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. Any period during which the municipality is restrained or enjoined by a court from annexing the area is not included in computing the 90-day period. (6) may require the municipality to pay the person's costs and reasonable attorney's fees in bringing the action for the writ. (a) The mayor and governing body of a general-law municipality by ordinance may discontinue an area as a part of the municipality if: (1) the area consists of at least 10 acres contiguous to the municipality; and. EFFECT OF ANNEXATION ON PUBLIC ENTITIES OR POLITICAL SUBDIVISIONS. June 15, 2007. 14, eff. (b) A municipality that proposes to annex an area located in an industrial district subject to a contract described by Section 42.044(c) may initiate the annexation only: (1) on or after the date the contract expires, including any period renewing or extending the contract; or. 347), Sec. 43.0691. May 24, 2019. May 24, 2019. (c) The governing body may acquire land in the added area by purchase, condemnation, or gift. If a party or landowner is excluded or removed from an agreement, the removal or exclusion is effective on the recordation requirement of Subsection (d)(3). 43.905. (C) use of the municipal sales taxes collected by the municipality for facilities or services in the district. The municipality shall provide the services by any of the methods by which it extends the services to any other area of the municipality. 225 (H.B. 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. May 24, 2019. 43.0688. 1, eff. Added by Acts 1995, 74th Leg., ch. (g) This section does not allow a change in annexation status for land or facilities in a district to which the municipality granted a property tax abatement before September 1, 1995. The municipality shall perform the services and other functions that were performed by the district. December 1, 2017. (c) At the time notice of the municipality's intent to annex the land within the district is first given in accordance with Section 43.0683 or 43.0693, as applicable, the municipality shall proceed to initiate and complete a report for each developer conducted in accordance with the format approved by the Texas Commission on Environmental Quality for audits. (b) For purposes of this section, a completed application is filed if the application includes all documents and other information designated as required by the governmental entity in a written notice to the applicant. The municipality may pledge the net revenues of the district utility system or property to the payment of those bonds, warrants, or other obligations. 1949), Sec. May 24, 2019. Sec. Acts 1987, 70th Leg., ch. 43.0117. The municipality may allocate overhead expenses between any two or more systems in direct proportion to the gross income of each system. (f) If the abolished district has outstanding bonds, warrants, or other obligations payable in whole or in part from the net revenue from the operation of the district utility system or property, the affected municipalities shall take over and operate the system or property through a board of trustees as provided by this section. Added by Acts 1999, 76th Leg., ch. (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. 1058, Sec. 43.065. September 1, 2019. 787, Sec. Notwithstanding Subchapter C-4 or C-5, a municipality may annex an area if each owner of land in the area requests the annexation. (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. Acts 2017, 85th Leg., 1st C.S., Ch. 5, eff. (b) On adoption of the ordinance, the mayor shall enter in the minutes or records of the governing body an order discontinuing the area. 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. The term does not include a groundwater conservation district operating under Chapter 36, Water Code, or a special utility district operating under Chapter 65, Water Code. CALHOUN, John C. Served as Secretary of State in the Cabinet of President John Tyler, 1844-1845, and participated in the annexation negotiations. May 24, 2019. 43.063. Election method: This method requires the approval of a majority of voters in the proposed annexation area. 155 (H.B. PROVISION OF CERTAIN SERVICES TO ANNEXED AREA. (3) the area abuts or is contiguous to another jurisdictional boundary. 6 (S.B. 4257), Sec. by petition of the owners of all the land proposed for annexation. (d) The petition must include a map of and describe the area proposed to be annexed. If the municipality proposes a schedule to extend the period for providing certain services, the schedule must provide for the provision of full municipal services no later than 4-1/2 years after the effective date of the annexation. 3, eff. 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. 