If a proposed annexation would cause an area to be entirely surrounded by the annexing municipality but would not include the area within the municipality, the governing body of the municipality must find, before completing the annexation, that surrounding the area is in the public interest. (b) A municipality authorized or required to annex a district for full purposes under a strategic partnership agreement under Section 43.0751: (1) may not annex the district without also annexing all of the unincorporated area served by the district that is located in the municipality's extraterritorial jurisdiction; and. Sec. 1, eff. 6), Sec. 63, eff. This section does not affect the authority of a municipality to issue bonds for other purposes. (33:157, 33:159). (2) "Delinquent sum" means the sum a municipality has failed to timely pay to a landowner or developer under Subsection (b). 155 (H.B. EFFECT OF ANNEXATION ON PUBLIC ENTITIES OR POLITICAL SUBDIVISIONS. The area ceases to be a part of the municipality on the date of the entry of the order. 10, eff. The municipality shall perform the duties and other functions imposed by law or contract on the governing body of the district relating to the district's outstanding bonds, warrants, or other obligations and shall separately perform the duties and other functions relating to the bonds, warrants, and other obligations of the municipal system. Sec. Delivering on 2018 & 2022 bond programs. 43.073. <> To compensate the developer for the municipality's use of the infrastructure facilities pending the determination of the reimbursement amount, all interest accrued on the escrowed funds shall be paid to the developer whether or not the annexation is valid. If the property is % (a) Notwithstanding any other law, the governing body of a district by resolution may petition a municipality to alter the annexation status of land in the district from full-purpose annexation to limited-purpose annexation. 155 (H.B. The construction shall be substantially completed within the period provided in the service plan. 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. Sec. (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). endobj AUTHORITY OF MUNICIPALITY TO ANNEX AREA NEAR MILITARY BASE. (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. The governing bodies of a municipality and a district may conduct joint public hearings under this subsection, provided that at least one public hearing is conducted within the district. (2) the first hearing under Section 43.063, 43.0683, or 43.0693. (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. Aug. 28, 1989. 593 (S.B. 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. Sept. 1, 2001. 155 (H.B. 374), Sec. 32, eff. PROCEDURES FOR INCORPORATION OR ESTABLISHMENT OF ANOTHER FORM OF LOCAL GOVERNMENT FOR CERTAIN AREAS SUBJECT TO REGIONAL PARTICIPATION AGREEMENT. (c) This section does not prohibit a municipality from imposing: (1) a regulation relating to the location of sexually oriented businesses, as that term is defined by Section 243.002; (2) a municipal ordinance, regulation, or other requirement affecting colonias, as that term is defined by Section 2306.581, Government Code; (3) a regulation relating to preventing imminent destruction of property or injury to persons; (4) a regulation relating to public nuisances; (5) a regulation relating to flood control; (6) a regulation relating to the storage and use of hazardous substances; or. (a) A municipality may annex: (1) an airport owned by the municipality; and. (e) The governing body of a municipality may not annex a district for limited purposes under this section or under the provisions of Subchapter F until it has adopted a strategic partnership agreement with the district. Consequently, the area subject to the boundary extension is a strip 5,000 feet wide and 20 miles in length, or as much of that strip as the governing body considers advisable to add to the municipality. (a) When at least 50 qualified voters of an area located in a general-law municipality sign and present a petition to the mayor of the municipality that describes the area by metes and bounds and requests that the area be declared no longer part of the municipality, the mayor shall order an election on the question in the municipality. Sept. 1, 1999. Aug. 28, 1989. This section grants additional power to the municipality and is cumulative of the municipal charter. (c) The governing body may acquire land in the added area by purchase, condemnation, or gift. (a) This section applies to a municipal utility district that is located entirely in the extraterritorial jurisdiction of a single general-law municipality and that has a common boundary with at least one home-rule municipality. The agreement must be recorded in the deed records of any county in which any land in the district is located. (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). <> 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. Sec. WRITTEN AGREEMENT REGARDING SERVICES. 62, eff. Added by Acts 2007, 80th Leg., R.S., Ch. (b) If a municipality fails to annex in a calendar year the entire 10 percent amount permitted under Subsection (a), the municipality may carry over the unused allocation for use in subsequent calendar years. 