Texas Local Government Code - Section 43.032. Authority Of Certain Type A General-Law Municipalities To Annex An Area Upon Petition By Owners
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§ 43.032. AUTHORITY OF CERTAIN TYPE A GENERAL-LAW
MUNICIPALITIES TO ANNEX AN AREA UPON PETITION BY OWNERS. (a) The
governing body of a general- law municipality with a population of
1,500 to 1,599 may annex an area:
(1) that is adjacent to the annexing municipality;
(2) that is not being served with water or sewer
service from a governmental entity; and
(3) for which a petition requesting annexation has
been filed with the municipality.
(b) A petition requesting annexation filed under Subsection
(a)(3) must:
(1) describe the area to be annexed by metes and
bounds;
(2) be signed by each owner of real property in the
area to be annexed; and
(3) be filed with the secretary or clerk of the
municipality.
(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. The agreement must be attached
to the petition and may allow:
(1) a facility or service, including optional, backup,
emergency, mutual aid, or supplementary facilities or services, to
be provided to the area or any part of the area by the municipality,
a landowner, or by any other person;
(2) standards for requesting and receiving any form of
municipal consent or approval required to perform an activity;
(3) remedies for breach of the agreement;
(4) the amendment, renewal, extension, termination,
or any other modification of the agreement;
(5) a third-party beneficiary to be specifically
designated and conferred rights or remedies under the agreement;
and
(6) any other term to which the parties agree.
(d) If the governing body certifies that the petition meets
the requirements of this section and agrees to enter any proposed
development agreement attached to the petition, the governing body
by ordinance may annex the area. On the effective date of the
ordinance, the area is annexed.
(e) If the area is annexed, the municipality shall:
(1) file a certified copy of the ordinance together
with a copy of the petition, including any attached development
agreement, in the office of the county clerk of the county in which
the municipality is located and with each party to the agreement;
and
(2) provide a copy of the filed documents to each
landowner in the area.
(f) The annexation of an area under this section does not
expand the extraterritorial jurisdiction of the municipality.
Sections 42.021 and 42.022 do not apply to an annexation made under
this section.
Added by Acts 2005, 79th Leg., ch. 972, § 1, eff. June 18, 2005.
Section: 43.025 43.026 43.027 43.028 43.029 43.030 43.031 43.032 43.033 43.034 43.051 43.052 43.053 43.054 43.0545
Last modified: August 11, 2007
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