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Home My WebLink AboutRes 03-2002 Contract with Collin County Regarding Plat Approval AuthorityCITY OF ANNA, TEXAS RESOLUTION NO. 03-.-L" �. A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CONTRACT BETWEEN THE CITY OF ANNA AND COLLIN COUNTY REGARDING PLAT APPROVAL AUTHORITY Whereas, the State of Texas, under provisions of Local Government Code Section 242.001, has authorized cities to have sole jurisdiction for plat approval within the city's extraterritorial jurisdiction with the approval of the county or counties in which the city has such jurisdiction, and Whereas, the City of Anna desires to exercise such sole jurisdiction, and Whereas, Collin County has indicated a willingness to agree to the City of Anna exercising such sole jurisdiction, and ' NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA: The City of Anna hereby authorizes the Mayor to sign the City -County Plat Approval Agreement, attached to this resolution as Exhibit A, thereby exercising the option to exercise exclusive plat approval authority with the City of Anna's extraterritorial jurisdiction. Resolved this day the 81" day_of January, 2002, by the City Council of the City of Anna, Texas, by the following vote: Ayes: 5 Nays: O Abstentions: O APPROV Mayor ATTEST: City Secretary COUNTY P, Engineering Department September 9, 2002 Honorable Ron Ferguson City of Anna P.O. Box 776 Anna, Texas 75409 Subject: Interlocal Agreement Between Collin County and the City of Anna for Exclusive City Control of Subdivision Plats Dear Mayor: Attached for your files is one fully executed copy of the Interlocal Agreement for exclusive city control of subdivision plats within the ETJ of the City of Anna. Also enclosed is a copy of Commissioners Court Order No. 2002-2002-289-04-22 approving the Interlocal Agreement. Please call if you have any questions. 0 gado, P.E. Director of Engineering lrj xc: Jim Shepherd Attachments (2) SFP 16 2002 ILANNALETTER t25 N. McDonald, Suite 160 McKinney, Texas 75069 • (972)548-3727 •Metro (972)424-1460 Ext.3727 •FAX (972)548-5555 CITY OF ANNA, TEXA5 RESOLUTION NO. V l d-M A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A CONTRACT BETWEEN THE CITY OF ANNA AND COLLIN COUNTY REGARDING PLAT APPROVAL AUTHORITY Whereas, the State of Texas, under provisions of Local Government Code Section 242,001, has authorized cities to have sole jurisdiction for plat approval within the city's extraterritorial jurisdiction with the approval of the county or counties in which the city has such jurisdiction; and Whereas, the City of Anna desires to exercise such sole jurisdiction; and Whereas, Collin County has indicated a willingness to agree to the City of Anna exercising such sole jurisdiction; and ' hOV11 T-IEREEORE, BE IT RESOLVED BY THE C!"i'Y COUNCIL O THE CITY OF ANNA: The City of Anna hereby authorizes the Allayor to sign the .city -County Flat Approval Agreement, attached to this resolution as Exhibit A, thereby exercising the option to exercise exclusive plat approval authority with the City of Anna's extraterritorial jurisdiction. Resolved this day the 8th day_of January, 2002, by the City Council of the City of Anna, Texas, by the following vote: Ayes: 5 Nays: O Abstentions: O ATTEST: City Secretary STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § CITY -COUNTY PLAT APPROVAL AGREEMENT Exclusive City Control) That this Agreement is ei tered into by and between the County of Collin, Texas County") and the City of Texas ("City"), in accordance with the provisions of House Bill 1445 ("H.Be 1445"), passed by the 77`" Legislature of the State of Texas, and is to witness the following: WHEREAS, County is operating under Sections 232.001-232.005 of the Local Government Code; and WHEREAS, County does not contain extra -territorial jurisdiction of a municipality with a population of 1.9 million or more and is not within fifty miles of an international border and is not subject to Subchapter C, Chapter 232; and WHEREAS, City is a (home rule/general law) city, town or village of Collin County, Texas, which has extraterritorial jurisdiction ("ETJ") under the provisions of Chapter 42, Local Government Code; and WHEREAS, House Bill 1445, effective September 1, 2001, as Section 242.001, Local Government Code, was enacted to require City and County to enter into an agreement that identifies the governmental entity authorized to regulate subdivision plats and approve related permits in the ETJ of the City; NOW, THEREFORE, for and in consideration of the mutual promises and considerations herein expressed, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties hereto agree as follows; 1. Crty G 4attted Exckisive Jadiction. The parties agree that City shall be granted exclusive jurisdiction to regulate all subdivision plats and approve all related permits in its ETJ in accordance with Chapter 212 of the Local Government Code, its adopted Subdivision Regulations or other applicable codes or ordinances, and