Presenter
Presenter
Christopher J. Looney, Planning and Community Development Director
Contact Info
clooney@nbtexas.org
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SUBJECT:
Title
Presentation regarding a request from the City of Seguin to release properties within the New Braunfels ETJ to allow them to be annexed into the City of Seguin.
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BACKGROUND / RATIONALE:
Chapter 42 of the Texas Local Government Code establishes and designates extraterritorial jurisdiction (ETJ) to promote and protect the general health, safety and welfare of persons residing in and adjacent to municipalities. The ETJ is that area just beyond a city limits within which cities have some limited authority: subdivision platting, annexation, and other limited regulations. City’s do not generally issue building permits in the ETJ, and residents in the ETJ do not pay city taxes nor vote in city elections.
A city’s ETJ distance/depth is based upon the respective city’s population; New Braunfels’ ETJ extends 3.5 miles from its city limits (when we reach 100,000 in population it will extend 5 miles). If a city establishes ETJ, another city cannot annex into it, beyond it, or claim it as their ETJ. However, State law allows municipalities to exchange ETJ.
New Braunfels’ ETJ boundary crosses Highway 46 South near its intersection with Cordova Road. The City of Seguin has annexed up to and abutting New Braunfels’ ETJ along State Highway 46. Owners of several large agricultural tracts in this vicinity are seeking to be annexed by the City of Seguin, however these tracts lie within New Braunfels’ ETJ. The City of Seguin has requested these tracts be released from New Braunfels’ ETJ so that Seguin may annex them.
Even though the subject tracts are in New Braunfels’ ETJ, Seguin would actually provide wastewater services to them as they lie within Seguin’s sewer CCN (Certificate of Convenience and Necessity). However, Seguin’s policy is that they will only extend sewer service if within their city limits. The following are additional service provision facts regarding the subject properties:
• Water - Springs Hill Water Supply Corporation
• Electricity - Guadalupe Valley Electric Cooperative (GVEC)
• Fire protection - City of Seguin pursuant to a contract with Guadalupe County
• EMS - City of Seguin pursuant to a contract with Guadalupe County
• Law enforcement - Guadalupe County Sheriff
• Library - Seguin’s Library pursuant to a contract with Guadalupe County; New Braunfels ETJ residents can use New Braunfels’ library either with a TexShare Card or through other individual arrangements.
As the tracts are on the edge of New Braunfels’ ETJ, it will be some time before New Braunfels can annex them. With Seguin’s abutting city limits, Seguin is positioned to annex upon release, if released.
These tracts hold tremendous value for future development. Large single-family residential neighborhoods are rapidly developing on the large agricultural acreage in the vicinity. It is anticipated the same will occur with the subject and surrounding tracts. Commercial development at major intersections will follow. Therefore, release of these tracts should include an equivalent exchange.
The City of Seguin is willing to trade ETJ in order to obtain the subject parcels. New Braunfels and Seguin staff have been discussing and working to identify potential equitable parcels. One issue impacting New Braunfels is that much of the area within Seguin’s ETJ lies beyond 3.5 miles from New Braunfels’ city limits. This means that New Braunfels would have to take some additional procedural steps to claim any ETJ that lies beyond the statutorily authorized 3.5 miles. This could include annexation, authorization from the property owners, and/or an agreement with Seguin for future automatic release.
FISCAL IMPACT:
If extending New Braunfels’ ETJ will require annexation, additional fiscal impact of service provision will be required.
Recommendation
COMMITTEE RECOMMENDATION:
N/A
STAFF RECOMMENDATION:
Staff recommends continued evaluation of equitable tracts to bring forward for City Council consideration.
ATTACHMENTS:
• Map
• Slide Show