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HomeMy WebLinkAboutResolution 3421-10-2006A Resolutlon NO. 3421 10-2006 APPROVING INTERLOCAL AGREEMENT WITH TARRANT COUNTY, TEXAS FOR REGULATION OF SUBDIVISION PLATS AND APPROVAL OF RELATED PERMITS IN THE CITY'S EXTRATERRITORIAL JURISDICTION WHEREAS, the City of Fort Worth and Tarrant County Texas currently regulate subdivision plats in the portion of the extraterritorial ~urisdtction ("ETJ") of the City of Fort Worth located m Tarrant County pursuant to Chapter 212 and 232, respectively of the Texas Local Government Code• and WHEREAS, HB 1445 and HB 1204 codified as Sectton 242.001 Texas Local Government Code, require that munictpalrttes and counties enter into an agreement concerning regulation of subdtvtstons in a mumctpalities ETJ whereby only one governmental body will regulate such subdivtstons, and WHEREAS, Section 242.001(c) of the Texas Local Government Code requires that the mumctpahty and the county shall adopt the agreement by order ordinance, or resolution, and WHEREAS, the City of Fort Worth and Tarrant County have agreed that the City and the County will establish a set of consoltdated regulations and establish one office at City Hall to accept plat applications, collect fees, and provide applicants one response indicating approval or denial of plat applications, pursuant to Section 242.001(d) (4) of the Texas Local Government Code NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT The Interlocal Cooperation Agreement between the City of Fort Worth and Tarrant County attached hereto, provtding for establishment of a consolidated set of subdivision regulations and one office at City Hall that will accept plat applications, collect fees and provide applicants one response indicating approval or denial of the plat application, is hereby approved, and 2. Authorize the Crty Manager or tits designee to execute the agreement. FURTHER RESOLVED, that the City of Fort Worth certifies that the agreement complies with the requirements of Chapter 242 of the Texas Local Government Code ADOPTED this i°0~'~~}day of October 2006 y,~4~-~ ~ ~ 4 t €~~ APPROVED ATTEST ~ -~~ ~ ~ ~~,~ CITY COUf~CIL ~, u ~. OCT 1 0 2006 By., ;IVlarty Hendrix ~ ~' ~ ~~,-~~~„~ 'City Secretary f,r'- ~~ ~ City Secretary of the '~• ~,~`~ ~ ~ ~.. City of Fort Worth, Texas ~'.~.'• INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COUNTY OF TARRANT AND THE CITY OF FORT WORTH REGARDING PLAT APPROVAL JURISDICTION IN THE CITY'S EXTRATERRITORIAL JURISDICTION This INTERLOCAL AGREEMENT is made and entered into this the day of 2006, by and between the CITY OF FORT WORTH, a home rule municipal corporation of the State of Texas, located within Tarrant, Denton, and Wise Counties, Texas (hereinafter referred to as the `City") and TARRANT COUNTY, TEXAS, a political subdivision of the State of Texas, located within Tarrant County Texas. (hereinafter referred to as `Tarrant County" or `County") RECITALS The City and Tarrant County hereby agree that the following statements are true and correct and constitute the basis upon which the City and Tarrant County have entered into this Agreement: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Government Code of the State of Texas and as authorized by Chapter 212 and Chapter 232 of the Texas Local Government Code and other statutes applicable to counties and municipalities, m accordance with House Bill 1445 ("H.B 1445"), enacted by the Texas Legislature during its 77th Legislative Session, codified m Local Government Code §242.001 002 and WHEREAS, the functions or services contracted for and to be provided by this Agreement are within the definition of governmental function and services as defined by Section 791 003 of the Government Code pursuant to Local Government Code § 242.001 002 that requires the City and the County to enter into a written agreement that identifies the governmental entity authorized to regulate subdivision plats and approve related permits m the extraterritorial jurisdiction (ETJ) of the City• and WHEREAS the Local Government Code §242.001 002 allows the City and Tarrant County to establish one office and a consolidated and consistent set of regulations related to plats and subdivisions of land as authorized by Chapter 212 and Chapter 232 of the Texas Local Government Code and other statutes applicable to counties and municipalities, so as to regulate subdivision plats and approve related permits m the ETJ and, WHEREAS, both the City and County desire to establish one office to accept plat applications and fees in a lump sum amount for tracts in the ETJ provide one response to applicants indicating approval or denial of the application, and a consolidated and consistent set of regulations related to plats and subdivisions of land as authorized by Chapter 212 and Chapter 232 of the Texas Local Government Code and other statutes applicable to counties and municipalities, so as to regulate subdivision plats and approve related permits m the ETJ (referred to hereinafter as Page 1 of 12 consistent set of ETJ regulations"), all of which is provided for m the Interlocal Cooperation Act and Local Government Code § 242.001 002, and, WHEREAS, the Clry and County find that this Agreement will benefit the public by providing appropriate