Texas Local Government Code - Section 43.0712. Invalidation Of Annexation Of Special District; Reimbursement Of Developer
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§ 43.0712. INVALIDATION OF ANNEXATION OF SPECIAL
DISTRICT; REIMBURSEMENT OF DEVELOPER. (a) If a municipality
enacts an ordinance to annex a special district and assumes control
and operation of utilities within the district, and the annexation
is invalidated by a final judgment of a court after all appeals have
been exhausted, the municipality is deemed, by enactment of its
annexation ordinance, to have acquired title to utilities owned by
a developer within the special district and is obligated to pay the
developer all amounts related to the utilities as provided in
Section 43.0715.
(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
(2) the special district shall resume the use of the
utilities acquired and paid for by the municipality and shall
thereafter acquire the utilities from the municipality and
reimburse the municipality for amounts the municipality paid the
developer. The payment to the municipality shall be governed by the
requirements of the Texas Natural Resource Conservation
Commission.
Added by Acts 1999, 76th Leg., ch. 1167, § 10, eff. Sept. 1,
1999.
Section: 43.057 43.061 43.062 43.063 43.064 43.065 43.071 43.0712 43.0715 43.072 43.073 43.074 43.075 43.0751 43.0752
Last modified: August 11, 2007
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