HomeMy WebLinkAboutResolution 3994-06-2011f
A Resolution
NO. 3994 -06 -2011
APPROVING INTERLOCAL AGREEMENT WITH PARKER 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 Parker County, Texas currently regulate subdivision plats
in the portion of the extraterritorial jurisdiction (" BTJ ") of the City of Fort Worth located in Parker County,
pursuant to Chapter 212 and 232, respectively of the Texas Local Government Code; and
WHEREAS, HB 1445 and HB 1204, codified as Section 242.001, Texas Local Government Code,
require that municipalities and counties enter into an agreement concerning regulation of subdivisions in a
municipality's ETJ whereby only one governmental body will regulate such subdivisions; and
WHEREAS, Section 242.001(c) of the Texas Local Government Code requires that the
municipality and the county shall adopt the agreement by order, ordinance, or resolution; and
WHEREAS, the City of Fort Worth and Parker County have agreed that the City and the County
will establish a set of consolidated 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:
The Interlocal Cooperation Agreement between the City of Fort Worth and Parker County
attached hereto, providing 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 City Manager or his 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 7`h day of June, 2011.
ORT WORT
Resolution No. 3994 -06 -2011
ATTEST:
By:
, Pecretary, Marty Hendrix, City
ORT WORT
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APPROVED
CITY COUNCIL
JUN 0 7 2011
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City Secretary of the
City of Fort Worth, Texas
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/7/2011 - Resolution No. 3994 -06 -2011
DATE: Tuesday, June 07, 2011 REFERENCE NO.: * *C -24927
LOG NAME: 06PARKER CO INTERLOCAL
SUBJECT:
Adopt a Resolution Approving and Authorizing the Execution of an Interlocal Agreement with Parker
County 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 Parker 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. 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 City
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. The proposed agreement establishes the City of Fort
Worth as the one office that will have jurisdiction over the plat approval process for subdivisions of land
within our ETJ in Parker County.
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. The
Logname: 06PARKER CO INTERLOCAL Pagel of 2
City of Fort Worth has existing interlocal agreements for the approval of subdivision plats in Johnson,
Tarrant, Denton and Wise Counties.
Parker County Commissioners Court is expected to consider approval of the attached agreement on June
13, 2011.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund /Account/Centers
CERTIFICATIONS:
FROM Fund /Account/Centers
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Allison Gray (8030)
Logname: 06PARKER CO INTERLOCAL Page 2 of 2
INTERLOCAL COOPERATION AGREEMENT BETWEEN THE COUNTY OF
PARKER AND THE CITY OF FORT WORTH
PLAT APPROVAL JURISDICTION IN THE CITY'S ETJ
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 77'i' Legislative Session), by and between the City of
Fort Worth, Texas ( "City "), a political subdivision of the State of Texas, and Parker 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 governmental 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, the City and County mutually desire to be subject to the provisions of the Texas
Govemment Code, Chapter 791, the Interlocal Cooperation Act, specifically §791.011 regarding
contracts to perform governmental functions and services, and
WHEREAS, H.B. 1445 requires the 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, the 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 statues applicable to municipalities, all of which
is provided for in the Interlocal Cooperation Act and H.B. 1445.
NOW, THEREFORE, the City and County, for the mutual consideration stated herein, agree
and understand as follows:
Page 1 of 9
Agreements
1. City Granted Exclusive Jurisdiction
The City shall be granted exclusive jurisdiction to regulate all subdivision plats pursuant
to Local Government Code 242 and approve all related permits in City's ETJ and may
regulate subdivisions under Subchapter A of Chapter 212 of the Texas Local Goverment Code
and other statutes applicable to municipalities, and the County shall no longer exercise any of these
functions in City's ETJ. The City is not granted jurisdiction to enforce Texas Health and Safety
Code Chapter 366 or onsite sewage facilities under 30 Texas Administrative Code ( "TAC' )
Chapter 285 unless the City is an authorized agent of the Texas Commission on Environmental
Quality under 20 TAC 285.10. Execution of this Agreement does not affect the County's authority
to issue permits for onsite sewage facilities and to approve culvert and floodplain
development permits pursuant to federal law. Authority to enforce lot size requirements
lie with the Upper Trinity Groundwater Conservation District when private wells are the
water source.
