Acts 2017, 85th Leg., 1st C.S., Ch. (c) The funds of the water control and improvement district may be kept in one or more separate accounts in the depository if the funds deposited in each separate account are to be used for a different designated purpose from the funds deposited in any other separate account. (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. June 17, 1995; Acts 1999, 76th Leg., ch. (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. The agreement must specify the date on which the district is abolished. EFFECT OF ANNEXATION ON COLONIAS. 4257), Sec. (3) all the area of the district is annexed. (b) In each of the three years for which an area may be annexed for limited purposes, the municipality must take the steps prescribed by this subsection toward the full-purpose annexation of the area. 3. (2) the owner of the right-of-way does not submit a written objection to the municipality before the date of the proposed annexation. ANNEXATION OF CONTIGUOUS OR CONNECTING RIGHTS-OF-WAY. 28, eff. 1012), Sec. Amended by Acts 1989, 71st Leg., ch. 1217 (S.B. Acts 2019, 86th Leg., R.S., Ch. (3) the district is a conservation and reclamation district of more than 10,000 acres which provides water and sanitary sewer 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. Added by Acts 2017, 85th Leg., R.S., Ch. 1, eff. Not later than the seventh day after the date the governing body of the municipality adopts the resolution under Section 43.0692, the municipality must mail to each property owner in the area proposed to be annexed notification of the proposed annexation that includes: (1) notice of the public hearings required by Section 43.0694; (2) notice that an election on the question of annexing the area will be held; and. Sec. endobj
Transferred, redesignated and amended from Local Government Code, Section 43.021 by Acts 2017, 85th Leg., 1st C.S., Ch. (a) A municipality that proposes to annex any portion of a county road or territory that abuts a county road must also annex the entire width of the county road and the adjacent right-of-way on both sides of the county road. (5) "Regional participation agreement" means a contract or agreement entered into under this section or in anticipation of the enactment of this section and any amendment, modification, supplement, addition, renewal, or extension to or of the contract or agreement or any proceeding relating to the contract or agreement. 6), Sec. Added by Acts 1989, 71st Leg., ch. (j) The temporary governing body under Subsection (i) shall order an election to elect the permanent governing body of the municipality or alternate form of local government to occur on a date that complies with the provisions of the Election Code, except that Section 41.001(a), Election Code, does not apply. Acts 2017, 85th Leg., 1st C.S., Ch. This TAR-supported new law comes out of this year's special legislative session and was one of the many ways Texas REALTORS strongly advocated for pro-property rights legislation on behalf of real estate consumers. Sec. 3(g), eff. 822, Sec. 31, eff. 43.003. 43.0682. 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. (b) The municipality must obtain the consent required by this section through the petition process prescribed by Sections 43.0685(b)-(e), and the petition must be verified in the manner provided by Section 43.0686(a). AUTHORITY OF CERTAIN MUNICIPALITIES TO ANNEX ENCLAVES. 2.05, eff. 149, Sec. Sept. 1, 1999. (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. A road sign outside of Mesquite city limits in Dallas County. (m) 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 in a designated area of the district and if, on the date of the election approving the form of local government, the district owes any debts, by bond or otherwise, the designated area is not released from its pro rata share of the indebtedness. 6), Sec. The area ceases to be a part of the municipality on the date of the order. (c) The district is abolished on the annexation of all of its area by the municipality. If condemnation is used, the municipality shall follow the condemnation procedure applying to the condemnation of land by the municipality for the purchase of streets. Sept. 1, 1987. Sec. (2) Repealed by Acts 2019, 86th Leg., R.S., Ch. If a majority of votes are in favor of dissolution, the date of dissolution shall be December 31 of the same year in which the election is held. AUTHORITY TO ANNEX MUNICIPAL UTILITY DISTRICT BY HOME-RULE MUNICIPALITY. DEFINITIONS. (a) Before instituting proceedings for annexing an area for limited purposes, the governing body of the municipality must hold two public hearings on the proposed annexation. (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. 1900), Sec. The revenue refunding bonds and the general obligation 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. A landowner's written consent to limited-purpose annexation is binding on all future owners of land in the area annexed for limited purposes pursuant to the consent. Amended by Acts 1999, 76th Leg., ch. 2, eff. 6), Sec. 40, eff. 1303), Sec. mile. 2.01, see other Sec. 1, eff. The voters may not vote in any bond election. 6 (S.B. 6 (S.B. 43.0685. (3) is annexed for limited purposes in connection with a strategic partnership agreement under Section 43.0751. 1 0 obj
