No. Chapter 43 of the Local Government Code and the City Charter allow the city to annex properties without the consent of the property owner. This is an involuntary annexation process and by law the property owner cannot decline to be annexed.
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Cities annex to gain more control over land use and development in the Extraterritorial Jurisdiction (ETJ) of the City and to ensure that residents and businesses outside of the City's corporate limits who benefit from access to the City's facilities or services share the tax burden associated with constructing and maintaining those facilities and services.
A Home Rule City may do what is authorized by its charter and not specifically prohibited by the Texas Constitution or State or Federal law. City Charter Section II. Boundaries states: additional territory may be annexed into the City in any manner and by procedure that may be provided by law, in addition to the following methods: annexation by ordinance, annexation by petition, and annexation by election.
Extraterritorial Jurisdiction (ETJ) is defined as "the unincorporated area that is contiguous to the corporate boundaries of the municipality. The geographical extent of any city's ETJ is contingent upon the number of inhabitants of the city. For the City of Boerne, the geographical extent is one mile.
The annexation process requires a Resolution passed by City Council to start the 90 day process. The process is as follows: adoption of service plan, non-annexation agreement offers, notices, two public hearings and then ordinance passed by City Council to annex.
A Non-annexation agreement offers the property owner the option to continue current use of land for agricultural, wildlife, or timber management. Upon City discretion, non-annexation agreements can also be offered to non-agricultural, timber, or wildlife properties. The non-annexation agreement would allow the property to continue to be in the ETJ and delay annexation until the property is developed or the use is changed. Properties identified for non-annexation agreement offers will receive an option for non-annexation for 10 years (with no change in current use of the property) with the option to renew the non-annexation agreement for up to 45 years maximum.
The public hearings are scheduled to take place on Tuesday, May 28th and Tuesday, June 11th, starting at 6 PM. Council will take up the vote on the annexation ordinance on July 2nd and July 9th, also at 6PM. Both the public hearings and the annexation vote will take place at the City Council Chambers, 124 Old San Antonio Rd.
Call the Planning and Community Development Department at (830) 248-1501.