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Home My WebLink About2003-388 S:bur Cn IyETJ.dm f ORDINANCE NO. 200,3-05$ 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 H 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. w &,Our Ducamwts\Ordivames103V0tvlmal-Dm=ComyETJ.dac PASSED AND APPROVED this the ,2�day of , 2003. ic aL EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: /& APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 2 $AOur D=ummt9Contra UW3\Dmnn Canty ET1 Agcrmmr.DOC 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 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. 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. SAO.Do.-WC.V t,\071Dft=CMUY ETJ AgraanmtDOC 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:\Oce D=mwmCnat=L ORDentw Cawty LTJ Agrecmeat.DOC 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 fuU.y 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 S,0"DOeo[nCn---1030-tW county HTJ Aaree=tDcc (d) 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 Denton 215 E.McKinney Denton, Texas 76201 Copy to: Development Director City of Denton 215 E.McKinney Denton, Texas 76201 and 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 B�Y��TE CITY UNCIL FOR THE CITY �executed by its authori authorized S, in its meeting held on the �✓i.w day of representative. Page 4 ETJ ICA W/20/23eG 98:41 9403452751 DISTRICT ATTORNEY PACE 08/18 - R ar ara+i G«h m iye+nW, CITY OF DENI'ON,TEXAS Michael A.Cmduff City Meutager Date: bg j k �d.l � ATTEST: JENN7ER wAt,TERS,CITY SECRETARY APPROVED AS TO LEGAL FORM. HER.BER'T L.PROUI•Y, CTI:Y ATTORNEY APPROVED BY THE C0 SS1UrEIj�,S� COURT FOR DENTON COUNTY, TEXAS, in its sneering held on t}za day of jje c-- , 2003,and executed by its authorized represmrtatve. DENTON COUNTY, TEXA-S *,�pg CC)u,gr''��f,,f HOM ssj ar% �Qti` De=n County Jtzdsv ��"nr�iu►*►��+�`��` Date: J —CA — A'I'TEST: Co ty Clerk EV ICA Page 5 03/20/2906 08:41 9403492751 DISTRICT ATTORNEY PAGE 09/18 4 APPRUvED AS TO Assbunt District Attorney EP]1CA Page 6 03/20/2006 09:41 9403492761 DISTRICT ATTDRNEY PAGE 03/18 DENTON COUNTX C'ONMSSIONERS COURT December 30,2003 Month X)v Ycar Court Order Numbe,r: 03-48a2 TUE. ORDER: 14.E) AP,Prove 2n Uterlocal Cooperation Agreewent betweeq Denton, Cauaty Texas. and the City of Deaton for implementation of the Texas Local Government Code ScAon 242,001,relrldve to the City's ETJ, on roladition of the addition of the ordinance showing when Dh isfon I WHI be annexed by the City of Denton, Motion by Seconded by wite L.4.0 Yes x Mary Horn Ah¢tnl4 No ottit on P Yea X cothts whit0 Abshdn Yes X No~ �Q7Jswbs Abstala.� Ahimt Ahiat Emi I Yts Rex Pct14a 4 sobblol ly�itche0 Abrta a Ye%AmCantr -X— No � AJ96gia Ahstnt No-- Ah� „ Motion Carried 4.0-0 O icr n: Med from Cansent No Action P00poned BY ORDER OF TEM co.