(b) If the municipality annexes all the area in the district, the municipality: (1) shall take over the property and other assets of the district; (2) assumes all the debts, liabilities, and obligations of the district; and. ANNEXATION OF WATER-RELATED SPECIAL DISTRICT: REIMBURSEMENT OF LANDOWNER OR DEVELOPER; CONTINUATION OF DISTRICT AND TAXING AUTHORITY. GENERAL ANNEXATION AUTHORITY AND PROCEDURES REGARDING CONSENT ANNEXATIONS. 43.0683. Delivering on 2018 & 2022 bond programs. (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). 43.128. (g) In the annexation ordinance, the larger municipality shall adopt, for application in the area zoned by the smaller municipality, the identical comprehensive zoning ordinance that the smaller municipality applied to the area at the time of the election. (f) If only part of the area in the district becomes a part of the municipality, the governing bodies of the municipality and the district may make contracts relating to the division and allocation between themselves of their duplicate and overlapping powers, duties, and other functions and relating to the use, management, control, purchase, conveyance, assumption, and disposition of the property and other assets, debts, liabilities, and obligations of the district. (15) any other provision or term to which the parties agree. Sept. 1, 1987. 5, eff. 347), Sec. 347), Sec. 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. (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. 5, eff. 2.15, eff. Added by Acts 2017, 85th Leg., R.S., Ch. September 1, 2019. <> (o) This section is cumulative of all other authority to make, enter into, and perform a regional participation agreement. Sept. 1, 1999. Sept. 1, 1999. 1167, Sec. 3, eff. 21.001(84), eff. 3, Sec. Sec. 1, eff. September 1, 2019. 149, Sec. <> Transportation Annex (ESF 1) Communications Annex (ESF 2) Public Works and Engineering Annex (ESF 3) Firefighting Annex (ESF 4) Emergency Management (ESF 5) . (3) the requirements of Sections 7.002 and 8.002 do not apply to an election ordered under Subsection (c)(1) or (2). 822, Sec. 347), Sec. 43.125. Added by Acts 2019, 86th Leg., R.S., Ch. 1167, Sec. Sec. (o) A municipality is not required to provide solid waste collection services under Subsection (b) to a person who continues to use the services of a privately owned solid waste management service provider as provided by Subsection (n). 36, eff. (C) with corporate boundaries contiguous to the boundaries of a district that has entered into a regional participation agreement under this section with another eligible municipality described by Paragraph (A). In case of any conflict or ambiguity between this section and any other law or municipal charter provision, this section shall prevail and control. Acts 2017, 85th Leg., 1st C.S., Ch. (n) For purposes of determining the initial tax rate of a municipality or an alternate form of local government, the tax rate of the district when the territory incorporated or established as an alternate form of government was part of the district is not considered for purposes of the calculations required by Section 26.04(c), Tax Code. - To Annex the Other Side - Randle Law Office | (281) 657-2000 Texas annexation laws underwent a major overhaul in 2019, a subject our firm addressed in a prior blog post. 1.01, eff. (d) If the area proposed for annexation is completely surrounded by territory under the jurisdiction of another municipality, regardless of whether that jurisdiction is full-purpose, limited-purpose, or extraterritorial, that municipality must find that the annexation is in the public interest. 55(a), eff. Sept. 1, 2001. (e) Signatures collected on the petition must be in writing. Galveston County Tax Annex in League City. The abolition agreement must provide for the distribution of assets and liabilities as provided by Subsection (c). Acts 2017, 85th Leg., 1st C.S., Ch. (j) If the municipality combines the systems or property as provided by Subsection (i), it shall levy on all property subject to taxation by the municipality an annual property tax at a rate that, when combined with other available municipal funds and revenues, is sufficient to pay the principal of and interest on the outstanding obligations. (3) a description, list, and schedule of services to be provided by the municipality in the area on or after annexation as provided by Section 43.0682. Sept. 1, 1987. (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. Aug. 28, 1989; Acts 1989, 71st Leg., ch. The board shall charge and collect sufficient rates for the services of the system or property and shall apply the revenue to comply with each covenant or agreement contained in the proceedings relating to the revenue bonds, warrants, or other obligations with respect to the payment of principal and interest and the maintenance of reserves and other funds. 155 (H.B. (e) The municipality may not proceed with the annexation unless the municipality provides the required notice under this section. 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. 7, eff. 1, eff. December 1, 2017. 6 (S.B. 6 (S.B. 29, Sec. December 1, 2017. 37, eff. (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. 