ORD 585 04/08/2003y Y i
�' ] �' yy R I J 6 .v J' S A 1 Y ...�Y ^�� . 5_ u7A:.r� 5V � `'f 1 •'� S. J l ) .rY A., ':.
ORDINANCE ..
INTERLOCAL COOPERATION AGREEMENT BETWEEN GUADALUPE COUNTY AND
"CITY OF CIBOLO FOR SUBDIVISION REGULATION WITHIN THE
EXTRATERRITORIAL JURISDICTION OF THE CITY OF CIBOLO REPLACING CITY OF
CIBOLO ORDINANCE #560 THAT WAS NEVER RATIFIED BY GUADALUPE COUNTY
THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into by and between
Guadalupe County, Texas, a political subdivision of the State of Texas (hereinafter referred to as
"COUNTY'), by and through its County Judge, James Sagabiel, and the City of CIBOLO, a municipal
corporation of the State of Texas (hereinafter referred to as "CITY), by and through its Mayor,
WHEREAS, the CITY has duly identified its extraterritorial jurisdiction (hereinafter referred to as "ETJ'D
within the COUNTY: and
WHEREAS, the CITY has adopted and is enforcing subdivision regulations pursuant to Texas Local
Government Code Subchapter A of Chapter 212 and other statutes applicable to municipalities; and
WHEREAS, the COUNTY has adopted and is enforcing subdivision regulations pursuant to Texas Local
Government Code sections 232.001-232.005 and other statutes applicable to counties-, and
WHEREAS, the COUNTY and the CITY, pursuant to Texas Local Government Code Section 242.001,
have both enforced their subdivision regulations in the CITY's ETJ and, in those situations where the
City's regulation conflicted with the County's regulations the more stringent provisions prevailed; and
WHEREAS, the Texas Legislature has recently revised Texas Local Government Code Chapter 242 to
limit subdivision regulation within the ETJ. to one entity; and
WHEREAS, the COUNTY and the CITY are required to enter.into a written agreement that identifies the
governmental entity authorized to regulate subdivision plats and approve related permits in the
extraterritorial jurisdiction of the CITY within the COUNTY; and
WHEREAS, .the COUNTY and the CITY are required to enter into said writ -ten agreement on or before
April 1, 2002; and
WHEREAS, both the COUNTY and the CITY.desire to enter into an Interlocal Cooperation Agreement,
pursuant to Texas Governmental Code Chapter 791.011(a), whereby the COUNTY and the CITY shall
agree upon the terms of said written agreement;
NOW, THEREFORE, the COUNTY and the CITY mutually agree as follows:
I.
TERM OF AGREEMENT
-. .. ''r., . � 6 �z .:.. Fo 1'y ..� ff _..,:E -'-, ;y -y �-.�•� . � n `_4 i._....r ,A� � � }. r,:
The COUNTY and the CITY mutual agree that the tenni of this Local Cooperation t shall be - Y -
from the date it is formally and duly executed by both the COUNTY and the CITY until December 31, '
2007. This Agreement may be renewed by the mutual agreement of the parties for an additional term or
terms as needed at or near the end of the initial term. - _ I— - - -
A. 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 other party. Any notice of
intent to terminate must be delivered by deposit in the United States mail, certified, return receipt
requested, to the other party at the addresses set out herein. Upon termination of this Agreement,
neither party shall have any obligations to the other party under this Agreement, except with
respect to payment for services already rendered under this Agreement; but not yet paid.
II.
COUNTY RESPONSIBILITIES
A. The COUNTY shall not enforce its subdivision regulations within the ETJ of the City of CIBOLO.
The COUNTY shall be responsible for permitting of floodplain development and septic systems
within the City's ETJ.
IIL
CITY RESPONSIBILITIES
A. The CITY shall enforce its subdivision regulations within its ETJ.
B. The CITY shall incorporate the portion of the COUNTY subdivision regulations attached as
ATTACHMENT "A" into their subdivision regulation ordinance and enforce these regulations
within their ETJ in Guadalupe County.
C. The CITY shall require developers to, dedicate public right-of-way pursuant to the Guadalupe
County Major Thoroughfare Plan, as currently revised or amended. '
D. The CITY shall require the preparation of a subdivision plat for the division of a lot, tract or parcel
of land into two or more parts, lots or sites for the purpose, whether immediate or future, of sale,
division of ownership or building development A plat is not required for the division of land for
agricultural purposes into parcels or tracts of five acres or more and not involving any new street,
alley or easement of access. ='
E. The CITY shall deliver two copies of all recoiled subdivision plats within the CrI Y's ETJ to the
COUNTY within 10 working days of the recording of the subdivision plat
F. The CITY shall require the developer'to provide a Corporate Surety Bond, Irrevocable Letter of
Credit, or Escrow Agreement, in an amount determined by the City Engineer, -co ensure the
proper completion of roads, drainage, and water distribution facilities, as applicable, within
subdivisions involving said infrastructure. The surety shall be executed by a surety company
authorized to do business in the State of Texas and shall be made payable to the County Judge or
his successors in office, of Guadalupe County, Texas. The condition of the bond, letter of credit or
escrow agreement shall be that the owner or owners of the tract of land to be subdivided will
construct the roads or streets, stormwater drainage, and water distribution facilities of such
subdivision within one year. The time period for completion may be extended upon written
agreement of the developer and COUNTY. The firll amount of the bond or letter of credit shall
remain in force until the road construction and other infrastructure is completed and roads and
other infrastructure are approved and/or accepted by the CO , . The CITY shall deliver said surety
Ito the COUNTY within 10 working days of the recording of the subdivision plat
construction test results to the COUNTY during road construction. CITY inspectors shall have "
control of the road construction, storrnwater drainage construction, and water distribution facility
construction within the right-of-way. The COUNTY shall request that the CITY halt construction
if the applicable constriction standards are not being met Unless otherwise agreed by a
CITY/COUNTY resolution, all curbs, sidewalks, lighting and suck like amenities will be maintained
by the developer or a homeowners association.
