 BY ELECTION. 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". May 24, 2019. 2, eff. Acts 1987, 70th Leg., ch. Transferred, redesignated and amended from Local Government Code, Section 43.027 by Acts 2017, 85th Leg., 1st C.S., Ch. (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. For text of section as added by Acts 2021, 87th Leg., R.S., Ch. Sec. (d) Annexation of area under this section is exempt from the provisions of this chapter that prohibit: (1) a municipality from annexing area outside its extraterritorial jurisdiction; (2) annexation of area narrower than the minimum width prescribed by Section 43.054; or. 1, eff. (iii) the district has obtained the authorization of the governmental entity currently providing the service; (3) payments by the municipality to the district for services provided by the district; (4) annexation of any commercial property in a district for full purposes by the municipality, notwithstanding any other provision of this code or the Water Code, except for the obligation of the municipality to provide, directly or through agreement with other units of government, full provision of municipal services to annexed territory, in lieu of any annexation of residential property or payment of any fee on residential property in lieu of annexation of residential property in the district authorized by this subsection; (5) a full-purpose annexation provision on terms acceptable to the municipality and the district; (6) conversion of the district to a limited district including some or all of the land included within the boundaries of the district, which conversion shall be effective on the full-purpose annexation conversion date established under Subdivision (5); (7) agreements existing between districts and governmental bodies and private providers of municipal services in existence on the date a municipality evidences its intention by adopting a resolution to negotiate for a strategic partnership agreement with the district shall be continued and provision made for modifications to such existing agreements; and. 6), Sec. 155 (H.B. The assumption by each municipality must be based on the ratio that the value of the property and other assets distributed to that municipality bears to the total value of all the property and other assets of the district. 593 (S.B. Acts 1987, 70th Leg., ch. Exercise. 1.01, eff. On completion of the public hearings, the service plan shall be attached to the ordinance annexing the area and approved as part of the ordinance. stream 43.130. 26, eff. 2, eff. 1, eff. 2.05, eff. 597, Sec. 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