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§ 212.018 LOCAL GOVERNMENT CODEHI }
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i', HI torney representing the municipality may file an ac- § 212.044. Plans, Rules, and Ordinances or other 1.
tion in a court of competent jurisdiction to: After a public hearing on the matter,the municipali subject
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(1) enjoin the violation or threatened violation by ty may adopt general plans, rules, or ordinances guy ,tis filed "
the owner of a tract of land of a requirement erning development plats of land within the limits an,,+rdance w'
' •I' .'' garding the tract and established by, or adopted in the extraterritorial jurisdiction of the municipalit 1987,70t1'
by the governing body under, this subchapter; or to promote the health, safety, morals, or genera
< '•;i, welfare of the municipality and the safe, orderly, and 112'047• `
(2) recover damages from the owner of a tract of healthful development of the municipality. The
i
'l landnic
tn an amountadequate for the municipality to gSept i .,ch. 149, § 1,eff.Se1, 1987. invent plat
undertake any construction or other activity neces
i +; sary to bring about compliance with a requirement § 212.045. Development Plat Required (1) the
,it regarding the tract and established by, or adopted (a) •
Any person who proposes the development of a municipali
I bythe governingbodyunder,this subchapter. streets, s'
,ry II p tract of land located within the limits or in the extra-. •1
(b) A reference in this section to an "owner of a territorial jurisdiction of the municipality must have a public util tract of land" does not include the owner of an individ development plat of the tract prepared in accordance (2) the
r ual lot in a subdivided tract of land.
with this subchapter and the applicable plans,rules,or the exter
ordinances of the municipality. Unproven
f I Added by Acts 1989, 71st Leg., ch. 1, § 46(b), eff. Aug. 28,
� 1989. Amended by Acts 1989,71st Leg.,ch.624, § 3.01,eff. (b) A development plat must be prepared by a ; public hi
l',llj Sept.1,1989. registered professional land surveyor as a boundary ten
1 Il survey showing: cess to a
si [Sections 212.019 to 212.040 reserved for expansion] = the insti
(1) each existing or proposed building, structure, -
Ililipl or improvement or proposed modification of the (3) ai'
SUBCHAPTER B. REGULATION OF adopted
11!'. PROPERTY DEVELOPMENT external configuration of the building, structure, or adop
improvement involving a change of the building, kets1987,
E `l 1I § 212.041. Municipality Covered by Subchapter
structure, or improvement;
';y (2) each easement and right-of-way within or zl 212.048
This subchapter applies only to a municipality abuttingthe boundary of the surveyedproperty;
t { {I1 ,. The al,
whose governing body chooses by ordinance to be and `red an
, ,i�[ _ covered by this subchapter or chose by ordinance to (3) the dimensions of each street, sidewalk, alley, public us
" be covered bythe law codified bythis subchapter.t .1.,,,111,i;, .,�' p square, park, or other part of the property intended the. prop
. �'', Acts 1987,70th Leg.,ch. 149,§ 1,eff.Sept.1,1987. Amend- to be dedicated to public use or for the use of on the 1
',.'::1','[' ' ed by Acts 1993, 73rd Leg., ch. 125, § 1, eff. May 11, 1993; purchasers or owners of lots fronting on or adjacent 'lance 01
lli Acts 1993,73rd Leg., ch. 1046, § 4, eff.Aug. 30, 1993; Acts to the street, sidewalk, alley, square, park, or other arts ur
r ,,'II 1995,74th Leg.,ch.76,§ 10.04,eff.Sept.1,1995. part. , an actu
'11:1111[' 1 ' (c) New development may not begin on the proper- formal z
§ 212.042. Application of Subchapter A t until the developmentplat. is filed with and a
' r 1p' Y p p lets 198'
¢4 The provisions of Subchapter A:that do not conflict proved by the municipality in accordance with Section
'1 with this subchapter apply to development plats. 212.047. §212.0
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ill! t Acts 1987,70th Leg.,ch.149,§ 1,eff.Sept.1,1987. (d) If a person is required under Subchapter A or
an ordinance of the municipality to file a subdivision This
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' § 212.043. Definitions plat, a development plat is not required in addition to to req
lI i In this subchapter: the subdivision plat. enfmc+
�� Acts 1987,70th Leg.,ch. 149, § 1,eff.Sept.1,1987. Amend- ritoria
(1) "Development" means the new construction ed by Acts 1989, 71st Leg., ch. 1091, § 28, eff. Sept. 1, 1989.
or the enlargement of any exterior dimension of any Acts L'
§ 212.046. Restriction on Issuance of Building
building, structure,or improvement. and Other Permits by Municipality, § 212
1- ,i i •'? (2) "Extraterritorial jurisdiction" means a munic County, or Official of Other Govern- (a)
14 11.1I' 1 ipality's extraterritorial jurisdiction as determined mental Entity violat
jI ` • II y under Chapter 42. The municipality, a county, or an official of another name(
Acts 1987,70th Leg.,ch.149,§ 1,eff.Sept.1,1987. governmental entity may not issue a building permit with
.k, 11,, t 464
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LAND USE & RELATED ACTIVITIES § '212.071 11 �X1 1 'I
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ether type of permit for development on lots or to appropriate injunctive relief against the person who 1 ' i
rsubject to this subchapter until a development committed, is committing, or is threatening to commit I I 1 { 1
filed with and approved by the municipality in the violation. 1 11 1
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;ince with Section 212.047. 11.
