COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE OffiGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE
RF,VIEWED BY THE COURT.
MADE BY: Fred He OFFICE:
MEETING DATE: J ry 28, 2002
SUBJECT: (PLEASE BE SPECIFIC)
County Judge
TIME PREFERRED:
Consider and discuss parameters for ageement with City of Ingam regarding approval of subdivision
plats in the Ingam ETJ.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT:
ESTIMATED LENGTH OF PRESENTATION:
County Jude
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter
551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday,
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON: @
All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards you request being addressed at the eazliest opportunity. See Agenda Request Rules
Adopted by Commissioners' Court.
~~ ~. ~~~~
ATTORN EV AT LAW
January 11, 2002
Judge Fred Henneke
Kerr County Courthouse
700 Main Street
Kemille, "Texas 78028
Re: City of Ingram/Regulation of Subdivision Plats
Deaz Judge Henneke:
P O Box 379
HUNT, TEXAS 78024
(830) 238-4925
FAX (B30) 238.4937
As you aze aware, the last Legislature amended Section 242.001 of the Local Government Code
concerning jurisdiction to regulate subdivision plats in the extraterritorial jurisdiction of a City. The
section now requires an agreement between the county and the city of Ingram establishing by agreement,
the controlling jurisdiction.
The Ingram Council has expressed the desire to maintain jurisdiction in these matters. My
conversations with Commissioner Griffin indicate that the County has no problem with that
arrangement, but may have some concerns about the standards to he enforced, particularly on future
construction.
Perhaps the expedient approach to developing a final agreement would be for the County
Attorney to make a draft of an agreement for consideration by the Council. In that way, the concerns of
the County would be in the first draft to be considered. Should I make the first draft, I would have no
way of addressing the county's concerns.
The City stands ready to work with the County in reaching an amicable and satisfactory
agreement. If I can work with the Attomey on the first draft, please do no hesitate to have him call me.
Thank you for your kind consideration and attention to this matter.
rely,
O-~r~~"
Dan .Edwards
DREat
CC: Mayor Monroe Schlabach

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AN ACT
relating to the authority of municipalities and counties to
regulate subdivisions in the extraterritorial jurisdiction of a
municipality.
BE IT ENACTEC BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 242.001, Local Government Code, is
amended to read as follcws:
Sec. 292.001. REGULATION OF SUBDIVISIONS GENERALLY. (a)
This section applies only to a county operating under Sections
232.001-232.005 or Subchapter B or C, Chapter 232. Subsect_ions_
fib)-(e)_do not apply;
C1)._within a county that contains extraterritorial
jurisdiction of _a municipality with a_..population of 1.9 million or
moreF or
C?1 within a county within 50 mile s. of an
internationa_1__border, or_to which Subchapter C, chapter 232,
applies..
(b) For an area in a municipality's extraterritorial
jurisdiction, as defined by Section 212.001, a plat may not be
filed with tk~e county clerk without the approval of [bet-kl the
governmental entity authorized under_Subsection {c) or_.(d)_to
reg_ulate_subdivisions_.n_the area [
~.~s., -- - - - - --
y
r - ----------- - -
.r - - -- - -
{c) Except_a_s_provided bK_SUbsections Cd)~3Land L), a
munic~alit~ and a_coun~may not both regulate subdivisions in
[ire] the extraterritorial jurisdiction of a municipality after an
agreement under Subsection (dj is executed. The municipality and
the county shall enter into a written agreement that identifies the.
governmental entity authorized to regulate subdivision__plats and
improve related permits. in the extraterritorial jurisdiction. For
a municipality in_existence_on September.1~200~_the munici~.ality
and county shall enter into a written agreement under this
subsection on orbe_fore April 1, 2002,_ For a municipality
nco~orated after September x_2.00.1 the. muncipalty_and count
shall enter into a written agreement under this. subsection not
later than the 120th d~ after the date the munic~ali~
incorporate s_, The municipalit v. and the county shall adopt the
agreement b~~ order ordinance~or resolution ._ The agreement must
be amended.~_the munic~alitk_and_the county if necessary to .take
into account an exoansionox-_reduction in the extraterritorial
jurisdiction_of the municl~alty. The municl7~al_ity shall_notifv
the count ~.of any expansion or reduction in the municipality's
extraterritorial jurisdiction. _Any_expansion or reduction._in the
municipality's extraterritorial~ur_sdiction that affects property
that is subject to a pr_eliminarv. or fnal_plat filed. with the
m_uniClpality or that was_previous~.a rove.d~nder Section 212.009
does not affect any rights accrued under Chapter 295. .The approval
of_the Dldt_ or any_~ermt remains effective as provided by.Chapter
295 reaardl.ess of the .change in_desi~nation a~ extraterritorial
jurisdiction of_the municipalit v.