347), Sec. 1167, Sec. (c) If an agreement is not reached within 90 days after the date the municipality receives a petition submitted by a district: (1) the district's status is automatically altered from full-purpose annexation to limited-purpose annexation for a period of not less than 10 years, beginning January 1 of the year following the date of the submission of a petition, unless the voters of the district have approved the dissolution of the district through an election authorized by this section; and, (2) on the expiration of the 10-year period of Subdivision (1), notwithstanding any other provision of law, the district may be restored to full-purpose annexation at the option of the municipality, provided that the municipality assumes all obligations otherwise assigned by law to a municipality that annexes a district; and. (b) A municipality may not annex area in a water or sewer district unless it annexes the entire part of the district that is outside the municipality's boundaries. Sec. 43.908. 597, Sec. ORGANIZATION OF MUNICIPAL GOVERNMENT, SUBTITLE C. MUNICIPAL BOUNDARIES AND ANNEXATION. Under the new rules, all Texas cities must annex under what was previously known as the Tier 2 procedures (although the Tier 2 moniker will no longer be used). 6), Sec. 4.011, eff. 664, Sec. SUBCHAPTER C. LIMITATIONS AND REQUIREMENTS REGARDING ANNEXATIONS EXEMPTED FROM CONSENT ANNEXATION PROCEDURES. If a writ of mandamus is applied for, the municipality has the burden of proving that the services have been provided in accordance with the service plan in question. 43.123. In the event a municipality timely escrows all estimated reimbursable amounts as required by this subsection and all such amounts, determined to be owed, including interest, are subsequently disbursed to the developer within five days of final determination in immediately available funds as required by this section, no penalties or interest shall accrue during the pendency of the escrow. By the end of the second year after that date, the municipality must include the area in the municipality's long-range financial forecast and in the municipality's program to identify future capital improvements projects. September 1, 2021. (B) under which the municipality contemplates annexing 400 or more water or wastewater connections that are not located in the district. (3) Repealed by Acts 2019, 86th Leg., R.S., Ch. Located in East Texas, Anderson County is the 56th largest of the 254 counties in Texas by land area at 1,062.3 sq. 43.9051. 43, eff. 6 (S.B. 1015), Sec. Phone: 903-731-8400 City Hall Office Hours Monday through Thursday 8 am to 5 pm Friday 9 am to 5 pm The voters may not vote in any bond election. 6 (S.B. 149, Sec. In case of any conflict or ambiguity between this section and any other law or municipal charter provision, this section shall prevail and control. 43.1055. 1076 (S.B. Sec. PROVISION OF WATER AND SANITARY SEWER UTILITY SERVICE. (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. 6 (S.B. However, the area may not be discontinued as part of the municipality if the discontinuation would result in the municipality having less area than one square mile or one mile in diameter around the center of the original municipal boundaries. STRATEGIC PARTNERSHIPS FOR CONTINUATION OF CERTAIN DISTRICTS. (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. 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. Sec. 28, eff. Acts 2019, 86th Leg., R.S., Ch. Sec. Sept. 1, 1991. (g) The municipality may designate all or part of the added area as an industrial district, as the term is customarily used, and may treat the designated area in a manner considered by the governing body to be in the best interest of the municipality. If applicable, the notice for each hearing must include: (1) a statement that the completed annexation of the area will expand the municipality's extraterritorial jurisdiction; (2) a description of the area that would be newly included in the municipality's extraterritorial jurisdiction; (f) In addition to the notice required by Subsection (c), the municipality must give notice by certified mail to: (1) each public entity, as defined by Section 43.053, and utility service provider that provides services in the area proposed for annexation; and. 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. Sec. Sept. 1, 1999. Annexing a city will increase its production rate from 25% to 50%. (3) the entire water or sewer district would be contained in the annexing municipality after completion of the annexation. The refunding bonds must be issued in the manner provided by Chapter 1207, Government Code. stream (c) A court may award court costs and reasonable and necessary attorney's fees to the prevailing party in an action under this chapter. Sept. 1, 1999. DISANNEXATION ACCORDING TO MUNICIPAL CHARTER IN HOME-RULE MUNICIPALITY. Notwithstanding any provision of any other law related to the annexation or disannexation of territory, including but not limited to the requirement that the minimum width of any territory annexed be at least 1,000 feet in width, a municipality that has exercised limited purpose annexation may disannex any land located within a municipal utility district. 