(2) was in the extraterritorial jurisdiction of the municipality at the time of annexation only because the territory was contiguous to municipal territory that was less than 1,000 feet in width at its narrowest point. 43.902. May 24, 2019. 374), Sec. The City of Huntsville primarily uses the latter method, which requires the following procedure: The property owner presents the Planning . The law still allows for annexation at the request of a property owner. (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. (f) The annexation of area under this section outside the extraterritorial jurisdiction of the annexing municipality does not expand the extraterritorial jurisdiction of the municipality. (1) none of the area is more than eight miles from the municipality's boundaries; and. 155 (H.B. AUTHORITY OF ADJACENT MUNICIPALITIES TO CHANGE BOUNDARIES BY AGREEMENT. Sec. 43.0753. Located in East Texas, Anderson County is the 56th largest of the 254 counties in Texas by land area at 1,062.3 sq. Sec. (h) The municipality may issue 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 in whole or in part from property taxes. For purposes of this subsection, a property owner is the owner as indicated by the appraisal records furnished by the appraisal district for each county in which the area that would be newly included in the municipality's extraterritorial jurisdiction is located. 2.09, eff. September 1, 2013. 347), Sec. (2) if the registered voters of the area do not own more than 50 percent of the land in the area, the municipality obtains consent to annex the area through a petition signed by more than 50 percent of the owners of land in the area. 149, Sec. Unlike other states, Texas does not allow for consolidated city-county governments. (h) On the full-purpose annexation conversion date set forth in the strategic partnership agreement pursuant to Subsection (f)(5), the land included within the boundaries of the district shall be deemed to be within the full-purpose boundary limits of the municipality without the need for further action by the governing body of the municipality. (a) This section applies only to a conservation and reclamation district, including a municipal utility district, that: (1) is located wholly in more than one municipality, but on April 1, 1971, was not wholly in more than one municipality; (2) was created or exists under Section 59, Article XVI, Texas Constitution; (3) provides or has provided a fresh water supply, sanitary sewer services, and drainage services; and. (4) a brief description of each municipal ordinance that would be applicable, as authorized by Section 212.003, in the area that would be newly included in the municipality's extraterritorial jurisdiction. 9 0 obj
(3) a description, list, and schedule of services to be provided by the municipality in the area on or after annexation as provided by Section 43.0692. (l) An agreement or a decision made under this section and an action taken under the agreement by the parties to the agreement are not subject to approval or an appeal brought under the Water Code unless it is an appeal of a utility rate charged by a municipality to customers outside the corporate boundaries of the municipality. Acts 2019, 86th Leg., R.S., Ch. ANNEXATION HEARING REQUIREMENTS. (d) Upon the request of any residents of a district subject to this section the municipality may conduct an election on a uniform election date at which election voters who are residents of the district may vote for or against a ballot proposal to dissolve the district. 43.127. (c) This section does not apply to a defunding municipality annexing all or part of an area under Section 43.0116 that was designated an industrial district under Section 42.044(b) or the subject of an agreement under Section 42.044(c) as of January 1, 2021. Acts 2019, 86th Leg., R.S., Ch. The board of trustees must be composed of not more than five members appointed by the governing bodies of the municipalities. A refunding bond must bear interest at the same rate or at a lower rate than that borne by the refunded obligation unless it is shown mathematically that a different rate results in a savings in the total amount of interest to be paid. 2.15, eff. (a) The governing body of a municipality by ordinance may discontinue an area as a part of the municipality if: (1) the municipality has a population of 4,000 or more and is located in a county with a population of more than 205,000, and the area is composed of at least three contiguous acres that are unimproved and adjoining the municipal boundaries; or. endobj
Sept. 1, 1993; Acts 1995, 74th Leg., ch. Sec. 347), Sec. Sec. (a) In this section: (1) "District" means a conservation and reclamation district that is created or operating under Chapters 49 and 54, Water Code, and that is located entirely within the boundaries of a planned community and entirely within the extraterritorial jurisdiction of a municipality. (c) A municipality carrying over an allocation may not annex in a calendar year a total area greater than 30 percent of the incorporated area of the municipality as of January 1 of that year. Acts 2017, 85th Leg., 1st C.S., Ch. 347), Sec. (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. Sec. 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. (c) An annexation subject to Subsection (b) is exempt from the provisions of this chapter that limit annexation authority to a municipality's extraterritorial jurisdiction if: (1) immediately before the annexation, at least one-half of the area of the water or sewer district is in the municipality or its extraterritorial jurisdiction; and. 155 (H.B. 6 (S.B. This restriction does not apply to the annexation of area in a water or sewer district if the district is wholly or partly in the extraterritorial jurisdiction of more than one municipality. Transferred, redesignated and amended from Local Government Code, Section 43.026 by Acts 2017, 85th Leg., 1st C.S., Ch. Sept. 1, 1999. 43.080. (a) A water control and improvement district, fresh water supply district, or municipal utility district created from area that, at the time of the district's creation, is located wholly in a municipality may be abolished as provided by this section. June 18, 1999. May 24, 2019. Acts 2017, 85th Leg., 1st C.S., Ch. 43.052. An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. 1, Sec. <>