County shall no longer exercise any of these functions in the City's ETJ. 2. One Office for Plat Applications, Fee Payments anal Responses. Pursuant to this Agreement, the City Secretary or his/her designee is authorized to accept plat applications for tracts of land located in the ETJ of the City, to collect plat application fees established by law, and provide applicants one response indicating approval or denial of the plat application by the appropriate approving authority. INTERLOCAL AGREEMENT FOR ETJ Page 1 3. Consolidated Regulations. That the Subdivision Regulations of the City are hereby established as a consolidated and consistent set of regulations related to plats and subdivisions of land as authorized by Chapters 212 and 232 of the Local Government Code, and will be enforced in the ETJ of the City. 4. Areas Outside ETJ. In an unincorporated area outside the ETJ of the City, the City may not regulate subdivisions or approve the filing of plats, and the County retains jurisdiction to do so. Should the City expand or reduce its ETJ, City shall promptly notify County of such expansion or reduction. City and County agree that such an expansion or reduction shall not require amendment of this Agreement, and the City shall continue to be granted exclusive jurisdiction to regulate subdivision plats and approve related permits in its ETJ, and the County shall continue to have jurisdiction of areas outside the City's ETJ. 5. Costs. All costs involved with the approval of subdivision plats under this Agreement shall be borne by the City and payable out of current revenues available to it. 6. Periodic Revietit. This Agreement may be reviewed periodically and revised to address changed circumstances. This Agreement may only be modified or amended by a subsequent Agreement in writing between the same parties. 1 Iiscellarreous Provisions. 7. This Agreement shall not constitute an Agreement for the provision of governmental functions or services by either party for the other, except for the specific subject matter hereof. 8. All notices required to be given by virtue of this Agreement shall be addressed as follows and delivered by certified mail, postage prepaid, or by all delivery: City of A,NN (a Collin County Engineering Dept. Attn: r%MUD l JuSm<. TD(IN 825 N. McDonald St., #160 Address: .p. gb X 7? to McKinney, Texas 75069 9. In the event any section, subsection, paragraph, sentence, phrase or work of this Agreement shall be held invalid, illegal or unconstitutional, the balance of the Agreement shall be severable, and shall be enforced as if the parties intended to delete the invalid portion. 10. This Agreement shall be construed under the laws of the State of Texas. Venue for any action under this Agreement shall be the State District of Collin County, Texas. This Agreement is performable in Collin County, Texas. INTERLOCAL AGREEMENT FOR ETJ Page 2 2002. City of 13y: Name: Title: 11. This Agreement may be executed in identical counterparts, each of which shall be deemed an original and constitute one and the same instrument. 12. This Agreement embodies the complete agreement of the parties hereto, superceding all prior or contemporaneous, oral or written agreements between the parties relating to the subject matter hereof. 13. All Recitals contained in this Agreement are incorporated herein by reference for all purposes and specifically found to be true and correct by the parties hereto. 14. The undersigned officers of the parties hereto have been duly authorized by appropriate legislative action of their respective governing bodies to execute this Agreement and bind the represented party to the terms hereof. 15. This Agreement is not intended to and does not extend the liability of the parties beyond that provided by law. Neither the City or the county waives any immunity or defense that would otherwise be available to it against claims by third parties. 16. All rights, orders, approvals, permits, and legal or administrative proceedings, with regard to a subdivision plat of property in the ETJ of the City in existence at the effective date of this Agreement shall continue until consummation. This Agreement shall become effective on the , day of , Ps /l ,Texas C Date: , 2002 B, N Title: ATTEST: INTERLOCAL AGREEMENT FOR ETJ Page 3 THE STATE OF TEXAS COUNTY OF COLLIN COURT ORDER N0.2002- 1 -0422 AGREEMENTS INTERLOCAUENFORCEMENT OF SUBDVISION REGULATIONS CITY'S EXTRATERRITORIAL JURISDICTION ENGINEERING On April 22, 2002, the Commissioners Court of Collin County, with the following members present and participating, to wit: Ron Harris Phyllis Cole Jerry Hoagland Joe Jaynes Jack Hatchell During such session the court considered Anna for the Enforcement of Subdivision Jurisdiction (ETJ). Texas, met in regular session County Judge, Presiding Commissioner, Precinct 1 Commissioner, Precinct 2 Commissioner, Precinct 3 Commissioner, Precinct 4 approval of an Interlocal Agreement with the City ofRegulationswithinthecityofAnnaExtraterritorial