Texas Local Government Code - Section 43.0753. Regional Development Agreements
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Texas Laws > Local Government Code > Texas Local Government Code - Section 43.0753. Regional Development Agreements
§ 43.0753. REGIONAL DEVELOPMENT AGREEMENTS. (a) In this
section:
(1) "District" means a conservation and reclamation
district that is created or operating under Chapters 49 and 54,
Water Code, and that is located entirely within the boundaries of a
planned community and entirely within the extraterritorial
jurisdiction of a municipality.
(2) "Municipality" means a municipality with a
population of 1.6 million or more.
(3) "Planned community" means a planned community of
10,000 acres or more that is subject in whole or in part to a
restrictive covenant that contains an ad valorem-based assessment
on real property used or to be used, in any part, to fund
governmental or quasi-governmental services and facilities within
and for the planned community.
(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.
(b) Notwithstanding any contrary law or municipal charter
provision, the governing body of a municipality and the governing
body of one or more districts may enter into a regional development
agreement to further regional cooperation between the municipality
and the district.
(c) A regional development agreement may allow:
(1) any type of annexation of any part of the land in
the district to be deferred for a mutually agreeable period of time;
(2) facilities or services to be provided to the land
within the district by any party to the agreement or by any other
person, including optional, backup, emergency, mutual aid, or
supplementary facilities or services;
(3) payments to be made by the municipality to the
district or another person or by the district or another person to
the municipality for services provided to the district or
municipality;
(4) standards for requesting and receiving any form of
required consent or approval from the municipality;
(5) a district to issue bonds, notes, refunding bonds,
or other forms of indebtedness;
(6) the coordination of local, regional, and areawide
planning;
(7) remedies for breach of the agreement;
(8) the modification, amendment, renewal, extension,
or termination of the agreement;
(9) any other district to join the agreement at any
time;
(10) third-party beneficiaries to be specifically
designated and conferred rights or remedies under the agreement;
and
(11) any other term to which the parties agree.
(d) A regional development agreement must be:
(1) in writing;
(2) approved by the governing body of the municipality
and the district; and
(3) recorded:
(A) in the real property records of any county in
which any part of a district that is party to the agreement is
located; and
(B) in any manner that complies with Subchapter
J, Chapter 49, Water Code.
(e) Subject to compliance with Subsection (d)(1) and (3),
another district may join or become a party to a regional
development agreement in the manner authorized in the agreement.
(f) A regional development agreement does not need to
describe the land contained within the boundaries of a district
that is a party to the agreement. The agreement must be recorded in
the deed records of any county in which any land in the district is
located.
(g) A regional development agreement binds each party to the
agreement and each owner and future owner of land that is subject to
the agreement. If a party or landowner is excluded or removed from
an agreement, the removal or exclusion is effective on the
recordation requirement of Subsection (d)(3).
(h) A regional development agreement may not require a
district to provide public services and facilities to a person to
whom the district is not otherwise authorized to provide services
or facilities or to make payments from any source from which the
district is not otherwise authorized to make payments.
(i) A district may contract with any person for services or
facilities to be provided at no cost to the district or for the
payment of funds by the person in support of a regional development
agreement.
(j) A regional development agreement and any action taken
under the agreement is not subject to any method of approval under
the Water Code or any method of appeal under the Water Code.
(k) Notwithstanding any defect, ambiguity, discrepancy,
invalidity, or unenforceability of a regional development
agreement that has been voluntarily entered into and fully executed
by the parties thereto, or any contrary law, common law doctrine, or
municipal charter provision, and for the duration of any annexation
deferral period established in the regional development agreement
during which a district continues to perform its obligations under
the regional development agreement:
(1) Sections 42.023 and 42.041(b)-(e) do not apply to
any land or owner of land within a district that is a party to the
regional development agreement; and
(2) the governing body of the municipality may not
include the area covered by the regional development agreement in a
municipal annexation plan and may not initiate or continue an
annexation proceeding relating to that area after the effective
date of this section.
(l) This section shall be liberally construed so as to give
effect to its legislative purposes and to sustain the validity of a
regional development agreement if the agreement was entered into
under or in anticipation of this section.
Added by Acts 1999, 76th Leg., ch. 293, § 2, eff. May 29, 1999.
Renumbered from § 43.0752 by Acts 2001, 77th Leg., ch. 1420, §
21.001(83), eff. Sept. 1, 2001.
Section: 43.0715 43.072 43.073 43.074 43.075 43.0751 43.0752 43.0753 43.076 43.0761 43.079 43.080 43.081 43.101 43.102
Last modified: August 11, 2007
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