corporate limits of the city or town as theretofore established" (i.e., as established prior to the proposed annexation). (g) The municipality may designate all or part of the added area as an industrial district, as the term is customarily used, and may treat the designated area in a manner considered by the governing body to be in the best interest of the municipality. (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. (Name of Jurisdiction) includes (Name of City/County 1) and (Name of City/County 2). (a) A municipality may not annex an area that is located in the extraterritorial jurisdiction of the municipality only because the area is contiguous to municipal territory that is less than 1,000 feet in width at its narrowest point. 63, eff. (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. Amended by Acts 1999, 76th Leg., ch. Geographic i. (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. (e) The signatures to the petition need not be appended to one paper. (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. Added by Acts 2019, 86th Leg., R.S., Ch. (2) publish notice of the hearings in a newspaper of general circulation: (B) in the area proposed for annexation; and. (e) A defunding municipality holding an election under Subsection (b) may not use public funds on informational campaigns relating to the election. If the annexation is not completed within the 90-day period, any annexation proceeding is void and the larger municipality may not annex the smaller municipality under this section. 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, Sec. Notice of public hearings conducted by the governing body of a district under this subsection shall be given in accordance with the district's notification procedures for other matters of public importance. In May, the City of Fort Worth will achieve some milestones when it sells the last of the bonds for the 2018 program, and the first of the bonds for the 2022 program. Added by Acts 2017, 85th Leg., 1st C.S., Ch. Unlike other states, Texas does not allow for consolidated city-county governments. 43.083. 1338), Sec. Sec. 6 (S.B. 43.071. (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). 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. (j) This section does not affect a charter provision of a home-rule municipality. An election for members of the governing body of an alternate form of government must be held under the law applicable to that form of government, to the extent consistent with this section. 1217 (S.B. (7) a regulation relating to the sale and use of fireworks. Amended by Acts 1989, 71st Leg., ch. Acts 1987, 70th Leg., ch. Sec. May 24, 2019. Any attempted annexation of the smaller municipality that does not include the adoption of that comprehensive zoning ordinance is void. Funny. (b) To be annexed for limited purposes, an area must be: (1) within the municipality's extraterritorial jurisdiction; and. (2) the sworn affidavit of the publisher of the newspaper in which the notice was published, stating the name of the newspaper and the issue and date of publication. 1900), Sec. 1, Sec. City Action Center Do It Online Other City Services Pay Water Bill Easy and convenient ways to pay your water bill. (b) A person residing in an annexed area subject to a service plan may apply for a writ of mandamus against a municipality that fails to provide access to services in accordance with Subsection (a). Sec. December 1, 2017. Sept. 1, 1987. The Woodlands was built as an unincorporated master-planned community within Montgomery County and the extra-territorial jurisdiction of the City of Houston. Sec. 6), Sec. (a) A district existing on September 1, 1997, that, within 10 years after the date of its creation, has not provided water and sanitary sewer utility service from its facilities to all household users in its territory shall: (1) provide water and sanitary sewer utility service from its facilities to all household users in its territory not later than September 1, 1998; or. Home rule cities annex property in several ways. 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. <> (B) the court shall award the person's attorney's fees and costs incurred in bringing the action for the writ. 2.07, eff. 43.081. 3(e), eff. The municipality may annex for limited purposes any land for which the landowner requests annexation and provides to the municipality before the effective date of the annexation the landowner's written consent to annexation for limited purposes. The 2014 Act extended the review of state policies governing comprehensive growth plans and changes in municipal boundaries begun by Public Chapter 441 on which the Commission released an interim report in December 2013. 14 0 obj (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. May 23, 2007. CONTINUATION OF LAND USE. Sept. 1, 1987. Sec. 199 (H.B. December 1, 2017. 3, eff. unitary. Acts 2013, 83rd Leg., R.S., Ch. Acts 1987, 70th Leg., ch. 692 (H.B. 1, Sec. Added by Acts 2019, 86th Leg., R.S., Ch. The municipality may combine the district system or property with the municipality's similar system or property if: (1) the municipality has no outstanding revenue bonds, warrants, or other obligations payable from and secured by a pledge of the net revenue of its own utility system or property; or, (A) has outstanding obligations payable from and secured by a pledge of net revenues sufficient to meet the outstanding obligations; and. Acts 2019, 86th Leg., R.S., Ch. REGIONAL DEVELOPMENT AGREEMENTS. Added by Acts 1995, 74th Leg., 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. September 1, 2019. 103 (S.B. (3) 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. Sec. 55(a), eff. 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 . (5) a schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. December 1, 2017. December 1, 2017. ANNEXATION OF MUNICIPALLY OWNED AIRPORT. 6), Sec. 6), Sec. May 24, 2019. 2 0 obj (f) Before the petition is circulated among the voters, notice of the petition must be given by posting a copy of the petition for 10 days in three public places in the annexed area and by publishing a copy of the petition once in a newspaper of general circulation serving the area before the 15th day before the date the petition is first circulated. PERIOD FOR COMPLETION OF ANNEXATION. Sept. 1, 1989. The notice may not be smaller than one-quarter page of a standard-size or tabloid-size newspaper, and the headline on the notice must be in 18-point or larger type. (c) If the district is located wholly in two or more municipalities, the district may be abolished by agreement among the district and the municipalities in which the district is located. 