(g) In any election ordered under Subsection (c), the governing body of the district may also submit to the voters voting in the election any other measure the governing body considers necessary and convenient to effectuate the transition to a municipal or alternate form of local government, including a measure on the question of whether, on incorporation as a municipality or establishment of an alternate form of local government, any rights, powers, privileges, duties, purposes, functions, or responsibilities of the district or the district's authority to issue bonds and impose a tax is transferred to the municipality or alternate form of local government. 1. 6 (S.B. 149, Sec. 43.0761. 43.146. 429 (S.B. 43.0673. 43.125. (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. 39, eff. Sec. 1, Sec. 43.0565. 1303), Sec. Acts 2017, 85th Leg., 1st C.S., Ch. May 24, 2019. (b) The municipality by ordinance may extend the boundaries to include an area composed of the navigable stream and the land on each side of the stream. Those taxes may be charged only with the cost of levying and collecting the taxes, and the taxes shall be applied exclusively to the payment of the pro rata share of the indebtedness. (b) The municipality may collect signatures on the petition only during the period beginning on the 31st day after the date the governing body of the municipality adopts the resolution under Section 43.0682 and ending on the 180th day after the date the resolution is adopted. Sec. (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. December 1, 2017. (d) A bond that is approved, registered, and sold as provided by this section is incontestable. 1, eff. Added by Acts 1989, 71st Leg., ch. 13, eff. September 1, 2011. Indiana, Kansas, and North Carolina all permit cities to annex other non-contiguous property but only within a certain distance of the city limits and only with the owners' consent. (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. (c) If the area withdraws from a municipality as provided by this section and if, at the time of the withdrawal, the municipality owes any debts, by bond or otherwise, the area is not released from its pro rata share of that indebtedness. May 24, 2019. The Woodlands was built as an unincorporated master-planned community within Montgomery County and the extra-territorial jurisdiction of the City of Houston. 43.145. (e) The deadline imposed by Subsection (d)(2) does not apply to an area that: (1) is owned by the United States, this state, or a political subdivision of this state; (2) is located outside the boundaries of a water control and improvement district or a municipal utility district; and. (B) contains fewer than one occupied residence or business structure for every two acres and fewer than three occupied residences or business structures on any one acre. 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. The municipality that provides the service in the unincorporated area may charge its usual and customary fees and assessments to the customers in that area. They can only puppet any city which they gain, through conquest, trade, or by using a merchant of Venice to purchase a city state. 1.01, eff. 43.0117. 76, Sec. 4. The acquisition or construction of the facilities shall be accomplished by purchase, lease, or other contract or by the municipality succeeding to the powers, duties, assets, and obligations of a conservation and reclamation district as authorized or required by law. May 24, 2019. A home-rule municipality may disannex an area in the municipality according to rules as may be provided by the charter of the municipality and not inconsistent with the procedural rules prescribed by this chapter. 1, eff. Amended by Acts 1989, 71st Leg., ch. Sec. (b) If, before its abolition, the district voted to issue bonds to provide waterworks, sanitary sewer facilities, or drainage facilities and if some or all of the bonds were not issued, sold, and delivered before the abolition, the governing body of the municipality may issue and sell municipal bonds in an amount not to exceed the amount of the unissued district bonds to carry out the purposes for which the district bonds were voted. %
