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Home My WebLink AboutResolution No. 02-11 CITY OF THE COLONY, TEXAS RESOLUTION NO. ~ ,,Q~- A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF THE COLONY AND DENTON COUNTY GRANTING THE CITY OF THE COLONY EXCLUSIVE JURISDICTION TO REGULATE SUBDIVISION PLATS IN THE EXTRATERRITORIAL JURISDICTION (ET J); PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Manager of the City of The Colony, Texas, is hereby authorized and empowered to execute an Interlocal Cooperation Agreement with Denton County granting the City of The Colony exclusive jurisdiction to regulate subdivision plats in the Extraterritorial Jurisdiction (ETJ)as defined in the Agreement. Section 2. That a tree and correct copy of the lmterlocal Cooperation Agreement is attached hereto and incorporated herein. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 18th day of March 2002. Bemetta Henville-Shannon, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary INTERLOCAL COOPERATION AGREEMENT THIS INTERLOCAL COOPERATION AGREEMENT ("ICA") is entered into and in accordance with the provisions of the Interlocal Cooperation Act. Chapter 791, Texas Government Code, and Texas Local Government Code §242.001, as amended by House Bill 1445. ("H.B. 1445"), enacted by the Texas Legislature during its 77th Legislative Session and effective September 1, 2001, by and between the City of The Colony, Texas ("City"), a political subdivision of the State of Texas, and the Denton County, Texas, ("County"), also a political subdivision of the State of Texas. Recitals WHEREAS, prior to the enactment of H.B. 1445, Texas Local Government Code {}242.001 authorized the City and the County to exercise concurrent jurisdiction over the platting process required upon the subdivision of land within the City's Extraterritorial Jurisdiction ("ETJ") located within the County; and WHEREAS, H.B. 1445 amends Texas Local Government Code {}242.001 to require that the City and County agree to a means whereby only one governmental agency will have jurisdiction to oversee and regulate the platting processes and related permits within a municipality's ET J; and WHEREAS, the Interlocal Cooperation Act allows local governments to contract with one another to perform governmental functions such as platting and approval of related permits; and WHEREAS, City and County mutually desire to be subject to the provisions of the Texas Government Code, Chapter 791, the Interlocal Cooperation Act, specifically {} 791.011 regarding contracts to perform governmental functions and services; and WHEREAS, H.B. 1445 requires City and County to enter into a written agreement that identifies the governmental entity authorized to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction ("ETJ") of City; and WHEREAS, both City and County desire that City be granted such exclusive jurisdiction to regulate subdivision plats and approve related permits in City's ETJ under Chapter A of Chapter 212 of the Texas Local Government Code and other statutes applicable to municipalities, all of which is provided for in the Interlocal Cooperation Act and H.B. 1445. NOW, THEREFORE, City and County, for the mutual consideration stated herein, agree and understand as follows: Agreements 1. City Granted Exclusive Jurisdiction. City shall be granted exclusive jurisdiction to regulate all subdivision plats and approve all related permits in City's ETJ and may regulate subdivisions under Chapter A of Chapter 212 of the Texas Local Government Code and other statutes applicable to municipalities, and County shall no longer exercise any of these functions in City's ETJ. The City is not granted jurisdiction to enforce Texas Health & Safety Code 366 and on-site sewage facilities under Texas Administrative Code ("TAC") Chapter 285 unless the City is an authorized agent of the Texas Natural Resource and Conservation Commission under TAC §285.10. The jurisdiction to approve and regulate culvert and development permits shall remain within the jurisdiction of the County. 2. ET, JDefined. For the purposes of this agreement, the City's ETJ is described by the area indicated on Exhibit A, attached hereto and made part hereof by this reference. The recognition of the ETJ shall not be deemed an admission by the City or the County in an,',' dispute with any other person or municipality regarding the boundaries of the City's ETJ. 3. ETd Expansion or Reduction. Should City expand or reduce its ET J, City shall notify the County of such expansion or reduction within thirty (30) days by sending a copy of the applicable ordinance. Upon receipt of the ordinance, the County will revise the City's ETJ on its GIS system, revise Exhibit A, submit the revised Exhibit A to the Commissioners Court for approval and, after approved, forward a copy to the City. Receipt by the City of the revised Exhibit A from the County shall be deemed an amendment to this ICA by the parties pursuant to Texas Local Government Code §242.001(c). The date the City receives Exhibit A shall be the "Date of Amendment" for the purposes of this ICA. In the event that City's ETJ should expand or reduce such that the expansion or reduction of ETJ necessitates the amendment of this Agreement, both City and County agree that City shall continue to be granted exclusive jurisdiction to regulate subdivision plats and approve related permits in its ET J, and to regulate subdivisions under Subchapter A of Chapter 212 of the Texas Local Government Code and other statutes applicable to municipalities, until this Agreement is amended to take into account such ETJ expansion or reduction. 