A digital map required under this subsection must be made available without charge and in a format widely used by common geographic information system software or in any other widely used electronic format if the municipality does not have common geographic information system software. 155 (H.B. (g) In the annexation ordinance, the larger municipality shall adopt, for application in the area zoned by the smaller municipality, the identical comprehensive zoning ordinance that the smaller municipality applied to the area at the time of the election. Acts 2009, 81st Leg., R.S., Ch. 43.0117. CERTAIN STRIP ANNEXATIONS PROHIBITED. (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. (a) This chapter may be enforced only through mandamus or declaratory or injunctive relief. 43.0697. 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. 1167, Sec. endobj 6), Sec. (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. CONSENT REQUIREMENT FOR ANNEXATION OF AREA IN CERTAIN CONSERVATION AND RECLAMATION DISTRICTS. Acts 2007, 80th Leg., R.S., Ch. 8Oih-Dsu^ua[8.>iOZK e>HO YfkMW4N0^JPtoPysfW{ag {V6bb,+-CBT&YJFf+p'x 4Ejh~'(I})@ZGmFfFoTA6ylUu[D}C Ul_.zI{0Bw!wq|6;=Bmq-\}HqgooB 1.01, eff. 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. 3 0 obj Sec. <> (a) Land on an island bordering the Gulf of Mexico that is not accessible by a public road or common carrier ferry facility may not be annexed by a municipality without the consent of the owners of the land. If the area to be annexed exceeds the amount of area the municipality would otherwise be able to annex, the municipality may annex the area but may not annex additional area during the remainder of that calendar year, except area subject to Subsection (b) and area that is excluded from the computation under Section 43.055. 347), Sec. . Acts 2019, 86th Leg., R.S., Ch. If the municipality maintains an Internet website, the municipality shall make the digital map available on the municipality's website. 43.001. 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. (a) If the municipality fails to annex the area for full purposes as required by Section 43.127(a), any affected person may petition the district court to compel the annexation of the area for full purposes or the disannexation of the area. Sec. JERRY E. DRAKE, JR. Deputy City Attorney 215 E. McKinney Denton, TX 76201 (940) 349-8333 Jerry Drake is a Deputy City Attorney for the Denton City Attorney's Office, where he is assigned primarily to land use issues and litigation. 82, eff. AUTHORITY TO ANNEX LIMITED TO EXTRATERRITORIAL JURISDICTION. 11 0 obj May 24, 2019. 1163 (H.B. Sept. 1, 1999. 43.908. 347), Sec. MAXIMUM AMOUNT OF ANNEXATION EACH YEAR. (k) On approval by the governing body, the service plan is a contractual obligation that is not subject to amendment or repeal except that if the governing body determines at the public hearings required by this subsection that changed conditions or subsequent occurrences make the service plan unworkable or obsolete, the governing body may amend the service plan to conform to the changed conditions or subsequent occurrences. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (5) "Regional participation agreement" means a contract or agreement entered into under this section or in anticipation of the enactment of this section and any amendment, modification, supplement, addition, renewal, or extension to or of the contract or agreement or any proceeding relating to the contract or agreement. 1167, Sec. 1, Sec. An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. 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. 1, eff. 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 part of the district area becomes a part of the municipality. 43.0685. Renumbered from Sec. (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). May 24, 2019. September 1, 2011. 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. (b) Payments made under Subsection (a)(2) are operation and maintenance expenses of the district and shall be made at least every three months. If proceedings are completed while the election is pending, the annexation, to the extent that it includes area in the district, takes effect only if the election results in the defeat of the question and, in that case, it takes effect on the date the result of the election is officially declared. 43.052. CONTINUATION OF LAND USE. 6), Sec. Sept. 1, 1999. Sec. 2.07, eff. (c) Notwithstanding any other law, including laws prescribing population or territorial requirements for incorporation under Section 5.901, 6.001, 7.001, or 8.001, the governing body of a district may order an election as provided by this subsection to be held on a uniform election date prescribed by Section 41.001, Election Code. (b) This section does not apply if the district includes area located in more than one municipality. The . (a) 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 is less than 1,000 feet in width at its narrowest point. . The area ceases to be a part of the municipality on the date of the entry of the order. 55(a), eff. (b) A municipality that proposes to annex an area shall provide to each public entity that is located in or provides services to the area proposed for annexation written notice of the proposed annexation within the period prescribed for providing the notice of, as applicable: (c) A municipality that proposes to enter into a strategic partnership agreement under Section 43.0751 shall provide written notice of the proposed agreement within the period prescribed for providing the notice of the first hearing under Section 43.0751 to each political subdivision that is located in or provides services to the area subject to the proposed agreement. 