1, eff. . Acts 2019, 86th Leg., R.S., Ch. APPLICABILITY. 2 0 obj 43.121. 1, eff. (a) In this section, "water or sewer district" means a district or authority created under Article III, Section 52, Subsections (b)(1) and (2), or under Article XVI, Section 59, of the Texas Constitution that provides or proposes to provide, as its principal function, water services or sewer services or both to household users. (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. Sec. (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. Amended by Acts 1989, 71st Leg., ch. 1, eff. (n) Notwithstanding the provisions of any municipal charter or other law, a district or an eligible municipality is not required to hold an election to authorize a regional participation agreement. 787, Sec. 1.01, eff. A refunding bond must bear interest at the same rate or at a lower rate than that borne by the refunded obligation unless it is shown mathematically that a different rate results in a savings in the total amount of interest to be paid. ENFORCEMENT OF CHAPTER. 6 (S.B. ABOLITION OF WATER-RELATED SPECIAL DISTRICT THAT BECOMES PART OF MORE THAN ONE MUNICIPALITY. (e) The service plan must also include a program under which the municipality will initiate after the effective date of the annexation the acquisition or construction of capital improvements necessary for providing municipal services adequate to serve the area. The refunding bonds must be issued in the manner provided by Chapter 1207, Government Code. 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. Preparedness Resources. (2) is adjacent to the road and right-of-way. (d) The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing. The municipality may combine the different issues or the bonds of different issues of both district and municipal revenue bonds, warrants, or other obligations into one or more series of revenue refunding bonds. 155 (H.B. (b) The municipality may not initiate a rate proceeding solely because of the disapproval of a proposed annexation of an area under this subchapter. Sec. (3) "Strategic partnership agreement" means a written agreement described by this section between a municipality and a district. 3. 6), Sec. Acts 2019, 86th Leg., R.S., Ch. (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. The . 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. (a) A municipal water board that was created by Section 6, Chapter 134, Acts of the 52nd Legislature, Regular Session, 1951, and that continues to exist to preserve a vested right created under that law, remains in existence with full power after the municipality annexes all the area of the water control and improvement district whose functions the municipality assumed and delegated to the water board, so long as the land located in the board's jurisdiction is used for farming, ranching, or orchard purposes. The municipality may issue refunding bonds or warrants to refund bonds, warrants, or other obligations, including unpaid earned interest on them, that is assumed by the municipality. (1) the authority of the governing body of a district to order an election under Subsection (c) is separate and independent and is the exclusive means of ordering any such election; (2) all or any part of the territory of a district may be incorporated as a Type A, Type B, or Type C municipality, as determined by the governing body of the district ordering the incorporation election under Subsection (c)(1) or (2); and. June 18, 1999. December 1, 2017. Any attempted annexation of the smaller municipality that does not include the adoption of that comprehensive zoning ordinance is void. Texas cities have used -- to determine whether or not a city should impose a cap on the property tax rate with forced reluctant representatives to place the proposed ordinance on the ballot. (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. (i) If only a part of the area to be annexed is actually annexed, the governing body shall direct the department to prepare a revised service plan for that part. The boundaries are extended on the adoption of the ordinance. ANNEXATION OF COUNTY ROADS REQUIRED IN CERTAIN CIRCUMSTANCES. (f) If the abolished district has outstanding bonds, warrants, or other obligations payable in whole or in part from the net revenue from the operation of the district utility system or property, the affected municipalities shall take over and operate the system or property through a board of trustees as provided by this section. Acts 2017, 85th Leg., 1st C.S., Ch. Sec. REFUND OF TAXES AND FEES. SUBCHAPTER A-1. 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. A digital map required under this section must be made available without charge and in a format widely used by common geographic information system software or in any other widely used electronic format if the municipality does not have common geographic information system software. (h) A regional development agreement may not require a district to provide public services and facilities to a person to whom the district is not otherwise authorized to provide services or facilities or to make payments from any source from which the district is not otherwise authorized to make payments. 