The City of Brenham received a request from River Eagle Real Estate, Ltd. (Mike Hopkins Distributing Co., Inc.) to annex a 5.1545-acre tract of land adjoining their property located at 1751 Highway 290 West in Brenham., Washington County, Texas.
For information on the annexation of this property, please see the following:
- Complete Annexation Timeline
- Important Dates to Remember
- Metes and bounds description of area being considered for annexation
- Map of the area being considered for annexation
- Notice of Public Hearing - Annexation
- Notice Public Hearing - Zoning
- Annexation Ordinance
Questions related to this annexation may be directed to the Office of the City Secretary at 979-337-7567.
Frequently Asked Questions
When was the last time the City of Brenham annexed property?
The last annexation completed by the City was in May 2020. It was voluntary annexation (requested by the property owner) of 52.428 acres along Highway 36 North and Dixie Road.
What areas are being considered for annexation by the City Council?
The City received a request from River Eagle Real Estate, Ltd. (Mike Hopkins Distributing Co., Inc.) to annex a 5.1545-acre tract of land adjoining their property located at 1751 Highway 290 West in Brenham., Washington County, Texas.
You can view a map of the area being considered for annexation by visiting the City’s website at www.cityofbrenham.org/annexation.
If approved by the City Council, when will the annexation be finalized?
If the annexation is approved by the City Council it would be effective upon the 2nd reading of the annexation ordinance on January 21, 2021. A timeline of the annexation process can be found at www.cityofbrenham.org/annexation.
Will being annexed into the City affect my property value?
No, annexation does not affect property values. As improvements are made to properties, there may be a reevaluation and appraisal done at that point. Specific questions regarding the appraised value of your property should be addressed to the Washington County Appraisal District at 979-277-3740.
Will being annexed into the City affect the agricultural, wildlife management or timber land exemption currently on my property?
No. If your property is currently appraised with one of these exemptions, it will not change after annexation. Specific questions regarding property tax exemptions should be addressed to the Washington County Appraisal District at 979-277-3740.
My property has an agricultural, wildlife management or timber land exemption, so can the City still annex my property?
As mandated in State law, if your property has an exemption of agriculture, wildlife management or timber land at the time of annexation, the City is required to offer the landowner a Development Agreement that would guarantee the continuation of ETJ status of the land and its immunity from annexation for a set period of time as outlined in the Agreement.
In preparation for this annexation, thirteen (13) landowners have been offered Development Agreements.
What zoning will be in place on my property after annexation?
City Staff in the Development Services office will work with property owner to determine the most appropriate zoning district based on existing improvements, adjacent land uses, adjacent roadway classifications and the Brenham Future Land Use map established in the Comprehensive Plan. To view the City’s Zoning Map or Future Land Use Map, please visit the City’s webpage www.cityofbrenham.org.
What types of uses are allowed on my property after annexation?
Land uses allowed on property within the City limits is determined by the zoning district assigned to the property during annexation. For a complete list of zoning districts and uses allowed in each district, please visit the visit code of ordinances appendix A - zoning
Will I be able to continue the use of my property after annexation?
Properties with existing improvements and/or uses that are not in accordance with the City’s zoning ordinance will be considered legally non-conforming or "grandfathered." Grandfathered uses can remain on the property but cannot be expanded or substantially reconstructed in the event the improvement or use is removed.
Do I need a building permit to build on my property or to make repairs to existing structures?
The City of Brenham requires permitting and inspection of construction in order to protect consumers from potential poor construction practices and the health and safety hazards as well as financial issues that could result from substandard construction. Minor building maintenance does not require building permits, however new construction, renovations, commercial re-roofs, etc. do require permits to ensure compliance with the City’s adopted zoning and building codes. To inquire about permit requirements, please visit the city Building Permits & Inspections page.
Is there a legal time limit within which the City is required to provide services to newly annexed areas?
Yes, under Chapter 43.056 of the Texas Local Government Code, the City is required to provide most city services (police protection, fire protection, solid waste collection, operation and maintenance of roads and streets, and access to city-owned recreation facilities and parks) immediately upon annexation.
