Annexation Facilitates Growth Of Cities In Central Texas

The purpose of an ETJ is to allow for cities to plan for growth in the area outside their corporate boundaries and to annex new development.

by Jason Scalise

 

Cities in Central Texas such as Buda and Kyle have experienced significant growth in recent months, and they follow a process of annexation to expand into surrounding territory.

The City of Kyle annexed several areas adjacent to the city in April and May of 2016. Buda began the annexation process for the East Green Meadows area in February of this year.

Annexation brings property into the city limits to provide municipal services and exercise regulatory authority necessary to protect public health and safety.

It also ensures that residents and businesses outside a city’s corporate limits who benefit from the city’s facilities and services share the tax burden necessary to construct and maintain those facilities and services.

The annexation process allows a city to benefit from development occurring in its Extraterritorial Jurisdiction, or ETJ.

What is the ETJ?

The ETJ is the neighboring unincorporated land within a one-mile radius of the city limits which is not within another city’s ETJ. Except for city-owned land, Buda may only annex land within its ETJ. The purpose of an ETJ is to allow for cities to plan for growth in the area outside their corporate boundaries and to annex new development.

There are two reasons for this system:

• There is a statutory prohibition against a municipality annexing into another city’s ETJ. This allows a city to plan development and establish utility extensions in its own territory.
• Cities are authorized to enforce their subdivision regulations and infrastructure standards (and a limited number of other regulations) in their ETJs, so that development meets the city’s standards.

However, under state law a city cannot enforce zoning, land use regulations or density in the ETJ.

The Annexation Process

An annexation requires an ordinance from the City Council to be effective. In the State of Texas, cities may annex territory in two different manners:

• A request by a property owner (voluntary exempted process)
• Without the consent of the owner (non-voluntary process)

The annexation must follow state law and the city charter. As a home rule city of more than 5,000 people, for instance, Buda can annex property contiguous with, and within one mile of its current city limits following procedures consistent with Chapter 43 of the Texas Local Government Code.

City staff monitor changes in state law and periodically recommend changes to ordinances, policies and internal procedures. This process applies to both voluntary and non-voluntary (less than 100 occupied parcels) annexations.

The City of Buda will hold two public hearings, during City Council meetings, on the 1^st and 3^rd Tuesday of every month), unless otherwise notified. There will also be two ordinance readings, and the annexation completed upon the second reading. This reading includes adoption of a municipal service plan for the newly annexed area. Occasionally there will be special called meetings at other times, which will be posted on their website.

The City of Kyle posts notices of public planning meetings HERE and at their public meetings viewer HERE.

For more detailed information on annexation, please visit:

• City of Buda Annexation site
• City of Kyle Planning Department

[gview file=”https://smcorridornews.com/wp-content/uploads/2017/06/completed_annexations_april_2016-1.pdf”] [gview file=”https://smcorridornews.com/wp-content/uploads/2017/06/East-Green-Meadows-Annexation-Location-Map.pdf”]

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