ORDER NO.29511
INTERLOCAL AGREEMENT WITH CITY OF KERRVILLE
CONCERNING SUBDIVISION PLATTING JURISDICTION WITH ETJ
Came to be heard this the 27th day of December, 2005, with a motion made
by Commissioner Letz, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve Interlocal Agreement with City of Kerrville concerning subdivision
platting jurisdiction within ETJ, and authorize County Judge to sign same.
a9Sl)
!'' I COMMISSIONERS' COURT AGENDA REOUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Jonathan Letz
MEETING DATE: December 27, 2005
OFFICE: Commissioner, Pct. 3
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action on Interlocal Agreement with
the City of Kerrville concerning subdivision platting jurisdiction within the ETJ.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Commissioner, Pct. 3
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to asswe that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
5:00 P.M. previous Tuesday.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's format consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards yow request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
INTERLOCAL COOPERATION AGREEMENT BETWEEN KERR COUNTY AND
THE CITY OF KERRVILLE FOR REGULATION OF SUBDIVISIONS WITHIN THE
CITY OF KERRVILLE'S EXTRATERRITORIAL JURISDICTION
This Interlocal Cooperation Agreement ("Agreement") is made by and entered into
between Kerr County, Texas ("County") and the City of Kerrville, Texas ("City"), on the a~~`
day of December, 2005.
WHEREAS, the Texas Legislature modified Section 242.001 of the Texas Local
Government Code to prohibit, with some exceptions, both a county and municipality from
regulating subdivisions within the extraterritorial jurisdiction ("ETJ") of a municipality; and
WHEREAS, Texas Local Government Code Section 242.001(c) states that a
municipality and a county shall enter into a written agreement that identifies the governmental
entity authorized to regulate subdivision plats and approve related permits within the ETJ of that
municipality; and
WHEREAS, it is in the best interests of the citizens of Kerr County for the County and
the City to cooperate in the provision of governmental services where such cooperation will
result in more efficient services; and
WHEREAS, the City has duly identified to the County the City's ETJ as it presently
exists; and
WHEREAS, the City is willing to provide the resources necessary to regulate
subdivisions within its ETJ; and
WHEREAS, the County and the City now find it to be in the public interest to enter into
this Interlocal Cooperation Agreement wherein the City agrees to perform the governmental
functions described below as authorized by Sections 212.003 and 242.001 of the Texas Local
Governrnental Code;
NOW, THEREFORE, in consideration of the promises, covenants and agreements
contained herein, the County and City mutually agree as follows:
SECTION ONE. Duration of Agreement and Termination:
A. This Agreement shall be effective on the date that it is fully executed by both
parties and shall terminate on December 31, 2006. Thereafter, this Agreement shall
renew automatically for successive one (1) year periods commencing on January 1,
2007, unless notice of termination is given by either party as provided below. Both
parties anticipate participating in a periodic review, which may include revisions to
address any changed circumstances.
B. Notwithstanding the foregoing, this Agreement may be terminated by either party
by giving ninety (90) days' written notice of intent to terminate this Agreement to
the non-terminating party.
SECTION TWO. Grant of Authority: The County and the City enter into this Interlocal
Cooperation Agreement as defined in Section 242.001(d)(1) of the Texas Local Government
Code, whereby the County hereby grants to the City the exclusive authority to regulate
subdivision plats and approve related permits within the City's ETJ. Pursuant to this Agreement,
the City is authorized to accept plat applications for tracts of land located within its ETJ, collect
municipal application fees and provide applicants one response indicating approval or denial of a
plat application in conformance with the City's subdivision regulations.
SECTION THREE. County Responsibilities:
A. The County shall not enforce its subdivision regulations within the ETJ of the City.
B. The County shall provide a copy of all proposed plats for subdivisions occurring
beyond the City's ETJ and within two (2) miles of the City's corporate boundaries
to the City for the City's review and comment. The County shall deliver said plats
to the City to allow the City enough time to review and comment prior to the
County's approval of the plat or where approval may occur by operation of law.
The County shall give due consideration to any comments received from the City.
C. The County shall deliver one (1) copy of all approved and recorded plats within the
area contemplated by Section Three (B) above to the City within ten (10) business
days of such recording.
