ORDER NO.29749
AMEND INTERLOCAL AGREEMENT RELATED TO SUBDIVISION
REVIEW/APPROVAL ON ETJ TO ALLOW EXTENSION OF TIME FOR
CITY TO AMEND ITS SUBDIVISION REGULATIONS
Came to be heard this the 26th day of June, 2006, with a motion made by
Commissioner Letz, seconded by Commissioner Williams. The Court
unanimously approved by vote of 3-0-0 to:
Extend the deadline under the Interlocal Agreement related to subdivision
review in the ETJ from the City to make some review of its rural rules until
September 30, 2006, and the City provide a resolution stating same.
t~97y9
~/~ COMMISSIONERS' COURT AGENDA REOUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: !"Av4/t'~EN~,~S
I~~Ar2'rp,t OF I,F/rIOPM~'.vT SFR/ICCS
C,rv o+p Kr/a12//tca
MEETING DATE:
Jv.vc`LL~ 2eoG
OFFICE:
TIME PREFERRED:
SUBJECT: `~ ~~
~~vfs1~ 76 amwY,, twMr~pP. ~a~r~a»+n/e.~rr'~~+a~'b Sv~el~v,sl~~ re vi•..la/p~-aus ~„ ~e ~`Tr
~o u «aw v« a r~er f,un D ~ ~+„+` Y+r ~e C',~y ~ aw+evt , ~s 5v ~c%u,s,w~ red v ~~ ~n~s
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
No
NAME OF PERSON ADDRESSING THE COURT: ~AUC ~"ttt/Q2e5
ESTIMATED LENGTH OF PRESENTATION:
Z Iry~nv~~5
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure 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:
a~
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
A-F~a~a~ w~~+ YA'VAb~ IS
f~	C,~17	S~G.l.~,~~o~f 1'w	t/~i.e C',~ Covnc,c oyer~a
(~
"	/~
Cn~7	/~ /
a~" la ~wlars ~	/
a'se~rna71 .
rte.
r r„F r;,n o=
KERRVILLE, TEXAS ~~
PAUL MENZIES
Directorof Development Services J City Planner
800 JUNCTION HIGHWAY •KERRVILLE, TEXAS 78028-5069
FHONE 830752-8351 FAX 83089E OSt7
Email. paulm~akerrmlle orq
Website, www.kerrville.orq
BUSINESS OF THE CITY COUNCIL
CITY OF KERRVILLE, TEXAS
SUBJECT: Consideration of a Resolution -Subdivision Auth
Extraterritorial Jurisdiction (ETJ) -Consideration of a request to amend
the interlocal agreement between Kerr County and the City of Kerrville as
related to the review and approval of subdivisions in the extraterritorial
jurisdiction (ETJ). Applicant: Paul Menzies, Director of Development
Services/City Planner.
FOR AGENDA: June 27, 2006
DATE SUBMITTED: June 19, 2006
SUBMITTED BY: Paul Menzies. Director of
Development Services/City Planner s
EXHIBITS: Resolution, interlocal agreement
APPROVED FOR SUBMITTAL BY CITY MANAGER:
Project Timeline
• November 8. 2006 -The City Council directed the City Manager to begin discussions
with the appropriate County representatives in order to bring forth an agreement for
approval.
• December 12 2006 -Kerr County Commissioner's Court approves interlocal agreement
with City; agreement essentially assigns the City of Kerrville sole review and approval
authority of subdivision plats in the ETJ.
• December 13. 2006 -City Council approves interlocal agreement previously approved
by Kerr County.
• June 26.2006 -Commissioner's Court scheduled to consider amendment to
interlocal agreement allowing extension of time for City to amend itsrural
subdivision standards to better "match up" with the Kerr County regulations.
• June 27, 2006 -City Council scheduled to consider amendment to interlocal
agreement.
Summary/Staff Recommendation
The above described interlocal agreement requires that, before July 1, 2006, the City amend the
"rural" standards in its subdivision ordinance to better reflect the Kerr County regulations,This
past April, City staff presented those proposed amendments to the Hill Country Home Builders
Association (HCHBA) in order to seek comments and a recommendation. The HCHBA has
recently requested additional time for review and preparation of a recommendation; hence, City
staff is requesting of both the Commissioner's Court and the City Council an extension of this
deadline until October 1, 2006.
RECOMMENDED ACTION
Approval of the resolution amending the interlocal agreement related to subdivision review and
approval in the ETJ.
City of Kerrville Development Services Department- www.kerrville.orp
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 o~
day of December, 2005.
WHEREAS, the Texas Legislature modified Section 242.001 of the Texas Local
Govemment 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 govemmental
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 governrental 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
Governmental 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.
Appro:~ed t;~y Cii,y ~outlcil
Oate: ~ece w-17cX 13, ~ow~
Voluma 3~'r'aga 443
Rewlv~i ov1
n.,~~~~ ~
No .lax-~txv

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. Graut 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
azea 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
2
/) '~ rl/l C ' 7d-
such review, but in no case later than June 30, 2006, the City shall seek to adopt and
implement changes to its subdivision re'~gua iontl s 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 regazding 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. Aaalicability: 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 azea 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: Ken County, Texas
Attention: County Judge
Kerr County Courthouse
700 Main Street
Kerrville, 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.
3

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 Local 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 which
constitutes an original.
o~~~g\ONERgCO~'9
EXECUTED on the o'l~ day of December , 2005.
v~
CITY OF KERRVILLE, TEXAS
l
Eu a C. Smith, Mayor
ATTEST:
Brenda G. Crai ity Cler `
APPR~,O~VGED ~,S TO FORM:
~~~~"" . -t[/
c
Michael C. Hayes, C~ y Attorney
KERR COUNTY,
ATTEST:
~; { y
~9~~~}~-
melt Pieper, County Cler
APPROVED AS TO FORM:
merson, County Attorney
u:Vegalblanninglsubtlivisionkounty aBreementtinteilocal agreenpnt_subJiNSian regulation vntbin etL120BO5.tloc