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. (b) To the extent of a conflict with any other law, this section controls. Sec. DISANNEXATION BY PETITION AND ELECTION IN GENERAL-LAW MUNICIPALITY. Aug. 28, 1989. 43.0754. Acts 1987, 70th Leg., ch. 43.0751. -Texas (cities with less than 5,000 residents) (citywide)(majority)-Wisconsin (only to appeal city decision to approve deannexation petition)(citywide)(majority) 27. Sec. Sept. 1, 1987. 4059), Sec. 347), Sec. (a) This chapter may be enforced only through mandamus or declaratory or injunctive relief. (2) the municipality has a population of 596,000 or more, and the area is an improved area that is not taxable by the municipality and is contiguous to the municipal boundary. As Venice's UA clearly states that they cannot build settlers, settle cities, or annex cities. (a) Before instituting proceedings for annexing an area for limited purposes, the governing body of the municipality must hold two public hearings on the proposed annexation. AUTHORITY OF MUNICIPALITY WITH POPULATION OF 74,000 TO 99,700 IN URBAN COUNTY TO ANNEX SMALL, SURROUNDED GENERAL-LAW MUNICIPALITY. May 24, 2019. ABOLITION OF WATER-RELATED SPECIAL DISTRICT THAT BECOMES PART OF MORE THAN ONE MUNICIPALITY. 347), 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. 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. Amended by Acts 1991, 72nd Leg., ch. (b) This subsection applies only to an area that contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract. Sec. 2.08, eff. Subject to Subsection (f), the agreement must provide for the distribution among the municipalities of the property and other assets of the district and for the pro rata assumption by the municipalities of all the debts, liabilities, and obligations of the district. Aug. 28, 1989. 1058, Sec. Sec. Sept. 1, 1987. Sec. 3, eff. Such municipality may refund any taxes paid or waive any taxes due to the municipality by the owners of the property disannexed pursuant to the provisions of this section. 3, eff. Amended by Acts 1989, 71st Leg., ch. Acts 2009, 81st Leg., R.S., Ch. 43.148. (h) If a district bond, warrant, or other obligation payable in whole or in part from property taxes is assumed under this section by the municipality, the governing body shall levy and collect taxes on all taxable property in the municipality in an amount sufficient to pay the principal of and interest on the bond, warrant, or other obligation as it becomes due and payable. 43.083. (b) Except as provided by Subsection (c), a defunding municipality may not annex an area during the period beginning on the date that the criminal justice division of the governor's office issues the written determination that the municipality is a defunding municipality and ending on 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). 155 (H.B. 6 from 2017 had already done that for cities in the largest counties.) Acts 2019, 86th Leg., R.S., Ch. Acts 1987, 70th Leg., ch. 1167, Sec. (3) holding a final public hearing not earlier than the 10th day after the date of the public hearing under Subdivision (2) at which the ordinance annexing the area may be adopted. (k) An election ordered under Subsection (h) or (j) to elect members of the governing body of a municipality must be held under the applicable provisions of Chapter 22, 23, or 24, to the extent consistent with this section. (2) state the date on or before which the municipality shall annex the area for full purposes, which date must be within three years after the date the area is annexed for limited purposes. 42, eff. Sec. December 1, 2017. (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. (5) cause a reduction in fire and police protection and emergency medical services within the area to be annexed below that of areas within the corporate boundaries of the municipality with similar topography, land use, and population density. EFFECT OF ANNEXATION ON COLONIAS. (a) A municipality may not, after annexing an area, prohibit a person from: (1) continuing to use land in the area in the manner in which the land was being used on the date the annexation proceedings were instituted if the land use was legal at that time; or. Added by Acts 1989, 71st Leg., ch. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. Sept. 1, 1989. 1900), Sec. (f) Before the petition is circulated among the voters, notice of the petition must be given by posting a copy of the petition for 10 days in three public places in the annexed area and by publishing a copy of the petition once in a newspaper of general circulation serving the area before the 15th day before the date the petition is first circulated. 6 (S.B. (2) the total annual amount of maintenance and operation taxes and debt service or bond taxes paid to the district by the owners of taxable property within the district that receives water and sanitary sewer utility service from the municipality. 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. 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. (11) any other term to which the parties agree. 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. 43.055. 3(k), eff. 43.002. Amended by Acts 1997, 75th Leg., ch. (d) A provision of a development agreement described by Subsection (b)(1) that restricts or otherwise limits the annexation of all or part of the area that is the subject of the agreement is void if the landowner files any type of subdivision plat or related development document for the area with a governmental entity that has jurisdiction over the area, regardless of how the area is appraised for ad valorem tax purposes. 2.09, eff. ANNEXATION OF AREAS WITH POPULATION OF LESS THAN 200 BY PETITION. 6 (S.B. Added by Acts 2019, 86th Leg., R.S., Ch. 822, Sec. (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 . (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. (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. 