{dL An agreement under Subsection_~ c) maw grant. the
authority to_r~ulate_.subdivsion plats and..approve. related p mits
in the extraterritorial jurisdiction of a municipality_as follows•
http://www.capitol.state.tx.us/tlo/77r/billtext/HB01445F.HTM 6/26/01
77(R) Hl3 ' 44J 1,nro_:et. version - =, ~~.
3-12 (:L) (-, she municipality may be granted elusive
?-13 jczisdict.ion i;o regulate subdvision_plats and approve related
3-14 permits .n the ext-caterritorial 'jurisdiction and may regulate
-15 subdivisions under Subchapter A of Chapter 212 and other statutes
3-16 applicable to municipalities
3-17 (21 [;~~] the county may be, g_ranted_exclusive
3-18 jursdction_to regulate subdivision .plats and approve related
3-19 permits._in th_e exT,raterrito>:ial jurisdiction and may regulate
3-20 subdivisions under Sections 232.OOI-232.005, Subchapter B or C,
3-21 Chapter 232, and other statutes applicable to counties
3-22 (3~ the munici alit~and the county may apportion the
3-23 area_.withn the e:{traterritoral jurisdiction of the municipality
3-24 with the municipality regulatn~ subdivision plats and approvins
3-25 related permits_inthe area assigned to the munic~ality and the
3-26 county regulating subdivision plats and approvingrelated permits
3-27 int_he_area assigned_to the_ county; or
9-1 (41 the_munic~alit~_and the county maY enter _into an
9-2 inte r_loca.l agreem_e_nt .that:
4-3 (A1__establshes one office that is authorized
4-4 to:
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4-5 ~i~ accept_~lat applicatons_for tracts of
4-6 land located in. the extraterritorial juri diction.
4-7 (ii _ collect munic~al and county plat
9-8 application feesin_a lump=sum amounts and
9-9 iiil provide applicants one resp~se
4-10 indicating approval or denial_of the_plat_ap~.licatipn~nd
9-11 (B~ establishes a nsol.idated and C9nsi~ent
9-12 set. of rec~u-lations related to__plats and subdivisions of land as
4-13 authorized b~ Chapter 21~ Sections 232.001-232.005 Subcha~ters_ B
4-14 and_C,._Chapter 232, and other statutes applicable to municipalities
4-15 and counties that will be enforced in the extraterritorial
9-16 jurisdiction[.
9-17 7 r P J
4-18 Lel [+~}J In an unincorporated area outside the
9-19 extraterritorial jurisdiction of a municipality, the municipality
4-20 may not regulate subdivisions or approve the filing of plats,
4-21 except as provided by The Interlocal Cooperation Act,_Chapter 79~
4-22 Government_Code [ F~4r~}eke 44}~ F32e3 , "--"-' - '"'- -- ^' -`
4-24 _(fl._ This subsection .applies until_an agreement is reached
9-25 under Subsection LdJ•_ For an area in_a municipality's
4-26 ext_raterritorial__jurisdictioJ_ as. defined by Section 212.001, a
9-27 plat may not_be filed with the county clerk without_2he aporoya_1 of
5-1 both_the municl~alit~+_and the_count~__If a muniClpal regulation
5-2 and _a county _regulatioon relatng_to plats and subdivisions of land
5-3 conf2icJthe more stringent reaulation_pre~ls. However, if one
5-9 governmental. entity xeguires a plat to be filed for the subdivision
5-5 of _a particular__tract of land in_the_extraterritorial jurisdiction
5-6 of the_munici alit~and the_other overnmental entity does not
5-7 require the filing_of aplat for that subdivision~_the authority
5-8 responsible for_ap~roving_plats for_the governmen_t_al entity that
5-9 does not_reauire the filing shall issue on...reyues t_ of the
5-10 subdivider a written certification statinq_that_a.~lat is not
5-11 re_c~uired to be filed for that subdiv_s_ion of the land. The
5-12 certification must be attacked to a_plat required to be filed under
5-13 this subsection.
5-14 1-qJ-_. Subsection L1 ap~l e s_ to a county and_areato which
5-15 Subsections lbl-fel do not ap~lK.
5-16 SECTION 2. This Act takes effect September 1, 2001.
President of the Senate Speaker of the House
S certify that H.B. No. 1495 was passed by the House on April
25, 2001, by a non-record vote; and that the House concurred in
http://www.capitolstate.tx.us/tlo/77r/billtext/HB01445F.HTM 6/26/01
77(R) HB 1445 Eruolec'. vers.on - : ti _. _ ex+:
Senate amendments r_c 3.B. No. 1445 on May 24, 2001, by a non-record
vote.
Chief Clerk of the House
I. certify t}ia~ H.E. No. 1445 was passed by the Senate, with
amendments, oa Map 21, 2001, by a viva-voce vote.
APPROVED:
Secretary of the Senate
Date
Governor
http://www.capitol.state.tx.us/tlo/77r/billtext/HB01445F.HTM 6/26/01