Sec. 43.0563. CONTRACTS FOR PROVISION OF SERVICES IN LIEU OF ANNEXATION  


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  • (a) The governing body of a municipality with a population of less than 1.6 million may negotiate and enter into a written agreement for the provision of services and the funding of the services in an area with:

    (1) representatives designated under Section 43.0562(b), if the area is included in the municipality's annexation plan; or

    (2) an owner of an area within the extraterritorial jurisdiction of the municipality if the area is not included in the municipality's annexation plan.

    (a-1) An agreement under this section may also include an agreement related to permissible land uses and compliance with municipal ordinances.

    (b) An agreement under this section is in lieu of annexation by the municipality of the area.

    (c) In negotiating an agreement under this section, the parties may agree to:

    (1) any term allowed under Section 42.044 or 43.0751, regardless of whether the municipality or the area proposed for annexation would have been able to agree to the term under Section 42.044 or 43.0751; and

    (2) any other term to which both parties agree to satisfactorily resolve any dispute between the parties, including the creation of any type of special district otherwise allowed by state law.

Added by Acts 1999, 76th Leg., ch. 1167, Sec. 8, eff. Sept. 1, 1999. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1185 , Sec. 3, eff. June 15, 2007.