ANNEXATION OF MUNICIPALLY OWNED AIRPORT. (b) The municipality succeeds to the powers, duties, assets, and obligations of the district as provided by this section. Added by Acts 1989, 71st Leg., ch. A notice of the hearings must be published in a newspaper of general circulation in the municipality and in the area proposed for annexation. 1339, Sec. JFIF ` ` C Acts 2017, 85th Leg., 1st C.S., Ch. 55(a), eff. Renumbered from Sec. The bill went into effect when (a) This section applies to a municipality with a population of more than 500,000 that annexes all or part of the area in a levee improvement district organized under the laws of this state. December 1, 2017. 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. 2, eff. On the distribution, the board is abolished. 43.0661. INVALIDATION OF ANNEXATION OF SPECIAL DISTRICT; REIMBURSEMENT OF DEVELOPER. (c) The petition must clearly state that a person signing the petition is consenting to the proposed annexation. The governing body of the smaller municipality shall adopt the ordinance if it receives a petition to do so signed by a number of qualified voters of the municipality equal to at least 10 percent of the number of voters of the municipality who voted in the most recent general election. (c) A municipality's governmental immunity to suit and from liability is waived and abolished to the extent of liability created under this section. In the event the municipality is unable to complete the report prior to the effective date of the annexation as a result of the developer's failure to provide information to the municipality which cannot be obtained from other sources, the municipality shall obtain from the district the estimated costs of each project previously undertaken by a developer which are eligible for reimbursement. 6), Sec. (8) such other lawful terms that the parties consider appropriate. (B) provided that this subsection does not prevent the municipality from providing services within the district if: (i) the provision of services is specified and agreed to in the agreement; (ii) the provision of services is not solely the result of a regulatory plan adopted by the municipality in connection with the limited-purpose annexation of the district; and. (b) Notwithstanding any other law, the governing body of a municipality by ordinance may annex an area without the consent of any of the residents of, voters of, or owners of land in the area under the procedures prescribed by Subchapter C-1. Geographic i. June 9, 2017. 632 (S.B. 4. (e) A defunding municipality holding an election under Subsection (b) may not use public funds on informational campaigns relating to the election. (a) A municipality with a population of 350,000 or less shall provide access to services provided to an annexed area under a service plan described by Section 43.056 that is identical or substantially similar to access to those services in the municipality. 347), Sec. (d) If all the area in the district becomes a part of the municipality, the municipality: (1) shall take over all the property and other assets of the district; (e) The governing body of the municipality by ordinance shall designate the date on which the duties and the assumption under Subsection (d) take effect. (8) Section 43.1055 (Road and Right-of-Way). All annexations must be carried out according to State law and the City Code of Ordinances. (5) cause a reduction in fire and police protection and emergency medical services within the area to be annexed below that of areas within the corporate boundaries of the municipality with similar topography, land use, and population density. (2) is adjacent to the road and right-of-way. 43.079. If the property is owned by the city and vacant, the city council adopts a simple resolution stating their intent to annex the property. (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. 1.01(17), eff. Acts 2019, 86th Leg., R.S., Ch. 11, eff. (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. 6 (S.B. The area ceases to be a part of the municipality on the date of the entry of the order. 1, Sec. 21.001(84), eff. (b) The municipal water board shall select and designate one or more depositories for the proceeds of the maintenance and water charges and other charges levied by the water control and improvement district and for any other income or other funds of the district. Aug. 28, 1989. MAXIMUM AMOUNT OF ANNEXATION EACH YEAR. Added by Acts 1989, 71st Leg., ch. Sec. (a) In this section, "colonia" means a geographic area that consists of 11 or more dwellings that are located in close proximity to each other in an area that may be described as a community or neighborhood and that: (1) has a majority population composed of individuals and families of low income and very low income, as defined by Section 2306.004, Government Code, and based on the federal Office of Management and Budget poverty index, and that meets the qualifications of an economically distressed area under Section 17.921, Water Code; or. 1167, Sec. The municipalities shall apply the net revenue from the operation of the system or property to the payment of outstanding revenue bonds, warrants, or other obligations as if the district had not been abolished. 