Travis County Commissioners Court
February 16, 2010,
Item 19
Number 19 is to consider and take appropriate action on the following.
a, amendment to chapter 82, Travis County code, to require a plat note regarding the county's limited ability to regulate land use in the unincorporated area.
and if the we take this into executive session, it will be under the consultation with the open meeting act.
19 b is to amend amendment to title 13 joint Travis County city of Austin subdivision code to modify section 30-2-a 3 to require a plat note on all plats regarding the limited ability to regulate land use in the unincorporated area.
and if we take that into executive session it will be under consultation with attorney also.
do you want to discuss a and b?
>> Commissioner, do you want to lead?
>> thank you, joe.
judge, as you know, we have been under fire for a long time here on the dias because of maybe not a clear understanding of what type of authority that the counties actually have.
as you know, we have very limited language authority.
but we have had to get our nose blooded on several occasions because of the fact that the persons that are presiding, purchasing real estate or whatever out in the unincorporated area within a subdivision have no idea until after the fact.
basically what we are looking for is some type of proper notification to let the folks know that Travis County and other counties, I guess, are just, but specifically Travis County, has a very limited land use authority.
and what vehicle are we going to use to make sure that the folks understand that the county has limited use authority under state statute.
so this is, there are probably several ways you can maybe do this, but this is something I think that I'd like to look to tnr and those others that will be involved with this, to allow what has come under chapter 82, or whether it comes within the bounds of the joint agreement with the city under title 30, they both have, I think, the same end result.
the end result is sort of a disclosure notification process to let citizens be aware of that we have limited land use authority according to section of the law.
so joe, if you don't mind going through and just kind of laying it out a little bit to let the folks really know what we are trying to did here as far as disclosure is concerned.
thank you.
>> one power we do have is to regulate subdivisions in the unincorporated area.
we share that authority with the city within their extra territorial jurisdiction.
so one level of notice is to put a plat note on every plat that comes through to basically cite the law that limits our ability to regulate land use either within the subdivision or add it--add joining it.
that would be section 232, the government code.
we pretty much track that language in our notification in the plat note.
what you have in your agenda, both for the chapter 82, which is our code regulates the unincorporated area outside the etj and also title 30, which is the etj, pretty much saying the same thing.
and it's not a comprehensive notice, in that not all people who buy land are going to look at the plat to understand the limitation of the county.
but it is in our authority to do this.
so this is one means of doing it.
part c on the agenda is yet another method of getting the word out.
that is what we are trying to accomplish.
>> is there specific language that you have in mind?
>> yes, it's attached as part of your backup.
you have an amendment to section 82.204 d.6 e to the Travis County code.
on the back side of that is the actual wording of the plat note.
e in your backup.
>> in both instances this is just a direct quote out of the limiting language of statute with regard to the etj and with regard to the unincorporated outside the etj.
>> that is correct.
>> I will look at yours in executive section because session because I don't have it.
let's take 19 into executive session under consultation with attorney exception to the open meetings act.
a few minutes ago we discussed item 34, the matter involving provisions and contracts Travis County has with the star of Texas rodeo and gm catering.
than will be the consultation with attorney and real estate, real property exceptions to the open meetings act.
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Last Modified:
Tuesday, February 16, 2010 2:15 PM
