HomeMy WebLinkAboutcorrespondence Lisa Lindgren Fwd: OP- ETJ 1
From: Trey Fletcher
To: Lisa Lindgren
Date: 2/23/2006 2:35 pm
Subject: Fwd: OP- ETJ
CC: Spencer Thompson
Lisa,this is the language to use for 06-45...going to P&Z on 3-16-06.
The College Station Planning and Zoning Commission will hold a public hearing to consider an
ORDINANCE amending Section 13-I of the City of College Station's Subdivision Regulations regarding
City Participation in the cost of utilities in the extra-territorial jurisdiction (ET)).
>>> Trey Fletcher 2/23/2006 11:25 am >>>
Spencer,
This is a cut and paste from the ad that was last used...
The College Station Planning and Zoning Commission will hold a public hearing to consider an
ORDINANCE amending Section 10 of the City of College Station's Subdivision Regulations regarding
Parkland Dedication requirements and Variances to Sidewalks.
The deadline for the ad to the Eagle is tomorrow at noon. Given this and the general nature of the ad, I
think we have plenty of time to get this on the 2/16 meeting.
Trey
Page 1 of 1
Trey Fletcher - The following legal opinion put forth in this document states (see page
8)
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From: Spencer Thompson
To: Joey Dunn; Trey Fletcher
Date: 3/6/2006 4:50 PM
Subject: The following legal opinion put forth in this document states (see page 8)
CC: Carla Robinson; David Coleman; Jennifer Prochazka; Lance Simms; Mark Smith; Molly Hitchcock
Most, if not all, municipalities routinely extend the application of their subdivision regulations to their extraterritorial
jurisdictions. A question that
consequently arises is whether, and to what extent, a municipality may enforce its subdivision and related ordinances in
its extraterritorial jurisdiction. The only case law on point, City of Lucas v. North Texas Municipal Water Dist.,11 compels
the conclusion that
(1) a municipality may require building permits for construction in its ETJ and
(2) a municipality may enforce its construction-related ordinances in its ETJ.
In City of Lucas, a water district contended, in part, that a city in its ETJ could not impose its development standards on
the District. The Dallas Court of Appeals unequivocally rejected that contention.
Article 970a [the predecessor statute to Section 212.003(a) of the Texas Local Government Code] confers
authority upon a city to extend its subdivision ordinances into its extraterritorial jurisdiction. In determining
whether jurisdiction under article 970a has attached, a subdivision may be simply a division of a tract of land into
smaller parts. However, use of the term is not restricted to the division itself but also encompasses the
development of the divided tracts. Consequently, ordinances regulating development, such as those specifying
design, construction and maintenance standards, may be extended by a city into its extraterritorial jurisdiction.
Moreover, a municipal corporation may exercise both those powers expressly granted by a statute and those
necessarily or fairly implied in such grant. Were we to hold that building standards are not contemplated by
article 970a, we would be left with a statute that grants authority over the laying out of streets, alleys and lot
boundaries, but precludes authority over the most important part of a subdivision. Consequently, we conclude
that the power over subdivisions conferred by article 970a necessarily or fairly implies a right to issue regulations
governing construction of housing, buildings, and the components thereof.12 Therefore, based upon the courts
rationale in City of Lucas, a municipality (1) may enforce its subdivision ordinance in its [Ti, (2) may issue
building permits for construction in its ETJ and further, (3) may enforce its construction-related ordinances
(Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code and Uniform Electrical Code) in its
ETJ.
http://www.bhlaw.net/FSL5CS/Custom/TOCArticles%20Presentations.asp
It would be great if we can implement the plumbing code in the ETJ in relation to our Sewer CCN.
thx
st
file://C:\Documents%20and%20Settings\tfletcher\Local%20Settings\Temp\XPGrpWise\4400684B... 3/6/2006