1V.
GENERAL PROVISIONS
1. General Administration: General administration of this.Agreement shall be by the contact person and
representative for the COUNTY -the Guadalupe County Judge, or his/her representative (or successor
in office). Administering this Agreement and the contact person and representative for the CITY is the
Mayor of CIBOLO, or Ms/her representative (or the Mayors successor in office). -z
2. Alteration, Amendment or Modification: This Agreement may not be altered, amended. or modified
except in writing signed by all parties to this Agreement No official, agent, employee, or representative
of either the COUNTY or the CITY has the authority to alter, amend, or modify the terms of this
Agreement, except in accordance with express authority as may be respectively granted by either the
Guadalupe County Commissioners Court or the CIBOLO City Council.
3. Notice: All notices sent pursuant to this. Agreement shall be in writing and must be sent by registered
- or certified mail, postage prepaid, return receipt requested.- - - - - -- - - - -- '.-- "
-
(a) Notices sent pursuant to this Agreement shall be sent to the Guadalupe County Judge's Office
at the following address:
County Judge James Sagabiel (or his successors in office) -
Guadalupe County Judge's Office
107 W. Court Street
Seguin, Texas 78155
(b) Notices sent pursuant to this Agreement may be delivered or sent to the City at the following
address:
Mayor (or his successors in office)
City of Cibolo
P.O. Box 826
abolo Texas 78108
(c) To be effective, a copy of any notices sent to the COUNTY shall be sent to the Guadalupe
County Distinct Attomey's Office at the following address:
Honorable W. C. Kirkendall (or his successor in office)
The Plaza Building
113S. River Street, Suite 205
Sequin, Texas 78155 w
(d) When notices sent pursuant to this Agreement are mailed by registered or certified mail, notice
shall be deemed effective three (3) days after deposit in a U.S. mail box or at a U.S. post office.
4. Serverability- If any provision of this Agreement is found to be invalid, illegal, or unenforceable, such
invalidity, illegality, or unenforceability shall not affect the remaining provisions of this Agreement
Additional Requirements within the ETJ in Guadalupe County
1. Lots sizes within the ETI in Guadalupe County:
Subdivisions requiring platting, where each lot within the proposed subdivision will be served by
a Texas Natural Resource Conservation Commission CINRCC) approved public water supply
and will utilize individual on-site sewage facility methods for sewage disposal, shall provide for
individual lots having surface areas of at least 1.0 acre.
Subdivisions requiring platting, where each lot @'thin the proposed subdivision will not be
served by a TNRCC approved public water supply and will utilize individual on-site sewage
facility methods for wastewater treatment, shall provide for individual lots having, surface areas
of at least 5.01 acres.
ATTACHMENT "All
Additional Requirements within the ETJ in Guadalupe County
1. Lots sizes within the ETI in Guadalupe County:
Subdivisions requiring platting, where each lot within the proposed subdivision will be served by
a Texas Natural Resource Conservation Commission CINRCC) approved public water supply
and will utilize individual on-site sewage facility methods for sewage disposal, shall provide for
individual lots having surface areas of at least 1.0 acre.
Subdivisions requiring platting, where each lot @'thin the proposed subdivision will not be
served by a TNRCC approved public water supply and will utilize individual on-site sewage
facility methods for wastewater treatment, shall provide for individual lots having, surface areas
of at least 5.01 acres.
-z
v
The failure of eitheioartyIto comply the 5. Breach: Th condition9*6f this Agreement iliall
constitute nstitute a breach of this Agreement� Either party shall beji;tiAed to any and A rights and remedies
allowed under Texas law for any breach of this Contract- by the otiier party.
6. Non-Waiver. The waiver by either party of a breach of this Agreement shall not constitute a
continuing waiver of such breach or of a subsequent breach of the same or i'different provision.
7. Entire Agreement: This Interlocal Cooperative Agre-em-enticbristitutes the entire agreement between
Guadalupe County and the City of CIBOLO. No o - ther agreement� statement or promise relating to
the subject matter of this Contractand which is not contained in this Contract or incorporated by
reference in this Contract shall be valid or binding.
S. Terms used in Document: As used in this document, the terms "Interlocal Cooperation Agreement",
"Interlocal Agreement", "Agreement", and "Contract!' are synonymous.
9. Non-Defined Terms: If not specifically defined'm this contract, words and phrases used in this
contract shall have their ordinary meaning as defined by common usage.
EXECUTED THIS day of 20022
GUADALUPE COUNTY
By:
HONORABLE JAMES SAGABIEL
GUADALUPE, COUNTY'JUDGE
ATIESM.
DATE
LIZZIE LORENZ, GUADALUPE COUNTY CLERK
EXECUTED THIS O day of A Qr p 2003.
CITY OF CIBOLO
By.
HONORABLE MAYOR OF CIBOLO
ATTEST:
RETARY OF THE4CF CQ1BOL0
ZMEM 1 0