1.01(4), eff. (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. As Venice's UA clearly states that they cannot build settlers, settle cities, or annex cities. May 1, 1997; Acts 1999, 76th Leg., ch. (2) the owner of the right-of-way does not submit a written objection to the municipality before the date of the proposed annexation. (B) a completed application for the initial authorization was filed with the governmental entity before the date the annexation proceedings were instituted. PROVISION OF CERTAIN SERVICES TO ANNEXED AREA. 28, eff. The contract may not impair the obligation of another contract of the municipality or district. (p) Repealed by Acts 2017, 85th Leg., 1st C.S., Ch. <> 347), Sec. (2) contiguous to the corporate boundaries of the municipality or an area annexed by the municipality for limited purposes, unless the district consents to noncontiguous annexation under a strategic partnership agreement with the municipality. WRITTEN AGREEMENT REGARDING SERVICES. (2) must provide benefits to each party, including revenue, services, and regulatory benefits, that must be reasonable and equitable with regard to the benefits provided by the other party. 6), Sec. SUBCHAPTER C-4. 248, Sec. Sept. 1, 1991. 6), Sec. 1468), Sec. (i) A district may contract with any person for services or facilities to be provided at no cost to the district or for the payment of funds by the person in support of a regional development agreement. For more information, contact Rupesh Koshy at 832.393.6552 or Rupesh.Koshy@houstontx.gov. The board shall conduct the election in the area composed of the district and the general-law municipality. June 18, 2003. May 24, 2019. Election method: This method requires the approval of a majority of voters in the proposed annexation area. Sec. (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). 7, eff. 43.0115. (2) if the registered voters of the area do not own more than 50 percent of the land in the area, the petition described by Subdivision (1) is signed by more than 50 percent of the owners of land in the area. 3, eff. 43.125. Acts 2019, 86th Leg., R.S., Ch. endobj The payment to the municipality shall be governed by the requirements of the Texas Natural Resource Conservation Commission. 1.01(17), eff. (c) 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. 1338), Sec. On completion of the public hearings, the service plan shall be attached to the ordinance annexing the area and approved as part of the ordinance. Sec. 43.081. Aug. 28, 1989. JFIF ` ` C <> 43.129. Sec. Amended by Acts 1997, 75th Leg., ch. May 24, 2019. 1.01, eff. (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. (b) On adoption of the ordinance, the governing body shall enter in the minutes or records of the municipality an order discontinuing the area. 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. Sec. 1167, Sec. 1, eff. 2.10, eff. The conflict started, in part, over a disagreement about which river was Mexico's true northern border: the Nueces or the Rio Grande. Sec. (a) A municipal water board that was created by Section 6, Chapter 134, Acts of the 52nd Legislature, Regular Session, 1951, and that continues to exist to preserve a vested right created under that law, remains in existence with full power after the municipality annexes all the area of the water control and improvement district whose functions the municipality assumed and delegated to the water board, so long as the land located in the board's jurisdiction is used for farming, ranching, or orchard purposes. 6), Sec. Land annexed for limited or full purposes under this section shall not be included in calculations prescribed by Section 43.055(a). (f) Chapter 277, Election Code, applies to a petition under this section. Leaders of the Fort Bend County suburb put up signs this week showing that Sugar Land has 117,869 residents - a. 347), Sec. Sec. 3(f), eff. If condemnation is used, the municipality shall follow the condemnation procedure applying to the condemnation of land by the municipality for the purchase of streets. (e) The service plan must also include a program under which the municipality will initiate after the effective date of the annexation the acquisition or construction of capital improvements necessary for providing municipal services adequate to serve the area. b. The ordinance does not take effect unless a majority of the votes received in the election favor the ordinance. Except to the extent it is inconsistent with this section, Chapter 321, Tax Code, governs the imposition, computation, administration, governance, and abolition of the sales and use tax. Training . Added by Acts 1997, 75th Leg., ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 6 (S.B. 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. (f) If the abolished district has outstanding bonds, warrants, or other obligations payable in whole or in part from the net revenue from the operation of the district utility system or property, the affected municipalities shall take over and operate the system or property through a board of trustees as provided by this section. Added by Acts 2007, 80th Leg., R.S., Ch. 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