R-2016-219 2016-11-28RESOLUTION NO. R2016-219
A Resolution of the City Council of the City of Pearland, Texas,
authorizing the City Manager or his designee to enter into an Amended
Interlocal Agreement with Brazoria County concerning the regulation of
Subdivision Platting.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Amended Interlocal Agreement by and between the City
of Pearland and Brazoria County, a copy of which is attached hereto as Exhibit "A" and
made a part hereof for all purposes. is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest an Amended Interlocal Agreement with Brazoria County.
PASSED, APPROVED and ADOPTED this the 28th day of November, A.D., 2016.
ATTEST:
APPROVED AS TO FORM:
•
DARRIN M. COKER
CITY ATTORNEY
6/01CIRC-L)
TOM REID
MAYOR
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Resolution No. R2016-219
Exhibit "A"
THE STATE OF TEXAS
COUNTY OF BRAZORIA
AMENDED INTERLOCAL AGREEMENT CONCERNING
THE REGULATIONS OF SUBDIVISION PLATTING
WHEREAS, this Agreement is made at Angleton, Brazoria County, Texas between
BRAZORIA COUNTY, TEXAS acting through its Commissioners' Court (hereinafter
"COUNTY"), and THE CITY OF PEARLAND, 'TEXAS, acting through its City Council
(hereinafter "CITY") in accordance with the provisions of the Interlocal Cooperation Act,
Chapter 791, Texas Government Code, and Chapter 242, Texas Local Government code.
WHEREAS, COUNTY and CITY previously entered into an interlocal agreement
concerning the regulation of subdivision of property. Prior to that agreement, COUNTY
regulated the subdivision of property in the arca located outside of the city limits of the various
municipalities Located within the COUNTY pursuant to Texas Local Government Code
§§232.001-232.005. No part of the COUNTY is located within the extraterritorial jurisdiction of
a municipality which has a population exceeding 1.9 million people. COUNTY is not located
within 50 miles of an international border and is not subject to the provisions of Texas Local
Government Code, Subchapter C, Chapter 232.
WHEREAS, COUNTY and CITY wish to amend the interlocal agreement pursuant to
Texas Local Government Code §242.001(c) concerning the regulation of subdivisions located
within the CITY's extraterritorial jurisdiction in order to clarify each parties responsibilities and
obligations.
NOW THEREFORE, THE COUNTY AND CITY agree as follows:
I. CITY Granted Exclusive Jurisdiction. CITY shall be granted exclusive jurisdiction to
regulate all subdivision and platting of property and related permits (collectively, "Platting"), except as set
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forth below in the County's Responsibilities, within its ETJ and may regulate the Platting of property
under Subchapter A and B of Chapter 212 of the Texas Local Government Code and other statutes
applicable to municipalities, and COUNTY shall no longer exercise any of these functions within
CITY'S ETJ. For purposes of this Agreement, it is understood by the Parties that CITY will not
require development plats, as authorized by Subchapter B of Chapter 212, for single family
residential development in the ETJ, and the requirement for development plats shall be limited to
commercial and/or multi-family developments in the ETJ.
a CITY'S ETJ. For the purposes of the Agreement, CITY's ETJ is defined as the area
within five (5) miles outside the municipal city limits, pursuant to Chapter 42 of the Texas Local
Government Code, and as that area as shown on CITY's official boundary map, which is attached
hereto as Exhibit "A", and incorporated herein by reference as a part of this Agreement; provided, however,
COUNTY expresses no opinion regarding which city has exclusive jurisdiction to regulate the Platting of
property and approve related permits within the areas of the extraterritorial jurisdiction with competing
claims for such authority by more than one city.
b. ETJ Expansion or Reduction. Should CITY expand or reduce its ETJ, CrTY shall
promptly notify COUNTY of such expansion or reduction so that this Agreement may be amended to reflect
the expansion or reduction in CITY's ETJ. Both CITY and COUNTY agree that CITY shall continue to be
granted exclusive jurisdiction to regulate the Platting of property and approve related permits in its ETJ,
under Subchapter A and B of Chapter 212 of the Texas Local Government Code and other statutes
applicable to municipalities, until this Agreement is amended to take into account such ETJ expansion or
reduction.
c. The parties agree that in the event Exhibit "A" no longer properly reflects the
extraterritorial limits of CITY or is in some manner inadequate, the respective engineers of
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COUNTY and CITY shall jointly determine the location, extent, and limits of CITY'S
extraterritorial limit.
