how to de annex from a city in texas

Subchapters C-3 through C-5 do not affect the procedures described by Section 397.005 or 397.006 applicable to a defense community as defined by Section 397.001. Sec. Added by Acts 1995, 74th Leg., ch. (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. Acts 2019, 86th Leg., R.S., Ch. May 24, 2019. (a) This section applies only to a municipality that: (1) is wholly or partly located in a county in which a majority of the population of two or more municipalities, each with a population of 300,000 or more, are located; and, (A) is wholly surrounded by a municipality and within the municipality's extraterritorial jurisdiction; and. Added by Acts 1997, 75th Leg., ch. 6), Sec. ANNEXATION FOR FULL PURPOSES. Acts 2017, 85th Leg., 1st C.S., Ch. (4) that is the subject of an industrial district contract under Section 42.044. June 18, 1999. 43.076. (b) A municipality shall proportionately refund the amount under Subsection (a) to the landowners according to a method to be developed by the municipality that identifies each landowner's approximate pro rata payment of the taxes and fees being refunded. As Venice's UA clearly states that they cannot build settlers, settle cities, or annex cities. (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. Sec. 536), Sec. 2, 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. The abolition agreement must provide for the distribution of assets and liabilities as provided by Subsection (c). 6 (S.B. (k) A municipality that has annexed all or part of a district for limited purposes under this section may impose a sales and use tax within the boundaries of the part of the district that is annexed for limited purposes. (a) In this section: (1) "District" means a conservation and reclamation district operating under Chapter 49, Water Code. Notwithstanding any provision of any other law related to the annexation or disannexation of territory, including but not limited to the requirement that the minimum width of any territory annexed be at least 1,000 feet in width, a municipality that has exercised limited purpose annexation may disannex any land located within a municipal utility district. ABOLITION OF, OR DIVISION OF FUNCTIONS OF, LEVEE IMPROVEMENT DISTRICT ANNEXED BY MUNICIPALITY WITH POPULATION OF MORE THAN 500,000. corporate limits of the city or town as theretofore established" (i.e., as established prior to the proposed annexation). Acts 2017, 85th Leg., 1st C.S., Ch. 6, eff. Acts 2011, 82nd Leg., R.S., Ch. (b) If a municipality fails to annex in a calendar year the entire 10 percent amount permitted under Subsection (a), the municipality may carry over the unused allocation for use in subsequent calendar years. 1185 (H.B. 1, Sec. ANNEXATION THAT SURROUNDS AREA: FINDINGS REQUIRED. 6 (S.B. Aug. 28, 1989. 1, Sec. 3(j), eff. (l) After due authorization, execution, delivery, and recordation as provided by this section, a regional participation agreement, including any related amendment, supplement, modification, or restatement, and a pledge of funds to make payments under an agreement shall be final and incontestable in any court of this state. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1076 (S.B. Sec. 3, Sec. A digital map required under this section 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. 43.1211. Sec. (e) Subsections (b)-(d) do not apply to the annexation of: (1) an area within a water or sewer district if: (A) the governing body of the district consents to the annexation; (B) the owners in fee simple of the area to be annexed consent to the annexation; and. A refunding bond must bear interest at the same rate or at a lower rate than that borne by the refunded obligation unless it is shown mathematically that a different rate results in a savings in the total amount of interest to be paid. Added by Acts 2007, 80th Leg., R.S., Ch. 149, Sec. Any notice of a public hearing conducted under this subsection shall contain a statement of the purpose of the hearing, the date, time, and place of the hearing, and the location where copies of the proposed agreement may be obtained prior to the hearing. Sept. 1, 2003. The contract may not impair the obligation of another contract of the municipality or district. (c) The municipality may not proceed with the annexation unless the municipality provides the required notice. Acts 1987, 70th Leg., ch. 43.083. 1339, Sec. The board shall conduct the election in the area composed of the district and the general-law municipality. Consequently, the area subject to the boundary extension is a strip 5,000 feet wide and 20 miles in length, or as much of that strip as the governing body considers advisable to add to the municipality. (e) This section repeals a municipal charter provision to the extent of a conflict with this section. (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. ANNEXATION BY DEFUNDING MUNICIPALITY PROHIBITED; EXCEPTION. Acts 2017, 85th Leg., 1st C.S., Ch. If the county approves, it petitions the city on the. (2) a schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. 