Res 170-2003 12/16/2003RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH ARCHER, CLAY, AND WICHITA COUNTIES REGARDING
SUBDIVISION AND DEVELOPMENT REGULATIONS WITHIN THE
EXTRATERRITORIAL JURISDICTION AREA OF THE CITY OF WICHITA
FALLS, TEXAS; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, The State Legislature has amended Chapter 242 of the Local
Government Code to require agreements between cities and counties to regulate
subdivision development within Extraterritorial Jurisdiction areas outside of the City
boundaries -land
WHEREAS, the City Council wishes to continue enforcement of the Subdivision
and Development Regulations as included in the Municipal Code of Ordinances within
its Extraterritorial Jurisdiction areas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to execute agreements with
the counties of Archer, Clay, and Wichita for the regulation of subdivisions and
development within the City's Extraterritorial Jurisdiction areas. Such Agreement shall
substantially be in the form as attached as Exhibit A.
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 16th day of December, 2003.
MAYOR
A-r,TEST-
t\ , � �'
�) 00,o,
City Clerk
STATE OF TEXAS §
COUNTY OF WICHITA §
KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT is made and executed in duplicate by and between the City
of Wichita Falls, Texas, P. O. Box 1431, Wichita Falls, Texas Ci
( ty ), and the County of
Wichita, Texas ("County")
900 Seventh St., Wichita Falls, TX, 76301.
WITNESSETH:
I. RECITALS
WHEREAS, the regulation of subdivisions of property is a governmental function
as set forth in Chapters 212 and 232 of the Texas Local Government Code; and,
WHEREAS, pursuant to chapter 212 of the Texas Local Government Code, the
City has statutory authority to adopt rules governing plats and subdivisions of
land both within the limits and in the extraterritorial jurisdiction of the municipality;
and,
WHEREAS, pursuant to Chapter 232 of the Texas Local Government Code, the
County has statutory authority to adopt rules governing plats and subdivisions of
land in the areas of the county lying outside the limits of a municipality, including
the area within the extraterritorial jurisdiction of a municipality, and,
WHEREAS, the City of Wichita Falls has adopted and enacted Appendix A of
the Code of Ordinances of the City of Wichita Falls to regulate development
within the City and the Extraterritorial Jurisdiction as authorized under Chapter
212 of the TEXAS LOCAL GOVERNMENT CODE; and
WHEREAS, Chapter 242 of the Texas Local Government code prohibits
requiring a person who intends to subdivide land within the extraterritorial
jurisdiction of a municipality to submit plats to and obtain related permits from
both the municipality and the county, and
WHEREAS, Chapter 242 of the Texas Local Government code further requires
certain counties and municipalities to execute a written agreement that identifies
the government entity authorized to regulate subdivision plats and approve
related permits in the extraterritorial jurisdiction.
NOW, THEREFORE, in consideration of the mutual benefits to be derived from
this Agreement and of the representations, warranties, covenants, and
conditions contained herein, the parties agree as follows:
2. AGREEMENT
2.1 The County and the City agree that the City is hereby authorized to exercise
exclusive jurisdiction to regulate subdivision plats and approve related permits in
the extraterritorial jurisdiction of the City in accordance with Appendix A of the
City of Wichita Falls Code of Ordinances.
2.2 In consideration of this agreement, the City agrees that it will provide the County
with a copy of all current rules and regulations applicable to subdivision of
property within the City's extraterritorial jurisdiction, and further agrees that, if it
amends any rule or regulation pertaining to subdivision of property within its
extraterritorial jurisdiction, it will provide a copy of the amended rule or regulation
to the County.
2.3 In further consideration of this agreement, the City agrees that, if it receives any
application or request for a variance to a rule or regulation applicable to the
subdivision of property within its extraterritorial jurisdiction, it will give notice of
the application or request to the County and provide the County an opportunity to
comment on the application or request before consideration of the application or
request.
2.4 As required by Section 242.001 (c) of the Local Government code, the City
agrees to notify the County of any expansion or reduction in the City's
extraterritorial jurisdiction;
2.5 The City specifically agrees that, because it desires to have the authority to
regulate subdivisions within the extraterritorial jurisdiction of the City, the
authority to do so is adequate consideration for the performance of its obligations
under this agreement.