155 (H.B. However, under the program if the municipality provides any of the following services within the corporate boundaries of the municipality before annexation, the municipality must provide those services in the area proposed for annexation on the effective date of the annexation of the area: (4) solid waste collection, except as provided by Subsection (o); (5) operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; (6) operation and maintenance of roads and streets, including road and street lighting; (7) operation and maintenance of parks, playgrounds, and swimming pools; and. In this subchapter: (1) "Consent agreement" means an agreement between a district and a municipality under Section 42.042. May 24, 2019. The refunding bonds or warrants must be issued in the manner provided by Chapter 1207, Government Code. Sec. 347), Sec. The governing body shall continue to levy a property tax each year on the property in the area at the same rate that is levied on other property in the municipality until the taxes collected from the area equal its pro rata share of the indebtedness. (a) Except as provided by Subsection (a-1), the petition required by Section 43.0681 may be signed only by a registered voter of the area proposed to be annexed. June 15, 2007. %PDF-1.5 An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. (Name of City/County 1) is the fifth largest (City/County) in the state. Election method: This method requires the approval of a majority of voters in the proposed annexation area. CONTINUATION OF LAND USE. 423 (S.B. On finding that the municipality has failed to annex the area as required by Section 43.127(a), the court shall enter an order requiring the municipality to annex the area for full purposes or to disannex the area. 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. 43.0715. View information and documents regarding current or recent annexations. Sec. Transferred, redesignated and amended from Local Government Code, Section 43.026 by Acts 2017, 85th Leg., 1st C.S., Ch. AUTHORITY TO ANNEX MUNICIPAL UTILITY DISTRICT BY HOME-RULE MUNICIPALITY. 43.076. (c) The governing body by ordinance may change a regulatory plan adopted under Subsection (b) if, in the ordinance making the change, the governing body finds and states the reasons for the adoption of the change. In the absence of such a contract, the district may continue to exercise, unaffected by the annexation, the powers, duties, and other functions granted or imposed on the district by law. If a court issues a writ under this subsection, the court: (1) must provide the municipality the option of disannexing the area within a reasonable period specified by the court; (2) may require the municipality to comply with the service plan in question before a reasonable date specified by the court if the municipality does not disannex the area within the period prescribed by the court under Subdivision (1); (3) may require the municipality to refund to the landowners of the annexed area money collected by the municipality from those landowners for services to the area that were not provided; (4) may assess a civil penalty against the municipality, to be paid to the state in an amount as justice may require, for the period in which the municipality is not in compliance with the service plan; (5) may require the parties to participate in mediation; and. AUTHORITY OF MUNICIPALITY TO ANNEX AREA NEAR MILITARY BASE. (d) Annexation of area under this section is exempt from the provisions of this chapter that prohibit: (1) a municipality from annexing area outside its extraterritorial jurisdiction; (2) annexation of area narrower than the minimum width prescribed by Section 43.054; or. So, that's basically the de-annexation process: either a petition must be submitted to the city signed by the requisite number of voters or the city council must pass a resolution calling for an election, followed by a city-wide election in which a super-majority of city voters must approve the de-annexation. 155 (H.B. 2.01, see other Sec. (c) The municipality is not required to provide a service that is not included in the agreement. (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. SUBCHAPTER H. ALTERATION OF ANNEXATION STATUS. This building is needed to mobilize any unit in a city. Added by Acts 1989, 71st Leg., ch. Acts 2007, 80th Leg., R.S., Ch. All outstanding liabilities of the smaller municipality are assumed by the larger municipality. Technological Hazards. Acts 2017, 85th Leg., 1st C.S., Ch. 1217 (S.B. Sec. June 10, 2019. 