Thereupon, a motion was made, s with dthe Cind of Anna for the Enforcement of Subdivis on authorizing the Interlocal Agreement tY Regulations within the cities' Extrat ebtoanal roveddas per the attached documenttion. County Judge to execute same. Same is her y pp ATTEST: es Ex-Offi io lerkHelenStarn , Commissioners' Court Collin County, T E X A S Ron hyllis Jerry u Joe Jay s ' Jack Haf c ell, ar+,,,,,,;,, 0 L L /. p''% Judge i oner Pct. 2 loner, Pct. 3 Pct. 4 r .. REQUESTS MUST BE RECEIVED NO LATER THAN l2:00 PM ON THE TUESDAY PRfOR TO THE MONDAY MEETING. INSTRUCTIONS ON THE REVERSE Date: 04/16/02 Court Date: 04/22/02 Tn, •y c• ro. ca,s a•nc RECEIVED cot r lsslori-Rs co Phone/E 3727 Request for Approval of Interlocal Agreements Between Colfin County and the es o na c nney ; olard:,. 5...b d,ry ; st-•n e y.a ro..s Departmer eGENDA NUMBER: REGULAR CONSENT Engineering Department This Item Is part Amount Budgeted: or needed) Account Number. SIGNATURE: PURCHASING DEP TMENT ACTION &COMMENTS Enter"not to exceed "cost estlmate(s) for the requested item(s): CHECKTWO OF THE BELOW BOND REQUIRED: INS. REO'D: ADVERTISE BIDS ANNUAL ACTION: EFFECTNE: e T1 raanansALs I I AD DATES: OPEN DATElrIME: ttem Descr(ptlon for Agenda: Remarks: PURCHASING AGENT SIGNATURE: Remarks: AUDITOR'S OFFICE ACTION &COMMENTS YEs JG VERIFICATION BUDGET AMENDMENT REQUIRED lAltt BRFR FOR AVAILABLE FUNDS EMERGENCY, SeC 1151010 LGC LGC SIGNATURE: BUDGET DEPARTMENT ACTION &COMMENTS Ouuenre on sTeD TO BUDGET AMENDMENT JUSTIFICATION SUBMfrTED BY DEPARTMENT G•. SIGNATURE: TO: Commissioners Court FROM: Ruben E. Delgado, Engineer DATE: 4/16/02 SUBJECT: Approval of Interlocal Agreements (ILA's) With the Cities of Anna & McKinney for the Enforcements of Subdivision Regulations Within City's Extraterritorial Jurisdiction (ETJ) We request Commissioners Court consider approval of the attached Interlocal Agreements (ILA's) for the enforcement of subdivision regulations within the following cities' Extraterritorial Jurisdiction (ETJ. House Bill 1445 effective 9/1/Ol allowed for "one -stop shopping" for plat approval. Presently, in ETJ's, plat approval requires approval of County and City and the more stringent regulations would apply. FIB 1445 allows for approval by only one governmental entity according to an approved ILA between City and County. The following table indicates the basis for Commissioners Court action: Subdivision city ETJ Regulations ` ILA Action Anna Large ETJ — Anticipate More stringent than City W ould Recommend minimum annexation — One County Regulations Regulate Approval Half Mile ETJ area McKinney Large ETJ — Anticipate More stringent than City Would Recommend maximum annexation — County Regulations Regulate Approval 3-1/2 Mile ETJ area Our County Counsel, Mr. Jim Shepherd, has reviewed and approved the Interlocal Agreements as to legal content and intent. Commissioners Court April 16, 2002 Page 2 We have received a total of twenty-two ILA approval requests for subdivision plat approval authority. Nine cities have not submitted ILA's to date. Of the nine cities, four do not have ETJ areas — see attached Interlocal Agreement Status Sheet. We request Commissioners Court consider approval of the attached ILA's and authorize a separate court order for each City. We also request authorization for County Judge Ron Harris to execute the ILA's. xc: Jim Shepherd Collin County Planning Board Jon Kleinheksel Bob Lindberg MD/:ETJILASFOR BRIDGEANNAMCKINNEY&WESTON ILA/ETJ Interlocal Agreement Status Sheet 4/16/02 city Received Not Received Not Required Allen X Anna X Blue Ride Pending Carrollton X Celina X Dallas X Fairview X Farmersville X Frisco X Garland X Josephine X Lavon X Lowry Crossin X Lucas X McKinney X Melissa X Murphy X Nevada X New Hope X Parker X Plano X Princeton X Prosper X Richardson X Ro se City X Sachse X St. Paul X Van Alstyne X Westminister X Weston Pending Wylie X STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § CITY -COUNTY PLAT APPROVAL AGREEMENT Exclusive City Control) That this Agreement is entered into by and between the County of Collin, Texas County") and the City of At N14 Texas ("City"), in accordance with the provisions of House Bill 1445 ("H.B. 1445"), passed by the 77"' Legislature of the State of Texas, and is to witness the following: VHEREAS, County is operating under Sections 232.001-232.005 of the Local Government Code; and WHEREAS, County does not contain extra -territorial jurisdiction of a municipality with a population of 1.9 million or more and is not within fifty miles of an international border and is not subject to Subchapter C, Chapter 2326 and WHEREAS, City is a (home nile/general law) city; town or village of Collin County, Texas, which has extraterritorial jurisdiction-("ETJ.") under the provisions of Chapter 42, Local Government Code; and WHEREAS, House Bill 1445, effective September 1, 2001, as Section 242.001, Local Government Code, was enacted to require City and County to enter into an agreement that identifies the governmental entity authorized to regulate subdivision plats and approve related permits in the ETJ of the City; NOtiV, THEREFORE, for and in consideration of the mutual promises and considerations herein expressed, the receipt and sufficiency of which .are hereby acknowledged by the parties, the parties hereto agree as follows. 