A new state law allowing landowners outside city limits to submit a petition to be released from requirements imposed in a city’s extra territorial jurisdiction, or ETJ, is being challenged in court.
A College Station city council majority at their March 28th meeting overrode Senate Bill 2038 with their vote to deny petitions submitted by six landowners to be removed from the city’s ETJ authority.
The council majority believed an old state law is still in effect and gives the authority to deny the petitions.
The council’s vote came after city staff approved petitions from three of the six landowners. The city’s chief development officer, Michael Ostrowski, explained why staff was now reversing that decision.
Ostrowski also said city staff did not notify the six landowners about the March 28th council meeting.
One of the three landowners who had received city staff approval of his ETJ removal request, Steve Pittman, considered the reversal “shady and behind the scenes at best.”
Ostrowski said the importance of the city of College Station protecting its interests in their five mile ETJ would impact emergency services and what was described as “the orderly subdivision and development of land”.
Mayor John Nichols says ETJ landowners can still contact city staff about development opportunities.
Click HERE to read and download Senate Bill 2038, which passed the Senate on a 20-11 vote and the House on a 127-18 vote. Voting yes were Brazos County senator Charles Schwertner and Brazos County state representatives John Raney and Kyle Kacal. Kacal was listed as a House co-sponsor.
Click below to hear a sampling of comments from the one hour ETJ discussion at the March 28, 2024 College Station city council meeting.