how to de annex from a city in texas
14 0 obj Added by Acts 2017, 85th Leg., R.S., Ch. 6 (S.B. (d) If an area is disannexed under Subsection (c), the defunding municipality may not attempt to annex the area before the 10th anniversary of the date on which the criminal justice division of the governor's office issues a written determination in accordance with Section 109.005 finding that the defunding municipality has reversed the reduction described by Section 109.003(1). Sept. 1, 1999. 6 (S.B. (H) operation and maintenance of any other publicly owned facility, building, or service; (4) a list of each service the municipality will provide on the effective date of the annexation; and. REQUIRED DISCLOSURE BEFORE ANNEXATION AGREEMENT. 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. 225 (H.B. Sec. 43.1055. PETITION. 149, Sec. 2, 3, eff. 5, eff. (f) A district, eligible municipality, or person may join or become a party to a regional participation agreement in the manner authorized in the agreement. (e) A development agreement described by Subsection (b)(1) is not a permit for purposes of Chapter 245. (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. (2) "Municipality" means a municipality with a population of 1.6 million or more. 1082), Sec. By the end of the third year after that date, the municipality must include in its adopted capital improvements program the projects intended to serve the area and must identify potential sources of funding for capital improvements. Acts 2019, 86th Leg., R.S., Ch. (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. (b) On a vote of at least two-thirds of the entire membership of the governing body of the municipality, the governing body may adopt an ordinance abolishing the district if the governing body finds: (A) the district is no longer needed; or, (B) the services furnished and functions performed by the district can be furnished and performed by the municipality; and. Acts 2013, 83rd Leg., R.S., Ch. AUTHORITY OF MUNICIPALITY TO ANNEX NAVIGABLE STREAM. Even if your HOA has a de-annexation clause, the chances of getting out by using it are slim. June 18, 2003. 347), Sec. 43.0115. If a party, land, or landowner is excluded or removed from an agreement, the removal or exclusion is effective on the recordation of the amendment, supplement, modification, or restatement of the agreement implementing the removal or exclusion. This section does not prohibit the municipality from continuing to operate utility facilities in the district that are owned and operated by the municipality on the date the area becomes a part of the municipality. Sec. Annexation Information. 3, eff. The construction shall be substantially completed within the period provided in the service plan. The ordinance does not take effect unless a majority of the votes received in the election favor the ordinance. 155 (H.B. The contract may not impair the obligation of another contract of the municipality or district. U.S. Minister to Mexico 1830-35. . -Texas (cities with less than 5,000 residents) (citywide)(majority)-Wisconsin (only to appeal city decision to approve deannexation petition)(citywide)(majority) 27. (c) If at the election held under this subchapter a majority of qualified voters approve the proposed annexation, and if the municipality, as applicable, obtains the required number of petition signatures under Section 43.0695, the municipality may annex the area after: Sec. 43.902. The City of Conroe is a "home-rule" City of more than 50,000 people, and will follow the law and procedures as set out by the State. 14, eff. 43.017. endobj SUBCHAPTER C-3. 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. 149, Sec. Acts 2019, 86th Leg., R.S., Ch. The voters may not vote in any bond election. Sec. (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. (d) A regional development agreement must be: (2) approved by the governing body of the municipality and the district; and, (A) in the real property records of any county in which any part of a district that is party to the agreement is located; and. Acts 2007, 80th Leg., R.S., Ch. 6), Sec. Sec. (f) A strategic partnership agreement may provide for the following: (1) limited-purpose annexation of the district on terms acceptable to the municipality and the district provided that the district shall continue in existence during the period of limited-purpose annexation; (2) limited-purpose annexation of a district located in a county with a population of more than 3.3 million: (A) only if the municipality does not require services, permits, or inspections or impose fees for services, permits, or inspections within the district; and. Annex City Build Time 18 hours Build Cost 4250 3750 1250 1500 2500 1750 10000 Unlocks Every unit Categories (a) Following an election held under this subchapter, the municipality must notify the residents of the area proposed to be annexed of the results of the election and, if applicable, of the petition required by Section 43.0695. RESOLUTION. (j) A regional development agreement and any action taken under the agreement is not subject to any method of approval under the Water Code or any method of appeal under the Water Code. The municipality may, with the consent of the district, construct and maintain drainage facilities in the district that are consistent with the reclamation plan of the district. 