The municipality may allocate overhead expenses between any two or more systems in direct proportion to the gross income of each system. (9) public safety and security, including law enforcement, firefighting and fire prevention, emergency services and facilities, and homeland security. Dan.Borgeson@tdem.texas.gov (512) 424-0002. The municipality may pledge the net revenues of the district utility system or property to the payment of those bonds, warrants, or other obligations. All boxes/bags (Limit 4) must be in the trunk of your vehicle for NO CONTACT shredding. A municipality may not be incorporated in an area annexed for limited purposes unless the annexing municipality gives its consent. (1) require the creation of another political subdivision; (2) require a landowner in the area to fund the capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395 unless otherwise agreed to by the landowner; (3) provide services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the municipality before annexation; (4) provide services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the area before annexation; or. 1217 (S.B. (b) Payments made under Subsection (a)(2) are operation and maintenance expenses of the district and shall be made at least every three months. REPORT REGARDING PLANNING STUDY AND REGULATORY PLAN. Sec. Sec. 3, eff. endobj Amended by Acts 1989, 71st Leg., ch. CALHOUN, John C. Served as Secretary of State in the Cabinet of President John Tyler, 1844-1845, and participated in the annexation negotiations. Sept. 1, 1999. Acts 1987, 70th Leg., ch. The annexation proposition shall be stated to allow the voters of the area to be annexed to choose between either annexation or providing the municipality with the authority to adopt and enforce an ordinance regulating the land use in the area in the manner recommended by the most recent joint land use study. Acts 2019, 86th Leg., R.S., Ch. 38, eff. 1420, Sec. The bonds must be sold at not less than par value and accrued interest, and must mature, bear interest, and be subject to approval by the attorney general and to registration by the comptroller of public accounts as provided by law for other general obligation bonds of the municipality. (8) such other lawful terms that the parties consider appropriate. Sec. (h) If the annexed smaller municipality has on hand any bond funds for public improvements that are not appropriated or contracted for, the funds shall be kept in a separate special fund to be used only for public improvements in the area for which the bonds were voted. 12 0 obj Any attempted annexation of the smaller municipality that does not include the adoption of that comprehensive zoning ordinance is void. (b) At least one of the hearings must be held in the area proposed for annexation if a suitable site is reasonably available and more than 10 percent of the adults who are permanent residents of the area file a written protest of the annexation with the secretary of the municipality within 10 days after the date of the publication of the notice required by this section. Acts 2017, 85th Leg., 1st C.S., Ch. 43.908. Funny. (d) The petition must include a map of and describe the area proposed to be annexed. Unlike other states, Texas does not allow for consolidated city-county governments. A municipality may not annex for limited purposes any strip of territory, including a strip following the course of a road, highway, river, stream, or creek, that is, at its narrowest point, less than 1,000 feet in width and is located farther than three miles from the preexisting boundaries of the municipality, unless the area is annexed under Section 43.129. SUBCHAPTER C-4. Added by Acts 1999, 76th Leg., ch. (a) In this section, "defunding municipality" means a home-rule municipality that is considered to be a defunding municipality under Chapter 109. (f) The annexation of area under this section outside the extraterritorial jurisdiction of the annexing municipality does not expand the extraterritorial jurisdiction of the municipality. The law still allows for annexation at the request of a property owner. 1. 347), Sec. 28, eff. NOTICE OF PROPOSED ANNEXATION. xXmOH,Q^SI}H@${y)^'vgYlN'G%y@2y2K&K+^]k X1*Xn.(PoU54+/>_#J>k@T&UF, 'pO&x9O-E!i!A MAXIMUM AMOUNT OF ANNEXATION EACH YEAR. Sec. For an annexation occurring after the effective date of this Act, a delinquent sum begins incurring a penalty on the first day after the date the municipality enacts its annexation ordinance. A road sign outside of Mesquite city limits in Dallas County. December 1, 2017. 1, Sec. (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. The notice may not be smaller than one-quarter page of a standard-size or tabloid-size newspaper, and the headline on the notice must be in 18-point or larger type. May 24, 2019. Exercise. 155 (H.B. 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. Added by Acts 1999, 76th Leg., ch. 43.0663. 149, Sec. (p) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. PUBLIC HEARING. 2.16, eff. Amended by Acts 1999, 76th Leg., ch. June 17, 1997. PERIOD FOR COMPLETION OF ANNEXATION. 1015), Sec. 43.004. 