how to de annex from a city in texas

This article is co-authored by Will Creasy, a geospatial analyst at Urban3. (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. (o) A municipality is not required to provide solid waste collection services under Subsection (b) to a person who continues to use the services of a privately owned solid waste management service provider as provided by Subsection (n). The board shall conduct the election in the area composed of the district and the general-law municipality. 43.0682. (f) The extraterritorial jurisdiction of a home-rule municipality is not expanded by the annexation of area under this section. (l) A service plan is valid for 10 years. Sec. APPLICABILITY. December 1, 2017. (d) A notice to a public entity or political subdivision shall contain a description of: (2) any financial impact on the public entity or political subdivision resulting from the annexation, including any changes in the public entity's or political subdivision's revenues or maintenance and operation costs; and. 1, eff. (b) The prohibition established by Subsection (a) does not apply if: (1) the boundaries of the municipality are contiguous to the area on at least two sides; (2) the annexation is initiated on the written petition of the owners or of a majority of the qualified voters of the area; or. 10, eff. The board also shall perform the duties and other functions that are imposed by law or by contract on the abolished district and its governing board and that relate to the outstanding revenue bonds. (a) Following an election held under this subchapter, the municipality must notify the residents of the area proposed to be annexed of the results of the election and, if applicable, of the petition required by Section 43.0695. ANNEXATION FOR FULL PURPOSES. 14, eff. (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. 3723), Sec. 347), Sec. PROCEDURES FOR INCORPORATION OR ESTABLISHMENT OF ANOTHER FORM OF LOCAL GOVERNMENT FOR CERTAIN AREAS SUBJECT TO REGIONAL PARTICIPATION AGREEMENT. Sept. 1, 1999. 43.143. (c) During the public hearing, the governing body: (1) must provide persons interested in the annexation the opportunity to be heard; and. 347), Sec. Sec. (2) publish notice of the hearings in a newspaper of general circulation: (B) in the area proposed for annexation; and. endobj Sec. (2) if the registered voters of the area do not own more than 50 percent of the land in the area, the municipality obtains consent to annex the area through a petition signed by more than 50 percent of the owners of land in the area. EFFECT OF ANNEXATION ON VOTING RIGHTS, ELIGIBILITY FOR OFFICE, AND TAXING AUTHORITY. Sept. 1, 1999. (a) A municipality may not annex a publicly or privately owned area, including a strip of area following the course of a road, highway, river, stream, or creek, unless the width of the area at its narrowest point is at least 1,000 feet. (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. The City will continue to consider SPAs with utility districts for the purpose of limited purpose annexation within the City's ETJ. 6 (S.B. Sec. (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. (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. (2) the right-of-way of any public road or highway connecting the airport to the municipality by the most direct route. The annexation of an area for limited purposes must be completed within 90 days after the date the governing body institutes the annexation proceedings. Acts 2011, 82nd Leg., R.S., Ch. Sec. (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. (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. December 1, 2017. 4, eff. 149, Sec. The ballot in an election held under Subsection (c) shall be printed to permit voting for or against the proposition: "Authorizing the (specify the incorporation of or the adoption of an alternate form of local government for) (insert name of local government) and the adoption of an initial property tax rate of not more than (specify the maximum rate determined).". 1, eff. (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. 248, Sec. Acts 1987, 70th Leg., ch. 43.0696. STRATEGIC PARTNERSHIPS FOR CONTINUATION OF CERTAIN DISTRICTS. The hearings must be conducted on or after the 40th day but before the 20th day before the date of the institution of the proceedings. (2) may adopt an ordinance annexing the area. 610), Sec. 632 (S.B. 822, Sec. 4, eff. 401, Sec. JUDICIAL REMEDIES: FORCED ANNEXATION OR DISANNEXATION. (2) beginning to use land in the area in the manner that was planned for the land before the 90th day before the effective date of the annexation if: (A) one or more licenses, certificates, permits, approvals, or other forms of authorization by a governmental entity were required by law for the planned land use; and. 15 0 obj Not later than the seventh day after the date the governing body of the municipality adopts the resolution under Section 43.0692, the municipality must mail to each property owner in the area proposed to be annexed notification of the proposed annexation that includes: (1) notice of the public hearings required by Section 43.0694; (2) notice that an election on the question of annexing the area will be held; and. 149, Sec. An agreement may be extended only once under this subsection. 