The City is also required to prepare a service plan to provide for the extension of municipal services to the area being annexed. The City will strive to provide services at a level of service similar to that which the City currently extends to other similarly situated areas (based generally on characteristics of topography, land use, and population density). In instances where services are deemed to be below an acceptable level of service currently being provided to other similarly situated areas already within the City), those services should be provided by the City within 2 ½ years after the effective date of annexation. If it is determined that 2 ½ years is not a reasonable period of time to provide these services, the City must prepare a plan to provide such services within a 4 ½ year time frame.
After annexation, how soon would solid waste services be provided?
Solid waste collection will be provided to citizens in the newly annexed area at the same or similar level of service now being provided to other areas of the City with like topography, land use, and density as those found within the newly annexed area. The City may negotiate with a provider and/or property owner in the annexed area to allow continued services with an existing solid waste provider. After the second anniversary of the annexation date, the City will impose solid waste collection fees and provide the service.
When would residents see improvement in roads that are annexed?
Right-of-way maintenance priorities are determined on a city-wide basis taking into consideration factors such as the City of Brenham Thoroughfare Plan, street width, volume of traffic, street conditions, and public safety hazards. A complete copy of the Thoroughfare Plan can be viewed here.
Will I be able to burn trash and/or yard waste after annexation?
No, burning trash and/or yard waste is not allowed within the city limits. Please contact the Brenham Fire Department at 979-337-7300 with any questions.
What about fireworks?
The use of fireworks will not be permitted, as per the City’s Code of Ordinances.
How will annexation affect my use of a firearm?
Generally, it is unlawful to discharge a firearm within the city limits. There are some exceptions in State law depending on the size of the property and the use and type of firearm (LGC 229.002). See below for explanation:
A shotgun, air rifle or pistol, BB gun, or bow and arrow may be discharged:
- on a tract of land of 10 acres or more and more than 150 feet from a residence or occupied building located on another property; and
- in a manner not reasonably expected to cause a projectile to cross the boundary of the tract; or
A center fire or rim fire rifle or pistol of any caliber may be discharged:
- on a tract of land of 50 acres or more and more than 300 feet from a residence or occupied building located on another property; and
- in a manner not reasonably expected to cause a projectile to cross the boundary of the tract.
It is always best to contact the City of Brenham Police Department at 979-337-7337 to seek clarification on the issue of shooting firearms within the city limits.
Why do cities annex?
Cities have various reasons for initiating annexation; below are a few examples:
- To provide areas for future growth: Cities initiate annexation in order to provide areas for future growth and development. This can be especially critical in cities with limited vacant, developable property to accommodate growth within its existing boundaries.
- To accommodate growth: Cities initiate annexation in order to employ growth management strategies. The orderly growth of a city is critical to its long term viability. A municipality has a responsibility to its residents and taxpayers to manage its physical growth in a sensible, predictable, and fiscally responsible manner.
- To secure tax base, revenue sources: Cities need revenue to provide a regional array of services and facilities. Annexation provides the needed revenue through property tax, sales tax, franchise fees, and utility revenue.
- To cover service costs for residents in the city’s extraterritorial jurisdiction (ETJ) that are using city service: As more and more residential areas develop within the ETJ, these residents begin to use the city's streets, parks, and other facilities without paying for these services. Annexation brings the added revenue to help cover these costs. (Extraterritorial jurisdiction (ETJ) is the unincorporated area that is contiguous to the city’s boundaries and is located within one mile of those boundaries.)
- To assert zoning or other regulatory control: Annexation brings territory into the full regulatory authority of a city. While State statutes provide cities with limited regulatory authority within its ETJ, annexation into a city allows the application of full land use controls and development standards.
- To protect an area: Annexation provides urbanizing areas with municipal services and exercises the regulatory authority necessary to protect public health and safety. Annexation also serves as an effective way to protect valuable resources or to preserve the existing character of an area.
- In response to a perceived threat: This typically takes the form of annexing property that is developing or being proposed for development, in which the proposed land use could be deemed undesirable or otherwise a threat to surrounding landowners. These undesirable land uses often include things such as sexually-oriented businesses, heavy industries, storage lots, or mobile home parks.
- In response to an uncertain legislative environment: The State Legislature has passed several bills in recent years that make it increasingly difficult for cities to pursue annexation. Should this trend continue, it may be in the city’s best interest to initiate annexation sooner rather than later