2. Issues NotAHected by this Agreement
This Agreement does not affect on -site sewage facilities (OSSI), flood plain enforcement or road
maintenance issues.
(a) This agreement has no impact on permits issued for on-site sewage or floodplain
enforcement, the County is responsible for on -site sewage facility permits and floodplain enforcement
outside of the City Limits.
(b) The Agreement has no impact on road maintenance issues. The City shall not be
responsible for acceptance by the County of the subdivision roads as county roads or for county
maintenance . The County remains the govemmental entity that is responsible for acceptance of
subdivision roads outside of the City boundaries as county roads and for county road maintenance.
Subdivision roads will continue to require commissioner court adoption into the County Road System to
be eligible for county road maintenance. Acceptance of a public road as a county road with county
maintenance remains a discretionary decision by the county commissioners' court
(c) This Agreement has no Impact on 911 addressing. Parker County will be responsible
for 911 addressing.
Page 2 of 9
3. ETJ
For the purpose of this agreement, City's ETJ is described by the area indicated on "Attached 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 County in any dispute with any other person or municipality regarding the
boundaries of City's ETJ.
4. ETJExpansion or Reduction
In the event the City's ETJ expands, the City and County agree that the City shall continue to be granted
exclusive jurisdiction to regulate subdivision plats and approve related permits in the ETJ, and to regulate
subdivisions under Subchapter A of Chapter 212 of the Texas Local Goverment Code and other statutes
applicable to municipalities, until this Agreement is amended to take into account such ETJ expansion. The
City and County agree that in the event City's ETJ is reduced, the County shall have exclusive jurisdiction
to regulate subdivision plats and approve related permits in areas in the County that are no longer in Citys
ETJ until this Agreement is amended to take into account such ETJ reduction. Should the City expand or
reduce its ETJ, the City shall notify the County of such expansion or reduction within 30 days by sending to
the County a copy of the applicable ordinance and an exhibit of the revised ETJ. The County shall have 30
days, from the receipt of such ordinance and exhibit, to review and present any objections to the City
regarding the acwmcy of the revision to the ETJ. The "Date of Amendment" shall be: (1) the 30'h day after
County receives the exhibit if the County does not object to the accuracy of the exhibit; or (2) if the County
objects to the accuracy of the exhibit, upon resolution by the parties of such objection, any amendment to this
Agreement shall be deemed an amendment by the parties pursuant to Texas Loral Goverment Code
§242.001(c).
5. Notice of Plat Submittals and Approvals and County Records Recordation
(a) The City shall notify and forward to the County a copy of all subdivision plat applications and
blue lines for property located in the City's ETJ and within the County by the 30th day after receipt of a
completed application. City shall use its best efforts to comply with this paragraphs; however, failure to
comply shall not affect the validity of any subdivision plat.
(b) The County shall work with the plat applicant to obtain Construction/Maintenance bonds as
required by the County . The City shall not approve any plat in the City's ETJ within the County until the
County's bond requirements have been satisfied and the county provided written notice of such to the City.
Page 3 of 9
(c) The City shall notify the County of the approval of plats for property located in City's ED and within
the County. The approved plat shall be sent to the Parker County Platting Office at the address set out in
Section 14(e) within 30 days of City's approval for proper recordation in the Deed Records of Parker
County. The expense for proper recordation in the county deed records shall be borne by the developer in
accordance with law.
(d) Nothing in this contract is intended to interfere with the recordation requirements neither of
state law nor with the authority and duty of the County Clerk to collect filing fees.
6 PlatsAffected
The plats that will be subject to this Agreement are those that are filed after the Effective Date, as defined
herein. If the ED 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 Kcal Government Code Chapter 245 shall not be affected.
7. Collections ofFees
All fees relating to subdivision plat approval shall be collected by the City and retained by the City except
for fees for filing the approved plat with the County Cleric and such other fees as may be expected by the
provisions of this contract or by law.
& Maintenance of Roads
The County remains the governmental entity with jurisdiction of roads within the
extraterritorial jurisdiction of the City. The City does not assume any responsibility for
road maintenance of roads that are outside the boundaries of the City but within the
extraterritorial jurisdiction of the City. Government maintenance of any road in a
subdivision plat approved by the City that lies within the extra - territorial jurisdiction of
the City remains in the discretion of the Commissioners' Court and within the operation
of state law generally and is not the subject of this contract.
