16 - DISANNEXATION REQUESTS 36TH N.E.

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PART I: CONTEXT & AUTHORITY section 1. Introduction In many parts of the U.S., county governments are considered to be "caretakers" of the unincorporated areas, under the presumption that at some time in the future, they will be included within municipal boundaries. Nevertheless, when cities consider annexation and /or disannexation of properties, there are fundamental considerations that should be applied prior to those decisions. This report attempts to address these considerations. Section 2: The Context of the Texas Loca I Government Code 1. Annexation Procedural Methods: Under 1999`s SB 89, there are two basic annexation procedural methods, each of which is based either on the inclusion or exclusion of an area in a city's annexation plan: (A) Annexation of an area that is exempt from the annexation plan requirement; and (B) Annexation after Dec. 31, 2002 of area included in an annexation plan. If an area is not exempt, a city must place it in an annexation plan and wait three years to annex the area under the procedures established by Chapter 43, subchapter C, "Annexation Procedures for Areas Annexed Under Municipal Annexation Plan." 2. The Annexation Plan: SB 89 required that every city in Texas adopt an annexation plan that became effective no later than December 1, 1999. The plan must identify annexations that will occur beginning three years after the date the plan is adopted. However, certain kinds of areas are exempt from the plan requirement. For example, if an area "contains fewer than 100 separate tracts of land on which one or more residential dwellings are located on each tract," the area is not required to be placed in an annexation plan. Also, if the land is annexed by petition of area landowners or voters, the area is not required to be in a plan. Further, a city can amend the plan to include new areas, but the city may not annex these areas until three years after said area is included in the plan. There are also time limitations regarding annexing property if an area is removed from the plan and /or placed back into the plan, There