�rnussio'��••�, ATTEST: Cynth14 MMehA Counw Cie* R*ssid4oa OJrcer, ' ' and xx omdo Clerk of The ,{' CatnoYnloacra Cow 13f APpAbVJCD AS IPD FORM: G OV=� Y 'i PMtQn CAWYs TUM Assifftst>nt IftWet Attorney 03/20/2006 08: 41 9403492751 DISTRICT ATTORNEY PAGE 02/18 nFNTON MINTY CQNEVCXSSIONERS COURT J=ary 6,2M04 M-4 DAY Vat Court Order N'i1mber: QAA018 THE ORDER , 16.A) Rescind an Approval (See Court Order 03-0842,Item I4M, acted 17,30_03) of the Interlocal Cooperation Agreement between Renton County, Texas, and the City of Denton for implementation of Texas Local Govermment Code stwou 242.001 relative to the town's ETJ; approval previously granted on the condition thAc Berta n ordinances be'attached showing wh=DivWon One Will be annexed by the Clty of Denton. Motion by Horn seconded by_Mftgt 'k coantyisAct Ya x Aftq B0 o AbdAM No Absent o+umlxMgzcr o t Yes X , ; y� Crathll Wbtt� A"a Bin leeoos Ab+tnlp :YOMUM AbwM _ NA Yet X czawfiwefty Fit vat 13e1sble 1.MltcAtl! Abstpio .Urn Carta AbiWo No No Abtnnt Abso� Modon Carded 4-" Oth£r Aetlon: Pulled from Conoeht No Aetlon _ POe�aat d lygtmati�1� ' BY ORDER OF THE COMlVlz8SI01vM, r�,QU�n/iqf A IT�91: 0 „ ,, O% Cysttta bKolbou,county Qorit APPROVED TO sv ti tQ';F " mYrTom to�•? 11Ari! Ct tttI1111�11tt1► BY P 1� strt A.Homey I V2,012086 08:41 9403492751 DISTRICT ATTORNEY PAGE 01/18 DENTON COUNTY COMMSSIONER,S COURT Jwmpa 2Q 2004 Month Day Year Court Order Number; C.) 4I THE ORDER: AaDrb l of tbe_jat0rlocal ,CQQAeration Agreement b�tvr�gg D to _ConntvK i� d of Dentog f—Qr—f-'n-Al2Me-A1ati0xpf-D3ms Lac Vern at mantle^Section L4Z I retative to ttle'1' 's E'1'J.aD�d 9av aunro�rbtte ac#iioa, Alotiod by Seconded by 1° 1j3dtg Yem Wry Rom Abstma Pb— ,,�► C.ommt ilof—�cf NQ1 Yta CeIRt111�E�pQner P�!No 2 Yb Cyathla wRitr Abaala , Saedy Jaoab• Abft !No_ No— Abseat a Yet_ Co--! NO t YA @abbit A M ItDbdJ Absmb, JIM Carter Ab%Wrt NO No Absent AW" 11'I00011 CSTried -� dthcr Action: Pulled from Consent _ No Anion Postponed BY01 ER Of THE C0NTX SSIONERS COWi+rIrr ATTEST: CY06LaMluhen,VaemyCterk Ex-orn do Clerk of the Preiietog Ottlaer - ��. �:�� Caatai4ifllaneta C�sttof PR A9 TO FQ Denton Connry,T ten ssimmWitticiAttarne7 flf�'%'irrri iltN�?�```, ry Ragalk r 3� iwSId� _NWA - r - ) t i .fPLfs1 r. 'tom x�Y t * �� lu•� 4 + Ih �.i=' z•.ri}i!,., dl!•rJy '' yr" i ri I =�^ t` .'_ryq:��;r�J•:�::1'��)..,{,,��,.�Z gfY Fr_ r_j�R a ll' •=111 rl:.'sp' i-•1�f•--;t';:.: '` j.i;.:5� Y''t'i�"f `s'F D ��`'k= II 1 WI1 � �� ✓, + �� 1. .1 s.:t'�-,• �E� , � .ram r� +1 � >A � �.T F� , mra N -- - I rult�U• u—� � r '�r-1�) {.'• t �• I I 1 �r{� �1�� /`>k ,y �, �. ^�L��7161011 :�J�1m..6f�i1 4�•_I r.�. 1�1 '�.:. ,r M�' ON ff ARE :r�_.::1`.��' � �� ,.s.. _.� , +_ •tN Ill. �1,�;i =-�- -'�u'.-• ::�•t; � I �ti:A±�'r,.j•.. + � ''•Inl��— y f� I _ � i _?_r I a f� _MMw f�..•E r �.�r�A1 •+r,ys3 ! 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