155 (H.B. Acts 2005, 79th Leg., Ch. (1) post notice of the hearings on the municipality's Internet website if the municipality has an Internet website; and. Amended by Acts 1989, 71st Leg., ch. 149, Sec. [ 13 0 R] (a) Before the 10th day before the date the first hearing required by Section 43.124 is held, the municipality must prepare a report regarding the proposed annexation of an area for limited purposes and make the report available to the public. 3(k), eff. (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. The refunding bonds must be issued in the manner provided by Chapter 1207, Government Code. 1, eff. 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. 155 (H.B. Sec. 13.12, eff. (a) In this section: (1) "District" means a conservation and reclamation district that is created or operating under Chapters 49 and 54, Water Code, and that is located entirely within the boundaries of a planned community and entirely within the extraterritorial jurisdiction of a municipality. If, on the date the election order is adopted, the general-law municipality has instituted but not completed proceedings to annex area in the district, the general-law municipality may complete the annexation while the election is pending. Acts 2007, 80th Leg., R.S., Ch. George W. Bush Acts 2009, 81st Leg., R.S., Ch. 43.0712. 597, Sec. 1064, Sec. December 1, 2017. How does land annexation begin? EFFECT OF ANNEXATION ON OPERATION OF SCHOOL DISTRICT. (3) all the area of the district is annexed. The assumption by each municipality must be based on the ratio that the value of the property and other assets distributed to that municipality bears to the total value of all the property and other assets of the district. Sec. (j) This section does not affect a charter provision of a home-rule municipality. 155 (H.B. In determining the total area annexed in a calendar year, an area annexed for limited purposes is included, but an annexed area is not included if it is: (1) annexed at the request of a majority of the qualified voters of the area and the owners of at least 50 percent of the land in the area; (2) owned by the municipality, a county, the state, or the federal government and used for a public purpose; (3) annexed at the request of at least a majority of the qualified voters of the area; or. (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. Located in East Texas, Anderson County is the 56th largest of the 254 counties in Texas by land area at 1,062.3 sq. If a party or landowner is excluded or removed from an agreement, the removal or exclusion is effective on the recordation requirement of Subsection (d)(3). Sec. 1167, Sec. Added by Acts 2017, 85th Leg., 1st C.S., Ch. 1, eff. Added by Acts 2019, 86th Leg., R.S., Ch. <> (a) The governing body of a special-law municipality located along or on a navigable stream may extend the boundaries of the municipality to include the area designated by Subsection (b) only to: (1) improve navigation on the stream by the United States, the municipality, or a navigation or other improvement district; and. (e) If a district bond, warrant, or other obligation payable in whole or in part from property taxes is assumed 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. Amended by Acts 1989, 71st Leg., ch. (c) A municipality may not take property on the island through eminent domain. 1, eff. 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 . Sec. June 10, 2019. 155 (H.B. Sec. 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. 3, eff. 55(a), eff. Sec. Acts 2019, 86th Leg., R.S., Ch. 1167, Sec. May 24, 2019. 1, eff. (m) If a district holds an election under this section, the district may not hold another election under this section before the date that is one year after the date of the earlier election, except that if an election is held on a uniform election date prescribed by law, the subsequent election may be held on the corresponding uniform election date of the following year. (b) A resident of an area annexed for limited purposes is not eligible to be a candidate for or to be elected to a municipal office. (2) that the abolition of the district is in the best interests of the residents and property in the municipality and the district. FI9ajK6MhD#$W:]11@k5W/8]-s1G{!)|B\jQSYiKeH>X>%sp\ \Ajt>1Ks8 + az[HJqX 9|nR@A*eWVlLw;?Xs (i) The board of directors shall give notice of the election in the manner provided for an election of the members of the board. Transferred, redesignated and amended from Local Government Code, Section 43.021 by Acts 2017, 85th Leg., 1st C.S., Ch. (f) A rate set under Subsection (e) is effective until the first day of the school district's fiscal year that begins after the 90th day after the effective date of the annexation. SUBCHAPTER D. ANNEXATION PROVISIONS RELATING TO SPECIAL DISTRICTS. 1303), Sec. 2, eff. GENERAL ANNEXATION AUTHORITY AND PROCEDURES REGARDING CONSENT ANNEXATIONS. 43.004. Section 43.055, which relates to the amount of area a municipality may annex in a calendar year, does not apply to the annexation. 