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06 Disannexation , .'.j.:-l' :i: .'~ f .~~ "-'. ORGANIZATION OF MUNICIPAL GOVERNMENT § 43.14. and publication must be made by attaching to the petition presented to the secretary: (1) the sworn affidavit of any voter who signed the petition, stating the places and dates of the posting; and (2) the sworn affidavit of the publisher of the newspaper in which the notice was published, stat- ing the name of the newspaper and the issue and date of publication. Acts 1987, 70th Leg., ch. 149, § 1, err. Sept. 1, 1987. Amend- ed by Acts 1999, 76th Leg., ch. 1167, § 14, err. Sept. 1, 1999. Section 17(d) and (e) of Acts 1999, 76th Leg., ch. 1167 provides: "(d) The changes in law made by this Act in Sections 43.002, 43.054, 43.0545, 43.0546, 43.056(b), (c), (e), (t), (g), (l), (m), (n), and (0), 43.0565, 43.0712, 43.0751, 43.121(a), 43.141(c), 43.148, 43.905, and 43.906, Local Government Code, as added or amended by this Act, apply to the annexation of an area that is not included in the municipality's annexation plan during the period beginning December 31, 1999, and ending December 31, 2002, if the fIrst public hearing required as part of the annexation procedure is conducted on or after September 1, 1999. "(e) The changes in law made by this Act in Sections 43.002, 43.054, 43.0545, 43.0546, 43.056(b), (c), (e), (0, (g), (l), (m), (n), and (0), 43.0565, 43.0712, 43.121(a), 43.141(c), 43.148, 43.905, and 43.906, Local Government Code, as added or amended by this Act, apply to the annexation of an area that is not required to be included in a municipal annexation plan under Section 43.052, Local Government Code, as amended by this Act, if the first hearing notice required by Section 43.063, Local Government Code, as added by this Act, is published on or after September 1, 1999." § 43.142. Disannexation According to Municipal Charter in Home-Rule Municipality A home-rule municipality may disannex an area in the municipality according to rules as may be provided by the charter of the municipality and not inconsistent with the procedural rules prescribed by this chapter. Acts 1987, 70th Leg., ch. 149, § 1, err. Sept. 1, 1987. § 43.143. Disannexation by Petition and Election in General-Law Municipality (a) When at least 50 qualified voters of an area located in a general-law municipality sign and present a petition to the mayor of the municipality that de- scribes the area by metes and bounds and requests that the area be declared no longer part of the munici- pality, the mayor shall order an election on the ques- tion in the municipality. The election shall be held on the first uniform election date prescribed by Chapter 41, Election Code, that occurs after the date on which the petition is filed and that affords enough time to hold the election in the manner required by law. (b) When a majority of the votes received in the election favor discontinuing the area as part of the municipality, the mayor shall declare that the area is no longer a part of the municipality and shall enter a: order to that effect in the minutes or records of th governing body of the municipality. The area cease to be a part of the municipality on the date of tht order. However, the area may not be discontinued a. part of the municipality if the discontinuation woule result in the municipality having less area than onE square mile or one mile in diameter around the centel of the original municipal boundaries. (c) If the area \vithdraws from a municipality aE provided by this section and if, at the time of thE withdrawal, the municipality owes any debts, by bond or othen.vise, the area is not released from its pro raid share of that indebtedness. The governing body shall continue to levy a property tax each year on the property in the area at the same rate that is levied on other property in the municipality until the taxes collected from the area equal its pro rata share of the indebtedness. Those taxes may be charged only \vith the cost of levying and collecting the taxes, and the taxes shall be applied exclusively to the payment of the pro rata share of the indebtedness. This subsec- tion does not prevent the inhabitants of the area from paying in full at any time their pro rata share of the indebtedness. Acts 1987, 70th Leg., ch. 149, § 1, eft'. Sept. 1, 1987. § 43.144. Disannexation of Sparsely Populated Area in General-Law l\'lunicipality (a) The mayor and governing body of a general-law municipality by ordinance may discontinue an area as a part of the municipality if: (1) the area consists of at least 10 acres contigu- ous to the municipality; and (2) the area: (A) is uninhabited; or (B) contains fewer than one occupied residence or business structure for every two acres and fewer than three occupied residences or business struc- tures on anyone acre. (b) On adoption of the ordinance, the mayor shall enter in the minutes or records of the governing body an order discontinuing the area. The area ceases to be a part of the municipality on the date of the entry of the order. Acts 1987, 70th Leg., ch. 149, § 1, err. Sept. 1, 1987. 