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. (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. Sept. 1, 1989. 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. (2) is a party to a strategic partnership agreement: (A) with a municipal utility district; and. Acts 2019, 86th Leg., R.S., Ch. (c) The municipality is not required to provide a service that is not included in the agreement. Added by Acts 2017, 85th Leg., R.S., Ch. 43.123. (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. (b) A municipality may annex for full or limited purposes, under the annexation provisions applicable to that municipality under this chapter, any part of the area located within five miles of the boundary of a military base in which an active training program is conducted. 293, Sec. (3) any proposal the municipality has to abate, reduce, or limit any financial impact on the district. (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. 1, eff. (2) is adjacent to the road and right-of-way. (h) A regional participation agreement binds each party and its legal successor, including a municipality or other form of local government, to the agreement for the term specified in the agreement and each owner and future owner of land that is subject to the agreement during any annexation deferral period established in the agreement. 6 (S.B. September 1, 2019. May 24, 2019. 6 (S.B. AUTHORITY OF MUNICIPALITY TO ANNEX AREA QUALIFIED FOR AGRICULTURAL OR WILDLIFE MANAGEMENT USE OR AS TIMBER LAND. The agreement must be recorded in the deed records of any county in which any land in the district is located. Annexation reform passed and was signed into law by Gov. The notice must include: (1) a description of the area that has been included in the municipality's annexation plan; (2) a statement that the completed annexation of that area will expand the municipality's extraterritorial jurisdiction to include all or part of the property owner's property; (3) a statement of the purpose of extraterritorial jurisdiction designation as provided by Section 42.001; and. (b) The adopted regulatory plan must be the same as the regulatory plan prepared under Section 43.123 unless the governing body finds and states in the ordinance the reasons for the adoption of a different regulatory plan. (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. 199 (H.B. Acts 1987, 70th Leg., ch. Added by Acts 2017, 85th Leg., 1st C.S., Ch. ANNEXATION HEARING REQUIREMENTS. 12.102, eff. (8) such other lawful terms that the parties consider appropriate. 6), Sec. 3(k), eff. 43.148. (i) The municipality may issue revenue refunding bonds or 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 solely from net revenues. House Bill 347 from last session eliminated unilateral annexation by any city. (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). (2) the governing body of the municipality may not include the area covered by the regional development agreement in a municipal annexation plan and may not initiate or continue an annexation proceeding relating to that area after the effective date of this section. 155 (H.B. Except as otherwise provided by this section, Chapter 1502, Government Code, applies to the revenue refunding bonds, but an election for the issuance of the bonds is not required. Added by Acts 2017, 85th Leg., 1st C.S., Ch. (2) an action to annul or review the adoption of the ordinance has not been initiated in that two-year period. Sept. 1, 1999. DISANNEXATION OF LAND IN A MUNICIPAL UTILITY DISTRICT. 36, eff. 1339, Sec. Rhone Mortuary is one of the five businesses that wants to be de-annexed from the city. Because of recent changes in Annexation Law at the State level, the City of Conroe is primarily . 1, eff. A home-rule municipality may take the following actions according to rules as may be provided by the charter of the municipality and not inconsistent with the requirements prescribed by this chapter: (1) fix the boundaries of the municipality; (2) extend the boundaries of the municipality and annex area adjacent to the municipality; and. Pafford Tract 2021 Voluntary Annexation completed 04/13/2021. The agreement shall be recorded in the deed records of the county or counties in which the land included within the district is located and shall bind each owner and each future owner of land included within the district's boundaries on the date the agreement becomes effective. Aug. 28, 1989. 18, eff. 297, Sec. In 2019, the Texas Legislature made a huge change when it passed HB 347, a bill eliminating forced annexation in Texas. Mesquite has identified 11 tracts for annexation reaching well into Kaufman County, as much as 17 miles from the first-ring suburb's downtown. Without reference to the amendment of this section, this section was repealed by Acts 2019, 86th Leg., R.S., Ch. Added by Acts 2019, 86th Leg., R.S., Ch. ANNEXATION OF MUNICIPALLY OWNED RESERVOIR. (a) This section applies only to a municipality that: (1) operates a municipally owned water utility; and. How does land annexation begin? The municipality may adopt ordinances, including those imposing criminal penalties, and may otherwise police navigation on the stream and the use of the wharves or other facilities and aids to navigation or wharfage. 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. 2, eff. ENFORCEMENT OF CHAPTER. 2.04, eff. 10 0 obj 43.001. Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation. 43.0696. (a) The disapproval of the proposed annexation of an area under this subchapter does not affect any existing legal obligation of the municipality proposing the annexation to continue to provide governmental services in the area, including water or wastewater services, regardless of whether the municipality holds a certificate of convenience and necessity to serve the area. Added by Acts 1999, 76th Leg., ch. The contract may not impair the obligation of another contract of the municipality or district. 149, Sec. (3) the requirements of Sections 7.002 and 8.002 do not apply to an election ordered under Subsection (c)(1) or (2). The Elgin City Council on Tuesday formally directed city staff to begin proceedings and draft an ordinance to de-annex about half the properties it annexed in 2015. Learn More. There are two primary methods that cities use to annex land: the election method and the petition method. The assumption by each municipality must be based on the ratio that the value of the property and other assets distributed to that municipality bears to the total value of all the property and other assets of the district. <> Aug. 28, 1989. 13.12, eff. (a) In this section: (1) "Special district" means a political subdivision one purpose of which is to supply fresh water for domestic or commercial use or to furnish sanitary sewer services or drainage. 