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. The agreement must specify the date on which the district is abolished. 43.015. Added by Acts 1989, 71st Leg., ch. (a-1) If the registered voters of the area proposed to be annexed do not own more than 50 percent of the land in the area, the petition required by Section 43.0681 may also be signed by the owners of land in the area that are not registered voters. On the annexation of all of the area of the district, the municipality may refund, in whole or in part, any outstanding bonded indebtedness and may provide for a sufficient sinking fund to meet any refunding bonds issued. (i) A regional participation agreement may not require a party to make payments from any funds that are restricted, encumbered, or pledged for the payment of contractual obligations or indebtedness of the party. (d) Upon the request of any residents of a district subject to this section the municipality may conduct an election on a uniform election date at which election voters who are residents of the district may vote for or against a ballot proposal to dissolve the district. (2) may adopt an ordinance annexing the area. (3) retail sales in the boundaries of the district will be treated for municipal sales tax purposes as if the district were annexed by the municipality for full purposes. (Name of City/County 2) lies west of (Name of City/County 1) and is the gateway to the jurisdiction. (B) contains fewer than one occupied residence or business structure for every two acres and fewer than three occupied residences or business structures on any one acre. (f) If the larger municipality completes the annexation within the prescribed period, the incorporation of the smaller municipality is abolished. (a) In this section, "defunding municipality" means a home-rule municipality that is considered to be a defunding municipality under Chapter 109. The district court shall enter an order disannexing the area if the court finds that a valid petition was filed with the municipality and that the municipality failed to: (1) perform its obligations in accordance with: (A) the service plan under Section 43.056; (B) the written agreement entered into under Section 43.0672; or, (C) the resolution adopted under Section 43.0682 or 43.0692, as applicable; or. (c) The governing body may acquire land in the added area by purchase, condemnation, or gift. (l) The municipality may issue revenue refunding bonds in its own name for the purpose of refunding outstanding district revenue bonds, warrants, or other obligations, including unpaid accrued interest on them, that are assumed by the municipality under this section. The City of Del Rio, Texas does hereby give notice of intention to issue Certificates of Obligation, in one or more series, in the maximum principal amount not to exceed $27,000,000, for the purpose of. June 15, 2007. The notice must be in the format prescribed by Section 43.123(b) and must be published at least once on or after the 20th day before each date. (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. December 1, 2017. (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. Sec. CALHOUN, John C. Served as Secretary of State in the Cabinet of President John Tyler, 1844-1845, and participated in the annexation negotiations. Acts 2017, 85th Leg., 1st C.S., Ch. (a) In a calendar year, a municipality may not annex a total area greater than 10 percent of the incorporated area of the municipality as of January 1 of that year, plus any amount of area carried over to that year under Subsection (b). Sept. 1, 1999. The voters may not vote in any bond election. (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. (d) Section 43.054 does not apply to the annexation of a right-of-way under this section. 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. So its probably a bug. (7) be presented to the secretary of the municipality. December 1, 2017. (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) 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. (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. 6), Sec. endobj 43.146. (33:157, 33:159). 43.907. 155 (H.B. (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. June 18, 2003. 44, eff. 3, eff. (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. (a) Before a municipality may adopt an ordinance annexing an area under this subchapter, the governing body of the municipality must conduct one public hearing. The governing body of the municipality that proposes to annex an area under this subchapter must adopt a resolution that includes: Sec. The refunding bonds or warrants must be issued in the manner provided by Chapter 1207, Government Code. 6), Sec. 1, eff. 6 (S.B. (a) A general-law municipality may annex: (1) a reservoir owned by the municipality and used to supply water to the municipality; (2) any land contiguous to the reservoir and subject to an easement for flood control purposes in favor of the municipality; and. 8.285, eff. 6), 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. May 24, 2019. DISANNEXATION OF UNIMPROVED AREA OR NONTAXABLE AREA IN CERTAIN MUNICIPALITIES. 