June 17, 1997. September 1, 2015. 6 (S.B. (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. 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. Sec. May 24, 2019. (a) In this section, "district," "eligible municipality," and "regional participation agreement" have the meanings assigned by Section 43.0754. 1.01(17), eff. A municipality may not be incorporated in an area annexed for limited purposes unless the annexing municipality gives its consent. 632 (S.B. 6 (S.B. 155 (H.B. (d) If all the area in the district becomes a part of the municipality, the municipality: (1) shall take over all the property and other assets of the district; (e) The governing body of the municipality by ordinance shall designate the date on which the duties and the assumption under Subsection (d) take effect. (l) A service plan is valid for 10 years. June 15, 2007. 3(k), eff. May 23, 2007. 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. Sec. 8, eff. Sept. 1, 1999. (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. (2) is adjacent to the road and right-of-way. The bills may affect your ability to annex across a county road or state highway. Acts 2019, 86th Leg., R.S., Ch. Acts 1987, 70th Leg., ch. Sec. Sept. 1, 1989. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 597, Sec. 1, eff. Sec. Sec. 80, eff. (a) In this section: (1) "District" means a conservation and reclamation district operating under Chapter 49, Water Code. 43.128. 1, Sec. Sept. 1, 1999. 25, eff. The agreement must specify the date on which the district is abolished. An annexation by a municipality does not change or otherwise affect the switching limits of a railroad or any rates of a railroad. Acts 2019, 86th Leg., R.S., Ch. Sept. 1, 1999. (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. 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. Amended by Acts 1999, 76th Leg., ch. 155 (H.B. Sec. 36, eff. For text of section as added by Acts 2021, 87th Leg., R.S., Ch. So its probably a bug. Sec. 43.0685. <> 1, eff. Your one stop for non-emergency service requests or general questions. <>>> Added by Acts 2017, 85th Leg., 1st C.S., Ch. (d) A bond that is approved, registered, and sold as provided by this section is incontestable. 27, eff. The City of Huntsville primarily uses the latter method, which requires the following procedure: The property owner presents the Planning . 5, eff. The ordinance does not take effect unless a majority of the votes received in the election favor the ordinance. 6), Sec. (j) A regional development agreement and any action taken under the agreement is not subject to any method of approval under the Water Code or any method of appeal under the Water Code. 43.014. (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. 8 0 obj GENERAL ANNEXATION AUTHORITY AND PROCEDURES REGARDING CONSENT ANNEXATIONS. Acts 2017, 85th Leg., 1st C.S., Ch. Acts 1987, 70th Leg., ch. 7, eff. 1, Sec. 1, eff. 2.01. 43.074. DISANNEXATION BY PETITION AND ELECTION IN GENERAL-LAW MUNICIPALITY. 149, Sec. 6), Sec. May 24, 2019. (c) Notwithstanding Section 43.0685(e), the municipality may provide for an owner of land in the area that is not a resident of the area to sign the petition electronically. They can only puppet any city which they gain, through conquest, trade, or by using a merchant of Venice to purchase a city state. May 24, 2019. ANNEXATION THAT SURROUNDS AREA: FINDINGS REQUIRED. (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. Emergency Management Performance Grant. The notice for the hearing must be: (1) published at least once on or after the 20th day but before the 10th day before the date of the hearing; and. Aug. 28, 1989. Text of section as added by Acts 2021, 87th Leg., R.S., Ch. 39, eff. December 1, 2017. LIMITATION ON EXTRATERRITORIAL JURISDICTION OF CERTAIN MUNICIPALITIES. <> (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. 43.082. December 1, 2017. May 24, 2019. All annexations must be carried out according to State law and the City Code of Ordinances. The notice must be in the format prescribed by Section 43.123(b). 155 (H.B. VOTER APPROVAL BY MUNICIPAL RESIDENTS ON PETITION. 43.065. 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. 734), Sec. REFUND OF TAXES AND FEES. Sec. 43.052. 155 (H.B. 1, Sec. 149, Sec. (3) reduction of the extraterritorial jurisdiction of a municipality without the written consent of the municipality's governing body. Otherwise, any party may commit or pledge or may issue bonds payable from or secured by a pledge of any available source of funds, including unencumbered sales and use taxes, to make payments due or to become due under an agreement. Sec. (d) A delinquent sum incurs a penalty of six percent of the amount of the sum for the first calendar month it is delinquent plus one percent for each additional month or portion of a month the sum remains unpaid. unitary. (b) On receipt of the district's petition, the governing body of the municipality shall enter into negotiations with the district for an agreement to alter the status of annexation that must: (1) specify the period, which may not be less than 10 years beginning on January 1 of the year following the date of the agreement, in which limited-purpose annexation is in effect; (2) provide that, at the expiration of the period, the district's annexation status will automatically revert to full-purpose annexation without following procedures provided by Section 43.014 or any procedural requirement for annexation not in effect on January 1, 1995; and. SUBCHAPTER E. ANNEXATION PROVISIONS RELATING TO RESERVOIRS, AIRPORTS, STREETS, AND CERTAIN OTHER AREAS. 1, eff. Sept. 1, 1987. 