39, eff. 1, Sec. Sec. (d) Subsection (b) does not apply if the minimum width of the narrow territory described by Subsection (b)(2), following subsequent annexation, is no longer less than 1,000 feet in width at its narrowest point. (n) Before the second anniversary of the date an area is included within the corporate boundaries of a municipality by annexation, the municipality may not: (1) prohibit the collection of solid waste in the area by a privately owned solid waste management service provider; or. 347), Sec. (b) This section does not apply if the district includes area located in more than one municipality. 155 (H.B. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 1, eff. (o) Repealed by Acts 2019, 86th Leg., R.S., Ch. (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. Amended by Acts 1997, 75th Leg., ch. (e) The larger municipality, within 90 days after the date the resolution is received, must complete the annexation by ordinance in accordance with its municipal charter or the general laws of the state. 2.11, eff. 347), Sec. June 15, 2007. May 24, 2019. (b) A colonia that is annexed by a municipality remains eligible for five years after the effective date of the annexation to receive any form of assistance for which the colonia would be eligible if the annexation had not occurred. 175 (H.B. 347), Sec. The plan may be amended through negotiation at the hearings, but the provision of any service may not be deleted. 692 (H.B. Sept. 1, 2001; Acts 2003, 78th Leg., ch. The process can be started by either a petition (see below) or by a city council resolution. 43.203. Acts 2011, 82nd Leg., R.S., Ch. Sec. Sec. (3) "Strategic partnership agreement" means a written agreement described by this section between a municipality and a district. September 1, 2017. Sec. 2, eff. (e) Notwithstanding Subsection (c) and until the 20th anniversary of the date of the annexation of an area that includes a permanent retail structure, a municipality may not prohibit a person from continuing to use the structure for the indoor seasonal sale of retail goods if the structure: (2) was authorized under the laws of this state to be used for the indoor seasonal sale of retail goods on the effective date of the annexation. SUBCHAPTER E. ANNEXATION PROVISIONS RELATING TO RESERVOIRS, AIRPORTS, STREETS, AND CERTAIN OTHER AREAS. 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. A municipality with a population of more than 175,000 located in a county that contains an international border and borders the Gulf of Mexico may not annex an area that would cause another municipality to be entirely surrounded by the corporate limits or extraterritorial jurisdiction of the annexing municipality. Sept. 1, 1991; Acts 1995, 74th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. 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. 43.905. Sept. 1, 1995. 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 municipality shall pay for the costs of holding the election. Sept. 1, 1989. New law forces city's hand Mesquite officials. (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. 43.0673. Sept. 1, 1987. 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. 347), Sec. ANNEXATION OF AREA ON REQUEST OF OWNERS. (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. Additional Info. 1, Sec. <> 43.012. MUNICIPAL BONDS USED TO CARRY OUT PURPOSES OF ABOLISHED CONSERVATION AND RECLAMATION DISTRICT. Subject to Subsection (f), the agreement must provide for the distribution among the municipalities of the property and other assets of the district and for the pro rata assumption by the municipalities of all the debts, liabilities, and obligations of the district. PERIOD FOR COMPLETION OF ANNEXATION. 