2.6 Upon City Council's approval of the final plat of each subdivision within the City's
extraterritorial jurisdiction, the City will provide the respective County
Commissioner with a duly signed copy of said plat.
2.7 Wichita County shall be granted exclusive authority and responsibility of the
maintenance of right-of-ways in all subdivisions within the extraterritorial
jurisdiction of the City. The City waives its right to reject any methods the County
utilizes in maintaining said right-of-ways within these extraterritorial jurisdictions.
2.8 The County agrees that, because it does not desire the responsibility of
regulating subdivision development within the extraterritorial jurisdiction, being
relieved of this responsibility is adequate consideration for its relinquishing of any
statutory right to do so.
2.9 This agreement does not extend the liability of the parties. Neither the City nor
the County waives any immunity or defenses available to it against claims made
by third parties.
3. TERM OF AGREEMENT
This agreement is for a period of one year and shall automatically renew for
successive one-year periods unless terminated as provided herein. Either party
to this agreement may terminate the agreement at the end of any term without
cause by notifying the other party not later than 45 days prior to the end of the
term. However, both parties understand and agree that the right to terminate this
agreement does not avoid the statutory duty of the County and City to have a
written agreement providing for subdivision regulation within the City's
extraterritorial jurisdiction.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
as of the month, day and year below written. It shall become effective upon the date
that both parties have signed the Agreement.
City o ita Falls, Texas
Si�afi a of Authorized Offi�l
Title" --
Date:
Attest:
v ►A/ I X (A J \.1 I lY./ V �V
City dlerk
Approved as to Form:
Bill Su livan, City Attorney
City of Wichita Falls
County of Wichita, Texas
Signature of Authorized Offic
V
Title a
Date: D 17E , ii b" - n doo
Attest:
IAX, / / , . /
o�///L-�c..
yClerk 4j,0
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESE-NTS:
COUNTY OF ARCHER §
THIS AGREEMENT is made and executed in duplicate by and between the City
of Wichita Falls, Texas, P. O. Box 1431, Wichita Falls, Texas ("City"), and the County of
Archer, Texas ("County"), 100 S. Center St., Archer City, TX, 76351.
WITNESSETH:
1. RECITALS
WHEREAS, the regulation of subdivisions of property is a governmental function
as set forth in Chapters 212 and 232 of the Texas Local Government Code; and,
WHEREAS, pursuant to chapter 212 of the Texas Local Government Code, the
City has statutory authority to adopt rules governing plats and subdivisions of
land both within the limits and in the extraterritorial jurisdiction of the municipality;
and,
WHEREAS, pursuant to Chapter 232 of the Texas Local Government Code, the
County has statutory authority to adopt rules governing plats and subdivisions of
land in the areas of the county lying outside the limits of a municipality, including
the area within the extraterritorial jurisdiction of a municipality, and,
WHEREAS, the City of Wichita Falls has adopted and enacted Appendix A of
the Code of Ordinances of the City of Wichita Falls to regulate development
within the City and the Extraterritorial Jurisdiction as authorized under Chapter
1) f -he TrxAc I nr-IN %n\/PD 1N!ENTCODE; and
L I L of a is v •� •��� -,
WHEREAS, Chapter 242 of the Texas Local Government code prohibits
requiring a person who intends to subdivide land within the extraterritorial
jurisdiction of a municipality to submit plats to and obtain related permits from
both the municipality and the county, and
WHEREAS, Chapter 242 of the Texas Local Government code further requires
certain counties and municipalities to execute a written agreement that identifies
the government entity authorized to regulate subdivision plats and approve
related permits in the extraterritorial jurisdiction.
NOW, THEREFORE, in consideration of the mutual benefits to be derived from
this Agreement and of the representations, warranties, covenants, and
conditions contained herein, the parties agree as follows:
2. AGREEMENT
2.1 The County and the City agree that the City is hereby authorized to exercise
exclusive jurisdiction to regulate subdivision plats and approve related permits in
the extraterritorial jurisdiction of the City in accordance with Appendix A of the
City of Wichita Falls Code of Ordinances.
