Amended by Acts 1991, 72nd Leg., ch. The refunding bonds must be issued in the manner provided by Chapter 1207, Government Code. (b) When a majority of the votes received in the election favor discontinuing the area as part of the municipality, the mayor shall declare that the area is no longer a part of the municipality and shall enter an order to that effect in the minutes or records of the governing body of the municipality. 3723), Sec. Sept. 1, 1991. The first one is rarely considered; if something is in the budget, it is almost unfailingly assumed to be needed or at least desirable. 43.0545. Sec. (a) At the time a municipality makes an offer to a landowner to enter into an agreement in which the landowner consents to annexation, the municipality must provide the landowner with the written disclosure described by Section 212.172(b-1). Sept. 1, 1999. USE OF CONSENT PROCEDURES TO ANNEX FOR LIMITED PURPOSES. September 1, 2019. Sec. June 15, 2007. (n) Notwithstanding the provisions of any municipal charter or other law, a district or an eligible municipality is not required to hold an election to authorize a regional participation agreement. December 1, 2017. Acts 2017, 85th Leg., 1st C.S., Ch. If the governing body does not repeal the ordinance, the governing body shall submit it to a popular vote at the next municipal election or at a special election the governing body may order for that purpose. CONSENSUAL ANNEXATION. Four years ago, the city annexed 1076 (S.B. 347), Sec. 6 0 obj #7. ANNEXATION OF CERTAIN ADJACENT AREAS. That comprehensive zoning ordinance may not be repealed or amended for a period of 10 years unless the written consent of the landowners who own at least two-thirds of the surface land of the annexed smaller municipality is obtained. 43.080. Sept. 1, 1987. endobj (3) retail sales in the boundaries of the district will be treated for municipal sales tax purposes as if the district were annexed by the municipality for full purposes. (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. Acts 2017, 85th Leg., 1st C.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. The City Council of the City of Cleveland, Texas will conduct two (2) public hearings on January 22, 2018 and January 23, 2018 at 5:30 pm in the Council Chambers at City Hall, 907 E Houston, Cleveland, Texas 77327 for the purpose of discussion on proposed VOLUNTARY annexation area which is listed below. 40, eff. However, the failure to complete the annexation as provided by this subsection does not prevent the smaller municipality from holding a new election on the question to enable the larger municipality to annex the smaller municipality as provided by this section. 43.063. 43.130. 23, eff. The municipality shall perform the duties and other functions imposed by law or contract on the governing body of the district relating to the district's outstanding bonds, warrants, or other obligations and shall separately perform the duties and other functions relating to the bonds, warrants, and other obligations of the municipal system. (d) Section 43.054 does not apply to the annexation of a right-of-way under this section. Funny. September 1, 2011. 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. 2.09, eff. The protest must state the name, address, and age of each protester who signs. (15) any other provision or term to which the parties agree. (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. May 24, 2019. In 2019, the Texas Legislature made a huge change when it passed HB 347, a bill eliminating forced annexation in Texas. RESULTS OF ELECTION AND PETITION. Sec. September 1, 2009. 62, Sec. 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. (e) The municipality shall have no responsibility to reimburse the developer of the district or its successors for more than reasonable and actual engineering and construction costs to design and build internal water treatment and distribution facilities, wastewater treatment and collection facilities, or drainage facilities, whether temporary or permanent, installed after September 1, 1995. (f) To annex the entire part of a water or sewer district that is outside the municipality's boundaries, a general-law municipality incorporated after 1983 that is, after incorporation of the district, incorporated over all or any part of the district may annex territory by ordinance without the consent of the inhabitants or property owners of the territory. 3(h), eff. (C) the annexed area does not exceed 525 feet in width at its widest point; (2) a water or sewer district that has a noncontiguous part that is not within the extraterritorial jurisdiction of the municipality; or. (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. 6 (S.B. Acts 2009, 81st Leg., R.S., Ch. 43.0683. 8, eff. unitary. The process can be started by either a petition (see below) or by a city council resolution. 