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Home My WebLink About2003-388SMw DxommldOrtlwmccS➢1Vomlail-Oman CnuniYETJ.da ORDINANCE NO. 2003-0,FY AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE REGULATION OF SUBDIVSIONS IN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, prior to recent amendments to Texas Local Government Code §242.001, the City and the County could exercise concurrent jurisdiction over the platting process required upon the subdivision of land within the City's Extraterritorial Jurisdiction ("ETJ") located within the County; and WHEREAS, prior to recent amendments to Texas Local Government Code §242.001, the City adopted Ordinance No. 93-033, which was amended by Ordinance No. 94-039 & 94-122, wherein, the City adopted and amended its regulatory line map reflecting Division I and Division II of the City's ETJ; and WHEREAS, these recent amendments to Texas Local Government Code §242.001 allow the City and County to enter into an Interlocal Agreement set forth the City and the County's regulatory jurisdictions within the ETJ; and WHEREAS, both City and County desire that City continue to exercise exclusive jurisdiction to regulate subdivision plats and approve related permits, in City's Division I ETJ under Subchapter A of Chapter 212 of the Texas Local Government Code and other statutes applicable to municipalities, and the County be granted such exclusive jurisdiction to regulate subdivision plats and approve related permits in City's Division II ETJ under Subchapter A of Chapter 232 of the Texas Local Government Code and other statutes applicable to counties, all of which is provided for in the Interlocal Cooperation Act and Local Government Code §242.001. WHEREAS, the City Council hereby finds that the Interlocal Agreement is in the public interest; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The City Manager is hereby authorized to execute on behalf of the City of Denton the Interlocal Cooperation Agreement with Denton County in substantial form, which is attached hereto. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. • 5`Our DrcummlWediomma�0)Umclacal-Dmmn('nwyETl.tlrc PASSED AND APPROVED this the �%.� day of 2003. zf a EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Page 2 Mur O¢ummulCwh¢IdA3N Cm WU1 Aq=® MC INTERLOCAL COOPERATION AGREEMENT THIS INTERLOCAL COOPERATION AGREEMENT ("ICA") is entered into and in accordance with the provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government Code, and Texas Local Government Code §242.001 by and between the City of Denton, Texas ("City'), a political subdivision of the State of Texas, and the Denton County, Texas, ("County"), also a political subdivision of the State of Texas. Recitals WHEREAS, prior to recent amendments to Texas Local Government Code §242.001, the City and the County could exercise concurrent jurisdiction over the platting process required upon the subdivision of land within the City's Extraterritorial Jurisdiction ("ETJ") located within the County; and WHEREAS, prior to recent amendments to Texas Local Government Code §242.001, the City adopted Ordinance No. 93-033, which was amended by Ordinance No. 94-039 & 94-122, wherein, the City adopted and amended its regulatory line map reflecting Division I and Division H of the City's ETJ; and WHEREAS, these recent amendments to Texas Local Government Code §242.001 allow the City and County to enter into an Interlocal Agreement set forth the City and the County's regulatory jurisdictions within the ETJ; and WHEREAS, both City and County desire that City continue to exercise exclusive jurisdiction to regulate subdivision plats and approve related permits, in City's Division I ETJ under Subchapter A of Chapter 212 of the Texas Local Government Code and other statutes applicable to municipalities, and the County be granted such exclusive jurisdiction to regulate subdivision plats and approve related permits in City's Division II ETJ under Subchapter A of Chapter 232 of the Texas Local Government Code and other statutes applicable to counties, all of which is provided for in the Interlocal Cooperation Act and Local Government Code §242.001. NOW, THEREFORE, City and County, for the mutual consideration stated herein, agree and understand as follows: Agreements 1. The above recitals are incorporated, as if fully set forth, herein. This ICA sets forth the City and the County's regulatory jurisdiction in the ETJ as adopted by Ordinance No. 93- 033, which was amended by Ordinance No. 94-039 & 94-122, wherein, the City adopted and amended its