ETJ & Annexation Update

1. 26 October 2017

2.  Objectives
 Provide a brief overview of annexation and
the Extraterritorial Jurisdiction (ETJ)
 Provide an update on recent
accomplishments
 Provide an update on State legislation
 Seek direction on annexation
development agreements set to expire
soon

3.  Extraterritorial Jurisdiction (ETJ)
 The contiguous area (or zone) extending
out from the city limits and not located
within another city’s ETJ
 ETJ expands as annexations occur or as
number of city “inhabitants” increase
 ETJ provides land that the city alone can
annex
 The city’s subdivision regulations extend
into the ETJ (no zoning or land use control)

5.  Types/Methods of Annexation
 In response to a petition/request
 Exempt process (an area containing fewer
than 100 separate tracts of land on which
one or more residential dwellings are
located on each tract)
 Annexation plan (three-year process)

6.  Why Annex?
 Provide municipal services to urbanizing area
 Implement the Comprehensive Plan (enable
regulatory controls / facilitate growth )
 Enhance or protect tax base
 In response to an uncertain legislative
environment
 Health / life safety considerations
 In response to a perceived threat

7.  Policy Considerations
 What do you want to be as a community?
 How does annexation support the
community’s vision?
 What goal does annexation accomplish
and at what cost?

8.  Recent Accomplishments
 Annexation of 233 acres at Royder Road, Greens
PrairieTrail and FM 2145 (April 2015)
 AnnexationTask Force (August 2014 - January 2016)
 Chapter 8 of the City’s Comprehensive Plan updated
(April 2016)
 ILA with City of Bryan to extend ETJ common
boundary updated (February 2017)
 Currently working with Brazos County to update joint
review ILA

11.  State Legislation
 SB 89 (effective 1999) - Requires Cities to
adopt annexation plan, introduced three-
year annexation process
 HB 2305 (effective 2007) - Requires cities to
offer non-annexation agreements in certain
cases
 SB 6 (effective 2017) - Requires voter consent
or majority consent by signed petition
before annexation for “tier 2” municipalities

13.  Non-Annexation DevelopmentAgreements
 Offered when subject property is appraised
as ag, timberland, or wildlife management
 Ten-year term
 Guarantees the continued ETJ status of
subject property (no annexation/city taxes)
 Authorizes the enforcement of certain City
regulations and planning authority (A-O
zoning district, now called “Rural”)

18.  Recommendations
 Pursue new agreements with owners of
property between Carter Creek and SH 30
 Pursue new agreements with owners of
property along SH 6 South at Peach Creek
 Pursue annexation of properties on west side
of City

19. 26 October 2017

20.  Annexation Service Plan (Immediate)
 Police Protection
 Fire Protection
 Emergency Medical Service
 SolidWaste Collection
 Operation/Maintenance of public streets
 Operation/ Maintenance of public
drainage facilities

21.  Annexation Service Plan (Immediate)
 Building Permits & Inspections
 Planning & Development Services
 Community Development Programs
 Animal Control
 Code Enforcement
 Recycling Collection

24.  Exempt Process
 Convene annexation team
 Ordinance establishing public hearing dates
 P&Z Commission for recommendation
 Preparation of annexation service plan and fiscal
impact analysis
 Two public hearings held before the City Council
 Council approves annexation ordinance

25.  Three-Year Plan Process
 Amend plan to include annexation area (area can
only be annexed on or after the third anniversary)
 Written notice requirements (within 90 days)
 Inventory of services and facilities
 Preparation of annexation service plan
 Service plan negotiations
 Arbitration (at the city’s expense)
 Two public hearings held before the City Council

29.  General Requirements (Home Rule Cities)
 Must have an annexation plan
 Annexation area must be within the city’s ETJ
 Annexation area must be contiguous to the
existing city limits
 Minimum 1,000 foot width requirement
 Cities must offer non-annexation agreements in
certain cases
 Cities cannot annex more than 10% of
incorporated area per year