2008
Proposed Exempt Area Annexation Frequently Asked Questions
Annexation is the process by which cities
extend their municipal services, regulations, voting privileges and taxing
authority. The City Council of the City of
What areas are proposed to be annexed?
The City of
Area
North is
comprised of about 1,266 acres of
land and generally located between
North
Area
Northwest
is about 1,760 acres of land
surrounding the intersection of State Highway 47 and State Highway 21 West and
extending generally northwest from the current city limits to
Area
West
encompasses about 1,419 acres of land
generally located between North Harvey Mitchell Parkway (F.M. 2818) and State
Highway 47, north of West Villa Maria Road along both sides of Leonard Road.
Area
East
is comprised of about 1,628 acres of land bounded by the current city limits,
F.M. 1179,
Area Southeast is comprised of
about 1,930 acres of land generally located north of
Why is the city annexing my property?
There is no one reason why municipalities
decide to annex properties. The areas
planned to be annexed will provide room to accommodate future City growth. Annexation
of these areas will allow
When will my property be annexed?
The State of
Are there going to be public hearings where
I can express my views about the proposed annexation?
Yes. There will be public hearings before the City’s Planning and Zoning
Commission and City Council in September/October. Exact meeting dates will be
posted on this website and in the newspaper. In addition, property owners in
the affected areas will be notified by letter of the upcoming public hearings.
How will annexation affect my property
taxes?
Annexation into the City of
What services will I receive by being
annexed into the City of
All annexed properties will have access to the services provided by the
following City of
When will I be receiving the city services
I am entitled to?
The City of
Does the provision of services mean that
the City will immediately begin extending water and sewer lines to my property?
No. The
decision to extend water and sewer lines to the newly annexed areas will be
made as the City assesses the need for such extension as part of its Capital
Improvement Plan (CIP). The CIP is a long-range plan which identifies the
City’s capital projects and equipment purchases, provides a planning schedule
and identifies options for financing the plan. For new developments, for
example, a new residential subdivision, roads, water, sewer, and drainage
facilities are typically constructed by the developer of the property and then
dedicated to the City for public use. Upon
annexation, the City will make water and wastewater services available for
point-of-use extension into the newly-annexed areas. Annexation will
not provide any fewer services nor a lower level of services in the areas to be
annexed that were in existence in these areas immediately prior to annexation.
What will happen to my buildings which are
not built according to City of
Unless the structure poises a threat to the safety and welfare of the
occupant(s) or general public, the structures are permitted to remain. These
buildings will be considered “legally non-conforming” (grandfathered)
structures.
What zoning classification will my property
receive if I am annexed?
Initially, the City of
How will the City of
Zoning provides a mechanism for protecting
citizens from incompatible land uses near their property. Zoning, for example, guards against allowing
sexually oriented businesses, bars, open storage facilities, and other uses
near residences. This protection, in
essence, helps to preserve the livability and value of a property owner’s land
for the long-term.
Will I be allowed to shoot fireworks on my
property?
No.
Section 42-7 of the City’s Fire Protection and Prevention Ordinance
states that “the possession, storage, offer for sale, exposure for sale, sale
at retail, use of discharge of any fireworks, as defined by the currently
adopted edition of the International Fire Code, is hereby deemed to be a
nuisance and prohibited within the city limits or within 5,000 feet of the city
limits.”
Will I be able to use my firearms on my
property?
The use of firearms within the city is only
permitted in a regularly established and properly supervised shooting
range/gallery operating under a permit from the city or when lawfully defending
person or property.
Will I be able to keep my farm animals once
I am annexed into the city?
Absolutely. The A-O zoning classification
permits property owners to possess both domestic and farm animals. For the specifics on all of the City of
I am unfamiliar with the City of
The most comprehensive source for
researching regulations is the City of
My property has the AG exemption. Can I
“opt-out” of annexation?
If your property is
appraised for ad valorem tax purposes as land for agricultural or wildlife
management use or timber land, the city must offer you a development (or “non-annexation”)
agreement in accordance with Texas Local Government Code Section 43.035. During
their meeting on July 8, 2008
The agreement, if you chose to accept it, will
guarantee the continuation of the extraterritorial status of your property for
an initial period of fifteen (15) years, which may be extended at the
discretion of Bryan’s City Council in three ten-year intervals after that, for
up to 45 years. In other words, your property would not be annexed into the
City at this time.
However, if you accept the agreement, you agree for
an initial period of fifteen (15) years:
•
not to file any development documents including
subdivision plats;
•
not to construct buildings that would require a
building permit if the property were in the city limits (except for residential
accessory and agricultural structures);
•
that use of the property is limited to what is
allowed in the city’s Agricultural-Open (A-O) zoning district;
•
to waive any vested rights you may have;
•
to give written notice to the city if the property
is conveyed or sold; and
•
to give notice within 14 days of any change in the
exemption status of the property.
The intent of the
development agreement is to allow property owners who truly intend to continue
using their land, for example, for agricultural purposes, to remain outside the
city limits and not allow developers to circumvent municipal regulations.
I have more questions. Who can I contact?
If you have any questions regarding this
proposed annexation, please contact Martin Zimmermann, Senior Planner, in the
City of