Loading...
2017-083 SB 6 Annexation ChangesDate: November 17, 2017 Report No. 2017-083 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: New Municipal Annexation Procedures as it relates to Senate Bill 6. BACKGROUND: On August 12, 2017 the State Legislature approved Senate Bill 6 (SB 6), and is scheduled to go into effect on December 1, 2017. The new legislation provides for revised municipal annexation procedures for both voluntary and involuntary annexations. The legislation divides counties and cities into two categories, and these categories determine which annexation procedures a municipality must follow. A “tier 1 county” is a county with a population of less than 500,000, and a “tier 2 county” is a county with a population of more than 500,000. A “tier 2 municipality” is a city wholly or partly located in a tier 2 county. Denton County is a tier 2 county, and the City of Denton is a tier 2 municipality by virtue of being located in Denton County. As a “tier 2 municipality” the city’s authority to annex is divided into three categories as follows: 1. Petition by landowners (voluntary annexation). a. The city must first negotiate a written service agreement with the property owner which lists the services that will be available on the effective date of the annexation, and a list of services that will be provided at a later date. b. Two public hearings must be held, not less than ten business days apart. The first public hearing will provide interested persons an opportunity to be heard. During the second hearing, the governing body may adopt the annexation ordinance. The process for voluntary annexation is expected to be as follows:  Receive petition for voluntary annexation from landowner(s);  Negotiate and execute the written service agreement;  Schedule two public hearings with City Council to be held at least ten days apart;  Provide written notice to school districts and public entities before the publication requirement below;  Publish notice in the newspaper for each public hearing at least once, and post the notice on the city’s website, leaving it up until the date of the hearing(s); and  Conduct the second public hearing. Conduct the first reading of the annexation ordinance and conduct the second reading within 30 days to adopt the ordinance. 2. Areas with a population of less than 200 (involuntary annexation). Date: November 17, 2017 Report No. 2017-083 Annexation may occur only if the following conditions are met: a. The city adopts a resolution stating intent to annex the subject area. b. Consent to annex is obtained by petition. The petition must be signed by more than 50 percent of the registered voters in the subject area. c. If the number of registered voters own less than 50 percent of the land in the subject area, the petition must be signed by more than 50 percent of the landowners in the area. If the petition fails, the city must wait until the first anniversary of the date of the petition period ended to begin the process again. d. If a petition protesting the annexation of an area is signed by a number of registered voters equal to at least 50 percent of the number of voters who voted in the most recent municipal election and is received by the city secretary prior t o the end of the petition period, the annexation may not proceed without approval of a majority of voters of the municipality at an election called and held for that purpose. The process for involuntary annexation of an area with a population of less than 200 is expected to be as follows:  City obtains and verifies consent to annex the area by petition;  Adoption of resolution of intent to annex area, including services to be provided;  Not later than the seventh day after adopting the resolution of intent, mail notice of result of petition to residents and property owners in area.  Provide written notice to school districts and public entities not later than the seventh day after the adoption date of the resolution of intent;  Conduct at least one public hearing not earlier than the 21st day and not later than the 30th day after the adoption date of the resolution of intent;  Hold final public hearing not earlier than the 10th day after the date of the first public hearing..  If a petition protesting the annexation that is signed by a number of registered voters that is equal to at least 50 percent of the number of voters who voted in the last municipal election is received by the city secretary before the petition period has completed, the city cannot complete the annexation until an election is called and held for the purpose of permitting voters to decide whether or not the city should annex the property. Date: November 17, 2017 Report No. 2017-083  Conduct the first reading of the annexation ordinance and conduct the second reading within 30 days to adopt the ordinance. 3. Areas with a population of more than 200 (involuntary annexation). Annexation may occur only if the following conditions are met: a. The city adopts a resolution to annex the subject area. b. The city must hold an election in the area proposed to be annexed at which the qualified voters of the area may vote on the question of the annexation, and to determine if a majority of the registered voters of the area are in favor of the proposed annexation. c. If the registered voters of the subject area do not own more than 50 percent of the land in the area, a consent to annex petition must be signed by more than 50 percent of the landowners in the area. The process for involuntary annexation of an area with a population of 200 or more is expected to be as follows:  City obtains and verifies consent to annex the area by petition;  Adoption of resolution of intent to annex area, including services to be provided;  Not later than the seventh day after adopting the resolution of intent, mail to residents and property owners in area notice of the proposed annexation that includes: o Notice of the initial public hearing; o Notice that an election on the question of annexing the area will be held; and o A description, list and schedule of services to be provided;  Provide written notice to school districts and public entities not later than the seventh day after the adoption date of the resolution of intent;  Conduct at the initial public hearing not earlier than the 21st day and not later than the 30th day after the adoption date of the resolution of intent;  Conduct at least one additional public hearing not earlier than the 31st day and not later than the 90th day after the adoption date of the resolution of intent;  City obtains consent through election and, if needed, petition; Date: November 17, 2017 Report No. 2017-083  If a petition protesting the annexation that is signed by a number of registered voters that is equal to at least 50 percent of the number of voters who voted in the last municipal election is received by the city secretary before the petition period has completed, the city cannot complete the annexation until a citywide election is called and held for the purpose of permitting voters to decide whether or not the city should annex the property.  Conduct citywide election if petition protesting annexation is received;  After an election has determined that the majority of the registered voters of the subject area are in favor of the proposed annexation, the city will: o Provide notice to the residents of the area to be annexed; o Hold a public hearing at which member of the public are given an opportunity to be heard; and o Hold a final public hearing not earlier than the 10th day after the date of the first public hearing at which the annexation ordinance may be adopted. o Conduct the first reading of the annexation ordinance and conduct the second reading within 30 days to adopt the ordinance. CONCLUSION: The Planning Division will begin implementing the new annexation procedures beginning December 1, 2017. ATTACHMENT(S): 1. Comparison Table of New Annexation Procedures 2. Link to SB 6 Annexation Legislation STAFF CONTACT: Cindy Jackson, AICP Senior Planner (940) 349-8351 Cindy.Jackson@cityofdenton.com Comparison Table of New Annexation Procedures  Annexation Type Service Agreement Petition of Registered Voters in Subject Property Required Election Required Required Notices Public Hearings Voluntary Negotiate and execute written service agreement No No Written notice to school districts and public entities. Published notice in newspaper and on city website. Two (2) public hearings are required, not less than ten business days apart. Involuntary Annexation of Areas of Less than 200 people Service plan and schedule approved with the resolution to pursue involuntary annexation Yes, must be signed by more than 50% of registered voters, or 50% of landowners as applicable. Only if a petition protesting the annexation is received and validated.  Written notice to school districts and public entities.  Published notice in newspaper and on city website.  Notice of intent to annex, public hearings, including a notice of the annexation election and service plan with schedule, with explanation of the petition period.  Notice of election/petition results, as applicable, to residents of subject area. Two (2) public hearings are required, not less than ten business days apart. Involuntary Annexation of Areas of at Least 200 people Service plan and schedule approved with the resolution to pursue involuntary annexation Only required if the registered voters of the subject site do not own more than 50% of the land in the area. Consent to annex is then obtained by petition. Yes  Written notice to school districts and public entities.  Published notice in newspaper and on city website.  Notice of intent to annex, public hearings, including a notice of the annexation election and service plan with schedule, with explanation of the petition period.  Notice of election/petition results, as applicable, to residents of subject area. Four (4) public hearings are required, two held prior to the election, and two held after the election if annexation consent is received from voters.