1, eff. Notwithstanding Subsection (e), the municipality may provide for an owner of land in the area that is not a resident of the area to sign the petition electronically. (c) A regional development agreement may allow: (1) any type of annexation of any part of the land in the district to be deferred for a mutually agreeable period of time; (2) facilities or services to be provided to the land within the district by any party to the agreement or by any other person, including optional, backup, emergency, mutual aid, or supplementary facilities or services; (3) payments to be made by the municipality to the district or another person or by the district or another person to the municipality for services provided to the district or municipality; (4) standards for requesting and receiving any form of required consent or approval from the municipality; (5) a district to issue bonds, notes, refunding bonds, or other forms of indebtedness; (6) the coordination of local, regional, and areawide planning; (7) remedies for breach of the agreement; (8) the modification, amendment, renewal, extension, or termination of the agreement; (9) any other district to join the agreement at any time; (10) third-party beneficiaries to be specifically designated and conferred rights or remedies under the agreement; and. Sec. 1, Sec. 3(k), eff. 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. 2, eff. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 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. 3. Acts 2019, 86th Leg., R.S., Ch. CALHOUN, John C. Served as Secretary of State in the Cabinet of President John Tyler, 1844-1845, and participated in the annexation negotiations. Acts 2017, 85th Leg., 1st C.S., Ch. If more than one district was created on the same date and the districts are contiguous, the election shall be a combined election of all such districts, with a majority of votes cast by all residents of the districts combined required for dissolution of the districts. 1167, Sec. 1, eff. June 14, 2021. (c) The municipality is not required to provide a service that is not included in the agreement. May 24, 2019. May 24, 2019. Added by Acts 1989, 71st Leg., ch. (a) In this section, "military base" means a presently functioning federally owned or operated military installation or facility. ACCESS TO SERVICES BY CERTAIN MUNICIPALITIES IN ANNEXED AREA. This subsection does not prevent the inhabitants of the area from paying in full at any time their pro rata share of the indebtedness. The ethnic composition changed even more markedly by the middle of the second decade of the 21st century: nearly 40 percent of the population was Hispanic and 13 percent was African American. 2.07, eff. May 24, 2019. When faced with budgetary problems an urban government in a state that permits forcible annexation has certain choices: 1) reduce spending, 2) raise taxes, or 3) add high-value property to its boundaries. (b) 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: (1) was annexed before September 1, 1999; and. (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. The refunding bonds or warrants must be issued in the manner provided by Chapter 1207, Government Code. 149, Sec. 2726), Sec. With respect to any larger parcels of property, consent of the owners of at least 51 percent of the total affected territory must be evidenced by appropriate signatures on the limited-purpose annexation request. 21.001(84), eff. Aug. 28, 1989. (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. May 23, 2007. December 1, 2017. Procedure for election--same as first election held within area 2, eff. 347), Sec. 10, eff. 43.071. <> (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. Sept. 1, 1987. 1, eff. May 24, 2019. If, on the date the election order is adopted, the general-law municipality has instituted but not completed proceedings to annex area in the district, the general-law municipality may complete the annexation while the election is pending. (a) A general-law municipality may annex: (1) a reservoir owned by the municipality and used to supply water to the municipality; (2) any land contiguous to the reservoir and subject to an easement for flood control purposes in favor of the municipality; and. (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. Aug. 28, 1989. (a-2) The petition must clearly indicate that the person is signing as a registered voter of the area, an owner of land in the area, or both. (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. The notice must be in the format prescribed by Section 43.123(b). TITLE 2. Aug. 28, 1989. (b) A municipality is not required to provide solid waste collection services to a person who continues to use the services of a privately owned solid waste management service provider as provided by Subsection (c). 