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Saturday, March 20, 2010

AG says Wimberley and hill country cities have power to regulate development on their fringes


"We plan to move forward and finalize an ordinance," city administrator Don Ferguson said. "With additional development expected in the future just outside our city limits, it's important we impose and enforce regulations that will protect the quality of the runoff that goes into the waterways."

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Read the complete story at this link: http://www.statesman.com/news/local/attorney-general-says-hill-country-cities-have-power-365290.html?srcTrk=RTR_169636

By Asher Price
Austin American-Statesman
March 16, 2010

Small cities in the Hill Country have the power to regulate development in areas just outside their limits, state Attorney General Greg Abbott said in an opinion Monday.

Abbott issued the opinion in response to a question by the City of Wimberley on whether it had the authority to enact construction rules in its extraterritorial jurisdiction — an area outside the city but subject to some city rules — to limit pollution from oil washing off driveways or from fertilizer washing off yards, among other things.

The rules could require setbacks from waterways, detention ponds to capture pollutants or silt fences to prevent construction materials or eroding soils from washing into streams.

On Monday, Abbott said the Legislature has authorized small cities such as Wimberley to implement "a water pollution control program in its extraterritorial jurisdiction" necessary to "achieve pollution control objectives" within its city limits.

16 comments:

Anonymous said...

There goes the neighborhood.

Sensible Governance said...

The woman running against Steve Thurber for his Wimberley City Council seat wanted to dump the dirty water from a proposed car wash up on RR 12 into the ditch along the road.

Does the AG determination protect us from incompetent people like her if she is elected to the council - or does she get to manipulate the system using this ruling like the CC goober from the 7A Ranch wants to do every chance he gets?

The Hard Truth said...

This ruling means nothing if we continue to elect self-serving downtown business owners to the Wimberley City Council so they can continue to approve business expansion projects that obviously benefit their own pocketbooks. The phony architect guy and the embedded Seven A Ranch Perry clone are perfect examples.

And now we can look forward to either a Pigg or a big Mac.

Makes me get indigestion thinking about it.

Anonymous said...

nothing to worry about folks, y'all just got rid of your city marshal's office - who's going to enforce your rules?

EcoOptimist said...

What about the hideous new storage buildings up on RR 12 by the failing hardware supply? Does the AG ruling allow the City to tear those ugly "free markets" monstrosities down?

If so, give the AG a big raise.

DonQ said...

EcoOptimist, I'm sorry to inform you that neither the Hardware Store nor the Storage Warehouse are locatewd in Wimberley's ETJ. They will have no authority there regardless of the AG opinion. From the Map I checked, I don't even think they are within Woodcreek's ETJ.

Why is "Freemarket" a bad word to some of you liberals. The opposite is Socialism or worse.

Anonymous said...

Don, you must be one of those Republican "Black & White" thinking people who really don't think much at all about the finer points of complex matters.

To leap from your "Freemarket" to its opposite extreme "Socialism" is a prime example of the hyperbolic logic you simpletons frequently use.

The storage warehouse EcoOptimist refers to (which I imagine won't do much to improve surrounding property values) has more to do with PLANNING FOR DEVELOPMENT than the exercise of one's free market rights. One man's free market rights is another man's loss in property value. Finding a balance with positive outcomes for all involved is what's known as PLANNING.

By your logic, it would be fine and dandy for someone to come in and set up a hog farm in the same location. Only difference here is that someone has applied a little bit of lipstick.

DonQ said...

Your post makes no sense, as most liberal ones don’t. What the hell would you suggest as a better compromise for the owner of the Warehouse? He has the funds to build it and he is breaking no law. He has apparently secured all permits and inspections. Do you want him to build it underground or try to camouflage it to look like a school? I’ll bet if it were a damn ugly football stadium nobody would complain. Liberals like schools and football.

The Hard Truth said...

Don, both EcoOptimist and the Anonymous who points out your black and white thinking make total sense. But let me spell it out for you in the most simple way possible.

First of all, free markets is a two word (not one word) symbol of a currently mindless ignorance justifying greed based on lies about liberals, socialism, and all the other nonsense you right wing nuts scream when you don't understand something.

See, every time you can't understand complex ideas or solutions, calling it liberal or socialism simply no longer works to scare or keep people ignorant. Liberals and progressives at least try to use critical thinking and analysis in forging ahead to solve society's problems.

Today's conservatives have seemingly little cognitive ability to solve complex economic or social problems so they consistently fall back on that standard but outdated concept of "free markets." Who are your leaders? Sarah Palin? Just another white guy from the confederate south"

Yes, many things can be solved by free enterprise, but less and less in a country with 300 million people in 50 different states with numerous religions and even more cultures. Which is why the rich are getting richer at the expense of the middle class; which is why 40 million people cannot afford health insurance; which is why right wing nuts resort to shouting "nigger", "faggot" or "baby killer" to people they don't agree with or have their skin color. All of this is why the antiquated John McCain and his vile and reckless VP nominee are not in the White House.

Don, I've read some of your comments. You are not entirely out of touch with social and economic reality. But maybe you should stick to agreeing with Peter Stern as your strength and not try to have too many thoughts of your own. Most of those are unoriginal and stereotypical.

We need conservatives who think and can problem solve with other smart people, not more Dons who sound like a local tea bagger.

As Mose Allison sang:

"If thoughts were criminal, YOU would lead a life of crime."

Conservative Agnostic said...

Don, quite embarrassing us fellow conservatives. You are starting to sound like one of those tea party idiots.

A man's got to know his limitations.

Humbled EcoOptimist said...

No, if Don is correct about the storage buildings I need to be corrected.

But people like Don don't know when to stop attempting to give foolish ideas credence. If he doesn't understand the free markets reference, he obviously is not going to understand much else about why America is in the shape it is in.

"Free Markets: The answer from all conservatives for questions they don't or can't understand."

Anonymous said...

The hardware store up the road is a goner. It was a loser before they even opened their doors. Did they do no market research at all? Weren't they aware that Ace Hardware commands a large and loyal customer base and that nobody was particularly looking for a new hardware store? And Home Depot just 10 miles north? Drive behind the new hardward store. Look how the lumber is stacked, on the dirt, with puddles and bad drainage all around. And when they close their doors, there will sit an empty business that nobody will want, desecrating the beautiful hill country.

Anonymous said...

Obviously, that hardware store swallowed the sales pitches (snake oil really) from the land developer and real estate broker hook, line and sinker. Too bad, but at least it puts future big idea commercial projects on notice to watch their backs.

Anonymous said...

I think you are right that the hardware store will not last. It is a shame since the owners of the franchise are a very nice family and work hard on both of their stores. The store is failing for the reasons given by the last two ‘anonymi’ and I just can’t figure out why the franchiser allowed this to happen. You would think someone in the home office would get off their lazy butt and check out the location first.

Now we are going to be stuck with an empty building. Maybe it could be re-opened as a porno store with a movie theater in back, possibly with topless dancers. This would be a slam-dunk since the location is outside any local jurisdiction. It would sure help the local economy. I may call a few people I know in Houston to see if they want to watch this possible business opportunity.

Anonymous said...

Anon, you better check with Commissioner Conley. I think he's got first bid on the topless dancers at his car wash in San Marcos.

Anonymous said...

I am beginning to really like Greg Abbott since he filed suit against the Obama Care’s assumption of government power to require citizens to purchase a product. There are so many things wrong with that law in its attempt to force another entitlement on our already bankrupt country. I hope the AG will bring other actions to cripple or possibly overturn this terrible legislation.