HomeMy WebLinkAboutContract 40170CITY SECRETARY,,`
CONTRACT NO. ` t 1�L
INTERLOCAL COOPERATION AGREEMENT
THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") 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, by and
between the City of Fort Worth, Texas ("City"), a political subdivision of the State of Texas,
and Wise 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 City and County to exercise concurrent jurisdiction over the platting
process required upon the subdivision of land within City's extraterritorial jurisdiction located
within the County ("ETJ" ); and
WHEREAS, H.B. 1445 amends Texas Local Government Code §242.001 to require that
City and County agree to a procedure whereby only one govermnental agency will have
jurisdiction to oversee and regulate the platting process and related permits within a
municipality's ETJ; 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 City's ETJ; and
WHEREAS, City and County desire that City be granted such exclusive jurisdiction to
regulate subdivision plats and approve related permits in City's ETJ under Subchapter 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 Subchapter A of Chapter 212 of the Texas Local Goverrimehf Code and other
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statutes applicable to municipalities, and County shall no longer exercise any of these functions
in City's ETJ. Execution of this Agreement does not affect County's authority to issue permits
for on -site sewage facilities, including the authority to enforce lot size requirements, and to
approve culvert and floodplain development permits pursuant to federal law.
2. ETJ Defined. For the purposes of this agreement, 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 City or County in any dispute with any other
person or municipality regarding the boundaries of City's ETJ.
3. ETJ Expansion or Reduction. In the event City's ETJ expands, City and County agree
that City shall continue to be granted exclusive jurisdiction to regulate subdivision plats and
approve related permits in its ETJ, and to regulate subdivisions under Subchapter A of Chapter
212 of the Texas Local Government Code and other statutes applicable to municipalities, until
Exhibit A to this Agreement is amended to take into account such ETJ expansion. City and
County agree that in the event City's ETJ is reduced, County shall have exclusive jurisdiction to
regulate subdivision plats and approve related permits in areas in the County that are no longer in
City's ETJ until Exhibit A is amended to take into account such ETJ reduction. Should City
expand or reduce its ETJ, City shall notify County of such expansion or reduction within 30 days
by sending to County a copy of the applicable ordinance and an amended Exhibit A. County
shall have 15 days from receipt of the amended Exhibit A to review the exhibit and to present
any objections to the accuracy of the exhibit to City. The "Date of Amendment" of Exhibit A
shall be: (1) the 15th day after County receives the amended exhibit if County does not object to
the accuracy of the exhibit; or (2) if County objects to the accuracy of the amended exhibit,
upon resolution by the parties of such objection. Amendment of Exhibit A shall be deemed an
amendment to this Agreement by the parties pursuant to Texas Local Government Code
§242.001(c).
4. Notice of Plat Submittals and Approvals.
(a) City shall notify County of all subdivision plat applications for property located in
City's ETJ within the County within ten days after receipt of a completed application. City shall
use its best efforts to comply with this paragraph; however, failure to comply shall not affect the
validity of any subdivision plat.
(b) City shall notify County of the approval of plats for property located in City's ETJ
within the County. A copy of the approved plat and any engineering plans shall be sent to
County at the address set out in Section 10(e) within 30 days of City's approval. After notice of
approval is given, County shall assign addresses to each lot within an approved subdivision.
5. Plats Affected. The plats that will be subject to this Agreement are those that are filed
after the Effective Date, as defined herein. If the ETJ is expanded or reduced, plats must be
filed with the party who will have 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 affected.
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6. Collection of Fees and Costs. All costs involved with the approval of subdivision plats
under this Agreement, including but not limited to engineering reviews and inspections of public
improvements, shall be borne by City and payable out of current revenues available to City. All
fees relating to subdivision plat approval shall be collected by City and retained by City, unless
otherwise agreed by City and County.
7. Maintenance of Roads. County shall continue to maintain roads constructed in the ETJ
at County's expense, except as otherwise provided by agreement.
8. Effective Date. The Effective Date shall be the date upon which both parties have
approved and fully executed this Agreement.
9. Applicable Regulations. The subdivision rules and regulations currently enacted by City
and extended to the ETJ are hereby established as the set of regulations to be enforced by City in
the ETJ. City will provide County with copies of all amendments to City's subdivision rules and
regulations proposed after the Effective Date and will notify County of all public hearings on
such proposed amendments.
10. 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 Wise 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 Agreement shall be addressed as
follows and delivered by certified mail, postage prepaid or by hand delivery:
City: City Manager
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Copies to:
Development Director
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
and
City Attorney
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
County: Wise County Judge
P.O. Box 393
Decatur, TX76030
Copies to:
Public Works Director
P.O. Box 899
Decatur, TX 76234
and
Wise County Attorney
Wise County Courthouse
Room 300
Decatur, TX 76234
(f) This Agreement is not intended to extend the liability of the parties beyond that
provided by law. Neither City nor County waives any immunity or defense that would otherwise
be available to it against claims by third parties.
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APPROVED BY THE CITY COUNCIL FOR THE CITY OF FORT WORTH, TEXAS,
in its meeting held on the _ day of 2010, and executed by its
authorized representative.
ATTEST:
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APPROVED AS TO FORM
AND LEGALITY:
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APPROVED BY THE CvMMISSIONERS COURT FOR WISE COUNTY, TEXAS, in
its meeting held on the �ay of 2010, and executed by its
authorized representative.
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By:
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, Tit
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M&C Review
Page 1 of 1
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 4/27/2010
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Official site of the City of Fort Worth, Texas
FORTWORTH
DATE: 4/27/2010 REFERENCE NO.: "" C-24189 LOG NAME: 06WISE COUNTY
CODE: C TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize the Execution of the Renewal of an Interlocal Agreement with Wise County
Concerning the Regulation of Subdivisions in the City of Fort Worth's Extraterritorial
Jurisdiction
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute the renewal of an
Interlocal Agreement with Wise County concerning the regulation of subdivisions and approval of
related permits in the City of Fort Worth's Extraterritorial Jurisdiction.
DISCUSSION:
The City of Fort Worth has extended its subdivision regulations to its Extraterritorial Jurisdiction (ETJ)
as permitted by law.
Chapter 242 of the Texas Local Government Code 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. In January 2004, the City of Fort Worth and Wise
County entered into an agreement giving the City of Fort Worth exclusive jurisdiction to regulate
subdivision plats in its ETJ. This Agreement will renew the existing agreement with no substantial
changes.
The Wise County Commissioners Court approved the attached Agreement on March 15, 2010.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers
Submitted for Citv Manacier's Office bv:
Oriciinatinp Department Head:
Additional Information Contact:
ATTACHMENTS
Wise. . Co_..-arnm._Ct_...pdf
wise co interlocal exhibit a.pdf
FROM Fund/Account/Centers
Fernando Costa (6122)
Susan Alanis (8180)
Allison Gray (8030)
http://apps.cfwnet.org/council_packetlmc review.asp?ID=13389&councildate=412712010 04/30/2010
SUZANNE HENDERSON
COUNTY CLERK
>i
100 West Weatherford Fort Worth, TX 76196-0401
PHONE (817) 884-1195
CITY OF FORT WORTH
1000 THROCKMORTON
FT WORTH, TX 76102
Submitter: CITY OF FORT
WORTH/DEVELOPMENT &
PLANNING
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration:
Instrument #:
D210114278
5/14/2010 1:44 PM
D210114278
A 8
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$40.00
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
Prepared by: VMMASSINGILL