II. COUNTY'S Retulatory Authority. Pursuant to Texas Local Government Code
§242.001(d), COUNTY shall have the exclusive jurisdiction in the following matters:
a. Regulate Platting and approve related permits in geographically apportioned areas
separately agreed upon by the Cf1 Y and COUN'T'Y.
b. Regulate the construction of any and all roads located within a subdivision of
property that will be located within CITY's ETJ, including but not limited to, planning, review,
construction, bonding, inspection and acceptance of any newly constructed road or street.
COUNTY authority shall also apply to the improvement, removal, relocation, or abandonment of
any existing road or street in CITY's ETJ. COUNTY'S oversight of roads shall be performed
using the most current and applicable construction standards adopted by COUNTY. For roads,
the construction of which are governed by a development agreement between CITY and a
developer, COUNTY and CITY shall jointly coordinate and cross-reference construction
standards to verify that the roads are constructed to meet or exceed COUNTY standards.
c. COUNTY and CITY agree to cooperate by implementing consistent 9-1-1
addressing standards designed to assist emergency responders in the ETJ.
d. Regulate all building permits in City's E1 J required for enforcement of Federal Emergency
Management Agency (FEMA) Regulations and flood control in coastal counties pursuant to Texas Local
Government Code 240.901 and Brazoria County Building Regulations Required by the National Flood
Insurance Act. County agrees to inform all permit applicants for new residential construction of single family
or duplex housing of their requirement (under Local Government Code, Section 233.153 (c), Building Code)
to comply with the building code standards adopted by CITY.
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e. Regulate all permitting and enforcement of On Site Sewage Facility (OSSF) Regulations
promulgated by the Texas Commission on Environmental Quality, where applicable, in the area
described in Exhibit "A".
III. Comments by COUNTY. CITY agrees to require persons submitting Plats to
provide two paper copies of proposed Plat and proposed construction drawings of improvements to
the COUNTY Engineer upon submittal of Plat to enable COUNTY to comment on any proposed road
improvements, setback requirements, potential thoroughfare encroachment, culvert requirements, and
appropriate entrance separation distances prior to CITY providing final acceptance of the Plat.
Requirement for two paper copies may be changed without further amendment to this Agreement to reflect
future COUNTY electronic review requirements.
IV. Acceptance of Roads to COUNTY System. CITY recognizes that roads which do
not meet or exceed the standards established by COUNTY may not be accepted into the
COUNTY road system. COUNTY shall be named as obligee on any construction or
performance and maintenance bonds required of a subdivision developer constructing
improvements in the area of the extraterritorial jurisdiction described in Exhibit "A" if the road is
to be accepted by COUNTY, and CITY will require Developer to provide COUNTY with any
required road bonds.
V. Copies of Documents to COUNTY. CITY agrees to provide an electronic copy of
recorded plats to the County Engineer and County Flood Plain Administrator.
VI. Entire Agreement. This Agreement expresses the entire agreement between the parties
hereto regarding the subject matter contained herein, and may not be modified or amended, except by
written agreement duly executed by both parties.
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VII. Authority to Execute. This Agreement has been duly and properly approved by each
party's governing body and constitutes a binding obligation on each party.
VIII. Venue. This Agreement shall be construed in accordance with the laws of the State of
Texas and venue for all purposes hereunder shall be in Brazoria County, Texas.
IX. Notice. Any notice hereunder shall be given in writing to the party for whom it is intended,
in person or by certified mail, return receipt requested, at the following addresses or at such future address as
may be designated in writing:
IftoCITY: City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Attn: City Manager
IftoCOUNTY: Brazoria County
Brazoria County Courthouse
111 E. Locust, Suite 102A
Angleton, Texas 77515
Attn.: County Judge
Notice shall be deemed received upon actual receipt or upon refusal of receipt.
X. Severability. If any provisions hereof are determined by any court of competent
jurisdiction to be invalid, illegal, or unenforceable, such provision shall be fully severable from and this
Agreement shall be construed and enforced as if such invalid, illegal, or unenforceable provision never
comprised a part hereof; and the remaining provisions shall continue in full force and effect.
XI. Waiver. This Agreement is not intended to extend the liability of the parties
beyond that provided by law. Neither CITY nor COUNTY waives any immunity or defense that
would otherwise be available to it against claims by third parties.
XII. Effective Date. This Agreement shall become effective as of 4/01/ /Z , 2016.
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B COUNTY, TEXAS
By: L.M. "Matt" ebe ta, Jr.
Brazoria County Judge
CITY OF PEARLAND, TEXAS
Jon Branson
Deputy City Manager
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