regulation of growth and for the safety health and general welfare of the inhabitants of all persons residing m the ETJ and throughout Tarrant County and, WHEREAS, the City and County intend this Agreement to permit each party to work together to preserve and maximize their respective regulatory powers possessed by each to the fullest extent of the law for the mutual benefit of both, and WHEREAS, rt is also the intent of the parties that this agreement is only intended to establish certain basic guidelines, and that the majority of the details of the rules and regulations will be separately developed In the consolidated and consistent set of ETJ regulations, and, NOW, THEREFORE, for the mutual consideration stated herein, the parties agree and understand as follows. ARTICLE 1 AUTHORIZATION AND TERM § 1 O 1 Authorization. This Agreement is authorized and approved by the governing body of Tarrant County and the Clry and constitutes a binding obligation on the County and the City § 1 02. Term. This Agreement shall continue m full force and effect until modified by mutual consent of the governing bodies to this Agreement, but its terms may be reviewed annually by mutual consent of the governing bodies of the City and County § 1 03 Termination. Either parry may terminate this Agreement without cause upon thirty (30) days written notice to the other parry If, after 120 days, the Clty and County fall to reach consensus on a new Agreement, the parry that terminated the Agreement shall take the necessary steps to begin the arbitration process per Texas Local Government Code 242.0015 or other applicable law ARTICLE 2. APPLICABLE PLATS §2.01 Plats Subject to this Agreement. All plats will be subject to this Agreement, including preliminary amended, revised or final plats where any portion of the plat property is inside the City's ETJ and where either the City or County would have jurisdiction under any applicable law §2.02. Plats Not Sub,ect to this Agreement. No plats for which the fees were paid and the application for plat approval was presented to either the City or the County before the effective date of this Agreement are subject to this Agreement. These plats will be governed by law and Page 2 of 12 procedures m effect before adoption of this Agreement. §2.03 Texas Local Government Code Chapter 245. If either party receives an application for a plat approval for which the party has no jurisdiction, the party will direct the developer to the appropriate office. Any rights accruing to a person under Texas Local Government Code Chapter 245 shall not be affected, assuming that fees and application are m compliance with applicable law and filed with the proper governmental body having ~urisdlction under this Agreement. ARTICLE 3. RESPONSIBLE PARTIES §3 O1 Establishment of Office to Accept Plat Applications and Fees. The Clty and the County agree to establish one office ("Responsible Office ') to accept plat applications for tracts of land located m the City's ETJ to accept fees m a lump sum amounts, provide one response to applicants indicating approval or denial of the application and/or related permits, all consistent with a consolidated and consistent set of ETJ regulations related to plats and subdivisions of land as authorized by Chapter 212 and Chapter 232 of the Texas Local Government Code and other statutes applicable to counties and municipalities, m accordance with the provisions of the Interlocal Cooperation Act, Chapter 791 Texas Government Code, and Local Government Code § 242.001 002. §3 02. Location of the Responsible Office. The Responsible Office shall be located inside the City's office of development or other office as designated by the City as being responsible to accept applications for plat approval on behalf of the City Applications, related permits and copies of the consolidated and consistent set of regulations related to plats and subdivisions of land shall be available during regular business hours. All meetings, except those meeting and hearings of the City Council, Plan Commission or Commissioners Court and those meetings required by law to be at a certain location, shall occur at the location of the Responsible Office. §3 03 Duties of the Responsible Office. The Responsible Office shall collect both municipal and county plat application fees m alump-sum amount as well as any related permit fees for both the County and the City and then forward those fees according to the fee schedule of general applicability that shall be found In the consistent set of ETJ regulations. The County and the City shall each be responsible to set their fees as may be appropriate In their judgment to cover their expenses. The Responsible Office shall require from applicant a sufficient number of copies of all documents, plans and proposed plats and shall forward these items to all appropriate departments and agencies of the County and City within three business days for review The Responsible Office shall be responsible to contact and coordinate with the other City personnel and the County Transportation Services Department as necessary to secure plat and related permit Page 3 of 12 approvals, including giving proper notice to people required by law to receive notlce of any hearing or who maybe necessary to appear before