R2002-0064 04-22-02 RESOLUTION NO. R2002-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA COUNTY
FOR THE REGULATION OF SUBDIVISION PLATTING WITHIN THE
CITY'S EXTRATERRITORIAL JURISDICTION.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain 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 the interlocal agreement with Brazoria County for the
regulation of subdivision platting within the City's extraterritorial jurisdiction.
PASSED, APPROVED and ADOPTED this the__ ,
A.D., 2002.
ATTEST:
TY S~CRETAR'~
APPROVED AS TO FORM:
DA-~I~IN M. COKER
CITY ATTORNEY
22 dayof April
MAYOR
Exhibit "A"
R2002-64
THE STATE OF TEXAS
COUNTY OF BRAZORIA
INTERLOCAL AGREEMENT CONCERNING
THE REGULATION OF SUBDIVISION PLATTING
This agreement is made at Angleton, Brazoria
BPO~ZORIA COUNTY, TEXAS acting through its
(hereinafter "County"), and THE CITY OF PEARLAND, TEXAS, acting through
its Mayor (hereinafter "City").
NOW THEREFORE, THE COUNTY AND CITY agree as follows:
1.0 County presently regulates the platting of subdivisions in the area located
outside of the city limits of the various municipalities located v¢ithin 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 fifty
miles of an international border and is not subject to the provisions of Texas Local
Government Code Subchapter C, Chapter 232.
1.1 County and City wish to enter into an interlocal agreement pursuant to
Texas Local Government Code §242.001 (c) concerning the regulation of
subdivisions located within the City's extraterritorial jurisdiction.
County, Texas between
Conm-dssioner's CoUrt
1.2 Pursuant to Texas Local Government Code §242.001(d)(1) the City shall
have exclusive jurisdiction to regulate plats and approve related permits in that
part of the extraterritorial jurisdiction set out in Exhibit "A" attached hereto and
incorporated herein by, reference; provided, however, that the County expresses no
opinion regarding which city has exclusive jurisdiction to regulate Platting and
approve related permits in the areas of 'the extraterritorial jurisdiction with
competing claims for such authority by more than one city. With respect to the
portion of the extraterritorial jurisdiction shoxvn in Exhibit "A", the City may
regulate subdivisions pursuant to Chapter 212 of the Texas Local Government
Code and the City's ordinances and regulations..
1.3 Pursuant to Texas Local GoVernment Code §242.001(d)(1) the County
shall have exclusive jurisdiction to regulate subdivision plats and approve related
permits in the remaining portion of the City's extraterritorial jurisdiction which is
located in Brazoria County, Texas.
1.4 If the County determines that the City is not applying its subdivision
regulations in the area described in Exhibit "A", the County shall give written
notice to. the City of such noncompliance. If the City does not respond by
enforcing its subdivision regulations within a reasonable time, then. the County
can seek appropriate legal relief to enforce this agreement.
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1.5 The City will be responsible for enforcing federal emergency management
agency regulations and onsite sewage regulations promulgated by the Texas
Natural Resources Conservation Commission, where applicable, in the area
described in Exhibit "A".
1.6 The City shall provide two blue line or black line paper copies of approved
construction drawings of improvements to the County Engineer for the area
described in Exhibit "A".
1.7 The City shall provide the County Engineer with one reproducible copy on
stable base film of the recorded plat upon recording by the County Clerk for the
area described in Exhibit "A".
1.8 The City recognizes that roads which do not meet or exceed the standards
established by the County may not be accepted into the county road system. The
County and City shall be named as joint obligees 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".
1.9 Within ten (10) working days of receipt of a preliminary plat for a
subdivision requiring construction of road(s) or street(s) within the area described
in Exhibit "A" the City shall provide written notice to the County that such
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preliminary plat has been received by the City. The written notice shall include
the general location of the subdivision and the name and address of the developer.
1.10 If it.is later determined that any part of the area shown in Exhibit "A" is the
exclusive extraterritor, ial jurisdiction of another
Pearland shall not be responsible for any of the
city the County agees that
obligations set forth in this
Agl'eement with respect to such area. In such case Pearland agrees to notify the
County so that this Agreement may be amended accordingly.
Signed this 22 day of April ,2002.
BRAZe. TEXAS
Jo}~ii~ WiJ~y /
By: Braz°rTC0tunt] ~dge
CITY OF PEARLAND, TEXAS
B~: B~l'l"Eis-en, City Manager
Afe~: - /~r~ L,,~finb~
(.,,/ ~ CiW Se~reta~
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