16 - DISANNEXATION REQUESTS 36TH N.E.

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its ETJ, the municipal ordinance supersedes the regulations imposed by or adopted by the Commission. (Sec. 216.902.) 6. industrial Districts and Planned Unit Development Districts Section 42.044 of the TLGC allows a municipality to designate a part of its ETJ as an industrial district and treat that area in the manner considered to be in the best interest of the city, including making written contracts with the owner of the land regarding annexation and regulations. Chapter 42 of the TLGC also discusses planned unit development districts in the ETJ. The governing body of a municipality that has disannexed territory previously annexed for limited purposes may designate an area within its ETJ as a planned unit development district by written agreement with the owner of the land. The planned unit development district shall contain no fewer than 250 acres. (See TLGC Sec. 42.046.) 7. Impact Fees Impact fees, under Ch. 395 of the TLGC, may be applied in the ETJ; however, impact fees for roadway elements cannot be imposed in the ETJ. Paris does not collect such fees at this time. 8. Municipal Drainage Utility Systems Under Sec. 402.044 (8) of the TLGC, the boundaries of a city's drainage system service area may be extended within the ETJ that contribute overland flow into the watershed of the city. Paris has no such system at this time. 9. The 5,000 Foot "Nuisance Zone" Section 217.042 of the TLGC states as follows: (A) The municipality may define and prohibit any nuisance within the limits of the municipality and within 5,000 feet outside the limits, without regard to its ETJ. (B) The municipality may enforce all ordinances necessary to prevent and summarily abate and remove a nuisance. If a home -rule city wishes to enforce these activities extraterritorially, city ordinances must be amended to reflect the extraterritorial application of the ordinances. Also, a home -rule city cannot just state that all conduct is a nuisance and extend such nuisance regulations 5,000 feet from the city's boundaries. A "nuisance" is anything that works injury, harm or prejudice to an individual or the public, or which causes a well- founded apprehension of danger. A nuisance obstructs, impairs or destroys the reasonable, peaceful and comfortable use of property. 10, Economic Development HB 918, effective May 17, 2005, amended Section 380.001(a) of the TLGC to include a municipality's ETJ and areas annexed for limited purposes as part of the municipality for purposes of establishing economic development programs. SS 466, effective September 1, 2005, amended a number of Sections of chapter 377 of the TLGC relating to municipal 8