(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. 4, eff. 6), Sec. TITLE 2. (3) "Party" means a district, eligible municipality, or person that is a party to a regional participation agreement approved and entered into under this section. (h) Notwithstanding any other law, including a municipal ordinance or charter provision, the governing body by ordinance may change the status of an area previously annexed for general purposes to limited purpose annexation status governed by this section if: (1) the area previously annexed at any time was eligible to be included within the municipal boundaries under Subsection (b); (2) the owners of the area petition the governing body for the change in status; and. (b) A resident of an area annexed for limited purposes is not eligible to be a candidate for or to be elected to a municipal office. December 1, 2017. Acts 2019, 86th Leg., R.S., Ch. How does land annexation begin? 43.065. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. The term does not include a district or authority the primary function of which is the wholesale distribution of water. Sec. Sec. City Action Center Do It Online Other City Services Pay Water Bill Easy and convenient ways to pay your water bill. (a) This section applies only to an area: (1) eligible to be the subject of a development agreement under Subchapter G, Chapter 212; and. 1, see other Sec. 3(k), eff. (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. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>>
1312), Sec. 1.01(12), eff. View information and documents regarding current or recent annexations. 43.0684. Sept. 1, 1999; Acts 2003, 78th Leg., ch. (m) Notwithstanding any defect, ambiguity, discrepancy, invalidity, or unenforceability of a regional participation agreement that has been voluntarily entered into and fully executed by the parties, or any contrary law, common law doctrine, or municipal charter provision, and for the duration of any annexation deferral period established in the agreement during which a district continues to perform its obligations under the agreement: (1) Section 42.023 and any other law or municipal charter provision relating to the reduction of the extraterritorial jurisdiction of an eligible municipality that is a party do not apply, and Sections 42.041(b)-(e) do not apply to any land or owner of land within a district that is a party; (2) the governing body of an eligible municipality that is a party may not initiate or continue an annexation proceeding relating to that area but may include the area covered by the agreement in a municipal annexation plan; and. (8) such other lawful terms that the parties consider appropriate. 1, eff. zqC;P$/J+,H={_:q9_)U$-c(b*Yw"f]60U{bJZhI{hdiV?MI`7 c"9PlmVSr8:}802O~Z${r.[ Mesquite has identified 11 tracts for annexation reaching well into Kaufman County, as much as 17 miles from the first-ring suburb's downtown. Annex City Build Time 18 hours Build Cost 4250 3750 1250 1500 2500 1750 10000 Unlocks Every unit Categories All outstanding liabilities of the smaller municipality are assumed by the larger municipality. 5, eff. Acts 2019, 86th Leg., R.S., Ch. 536), Sec. Acts 2019, 86th Leg., R.S., Ch. (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. (b) If at the election held under this subchapter a majority of qualified voters do not approve the proposed annexation, or if the municipality is required to petition owners of land in the area under Section 43.0695 and does not obtain the required number of signatures, the municipality may not annex the area and may not adopt another resolution under Section 43.0692 to annex the area until the first anniversary of the date of the adoption of the resolution. Sec. The municipality shall pay for the costs of holding the election. 6 (S.B. 44, eff. Revenue refunding bonds or general obligation refunding bonds must be issued in the manner provided by Chapter 1207, Government Code. (a) This section applies only to each municipality that under any other law, including Section 43.075, abolishes a conservation and reclamation district created under Article XVI, Section 59, of the Texas Constitution, including a water control and improvement district, fresh water supply district, or municipal utility district. June 18, 2003. Delivering on 2018 & 2022 bond programs. (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. (2) appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Tax Code, or as timber land under Subchapter E of that chapter. Notwithstanding Subchapter C-4 or C-5, a municipality may annex an area if each owner of land in the area requests the annexation. (2) establish and maintain wharves, docks, railway terminals, side tracks, warehouses, or other facilities or aids relating to navigation or wharves. (3) the area, excluding road or highway right-of-way, is less than 600 acres. September 1, 2021. (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. Garbage & Recycling View pick up schedules, guidelines and report a missed pickup. Acts 2015, 84th Leg., R.S., Ch. Acts 2019, 86th Leg., R.S., Ch. 218, Sec. (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. 5, eff. 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Online other City services pay water Bill Easy and convenient ways to pay your Bill...: the property owner presents the Planning holding the election City services pay water Bill,! Municipalities to CHANGE boundaries by agreement an amended service plan must provide for services that are to. Community within Montgomery County and the extra-territorial jurisdiction of the City of Huntsville primarily uses latter... Than five members appointed by the governing bodies of the proposed annexation trustees! Composed of not more than eight miles from the municipality within Montgomery County and the extra-territorial jurisdiction of municipality! More than five members appointed by the municipality shall pay for the costs of the... In East Texas, Anderson County is the 56th largest of the order parties... Of ADJACENT MUNICIPALITIES to CHANGE boundaries by agreement 86th Leg., R.S.,..