ETJ Development Agreements

ETJ Development Agreements are governed by Texas Local Government Code Section 212.172.

ETJ Development Agreements can be used for the following purposes:

  • Annexation:
    • Guarantee the continuation of the extraterritorial status of the land and its immunity from annexation by the municipality;
    • Provide for the annexation of the land as a whole or in parts and to provide for the terms of annexation, if annexation is agreed to by the parties;
    • Specify the uses and development of the land before and after annexation, if annexation is agreed to by the parties;
  • Planning and Land Use:
    • Extend the municipality’s planning authority over the land
    • Specify the uses (but not zoning by contract) and development of the land before and after annexation, if annexation is agreed to by the parties
    • Authorize enforcement by the municipality of certain municipal land use and development regulations in the same manner the regulations are enforced within the municipality’s boundaries
    • Authorize enforcement by the municipality of land use and development regulations other than those that apply within the municipality’s boundaries, as may be agreed to by the landowner and the municipality;
  • Infrastructure and Development:
    • Streets and roads;
    • Drainage;
    • Water, wastewater, and other utility systems;
  • Environmental Regulation:
    • Authorize enforcement of environmental regulations
  • Catch-all: Include other lawful terms and considerations the parties consider appropriate.

 

 

 

 

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