13 - 6055 CLARKSVILLE STREET DISANNEXATION REQUEST

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9. Submit annexations to the U.S. Justice Department for preclearance not later than the 9& day before the effective date of the annexation or the earlieta date permitted under federal law (Set-43-906 (a)). Section 6. ,iMMWdMI Regulation oftj ffitorialJurisdMe (W) The policy purpose regarding the ETJ is stated in Sec 42.OD1 of the TLGC. Chapters 42 and 43 of the TLGC address the Municipal Annexation Act. The City of Paris' population has, under Set. 42.021 a "number of inhabltirrW between 25,)00- 49,999, 'and therefore the extent of (Rsj extraterritorial jurisdiction' is two (2) miles. Sec. 42.023 states: "The extraterritorial jurisdiction of a munid"Ifty may not be reduced unless the governing body of the municipality gives its written consent by ordinance or resokrtton, except in cases of judicial apportionment of overlapping extraterritorial jurisdiction under Sect. 42.90L' Section 42.022 discusses the expansion of tine ETJ. The code also addresses the very rare issue of overlapping Ells. Texas cities do rwt have the statutory ability to rove property within their ETJ; however, Sec. 222.003 states that a city's subdivision regulations are applicable within its ETJ if that municipality has extended Its subdivision regulations into the ETJ by ordinance. (Note: Subdh4sion Regulations states that sale regulations also apply in the ETJ.) . A municipality may regulate subdivisions and approve plats for tracts of land located outside its city limits and outside its ET) if there is an interlocal agreement providing for such regulation and approval (Sec. 242.002 (a)). If a property Iles within the ETJ of more than one municipalitty, the munidpality with the larger population has the responsibility for approval (Sec. 212.007 (a)). 2. Subdiyfsions. HB 1445 and the ETJ House Bill 1445 was adopted by the 2001 Session of the Texas Legislature and provided for an agreement between a county and a municipality to regulate a subdivision In the ETJ of a municipality. H.S. 1445, now In Chapter 242 of the Texas Local Goverrrment Code, required that a city and county shall enter into a written agreement that Identifies the governmental entity authorized to regulate subdivision plats and approve related permits in the ETJ (Sec. 242.00i (a)). For a municipality existing on September 1, 2001, the municipality and county were required to enter into a written agreement on or before April 1, 2002 (Sec. 242=1(c). Texas municipalities have four options under KB. 144S: (1) the county will possess no authority over plats and all review will be done by the city; (2) the city possesses no authority over plats and all review will be done by the county, (3) the city and county will divide the ETJ geographically and each will delineate in which area It possesses authoft over plats; and (4) the city and county jointly review plats under their respective authority, but there must be one filing fee, one office to Me pints, and one unibrm and consistent set of plat regulations.