Title
Consider/Discuss/Act on an Ordinance Amending Chapter 122 (Construction Regulations) of the Code of Ordinances Pertaining to Permitting within McKinney's Corporate Limits and its Extraterritorial Jurisdiction (ETJ)
Summary
COUNCIL GOAL: Direction for Strategic Growth
MEETING DATE: March 17, 2015
DEPARTMENT: Development Services
CONTACT: Mark Houser, City Attorney
Barry Shelton, AICP, Assistant City Manager
Michael Quint, Director of Planning
RECOMMENDED CITY COUNCIL ACTION:
· Approve the proposed amendments to Chapter 122 (Construction Regulations) of the Code of Ordinances and adopt the proposed ordinance.
ITEM SUMMARY:
· Staff is proposing to modify the Code of Ordinances to clarify where the City's permitting authority shall extend to. The proposed amendments explicitly outline that the City's permitting authority will apply to both its corporate limits and its extraterritorial jurisdiction (ETJ).
· The City of McKinney is a Home Rule City possessing the full power of local self-government pursuant to Article 11, Section 5 of the Texas Constitution, Section 51.072 of the Texas Local Government Code, and the City's Home Rule Charter; and
· The City Council adopted Ordinance No. 2013-07-061 on July 16, 2013, which adopted the following codes; all of which codes are set forth and codified in Chapter 122 of the Code of Ordinances of the City of McKinney:
o the 2012 edition of the International Building Code and amendments thereto;
o the 2012 edition of the International Residential Code and amendments thereto;
o the 2012 edition of the International Mechanical Code and amendments thereto;
o the 2012 edition of the International Plumbing Code and amendments thereto;
o the 2012 edition of the International Fuel Gas Code and amendments thereto;
o the 2012 edition of the International Energy Conservation Code and amendments thereto; and
o the 2011 edition of the National Electrical Code and amendments thereto.
· The City Council adopted Ordinance No. 2015-001-003 on January 6, 2015, which adopted the 2012 edition of the International Property Maintenance Code and amendments thereto, which is set forth in Chapters 122 and 126 of the City Code.
· Chapters 212 and 230 of the Texas Local Government Code authorize municipalities to exercise regulations affecting the development and construction of subdivisions in the municipality's city limits and ETJ.
· Chapter 142 of the Code of Ordinance's (Subdivision Regulations) provides that the City's regulations set forth in that chapter extend to and apply to all of the areas within the City and within the area outside the corporate limits of the City within the City's ETJ, pursuant to Chapters 42, 43 and 212 of the Texas Local Government Code.
· Certain decisions by Texas appellate courts, specifically City of Lucas v. North Texas Municipal Water District, 724 S.W.2d 811 (Tex.App.-Dallas 1986, writ ref'd. n.r.e.), and Hartsell v. Town of Talty, 130 S.W.3d 325 (Tex.App.-Dallas 2004, pet. denied), recognize that a municipality may enforce its construction-related codes in its corporate limits and ETJ.
· The City of McKinney and Collin County, Texas, have entered into an interlocal agreement pursuant to House Bill 1445, which statute became effective September 1, 2001, and is now codified as Section 242.001 of the Texas Local Government Code, which agreement is attached as "City-County Plat Approval Agreement," effective March 19, 2002.
· Pursuant to said Agreement, the City is granted exclusive jurisdiction to regulate all subdivision plats and approve all related permits in the City's ETJ in accordance with Chapter 212 of the Texas Local Government Code, the City's adopted Subdivision Regulations, or other applicable codes or ordinances.
BACKGROUND INFORMATION:
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FINANCIAL SUMMARY:
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BOARD OR COMMISSION RECOMMENDATION:
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