194 (S.B. 1, eff. 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. In case of any conflict or ambiguity between this section and any other law or municipal charter provision, this section shall prevail and control. ADDITIONAL REQUIREMENTS FOR ANNEXATION OF CERTAIN COMMERCIAL OR INDUSTRIAL AREAS BY GENERAL-LAW MUNICIPALITIES. § 43.0715. (c) The district attorney has no power, duty, or privilege relating to family law and juvenile matters, including matters involving children's protective services, protective orders under Chapter 71, Family Code, orders under Chapter 159, Family Code, proceedings under Title 3, Family Code, civil commitment matters under Subtitle C, Title 7, Health and Safety Code, or a quo warranto or removal case, except, that if the county attorney fails or refuses to act in a quo warranto or removal case, the district attorney has the power, duty, and privilege to bring a removal of quo warranto action. Sec. (B) Local public opinion may also be considered on farm-to-market and ranch-to-market roads without improved shoulders (Transportation Code, §545.3535(b)). Amended by Acts 1989, 71st Leg., ch. AUTHORITY OF MUNICIPALITY TO ANNEX AREA QUALIFIED FOR AGRICULTURAL OR WILDLIFE MANAGEMENT USE OR AS TIMBER LAND. (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. (3) “Strategic partnership agreement” means a written agreement described by this section between a municipality and a district. 8, Sec. (a) This section applies only to an area: (1) eligible to be the subject of a development agreement under Subchapter G, Chapter, (2) appraised for ad valorem tax purposes as land for agricultural or wildlife management use under Subchapter C or D, Chapter. (c) A municipality may not take property on the island through eminent domain. CHAPTER 152. 341 (S.B. Nothing in this subsection modifies the requirement under Subsection (g) for a service plan to provide a level of services in an annexed area that is equal or superior to the level of services provided within the corporate boundaries of the municipality before annexation. Added by Acts 1999, 76th Leg., ch. (d) The number of assistants and other office personnel employed by the district attorney and the compensation of the personnel are subject to the approval of the Commissioners Court of Potter County. (2) "Limited district" means a district that, pursuant to a strategic partnership agreement, continues to exist after full-purpose annexation by a municipality in accordance with the terms of a strategic partnership agreement. 480, Sec. (B) the landowner fails to accept an offer described by Paragraph (A) within 30 days after the date the offer is made. The prohibition on annexation established by this subsection shall expire on September 1, 1997, or on the date on or before which the municipality and any district may have separately agreed that annexation would not take place whichever is later. § 43.075. The notice must be published as required by Chapter. 1, eff. (b) A colonia that is annexed by a municipality remains eligible for five years after the effective date of the annexation to receive any form of assistance for which the colonia would be eligible if the annexation had not occurred. (b) An agreement under this section is in lieu of annexation by the municipality of the area. 43.0752 by Acts 2001, 77th Leg., ch. (b) The district attorney shall attend each term and session of the district courts of Kleberg and Kenedy Counties and shall represent the state in criminal cases pending in those courts. 1, eff. (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. Added by Acts 1989, 71st Leg., ch. 43.057. 43.159. 6, eff. On receipt of the certified affidavit, the governing body by ordinance may annex the area. The total annual amount of the payments may not exceed the lesser of: (1) the total annual cost to the municipality of providing the water and sanitary sewer utility service, including both capital and operation and maintenance costs and expenses; or. Any period during which the municipality is restrained or enjoined by a court from annexing the area is not included in computing the 90-day period. (1) receive in evidence any documentary evidence or other information the arbitrator considers relevant; (A) the attendance and testimony of witnesses; and. PUBLIC HEARINGS. (2) each municipality in whose extraterritorial jurisdiction the airport is located agrees to the annexation. 1, eff. 4, eff. An amended service plan must provide for services that are comparable to or better than those established in the service plan before amendment. Sept. 1, 1985. (a) When the petition period prescribed by Section, (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. Amended by Acts 1997, 75th Leg., ch. 3(j), eff. 6), Sec. The municipality may amend the plan to specifically identify annexations that may occur beginning on the third anniversary of the date the plan is amended. (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. 248, Sec. (3) the entire water or sewer district would be contained in the annexing municipality after completion of the annexation. (b) Unless otherwise specifically provided by this chapter, this subchapter does not apply to an area that is proposed for annexation by a tier 2 municipality. (c) A municipality shall prepare an annexation plan that specifically identifies annexations that may occur beginning on the third anniversary of the date the annexation plan is adopted. Severe Breaking . (4) "Regional development 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. Sept. 1, 1985. 43.1777. (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. Any attempted annexation of the smaller municipality that does not include the adoption of that comprehensive zoning ordinance is void. Sec. Sept. 1, 1985. (c) Area annexed under Subsection (b) is included in computing the amount of area that a municipality may annex under Section. The salary shall be paid in equal monthly installments and expense claims shall be paid at the end of each month. Let's Customize Your Experience . § 43.075. Amended by Acts 1995, 74th Leg., ch. 216TH JUDICIAL DISTRICT. Sec. 25, eff. 3, eff. (a) The voters of Matagorda County elect a district attorney for the 23rd Judicial District who represents the state in that district court only in that county. The trustees are appointed for the terms and shall perform the duties as provided by the agreement made under Subsection (c) or (d). Sec. 286, Sec. This section grants additional power to the municipality and is cumulative of the municipal charter. 