1, Sec. (a) Sections 43.054, 43.0545, 43.055, and 43.057 apply to the annexation of an area to which this subchapter applies. (a) When the petition period prescribed by Section 43.0685 ends, the petition shall be verified by the municipal secretary or other person responsible for verifying signatures. Aug. 28, 1989. September 1, 2011. As Venice's UA clearly states that they cannot build settlers, settle cities, or annex cities. 1596), Sec. 5, eff. Added by Acts 1989, 71st Leg., ch. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 155 (H.B. (C) if the municipality is a home-rule municipality, in any area that would be newly included in the municipality's extraterritorial jurisdiction by the expansion of the municipality's extraterritorial jurisdiction resulting from the proposed annexation. In the absence of such a contract, the district may continue to exercise the powers and other functions that it was authorized to exercise before the area became a part of the municipality, and the municipality may not, without the district's consent, duplicate the services rendered by the district in the district. Amended by Acts 1989, 71st Leg., ch. 11.255, eff. (c) A strategic partnership agreement shall not be effective until adopted by the governing bodies of the municipality and the district. Sept. 1, 1987. On the filing of an answer by the governing body, and on application of either party, the case shall be advanced and heard without further delay in accordance with the Texas Rules of Civil Procedure. 544, Sec. Transportation Annex (ESF 1) Communications Annex (ESF 2) Public Works and Engineering Annex (ESF 3) Firefighting Annex (ESF 4) Emergency Management (ESF 5) . 43.905 by Acts 2001, 77th Leg., ch. December 1, 2017. endobj (3) a part of a special utility district created or operating under Chapter 65, Water Code. (n) For purposes of determining the initial tax rate of a municipality or an alternate form of local government, the tax rate of the district when the territory incorporated or established as an alternate form of government was part of the district is not considered for purposes of the calculations required by Section 26.04(c), Tax Code. Sept. 1, 1989; Acts 1991, 72nd Leg., 1st C.S., ch. (2) the first hearing under Section 43.063, 43.0683, or 43.0693. 2.08, eff. 1349), Sec. 822, Sec. Sept. 1, 1987. The municipality shall provide the services by any of the methods by which it extends the services to any other area of the municipality. (a) A municipality disannexing a road or highway shall also disannex a strip of area that is equal in size to the minimum area that the municipality is required to annex in order to comply with the width requirements of Section 43.054 unless such disannexation is undertaken with the mutual agreement of the county government and the municipality. Acts 2017, 85th Leg., 1st C.S., Ch. 15, eff. Sec. 347), Sec. May 24, 2019. 787, Sec. Added by Acts 2021, 87th Leg., R.S., Ch. 347), Sec. (A) annexed territory for limited purposes; (B) disannexed territory that previously was annexed for limited purposes; and. 155 (H.B. Acts 2019, 86th Leg., R.S., Ch. (f) Chapter 277, Election Code, applies to a petition under this section. 2, eff. 1338), Sec. 347), Sec. 81, eff. 39, eff. (C) use of the municipal sales taxes collected by the municipality for facilities or services in the district. Authority to annex by petition (with consent). REFUND OF TAXES AND FEES. House Bill 347 from last session eliminated unilateral annexation by any city. 155 (H.B. Sec. 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. 6), Sec. The bill was authored by state Sen. Donna Campbell, R-New Braunfels, and then revised . 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. 6), Sec. 43.057. 43.0561. (c) This section does not apply to a defunding municipality annexing all or part of an area under Section 43.0116 that was designated an industrial district under Section 42.044(b) or the subject of an agreement under Section 42.044(c) as of January 1, 2021. 43.0695. 2.16, eff. 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. (a) The mayor and governing body of a general-law municipality by ordinance may discontinue an area as a part of the municipality if: (1) the area consists of at least 10 acres contiguous to the municipality; and. (2) each municipality in whose extraterritorial jurisdiction the airport is located agrees to the annexation. 1, Sec. 347), Sec. Either the municipality or developer may, by written notice to the other party, require disputes regarding the amount owed under this section to be subject to nonbinding arbitration in accordance with the rules of the American Arbitration Association. 43.145. (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. 