regulatory line map reflecting Division I and Division II of the City's ETJ. S:Lw DocammWfiiwcWDllOmmn Ca U1 Apem LMC a) City Granted Exclusive Jurisdiction. City shall be granted exclusive jurisdiction to regulate all subdivision plats and approve all related permits in the City's Division I ETJ as established by Denton City Ordinance 93-033 and amended by Denton City Ordinance 94-039 & 94-122, as shown on Exhibit "A", and the City may regulate subdivisions under Subchapter 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 the City's Division I & II ETJ. The County will continue to enforce Texas Water Code Chapter 366 and on -site sewage facilities under 30 Texas Administrative Code ("TAC") Chapter 285, unless the City is an authorized agent of the Texas Commission of Environmental Quality. 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. The City shall approve and regulate culvert and floodplain development permits pursuant to federal and state law in Division I of the ETJ. b) County Granted Exclusive Jurisdiction. County shall be granted exclusive jurisdiction to regulate all subdivision plats and approve all related permits in City's Division II ETJ as defined and established by City Ordinance No. 93-033 and amended by City Ordinances Nos. 94-039 and 94-122, and may regulate subdivisions under Subchapter A of Chapter 232 of the Texas Local Government Code and other statutes applicable to counties. 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 by annexation, the City and County agree that the City shall continue to be granted exclusive jurisdiction to regulate subdivision plats and approve related permits in its Division I ETJ, and to regulate subdivisions under Subchapter A of Chapter 212 of the Texas Local Government Code and other statutes applicable to municipalities upon the effective date of the annexation. The City and County agree that in the event City's ETJ is reduced by disannexation, the 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 Division I ETJ upon the effective date of the disannexation. Should City expand or reduce its ETJ by annexation or disannextion, City shall notify the County of such expansion or reduction within thirty (30) days by sending a copy of the applicable ordinance. Upon receipt of the ordinance, the County will revise the City's ETJ on its GIS system in accordance with revised Exhibit A. County may 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). ETJ ICA Page 2 S^Din DocommtifivaxWLTMntm Camry Ell Apemml.WC 4. Notice of Plat Submittals and Approvals. The City may electronically notify the County of the approval of a plat by sending a copy of the approved plat and any engineering plans to the County Planning Department. If available, the approved plat may be sent electronically. After notice of approval, 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 applications are 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 effective date of the annexation or disannexation. 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 to the appropriate office. 6. Maintenance of Roads. County shall continue to maintain public roads constructed in the ETJ at County's expense, except as otherwise provided by agreement. 7. Effective Date. The Effective Date shall be the date upon which both parties have approved and fully executed this ICA. Upon execution of this ICA, the City and the County certify compliance with Texas Local Government Code §242.001. 8. Applicable Regulations. The subdivision rules and regulations currently enacted by the City and extended to the ETJ are hereby established as the set of regulations to be enforced by the City in the City's Division I ETJ. The subdivision rules and regulations currently enacted by the County are hereby established as the set of regulations to be enforced by the County in the City's Division II 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 parry's subdivision rules and regulations shall be sent to the other party pursuant to Section 10(e) below. 9. Miscellaneous Provisions. (a) This Agreement expresses the entire agreement between the parties hereto regarding the subject matter contained herein and may not be modified or amended except by written agreement duty executed by both parties. (b) This Agreement shall be construed in accordance with the laws of the State of Texas and venue for all purposes hereunder shall be in Denton County, Texas. (c) 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. ETJ ICA Page 3 sm.