43.001. AUTHORITY OF MUNICIPALITY TO ANNEX AREA QUALIFIED FOR AGRICULTURAL OR WILDLIFE MANAGEMENT USE OR AS TIMBER LAND. (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. Acts 2017, 85th Leg., 1st C.S., Ch. 8, eff. Municipal annexation is a process by which a municipality expands its boundaries into nearby, usually adjacent, unincorporated areas. (3) "Planned community" means a planned community of 10,000 acres 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. (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. Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation. 1, eff. December 1, 2017. 149, Sec. SUBCHAPTER A-1. (3) a part of a special utility district created or operating under Chapter 65, Water Code. 43.9051. 822, Sec. 429 (S.B. (a) This section applies only to a municipality that includes solid waste collection services in the list of services that will be provided in the area proposed for annexation on or before the second anniversary of the effective date of the annexation of the area under a written agreement under Section 43.0672 or a resolution under Section 43.0682 or 43.0692. endobj This subsection does not prevent the inhabitants of the area from paying in full at any time their pro rata share of the indebtedness. (2) must provide benefits to each party, including revenue, services, and regulatory benefits, that must be reasonable and equitable with regard to the benefits provided by the other party. (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. #7. Aug. 28, 1989. Notwithstanding any other law, a municipality may by ordinance annex a road right-of-way on request of the owner of the right-of-way or the governing body of the political subdivision that maintains the right-of-way under the procedures prescribed by Subchapter C-1. (4) the procedure by which the limited district may be dissolved prior to the expiration of any term established under Subdivision (2). May 29, 1999. (b) If the municipality does not obtain the number of signatures on the petition required to annex the area, the municipality may not annex the area and may not adopt another resolution under Section 43.0682 to annex the area until the first anniversary of the date the petition period ended. 39, eff. 560 (S.B. Sept. 1, 2001. (c) The provisions of this subchapter, other than Sections 43.1211 and 43.136, do not affect the authority of a municipality to annex an area for limited purposes under Section 43.136 or any other statute granting the authority to annex for limited purposes. (c) The municipality may not proceed with the annexation unless the municipality provides the required notice. 43.907. Sept. 1, 1987. 1, eff. Acts 2019, 86th Leg., R.S., Ch. Stay up-to-date and aware with community involvement opportunities, latest news and social media connections with the City. Sec. 43.106. If a writ of mandamus is applied for, the municipality has the burden of proving that the services have been provided in accordance with the service plan in question. ANNEXATION OF COUNTY ROADS REQUIRED IN CERTAIN CIRCUMSTANCES. 43.141. 1, eff. 43.126. (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. The agreement shall be recorded in the deed records of the county or counties in which the land included within the district is located and shall bind each owner and each future owner of land included within the district's boundaries on the date the agreement becomes effective. (a) The disapproval of the proposed annexation of an area under this subchapter does not affect any existing legal obligation of the municipality proposing the annexation to continue to provide governmental services in the area, including water or wastewater services, regardless of whether the municipality holds a certificate of convenience and necessity to serve the area. 1167, Sec. AUTHORITY OF SPECIAL-LAW MUNICIPALITY TO ANNEX FOR LIMITED PURPOSES ALONG NAVIGABLE STREAM. 175 (H.B. Sec. However, the area may not be discontinued as part of the municipality if the discontinuation would result in the municipality having less area than one square mile or one mile in diameter around the center of the original municipal boundaries. The requirement that construction of capital improvements must be substantially completed within the period provided in the service plan does not apply to a development project or proposed development project within an annexed area if the annexation of the area was initiated by petition or request of the owners of land in the annexed area and the municipality and the landowners have subsequently agreed in writing that the development project within that area, because of its size or projected manner of development by the developer, is not reasonably expected to be completed within that period. 43.0662. Mazey. (2) may adopt an ordinance annexing the area. Sec. That city isn't even today-years-old it won't become a working municipality until leaders are elected in March but there is already a sizeable faction vying to de-annex, or secede . (a) A municipality may annex: (1) an airport owned by the municipality; and. June 18, 2003. For the purposes of this requirement, an election is pending during the period that begins on the date the board of directors adopts the election order and ends on the date the board declares the result of the election. December 1, 2017. 149, Sec. WIDTH REQUIREMENT FOR DISANNEXATION. (b) A municipality that proposes to annex an area shall provide to each public entity that is located in or provides services to the area proposed for annexation written notice of the proposed annexation within the period prescribed for providing the notice of, as applicable: (c) A municipality that proposes to enter into a strategic partnership agreement under Section 43.0751 shall provide written notice of the proposed agreement within the period prescribed for providing the notice of the first hearing under Section 43.0751 to each political subdivision that is located in or provides services to the area subject to the proposed agreement. (h) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. 55(a), eff. CONSENSUAL ANNEXATION. b. 43.130. Added by Acts 1999, 76th Leg., ch. The plan may be amended through negotiation at the hearings, but the provision of any service may not be deleted. 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