2.2 In consideration of this agreement, the City agrees that it will provide the County
with a copy of all current rules and regulations applicable to subdivision of
property within the City's extraterritorial jurisdiction, and further agrees that, if it
amends any rule or regulation pertaining to subdivision of property within its
extraterritorial jurisdiction, it will provide a copy of the amended rule or regulation
to the County.
2.3 In further consideration of this agreement, the City agrees that, if it receives any
application or request for a variance to a rule or regulation applicable to the
subdivision of property within its extraterritorial jurisdiction, it will give notice of
the application or request to the County and provide the County an opportunity to
comment on the application or request before consideration of the application or
request.
2.4 As required by Section 242.001 (c) of the Local Government code, the City
agrees to notify the County of any expansion or reduction in the City's
extraterritorial jurisdiction;
2.5 The City specifically agrees that, because it desires to have the authority to
regulate subdivisions within the extraterritorial jurisdiction of the City, the
authority to do so is adequate consideration for the performance of its obligations
under this agreement.
2.6 Upon City Council's approval of the final plat of each subdivision within the City's
extraterritorial jurisdiction, the City will provide the respective County
Commissioner with a duly signed copy of said plat.
2.7 Archer County shall be granted exclusive authority and responsibility of the
maintenance of right-of-ways in all subdivisions within the extraterritorial
jurisdiction of the City. The City waives its right to reject any methods the County
utilizes in maintaining said right-of-ways within these extraterritorial jurisdictions.
2.8 The County agrees that, because it does not desire the responsibility of
regulating subdivision development within the extraterritorial jurisdiction, being
relieved of this responsibility is adequate consideration for its relinquishing of any
statutory right to do so.
2.9 This agreement does not extend the liability of the parties. Neither the City nor
the County waives any immunity or defenses available to it against claims made
by third parties.
3. TERM OF AGREEMENT
This agreement is for a period of one year and shall automatically renew for
successive one-year periods unless terminated as provided herein. Either party
to this agreement may terminate the agreement at the end of any term without
cause by notifying the other party not later than 45 days prior to the end of the
term. However, both parties understand and agree that the right to terminate this
agreement does not avoid the statutory duty of the County and City to have a
written agreement providing for subdivision regulation within the City's
extraterritorial jurisdiction.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
as of the month, day and year below written. It shall become effective upon the date
that both parties have signed the Agreement.
City:
i of- ichita Falls, Texas
Signature of Authorized Official
Title f
Date:
Attest:
City, (: r-k
County:
County of Archer, Texas
Signature of Authorized Official
Title
Date:
Attest:
Codr�ty Clerk
Approved as to Form:
Bill Sullivan, City Attorney
City of Wichita Falls
STATE OF TEXAS §
COUNTY OF CLAY § KNOW ALL MEN BY THESE PRESENTS:
THIS AGREEMENT is made and executed in duplicate by and between the City
of Wichita Falls, Texas, P. 0. Box 1431, Wichita Falls, Texas ("City"), and the County of
Clay, Texas ("County"), 100 N. Bridge St., Henrietta, TX, 76365-2858.
WITNESSETH:
1. RECITALS
WHEREAS, the regulation of subdivisions of property is a governmental function
as set forth in Chapters 212 and 232 of the Texas Local Government Code; and,
WHEREAS, pursuant to chapter 212 of the Texas Local Government Code, the
City has statutory authority to adopt rules governing plats and subdivisions of
land both within the limits and in the extraterritorial jurisdiction of the municipality;
and,
WHEREAS, pursuant to Chapter 232 of the Texas Local Government Code, the
County has statutory authority to adopt rules governing plats and subdivisions of
land in the areas of the county lying outside the limits of a municipality, including
the area within the extraterritorial jurisdiction of a municipality, and,
WHEREAS, the City of Wichita Falls has adopted and enacted Appendix A of
the Code of Ordinances of the City of Wichita Falls to regulate development
within the City and the Extraterritorial Jurisdiction as authorized under Chanter
2 i 2 of the TEXAS LOCAL GOVERNMENT CODE; and
WHEREAS, Chapter 242 of the Texas Local Government code prohibits
requiring a person who intends to subdivide land within the extraterritorial
jurisdiction of a municipality to submit plats to and obtain related permits from
both the municipality and the county, and
WHEREAS, Chapter 242 of the Texas Local Government code further requires
certain counties and municipalities to execute a written agreement that identifies
the government entity authorized to regulate subdivision plats and approve
related permits in the extraterritorial jurisdiction.