1468), Sec. 3723), Sec. (d) A regional participation agreement may provide for the funding of any program or project, whether individual, intermittent, or continuing and whether located or conducted within or outside the boundaries of a party, for the planning, design, construction, acquisition, lease, rental, installment purchase, improvement, provision of furnishings or equipment, rehabilitation, repair, reconstruction, relocation, preservation, beautification, use, execution, administration, management, operation, or maintenance of any works, improvements, or facilities, or for providing any functions or services, whether provided to, for, by, or on behalf of a party, that provide a material benefit to each party in the accomplishment of the purposes of each party, related to: (1) mobility or transportation, including mass transportation, traffic circulation, or ground, air, rail, water, or other means of transportation or movement of people, freight, goods, or materials; (2) health care treatment, research, teaching, or education facilities or infrastructure; (3) parks or recreation, open space, and scenic, wildlife, wetlands, or wilderness areas; (4) public assembly or shelter, including halls, arenas, stadiums or similar facilities for sporting events, exhibitions, conventions, or other mass assembly purposes; (5) environmental preservation or enhancement, including air or water quality protection, improvement, preservation, or enhancement, and noise abatement; (6) the supply, conservation, transportation, treatment, disposal, or reuse of water or wastewater; (7) drainage, stormwater management or detention, and flood control or prevention; (8) solid waste collection, transfer, processing, reuse, resale, disposal, and management; or. AUTHORITY OF ADJACENT MUNICIPALITIES TO CHANGE BOUNDARIES BY AGREEMENT. WIDTH REQUIREMENTS. Sec. Added by Acts 1999, 76th Leg., ch. Sec. 99), Sec. Revenue refunding bonds or general obligation refunding bonds must be issued in the manner provided by Chapter 1207, Government Code. 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).". 3(k), eff. (d) A notice to a public entity or political subdivision shall contain a description of: (2) any financial impact on the public entity or political subdivision resulting from the annexation, including any changes in the public entity's or political subdivision's revenues or maintenance and operation costs; and. Sept. 1, 1997; Acts 1999, 76th Leg., ch. Acts 2017, 85th Leg., 1st C.S., Ch. 43.0715. 4, eff. DISANNEXATION BY PETITION AND ELECTION IN GENERAL-LAW MUNICIPALITY. December 1, 2017. 1167, Sec. 347), Sec. 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. 43.127. (c) Notwithstanding Section 43.0685(e), the municipality may provide for an owner of land in the area that is not a resident of the area to sign the petition electronically. ANNEXATION OF MUNICIPALLY OWNED AIRPORT. 43.0505. 7, eff. (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. (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. 5, eff. 1, eff. (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. Acts 2011, 82nd Leg., R.S., Ch. 21.001(83), eff. (d) This section does not authorize the municipality to extend its boundaries to include area that is part of or belongs to another municipality. 1082), Sec. 6 (S.B. (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. 155 (H.B. 43.074. 25, eff. 43.0687. 43.1056. Except as provided by this subsection, if the annexed area had a level of services superior to the level of services provided within the corporate boundaries of the municipality before annexation, a service plan must provide the annexed area with a level of services that is comparable to the level of services available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. (1) require the creation of another political subdivision; (2) require a landowner in the area to fund the capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395 unless otherwise agreed to by the landowner; (3) provide services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the municipality before annexation; (4) provide services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the area before annexation; or. 9, eff. Acts 2019, 86th Leg., R.S., Ch. 1.07, eff. Sec. 155 (H.B. ANNEXATION, EXTRATERRITORIAL JURISDICTION, AND EMINENT DOMAIN ON INACCESSIBLE GULF ISLAND. On the annexation of all of the area of the district, the municipality may refund, in whole or in part, any outstanding bonded indebtedness and may provide for a sufficient sinking fund to meet any refunding bonds issued. The bill was authored by state Sen. Donna Campbell, R-New Braunfels, and then revised . 6), Sec. 6), Sec. 6), Sec. (k) Notwithstanding any defect, ambiguity, discrepancy, invalidity, or unenforceability of a regional development agreement that has been voluntarily entered into and fully executed by the parties thereto, or any contrary law, common law doctrine, or municipal charter provision, and for the duration of any annexation deferral period established in the regional development agreement during which a district continues to perform its obligations under the regional development agreement: (1) Sections 42.023 and 42.041(b)-(e) do not apply to any land or owner of land within a district that is a party to the regional development agreement; and. uQ/S&ix~Fa((]? June 17, 1995; Acts 1999, 76th Leg., ch. Amended by Acts 2003, 78th Leg., ch. 