2, eff. 347), Sec. (2) the owner of the right-of-way does not submit a written objection to the municipality before the date of the proposed annexation. This property is currently in the City of Austin's limited purpose jurisdiction and is within Council District 5. (b) The municipality succeeds to the powers, duties, assets, and obligations of the district as provided by this section. ANNEXATION HEARING REQUIREMENTS. Sec. 43.145. 2, eff. Sec. The amount of the taxes shall be determined using rates from the district's most recent tax levies. (1) the authority of the governing body of a district to order an election under Subsection (c) is separate and independent and is the exclusive means of ordering any such election; (2) all or any part of the territory of a district may be incorporated as a Type A, Type B, or Type C municipality, as determined by the governing body of the district ordering the incorporation election under Subsection (c)(1) or (2); and. (8) Section 43.1055 (Road and Right-of-Way). 347), Sec. (3) "Strategic partnership agreement" means a written agreement described by this section between a municipality and a district. 37, eff. (2) "Limited-purpose annexation" means annexation authorized under Section 43.121. (1) may not require the district to provide revenue to the municipality solely for the purpose of obtaining an agreement with the municipality to forgo annexation of the district; and. However, the failure to complete the annexation as provided by this subsection does not prevent the smaller municipality from holding a new election on the question to enable the larger municipality to annex the smaller municipality as provided by this section. Sec. 1, Sec. uQ/S&ix~Fa((]? When all the revenue bonds, warrants, and other obligations are retired in full, the property and other assets of the district shall be distributed among the municipalities as provided by Subsection (c) or (d). 15 0 obj 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. Refunding bonds must bear interest at the same rate or at a lower rate than that borne by the refunded obligations unless it is shown mathematically that a different rate results in a savings in the total amount of interest to be paid. DEFINITIONS. 43.901. (2) offer solid waste management services in the area unless a privately owned solid waste management service provider is unavailable. 42, eff. 1217 (S.B. (j) If the municipality combines the systems or property as provided by Subsection (i), it shall levy on all property subject to taxation by the municipality an annual property tax at a rate that, when combined with other available municipal funds and revenues, is sufficient to pay the principal of and interest on the outstanding obligations. (2) may adopt an ordinance annexing the area. 155 (H.B. 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. Sec. (c) For purposes of this section, "full municipal services" means services provided by the annexing municipality within its full-purpose boundaries, including water and wastewater services and excluding gas or electrical service. House Bill 347, related to ending forced annexation in Texas, became . (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. 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. Pafford Tract 2021 Voluntary Annexation completed 04/13/2021. December 1, 2017. ",#(7),01444'9=82. The municipality may issue refunding bonds or warrants to refund bonds, warrants, or other obligations, including unpaid earned interest on them, that is assumed by the municipality. Amended by Acts 1989, 71st Leg., ch. Amended by Acts 1997, 75th 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. Aug. 28, 1989. (f) The municipality may issue refunding bonds in its own name to refund bonds, warrants, or other obligations, including unpaid accrued interest on an obligation, that is assumed by the municipality. Amended by Acts 1999, 76th Leg., ch. 6), Sec. 55(b), eff. Acts 1987, 70th Leg., ch. Authority to annex by petition (with consent). Added by Acts 1995, 74th Leg., ch. (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. By the end of the first year after the date an area is annexed for limited purposes, the municipality must develop a land use and intensity plan as a basis for services and capital improvements projects planning. Section 43.106 of the Local Government Code requires a municipality that annexed any portion of a county road or an area abutting a county road by granting a petition under former section 43.028 to also annex the full width of the road and adjacent right-of-way. (3) each railroad company that serves the municipality and is on the municipality's tax roll if the company's right-of-way is in the area proposed for annexation. (C) with corporate boundaries contiguous to the boundaries of a district that has entered into a regional participation agreement under this section with another eligible municipality described by Paragraph (A). The construction of the facilities shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. If applicable, the notice for each hearing must include: (1) a statement that the completed annexation of the area will expand the municipality's extraterritorial jurisdiction; (2) a description of the area that would be newly included in the municipality's extraterritorial jurisdiction; (f) In addition to the notice required by Subsection (c), the municipality must give notice by certified mail to: (1) each public entity, as defined by Section 43.053, and utility service provider that provides services in the area proposed for annexation; and. May 24, 2019. Four years ago, the city annexed 2.08, eff. 1, eff. 155 (H.B. (d) Within 10 days after the date on which the election is held, the governing body of the smaller municipality shall canvass the election returns and by resolution shall declare the results of the election. Before any amendment is adopted, the governing body must provide an opportunity for interested persons to be heard at public hearings called and held in the manner provided by Section 43.063. 155 (H.B. Sec. 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. 1167, Sec. The agreement must also provide for the distribution among one or more of the municipalities of the pro rata assets and liabilities located in the unincorporated area and must provide for service to customers in unincorporated areas in the service area of the abolished district. The contract or agreement may contain other terms considered appropriate by the parties. 160A- 31 (b1) (requiring 51% households in a distressed area.) 6 (S.B. (b) The governing body of the smaller municipality may adopt an ordinance ordering an election on the question of consenting to the annexation of the smaller municipality by the larger municipality. 1167, Sec. 6 (S.B. (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. (Name of City/County 2) lies west of (Name of City/County 1) and is the gateway to the jurisdiction. Acts 2019, 86th Leg., R.S., Ch. (2) has the physical and economic characteristics of a colonia, as determined by the Texas Department of Housing and Community Affairs. 1, eff. 347), Sec. Sec. Such disannexation shall not affect the validity of the annexation of other territory. (d) This section does not authorize the municipality to extend its boundaries to include area that is part of or belongs to another municipality. Sept. 1, 1989. SUBCHAPTER C-1. 2.15, eff. Amended by Acts 2003, 78th Leg., ch. Added by Acts 2007, 80th Leg., R.S., Ch. Sec. 149, Sec. The protest must state the name, address, and age of each protester who signs. (b) The municipality may collect signatures on the petition only during the period beginning on the 31st day after the date the governing body of the municipality adopts the resolution under Section 43.0682 and ending on the 180th day after the date the resolution is adopted. (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. (h) If a majority of the voters voting in an election under Subsection (c)(2) or (4) approve the proposition submitted on the form of local government, the county judge of the county in which the municipality or alternate form of local government is located shall order an election for the governing body of the municipality or alternate form of local government to be held on a date that complies with the provisions of the Election Code, except that Section 41.001(a), Election Code, does not apply. 2 0 obj This section grants additional power to the municipality and is cumulative of the municipal charter. ANNEXATION OF AREAS WITH POPULATION OF LESS THAN 200 BY PETITION. Amended by Acts 1991, 72nd Leg., ch. 692 (H.B. Sec. <>>> 63, eff. b. 155 (H.B. (g) A strategic partnership agreement that provides for the creation of a limited district under Subsection (f)(6) shall include provisions setting forth the following: (1) the boundaries of the limited district; (2) the functions of the limited district and the term during which the limited district shall exist after full-purpose annexation, which term may be renewed successively by the governing body of the municipality, provided that no such original or renewed term shall exceed 10 years; (3) the name by which the limited district shall be known; and. 225 (H.B. 12 0 obj (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. 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