( Wuj �� (d) All notices required to be given by virtue of this d or by hand address ed as follows and delivered by certified mail, postage p P City: City Manager City of Denton 215 E. McKinney Denton, Texas 76201 Copy to: Development Director City of Denton 215 E. McKinney Denton, Texas 76201 M City Attorney City of Denton 215 E. McKinney Denton, Texas 76201 County: Denton County Judge 110 West Hickory Denton, Texas 76201 Copy to: Denton County Planning Department 306 N. Loop 288, Suite 115, Denton, Texas 76209 and Denton County Criminal District Attorney Civil Division P.O. Box 2850 Denton, Texas 76202 (e) This ICA is not intended to extend the liability of the parties beyond defense that hat provided by law. Neither the City nor the County waives any immunity would otherwise be available to it against claims by third parties. (f) City and County may review this Agreement on or before April 1, 2004, and shall make such amendments as are mutually acceptable to the parties. APPROVED BY THE CITY UNCIL FOR THE CITY Y03, O executed , TEXAS, i d its meeting held on the day of representative. Page 4 ETJICA '03/20/2006 08:41 9403492751 DISTRICT ATTORNEY PACE 00/18 Rftb�rwamlq..Cs mpe+o "kichad A. i S Citymulager Date'.- 1AA9'A164'4 ATTEST: JENNmm wALTERS, CTIY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY APPROVED BY THE anWSTONM COURT FOR DENTON COUNTY, IBXAS, in its nteeting held cn tha ,'2{� day of G , 2003, and exemftd by its =thorized MpzesMative. ATTEST: A DENTON COUNTY, TEXAS Mazy HOm Demon CattntyJud Date: ET]ICA . Pap 5 03/20/2006 08:41 9403492751 DISTRICT ATTORNEY PAGE 09/18 `°�' awwro.w..mcwi..fwmiti..� we "PROVED AS TO FU)W- Assistant Dhtmot Attomey ET] ICA Page 6 03/20/2006 08:41 9403492751 DISTRICT ATTORNEY PAGE 03/18 DENTON COUNW COMMISSIONERS COURT December 30, 2003 Mdnth oil Year Court Order Number: 03-0842 TUE ORDER. 14.E) Approve an Interlocal Cooperation Agreement between Denton Coaary, Texas. and the City of Denton for implementation of the Texas Local Government Code Section 242,001, relative to the City's ETJ, on condition of the addition of the ordinance showing when Division I wlti be annexed by the City of Denton. Motion by Jacobs CasenlcNoner Pee Not Yea x "IN white Abshin _ No _ Absent . Mittloaer PerN a yes aebblel Wtehea Abgala NO Absent Seconded by_M11te roams nd . YN R ' MaryHorn Ahatdla No Absent aener PerN 2 yes x AbsWa No _ Abrvat PRAn4 yes illCotMr Ab"m No _, Absest Motion Carried 4.0-0 ONlar Action: Yufled from Caumt _ No Action _ $Y ORDm oir THE 7";7 Asslstgnt DiPfriet Attorney Postponed ATTEST: '~ / •e•' CY211W satxEra, Cban4'Cla* Ir and$e4mciDa "Ofes (��C�' Commnleeers Coprt of PRICn CWgni TUR a 03/20/2006 08:41 9403492751 DISTRICT ATTORNEY PAGE 02/18 DFNTON mT- rY CO1vINMSIONERS COURT January 6, 2004 Mee14 my vttr Court Order Number: 040018 THE ORDER 16.A) Rescind An Approval (See Court Order 03-0842, Item 14M, dated 17,30-03) of the Interlocal Cooperation Agreement between Denton Connty, Texas, and the City of Denton for implementation of Texas Local Government Code Section 242.001 relative to the town's ETJ; approval previously granted on the eoaditian Mai certain ordinances be 'attached showing when Division One will be annexed by the City of Denton. Motion by Rom Seconded by feu 1 Ceenw,saq Vol x Mvyasm Abedn� No _ Abfmt Cennm.leegzaxn Yes X 1 Yw Cywhio Wbne Abso, a sandy Jim" Abrodo No _ No _ Abmt Manor _3 cwaminleeer9d Nei Yn X i'eemdol(ener PrtNe� Yeti anbbleJ.Mabeu Abdo, qm Cuts Abddo No No Abtmll Ma d Modon Carried 4-" OthEr Adige: puffed iiom Conmht No Acdon _ roefp d BY ORDER OF'r19E COMM AirmsT: A ' ma's Md12-baabC$ k6TiOUDW b ig? obd:>t-0®Nbf]vkefalb = 6 — Cownidim" Conde[. rr�a Denton Cenmy, Te ir4aa / r-` 9Y a 0 PPV2012006 ee:41 9403492751 DISTRICT ATTORNEY PAGE 01/18 DENTON COUNTY CONMSSIONERS COURT Jannary 20. 2004 Month Day Year Court Order Number,- 0 /_j_6 C) 4// - App the aterlocal Cooperation Asreetnent 6et11rm no,.�� Connty_ -Tna& and the City of Denton for tmplemnnf lion fg' taao Local Government Code. Section t, 2�Lrelattve to the Town°s ETd, goo anv appropriate actiae Modod by Af"[.V Seconded by t�nnN]ndee Yd �� Mary Born Abstain No — mAWtne Commaw Pet Not Yea _� CAmmlalbner pet Nos yn CYatala White AbstCla , saddy Saaeba Abaetta No _ No — Abseat *bum tMMWkAM Pet Ne 3 yet Cemm:erienlr Pee Ne yq Bobble A Mfttbefl Abstain _ Jim Career Apsada ` No No Absent Abeeat ` M00011 Carried 41'6 Other Action: Polled from Consent — No Action — BYOR17ER Of THE COMMISSIONERS COwfrrrrr U rq s G OUFI q� PNvldmp Oplaer PR A9 To FD W,/- J 6a Poctponed ATTEST: Cyetkia MhehOA C+enap Ckrk God Er-omdo perk or me caraallaslaoem coatref beesoo county, tom