610), Sec. Geographic i. Added by Acts 2019, 86th Leg., R.S., Ch. 347), Sec. The office sent a letter on Nov. 6 to officials of the North Texas city of McKinney, arguing they did not properly follow state annexation procedure. December 1, 2017. (d) A municipality that has annexed any portion of an area after December 1, 1996, and before September 1, 1999, in which a school district has a facility shall grant a variance from the municipality's building code for that facility if the facility does not comply with the code. (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. (2) one percent each month after the 210th day after the date the area is disannexed. (e) The municipality may not proceed with the annexation unless the municipality provides the required notice under this section. Acts 2017, 85th Leg., 1st C.S., Ch. 155 (H.B. 3 0 obj The district is abolished on the date the duties and assumption take effect. (b) If the municipality fails to take the steps required by Section 43.127(b), any affected person may petition the district court to compel the annexation of a particular area for full purposes or the disannexation of the area. Amended by Acts 1989, 71st Leg., ch. U.S. Minister to Mexico 1830-35. If the municipality maintains an Internet website, the municipality shall make the digital map available on the municipality's website. 43.0117. Aug. 28, 1989. Acts 2009, 81st Leg., R.S., Ch. 347), Sec. Amended by Acts 1989, 71st Leg., ch. (3) "Strategic partnership agreement" means a written agreement described by this section between a municipality and a district. (2) each municipality in whose extraterritorial jurisdiction the airport is located agrees to the annexation. (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. ABOLITION OF WATER-RELATED SPECIAL DISTRICT CREATED WHOLLY IN MUNICIPALITY. Aug. 28, 1989. 149, Sec. 43.064. Except as otherwise provided by this section, Subchapter B, Chapter 1502, Government Code, applies to the revenue refunding bonds, but an election for the issuance of the bonds is not required. 1, eff. (a) In this section, "navigable stream" has the meaning assigned by Section 21.001, Natural Resources Code. 632 (S.B. Subchapters C-3 through C-5 do not affect the procedures described by Section 397.005 or 397.006 applicable to a defense community as defined by Section 397.001. ENFORCEMENT OF CHAPTER. Renumbered from Sec. The board of trustees must be composed of not more than five members appointed by the governing bodies of the municipalities. 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. Sec. (a) When the petition period prescribed by Section 43.0685 ends, the petition shall be verified by the municipal secretary or other person responsible for verifying signatures. View information and documents regarding current or recent annexations. 11.255, eff. 597, Sec. 55(a), eff. 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. Aug. 28, 1989; Acts 1999, 76th Leg., ch. A regional participation agreement must include as parties at least one eligible municipality and one district and may include as parties other eligible municipalities, districts, or persons. (l) This section shall be liberally construed so as to give effect to its legislative purposes and to sustain the validity of a regional development agreement if the agreement was entered into under or in anticipation of this section. (g) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. 155 (H.B. 43.905 by Acts 2001, 77th Leg., ch. ANNEXATION HEARING REQUIREMENTS. NOTICE OF PROPOSED ANNEXATION. The board shall conduct the election in the area composed of the district and the general-law municipality. MAP REQUIREMENT FOR PROPOSED ANNEXATION. The plan may be amended through negotiation at the hearings, but the provision of any service may not be deleted. The first one is rarely considered; if something is in the budget, it is almost unfailingly assumed to be needed or at least desirable. 1, eff. 155 (H.B. 43.017. (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. This requirement may be waived and the date for full-purpose annexation postponed by written agreement between the municipality and a majority of the affected landowners. 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. Acts 2019, 86th Leg., R.S., Ch. (h) The board of directors shall set the date of the election for the first uniform election date that falls on or after the 30th day after the date of the order. (i) On the annexation, all claims, fines, debts, or taxes due and payable to the smaller municipality become due and payable to the larger municipality and shall be collected by it. Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. New law forces city's hand Mesquite officials. Sept. 1, 1989; Acts 1991, 72nd Leg., 1st C.S., ch. 347), Sec. Amended by Acts 2003, 78th Leg., ch. May 24, 2019. (1) may not require the district to provide revenue to the municipality solely for the purpose of obtaining an agreement with the municipality to forgo annexation of the district; and. JUDICIAL REMEDIES: FORCED ANNEXATION OR DISANNEXATION. Sept. 1, 1987. 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. Sept. 1, 1987. (m) A municipality that may annex a district for limited purposes to implement a strategic partnership agreement under this section shall not annex for full purposes any territory within a district created pursuant to a consent agreement with that municipality executed before August 27, 1979. 43.0673. 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. All annexations must be carried out according to State law and the City Code of Ordinances. Without reference to the amendment of this section, this section was repealed by Acts 2019, 86th Leg., R.S., Ch. Sec. (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. (a) If a municipality enacts an ordinance to annex a special district and assumes control and operation of utilities within the district, and the annexation is invalidated by a final judgment of a court after all appeals have been exhausted, the municipality is deemed, by enactment of its annexation ordinance, to have acquired title to utilities owned by a developer within the special district and is obligated to pay the developer all amounts related to the utilities as provided in Section 43.0715. May 25, 2007. The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes: (1) a statement of the municipality's intent to annex the area; (2) a detailed description and map of the area; (3) a description of each service to be provided by the municipality in the area on or after the effective date of the annexation, including, as applicable: (E) operation and maintenance of water and wastewater facilities in the annexed area; (F) operation and maintenance of roads and streets, including road and street lighting; (G) operation and maintenance of parks, playgrounds, and swimming pools; and. 43.130. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 43.061. 12.102, eff. 81, eff. 6 (S.B. 155 (H.B. 5, eff. (A) annexed territory for limited purposes; (B) disannexed territory that previously was annexed for limited purposes; and. Adjacent municipalities may make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width. (b) A municipality may not annex an area to which this section applies unless: (1) the municipality offers to make a development agreement with the landowner under Section 212.172 that would: (A) guarantee the continuation of the extraterritorial status of the area; and, (B) authorize the enforcement of all regulations and planning authority of the municipality that do not interfere with the use of the area for agriculture, wildlife management, or timber; and. However, the municipality does not violate this subsection if the construction process is interrupted for any reason by circumstances beyond the direct control of the municipality. Sept. 1, 1987. There are a couple reasons why they are unlikely to do that: With you no longer paying fees, everybody else's fees will probably go up. 1339, Sec. 6 (S.B. 1, Sec. % (h) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. 6), Sec. (4) submitting to the qualified voters of a designated area of the district the question of whether that designated area should adopt a specific alternate form of local government other than a municipality. 1167, Sec. Added by Acts 1999, 76th Leg., ch. PROHIBITION AGAINST ANNEXATION TO SURROUND MUNICIPALITY IN CERTAIN COUNTIES. Added by Acts 1999, 76th Leg., ch. (e) Signatures collected on the petition must be in writing. Sec. AUTHORITY OF MUNICIPALITY TO ANNEX INDUSTRIAL DISTRICTS. (o) Repealed by Acts 2019, 86th Leg., R.S., Ch. (S.B. Sept. 1, 1999. 1, eff. 43.129. The ballot for the election shall be printed to provide for voting for or against the proposition: "Authorizing the municipality of (name of the home-rule municipality) to annex the unincorporated area of the (name of the district).". When all the revenue bonds, warrants, and other obligations are retired in full, the property and other assets of the district shall be distributed among the municipalities as provided by Subsection (c) or (d). (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. 248, Sec. b. 6), Sec. 24, eff. 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. 43.102. May 24, 2019. PROCEDURES APPLICABLE. On April 21, 2022 Council approved: Case C7a-2022-0003, Texas Children's annexation area (approximately 24.2 acres), located in Travis County near 13217 Old San Antonio Rd. SUBCHAPTER C-4. December 1, 2017. 43.136. (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. 43.145. Notice of public hearings conducted by the governing body of a municipality under this subsection shall be published in a newspaper of general circulation in the municipality and in the district. Land Records Management Program . 1338), Sec. Even if your HOA has a de-annexation clause, the chances of getting out by using it are slim. The ordinance must describe the area by metes and bounds and must be entered in the minutes of the governing body. Acts 2019, 86th Leg., R.S., Ch. The notice must be in the format prescribed by Section 43.123(b). Acts 2017, 85th Leg., 1st C.S., Ch. The abolition of the district does not impair or otherwise affect a contract between the district and a flood control district or other governmental agency for the operation or maintenance of levees or other flood control works, but the municipality assumes the rights and obligations of the district under the contract. 1303), Sec. 36, eff. Sec. 513, Sec. (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. 43.0685. 593 (S.B. (B) in any manner that complies with Subchapter J, Chapter 49, Water Code. The annexation of an area must be completed within 90 days after the date the governing body institutes the annexation proceedings or those proceedings are void. The records, public property, public buildings, money on hand, credit accounts, and other assets of the smaller municipality become the property of the larger municipality and shall be turned over to the officers of that municipality. Sept. 1, 2001. 1, eff. The funds deposited in the depository must be insured by an official agency of the United States and must be at least as well insured and protected as funds deposited in the official municipal depository of the municipality. Sec. State law provides two methods by which cities can annex property that is contiguous with its existing limits: by an annexation referendum. The governing body of a Type A general-law municipality by ordinance may annex area that the municipality owns under the procedures prescribed by Subchapter C-1. So its probably a bug. For an annexation occurring prior to the effective date of the changes in law made by this Act in amending Subsection (b), a delinquent sum begins incurring a penalty on the first day of the eighth month following the month in which the municipality enacted its annexation ordinance. 1217 (S.B. If the annexed area had a level of services for operating and maintaining the infrastructure of the area, including the facilities described by Subsections (b)(5)-(8), superior to the level of services provided within the corporate boundaries of the municipality before annexation, a service plan must provide for the operation and maintenance of the infrastructure of the annexed area at a level of services that is equal or superior to that level of services. (q) Except for Sections 43.130(a) and (b), Subchapter F does not apply to a limited-purpose annexation under a strategic partnership agreement. Sec. PETITION. 1.01(4), eff. (e) A defunding municipality holding an election under Subsection (b) may not use public funds on informational campaigns relating to the election. 1303), Sec. (k) A regional participation agreement and any action taken under the agreement are not subject to any method of approval or appeal under the Water Code. 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