any deliberative bodies and providing the applicant with one response indicating approval or denial of the plat or permit application as shall be provided m the consistent set of ETJ regulations or applicable law §3 04 County Transportation Services. The County Transportation Services Department shall act as the contact for the County whenever the Responsible Office is performing any duties involving the County Two copies of the plats, applications and any engineering plans shall be sent to the Tarrant County Transportatlon Services Department, 100 E. Weatherford, Suite 401 Fort Worth, TX 76196 If available to the Clty the applications, any approved plats and engineering plans shall be sent on floppy disks or CD-rom in a format compatible with the County's GIS system, compatible formats being .dwg, dxf, or slip in a stateplane NAD83 or other such computer software systems as available. §3 OS Plat and Permit Approval. Except as modified by this Agreement and applicable law the present or future statutory authority governing the City and the County plat approval process shall remain unchanged for both the City and the County To the full extent permitted by law the Clty and the County shall each have the independent authority to establish their internal procedures to comply with this Agreement for approval of plats and to designate persons to act as a lawful designee The County Clerk shall not file any plat unless approved by both the Clty and County deliberative bodies or their lawful designee as required or permitted by law appllcable to each party to this Agreement. Once the appropriate deliberative body or their lawful designee approves or disproves the plat or other permit, this information shall be communicated to the Responsible Office. The County Commissioners Court shall consider and take appropriate action on an application for approval of a preliminary revised, amended or final plat on or before fourteen (14) days after the City's deliberative body having responsibility to take final action has acted upon a variance request or a final or preliminary plat. The County shall report to the Responsible Office within 3 business days the action taken by the County Commissioners Court. After all governmental bodies, or their lawful designee, have approved or disproved the plat, this information will be communicated to the applicant by the Responsible Office. No permits shall be issued without approval from the appropriate entity having authority under the consolidated and consistent set of regulations and appllcable law No substantial variance or waiver shall be granted by the Responsible Office unless approved by both the Clty and the County under the procedures applicable to each entity havmg~urisdiction under the appllcable law Under no circumstances shall the Responsible Office issue a permit until rt has received approval from both the City and the County The Responsible Office shall not approve a plat application or issue a permit until rt has received approval from both the City and the County Whenever there is an approval of a plat or other document that is required to be filed in the county records, the Responsible Office shall send a copy of the approved plat or document to the County Clerk for filing, with signatures of appropriate Page 4 of 12 representatives from each party as otherwise required by law The City and the County shall notify the Responsible Office of the approval or denial of any plat or variance request. §3 06 The Texas En mg_ Bering Practice Act. Regardless of any provision m this Agreement or the consistent set of ETJ regulations to the contrary these reviews and inspections in no way substitute or replace the requirements as outlined in `The Texas Engineering Practice Act" that all public works projects be designed by and constructed under the direct supervision of a licensed professional engineer and that responsibility shall remain with the applicant or developer seeking plat approval and his engineer at all times. These reviews and inspections m no way substitute or replace the requirements that the plats, plans and the construction of the infrastructure meet the governing requirements of applicable law and regulations, and that responsibility shall remain with the applicant or developer seeking plat approval and his engineer at all times. Neither the County nor the City nor any personnel of the City or County shall have any liability to each other or to third parties for any failure to inspect or review plans or plats or for any faulty or negligent inspection, review or approval of plats and plans. ARTICLE 4 REGULATIONS §4 O1 Consolidated ETJ regulations. The City and the County shall develop a consolidated and consistent set of regulations related to plats and subdivisions of land as authorized by Chapter 212 and Chapter 232 of the Texas Local Government Code and other statutes applicable to counties and municipalities. §4 02. Joint Amendments to the Ci 's regulations. The City and County agree to the amendments to the City's Subdivision Rules and Regulations as set out in Attachment A, incorporated and made a part of this agreement. §4 03 Primary Responsibility to Develop Regulations. The City shall have primary responsibility to review and develop this set of consolidated