1012), Sec. CONTINUATION OF CERTAIN MUNICIPAL WATER BOARDS ON ANNEXATION OF WATER CONTROL AND IMPROVEMENT DISTRICT. 43.075. 6), Sec. (C) use of the municipal sales taxes collected by the municipality for facilities or services in the district. Sec. (e) The signatures to the petition need not be appended to one paper. Question to be submitted--"whether they consent to such proposed annexation to the corporate limits of the city or town." (33:157). (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. ANNEXATION BY CERTAIN MUNICIPALITIES THAT OPERATE MUNICIPALLY OWNED WATER UTILITY. (a) This chapter may be enforced only through mandamus or declaratory or injunctive relief. (9) public safety and security, including law enforcement, firefighting and fire prevention, emergency services and facilities, and homeland security. (b) A municipality that has annexed area in the district is not required to obtain the consent of any municipality to annex additional area located wholly in the district other than the consent of the other municipalities that have annexed area in the district and have extraterritorial jurisdiction over the area proposed to be annexed. Acts 2019, 86th Leg., R.S., Ch. <> (g) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. December 1, 2017. Acts 1987, 70th Leg., ch. Amendments, De-annexations, Dissolutions, Annexation Ordinances and Annexation Maps . September 1, 2009. (b) If at the election held under this subchapter a majority of qualified voters do not approve the proposed annexation, or if the municipality is required to petition owners of land in the area under Section 43.0695 and does not obtain the required number of signatures, the municipality may not annex the area and may not adopt another resolution under Section 43.0692 to annex the area until the first anniversary of the date of the adoption of the resolution. 2, eff. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1987. 13, eff. 103 (S.B. 816, Sec. 822, Sec. Sec. 6 (S.B. ANNEXATION OF CONTIGUOUS OR CONNECTING RIGHTS-OF-WAY. 30, eff. (C) the surcharge is in effect only during the period in which bonds issued by the district or refunded by the municipality are not fully retired. Amended by Acts 1989, 71st Leg., ch. 43.131. The contract may not impair the obligation of another contract of the municipality or district. 1, Sec. 43.0699. Sept. 1, 1999. 1217 (S.B. June 18, 2003. 43.146. TITLE 2. (3) a part of a special utility district created or operating under Chapter 65, Water Code. May 24, 2019. 248, Sec. Phone: 903-731-8400 City Hall Office Hours Monday through Thursday 8 am to 5 pm Friday 9 am to 5 pm Amended by Acts 1989, 71st Leg., ch. 6 (S.B. 1, eff. (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 . 347), Sec. (g) A regional participation agreement is not required to describe the land contained within the boundaries of a party to the agreement, but any territory to be released from the extraterritorial jurisdiction of an eligible municipality that is a party under an agreement must be described in sufficient detail to convey title to land and the description must be made a part of the agreement. 374), Sec. 1, eff. The agreement must be recorded in the deed records of any county in which any land in the district is located. DISANNEXATION OF SPARSELY POPULATED AREA IN GENERAL-LAW MUNICIPALITY. (e) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. 13.12, eff. 43.0752 by Acts 2001, 77th Leg., ch. Mesquite has rushed to annex land outside its city limits before Dec. 1, 2017, when a new law would . 1312), Sec. 43.0761. Notwithstanding Subchapter C-4 or C-5, a municipality may annex an area if each owner of land in the area requests the annexation. Sept. 1, 1999. The General Assembly gave municipalities the authority to annex property into the city limits under session law 1947 chapter 725. RETALIATION FOR ANNEXATION DISAPPROVAL PROHIBITED. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. Added by Acts 1989, 71st Leg., ch. June 18, 2003; Acts 2003, 78th Leg., ch. (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. ANNEXATION OF AREAS WITH POPULATION OF AT LEAST 200 BY ELECTION. (b) An annexation agreement for which a disclosure is not provided in accordance with Subsection (a) is void. Amended by Acts 1989, 71st Leg., ch. A road sign outside of Mesquite city limits in Dallas County. 4, eff. Acts 2019, 86th Leg., R.S., Ch. <>>> (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. (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. (2) if the consent of the owners of land in the area is required under Section 43.0695, the 78th day after the date the petition period to obtain that consent ends. 6 from 2017 had already done that for cities in the largest counties.) The trustees are appointed for the terms and shall perform the duties as provided by the agreement made under Subsection (c) or (d). 1217 (S.B. 3.01, eff. (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. Sec. Transferred and redesignated from Local Government Code, Section 43.051 by Acts 2017, 85th Leg., 1st C.S., Ch. December 1, 2017. The area ceases to be a part of the municipality on the date of the entry of the order. North Carolina Secretary of State . 2, eff. 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