149, Sec. 43.141. The City will continue to consider SPAs with utility districts for the purpose of limited purpose annexation within the City's ETJ. A notice of the hearings must be published in a newspaper of general circulation in the municipality and in the area proposed for annexation. This subsection does not prevent the inhabitants of the area from paying in full at any time their pro rata share of the indebtedness. Added by Acts 1989, 71st Leg., ch. December 1, 2017. May 24, 2019. June 15, 2007. (d) The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing. SUBCHAPTER C-2. Acts 2017, 85th Leg., 1st C.S., Ch. Sept. 1, 1999. (b) Notice of the availability of the report shall be published at least twice in a newspaper of general circulation in the area proposed to be annexed. A municipality with a population of less than 30,000, that is in a county that borders the Gulf of Mexico and that is adjacent to a county with a population of one million or more, and that seeks to annex land owned by a navigation district operating under Section 59, Article XVI, Texas Constitution, must have the consent of the district to annex the land. 2, eff. <>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 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. (d) The petition for disannexation must: (3) be signed in ink or indelible pencil by the appropriate voters; (4) be signed by each voter as that person's name appears on the most recent official list of registered voters; (5) contain a note made by each voter stating the person's residence address and the precinct number and voter registration number that appear on the person's voter registration certificate; (6) describe the area to be disannexed and have a plat or other likeness of the area attached; and. (i) On the annexation, all claims, fines, debts, or taxes due and payable to the smaller municipality become due and payable to the larger municipality and shall be collected by it. (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. Transferred and redesignated from Local Government Code, Section 43.037 by Acts 2017, 85th Leg., 1st C.S., Ch. 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. Sept. 1, 1987. Sec. 6), Sec. For the purposes of this requirement, an election is pending during the period that begins on the date the board of directors adopts the election order and ends on the date the board declares the result of the election. (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. INVALIDATION OF ANNEXATION OF SPECIAL DISTRICT; REIMBURSEMENT OF DEVELOPER. Sec. 2.10, eff. Garbage & Recycling View pick up schedules, guidelines and report a missed pickup. Sec. 43.131. December 1, 2017. California, Missouri, and Wisconsin allow non-contiguous annexation only of government-owned property. 734), Sec. (c) If the owner of a right-of-way proposed to be annexed under this section is a governmental entity, the entity may specify the location at which a municipality must deliver notice under Subsection (b). ANNEXATION OF MUNICIPALLY OWNED RESERVOIR. Sec. Sept. 1, 1999. 248, Sec. 429 (S.B. Any attempted annexation of the smaller municipality that does not include the adoption of that comprehensive zoning ordinance is void. (a) Before a municipality may adopt an ordinance annexing an area under this subchapter, the governing body of the municipality must conduct one public hearing. AUTHORITY TO ANNEX. 2.01, eff. =aMREL`Ut:16K J .KT#A.^U.nQeqMMB~(^T$|CPf&g@|9^@TKRZ/>At\q4qS^SF *)@VDLYw0rs&Feru#7Fmb_C %~({-f snRhhL)|I*H\QSFbK0!K)'f Acts 2011, 82nd Leg., R.S., Ch. ANNEXATION OF NONCONTIGUOUS MUNICIPALLY OWNED AIRPORT BY CERTAIN MUNICIPALITIES. 26, eff. (b) If a municipality with a population of less than 1.5 million annexes a special district for full or limited purposes and the annexation precludes or impairs the ability of the district to issue bonds, the municipality shall, prior to the effective date of the annexation, pay in cash to the landowner or developer of the district a sum equal to all actual costs and expenses incurred by the landowner or developer in connection with the district that the district has, in writing, agreed to pay and that would otherwise have been eligible for reimbursement from bond proceeds under the rules and requirements of the Texas Commission on Environmental Quality as such rules and requirements exist on the date of annexation. (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) In this section, "water or sewer district" means a district or authority created under Article III, Section 52, Subsections (b)(1) and (2), or under Article XVI, Section 59, of the Texas Constitution that provides or proposes to provide, as its principal function, water services or sewer services or both to household users. Sept. 1, 1995. 43.0673. Sec. That city isn't even today-years-old it won't become a working municipality until leaders are elected in March but there is already a sizeable faction vying to de-annex, or secede . Sec. (c) If the area is disannexed under this section, it may not be annexed again within 10 years after the date of the disannexation. Added by Acts 1995, 74th Leg., ch. 774 (H.B. Sec. Added by Acts 2017, 85th Leg., 1st C.S., Ch. (2) has the physical and economic characteristics of a colonia, as determined by the Texas Department of Housing and Community Affairs. 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. Sept. 1, 1999. 6), Sec. (b) To be annexed for limited purposes, an area must be: (1) within the municipality's extraterritorial jurisdiction; and. Acts 2005, 79th Leg., Ch. 2, eff. Amended by Acts 1999, 76th Leg., ch. For text of section as added by Acts 2021, 87th Leg., R.S., Ch. 1217 (S.B. Sec. 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. May 25, 2007. Sept. 1, 1987. REGIONAL DEVELOPMENT AGREEMENTS. <> (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. 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