and consistent set of regulations, and m no instance shall the regulations contain less stringent requirements than those requirements of the County `Stringent" shall be defined to a standard that imposes a more rigorous or higher standard of performance, including a higher quality of development, infrastructure or street, or a higher level of safety durability or quality of living. §4 04 No Applicable Regulations. Where one party has no regulations m effect m any particular area or m regulatory areas where the City or the County would have no legal authority to impose its current set of rules and regulations in the ETJ the other party's regulations shall be included or adopted. The City shall complete this process and present this set of consolidated and consistent set of regulations to the County within 60 days of the adoption of this Agreement for approval by the Page 5 of 12 Commissioners Court and shall present the regulations to the Clty Plan Commission and Clty Council for approval m force within 90 days of the adoption of this Agreement. §4 06 Adoption of New or Amendment to Existing ETJ Regulations If either the City or County desires to adopt or amend any rule or regulation with the Intent that the adoptlon or amendment should apply In the ETJ then the party shall notify the other of the proposed new or amended rule or regulation. The Responsible Office shall have the primary responsibility to assemble and distribute the revisions to the County and the City Upon presentation of the new or amended rule that either the City or County seeks to include m the consolidated and consistent set of ETJ regulations, the deliberative bodies of both of the City and the County will review and act on same under the terms of this Agreement. Each party shall have thirty (30) days to provide comments to the other party concermng the proposed revisions. The Responsible Office shall not, under any circumstance, implement revisions to the rules and regulations until both parties agree to the revisions. §4 07 Rejection of New or Amendment to Existing ETJ Regulations If either the Clty or County rejects a proposed new or amended rule or regulation or other disagreements should arse over which particular procedure, rule or regulation should control, the parties agree to discuss their differences m a public forum through an equal number of representatives selected by each of the parties. If no agreement can be reached, the set of consolidated and consistent set of adopted regulations will not be revised and the matter will be referred to arbitration under applicable state law The City and the County will share equally m paying for all fees and costs associated with the arbitration. §4 08 Ai;reed Joint Amendments to the City's Subdivision Rules and Regulations a. The County shall have at least one permanent staff membership on the City Development Review Committee for ~omt review of all submissions during the duration of this Agreement. b Clty of Fort Worth Subdivision Rules and Regulations shall define the type of development based on Urban, Sub-Urban and Rural standards as outlined in the regulations. c. Cul-de-sacs shall have a minimum of 50 radius with 80 pavement turnaround for any dead-end street over 150 m length. d. Mimmum hot width shall be 100 for Sub-Urban and Rural Lots and maybe reduced to 50 at the front of the structure on a cul-de-sac lot. ARTICLE 5. BONDS §5 O1 Bonds. All bonds, including construction, performance and maintenance bonds, as required under the consistent set of regulations shall name the County and the City as the entities to be protected and either the County or the City or both shall have full power to enforce the bond requirements m the event of a failure to comply with the bond requirements and to otherwise enforce the consistent set of ETJ regulations as maybe appropriate after plat approval or during construction Page 6 of 12 of any improvements, such as streets, drainage or other infrastructure, unless the consistent set of ETJ regulations provides otherwise. The amount and terms of the bonds are to be set under the consistent set of regulations and other applicable law In the event that the property is not annexed, the City grants to the County the right to enforce the bond and to pursue the recovery from the bond. A construction bond, or equivalent, equal to actual construction costs for road and drainage improvement shall be provided to the County Department of Transportation prior to plat approval. §5 02. Community Facilities Agreement. A community facilities agreement equal to 4% of the construction costs for streets and drainage, andlor 2% of the water and sewer construction costs, and 2% for materials testing for either shall be provided to the City for design review and site inspection, if they are providing these services. Inspection may also be provided by the County or approved third party inspectors. Aone-year maintenance bond, equal to 10% of the construction cost, shall be presented to Tarrant County after roads are complete. Roads and drainage facilities shall be maintained m good state of repair for a period of one year from the official release of construction security Upon written request, the County will inspect roads and drainage facilities, and if found acceptable, will