R2008-023 2008-02-11RESOLUTION NO. R2008-23
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.
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 an interlocal agreement with Brazoria County.
PASSED, APPROVED and ADOPTED this the 11th day of February, A.D., 2008.
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM RE
MAYOR
Exhibit A
R2008-23 08-0012
THE STA'T'E OF TEXAS
COUNTY OF BRAZORIA
AMENDED INTERLOCAL AGREEMENT CONCERNING
THE REGULATION OF SUBDIVISION PLATTING
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 Mayor (hereinafter "CITY").
NOW THEREFORE, THE COUNTY AND CITY agree as follows:
1.0 COUNTY and CITY previously entered into an interlocal
agreement concerning the regulation of subdivision platting. Prior to that
agreement, COUNTY regulated the platting of subdivisions in the area
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.
1.1 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.
1.2 Pursuant to Texas Local Government Code §242(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 shown 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.
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 COUNTY and CITY shall meet
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and determine the location, extent, and limits of CITY'S extraterritorial
limit.
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, if any, which is located in Brazoria County,
Texas.
1.4 If 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 or request COUNTY'S assistance, then
COUNTY can seek appropriate legal relief to enforce this Agreement or
enforce its own subdivision regulations against the developer/owner
through legal relief or other means necessary to complete the platting
process.
1.5 The COUNTY will be responsible for enforcing Federal
Emergency Management Agency (FEMA) Regulations, On Site Sewage
Facility (OSSF) Regulations promulgated by the Texas Commission on
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Environmental Quality and issuing FEMA and OSSF permits, where
applicable, in the area described in Exhibit "A".
1.6 The CITY shall provide two 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 'a paper copy of the recorded plat upon
recording by the COUNTY Clerk for the area described in Exhibit "A" to
the COUNTY Engineer, COUNTY Flood Plain Administrator and the
COUNTY Environmental Health Department.
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 preliminary plat has been received by the CITY. The
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.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 extraterritorial jurisdiction of another city -the
COUNTY agrees that CITY shall not be responsible for any of the
obligations set forth in this Agreement with respect to such area. In such
case, CITY agrees to notify the COUNTY so that this Agreement may be
amended accordingly.
1.11 This Agreement shall take effect and be in force from and after the
date of the last signature to be affixed hereto as indicated below.
1.12 This Agreement is being executed in duplicate, one .of which shall
be retained by each party and each of which shall be treated as an
original.
Signed this iithday of February ,xMaax 2008.
BRAZORIA COUNTY, TEXAS CITY OF PE • • $ , TEXAS .
Brazoria County Judge
By: Tom Reid
Mayor
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City of Pearland
City Limits & ETJ
Major_Roads
Ell City Limits
ETJ
1 inch equals 1 miles
0 0.25 0.5 1 1.5
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1010 AMP HAS BEEN PRODUCED FROM VARIOUS SOURCES
EVERY EFFORT HAS BEEN MADE TO ENSURE THE ACCURACY
OF THIS MAP. HOWEVER. TFE CITY OF PEARLAND ASSUMES
NO LIABILITY OR DAMAGES DUE TO ERRORS OR OMISSIONS.
MAP PREPARED ON: JANUARY 2007
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