(b) If the governing body fails or refuses to disannex the area within 60 days after the date of the receipt of the petition, any one or more of the signers of the petition may bring a cause of action in a district court of the county in which the area is principally located to request that the area be disannexed. This article is co-authored by Will Creasy, a geospatial analyst at Urban3. Added by Acts 2007, 80th Leg., R.S., Ch. (3) the area abuts or is contiguous to another jurisdictional boundary. 1338), Sec. (c) A municipality's governmental immunity to suit and from liability is waived and abolished to the extent of liability created under this section. 1, eff. Houston Annexation History. 1, Sec. 43.0752 by Acts 2001, 77th Leg., ch. (c) A municipality may not take property on the island through eminent domain. Acts 2019, 86th Leg., R.S., Ch. 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. 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. (r) A district or the area of a district annexed for limited purposes under this section must be: (1) in the municipality's extraterritorial jurisdiction; and. Michael Maresh Ten years ago, five business owners on Texas Highway 19 in the Woodgate subdivision. AUTHORITY TO ANNEX WATER OR SEWER DISTRICT. (3) "Planned community" means a planned community of 10,000 acres or more that is subject in whole or in part to a restrictive covenant that contains an ad valorem-based assessment on real property used or to be used, in any part, to fund governmental or quasi-governmental services and facilities within and for the planned community. Sec. (d) 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. 1, eff. Aug. 28, 1989. May 24, 2019. CERTAIN STRIP ANNEXATIONS PROHIBITED. 6), Sec. Tornado Debris Update City Sanitation crews, with the help of debris removal partners, have hauled away nearly 10,675 cubic yards of storm waste. REQUIRED DISCLOSURE BEFORE ANNEXATION AGREEMENT. (c) A strategic partnership agreement shall not be effective until adopted by the governing bodies of the municipality and the district. The annexation of an area for limited purposes must be completed within 90 days after the date the governing body institutes the annexation proceedings. 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. 7, eff. 1, Sec. Located in East Texas, Anderson County is the 56th largest of the 254 counties in Texas by land area at 1,062.3 sq. On or after the 15th day but before the fifth day before the date of the first election held in which the residents of an area annexed for limited purposes are entitled to vote, the municipality shall publish notice in the form of a quarter-page advertisement in a newspaper of general circulation in the municipality notifying the residents that they are eligible to vote in the election and stating the location of all polling places for the residents. Sec. (k) If all the area in the district becomes a part of the municipality, the municipality, unless the refunding authorized by Subsection (l) has been accomplished, shall separately operate the district and municipal systems and property and may not commingle revenue if the municipality has outstanding bonds, warrants, or other bonded obligations payable from and secured by a pledge of the net revenue of its own utility system or property and does not have an amount annually accruing to its surplus revenue fund that exceeds the amount of the fund pledged to the payment of outstanding municipal obligations and that is sufficient to meet the annual obligations for which the district revenues are pledged. Cities can annex property only with the written consent of the owner or by referendum. (1) post notice of the hearings on the municipality's Internet website if the municipality has an Internet website; and. Acts 2009, 81st Leg., R.S., Ch. The City will continue to consider SPAs with utility districts for the purpose of limited purpose annexation within the City's ETJ. The municipality may combine the district system or property with the municipality's similar system or property if: (1) the municipality has no outstanding revenue bonds, warrants, or other obligations payable from and secured by a pledge of the net revenue of its own utility system or property; or, (A) has outstanding obligations payable from and secured by a pledge of net revenues sufficient to meet the outstanding obligations; and. 1, eff. (1) project the kinds and levels of development that will occur in the area in the next 10 years if the area is not annexed for limited purposes and also if the area is annexed for limited purposes; (2) describe the issues the municipality considers to give rise to the need for the annexation of the area for limited purposes and the public benefits to result from the limited-purpose annexation; (3) analyze the economic, environmental, and other impacts the annexation of the area for limited purposes will have on the residents, landowners, and businesses in the area; and. 13, eff. Acts 1987, 70th Leg., ch. 1167, Sec. An originally issued municipal revenue bond may not be refunded into municipal general obligation refunding bonds. 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. 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. June 17, 1995; Acts 1999, 76th Leg., ch. 1303), Sec. (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. 