423 (S.B. House Bill 347, related to ending forced annexation in Texas, became . (o) Repealed by Acts 2019, 86th Leg., R.S., Ch. May 24, 2019. The service plan may be amended to extend the period for construction if the construction is proceeding with all deliberate speed. (m) Notwithstanding any defect, ambiguity, discrepancy, invalidity, or unenforceability of a regional participation agreement that has been voluntarily entered into and fully executed by the parties, or any contrary law, common law doctrine, or municipal charter provision, and for the duration of any annexation deferral period established in the agreement during which a district continues to perform its obligations under the agreement: (1) Section 42.023 and any other law or municipal charter provision relating to the reduction of the extraterritorial jurisdiction of an eligible municipality that is a party do not apply, and Sections 42.041(b)-(e) do not apply to any land or owner of land within a district that is a party; (2) the governing body of an eligible municipality that is a party may not initiate or continue an annexation proceeding relating to that area but may include the area covered by the agreement in a municipal annexation plan; and. (15) any other provision or term to which the parties agree. 43.0698. AUTHORITY OF ADJACENT MUNICIPALITIES TO CHANGE BOUNDARIES BY AGREEMENT. 2, eff. 8.285, eff. 43.0684. 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. (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. Sec. (3) any proposal the municipality has to abate, reduce, or limit any financial impact on the district. Acts 2017, 85th Leg., 1st C.S., Ch. (3) the right-of-way of any public road or highway connecting the reservoir to the municipality by the most direct route. To compensate the developer for the municipality's use of the infrastructure facilities pending the determination of the reimbursement amount, all interest accrued on the escrowed funds shall be paid to the developer whether or not the annexation is valid. Sec. December 1, 2017. 155 (H.B. (g) If only part of the area in the district becomes a part of the municipality, 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. 347), Sec. 1167, Sec. (e) In this section, "district" means a conservation and reclamation district of more than 10,000 acres that provides water and sanitary sewer utility 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. This is required for city-initiated annexations, and for petitions for annexation for voluntary annexation under the G.S. View information and documents regarding current or recent annexations. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Acts 1987, 70th Leg., ch. 2.12, eff. (a) A municipality may not regulate under Section 43.0751 the sale, use, storage, or transportation of fireworks outside of the municipality's boundaries. Sept. 1, 1991; Acts 1995, 74th Leg., ch. (1) identify the kinds of land use and other regulations that will be imposed in the area if it is annexed for limited purposes; and. June 10, 2019. December 1, 2017. May 24, 2019. Transferred, redesignated and amended from Local Government Code, Section 43.026 by Acts 2017, 85th Leg., 1st C.S., Ch. The prohibition on annexation established by this subsection shall expire on September 1, 1997, or on the date on or before which the municipality and any district may have separately agreed that annexation would not take place whichever is later. 43.141. (c) The municipality may not proceed with the annexation unless the municipality provides the required notice. 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. Sept. 1, 2001. 3(d), eff. Added by Acts 2017, 85th Leg., 1st C.S., Ch. (d) The municipality may annex the area even if part of the area is outside the municipality's extraterritorial jurisdiction or is narrower than the minimum width prescribed by Section 43.054. 6), Sec. Transferred, redesignated and amended from Local Government Code, Section 43.027 by Acts 2017, 85th Leg., 1st C.S., Ch. (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. 1, eff. 43.064. Sec. (c) A municipality may annex the area described by this section without the consent of any owners or residents of the area under the procedures prescribed by Subchapter C-1 if there are no owners other than the municipality or residents of the area. 1076 (S.B. (b) A municipality that has annexed area in the district is not required to obtain the consent of any municipality to annex additional area located wholly in the district other than the consent of the other municipalities that have annexed area in the district and have extraterritorial jurisdiction over the area proposed to be annexed. 11, eff. 3(k), eff. (d) On the adoption of the ordinance, the district is abolished, the property and other assets of the district vest in the municipality, and the municipality assumes and becomes liable for the bonds and other obligations of the district. 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. 3(k), eff. 149, Sec. Amended by Acts 1989, 71st Leg., ch. The funds deposited in the depository must be insured by an official agency of the United States and must be at least as well insured and protected as funds deposited in the official municipal depository of the municipality. Any disputes regarding the level of services provided under this subsection are resolved in the same manner provided by Subsection (l). The governing body of a municipality by ordinance may annex any navigable stream adjacent to the municipality and within the municipality's extraterritorial jurisdiction under the procedures prescribed by Subchapter C-1. Sept. 1, 1987. 1052 (H.B. Jul 12, 2013 @ 12:50pm . 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