3(i), eff. However, nothing herein shall prevent the municipality from terminating the agreement and instituting proceedings to annex the district, on request by the governing body of the district, on any date prior to the full-purpose annexation conversion date established by the strategic partnership agreement under the procedures prescribed by Subchapter C-1. May 24, 2019. (c) For purposes of Section 43.003(2) or another law, including a municipal charter or ordinance, relating to municipal authority to annex an area adjacent to the municipality, an area adjacent or contiguous to an area that is the subject of a development agreement described by Subsection (b)(1) is considered adjacent or contiguous to the municipality. 155 (H.B. (h) The board of directors shall set the date of the election for the first uniform election date that falls on or after the 30th day after the date of the order. (3) the entire water or sewer district would be contained in the annexing municipality after completion of the annexation. Acts 2017, 85th Leg., 1st C.S., Ch. September 1, 2019. The service plan may be amended to extend the period for construction if the construction is proceeding with all deliberate speed. (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. 822, Sec. Sec. 1, eff. Sec. (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. PROCEDURES FOR INCORPORATION OR ESTABLISHMENT OF ANOTHER FORM OF LOCAL GOVERNMENT FOR CERTAIN AREAS SUBJECT TO REGIONAL PARTICIPATION AGREEMENT. Amended by Acts 1989, 71st Leg., ch. (k) Notwithstanding any defect, ambiguity, discrepancy, invalidity, or unenforceability of a regional development agreement that has been voluntarily entered into and fully executed by the parties thereto, or any contrary law, common law doctrine, or municipal charter provision, and for the duration of any annexation deferral period established in the regional development agreement during which a district continues to perform its obligations under the regional development agreement: (1) Sections 42.023 and 42.041(b)-(e) do not apply to any land or owner of land within a district that is a party to the regional development agreement; and. Added by Acts 1989, 71st Leg., ch. City staff has not yet determined whether or not to annex two other areas under consideration: near Texas 151 and Loop 1604, which includes Alamo Ranch, and near Loop 1604 and U.S. 90 near . A municipality may impose within the boundaries of a district a municipal sales and use tax authorized by Chapter 321, Tax Code, or a municipal hotel occupancy tax authorized by Chapter 351, Tax Code, that is imposed in the municipality if: (1) the municipality has annexed the district for limited purposes under this section; or. Sec. 1, eff. AUTHORITY OF HOME-RULE MUNICIPALITY TO ANNEX AREA AND TAKE OTHER ACTIONS REGARDING BOUNDARIES. Added by Acts 1999, 76th Leg., ch. September 1, 2019. 43.0663. 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. Added by Acts 1995, 74th Leg., ch. (3) all the area of the district is annexed. 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. Aug. 28, 1989. 43.1056. 1(2), eff. 1, eff. The area may not exceed 2,500 feet in width on either side of the stream as measured from the thread of the stream and may not exceed 20 miles in length as measured in a direct line from the ordinary municipal boundaries, either above or below the boundaries, or both. Renumbered from Sec. 63, eff. Sec. (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. (n) This subsection applies only to a municipality any portion of which is located in a county that has a population of not less than 285,000 and not more than 300,000 and that borders the Gulf of Mexico and is adjacent to a county with a population of more than 3.3 million. Sec. Acts 2017, 85th Leg., 1st C.S., Ch. 43.141. (e) The governing body of a municipality may not annex a district for limited purposes under this section or under the provisions of Subchapter F until it has adopted a strategic partnership agreement with the district. WIDTH REQUIREMENTS. 43.055. (c) The provisions of this subchapter, other than Sections 43.1211 and 43.136, do not affect the authority of a municipality to annex an area for limited purposes under Section 43.136 or any other statute granting the authority to annex for limited purposes. (iii) the district has obtained the authorization of the governmental entity currently providing the service; (3) payments by the municipality to the district for services provided by the district; (4) annexation of any commercial property in a district for full purposes by the municipality, notwithstanding any other provision of this code or the Water Code, except for the obligation of the municipality to provide, directly or through agreement with other units of government, full provision of municipal services to annexed territory, in lieu of any annexation of residential property or payment of any fee on residential property in lieu of annexation of residential property in the district authorized by this subsection; (5) a full-purpose annexation provision on terms acceptable to the municipality and the district; (6) conversion of the district to a limited district including some or all of the land included within the boundaries of the district, which conversion shall be effective on the full-purpose annexation conversion date established under Subdivision (5); (7) agreements existing between districts and governmental bodies and private providers of municipal services in existence on the date a municipality evidences its intention by adopting a resolution to negotiate for a strategic