1. City Granted Exclusive Jurisdiction:. The parties agree that City shall be granted exclusive jurisdiction to regulate all subdivision plats and approve all related permits in its ETJ in accordance with Chapter 212 of the Local Government Code, its adopted Subdivision Regulations or other applicable codes or ordinances, and County shall no longer exercise any of these functions in the City's ETJ. 2. One Office for• Plat Applications, Fee Pay»ients and Responses. Pursuant to this Agreement, the City Secretary or his/her designee is authorized to accept plat applications for tracts of land located in the ETJ of the City, to collect plat application fees established by law, and provide applicants one response indicating approval or denial of the plat application by the appropriate approving authority. NTERLOCAL AGREEMENT FOR ETJ Pale 1 3. Consolidated Regulations. That the Subdivision. Regulations of the City are hereby established as a consolidated and consistent set of regulations related to plats and subdivisions of land as authorized by Chapters 212 and 232 of the Local Government Code, and will be enforced in the ETJ of the City. 4. Areas Outside ETJ. In an unincorporated area outside the ETJ of the City, the City may not regulate subdivisions or approve the filing of plats, and the County retains jurisdiction to do so. Should the City expand or reduce its ETJ, City shall promptly notify County of such expansion or reduction. City and County agree that such an expansion or reduction shall not require amendment of this Agreement, and the City shall continue to be granted exclusive jurisdiction to regulate subdivision plats and approve related permits in its ETJ, and the County shall continue to have jurisdiction of areas outside the City's ETJ. 5. Costs. All costs involved with the approval of subdivision plats under this Agreement shall be borne by the City and payable out of current revenues available to it. 6. Periodic Review. This Agreement may be reviewed periodically and revised to address changed circumstances. This Agreement may only be modified or amended by a subsequent Agreement in writing between the same parties. Miscelhureorrs Provisions. 7. This Agreement shall not constitute an Agreement for the provision of govenimental functions or services by either party for the other, except for the specific subject matter hereof. 8. All notices required to be given by virtue of this Agreement shall be addressed as follows and delivered by certified mail, postage prepaid, or by hand delivery: City of At 0 A Collin County Engineering Dept. Attn:i-y M tsi(To 825 N. McDonald St., #160 Address: 't? 0. i&O X 11 b McKinney, Texas 75069 A tkINPt, Tx.s o5 9. In the event any section, subsection, paragraph, sentence, phrase or work of this Agreement shall be held invalid, illegal or unconstitutional, the balance of the Agreement shall be severable, and shall be enforced as if the parties intended to delete the invalid portion. 10. This Agreement shall be construed under the laws of the State of Texas. Venue for any" under this Agreement shall be the State District of Collin County, Texas. This Agreement is performable in Collin County, Texas. NTERLOCAL AGREEIvfENT FOR ETJ Page 2 l 1. This Agreement may be executed in identical counterparts, each of which shall be deemed an original and constitute one and the same instrument. 12. This Agreement embodies the complete agreement of the parties hereto, superseding all prior or contemporaneous, oral or written agreements between the parties relating to the subject matter hereof. 13. All Recitals contained in this Agreement are incorporated herein by reference for all purposes and specifically found to be true and correct by the parties hereto. 14. The undersigned officers of the parties hereto have been duly authorized by appropriate legislative action of their respective governing bodies to execute this Agreement and bind the represented party to the terms hereof. 15. This Agreement is not intended to and does not extend the liability of the parties beyond that provided by law. Neither the City or the county waives any immunity or defense that would otherwise be available to it against claims by third parties. 16. All rights, orders, approvals, permits, and legal or administrative proceedings, with regard to a subdivision plat of property in the ETJ of the City in existence at the effective date of this Agreement shall continue until consummation. This Agreement shall become effective on the day of 2002. City By: Nar Title: MA.I o rt_ Date: - , 2002 Collin County, Texas Name: Title: ATTEST: Secretary Date: , 2002 INTERLOCAL AGREEMENT FOR ETJ Page 3