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. 6), 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. Acts 2017, 85th Leg., 1st C.S., Ch. The district court shall enter an order disannexing the area if the court finds that a valid petition was filed with the municipality and that the municipality failed to: (1) perform its obligations in accordance with: (A) the service plan under Section 43.056; (B) the written agreement entered into under Section 43.0672; or, (C) the resolution adopted under Section 43.0682 or 43.0692, as applicable; or. An election for members of the governing body of an alternate form of government must be held under the law applicable to that form of government, to the extent consistent with this section. The population of Texas increased fourfold between 1900 and 1980, when one-third of all Texans were either African American or Hispanic. miles of land with a population of 57,922 residents resulting in a population density of 54.52 people per sq. 43.142. 6), Sec. Sec. 6), Sec. Acts 2007, 80th Leg., R.S., Ch. 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. 2, eff. 6 from 2017 had already done that for cities in the largest counties.) Phone: 281-341-3710 832-471-1809: Address: 307 Texas Parkway, Ste 113, Missouri City, Texas 77489-1151 Office Hours: Monday - Friday 8:00 AM - 4:00PM . Learn More. 155 (H.B. 43.146. Pearland is one of several Texas cities that appeared to quickly annex areas in their extraterritorial jurisdiction, or ETJ, right before a new law established by Senate Bill 6 took effect. 597, Sec. 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. (B) in any manner that complies with Subchapter J, Chapter 49, Water Code. 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. Sept. 1, 1995. <>>> 347), Sec. (c) A municipality that holds an election under this section may not hold another election on the question of annexation before the corresponding uniform election date of the following year. 6), Sec. 2, eff. Amended by Acts 1989, 71st Leg., ch. 155 (H.B. December 1, 2017. 2, eff. 3(j), eff. (a) This section applies only to a home-rule municipality that has a population of less than 11,000 and is located primarily in a county with a population of more than 3.3 million. Sec. 43.0687. Sept. 1, 1999. Sec. 3(i), eff. Garbage & Recycling View pick up schedules, guidelines and report a missed pickup. 6 (S.B. Each member of the public who wishes to present testimony or evidence regarding the proposed limited-purpose annexation must be given the opportunity to do so. 43.075. 632 (S.B. (2) establish and maintain wharves, docks, railway terminals, side tracks, warehouses, or other facilities or aids relating to navigation or wharves. Added by Acts 2021, 87th Leg., R.S., Ch. A written agreement to waive the municipality's obligation to annex the area for full purposes binds all future owners of land annexed for limited purposes pursuant to that waiver. (a) This section applies to a service plan under Section 43.065. endobj 155 (H.B. (2) Repealed by Acts 2019, 86th Leg., R.S., Ch. Amended by Acts 2001, 77th Leg., ch. December 1, 2017. 816, Sec. While this was a big win for Texans, there remains more work to do. 787, Sec. Sec. A digital map required under this subsection 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. Sept. 1, 1989; Acts 1999, 76th Leg., ch. (l) If the question is approved, the period during which the general-law municipality is prohibited from annexing area in the district is extended to the date that is one year after the date of the election. (e) A municipality may not tax the property over which the boundaries are extended under this section unless the property is within the general municipal boundaries. By the end of the first year after the date an area is annexed for limited purposes, the municipality must develop a land use and intensity plan as a basis for services and capital improvements projects planning. Added by Acts 2017, 85th Leg., 1st C.S., Ch. Delivering on 2018 & 2022 bond programs. Acts 2019, 86th Leg., R.S., Ch. 3(e), eff. (B) the governing body of which adopts, by a vote of at least two-thirds of its entire membership, an ordinance making this section applicable to the 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. , when one-third of all the land proposed for annexation municipality after completion of the municipality shall provide services. 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