The ordinance does not take effect unless a majority of the votes received in the election favor the ordinance. Added by Acts 2011, 82nd Leg., R.S., Ch. Sec. (j) Notwithstanding any other law, a program or project to be funded and any bonds to be issued by a district to make payments under a regional participation agreement are not subject to review or approval by the Texas Commission on Environmental Quality. 43.002. Sec. Since League City is one of the fastest growing cities in Galveston County, or in Texas for that matter it's a good thing they had the fore sight to locate a Tax annex in the northern part of the county!!! Sept. 1, 1999. 6 (S.B. The offices in the smaller municipality are abolished and the persons holding those offices are not entitled to further remuneration or compensation. 1217 (S.B. (c) The governing body may acquire land in the added area by purchase, condemnation, or gift. Acts 2017, 85th Leg., 1st C.S., Ch. May 24, 2019. Sept. 1, 1987. Sec. (b) On adoption of the ordinance, the governing body shall enter in the minutes or records of the municipality an order discontinuing the area. (b) A person residing in an annexed area subject to a service plan may apply for a writ of mandamus against a municipality that fails to provide access to services in accordance with Subsection (a). (b) 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: (1) was annexed before September 1, 1999; and. WIDTH REQUIREMENT FOR DISANNEXATION. (a) Notwithstanding Subchapter C-4 or C-5, a municipality that has a population of 74,000 to 99,700, that is located wholly or partly in a county with a population of more than 1.8 million, and that completely surrounds and is contiguous to a general-law municipality with a population of less than 600, may annex the general-law municipality as provided by this section. (d) The petition must include a map of and describe the area proposed to be annexed. 1217 (S.B. 37, eff. 2.11, eff. 1, eff. The annexation of Texas contributed to the coming of the Mexican-American War (1846-1848). Sec. (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. (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. 4. If a court issues a writ under this subsection, the court: (1) must provide the municipality the option of disannexing the area within a reasonable period specified by the court; (2) may require the municipality to comply with the service plan in question before a reasonable date specified by the court if the municipality does not disannex the area within the period prescribed by the court under Subdivision (1); (3) may require the municipality to refund to the landowners of the annexed area money collected by the municipality from those landowners for services to the area that were not provided; (4) may assess a civil penalty against the municipality, to be paid to the state in an amount as justice may require, for the period in which the municipality is not in compliance with the service plan; (5) may require the parties to participate in mediation; and. (b) The governing body must conduct at least one additional public hearing not earlier than the 31st day and not later than the 90th day after the date the governing body adopts a resolution under Section 43.0692. (d) A regional participation agreement may provide for the funding of any program or project, whether individual, intermittent, or continuing and whether located or conducted within or outside the boundaries of a party, for the planning, design, construction, acquisition, lease, rental, installment purchase, improvement, provision of furnishings or equipment, rehabilitation, repair, reconstruction, relocation, preservation, beautification, use, execution, administration, management, operation, or maintenance of any works, improvements, or facilities, or for providing any functions or services, whether provided to, for, by, or on behalf of a party, that provide a material benefit to each party in the accomplishment of the purposes of each party, related to: (1) mobility or transportation, including mass transportation, traffic circulation, or ground, air, rail, water, or other means of transportation or movement of people, freight, goods, or materials; (2) health care treatment, research, teaching, or education facilities or infrastructure; (3) parks or recreation, open space, and scenic, wildlife, wetlands, or wilderness areas; (4) public assembly or shelter, including halls, arenas, stadiums or similar facilities for sporting events, exhibitions, conventions, or other mass assembly purposes; (5) environmental preservation or enhancement, including air or water quality protection, improvement, preservation, or enhancement, and noise abatement; (6) the supply, conservation, transportation, treatment, disposal, or reuse of water or wastewater; (7) drainage, stormwater management or detention, and flood control or prevention; (8) solid waste collection, transfer, processing, reuse, resale, disposal, and management; or. The municipality shall perform the duties and other functions imposed by law or contract on the governing body of the district relating to the district's outstanding bonds, warrants, or other obligations and shall separately perform the duties and other functions relating to the bonds, warrants, and other obligations of the municipal system. Sec. 1, eff. (b) If, before its abolition, the district voted to issue bonds to provide waterworks, sanitary sewer facilities, or drainage facilities and if some or all of the bonds were not issued, sold, and delivered before the abolition, the governing body of the municipality may issue and sell municipal bonds in an amount not to exceed the amount of the unissued district bonds to carry out the purposes for which the district bonds were voted. 43.0753. 1064, Sec. Aug. 28, 1989. (i) On the annexation, all claims, fines, debts, or taxes due and payable to the smaller municipality become due and payable to the larger municipality and shall be collected by it. 149, Sec. (g) The municipality may designate all or part of the added area as an industrial district, as the term is customarily used, and may treat the designated area in a manner considered by the governing body to be in the best interest of the municipality. (4) that is the subject of an industrial district contract under Section 42.044. The refunding bonds must be issued in the manner provided by Chapter 1207, Government Code. (B) in any manner that complies with Subchapter J, Chapter 49, Water Code. September 1, 2021. 