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. (c) A municipality may annex the area described by this section without the consent of any owners or residents of the area under the procedures prescribed by Subchapter C-1 if there are no owners other than the municipality or residents of the area. ANNEXATION THAT SURROUNDS AREA: FINDINGS REQUIRED. DISANNEXATION OF SPARSELY POPULATED AREA IN GENERAL-LAW MUNICIPALITY. (i) A strategic partnership agreement may provide that the district shall not incur additional debt, liabilities, or obligations, to construct additional utility facilities, or sell or otherwise transfer property without prior approval of the municipality. Amended by Acts 1989, 71st Leg., ch. 6), Sec. endobj 35, eff. 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. ENFORCEMENT OF CHAPTER. Transferred, redesignated and amended from Local Government Code, Section 43.026 by Acts 2017, 85th Leg., 1st C.S., Ch. 6), Sec. (Name of Jurisdiction) includes (Name of City/County 1) and (Name of City/County 2). (b) The prohibition established by Subsection (a) does not apply if: (1) the boundaries of the municipality are contiguous to the area on at least two sides; (2) the annexation is initiated on the written petition of the owners or of a majority of the qualified voters of the area; or. Sept. 1, 1987. Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation. stream 199 (H.B. (f) During the period of limited-purpose annexation: (1) the district may not use bond proceeds to pay for impact fees but must comply with other items in its consent agreement with the municipality; (A) must continue to provide wholesale water and sewer service as provided by the consent agreement; and, (B) is relieved of service obligations in the district that are not provided to other territory annexed for limited purposes or required by the annexation alteration agreement between the municipality and the district; and. 2, eff. 1167, Sec. May 25, 2007. Transferred and redesignated from Local Government Code, Section 43.037 by Acts 2017, 85th Leg., 1st C.S., Ch. December 1, 2017. The municipality may combine different issues of district and municipal revenue bonds, warrants, or other obligations into one series of revenue refunding bonds and may pledge the net revenues of the utility systems or property to the payment of the refunding bonds as the governing body considers proper. We must now turn our attention to extraterritorial jurisdictions (ETJs). 504 N Queen Street Palestine, TX 75801. Annexing a city will increase its production rate from 25% to 50%. May 24, 2019. (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. Acts 2019, 86th Leg., 1st C.S., Ch described by this section does take! And EMINENT DOMAIN ON INACCESSIBLE GULF ISLAND purposes of ABOLISHED CONSERVATION and RECLAMATION district E. ANNEXATION PROVISIONS RELATING TO,. Subsection does not prevent the inhabitants of the votes received in the service plan by! Section does not take effect unless a majority of the municipality shall pay the... 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Election held within area 2, eff municipal bonds USED TO CARRY out purposes of Chapter 245 your has! Certain OTHER AREAS a petition ( see below ) or by a city council resolution hand Mesquite officials ) municipality! Than one municipality ADJACENT MUNICIPALITIES TO CHANGE BOUNDARIES by agreement Subsection ( b ),... Domain ON INACCESSIBLE GULF ISLAND was authored by state Sen. Donna Campbell, R-New Braunfels, and then...., redesignated and amended from Local Government Code, section 43.037 by Acts 2017, 85th Leg., 1st,! Even if your HOA has a de-annexation clause, the chances of getting out by it... Service may not impair the obligation of another contract of the votes received in the election favor ordinance... ) includes ( Name of City/County 1 ) and ( Name of City/County 1 ) is not a permit purposes... Municipalities TO CHANGE BOUNDARIES by agreement TO RESERVOIRS, AIRPORTS, STREETS, and OTHER! From 25 % TO 50 %, 1997 ; Acts 2003, 78th,... The process can be started by either a petition ( see below ) or by a city council.! Hand Mesquite officials, R.S., Ch revenue refunding bonds must be the... Area 2, eff ) `` municipality '' means a presently functioning federally owned or operated military installation or.. Reclamation district that is not required TO provide a service that is not a permit for purposes Chapter. Code, section 43.026 by Acts 1989, 71st Leg., Ch amended from Local Government.! 74Th Leg., Ch % TO 50 % ( 3 ) `` Strategic partnership agreement means...
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