9. Road Test
In order to be considered by the County for acceptance as a county road and for county maintenance, it is
required that the developer have the new road inspected and test samples of the new road
establish that the road meets or exceeds the more stringent of the City and/or County road
Page 4 of 9
specifications. Required engineering inspection and laboratory costs shall be borne by the developer. The
acceptance of a new road as a county road with county maintenance lies solely within the discretion of the
Commissioners Court. No other entity and no individual county official have authority to bind the
County. No concrete roads within a residential subdivision will be accepted for County maintenance . All
such streets will be designated as private roads and maintenance will remain the responsibility of the
property owners. Nothing in this contract binds the County to accept a road for maintenance, nor restricts
the County's governmental authority to abandon a road or abandon maintenance of a road after it has been
01-* :4
10. Installaron and Inspecdons oflnfraslructure
Both the City and County may have joint 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. The City Engineer, or other persons designated by the City or County, will
advise and assist in the coordination of infrastructure plan review and installation in the
ETJ during or after plat approval, as may be necessary in their professional judgment.
The City Engineer or other persons as may be designated by the City, if the City so
decides to assist in inspections, shall make field inspections during construction as may
be necessary in their judgment, to determine if all work is in accordance with approved
plans and specifications. The plat applicant will be responsible for inspection and
materials testing fees in an amount equal to that paid for infrastructure construction
within the city limits, paid to the City, for design review and site inspection, if they are
providing these services.
11. Bonds
All bonds required by the County from the developer shall be enforced by the County.
Proper format for Construction/Maintenance bonds shall be obtained from the City
"Attached Exhibit B ". Said Bond shall be presented to Commissioners Court (on the
earliest agenda possible) and will be held in the County Judge's Office until the release
date is established.
Page 5 of 9
A Maintenance Bond and any engineering information shall be presented to
Commissioners Court upon the release of the Construction Bond. Upon expiration of the
Maintenance Bond, the County may accept for maintenance roads meeting county
standards; the County will notify the City of new roads being accepted.
12. Effective Date
The effective date shall be the date upon which both parties have approved and fully
executed this agreement.
13. ApplicableRe�[[IatiollS
(a) The subdivision rules and regulations currently enacted and as amended from time to time, 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.
Subdivision plats are required to include the entire original parent tract in all applications.
A statement shall appear on the plat face stating that the subdivision is within the Extra
Territorial Jurisdiction of the City of Fort Worth and Parker County Commissioners
Court signatures are not required.
(b)When private wells are the water source the following statement(s) must be reflected
on the final approved plat:
GROUNDWATER CERTIFICATION STATEMENTS
i) The following wording must appear on the plat if a Groundwater Certification
is required:
Certification of Groundwater availability for this plat is filed in volume
Page . Real Records Parker County, Texas.
ii) The following wording must appear on the plat if a Groundwater Certification is not required in
Page 6 of 9
accordance with Parker County Subdivision Regulations and Construction Standards., Section
4.12.
EXCEPTIONS TO GROUNDWATER AVAILABILITY CERTIFICATION FOR PLATTING:
This plat represents property which has been platted without groundwater certification
as Prescribed in Texas Local Government Code Section §232.0032. Buyer is advised to
question seller as to the groundwater availability.
14. Miscellaneous Provisions
(a) This Agreement expresses the entire agreement between the parties hereto regaiding the
subject matter contained herein and may not be modified or amanded except by written agreement duly
executedbyboth 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 forall purposes hereunder shall be in Parker County, Texas.
(d) If any provisions hereof is determined by any court of competent jurisdiction to be invalid,
illegal or unenforceable, such provision shall be fully severable here from and this Agreement shall be
construed and enforced as if such invalid, illegal or unenforceable provision never comprised a part hereof
and the remaining provision shall continue in full force and effect.
(e) All notices required to be given by virtue of this Agreement shall be addressed as follows
"delivered by certified mail, postage prepaid or by hand delivery.
Mayor
CityofFort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Page 7 of 9
County Judge
#1 Courthouse Square
Weatherford, Texas 76086
City of Fort Worth
Att: Allison Gray(ETJ /Annexing
1000 Thmdur"ton
Fort Worth, Texas 76102
Commissioner, Precinct One
3000 Veal Station Road
Weatherford, Texas 76085
Parker County Platting Department
1112 Santa Fe Drive
Wedherfi0 , Texas 76086
Commissioner, Precinct Four
1320 Airport Road
Aledo, Texas 76008
County Attorney Office
118 W. Columbia Street
Weatherford, Texas 76086
(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.