(b) A suit for injunctive relief may be brought in N
�ggq 70th Leg.,ch. 149,§ 1,eff.Sept. 1, 1987. the county in which the defendant resides, the county �' 1
in which the or threat of violation occurs, or 1 ' I'i
violation
,,0,ii, Approval of Development Plat11 II
any county in which the municipality is wholly or
,.,e municipality shall endorse approval on a devel- partly located. i I'1'`
:IA plat filed with it if the plat conforms to: ri�
(c) In a suit to enjoin a violation or threat of a I Il
1) the general plans,rules, and ordinances of the II
violation of this subchapter or a plan, rule, ordinance, '1 a li
.i 'cipality concerning its current and future ;' Ilh
sidewalks, alleys, parks, playgrounds, and or other order adopted under this subchapter, the i1
.ets, Y > p Y court maygrant the municipality anyprohibitory �,;1
blic utility facilities; p Y or 1 i
mandatory injunction warranted by the facts including ti
(2) the general plans, rules, and ordinances for a temporary restraining order,'temporary injunction,
e extension of the municipality or the extension, or permanent injunction. 11
.iprovement, or widening of its roads, streets, and I u '
aublic highways within the municipality and in its (d) A person-commits an offense if the person vio- 1 a 111
'gtraterritorial jurisdiction, taking into account ac- laths this subchapter or a plan, rule, or ordinance 1 11 1 ,I�1
ess to and extension of sewer and water mains and adopted under this subchapter or consistent with this I 1 I ?h11 I,
lie instrumentalities of public utilities; and subchapter within the limits of the municipality. An "1i"
(3) any general plans, rules, or ordinances offense under this subsection is a Class C misdemean- 1 I, I
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lopted under Section 212.044. or. Each day the violation continues constitutes a it I , ,II'
§ separate offense. 1 I .
1987,70th Leg.,ch. 149, 1,eff.Sept. 1,1987. p
12.048. Effect of Approval on Dedication (e) A suit under this section shall be given prece- I 11I I II !J11
dence over all other cases of a different nature on the 1
he approval of a development plat is not considIII
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I an acceptance of any proposed dedication for docket of the trial or appellate court. l�
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'1c use or use by persons other than the owner of (f) It is no defense to a criminal or civil suit under III I� i,p1'h;
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,roperty covered by the plat and does not impose this section that an agency of government other than I� 11 1 .li 1
he municipality any duty regarding the mainte- the municipality issued a license or permit authorizing 1,{ t1,,
e or improvement of any purportedly dedicated the construction, repair, or alteration of any building, 1111','ry 'ij l
s until the municipality's governing body makes structure, or improvement. It also is no defense that '11 I� ,��
ictual appropriation of the dedicated parts by the defendant,had no knowledge of this subchapter or 1 I s
gal acceptance, entry, use, or improvement. of an applicable plan,rule,or ordinance. i I,
1987,70th Leg., ch. 149, § 1,eff.Sept.1, 1987. Acts 1987,70th Leg.,ch.149,§ 1,eff.Sept. 1,1987. 'I 1 I 1 I
2.049. Building Permits in Extraterritorial 11 1,11
Jurisdiction SUBCHAPTER C. DEVELOPER PAR- 1 II i'':,
TICIPATION IN CONTRACT FOR 4 II
[is subchapter does not authorize the municipality PUBLIC IMPROVEMENTS �'
'quire municipal building permits or otherwise I �',
'ce the municipality's building code in its extrater- '
ial jurisdiction. § 212.071. Developer Participation Contract g1111;
1987,70th Leg.,ch. 149,§ 1,eff.Sept.1, 1987. Without complying with the competitive sealed bid ' �;,
ding procedure of Chapter 252, a municipality with '';I
1.050. Enforcement; Penalty 5,000 or more inhabitants may make a contract with a 1 I III1 II
If it appears that a violation or threat of a developer of a subdivision or land in the municipality 111
tion of this subchapter or a plan, rule, or ordi- to construct public improvements, not including a 11
adopted under this subchapter or consistent building, related to the development. If the contract 1 11,1',
this subchapter exists, the municipality is entitled does not meet the' requirements of this subchapter, ' 1 I '1�'�III I
465 IIII11),,l'
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