SECTION FOUR City Responsibilities:
A. The City shall enforce its subdivision regulations within its ETJ.
B. The City shall provide a copy of all proposed subdivision plats within its ETJ to the
County for the County's review and comment. The City shall deliver said plats to
the County to allow the County enough time to review and comment prior to the
City's approval of the plat or where approval may occur by operation of law. The
City shall give due consideration to any comments received from the County.
However, this review process shall not be construed as limiting the City's authority
nor restoring or enhancing the County's authority to approve subdivision plats
within the City's ETJ.
C. The City shall deliver one (1) copy of all approved and recorded plats within the
City's ETJ to the County within ten (10) business days of such recording.
D. The City shall review the County's rural subdivision regulations as such exist on the
date of execution of this Agreement. During the review, the City, in accordance
with state law, shall invite public input regarding the proposed changes. Following
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such review, but in no case later than June 30, 2006, the City shall seek to adopt and
implement changes to its subdivision regulations where said regulations are
significantly different from the County's regulations.
E. On or before December 31, 2006, the City shall provide a written report to the
County regarding the City's regulation of subdivisions within the ETJ. Such report
shall include the City's estimated population at the time of the report and an
approximate time period that the City projects that its ETJ will expand beyond one
(1) mile.
SECTION FIVE. Aoalicability: The obligations and undertakings of each party to this
Agreement shall be applicable within the City's ETJ. The City's ETJ presently exists as that
unincorporated area that is contiguous to the corporate boundaries of the City and that is located
within one (1) mile of those boundaries. The City shall notify the County of any expansion or
reduction of the City's ETJ.
SECTION SIX. Miscellaneous Provisions:
A. Any notice required or permitted to be given hereunder shall be given in writing
and shall be delivered to the following addresses of the respective parties via hand
delivery or first class, prepaid mail:
County: Kerr County, Texas
Attention: County Judge
Kerr County Courthouse
700 Main Street
Kenville, Texas 78028
City: City of Kerrville
Attention: City Manager
800 Junction Highway
Kerrville, Texas 78028
B. This Agreement supersedes all written or oral representations of the parties as to the
content, obligations or performance of the provision of subdivision regulation by
the City within the City' ETJ. The Agreement constitutes the entire agreement
between the County and the City. Any modification to this Agreement shall be of
no force or effect unless in writing and signed by both parties. Each party hereto
certifies that the covenants and obligations stated in this Agreement constitute the
duly authorized act and agreement of the respective entity and that the persons
affixing their signatures below have obtained all requisite approvals for the
execution of this Agreement.
C. If any provision of this Agreement is found to be invalid, illegal or unenforceable,
such invalidity or unenforceability shall not affect the remaining provisions of this
Agreement.
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D. The validity of the Agreement and any of its terms or provisions, as well as the
rights and duties of the parties, shall be governed by the laws of the State of Texas.
Exclusive venue for any action concerning this Agreement shall be in Kerr County,
Texas.
E. Neither party may assign any right under this Agreement, and any purported
assignment will be null and void and a breach of the Agreement.
F. Notwithstanding any provision to the contrary, it is agreed that none of the
obligations contained within this Agreement shall run to or be enforceable by any
party other than a party to this Agreement.
G. Pursuant to Section 242.001(c) of the Texas Loca] Government Code, the County
and the City hereby certify that this Agreement complies with the requirements of
Chapter 242 of the Texas Local Government Code.
H. This Agreement may be executed in multiple counterparts, each of
constitutes an original. ~e
EXECUTED on the a ~ day of December , 2005.
CITY OF KERRVILLE, TEXAS
KERR COUNTY,
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Euge C. Smith, Mayor ~ -Pat Ti'nrey, udge
ATTEST:
ATTEST:
Gr
Bren a G. Craig 'ty Clerk annett Pieper, County Clerk
APPROVED AS TO FORM: APPROV AS TO FORM:
Michael C. Hayes, Ci Attorney ex Emerson, County Attorney
u:\IegalWlanning\subtlivismn\wunty agreemenlNnterbcal agreenrent_aubtlivison regulation within etj_120805.tloc
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