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9-41MV10411 91 4 1�� iiii liii <br />In many parts of the U.S., county governments are considered to be "caretakers"' of the unincorporated <br />areas, under the presumption that at some time in the future, they will be included within municipal <br />boundaries. Nevertheless, when cities consider annexation and/or disannexation of properties.. there <br />are fundamental considerations that should be applied pr"lior to those decisions. This report attempts to <br />address these considerations. <br />q III III! <br />1. Annexation Procedural Methods: <br />Under 1999's SB 89, there are two basic annexation procedural methods, each of which is based <br />either on the inclusion or exclusion of an area in a city's annexation plan.- <br />(A) Annexation of an area that is exempt from the annexation plan requirement; and <br />(B) Annexation after Dec. 31, 2002 of area included in an annexation plan. <br />if an area is not exempt., a city must place it in an annexation plan and wait three years to <br />annex the area under the procedures established by Chapter 43, subchapter C, "Annexation <br />Procedures for Areas Annexed Under Municipal Annexation Plan." <br />SB 89 required that every city in Texas adopt an annexation plan that became effective no later <br />than December 1, 1999. The plan must identify annexations that will occur beginning three <br />years after the date the plan is adopted. <br />However,, certain kinds of areas are exempt from the plan requirement. For example, if an area <br />IfIcontains fewer than 100 separate tracts of land on which one or more residential dwell* <br />ings are <br />located on each tract,"' the area 'I's not required to be placed in an annexation plan. Also,, if the <br />4 <br />land 'i's annexed by petition of area landowners or voters, the area is not required to be in a plan, <br />Further, a city can amend the plan to include new areas, but the city may not annex these areas <br />until three years after said area is included in the plan. There are also time limitations regarding <br />annexing property if an area is removed from the plan and/or placed back into the plan, There <br />K <br />