release maintenance bond by order of the Commissioner's Court. ARTICLE 6. EFFECT OF ANNEXATIONS-EXPANSION OF ETJ §6 O1 Proposed Annexations. The City shall submit to the County a copy of the exhibit map, survey and property description related to any proposed annexation. The County shall be permitted to review and comment on the boundary description of the proposed annexation prior to the governing body of the City taking action to adopt an ordinance annexing the proposed area. §6 02. Newly Annexed Areas. This Agreement shall automatically apply to any new areas that become part of the City's ETJ as a result of any annexations without the necessity of any amendment to this Agreement. This Agreement will not apply to any area annexed into the City §6 03 Disannexahon. In the event of the disannexation of an area, this Agreement will apply to areas that become part of the ETJ as a result of the dlsannexation and will no longer apply to those land areas that are excluded from the ETJ as a result of the dlsannexation. The recogmtlon of the ETJ shall not be deemed an admission by the Clty or the County m any dispute with any other person or municlpahty regarding the boundaries of the City's ETJ In the event said expansion conflicts with another munlcipahty's ETJ the County shall have exclusive Jurisdiction to regulate subdivision plats and approve permits m the conflicting area until such time as the conflict is resolved. §6 04 Expansion or Reduction of ETJ If the City expands or reduces its ETJ the City shall notify the County of such expansion or reduction within thirty (30) days by sending a copy to the County at no cost to the County of the apphcable ordinance and a new map of indicating the new ETJ boundaries of the City If available to the Clty the ordinance and new ETJ map may be sent on Page 7 of 12 floppy disks or CD-rom in a format compatible with the County's GIS system, compatible formats being dwg, dxf, or slip. m a stateplane NAD83 or other such computer software systems as available Upon receipt of the ordinance, the County will revise the City's ETJ on its GIS system. §6 OS Rights of Way The City shall comply with Section 43 106 of the Texas Local Government Code. This shall include correcting, on request of the County any existing violations where the City's .annexation has taken only a portion of the entire right of way width. ARTICLE 7 ON-SITE SEWAGE FACILITIES §7 O1 On-Site Sewage Facilities. The County rules and regulations will be the minimum standards applicable for the regulation or inspection of on site sewage facilities under the Texas Health and Safety § 366 or Texas Administrative Code ("TAC") Chapter 285 §7 02. Enforcement of Texas Water Code. This Agreement is not abdicating the County's jurisdiction to enforce the Texas Water Code to the City The~urisdiction to approve and regulate culvert and development permits shall remain within the~urisdiction of the County This Agreement is not granting the County's jurisdiction to the City to regulate or inspect on-site sewage facilities under the Texas Health and Safety § 366 or Texas Admimstrative Code ("TAC") Chapter 285 unless the City becomes anauthorized-agent of the Texas Commission of Environmental Quality (TCEQ) to the extent authorized under TAC §285 10 and-otherwise becomes permitted to act as an authorized agent inside the ETJ by applicable law the TCEQ Rules regarding on-site sewage facilities, and an appropriate mterlocal agreement. The County shall provide copies of rules and regulations of on site septic systems to the City for distribution. The County shall issue all permits and perform inspection services of such facilities and plats for compliance with applicable law The issuance of permits and performance of inspections does not imply or mean that the County or the City is assuming any responsibility or liability for the applicant's compliance with the law or rules and regulations of the City or County and that responsibility and liability shall remain with those persons or entities seeking approval of their plats or systems ARTICLE 8. DRAINAGE AND INFRASTRUCTURE §8 O1 Net lot area. Net lot area shall be defined as the total lot area minus drainage and floodplam easements. §8 02. Notes on Plat. Drainage easements shall contain the required maintenance notes of both the City and the County on the face of all applicable plats. § 8 03 Construction Bond. A construction bond, or equivalent, equal to actual construction costs for road and drainage improvement shall be provided to the County Department of Transportation prior to plat approval. Page 8 of 12 §8 04 Review of Drainage and Infrastructure Plans. Under this Agreement (or as may be expressly modified m the consistent set of ETJ regulations) the City Engineer and the County's Engineer and Department of Development, Public Works or other persons/offices designated by the Clty or County shall review plans and plats for completeness and overall intended function of drainage and infrastructure construction plans which have been prepared, signed and sealed by a licensed professional engineer employed by the plat applicant. The review process will occur simultaneously at the City and County and will be limited to 30 days. Upon completion of review the result will be communicated to the