81 § 43.145 LOCAL GOVERNMENT CODE § 43.145. Disannexation of Unimproved Area or Nontaxable Area in Certain Munici- palities (a) The governing body of a municipality by ordi- nance may discontinue an area as a part of the municipality if: (1) the municipality has a population of 4,000 or more and is located in a county with a population of more than 205,000, and the area is composed of at least three contiguous acres that are unimproved and adjoining the municipal boundaries; or (2) the municipality has a population of 596,000 or more, and the area is an improved area that is not taxable by the municipality and is contiguous to the municipal boundary. (b) On adoption of the ordinance, the governing body shall enter in the minutes or records of the municipality an order discontinuing the area. The area ceases to be a part of the municipality on the date of the entry of the order. Acts 1987, 70th Leg., ch. 149, § 1, err. Sept. 1, 1987. § 43.146. Disannexation of Land in a Municipal Utility District Notwithstanding any provision of any other law related to the annexation or disannexation of territory, including but not limited to the requirement that the minimum \vidth of any tel'litory annexed be at least 1,000 feet in \vidth, a municipality that has exercised limited purpose annexation may disannex any land located within a municipal utility district. Such disan- nexation shall not affect the validity of the annexation of other territory. Such municipality may refund any taxes paid or waive any taxes due to the municipality by the owners of the property disannexed pursuant to the provisions of this section. Added by Acts 1989, 71st Leg., ch. 1058, § 5, err. Sept. 1, 1989. Section 4 of Acts 1989, 71st Leg., ch. 1058 provides: "This Act applies only to a municipal annexation completed on or after September 1, 1989. A municipal annexation completed before that date is governed by the law in effect at the time the annexation is completed, and the former law is continued in effect for this purpose." § 43.147. Width Requirement for Disannexation (a) A municipality disannexing a road or highway shall also disannex a strip of area that is equal in size to the minimum area that the municipality is required to annex in order to comply with the width require- ments of Section 43.054 unless such disannexation is undertaken with the mutual agreement of the county government and the municipality. (b) The strip of area to be disannexed must: (1) be adjacent to either side of the road or highway; and (2) follow the course of the road or highway. Added by Acts 1995, 74th Leg., ch. 513, § 1, err. Sept. 1, 1995. Section 2 of the 1995 Act pro\;des: "This Act takes effect September 1, 1995, and applies only to an area that is disannexed on or after the effective date of this Act. A disannexation occurring before the effective date of this Act is gov- erned by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose." § 43.148. Refund of Taxes and Fees (a) If an area is disannexed, the municipality disan- nexing the area shall refund to the landowners of the area the amount of money collected by the municipali- . ty in property taxes and fees from those lando\vners during the period that the area was a part of the municipality less the amount of money that the munic- ipality spent for the direct benefit of the area during that period. (b) A municipality shall proportionately refund the amount under Subsection (a) to the landowners ac- cording to a method to be developed by the municipal- ity that identifies each landowner's approximate pro rata payment of the taxes and fees being refunded. (c) A municipality required to refund money under this section shall refund the money to current land- o\vners in the area not later than the 180th day after the elate the area is elisannexed. Money that is not refunded \vithin the period prescribed by this subsec- tion accrues interest at the rate of: (1) sL" percent each year after the 180th day and until the 210th dav after the date the area is ., disannexeel; and (2) one percent each month after the 210th day after the date the area is disannexed. Added by Acts 1999, 76th Leg., ch. 1167, § 15, err. Sept. 1, 1999. Section 17(d) and (e) of Acts 1999, 76th Leg., ch. 1167 provides: "(d) The changes in law made by this Act in Sections 