partnership agreement with the district shall be continued and provision made for modifications to such existing agreements; and. 6 (S.B. 1167, Sec. (a) A majority of the qualified voters of an annexed area may petition the governing body of the municipality to disannex the area if the municipality fails or refuses to provide services or to cause services to be provided to the area: (1) if the area was annexed under Subchapter C-1, within the period specified by Section 43.056 or by the service plan prepared for the area under that section; or. (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 . Added by Acts 2011, 82nd Leg., R.S., Ch. The municipality may, with the consent of the district, construct and maintain drainage facilities in the district that are consistent with the reclamation plan of the district. (c) If the municipality obtains the number of signatures on the petition required to annex the area, the municipality may annex the area after: (1) providing notice under Subsection (a); (2) holding a public hearing at which members of the public are given an opportunity to be heard; and. (h) 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, the county judge of the county in which the municipality or alternate form of local government is located shall order an election for the governing body of the municipality or alternate form of local government to be held on a date that complies with the provisions of the Election Code, except that Section 41.001(a), Election Code, does not apply. 1, Sec. 632 (S.B. Study with Quizlet and memorize flashcards containing terms like There are. Acts 2019, 86th Leg., R.S., Ch. PROCEDURES APPLICABLE. (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. 1900), Sec. 3(f), eff. Galveston County Registration & Titling - North County Annex League City, Texas OFFICE DOES NOT HANDLE DRIVER LICENSE OR ID CARD TRANSACTIONS Address 174 Calder Drive League City, TX 77573 Get Directions Phone (409) 766-2284 (877) 766-2284 Fax (409) 766-2479 Email galcotax@co.galveston.tx.us Hours Hours & availability may change. Procedure for election--same as first election held within area 43.142. (2) for that part of the district for which the district does not provide water and sanitary sewer utility service, and for which a municipality does provide those services, provide for periodic payments, as described by Subsection (b), by the district to the municipality that provides the services. 6 (S.B. Sept. 1, 1987. (B) those revenues have produced, during the five-year period before May 30, 1959, an annual surplus in an amount sufficient to meet the annual obligations for which the district revenues are pledged. 6 (S.B. NOTICE OF PROPOSED ANNEXATION. (15) any other provision or term to which the parties agree. (2) contiguous to the area being annexed under Subchapter C-3, C-4, C-5, or D. (b) A municipality may annex a right-of-way under this section only if: (1) the municipality provides written notice of the annexation to the owner of the right-of-way, through the owner's registered agent, if applicable, not later than the 61st day before the date of the proposed annexation; and. (c) If the district is located wholly in two or more municipalities, the district may be abolished by agreement among the district and the municipalities in which the district is located. Sec. (b) The service plan, which must be completed before the annexation, must include a program under which the municipality will provide full municipal services in the annexed area no later than 2-1/2 years after the effective date of the annexation, in accordance with Subsection (e), unless certain services cannot reasonably be provided within that period and the municipality proposes a schedule for providing those services, and must include a list of all services required by this section to be provided under the plan. Sec. 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. Transferred and redesignated from Local Government Code, Section 43.037 by Acts 2017, 85th Leg., 1st C.S., Ch. 43.076. (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. 155 (H.B. Sec. 1, eff. (2) follow the course of the road or highway. (2) publish notice of the hearings in a newspaper of general circulation: (B) in the area proposed for annexation; and. ELECTION. Sept. 1, 1999; Acts 2001, 77th Leg., ch. Sec. PROVISION OF SERVICES TO ANNEXED AREA. Sec. Sec. 3, Sec. 1185 (H.B. 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. May 24, 2019. ALTERATION OF ANNEXATION STATUS. For text of section as added by Acts 2021, 87th Leg., R.S., Ch. (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. Sec. 664, Sec. (2) the sworn affidavit of the publisher of the newspaper in which the notice was published, stating the name of the newspaper and the issue and date of publication. (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. <> This subsection does not prevent the inhabitants of the area from paying in full at any time their pro rata share of the indebtedness. December 1, 2017. If a majority of the votes received is in favor of the annexation, the secretary of the smaller municipality or other appropriate municipal official shall forward by certified mail to the secretary of the larger municipality a certified copy of the resolution. 43.126. A person residing or owning land in an annexed area may enforce a service plan by applying for a writ of mandamus not later than the second anniversary of the date the person knew or should have known that the municipality was not complying with the service plan. Amended by Acts 1989, 71st Leg., ch. 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