1, eff. Sec. Acts 2019, 86th Leg., R.S., Ch. 347), Sec. This subchapter applies to: (1) a municipal utility district operating under Chapter 54, Water Code, that: (A) was annexed for full purposes by a municipality as a condition of the municipality granting consent to the creation of the district; (B) was annexed by the municipality on the same date as at least five other districts; and, (C) has not had on the eighth anniversary of the district's annexation by the municipality more than 10 percent of the housing units or commercial square footage authorized in its consent agreement constructed; and. (k) A municipality that has annexed all or part of a district for limited purposes under this section may impose a sales and use tax within the boundaries of the part of the district that is annexed for limited purposes. Any obligation to reimburse the developer may be paid in installments over a three-year period. by petition of the owners of all the land proposed for annexation. (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. Added by Acts 1989, 71st Leg., ch. Proof of the posting and publication must be made by attaching to the petition presented to the secretary: (1) the sworn affidavit of any voter who signed the petition, stating the places and dates of the posting; and. (a) At the time the governing body of the municipality adopts an ordinance annexing an area for limited purposes, the governing body must also adopt by ordinance a regulatory plan for the area. (2) each municipality in whose extraterritorial jurisdiction the airport is located agrees to the annexation. Added by Acts 2021, 87th Leg., R.S., Ch. Emergency Management Performance Grant. An election under this subsection may, consistent with the regional participation agreement, be ordered for the purpose of: (1) submitting to the qualified voters of the district the question of whether the territory of the district should be incorporated as a municipality; (2) submitting to the qualified voters of a designated area of the district the question of whether that designated area should be incorporated as a municipality; (3) submitting to the qualified voters of the district the question of whether the territory of the district should adopt a specific alternate form of local government other than a municipality; or. (e) Signatures collected on the petition must be in writing. The term does not include a district or authority the primary function of which is the wholesale distribution of water. 6), Sec. 2.10, eff. 43.0681. 43.130. (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. (b) On receipt of the district's petition, the governing body of the municipality shall enter into negotiations with the district for an agreement to alter the status of annexation that must: (1) specify the period, which may not be less than 10 years beginning on January 1 of the year following the date of the agreement, in which limited-purpose annexation is in effect; (2) provide that, at the expiration of the period, the district's annexation status will automatically revert to full-purpose annexation without following procedures provided by Section 43.014 or any procedural requirement for annexation not in effect on January 1, 1995; and. Sec. EFFECT OF ANNEXATION ON OPERATION OF SCHOOL DISTRICT. Sec. City Hall Annex 900 Bagby, Public Level Houston, TX 77002. 43.141. 3, eff. 43.124. PROCEDURES APPLICABLE. Annexing a city will increase its production rate from 25% to 50%. 43.016. 43.079. 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. (3) must be recorded in the deed records of any county in which is located any territory of a district that is or that becomes a party to the agreement. Amended by Acts 2001, 77th Leg., ch. 6), Sec. Added by Acts 1989, 71st Leg., ch. 1167, Sec. Sec. Aug. 28, 1989; Acts 1999, 76th Leg., ch. 4(a), eff. (e) A regional participation agreement must be: (2) approved by the governing body of each eligible municipality or district that is or that becomes a party to the agreement; and. 1900), Sec. 43.0116. Sept. 1, 2001. (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. If an area is disannexed, the area may not be annexed again by the municipality for five years. (9) public safety and security, including law enforcement, firefighting and fire prevention, emergency services and facilities, and homeland security. 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. Acts 1987, 70th Leg., ch. 155 (H.B. An annexed city is made when an occupied city is annexed by building the "Annex City" building. 3 0 obj Added by Acts 1995, 74th Leg., ch. The determination of value may be made on an original cost basis, a reproduction cost basis, a fair market value basis, or by any other valuation method agreed on by the parties that reasonably reflects the value of the property and other assets, debts, liabilities, and obligations of the district. However, the municipality may perform in the district all other municipal functions in which the district is not engaged. If the municipality maintains an Internet website, the municipality shall make the digital map available on the municipality's website. The service plan may be amended to extend the period for construction if the construction is proceeding with all deliberate speed. Sec. 43.203. Sept. 1, 1999. 43.015. 513, Sec. The City of Del Rio, Texas does hereby give notice of intention to issue Certificates of Obligation, in one or more series, in the maximum principal amount not to exceed $27,000,000, for the purpose of. (2) state the date on or before which the municipality shall annex the area for full purposes, which date must be within three years after the date the area is annexed for limited purposes. A municipality may not be incorporated in an area annexed for limited purposes unless the annexing municipality gives its consent. The water board may select a depository regardless of the fact that one or more members of the board are members of the board of directors or are stockholders of the depository. 17, Sec. (i) The municipality may issue revenue refunding bonds or 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 solely from net revenues. 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