1, eff. 1, eff. 155 (H.B. Amended by Acts 1997, 75th Leg., ch. That operating contract may extend for a period, not to exceed 30 years, stipulated in the contract and is subject to amendment, renewal, or termination by the mutual consent of the governing bodies. Added by Acts 2007, 80th Leg., R.S., Ch. (e) A regional participation agreement must be: (2) approved by the governing body of each eligible municipality or district that is or that becomes a party to the agreement; and. The municipality may combine the different issues or the bonds of different issues of both district and municipal revenue bonds, warrants, or other obligations into one or more series of revenue refunding bonds. (2) "Eligible municipality" means a municipality: (A) that has a population of 1.5 million or more and that includes in its extraterritorial jurisdiction at least 90 percent by area of the territory of a district; (B) that includes in its extraterritorial jurisdiction not more than 10 percent of the territory of a district that has entered into a regional participation agreement under this section with another eligible municipality described by Paragraph (A); or. Sec. 44, eff. (c) A strategic partnership agreement shall not be effective until adopted by the governing bodies of the municipality and the district. (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. Amended by Acts 1989, 71st Leg., ch. ANNEXATION BY CERTAIN MUNICIPALITIES OF LAND OWNED BY NAVIGATION DISTRICT. 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. 1076 (S.B. (e) The signatures to the petition need not be appended to one paper. 43.125. 43.0635. Acts 2007, 80th Leg., R.S., Ch. 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. Acts 1987, 70th Leg., ch. The municipality shall provide the services by any of the methods by which it extends the services to any other area of the municipality. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1596), Sec. 10, eff. ANNEXATION OF CERTAIN ADJACENT AREAS. In addition to the notice requirements under Section 43.063, a home-rule municipality, before the municipality may institute annexation proceedings, shall create, or contract for the creation of, and make publicly available a digital map that identifies the area proposed for annexation and any area that would be newly included in the municipality's extraterritorial jurisdiction as a result of the proposed annexation. (a) In this section, "navigable stream" has the meaning assigned by Section 21.001, Natural Resources Code. (7) a regulation relating to the sale and use of fireworks. The ordinance must provide for the levy of taxes on all taxable property in the municipality to pay the principal of and interest on the bonds when due. 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. The ballot in an election held under Subsection (c) shall be printed to permit voting for or against the proposition: "Authorizing the (specify the incorporation of or the adoption of an alternate form of local government for) (insert name of local government) and the adoption of an initial property tax rate of not more than (specify the maximum rate determined).". Sept. 1, 1987. 24, eff. (g) When the pro rata share of any district bonds, warrants, or other obligations payable in whole or in part from property taxes has been assumed by the municipality, the governing body of the municipality shall levy and collect taxes on all taxable property in the municipality to pay the principal of and interest on its share as the principal and interest become due and payable. 1, eff. 218, Sec. DISANNEXATION OF SPARSELY POPULATED AREA IN GENERAL-LAW MUNICIPALITY. Sept. 1, 1999; Acts 2001, 77th Leg., ch. AUTHORITY OF HOME-RULE MUNICIPALITY TO ANNEX AREA AND TAKE OTHER ACTIONS REGARDING BOUNDARIES. Aug. 28, 1989; Acts 1989, 71st Leg., ch. USE OF CONSENT PROCEDURES TO ANNEX FOR LIMITED PURPOSES. 3. 11.255, eff. 1338), Sec. Sept. 1, 1987. 6), Sec. Nothing in this subsection modifies the requirement under Subsection (g) for a service plan to provide a level of services in an annexed area that is equal or superior to the level of services provided within the corporate boundaries of the municipality before annexation. 692 (H.B. (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. View information and documents regarding current or recent annexations. 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. (f) If the larger municipality completes the annexation within the prescribed period, the incorporation of the smaller municipality is abolished. (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. Annexing a city will increase its production rate from 25% to 50%. The trustees are appointed for the terms and shall perform the duties as provided by the agreement made under Subsection (c) or (d). SUBCHAPTER C-1. Sec. 55(a), eff. Sec. 43.062. Sec. endobj May 24, 2019. (2) a regional participation agreement is a "contract subject to this subchapter" within the meaning of Section 271.151(2), without regard to whether the agreement is for providing goods or services. (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. (c) 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. Acts 1987, 70th Leg., ch. The amount of the taxes shall be determined using rates from the district's most recent tax levies. Procedure for election--same as first election held within area (a) In this section: (1) "District" means a political subdivision created by general or special law that has the powers of a municipal management district under Chapter 375 and a conservation and reclamation district under Chapters 49 and 54, Water Code, a majority by area of the territory of which is located within a planned community and within the extraterritorial jurisdiction of one or more municipalities. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1303), Sec. Incorporated cities in Anderson County include the county seat of Palestine, Elkhart, and Frankston. DISANNEXATION FOR FAILURE TO PROVIDE SERVICES. 3, eff. 1, eff. 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. (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. EFFECT OF ANNEXATION ON PUBLIC ENTITIES OR POLITICAL SUBDIVISIONS. Acts 2019, 86th Leg., R.S., Ch. 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. Notwithstanding any other law, a municipality may by ordinance annex a road right-of-way on request of the owner of the right-of-way or the governing body of the political subdivision that maintains the right-of-way under the procedures prescribed by Subchapter C-1. 1, Sec. 1312), Sec. 513, Sec. June 10, 2019. 6), Sec. Acts 2017, 85th Leg., 1st C.S., Ch. (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. Cities can annex property only with the written consent of the owner or by referendum. The offices in the smaller municipality are abolished and the persons holding those offices are not entitled to further remuneration or compensation. (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 43.0682. (a) 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 is less than 1,000 feet in width at its narrowest point. STRATEGIC PARTNERSHIPS FOR CONTINUATION OF CERTAIN DISTRICTS. 43.202. 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. Sec. Sec. Renumbered from Sec. 1082), Sec. Acts 2007, 80th Leg., R.S., Ch. 9, eff. 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