Title
Consider a memorandum/resolution authorizing the execution of an Interlocal Agreement with Bell County that authorizes Bell County to regulate subdivision plats in the extraterritorial jurisdiction pursuant to Texas Local Government Code, Chapter 242.
Body
DATE: April 15, 2025
TO: Kent Cagle, City Manager
FROM: Wallis Meshier, Exec. Dir. Of Dev. Services
SUBJECT: Bell County Interlocal Agreement Amendment
BACKGROUND AND FINDINGS:
Chapter 242 of the Texas Local Government Code (TLGC) requires cities and counties to enter into an agreement to establish the plat review process for properties located within the extraterritorial jurisdiction (ETJ).
The statute provides for four (4) types of such agreements:
1. City Regulation - City reviews all ETJ plats according to City standards;
2. County Regulation - County reviews all ETJ plats according to County standards;
3. Divided Regulation - The city and county divide the ETJ geographically, each keeping authority only in one portion; or
4. Joint Regulation - The city and county jointly review plats, but provide one uniform office to file plats, one filling fee, and provide one uniform and consistent set of plat regulations.
In 2002, the City of Killeen and Bell County entered into an interlocal agreement, which established the City of Killeen as the entity authorized to regulate subdivision plats in the ETJ. That agreement has remained in place and unchanged since 2002.
On February 24, 2025, City staff received a letter from the Bell County Judge requesting that the interlocal agreement be amended in one of two ways:
1. Option 1: Bell County would review and approve all plats in the ETJ and accept maintenance responsibilities associated with such; or
2. Option 2: the City of Killeen would review and approve all plats in the ETJ and accept maintenance responsibilities associated with such.
Given recent legislative changes - including S.B. 6 (85(R)), which limits the City’s ability to involuntarily annex property, and H.B. 4599 (88(R)), which allows property owners to petition for release from the ETJ - Staff finds that the City’s ability to regulate property in the ETJ is already severely limited.
Staff finds that relinquishing platting authority in the ETJ back to the County is the most appropriate course of action.
THE ALTERNATIVES CONSIDERED:
N/A
Which alternative is recommended? Why?
N/A
CONFORMITY TO CITY POLICY:
This amendment conforms to all applicable City policy.
FINANCIAL IMPACT:
What is the amount of the revenue/expenditure in the current fiscal year? For future years?
Not applicable
Is this a one-time or recurring revenue/expenditure?
Not applicable
Is this revenue/expenditure budgeted?
Not applicable
If not, where will the money come from?
Not applicable
Is there a sufficient amount in the budgeted line-item for this revenue/expenditure?
Not applicable
RECOMMENDATION:
Staff recommends that the City Council authorize the City Manager, or designee, to execute an interlocal agreement with Bell County establishing the County as the authority responsible for review and approval of plats in the ETJ.
DEPARTMENTAL CLEARANCES:
This item has been reviewed by Development Services and Legal.
ATTACHED SUPPORTING DOCUMENTS:
Correspondence from Bell County
Interlocal Agreement
TLGC Chapter 242
Presentation