2015 Annual Plan Description. 3(k), eff. PRESS RELEASE: CITY OF DEL RIO ECONOMIC DEVELOPMENT CORPORATION APPROVES INCENTIVES FOR TEXAS ROADHOUSE DEVELOPER. 1.01(17), eff. David T. Friendswood, TX . (2) that the abolition of the district is in the best interests of the residents and property in the municipality and the district. Acts 2007, 80th Leg., R.S., Ch. That comprehensive zoning ordinance may not be repealed or amended for a period of 10 years unless the written consent of the landowners who own at least two-thirds of the surface land of the annexed smaller municipality is obtained. 43.905 by Acts 2001, 77th Leg., ch. (b) If the municipality does not obtain the number of signatures on the petition required to annex the area, the municipality may not annex the area and may not adopt another resolution under Section 43.0682 to annex the area until the first anniversary of the date the petition period ended. Sept. 1, 1995. Sec. 347), Sec. <> (e) The deadline imposed by Subsection (d)(2) does not apply to an area that: (1) is owned by the United States, this state, or a political subdivision of this state; (2) is located outside the boundaries of a water control and improvement district or a municipal utility district; and. 1062, Sec. 1167, Sec. endobj 347), Sec. 293, Sec. (f) A district, eligible municipality, or person may join or become a party to a regional participation agreement in the manner authorized in the agreement. 36, eff. The abolition agreement must provide for the distribution of assets and liabilities as provided by Subsection (c). 787, Sec. PROPERTY OWNER CONSENT REQUIRED FOR CERTAIN AREAS. (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. 2, eff. 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. 6), Sec. Added by Acts 1999, 76th Leg., ch. (d) Section 43.054 does not apply to the annexation of a right-of-way under this section. June 20, 2003. Acts 2019, 86th Leg., R.S., Ch. NOTICE OF PROPOSED ANNEXATION. The amount of the taxes shall be determined using rates from the district's most recent tax levies. June 10, 2019. 4257), Sec. December 1, 2017. May 24, 2019. December 1, 2017. (2) follow the course of the road or highway. (b) The municipality may annex the area if: (1) none of the area is more than five miles from the municipality's boundaries; (2) none of the area is in another municipality's extraterritorial jurisdiction; and. Aug. 28, 1989. (f) During the period of limited-purpose annexation: (1) the district may not use bond proceeds to pay for impact fees but must comply with other items in its consent agreement with the municipality; (A) must continue to provide wholesale water and sewer service as provided by the consent agreement; and, (B) is relieved of service obligations in the district that are not provided to other territory annexed for limited purposes or required by the annexation alteration agreement between the municipality and the district; and. Acts 1987, 70th Leg., ch. 1596), Sec. 1024), Sec. 43.130. On or after the 15th day but before the fifth day before the date of the first election held in which the residents of an area annexed for limited purposes are entitled to vote, the municipality shall publish notice in the form of a quarter-page advertisement in a newspaper of general circulation in the municipality notifying the residents that they are eligible to vote in the election and stating the location of all polling places for the residents. (7) a regulation relating to the sale and use of fireworks. (2) "Delinquent sum" means the sum a municipality has failed to timely pay to a landowner or developer under Subsection (b). (3) the entire water or sewer district would be contained in the annexing municipality after completion of the annexation. 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. Notice of public hearings conducted by the governing body of a district under this subsection shall be given in accordance with the district's notification procedures for other matters of public importance. The City will continue to consider SPAs with utility districts for the purpose of limited purpose annexation within the City's ETJ. Acts 2019, 86th Leg., R.S., Ch. 597, Sec. 43.147. WRITTEN AGREEMENT REGARDING SERVICES. 6 (S.B. Added by Acts 2021, 87th Leg., R.S., Ch. (3) a description, list, and schedule of services to be provided by the municipality in the area on or after annexation as provided by Section 43.0682. RESULTS OF PETITION. The governing body of a municipality may not adopt a strategic partnership agreement before the agreement has been adopted by the governing body of the affected district. 1217 (S.B. June 18, 2003. 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. Acts 2019, 86th Leg., R.S., Ch. On finding that the municipality has failed to annex the area as required by Section 43.127(a), the court shall enter an order requiring the municipality to annex the area for full purposes or to disannex the area. Sept. 1, 1991. 2, eff. On the distribution, the board is abolished. Sec. Acts 2019, 86th Leg., R.S., Ch. 149, Sec. December 1, 2017. PROVISION OF CERTAIN SERVICES TO ANNEXED AREA. Amended by Acts 1989, 71st Leg., ch. Proof of the posting and publication must be made by attaching to the petition presented to the secretary: (1) the sworn affidavit of any voter who signed the petition, stating the places and dates of the posting; and. (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. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. 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. 2.09, eff. PUBLIC HEARINGS. (b) Upon resumption of the functions of the special district: (1) the municipality shall succeed to the contractual rights of the developer to be reimbursed by the special district for the utilities the municipality acquires from the developer; and. 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