347), Sec. (3) holding a final public hearing not earlier than the 10th day after the date of the public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted. (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, Sec. 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. 1, eff. 155 (H.B. (a) In this section: (1) "Special district" means a political subdivision one purpose of which is to supply fresh water for domestic or commercial use or to furnish sanitary sewer services or drainage. (a) This section applies to a service plan under Section 43.065. 43.1211. CONSENT REQUIREMENT FOR ANNEXATION OF AREA IN CERTAIN CONSERVATION AND RECLAMATION DISTRICTS. Acts 2017, 85th Leg., 1st C.S., Ch. The municipality must notify the residents and property owners of the area proposed to be annexed of the results of the petition. Without reference to the amendment of this section, this section was repealed by Acts 2019, 86th Leg., R.S., Ch. (m) This section does not require that a uniform level of full municipal services be provided to each area of the municipality if different characteristics of topography, land use, and population density constitute a sufficient basis for providing different levels of service. May 24, 2019. 43.123. ANNEXATION OF AREA ON REQUEST OF OWNERS. 6), Sec. WRITTEN AGREEMENT REGARDING SERVICES. June 18, 1999. (e) A development agreement described by Subsection (b)(1) is not a permit for purposes of Chapter 245. 2702), Sec. (d) Area annexed under Subsection (b) is included in computing the amount of area that a municipality may annex under Section 43.055 in a calendar year. Sec. 6 (S.B. Added by Acts 2021, 87th Leg., R.S., Ch. 593 (S.B. (g) A strategic partnership agreement that provides for the creation of a limited district under Subsection (f)(6) shall include provisions setting forth the following: (1) the boundaries of the limited district; (2) the functions of the limited district and the term during which the limited district shall exist after full-purpose annexation, which term may be renewed successively by the governing body of the municipality, provided that no such original or renewed term shall exceed 10 years; (3) the name by which the limited district shall be known; and. Sec. 1468), Sec. 43.143. (6) may require the municipality to pay the person's costs and reasonable attorney's fees in bringing the action for the writ. (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. September 1, 2021. Sept. 1, 1989; Acts 1989, 71st Leg., ch. (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. Sec. (C) previously disannexed territory in a municipal utility district originally annexed for full purposes on the same date as a district to which this section applies. 347), Sec. 1263, Sec. May 24, 2019. 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. 199 (H.B. 43.0661. (3) the municipality may collect a waste and wastewater surcharge for customers in the district after restoration of full-purpose annexation provided that: (A) notice of such proposed surcharge is provided to the board of a district six months prior to restoration of full-purpose annexation; (B) the surcharge does not exceed the cost of a post-annexation surcharge to any other district annexed by the municipality; and. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1999. December 1, 2017. Acts 2019, 86th Leg., R.S., Ch. (33:157, 33:159). 13 0 obj 21, eff. 3(k), eff. RETALIATION FOR ANNEXATION DISAPPROVAL PROHIBITED. CONSENSUAL ANNEXATION. 1, Sec. Any attempted annexation of the smaller municipality that does not include the adoption of that comprehensive zoning ordinance is void. (3) specify the financial obligations of the district during and after the period of limited-purpose annexation for: (A) facilities constructed by the municipality that are in or that serve the district; (B) debt incurred by the district for water and sewer infrastructure that will be assumed by the municipality at the end of the period of limited-purpose annexation; and. (d) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. (4) was not, on April 1, 1971, a party to a contract providing for a federal grant for research and development under 33 U.S.C. Sept. 1, 1999. (f) If the larger municipality completes the annexation within the prescribed period, the incorporation of the smaller municipality is abolished. (2) "Limited-purpose annexation" means annexation authorized under Section 43.121. 26, eff. 1167, Sec. The governing body and landowners may renew or extend the contract for successive periods not to exceed 10 years each. Added by Acts 2015, 84th Leg., R.S., Ch. 43.061. 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. 347), Sec. Added by Acts 2019, 86th Leg., R.S., Ch. The notice must be in the format prescribed by Section 43.123(b) and must be published at least once on or after the 20th day before each date. 560 (S.B. (2) must receive approval for the annexations under the agreement and Subdivision (1) as required by Subchapter C-3, C-4, or C-5, as applicable, before annexation. 6 (S.B. Acts 1987, 70th Leg., ch. 347), Sec. (a) Notwithstanding Subchapter C-4 or C-5, a municipality that has a population of 74,000 to 99,700, that is located wholly or partly in a county with a population of more than 1.8 million, and that completely surrounds and is contiguous to a general-law municipality with a population of less than 600, may annex the general-law municipality as provided by this section. Amended by Acts 1989, 71st Leg., ch. May 24, 2019. September 1, 2013. (c) If the area is disannexed under this section, it may not be annexed again within 10 years after the date of the disannexation. ANNEXATION OF ROAD RIGHTS-OF-WAY ON REQUEST OF OWNER OR MAINTAINING POLITICAL SUBDIVISION. 