99), Sec. Added by Acts 2021, 87th Leg., R.S., Ch. 4059), Sec. Rhone Mortuary is one of the five businesses that wants to be de-annexed from the city. 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. (3) a part of a special utility district created or operating under Chapter 65, Water Code. CONTINUATION OF LAND USE. (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. 1(2), eff. 43.052. AUTHORITY OF SPECIAL-LAW MUNICIPALITY TO ANNEX FOR LIMITED PURPOSES ALONG NAVIGABLE STREAM. SUBCHAPTER C-4. Aug. 28, 1989. Notice of public hearings conducted by the governing body of a municipality under this subsection shall be published in a newspaper of general circulation in the municipality and in the district. (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. 1, eff. By the end of the third year after that date, the municipality must include in its adopted capital improvements program the projects intended to serve the area and must identify potential sources of funding for capital improvements. The contract or agreement may contain other terms considered appropriate by the parties. 1, eff. 43.146. 6 (S.B. 2.01, eff. (i) The board of directors shall give notice of the election in the manner provided for an election of the members of the board. (n) Before the second anniversary of the date an area is included within the corporate boundaries of a municipality by annexation, the municipality may not: (1) prohibit the collection of solid waste in the area by a privately owned solid waste management service provider; or. 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. December 1, 2017. 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. 4257), Sec. Amended by Acts 1999, 76th Leg., ch. Except as provided by this subsection, if the annexed area had a level of services superior to the level of services provided within the corporate boundaries of the municipality before annexation, a service plan must provide the annexed area with a level of services that is comparable to the level of services available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. (l) The municipality may issue revenue refunding bonds in its own name for the purpose of refunding outstanding district revenue bonds, warrants, or other obligations, including unpaid accrued interest on them, that are assumed by the municipality 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. Sec. (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. Acts 2019, 86th Leg., R.S., Ch. (b) This section applies only to an area that is: (1) located in the extraterritorial jurisdiction of a home-rule municipality that has a population of 60,000 or less . 1, Sec. 43.004. (g) A regional development agreement binds each party to the agreement and each owner and future owner of land that is subject to the agreement. 1, eff. 1076 (S.B. Study with Quizlet and memorize flashcards containing terms like There are. Land Records Management Program . Sec. Sec. June 10, 2019. 6 (S.B. (c) The municipality may not proceed with the annexation unless the municipality provides the required notice. 6 (S.B. 43.063. (2) the municipality does not annex in the annexation proceeding any area outside its extraterritorial jurisdiction except the part of the district that is outside its extraterritorial jurisdiction. Acts 2019, 86th Leg., R.S., Ch. 1, eff. Sec. 82, eff. The full-purpose annexation conversion date established by a strategic partnership agreement may be altered only by mutual agreement of the district and the municipality. 3(k), eff. . (g) A strategic partnership agreement that provides for the creation of a limited district under Subsection (f)(6) shall include provisions setting forth the following: (1) the boundaries of the limited district; (2) the functions of the limited district and the term during which the limited district shall exist after full-purpose annexation, which term may be renewed successively by the governing body of the municipality, provided that no such original or renewed term shall exceed 10 years; (3) the name by which the limited district shall be known; and. (b) A person residing in an annexed area subject to a service plan may apply for a writ of mandamus against a municipality that fails to provide access to services in accordance with Subsection (a). Sec. (a) Notwithstanding any other law, the governing body of a district by resolution may petition a municipality to alter the annexation status of land in the district from full-purpose annexation to limited-purpose annexation. (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. Added by Acts 1999, 76th Leg., ch. <> The municipality shall pay for the costs of holding the election. 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. 6), Sec. 3(k), eff. 787, Sec. (e) The municipality may not proceed with the annexation unless the municipality provides the required notice under this section. (q) Except for Sections 43.130(a) and (b), Subchapter F does not apply to a limited-purpose annexation under a strategic partnership agreement. 1, eff. Authority to annex by petition (with consent). (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). September 1, 2019. 6 (S.B. 1.01, eff. Sept. 1, 2001. Permits and Inspections Apply, pay, schedule inspections and check status. House Bill 347, related to ending forced annexation in Texas, became . Aug. 28, 1989. 1076 (S.B. 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