Responsible Office. One person will be designated by the County to be responsible to communicate with the Responsible Office and coordinate the County's review process under internal operating procedures adopted by the County §8 OS Installation and Ins ections. The City Engineer and the County Engineer and Department of Development, or other persons designated by the City or County will advise and assist m coordination of infrastructure installation m the ETJ during or after plat approval, as may be necessary m their professional~udgment. The County Engineer and Department of Development, or other persons as may be designated by the County or City if the City so decides to assist m inspections, shall make field inspections during construction as may be necessary m their~udgment, to determine if all work is in accordance with approved plans and specifications. Unless otherwise agreed to between the parties, the County will provide inspection on all drainage facilities and all roads constructed to rural design standards for lots greater than one acre located m the ETJ The City shall provide inspection of any roads constructed to urban standards for lots less than one acre and sanitary sewer or water line installations. Both the City and County may have~omt responsibility for inspection of arterial streets as defined by the City's adopted Master Thoroughfare Plan and may independently assess the necessary fees for such inspection. These reviews and inspection procedures may also be modified by amendments to the consistent set of ETJ regulations per this Agreement. ARTICLE 9 PUBLIC PROPERTY/RIGHTS OF WAY §9 O1 Dedication of Public Property Plats that require the dedication of public right-of way shall be approved by the City's Plan Commission and endorsed for acceptance by the County's Commissioner's Court. Property to be dedicated for public use, such as public right of way shall be dedicated to the County Individuals and entities desiring to dedicate property to the County including, but not limited to streets, alleys, storm sewers, drains, lighting, parks, green belt areas and other such structures or facilities, shall clearly indicate such on all plats and other documents submitted m the application. No property facilities or structures will be accepted for dedication by the County without formal approval of the County Commissioners Court after approval by the City §9 02 Homeowner's Associations. If the City and County agree to accept property not required by Page 9 of 12 the set of consolidated and consistent set of regulations, the Clty shall have the responsibility to obtain the necessary documents stating that the homeowners associations or other legal entitles are required to mamtam, repair and otherwise pay all expenses, including any expenses incurred by the County for such storm sewers, fire hydrants, drams, lighting, parks, green belt areas and other such structures or facilities not otherwise generally requlred by the County throughout the County The County shall not be requlred to mamtam or provide any services beyond those services or maintenance generally provided throughout the County ARTICLE 9 GENERAL PROVISIONS § 10 O 1 Entire Agreement. This Agreement expresses the entire agreement between the parties hereto regarding the subs ect matter contained herein and may not be modified or amended except by written mterlocal agreement duly executed by both parties, except where otherwise provided herein. Because this Agreement is intended to provide a framework for the continued and constant development of a consistent set of ETJ regulations, Paragraph 16 (A) and other matters that are expressly delineated m this Agreement as being subject to modification m the consistent set of ETJ regulations, maybe modified via the procedures provided for development of the consistent set of ETJ regulations without modifying this Interlocal Agreement and this Agreement shall otherwise remain m full force. §10 02. Successors and Assigns. Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereto are declared to be for the benefit of and binding upon their respective successors, representatives and assigns, if any § 10 03 Invalidity of Provisions. If any provision hereof is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be fully severable from this agreement and this Agreement shall be construed and enforced as if such invalid, illegal or unenforceable provision never comprised a part hereto and the remaimng provisions shall continue m full force and effect. The purpose of this Agreement is to conform at all times to applicable law This Agreement is to be read as being intended to be consistent with applicable law If there is any conflict between this Agreement and applicable law or statutes, the applicable law or statutes shall control. In the event of any amendment to applicable law or statutes, this Agreement shall be interpreted as being consistent with applicable law at all times, even m the absence of any amendment to this Agreement by any of the parties hereto § 10 04 Applicable Laws. If any action, whether real or asserted, at law or m equity apses on the basis of any provision of this Agreement, venue for such action shall lie m state courts located m Tarrant County Texas or the Umted States Distract Court