HomeMy WebLinkAboutContract 29408 INTERLOCAL COOPERATION AGREEMENT CITY SECRETARY L CONTRACT NO. �► �
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
House Bill 1204 ("HB 1204") enacted by the Texas Legislature during its 78th 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 ("ETJ")
located within the County; and
WHEREAS, H.B. 1445 amended Texas Local Government Code §242.001 to require that
City and County agree to a means 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, H.B. 1204 established a January 1, 2004 deadline for City and County to
enter into an agreement concerning jurisdiction to oversee and regulate the platting process and
related permits within the City'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 and H.B. 1204 require 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, H.B. 1445 and
H.B. 1204;
NOW, THEREFORE, City and County, for the mutual consideration stated herein, agree
and understand as follows:
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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. Execution of this Agreement does not affect County's authority to issue permits
for on-site sewage facilities. In accordance with the City's Plan Commission Rules and
Regulations, the Fort Worth Plan Commission will not approve a subdivision plat for lots smaller
than 2.5 acres with on-site septic systems unless the Wise County Public Works Department has
approved the septic system. In addition, execution of this Agreement does not affect County's
authority to approve culvert and floodplain development permits pursuant to federal law.
2. ETJ Defined. 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 any dispute with any
other person or municipality regarding the boundaries of the City's ETJ.
3. ETJ Expansion or Reduction. In the event that City's ETJ should expand, 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 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 the exclusive
jurisdiction to regulate subdivision plats and approve related plats in areas in the County that are
no longer in the City's ETJ until this Agreement 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 thirty (30) days by sending a copy of the applicable ordinance. Upon receipt of
the ordinance, the County will incorporate the revised ETJ into its GIS system or other such
mapping processes County may have in effect, 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.
4. Notice of Plat Submittals and Approvals.
(a) The City shall notify the 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) The City shall notify the County of the approval of a plat. A copy of any
engineering plans and three copies of each approved plat shall be sent to the Wise County Judge,
at the address set out in Section 11(e), within thirty (30) days of the City's approval. In addition
to providing hard copies, the approved plat and engineering plans may also be sent on floppy
disks or CD—rom in a format compatible with the County's GIS system. After notice of approval
is given, the County shall assign addresses to each lot within an approved subdivision.
5. Plats Affected. 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 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.
6. Collection of Fees and Costs. All costs involved with the approval of subdivision plats
under this ICA, including but not limited to engineering reviews and inspections of public
improvements, shall be borne by the City and payable out of current revenues available to it. All
fees relating to subdivision plat approval shall be collected by the City and retained by the 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 ICA.
9. 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 11(e) below.
10. Certification of Agreement. City and County hereby certify that upon approval of this
Agreement by the City Council of the City of Fort Worth and the Wise County Commissioners
Court, this Agreement will comply with the requirements of Chapter 242 of the Texas Local
Government Code, as amended by H.B. 1445 and H.B. 1204.
11. 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.
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(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: City Manager
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Copy 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, Tx. 76234
Copy to:
Wise County Attorney
Christopher N. Forbis
Sewell and Forbis
Sewell Building
102 N. Walnut
Decatur, Tx. 76234-0534
(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.
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(g) County reviews and considers renewal of all interlocal agreements effective
October 1 of each year. City and County shall use their best efforts to renew this Agreement on
or before October 1, 2004.
APPROVED BY THE CITY COUNCIL FOR THE CITY OF FORT WORTH, TEXAS,
in its meeting held on the day of 'fie 2003, and executed by its
authorized representative.
CITY OF FORT WORTH, TEXAS
By:
Title: �S-Sf. G� �y i�lcvt�-��r
ATTEST:
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APPROVED ASTO FORM:
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City Attorney
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APPROVED BY THE COMMISSIONERS COURT FOR WISE COUNTY, TEXAS, in
its meeting held on the day of JlimuA-R-1 ,_.00T, and executed by its
authorized representative. 200
WISE COUNTY
's' By:
Judge R.R. Chase, County Judge
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County C rk
By: Monica Richardson, Deputy
APPROVED AS TO FORM:
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Attorney for Wise County, Texas
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City of Fort Worth Extra-Territorial Jurisdiction : Wise County
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EXHIBIT 'A
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/16/2003 - Resolution No. 3027
DATE: Tuesday, Decernber 16, 2003
LOG NAME: 06HB1445WC REFERENCE NO.: **C-19899
SUBJECT:
Resolution Approving Interlocal Agreement with Wise County, Texas, for Regulation of Subdivisions
and Approval of Related Permits in City of Fort Worth's Extraterritorial Jurisdiction
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the attached resolution adopting an Interlocal Agreement with Wise County, Texas, granting to
the City of Fort Worth exclusive jurisdiction to regulate subdivision plats and approve related permits in the
portion of the City's extraterritorial jurisdiction located in Wise County; and
2. Authorize the City Manager or his designee to execute the agreement.
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. H.B. 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.
HB 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.
HB 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
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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.
Wise County Commissioners Court will consider approval of the attached agreement at its meeting on
December 16, 2003. Staff will brief the City Council concerning the result of the Wse County
Commissioners Court meeting prior to the City Council's consideration of this Mayor and Council
Communication.
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: Reid Rector (6140)
Originating Department Head: Bob Riley (8901)
Additional Information Contact: Bob Riley (8901)
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A Resolution
NO.
APPROVING INTERLOCAL AGREEMENT WITH WISE 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 Wise County, Texas, currently regulate
subdivision plats in the portion of the exterritorial jurisdiction ("ETJ") of the City of Fort
Worth located in Wise County, pursuant to Chapter 212 and Chapter 232, respectively, of
the Texas Local Government Code;
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 entity will regulate such subdivisions;
WHEREAS, Section 242.001(c) requires that the municipality and the county shall
adopt the agreement by order, ordinance or resolution;
WHEREAS, the City of Fort Worth and Wise County have agreed that the City of
Fort Worth shall have exclusive jurisdiction to regulate subdivision plats in that portion of
the City's ETJ located in Wise County in accordance with the attached agreement;
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 Wise County
attached hereto, providing for exclusive jurisdiction by the City of Fort Worth to regulate subdivision
plats in the City's extraterritorial jurisdiction in Wise County, is hereby approved;
FURTHER RESOLVED, that the City of Fort Worth certifies that the agreement complies with
the requirements of Chapter 242 of the Local Government Code.
ADOPTED this I day of December, 2003. "eRICO.
AILSTI
G oria Pearson
City Secretary
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