4. Notice of Approved Plats. The City shall notify the County of the approval of a plat. A copy of the approved plat and any engineering plans shall be sent to the Denton County Planning Department, 306 N. Loop 288, Suite 115, Denton, Texas 76209. The copies of approved plats shall be sent to the County within thirty (30) days of the City's approval. If available to the City, the approved plat and engineering plans may be sent on floppy disks or CD-rom in a format compatible with the County's GIS system, compatible formats being .dwg, .dxf, or shp. in a stateplane NAD83. After notice of approval is given, the County shall assign addresses to each lot within an approved subdivision. 5. Plats Effected. The plats which will be subject to this ICA are those that will be filed after the Effective Date, as defined herein, of this ICA. If the ETJ is expanded or reduced, plats must be filed with the party who has jurisdiction after the Date of Amendment. The party receiving an application for a plat approval for which the party has no jurisdiction may either direct the developer to the appropriate office or forward the application. Any rights accruing to a person under Texas Local Government Code Chapter 245 shall not be effected. 6. Collection qfFeex and Costs. All costs involved with the approval of subdivision plats, including but not limited to engineering reviews, inspections of public improvements, under this ICA shall be borne by the City and payable out of current revenues available to it. All tees collected by the City shall be retained by the City. 7. Effective Date. The Effective Date shall be the date upon which both parties have approved and fully executed this ICA. 8. Applicable Regulations. The subdivision rules and regulations currently enacted by the City and extended to the ETJ are hereby established as the set of regulations to be enforced by the City in the ETJ. The only exception to this provision shall be instances where the subdivision rules and regulations of the County provide a more stringent standard, in which case. the more stringent standard shall apply. Any amendments to either party's subdivision rules and regulations shall be sent to the other party pursuant to Section 8(e) below. 9. Miscellaneous Provisions. (a) This Agreement expresses the entire agreement between the parties hereto regarding the subject matter contained herein and may not be modified or amended except by written agreement duty executed by both parties. (b) This Agreement has been duly and properly approved by each party's governing body and constitutes a binding obligation on each party. (c) This Agreement shall be construed in accordance with the laws of the State of Texas and venue for all purposes hereunder shall be in Denton County, Texas. (d) If any provision hereof is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be fully severable herefrom and this Agreement shall be construed and enforced as if such invalid, illegal or unenforceable provision never comprised a part hereof: and the remaining provisions shall continue in full force and effect. (e) All notices required to be given by virtue of this ICA shall be addressed as follows and delivered by certified mail, postage prepaid or by hand delivery: City: The City Manager. City of The Colony 6800 Main Street The Colony. Texas 75056 Copy to: The Director of Development Services City of The Colony 6800 Main Street The Colony. Texas 75056 County: Denton County Judge 110 West Hickory Denton. Texas 76201 Copy to: Denton County Planning Department 306 N. Loop 288. Suite 115. Denton. Texas 76209 and Denton County Criminal District Attorney Civil Division P.O. Box 2850 Denton. Texas 766lOo~. (f') This ICA is not intended to extend the liability of the parties beyond that provided by law. Neither the City nor the County waives any immunity or defense that would otherwise be available to it against claims by third parties. APPROVED BY THE CITYz.~.OUNCIL FOR THE CITY OF TEXAS, in its meeting held on the /~-~ day of ~3---7~,._... 2002, and-~xecutefl by its authorized representative. it e: Mayor, City of The Colony ATTEST: Patti Hicks, City Secretary APPROVED AS TO FORM: APPROVED BY THE CO~%I~IISSIONERS COURT FOR DENTON COUNTY, TEXAS. in its meeting held on the } day of-O _t~_O~(" , 2002, and executed by its authorized representative. DENTON COUNTY, TEXAS .,,. ,.~ s ~ ..0..v_~7,_,,,,' ~ ~ ~ ~ o = Hon. Mary ~orn ~om}~ . ~ Denton County Judge ~TT~T: ~o~nty APPROVED AS TO FORM: Assistant District Attorney / / Page 5 of 5 The Colony Area ETJ Boundaries 26 March 2002 --7 Legend Roads ETJ ~/ ~---~ F~sco ._../ Hebren ILewis,.lie [__] !Jttle Elm Oak Point IPiano 1:79,194 7,100 3,550 0 7,100 Feet