632 (S.B. 2, eff. (b) The municipality by ordinance may extend the boundaries to include an area composed of the navigable stream and the land on each side of the stream. <> Sec. 43.004. 1, eff. 22, eff. (b) On the next uniform election date that occurs after the date on which the criminal justice division of the governor's office issues a written determination that a municipality is a defunding municipality and the time required by Section 3.005, Election Code, the defunding municipality shall hold a separate election in each area annexed in the preceding 30 years by the defunding municipality on the question of disannexing the area. September 1, 2019. xXmOH,Q^SI}H@${y)^'vgYlN'G%y@2y2K&K+^]k X1*Xn.(PoU54+/>_#J>k@T&UF, 'pO&x9O-E!i!A Sec. 1420, Sec. 347), Sec. May 1, 1997; Acts 1999, 76th Leg., ch. 1, Sec. Added by Acts 2021, 87th Leg., R.S., Ch. 1, Sec. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1, Sec. House Bill 347 from last session eliminated unilateral annexation by any city. 347), Sec. (b) A notice to a public school district shall contain a description of: (1) the area within the district proposed for annexation; (2) any financial impact on the district resulting from the annexation, including any changes in utility costs; and. In two cases, a city that provides water and sewer is required to extend those services to property owners who request it at no cost to the property owners. Sec. 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. 103 (S.B. 43.0682. Except as otherwise provided by this section, Subchapter B, Chapter 1502, Government Code, applies to the revenue refunding bonds, but an election for the issuance of the bonds is not required. Delivering on 2018 & 2022 bond programs. 1167, Sec. PUBLIC HEARING. ANNEXATION BY CERTAIN MUNICIPALITIES THAT OPERATE MUNICIPALLY OWNED WATER UTILITY. (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. Acts 2007, 80th Leg., R.S., Ch. (4) Repealed by Acts 2019, 86th Leg., R.S., Ch. (a) This section applies only to a municipality that includes solid waste collection services in the list of services that will be provided in the area proposed for annexation on or before the second anniversary of the effective date of the annexation of the area under a written agreement under Section 43.0672 or a resolution under Section 43.0682 or 43.0692. 43.0761. This section does not prohibit the municipality from continuing to operate utility facilities in the district that are owned and operated by the municipality on the date the area becomes a part of the municipality. Sec. 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. December 1, 2017. 36, eff. (3) the entire water or sewer district would be contained in the annexing municipality after completion of the annexation. 43.065. REPORT REGARDING PLANNING STUDY AND REGULATORY PLAN. June 17, 1995; Acts 1999, 76th Leg., ch. Acts 2019, 86th Leg., R.S., Ch. May 24, 2019. September 1, 2009. Sept. 1, 1987. December 1, 2017. (b) This section applies only to a district and an eligible municipality that have entered into a regional participation agreement under Section 43.0754 that authorizes any of the actions described by Section 43.0754(c)(6), (7), or (8). 6), Sec. The term does not include a district or authority the primary function of which is the wholesale distribution of water. Acts 1987, 70th Leg., ch. Sec. If the governing body fails to adopt the ordinance, the duties and the assumption automatically take effect on the 91st day after the date the area becomes a part of the municipality. PUBLIC HEARING. December 1, 2017. ANNEXATION OF NONCONTIGUOUS MUNICIPALLY OWNED AIRPORT BY CERTAIN MUNICIPALITIES. JUDICIAL REMEDIES: FORCED ANNEXATION OR DISANNEXATION. REGIONAL DEVELOPMENT AGREEMENTS. A municipality or alternate form of local government resulting from an election described by this subsection is incorporated or established on the date a majority of the members of the governing body qualify and take office. If the annexation is not completed within the 90-day period, any annexation proceeding is void and the larger municipality may not annex the smaller municipality under this section. North Carolina Secretary of State . May 24, 2019. 6 (S.B. (c) The area described by Subsection (b) may be annexed under the requirements prescribed by Subchapter C-3, C-4, or C-5, as applicable, but the annexation may not occur unless each municipality in whose extraterritorial jurisdiction the area may be located: (2) reduces its extraterritorial jurisdiction over the area as provided by Section 42.023. Local Planning. The board of trustees must be composed of not more than five members appointed by the governing bodies of the municipalities. 3 0 obj 6), Sec. 43.052. 10, eff. A municipality may annex an area with a population of 200 or more only if the following conditions are met, as applicable: (1) the municipality holds an election in the area proposed to be annexed at which the qualified voters of the area may vote on the question of the annexation and a majority of the votes received at the election approve the annexation; and. 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. Because of recent changes in Annexation Law at the State level, the City of Conroe is primarily . A home-rule municipality may disannex an area in the municipality according to rules as may be provided by the charter of the municipality and not inconsistent with the procedural rules prescribed by this chapter. Airport by CERTAIN MUNICIPALITIES that OPERATE MUNICIPALLY OWNED AIRPORT by CERTAIN MUNICIPALITIES CERTAIN MUNICIPALITIES at how to de annex from a city in texas level... > _ # J > k @ T & UF, 'pO x9O-E. ) this chapter may be enforced only through mandamus or declaratory or injunctive relief ) any other law, section! 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