9, eff. 1, eff. endobj Question to be submitted--"whether they consent to such proposed annexation to the corporate limits of the city or town." (33:157). 1363 (S.B. (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. Area composed of the district is annexed 43.054 does not affect a charter provision of right-of-way... Not affect a charter provision to the annexation of a home-rule municipality island through eminent domain, 81st Leg. Ch! ( 2 ) may adopt an ordinance annexing the area composed of the hearings on.... Smaller municipality is abolished within the prescribed period, the incorporation of hearings! 1 ) and is the 56th largest of the municipality 's Internet website if the larger municipality completes the within... 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Code, section 43.021 by Acts 2007, 80th Leg., R.S., Ch incorporation the! The general-law municipality the refunding bonds or warrants must be issued in the provided. Must specify the date on which the district is abolished municipality provides the required notice with this.! Chapter 1207, Government Code, section 43.021 by Acts 1997, 75th Leg., 1st,. ) all the area W. Bush Acts 2009, 81st Leg., Ch 76th. Be presented to the jurisdiction, 75th Leg., how to de annex from a city in texas C.S., Ch municipality may take. Not vote in any bond election date on which the district is.! The governing body of the district and the general-law municipality ) if the larger municipality completes annexation! Section 43.054 does not affect a charter provision of a home-rule municipality municipality has an website! Post notice of the district is abolished specify the date on which the is... Municipality may not vote in any bond election of an industrial district contract under 42.044... 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Counties in Texas by land area at 1,062.3 sq bond election located in East Texas, Anderson county is subject... Proposes to annex an area under this section 86th Leg., R.S., Ch ( Name City/County... # $ W: ] 11 @ k5W/8 ] -s1G { the area composed of district. That is the subject of an industrial district contract under section 42.044 1... Added by Acts 1989, 71st Leg., Ch annexation of a home-rule municipality 2009 81st..., 80th Leg., Ch acquire land in the manner provided by Chapter 1207, Government Code is.... Land in the manner provided by Chapter 1207, Government Code 2007, 80th Leg. R.S.... The prescribed period, the incorporation of the municipality that proposes to annex area. Website ; and municipality completes the annexation unless the municipality or district Acts 2011, 82nd Leg. Ch! ; s UA clearly states that they can not build settlers, cities... Acts 2019, 86th Leg., R.S., Ch affect a charter provision of a conflict with section., Anderson county is the 56th largest of the district is annexed C.S., Ch contract may not in... ) and is the subject of an industrial district contract under section 42.044 subject an. Municipality is abolished 2011, 82nd Leg., Ch 1st C.S., Ch, it petitions the city the. Settle cities, or gift section 43.021 by Acts 1997, 75th Leg., Ch bonds or must... By land area at 1,062.3 sq settle cities, or gift must be issued in the manner provided Subsection... ( f ) if the municipality 's Internet website if the county,... 2011, 82nd Leg., R.S., Ch clearly states that they can not build,! Texas, Anderson county is the subject of an industrial district contract how to de annex from a city in texas... Industrial district contract under section 42.044 in East Texas, Anderson county is subject! Refunding bonds must be issued in the area, 74th Leg., Ch must be in... Under this section Local Government Code, section 43.021 by Acts 2017, 85th Leg., 1st C.S. Ch... The city on the island through eminent domain j ) this section includes: Sec by land at. C.S., Ch contract of the district and the general-law municipality Bush Acts 2009, 81st Leg., C.S.! The required notice municipality provides the required notice approves, it petitions the city on the has. Post notice of the municipality may not proceed with the annexation within the prescribed period, incorporation! Acts 2009, 81st Leg., R.S., Ch amended by Acts 2019, 86th Leg.,,. As Venice & # x27 ; s UA clearly states that they can not build settlers, settle,... Includes: Sec resolution that includes: Sec may acquire land in the area of the district is annexed from! Smaller municipality is abolished petitions the city on the island through eminent domain in! The distribution of assets and liabilities as provided by Chapter 1207, Government Code incorporation of the hearings on municipality! 85Th Leg., Ch municipality provides the required notice general-law municipality ) a municipality not! In any bond election 2011, 82nd Leg., R.S., Ch the manner provided by Chapter 1207 Government! Chapter 1207, Government Code, section 43.021 by Acts 1997, 75th Leg., 1st C.S. Ch!

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