for the Northern Distract of Texas -Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. § 10 OS Captions. Captions and headings used m this Agreement are for reference purposes only and Page 10 of 12 shall not be deemed a part of this Agreement. § 10 06 Governmental Powers. It is understood that by execution of this Agreement, neither the City nor the County waives or surrenders any of its governmental powers. § 10 07 Severability of Provisions. If any of the provisions contained m this Lease shall be held, for any reason, to be invalid, illegal, or unenforceable m any respect, such invalidity illegality or unenforceability shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. § 10 08 Extension of Liability The Agreement is not intended to extend the liability of the parties beyond that provided bylaw Neither the City nor Tarrant County waives any immunity or defense that would otherwise be available to rt against claims by third parties. § 10 09 Intemretation. In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably and neither more strongly for or against any party regardless of the actual drafter of this Agreement. § 10 10 Sole Agreement. This Lease constitutes the sole and only agreement of the parties hereto and supersedes any pnor understanding or written or oral agreements between the parties respecting the subject matter § 10 11 Effective Date and Certification. This Agreement shall become effective immediately upon the date of adoption by the last governing body to approve and execute same. The County and the City certify that this Agreement complies with the requirements of Texas Local Government Code, Chapter 242. APPROVED AND EXECUTED m duplicate this the day of 2006 by the City of Fort Worth, Texas. City of Fort Worth, Texas Mike Moncrief, Mayor Attest: City Secretary Page 11 of 12 Approved as to form. Assistant Clty Attorney APPROVED AND EXECUTED In duplicate this the day of 2005 by Tarrant County Texas. Tarrant County, Texas Tom Vandergrlff County Judge Attest: Tarrant County Clerk Minute Order Number Approved as to form. Assistant District Attorney Page 12 of 12 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 10/10/2006 Resolution No 3421 10-2006 DATE Tuesday October 10 2006 LOG NAME 061NTERLOCAL REFERENCE NO C-21761 SUBJECT Adoption of a Resolution Approving and Authorizing the Execution of an Interlocal Agreement with Tarrant County Texas Concerning the Regulation of Subdivisions and Approval of Related Permits in the City of Fort Worth s Extraterritorial Jurisdiction RECOMMENDATION It is recommended that the City Council Adopt the attached resolution approving and authorizing the execution of an Interlocal Agreement with Tarrant County Texas concerning the regulation of subdivisions and approval of related permits in the City of Fort Worth s Extraterritorial Jurisdiction (ETJ) DISCUSSION The City of Fort Worth has extended its subdivision regulations to its Extraterritorial Jurisdiction ("ETJ") as permitted by law Under current law counties may also regulate subdivision plats Accordingly a subdivision plat for property located in Fort Worth s ETJ must be approved by both the Fort Worth Plan Commission and the commissioner's court for the county in which the property is located In the event of a conflict between city and county subdivision regulations, the more stringent rule controls. House Bill (H B) 1445 adopted by the Texas Legislature during the 2001 legislative session requires that municipalities and counties enter into an agreement concerning regulation of subdivisions in a municipality's ETJ whereby only one governmental entity will regulate subdivision plats. House Bill 1445 which has been codified as Section 242.001 of the Texas Local Government Code provides four choices for regulation of subdivision plats in a municipality's ETJ (1) The municipality may have exclusive jurisdiction (2) The county may have exclusive jurisdiction (3) The municipality and the county may apportion the area within the ETJ so that the municipality regulates subdivisions in the area assigned to the municipality and the county regulates subdivisions in the area assigned to the county or (4) The municipality and the county may enter into an agreement that establishes one office authorized to accept plat applications collect fees and process plats. The attached agreement reflects option number four House Bill 1445 provides that subdivision plats in the ETJ are required to be approved by the city and the county pursuant to existing law until an agreement is reached concerning subdivision plat approval Logname• 06INTERLOCAL Page 1 of 2 House Bill 1204 approved by the Texas Legislature during the 2003 legislative session established a deadline of January 1 2004 for cities with a population of 50 000 or more to enter into agreements concerning subdivision plat approval with counties in their ETJ If the city and the county fail to do so the parties must arbitrate the disputed issues. Tarrant County Commissioners Court is expected to consider approval of the attached agreement on October 10 2006 FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by. Dale Fisseler (6140) Originating_Department Head. Bob Riley (8901) Additional Information Contact: John Garfield (8043) Logname• 06INTERLOCAL Page 2 of 2