16 - DISANNEXATION REQUESTS 36TH N.E.

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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 earliest date permitted under federal law (Sec.43.906 (a)). Section 6. Municipal Regulation of the Ex train orial Jurisdiction The policy purpose regarding the ETJ is stated in Sec. 42.001 of the TLGC. Chapters 42 and 43 of the TLGC address the Municipal Annexation Act. The City of Paris' population has, under Sec. 42.021 a "number of inhabitants" between 25,000- 49,999, "and therefore the extent of (its) extraterritorial jurisdiction" is two (2) miles. Sec. 42.023 states: "The extraterritorial jurisdiction of a municipality may not be reduced unless the governing body of the municipality gives its written consent by ordinance or resolution, except in cases of judicial apportionment of overlapping extraterritorial jurisdiction under Sect. 42.901." Section 42.022 discusses the expansion of the M. The code also addresses the very rare issue of overlapping ET1s. 1. Municipal Regulations Within the ET! Texas cities do not have the statutory ability to zone property within their ETJ; however, Sec. 212.003 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: Paris' Subdivision Regulations states that said 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 ETJ if there is an interlocal agreement providing for such regulation and approval (Sec. 242.001 (e)). If a property lies within the ETJ of more than one municipality, the municipality with the larger population has the responsibility for approval (Sec. 212.007 (a)). 2. Subdivisions 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_B. 1445, now in Chapter 242 of the Texas Local Government 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 ET1 (Sec. 242.001 (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. 242.001(c). Texas municipalities have four options under H.B. 1445: (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 ET1 geographically and each will delineate in which area it possesses authority 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 file plats, and one uniform and consistent set of plat regulations.