374), Sec. (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. Houston Annexation History. December 1, 2017. (d) A district that on January 1, 1997, was providing water and sanitary sewer utility service to households outside the territory of the district may not discontinue that service and shall continue to provide that service on the basis of rates established by the district in accordance with Chapter 13, Water Code. INVALIDATION OF ANNEXATION OF SPECIAL DISTRICT; REIMBURSEMENT OF DEVELOPER. Added by Acts 1999, 76th Leg., ch. 347), Sec. May 24, 2019. DISANNEXATION OF SPARSELY POPULATED AREA IN GENERAL-LAW MUNICIPALITY. Acts 2019, 86th Leg., R.S., Ch. Mayor's Assistance Office Phone: 832.393.0955 FAX: 832.393.0952 . (g) If the annexed area had a lower level of services, infrastructure, and infrastructure maintenance than the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the municipality before annexation, a service plan must provide the annexed area with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Acts 2019, 86th Leg., R.S., Ch. June 18, 2003. 3, Sec. Sec. 6 (S.B. 1, Sec. (a) Before instituting proceedings for annexing an area for limited purposes, the governing body of the municipality must hold two public hearings on the proposed annexation. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. Added by Acts 1999, 76th Leg., ch. Upon dissolution of the district, all property and obligations of a dissolved district become the responsibility of the municipality. 6), Sec. Sec. 43.132. 155 (H.B. mile. <> 504 N Queen Street Palestine, TX 75801. (b) A political subdivision's immunity from suit is waived in regard to an action under this chapter. 43.052. 43.131. The City of Huntsville primarily uses the latter method, which requires the following procedure: The property owner presents the Planning . Transferred, redesignated and amended from Local Government Code, Section 43.030 by Acts 2017, 85th Leg., 1st C.S., Ch. APPLICABILITY. (2) if the election authorizes annexation of the district by the home-rule municipality, the board shall file a certified copy of the resolution in the deed records of each county in which the district is located. View information and documents regarding current or recent annexations. 43.0117. 44, eff. (e) For purposes of this section, roads, highways, rivers, lakes, or other bodies of water are not included in computing the 1,000-foot distance unless the area being annexed includes land in addition to a road, highway, river, lake, or other body of water. 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. (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. 4257), Sec. 35, eff. 6 (S.B. Amended by Acts 2001, 77th Leg., ch. 1.06, eff. September 1, 2019. The contract or agreement may contain other terms considered appropriate by the parties. 2.18, eff. Sec. Geographic i. 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. ANNEXATION HEARING REQUIREMENTS. (C) use of the municipal sales taxes collected by the municipality for facilities or services in the district. The municipality may perform all other municipal functions that the municipality is authorized to perform and that the district is not engaged in performing nor authorized to perform. Acts 1987, 70th Leg., ch. 3(d), eff. 6 (S.B. Sept. 1, 1987. 7, eff. 816, Sec. (A) annexed territory for limited purposes; (B) disannexed territory that previously was annexed for limited purposes; and. Sept. 1, 1987. (b) The extraterritorial jurisdiction of a municipality does not include land on the island unless the owners of the land consent. 2726), Sec. (1) a list of each service the municipality will provide on the effective date of the annexation; and. 36, eff. Amended by Acts 1989, 71st Leg., ch. Acts 1987, 70th Leg., ch. Sept. 1, 1989; Acts 1991, 72nd Leg., 1st C.S., ch. 29, Sec. 2, eff. Aug. 28, 1989. (e) Signatures collected on the petition must be in writing. 14, eff. (c) For purposes of Subsection (b)(2), the value of taxable property that receives the utility service shall be determined by the most recent certified tax roll provided by the central appraisal district in which the property is located. Sec. Acts 2017, 85th Leg., 1st C.S., Ch. If the annexed area had a level of services, infrastructure, and infrastructure maintenance equal to the level of services, infrastructure, and infrastructure maintenance provided within the corporate boundaries of the municipality before annexation, a service plan must maintain that same level of services, infrastructure, and infrastructure maintenance. Amended by Acts 1989, 71st Leg., ch. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 3, eff. 822, Sec. The election shall be held on the first uniform election date prescribed by Chapter 41, Election Code, that occurs after the date on which the petition is filed and that affords enough time to hold the election in the manner required by law. Added by Acts 1989, 71st Leg., ch. 2.15, eff. Acts 2011, 82nd Leg., R.S., Ch. Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation. 43.202. endobj The governing body of a municipality may not adopt a strategic partnership agreement before the agreement has been adopted by the governing body of the affected district. 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. (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. 2, eff. (l) After due authorization, execution, delivery, and recordation as provided by this section, a regional participation agreement, including any related amendment, supplement, modification, or restatement, and a pledge of funds to make payments under an agreement shall be final and incontestable in any court of this state. 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