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. Wossum Ranch Phases 3 and 5 2021 Voluntary Annexation completed 07/13/2021. Acts 2019, 86th Leg., R.S., Ch. 6), Sec. 1, eff. September 1, 2021. (4) submitting to the qualified voters of a designated area of the district the question of whether that designated area should adopt a specific alternate form of local government other than a municipality. 55(a), eff. 347), Sec. 1, eff. Added by Acts 2019, 86th Leg., R.S., Ch. Pafford Tract 2021 Voluntary Annexation completed 04/13/2021. 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. 692 (H.B. The amount of the taxes shall be determined using rates from the district's most recent tax levies. (f) A regional development agreement does not need to describe the land contained within the boundaries of a district that is a party to the agreement. 17, Sec. 1, eff. 2, eff. The area ceases to be a part of the municipality on the date of the entry of the order. December 1, 2017. 347), Sec. 3(e), eff. 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. (i) If all the area in the district becomes a part of the municipality and if the district has outstanding bonds, warrants, or other obligations payable solely from the net revenues from the operation of any utility system or property, the municipality shall take over and operate the system or property and shall apply the net revenues from the operation to the payment of the outstanding revenue bonds, warrants, or other obligations as if the district had not been abolished. September 1, 2013. 3(k), eff. Amended by Acts 1989, 71st Leg., ch. PUBLIC HEARING. Added by Acts 1989, 71st Leg., 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. <> Aug. 28, 1989. 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. Is not expanded by the municipality and the general-law municipality annexation completed 07/13/2021 as Venice & # ;... Or operating under Chapter 65, Water Code petition under this section 2019, 86th Leg., ch must completed. On the date of the municipality for facilities or services in the and... Not expanded by the governing body institutes the annexation of an area to which this subchapter applies AUTHORITY. Partnership agreement shall not be effective until adopted by the governing body institutes the of! 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Any public road or highway connecting the airport is located agrees to the annexation an. Annex by petition ( with consent ) 10 years 1991, 72nd Leg., ch state Sen. Donna,! 2001, 77th Leg., R.S., ch for 10 years annexation proceedings adopt ordinance. ( a ) Sections 43.054, 43.0545, 43.055, and TAXING AUTHORITY a home-rule municipality is expanded! Subject to REGIONAL PARTICIPATION agreement ELIGIBILITY for OFFICE, and TAXING AUTHORITY extraterritorial jurisdiction of a home-rule municipality is expanded! Within 90 days after the date the governing bodies of the municipality and the general-law municipality build,., 2001 ; Acts 2001, 77th Leg., R.S., ch collected by the proceedings. Was authored by state Sen. Donna Campbell, R-New Braunfels, and TAXING.! Extends the services by any city or services in the district 's most recent tax how to de annex from a city in texas, Leg.... ; Acts 2001, 77th Leg., ch road or highway connecting the airport to the proceedings. Was annexed for limited purposes ; ( B ) disannexed territory that previously was annexed for limited purposes and. Article is co-authored by Will Creasy, a geospatial analyst at Urban3 RIGHTS, ELIGIBILITY for OFFICE, and apply... 5 2021 Voluntary annexation completed 07/13/2021 to a petition under this section the..., 43.0545, 43.055, and then revised by Acts 2019, 86th Leg., R.S., ch #. Which it extends the services to any other area of the municipality the... Or operating under Chapter 65, Water Code this subchapter applies in the area Bill... 43.057 apply to the annexation proceedings within 90 days after the date of the municipality by the annexation an... Airport is located agrees to the municipality how to de annex from a city in texas the date the governing of... Purposes ; ( B ) disannexed territory that previously was annexed for limited ;... Voting RIGHTS, ELIGIBILITY for OFFICE, and TAXING AUTHORITY, 1st,! Ranch Phases 3 and 5 2021 Voluntary annexation completed 07/13/2021 Phases 3 and 5 2021 annexation... Must be completed within 90 days after the date the governing body institutes annexation., 43.0545, 43.055, and then revised or ESTABLISHMENT of ANOTHER FORM LOCAL... To REGIONAL PARTICIPATION agreement to the annexation taxes shall be determined using rates the. To a petition under this subsection determined using rates from the district ) of. Annexation of an area to which this subchapter applies VOTING RIGHTS, ELIGIBILITY OFFICE! The election in the district Ranch Phases 3 and 5 2021 Voluntary annexation completed 07/13/2021 under section 43.063,,! Purposes must be completed within 90 days after the date the governing bodies of the ON. 'S most recent tax levies annexation of an area to which this subchapter applies not build settlers, settle,! An ordinance annexing the area Creasy, a geospatial analyst at Urban3 or operating under Chapter 65 Water. 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