43.002, 43.054, 43.0545, 43.0546, 43.056(b), (c), (e), (0, (g), (l), (m), (n), and (0), 43.0565, 43.0712, 43.0751, 43.121(a), 43.141(c), 43.148, 43.905, and 43.906, Local Government Code, as added or amended by this Act, apply to the annexation of an area that is not included in the municipality's annexation plan during the period beginning December 31, 1999, and ending December 31, 2002, if the fIrst public hearing required as part of the annexation procedure is conducted on or after September 1, 1999. ~? ORGANIZATION OF MUNICIPAL GOVERNMENT § 43.203 "(e) The changes in law made by this Act in Sections 43.002, 43.054, 43.0545, 43.0546, 43.056(b), (c), (e), (0, (g), (l), (m), (n), and (0), 43.0565, 43.0712, 43.121(a), 43.141(c), 43.148, 43.905, and 43.906, Local Government Code, as added or amended by this Act, apply to the annexation of an area that is not required to be included in a municipal annexation plan under Section 43.052, Local Government Code as amended by this Act, ü the fll'St hearing notice required by secti~n 43.063, Local Government Code, as added by this Act, is published on or after September 1, 1999." [Sections 43.149 to 43.200 reserved for expansion] SUBCHAPTER H. ALTERATION OF ANNEXATION STATUS § 43.201. Definitions In this subchapter: (1) "Consent agreement" means an agreement between a district and a municipality under Section 42.042. (2) "Limited-purpose annexation" means annex- ation authorized under Section 43.121. Added by Acts 1995, 74th Leg., ch. 787, § 2, err. Sept. 1, 1995. § 43.202. Applicability This subchapter applies to: (1) a municipal utility district operating under Chapter 54, Water Code, that: (A) was annexed for full purposes by a municipal- ity as a condition of the municipality granting con- sent to the creation of the district; (B) was annexed by the municipality on the san1e date as at least five other districts; and (C) has not had on the eighth anniversary of the district's annexation by the municipality more than 10 percent of the housing units or commercial square footage authorized in its consent agreement constructed; and (2) a municipality that has: (A) annexed territory for limited purposes; (B) disannexed territory that previously was an- nexed for limited purposes; and (C) previously disannexed territory in a munici- pal utility district originally annexed for full pur- poses on the same date as a district to which this section applies. Added by Acts 1995, 74th Leg., ch. 787, § 2, err. Sept. 1, 1995. § 43.203. Alteration of Annexation Status (a) The governing body of a district by resolution may petition a municipality to alter the annexation status of land in the district from full-purpose annex- ation to limited-purpose annexation. (b) On receipt of the district's petition, the govern- ing body of the municipality shall enter into negotia- tions with the district for an agreement to alter the status of annexation that must: (1) specify the period, which may not be less than 10 years beginning on January 1 of the year follow- ing the date of the agreement, in which limitecl- purpose annexation is in effect; (2) provide that, at the expiration of the period, the district's annexation status will automatically revert to full-purpose annexation without follo\\ing procedures provided by Sections 43.051 through 43.055 or any other procedural requirement for annexation not in effect on January 1, 1995; and (3) specify the financial obligations of the district during and after the period of limited-purpose an- nexation for: (A) facilities constructed by the municipality that are in or that serve the district; (B) debt incurred by the district for water and sewer infrastructure that will be assumed by the municipality at the end of the peliod of limited- purpose annexation; and (C) use of the municipal sales taxes collected by the numicipality for facilities or services in the district. (c) If an agreement is not reached \\ithin 90 days after the date the municipality receives a petition submitted by a district: (1) the district's status is automatically altered from full-purpose annexation to limited-purpose an- nexation for a period of not less than 10 years, beginning January 1 of the year following the date of the submission of a petition, unless the voters of the district have approved the dissolution of the distlict through an election authorized by this sec- tion; and (2) on the expiration of the 10-year peliod of Subdivision (1), notwithstanding any other provision of law, the district may be restored to full-purpose annexation at the option of the municipality, provid- ed that the municipality assumes all obligations otherwise assigned by law to a municipality that annexes a disbict; and 83