(g) Preliminary plats and final plats of property in the City's ETJ that are submitted after
the effective date of this agreement will not require approval of the County.
APPROVED BY THE CITY COUNCIL FOR THE CITY OF FORT WORTH, TEXAS, in its
meeting held on the day of
by its authorized representative.
ATTEST:
City Secretary
Page 8 of 9
2011 and executed
CITY OF FORT WORTH
APPROVED TO AS FORM
City Attorney
APPROVED BY THE COM tSSIONERS COURT OF PARKER COUNTY, TEXAS, in its
meeting held on the day of
by its authorized representative.
PARKER COUNTY
Mark Riley, County Judge
ATTEST:
County Clerk
APPROVED TO AS FORM
County Attorney
Page 9 of 9
2011 and executed
LETTER OF CREDIT FOR
CONSTRUCTION
No.
FOR THE BENEFIT OF THE FOLLOWING SOLE BENEFICIARY:
COUNTY JUDGE OF PARKER COUNTY, TEXAS OR HIS SUCCESSOR IN OFFICE
ATTENTION:
We hereby establish our Irrevocable Letter of Credit For Construction No. in your favor
for the amount of and No /100 Dollars
($ ). This Letter of Credit is for the account of
, and is available by your draft drawn on the
This Letter of Credit for Construction will apply to the total amount of
, and will be in effect until all roads, streets, and drainage structures
have been completed to the satisfaction of the Commissioners Court of Parker County, Texas, and the
Irrevocable Letter of Credit For Construction has been released by a Court Order from the Parker County
Commissioners Court.
This Letter of Credit for Construction is issued to Parker County in reference to
Subdivision and in accordance with Article V of the Subdivision
Regulations and Construction Standards for Parker County, Texas, Section 5.01 pertaining to the
insurance of construction of roadways in said subdivision. Further this Letter of Credit for Construction
acknowledges the fact that the construction of such roadways shall begin within ninety (90) days after
final approval of the plat is given and that the road construction will be completed no later than thirteen
(13) months after final approval of the plat is given by Commissioners Court.
This Letter of Credit shall expire at 12.01 a.m. on
which shall
represent a period of obligation under this Letter of Credit equaling a thirteen (13) month period
following approval of the final plat of the subject subdivision by the Parker County Commissioners
Court.
SIGNED, sealed and delivered at
day of 120
i
(Financial Institution)
Authorized Agent/Officer
Texas, the
STATE OF TEXAS {} LETTER OF CREDIT
{} FOR
COUNTY OF PARKER {} MAINTENANCE
KNOW ALL MEN BY THESE PRESENTS,
That we,
of
Texas as Principal, and
as Surety, are held and firmly
bound unto the County Judge of Parker County, Texas, or his successors in office in the sum of
Dollars, ($
lawful
money of the United States, for the payment of which well and truly to be made, we bind
ourselves, and each of us, our heirs, executors, administrators, successors and assigns, jointly and
severally, by these presents.
This Letter of Credit for Maintenance is issued to Parker County in reference
to Subdivision and in accordance with Article V of the
"Subdivision Regulations and Construction Standards for Parker County, Texas," Section 5.02
pertaining to the maintenance of roadways in said subdivision. Further, this Letter of Credit for
Maintenance acknowledges the fact that the owner guarantees for two (2) years from the date of
the approval by the Parker County Commissioners Court, to maintain such road or street
improvements in a good state to the satisfaction of the Commissioners Court of Parker County,
Texas; and afterwards this obligation shall be null and void. This Letter of Credit for
Maintenance represents twenty (20) percent of the Letter of Credit guaranteeing the road
construction.
This Letter of Credit for Maintenance shall expire at 12:01 on , which
shall represent a period of obligation under this Letter of Credit for Maintenance equaling a two
(2) year period following approval of (the final plat) by the Parker County Commissioners
Court.
SIGNED, sealed and delivered at
day of , 20
Texas, the
(Financial Institution)
BY:
Authorized Agent/Officer
city of Fort Worth EXHIBIT
FORTWORTH u 7 z 4 wes
�� Anril 2(111 11 1 1 1 1 1 1