90TH JUDICIAL DISTRICT. 3263), Sec. (c) Before filing the petition, the petitioners and the governing body of the municipality may enter into a development agreement to further cooperation between the municipality regarding the proposed annexation. BOND; COUNTY RISK MANAGEMENT POOL. 1276, Sec. (3) post and maintain the posting on its Internet website of any amendments to remove an area from its annexation plan until the date the municipality may again include the area in its annexation plan. Acts 1985, 69th Leg., ch. Was: $11.95 Now: $8.95. 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. If a petition protesting the annexation of an area under this subchapter is signed by a number of registered voters of the municipality proposing the annexation equal to at least 50 percent of the number of voters who voted in the most recent municipal election and is received by the secretary of the municipality before the date the petition period prescribed by Section. (a) A general-law municipality with a population of more than 5,000 may annex, as provided by this section, an area that is contiguous to the municipality and that is not more than one mile in width. (1) provide for separate elections for the voters of the municipality and for the voters of the area; (2) be issued in the manner provided for other municipal elections; (3) describe the area by metes and bounds; and, (4) provide for voting for or against the proposition: "The annexation of additional area, the assumption by the municipality of all bonded indebtedness and flat rates on the area and due to an irrigation district, water improvement district, or water control and improvement district, and the levy and collection of a tax on all property in the municipality sufficient to pay off and discharge the bonded indebtedness and flat rates.". Jan. 1, 1991. 43.150. The municipality shall publish a second notice in the same manner not less than 7 days and not more than 14 days after the first notice is published. 43.064. 43.181. (g) The municipality shall complete the inventory and make the inventory available for public inspection on or before the 60th day after the date the municipality receives the required information from the service providers under Subsection (c). Texas Local Government Code - LOC GOV'T § 43.075. Sept. 1, 2003. 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. 68°. The voters of the 286th Judicial District elect a district attorney who represents the state in all cases before that district court. (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. 43.129. 6 (S.B. (a) The voters of Liberty County elect a district attorney for the 253rd Judicial District who represents the state in that district only in that county and in all cases before the 75th District Court. 43.119. Sec. Renewal of the service plan is at the discretion of the municipality. If more than one district was created on the same date and the districts are contiguous, the election shall be a combined election of all such districts, with a majority of votes cast by all residents of the districts combined required for dissolution of the districts. (4) the procedure by which the limited district may be dissolved prior to the expiration of any term established under Subdivision (2). (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. (e) The commissioners court of any county in the district may provide the salary of any member of the district attorney's staff and may prescribe as a qualification for retaining a job that a member of the staff reside in the county. Acts 2011, 82nd Leg., R.S., Ch. DEFINITIONS. Acts 1985, 69th Leg., ch. If the municipality disannexes the area under this subsection, the municipality may discontinue providing the area with water and sewer service. 43.022. 4, eff. 1167, Sec. The requirement that construction of capital improvements must be substantially completed within the period provided in the service plan does not apply to a development project or proposed development project within an annexed area if the annexation of the area was initiated by petition or request of the owners of land in the annexed area and the municipality and the landowners have subsequently agreed in writing that the development project within that area, because of its size or projected manner of development by the developer, is not reasonably expected to be completed within that period. (2) was in the extraterritorial jurisdiction of the municipality at the time of annexation only because the territory was contiguous to municipal territory that was less than 1,000 feet in width at its narrowest point. The boundaries are extended on the adoption of the ordinance. (b) A municipality that has annexed area in the district is not required to obtain the consent of any municipality to annex additional area located wholly in the district other than the consent of the other municipalities that have annexed area in the district and have extraterritorial jurisdiction over the area proposed to be annexed. (c) If there is no county attorney in Briscoe, Dickens, Floyd, or Motley County, the district attorney may perform the duties of county attorney for the county. Sept. 1, 1987; Acts 1987, 70th Leg., ch. Added by Acts 1999, 76th Leg., ch. 3, Sec. chapter 42. extraterritorial jurisdiction of municipalities. (a) Subject to Section. 2, eff. Sections 43.028 (c)- (f) apply to the petition and annexation under this section in the same manner in which they apply to the petition and annexation under that section. (a) In this section, "water or sewer district" means a district or authority created under Article III, Section 52, Subsections (b)(1) and (2), or under Article XVI, Section. (b) The district attorney shall represent the state in misdemeanor criminal cases pending in the district and inferior courts of the county. The agreement must be recorded in the deed records of any county in which any land in the district is located. If the area proposed for annexation is located in more than one county, the commissioners court of the county in which the greatest number of residents reside shall select three representatives to negotiate with the municipality, and the commissioners courts of the remaining counties jointly shall select two representatives to negotiate with the municipality. Sec. Read this complete Texas Local Government Code - LOC GOV'T § 43.143. DEFINITIONS. (a) This chapter may be enforced only through mandamus or declaratory or injunctive relief. Sec. 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