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. The date must be set for a day within 90 days after the date the area becomes a part of the municipality. AUTHORITY OF MUNICIPALITY TO ANNEX NAVIGABLE STREAM. 18, eff. (a) Notwithstanding any other law and subject to Subsection (b), a municipality may annex all or part of the area located in an industrial district designated by the governing body of the municipality under Section 42.044 under the procedures prescribed by Subchapter C-1. CALHOUN, John C. Served as Secretary of State in the Cabinet of President John Tyler, 1844-1845, and participated in the annexation negotiations. (h) If a majority of the voters voting in an election under Subsection (c)(2) or (4) approve the proposition submitted on the form of local government, the county judge of the county in which the municipality or alternate form of local government is located shall order an election for the governing body of the municipality or alternate form of local government to be held on a date that complies with the provisions of the Election Code, except that Section 41.001(a), Election Code, does not apply. Mesquite has rushed to annex land outside its city limits before Dec. 1, 2017, when a new law would . 21, eff. 1058, Sec. Added by Acts 1995, 74th Leg., ch. Map to North County Annex Texas City Annex 2516 Texas Avenue, Texas City Telephone: (409) 766-2284 Fax (409): 766-2479 Directions from I-45 north of Texas City: I-45 South and exit FM 1765. Amended by Acts 1989, 71st Leg., ch. Sept. 1, 1999. 36, eff. 1, eff. 1167, Sec. PUBLIC HEARINGS. Added by Acts 1989, 71st Leg., ch. 1338), Sec. 199 (H.B. 43.002. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 43.9051. (q) Repealed by Acts 2019, 86th Leg., R.S., Ch. 6 (S.B. May 24, 2019. 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. endobj miles of land with a population of 57,922 residents resulting in a population density of 54.52 people per sq. i. May 24, 2019. December 1, 2017. (a) Land on an island bordering the Gulf of Mexico that is not accessible by a public road or common carrier ferry facility may not be annexed by a municipality without the consent of the owners of the land. (s) Notwithstanding any other law other than Section 43.083, the procedures prescribed by Subchapters C-3, C-4, and C-5 do not apply to the annexation of an area under this section. (c) A regional participation agreement may provide or allow for: (1) the establishment, administration, use, investment, and application of a regional participation fund, which shall be a special fund or escrow account to be used solely for funding the costs and expenses of eligible programs or projects; (2) payments to be made by a party into the regional participation fund for application, currently or in the future, toward eligible programs or projects; (3) the methods and procedures by which eligible programs or projects are prioritized, identified, and selected for implementation and are planned, designed, bid, constructed, administered, inspected, and completed; (4) the methods and procedures for accounting for amounts on deposit in, to the credit of, or expended from the regional participation fund, as well as any related investment income or amounts due and owing to or from any party to the fund; (5) credits against payments otherwise due by any party under the agreement resulting from taxes, charges, fees, assessments, tolls, or other payments in support of or related to the usage or costs of eligible programs or projects that are levied or imposed upon, assessed against, or made applicable to a party or its citizens, ratepayers, taxpayers, or constituents after the effective date of the agreement; (6) any type of annexation of any part of the territory of a district to be deferred by an eligible municipality that is a party for a mutually agreeable period; (7) the release of territory from the extraterritorial jurisdiction of an eligible municipality that is a party at a specified time or upon the occurrence of specified events; (8) the consent of an eligible municipality that is a party to the incorporation of, or the adoption of an alternate form of government by, all or part of the territory of a district at a specified time or upon the occurrence of specified events; (9) remedies for breach of the agreement; (10) the modification, amendment, renewal, extension, or termination of the agreement; (11) other districts, eligible municipalities, or persons to join the agreement as a party at any time; (12) third-party beneficiaries to be specifically designated and conferred rights or remedies under the agreement; (13) the duration of the agreement, including an unlimited term; (14) the creation and administration of a nonprofit corporation, joint powers agency, local government corporation, or other agency for the purpose of administration and management of a regional participation fund, program, or project under the agreement; and. 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