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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REOUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Commissioner Letz
MEETING DATE: July 13, 2009
OFFICE: County Commissioner
TIME PREFERRED:
SUBJECT: Consider, discuss and take appropriate action on reviewing status of
interlocal agreement with City of Kerrville concerning subdivision rules and regulations
in the ETJ.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Comm. Letz
ESTIMATED LENGTH OF PRESENTATION:
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 PM previous Tuesday
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
@ .M.
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.

July 10, 2009
CITY OF KERRVILLE
OFFICE OF THE CITY MANAGER
800 Junction Highway
Kerrville, Texas 78028
830-257-8000 / www.kerrvilletx.gov
Honorable Judge Tinley and Kerr County Commissioner's Court:
At its workshop meeting on July 1, 2009, the Kerrville City Council met to discuss its
position on the issues currently under discussion with representatives of the Kerr County
Commissioners Court regarding the re-establishment of the state mandated Interlocal
Agreement regarding platting responsibility in the Kerrville Extra-Territorial Jurisdiction.
Council reached consensus on the following:
1) Provided to the County from its acceptance a map depicting a line of
demarcation defines the authority of the City and the County to be used as a
basis of for a revised Interlocal Agreement. That line is based on the follow
rationale:
o Existing ETJ line
o Adopted Water/Waste Water Master Plan
o Existing non-City CCNs
o Line proposed by the County in negotiation
o Physical and manmade barriers
o Development potential
That draft map is attached.
2) Provide to the County a draft Interlocal Agreement for consideration by the
County Commissioner's Court that establishes a line of demarcation as defined
by the proposed alternative line depicted on the attached map, and provides
direction for the application of City and County regulations in appropriate areas.
That draft agreement is attached.
Absent agreement to these two proposed documents the City of Kerrville recommends
the re-adoption of the existing ETJ as the line of authority and the adoption of an update
version of the recently terminated Interlocal Agreement.
We look forward to working with you to finalize a revised interlocal agreement.
Sincerely,
odd P rt n
City Manager
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
day of , 2009.
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, both the City and County are willing to provide the resources necessary to
regulate subdivisions within the ETJ as it presently exists and within those apportioned areas
identified on the map found at Exhibit A; 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 and County agree 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 later on , 2010. Thereafter,
this Agreement shall renew automatically for four (4) successive one (1) year
periods commencing on , 2010, unless notice of termination is
given by either party as provided below. This Agreement is limited to five (5) one
(1) year periods. Both parties anticipate participating in a periodic review, which
may include revisions to address any changed circumstances, including the possible
expansion of the ETJ from one (1) to two (miles).
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. Where the Agreement is terminated by either party, the
parties agree that the parties shall immediately commence arbitration, as specified
by Section 242.0015 of the Texas Local Government Code.
SECTION TWO. Apportioned Authority: The County and the City enter into this Interlocal
Cooperation Agreement as defined in Section 242.001(d)(3) of the Texas Local Government
Code, whereby the City and County have apportioned the area within the ETJ of the City, as
depicted on the map attached as Exhibit A, with the City regulating subdivision plats and
approving related permits in the area assigned to the City and the County regulating subdivision
plats and approving related permits in the area assigned to the County. Pursuant to this
Agreement, both the City and County are authorized to accept plat applications for tracts of land
located within its apportioned areas of the ETJ, collect application fees, and provide applicants
with one response indicating approval or denial of a plat application in conformance with the
subdivision regulations applicable to the apportioned areas.
SECTION THREE. County Authority and Responsibilities:
A. The County shall enforce its subdivision regulations within the apportioned areas of
the ETJ of the City, said areas as depicted on the map attached as Exhibit A.
B. In carrying out its authority under this Agreement, the County shall not lessen any
subdivision regulation or public improvement specification of the City applicable to
subdivisions occurring within the ETJ. In addition, the County may not waive or
grant any type or degree of variance as to the City's thoroughfare plane or public
improvement design specifications unless written approval is provided by the City.
C. With the exception of administrative fees relevant to plat review, the County is
required to collect any required fees of the City. The County shall account for any
such fees and remit full payment of the fees to the City within thirty (30) days of its
collection.
D. The County shall provide a copy of all proposed plats for subdivisions occurring
within its apportioned area of the City's ETJ as depicted on the map attached as
Exhibit A 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 and to
inspect and approve public improvements prior to the County's approval of the plat
or where approval may occur by operation of law. The City in turn shall provide its
review and return the plat, or comments if any, to the County within ten (10) days.
The County shall give due consideration to any comments received from the City.
E. The County shall deliver one (1) copy of all approved and recorded plats within the
apportioned area as depicted on Exhibit A to the City within ten (10) business days
of such recording.
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F. If a property owner is located within an apportioned area subject to County
subdivision authority but is seeking water or wastewater services from the City, any
such plat shall be subject to the City's subdivision regulations and the County shall
not enforce its subdivision regulations.
SECTION FOUR. City Authority and Responsibilities:
A. The City shall enforce its subdivision regulations within its ETJ, with the exception
of those apportioned areas that the County will regulate, said apportioned areas as
depicted on Exhibit A.
B. In carrying out its authority under this Agreement, the City shall not lessen any
subdivision regulation or public improvement specification of the County
applicable to subdivisions occurring within the ETJ, including road design or on-
site sewage facilities (septic systems).
C. With the exception of administrative fees relevant to plat review, the County is
required to collect any required fees of the City. The County shall account for any
such fees and remit full payment of the fees to the City within thirty (30) days of its
collection.
D. 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
County in turn shall provide its review and return the plat, or comments if any, to
the City within ten (10) days. The City shall give due consideration to any
comments received from the County.
E. 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.
SECTION FIVE. Applicability: 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:
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County: Kerr 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.
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.
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EXECUTED on the day of
CITY OF KERRVILLE, TEXAS
Todd A. Bock, Mayor
ATTEST:
Brenda G. Craig, City Clerk
APPROVED AS TO FORM:
Michael C. Hayes, City Attorney
2009.
KERR COUNTY, TEXAS
Pat Tinley, Judge
ATTEST:
Jannett Pieper, County Clerk
APPROVED AS TO FORM:
Rex Emerson, County Attorney
L:1Legal\DEVELOPMENT SERVICES (planning)\Subdivision Regulations\County Agreement\Inlerlocal Agreement_subdivision regulation within ETJ 070609 REDLINED.doc
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