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ORD 612 09/23/2003 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 ORDINANCES #585 AND 560 THAT WERE 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") 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: s I. TERM OF AGREEMENT The COUNTY and the CITY mutual agree that the term of this Local Cooperation Agreement shall be 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. 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. Ill. 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 recorded subdivision plats within the CITY'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 full 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 to the COUNTY within 10 working days of the recording of the subdivision plat. G. The CITY shall allow COUNTY inspectors unfettered access to road construction sites of subdivisions within the ETJ and the CITY shall timely submit copies of all road materials and road construction test results to the COUNTY during road construction. CITY inspectors shall have control of the road construction, stormwater drainage construction, and water distribution facility construction within the right-of-way. The COUNTY shall request that the CITY halt construction if the applicable construction standards are not being met. Unless otherwise agreed by a CITY/COUNTY resolution, all curbs, sidewalks, lighting and such like amenities will be maintained by the developer or a homeowners association. H. The City shall obtain from the County, a letter of plat approval for any subdivision with a road that intersects with any existing County maintained Road. The County shall provide this letter of plat of approval within 14 days of the request or shall provide the City with a letter explaining the reason that such a letter of approval has not been issued. Failure by the County to provide a response within 14 days shall be considered tacit approval of the plat. IV. 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 Mayor's successor in office). 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 Donald Schraub (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 Charles Ruppert (or his successors in office) City of Cibolo P.O. Box 826 Cibolo Texas 78108 (c) To be effective, a copy of any notices sent to the COUNTY shall be sent to the Guadalupe County Distinct Attorney'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 (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. 5. Breach:The failure of either party to comply with the terms and conditions of this Agreement shall constitute a breach of this Agreement. Either party shall be entitled to any and all rights and remedies allowed under Texas law for any breach of this Contract by the other 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 a different provision. 7. Entire Agreement: This Interlocal Cooperative Agreement constitutes the entire agreement between Guadalupe County and the City of CIBOLO. No other agreement, statement, or promise relating to the subject matter of this Contract and which is not contained in this Contract or incorporated by reference in this Contract shall be valid or binding. 8. 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. EXFCUTED THIS_ 9 3rc9 DAY OF SPptewbpr 2003. GUAD UPE COUNTYA) By: 04,uldia - HONO BLE DONALD SCHRAUB GUADALUPE, COUNTY JUDGE. ATTEST: itillMA' g-d DATE September 23, 2003 TERESA KIEL, JUADALUPE COUNTY CLERK --_ EXEC TED THIS R 'I DAY OF is , 2003 liditi By: yr f HONORABLE MAYOR 0 CIBOLO ATTEST: 1 tr YV�k 7 0 DA I'r. P -c L --0 46` TARY OF THE CI ' 'JF CIBOLO ATTACHMENT "A" Additional Requirements within the ETJ in Guadalupe County 1. Lots sizes within the ETJ in Guadalupe County: Subdivisions requiring platting,where each lot within the proposed subdivision will be served by a Texas Natural Resource Conservation Commission (TNRCC) 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 within 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.