ORDER NO. 29944
INTERLOCAL SUBDIVISION ETJ AGREEMENT WITH CITY OF
INGRAM
Came to be heard this the 25th day of September, 2006, with a motion made
by Commissioner Williams, seconded by Commissioner Nicholson. The
Court unanimously approved by vote of 4-0-0 to:
Approve the Interlocal Subdivision ETJ Agreement with the City of Ingram.
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1 r ) COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT.
MADE BY: Rex Emerson OFFICE: County Attorney
MEETING DATE: September 25, 2006 TIME PREFERRED:
SUBJECT: Consider, discuss and approve Interlocal Subdivision ETJ Agreement
with City Of Ingram.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Rex Emerson, Leonard Odom
ESTIMATED LENGTH OF PRESENTATION: 5 minutes
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:
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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. Yaur cooperation will be appreciated and contribute towards you request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
Page 1 of 1
Barbara Holmes
From:	Danny Edwards [danlana@omniglobal.net]
Sent:	Friday, September 08, 2006 2:48 PM
To:	Barbara Holmes
Subject: Interlocal agreement
Barbara: Rex left me a messgage for a change in Section One A. The change has been made. Tell him
"Thanks" for catching it. There's nothing other than format changes on the other pages, justification.
Will get the executed copy to you soon as the Mayor signs.
Thank you for your able assistance.
Danny
9/8/2006
#29944
INTERLOCAL COOPERATION AGREEMENT BETWEEN KERR COUNTY AND
THE CITY OF INGRAM FOR REGULATION OF SUBDIVISIONS WITHIN THE CITY
OF INGRAM'S EXTRATERRITORIAL JURISDICTION
This Interlocal Cooperation Agreement ("Agreement") is made by and entered into
between Kerr County, Texas, ("County") and the City of Ingram, Texas ("City"), on the
day of September, 2006
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, ii 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
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 one year from date of execution. Thereafter, this Agreement shalt renew
automatically for successive one (1) yeaz periods, unless notice of termination is given
by either parry 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-
terrninating parry.
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SECTION TWO. Grant of Authoritv: 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. Countv 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 one-half (112) mile 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 not less than twenty-one (21Z days 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 ET7.
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 Road and Bridge Department to allow the County not less than twenty-one (21)
days 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 such review,
but in no case later than October 31, 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, taking into consideration the differences in authority
granted by statutes to cities and counties respectively.
2
E. On or before November 30, 2006 the City shall provide a written report to the County
regarding the City's regulation of new subdivisions within the ETJ
SECTION FIVE. Anulicability: 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-half (1/2) mile of those boundaries. The City shall notify the County of any expansion
or reduction of the City's ETJ.
SECTION SIX. Miscellaneous urovisions:
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
Ken County Courthouse
700 Main Street
Kerrville, TX 78028
City: City of Ingram
Attention: Mayor
230 Highway 39
Ingram, TX 78025
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's 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.
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 be 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.
EXECUTED on the dates below set forth.
CITY OF INGRAM, TEXAS
Howard Jackson, Mayor
Date: Sentember 5, 2006
ATTEST:
Jannell Bullock, City Secretary
KERB COUNTY, TEXAS
.~
P t inley, County Judge
Date: Z , 2006
ATTEST:
u '~ _
Jannett Pieper, County Clerk
APPROVED AS TO FORM:
Danny Edwards, City Attorney
APPROVED
R . Emdrson, Kerr County Attorney
12!07/06 TnU 14:55 FAS 18303673175 CITY OF INGRAhf
F. Notwithstanding any provision to be 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 au
original.
EXECUTED on the dates below set forth.
C~ITYnO~F^INGRAM, TEXAS
`~J~
Howar Jac on, Mayor
Date: September 5.2006
ATTEST:
u
~annell Bulloc c, City Secretary
APP~E~El~ AS ~ FORM:
Danny w ds, City Attorney
KERR COUNTY, TEXAS
Pat Tinley, County Judge
Date:
ATTEST:
2006
Jannett Pieper, County Clerk
APPROVED AS TO FORM:
Rex Emersott, Ken County Attorney
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