NOW, THEREFORE, in consideration of the mutual benefits to be derived from
this Agreement and of the representations, warranties, covenants, and
conditions contained herein, the parties agree as follows:
2. AGREEMENT
2.1 The County and the City agree that the City is hereby authorized to exercise
exclusive jurisdiction to regulate subdivision plats and approve related permits in
the extraterritorial jurisdiction of the City in accordance with Appendix A of the
City of Wichita Falls Code of Ordinances.
2.2 In consideration of this agreement, the City agrees that it will provide the County
with a copy of all current rules and regulations applicable to subdivision of
property within the City's extraterritorial jurisdiction, and further agrees that, if it
amends any rule or regulation pertaining to subdivision of property within its
extraterritorial jurisdiction, it will provide a copy of the amended rule or regulation
to the County.
2.3 In further consideration of this agreement, the City agrees that, if it receives any
application or request for a variance to a rule or regulation applicable to the
subdivision of property within its extraterritorial jurisdiction, it will give notice of
the application or request to the County and provide the County an opportunity to
comment on the application or request before consideration of the application or
request.
2.4 As required by Section 242.001 (c) of the Local Government code, the City
agrees to notify the County of any expansion or reduction in the City's
extraterritorial jurisdiction;
2.5 The City specifically agrees that, because it desires to have the authority to
regulate subdivisions within the extraterritorial jurisdiction of the City, the
U If ;+ u� so iS d-equaie consideration for the performance of its obligations
under this agreement.
2.6 Upon City Council's approval of the final plat of each subdivision within the City's
extraterritorial jurisdiction, the City will provide the respective County
Commissioner with a duly signed copy of said plat.
2.7 Clay County shall be granted exclusive authority and responsibility of the
maintenance of right-of-ways in all subdivisions within the extraterritorial
jurisdiction of the City. The City waives its right to reject any methods the County
utilizes in maintaining said right-of-ways within these extraterritorial jurisdictions.
2.8 The County agrees that, because it does not desire the responsibility of
regulating subdivision development within the extraterritorial jurisdiction, being
relieved of this responsibility is adequate consideration for its relinquishing of any
statutory right to do so.
2.9 This agreement does not extend the liability of the parties. Neither the City nor
the County waives any immunity or defenses available to it against claims made
by third parties.
3. TERM OF AGREEMENT
This agreement is for a period of one year and shall automatically renew for
successive one-year periods unless terminated as provided herein. Either party
to this agreement may terminate the agreement the end of any term without
cause by notifying the other party not later than 45 days prior to the end of the
term. However, both parties understand and agree that the right to terminate this
agreement does not avoid the statutory duty of the County and City to have a
written agreement providing for subdivision regulation within the City's
extraterritorial jurisdiction.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
as of the month, day and year below written. It shall become effective upon the date
that both parties have signed the Agreement.
City:
Ci of Wi hita Falls, Texas
/S'i'gnafure of A-uthorized'bfficial
Title
Date:
Attest:
(` 04 � 0)
City rk
County:
County of Clay, Texas
Signature ^f Auth,,:;' �6(fici .I
v . � wi ILe II..IQ
Title
Attest:
County`Clerk
Approved as to Form:
Bill Slallivan, City Attorney
City of Wichita Falls
fi
To: Judge Liggett
Fax: 538-5597
Phone:
Re: ETJ Agreement
• Comments:
From: Lydia Torres
Pages: Cover + 4
Date: January 9, 2004
I received a request to fax this agreement to you.
I have the executed originals and will mail one to you for your files.
Should you have any questions or need additional information, please contact me.
Lydia orres, TRMC/CMC
City Clerk