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13 - 6055 CLARKSVILLE STREET DISANNEXATION REQUEST
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13 - 6055 CLARKSVILLE STREET DISANNEXATION REQUEST
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3. HB I 19 <br />This bill added Subchapter G, entitled "Agreement Governing Certain Land in a Municipany+s <br />Extraterritorial Jurisdiction," to Chapter 212 of the TLGC "Municipal Regulation of subdivisions <br />and Property Development." The bill provides that a city coundl can enter Into a written <br />contract with an owner of land in the city's ETJ to (1) guarantee the land's Immunity from <br />annexation for a period of up to fifteen years, (2) extend certain aspects of the cWs land use <br />and environmental authority over the land; (3) authorhe enforcement of land use regulations <br />other than those that apply within the city; (4) provide for lnftastrxrcture for the land; and (5) <br />provide for the annexation of the land as a whole or in parts and to provide for the terms of <br />annexation, K a nnexation Is agreed to by the parties. <br />Sections 212.041 - 212.050 of the TLGC provide authority for municipalities to aeoept <br />development plats In the EV, A development plat, however, should not be confused with a <br />subdivision plat. The authority to restate subdivisions Is found In Subchapter A of Chapter 212 <br />whereas the authority to regulate property development through the use of plats is found in <br />Subchapter 0 of Chapter 212 of the TLGC- A city must choose by ordinance to be covered by <br />Subchapter B (or the law codified by that subchapter) f TLGC Sec. 212.041 and if a municipality <br />so chooses, any person who requests development of a trot of land In the corporate limits of <br />ED must prepare a development plat. "DevelopmerrV for purposes of Subchapter 8, means <br />"the new construction or the enlargement of any exterior dimension of any building, structure, <br />or improvement." <br />subchapter B expressly provides that It "does not authorize a municipality to require municipal <br />building permits or otherwise enforce the munkipallty's building cone M its extraterritorial <br />Jurisdictlom' (Sec. 212.049.) <br />S. Sian Regulotions <br />Chapter 216 of the Texas Local Government code addresses the relocation, reconstruction or <br />removal of a sign In the ETJ. Specifically, Section 216 003 allows municipalities to "require the <br />reiocatian, reconstruction, or removal of any sign within Its corporate limits, or extraterritorial <br />Jurisdiction," subject to the detailed regulatory procedure included In Sec. 21 MS (creation of <br />municipal sign control board, compensation requirements, exceptions and appeal provisions). <br />A home -rule municipality has other authority to regulate signs. Home rule cities may kense, <br />regulate, control, or prohibit the erection of signs or billboards by charter or ordinance in <br />compliance with Chapter 216 of TLGC, (Sec 216.901.) Municipalities may regulate the location <br />proximity, she, separation, setback and height provisions so long as the ordinance reflects a <br />reasonable relationship to the public heft, safety or general welfare. <br />A home -rule city may extend the provisions of its outdoor sign regulatory ordinance and enforce <br />the ordinance within its ETJ. in lieu of regulatory ordinances, however, home -rule cities may <br />allow the Texas Transportation Commission to regulate outdoor signs in the ETJ by filing a <br />wrkten notice with the Commission. If a municipality extends its outdoor sign ordinance within <br />7 <br />
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