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Texas Local Gov Code
Local Codes
| Term | Definition |
|---|---|
| Chapter 272 | Sale or lease of property by municipalities, counties and certain other local gov. |
| Notice of sale or exchange of land by political subdivision (PS): Exceptions | before sold, Notice to general public of the offer of the land for sale or exchange must be published in a newspaper or general circulation in county it is located. |
| What do you do if land being sold by a political subdivision is being sold and the county it is located in has no newspaper? | publish in an adjoining county. |
| What does a general public notice posting for the sale or exchange of political subdivision land need to include? | 1. description of the land incl location 2. Procedure by which sealed bids to purchase the land or offers to exchange the land may be submitted. |
| When does a general public notice posting for the sale or exchange of political subdivision land need to be? | 2 separate dates; and the sale or exchange of land may not be made until after the 14th day after the date of the second publication. |
| When can a Political subdivision owned property be sold, conveyed or exchanged for less than fair market value? | The conveyance, sale or exchange is with one or more abutting property owners who own the underlying fee simple. |
| How is fair market value determined for a property owned by a political subdivision? | By appraisal that is obtained by the political subdivision that owns the land or interests. |
| How will fair market value be determined for land or interests owned by a home-rule municipality? | By the price obtained by the municipality at the public auction for which notice to the general public is published. |
| What must notice of auction include for land owned by a municipality? | description of the land, incl location, date, time, and location of the auction and the procedures to be followed at the auction. |
| What does the appraisal price include for a municipal property at auction? | fair market value regardless of contrary provisions of home-rule charter. |
| What might some of the contrary provisions be by a home-rule charter when it comes to municipal owned property or interests? | Narrow strips land b/c of shape, lack of access to pub rd, or sm area cant be used indep. under current zng or under applicable subdiv. or other devel control ord; St or alleys owned in fee or used by ease; land PS wants to devel w/foundation see 272.001 |
| When can a PS donate or sell for less than fair market value a designated parcel of land or an interest in real property to another political subdivision? | Land will be used by PS to carry out purposes that benefits pub int.; donation or sale of land is made under terms that effect & maintain pub purpose; title & right of poss. of land revert to donating or sell. PS if acquiring PS ceases using land for pub |
| What code covers condemnation? | 273.002; refer to chapter 21 property code. |
| What is a home-rule municipality? | City > 5000, A local gov that was granted the auth to govern itself with a certain degree of autonomy. The muni can create its own laws and regs as long as they do not conflict with state laws. This allows local govs more flexibility for their unique need |
| What kind of affairs can home-rule municipalities generally manage? | Zoning, taxation, & local law enforcement. They can generally do this without requiring state approval for every decision. |
| T or F A Home-Rule Municipality gov. body may grant a person a franchise to use or occupy the pub grounds of the municipality. | True |
| Who has the right to grant a franchise to use or occupy public grounds? | This is the exclusive authority of the governing body |
| Why does the State of TX have a policy that says its municipalities will retain authority to manage a public ROW? | To ensure the health, safety and welfare of the public and to be reimbursed for the use of city owned ROWs for telecommunication services when these services are conducted in city owned ROW. |
| T or F Network providers' access to public ROW and the ability to attach network nodes to poles and structures in Public ROW allow network providers to densify their networks and provide better services. | True |
| where can network nodes be deployed when it comes to the municipality? | on public ROWs. |
| What are network nodes? | equipment at a fixed location that enables wireless communications between user equipment and a communication network. |
| Telecommunications for nodes Permit definition | a written authorization for the use of the public ROW or collocation on a service pole required from a municipality before a network provider may perform and action or initiate, continue, or complete a project over which the muni has police power auth. |
| Public ROW | management ordinance that compiles with subchapter C |
| Can a municipality enter into an exclusive arrangement with any person for use of the public ROW for the construction, operation, marketing, or maintenance of network nodes or node support poles. | No. |
| As of 2024, what is the public right-of-way annual rate for network nodes? | May not exceed an annual amount equal to $250 X's the number of network nodes installed in the public ROW in any municipalities corporate boundaries. |
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