2003-388SMw 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.
5OUr DrcummWdomma0)Umcla-DmmnwyETl.tlrc
PASSED AND APPROVED this the 0 day of 2003.
zf a
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: /b"x dat
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY.
Page 2
Mur O¢ ummlflCw4ssIdA3➢minu C 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.
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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
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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 party'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
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(d) All notices required to be given by virtue of this
prepaid or by hand addres ed as
follows and delivered by certified mail, postage 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 provided (e) This ICA is not intended to extend the liability of the parties beyond that defense that
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 OF De sited , TEXAS, in its
d
meeting held on the day of by its authoriz
representative.
Page 4
ETJICA
'03/20/2006 08:41 9403492751 DISTRICT ATTORNEY PACE 08/18
Rftb~rwamlq..Cs mpe+o
ATTEST:
JENNIFER wALTERS, i1TY SECRETARY
BY: 4"m"Miad.
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
$Y. llh., ,
,,;c.. ~;J a~.,e.Y•~.,.Go
CITY OF DENCON, TEXAS
Michael A. Condaff
City Manager
Date: 1AA9'A103
APPROVED BY THE CODWSTO COURT FOR DENTON COUNTY,
TEXAS, in lts ateeting held an the,{) day of G , 2103, and execated
by its =thorized Mpresontative.
DENTON COUNTY, TEXAS
ATMST:
4colty clerk
Mazy HOm
Demon CattntyJud
Date:
S'TI ICA . Page 5
03/20/2006 08:41 9403492751 DISTRICT ATTORNEY
PAGE 09/18
"PROVED AS TO FU)W-
Aa Llmt Dhtmot Attomey
ET] ICA
Page 6
03/20/2006 00:41 9403492751 DISTRICT ATTORNEY
PAGE 03/18
DENTON COUNW
COMMISSIONERS COURT
Derember 30, 2003
Mdntk oil Year
Court Order Nuinber: 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 242.401, 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
Casent Noner Pee Not Yea X
"IN white Abshin _
No _
Absent
. Mittloaer PerN a yes
aebblel Wtehea Abgala
NO
Absent
Seconded by_M11te
roams ntl . YN X '
MaryHorn Ahatdla
No
Absent
plnlmkriener PerN 2 yes x
AbsWa r
No _
Abrvat
PRAn4 yes
ill COtMr Ab"m
No
Absest
Motion Carried 4.0-0
MIKE Action: Yufled from Caumt _ No Action _
$Y ORDm oir THE
7";7
Asslstgnt Diviriet Attorney
Postponed
ATTEST:
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(~~C~' Comeinleeers Coprt of
PRICA CWgnl TUR
03/20/2006 08:41
9403492751 DISTRICT ATTORNEY
DFNTON mT- rY
CO1vINMSIONERS COURT
January 6, 2004
M1114 my vtkr
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 County, 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 condition
Mai certain ordinances be 'attached sbowing when Division One will be annexed by
the City of Denton.
Motion by Rom Seconded by feu 1
Cent.,sac, Vol x
Mary aem Abddn~
No _
Abfmt
Cennm.leegzaxn Yes X 1 Yw
Cyrow Wbne Abso, a sandy Jim" AbeWe
No _ No _
Abmt Ahem! _3
CRARAnleeer9d Nei Yn X Peemdol(ener P4tNe~ Yeti
anbbleJ.Maben Abdo, qm Cuts AbOde
No No
Abml Mara
Motion Carried 4."
OthEr Adige: puffed t}om Conmht No Acdon _ ppefpeeed
AirmsT:
PAGE 02/18
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BY
BY ORDEROF'r19E COMM
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9403492751 DISTRICT ATTORNEY
DENTON COUNTY
CONMSSIONERS COURT
Jannars 20. 2004
Month Day Year
Court Order Number;
THE ORDER:
oLldC) yl-
Anpzoyal of the atI local CoooerBHon Asreement hetltemE!@ to connty_
Texas, and the City of Denton for imnlemnnf lion fT 3me Laval Government
Code. Section t, O-00iLrelattve to the Town°s ETd, goo anv appronr4 actiae
PAGE 01/18
Modod by Af" [.V Seconded by
t~nnN]ndee Yd
Mary Born Abstain
No-
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Commmaw Pct NOt Yea Cfmmksbner pet Nos yn
CYatak White AbittlY saddy Saaeba Abwh -
No _ No -
Abseat *bum
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Babble A Mftabell Abaratn _ Jlm Career Ahatrda `
No No
Absent Abteat `
M00011 Carried 4`'6
Other Action: Pulled from Consent - No Action -
BYOR17ER Of THE COMMISSIONERS COT~'frrrrr
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EXHIBIT "A"