Resolution 2002-05
RESOLUTIONNO.t2.00~ -OF; (Ie)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
APPROVING THE TERMS AND CONDmONS OF INTERWCAL
AGREEMENTS BElWEEN THE CITY OF WYLIE AND THE COUNTIES OF
COLLIN, DALLAS AND ROCKW ALL, TEXAS, PROVIDING FOR EXCLUSIVE
CITY CONTROL OF SUBDIVISION REGULATIONS IN THE
EXTRATERRTI'ORIAL JURISDICflON OF THE CITY; AUTHORIZING THE
MAYOR TO EXECUTE THE INTERLOCAL AGREEMENT AND ANY
RELATED DOCUMENTS NECESSARY TO CARRY OUT ITS PURPOSE AND
INTENT; PROVIDING A SAVINGS CLAUSE, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 242.001 of Texas Local Government Code was enacted to require
cities and counties to enter into an agreement that identifies the governmental entity authorized
to regulate subdivision plats and approve related permits in the Extraterritorial Jurisdiction of the
city; and
WHEREAS, the Wylie City Council has been presented a proposed Interlocal
Cooperation Agreement by Collin, Dallas and Rockwall Counties, a copy of which is attached
hereto as Exhibit "A" and incorporated herein by reference (hereinafter called "Agreement");
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS AS FOLLOWS:
SECTION 1. The terms and conditions of the Agreement attached hereto as Exhibit A
entitled "City County Plat Approval Agreement (Exclusive City Control)" are approved.
SECTION 2. The boundaries of the City's Extraterritorial Jurisdiction are as illustrated
on hereto attached map as Exb.11>it B.
SECTION 3. The Mayor of the City is designated and authorized to execute the
Agreement and all other documents necessary in connection thereof on behalf of the City, in
order to carry out the intent and purposes of the Agreement.
SECTION 4. It is the intent of the City Council that each paragraph, sentence,
subdivision, clause, phrase or section of this Resolution and the Interlocal Agreement attached
hereto be deemed severable, and should any paragraph, sentence, subdivision, clause, phrase or
section be declared invalid or unconstitutional for any reason, such declaration of invalidity or
unconstitutionality shall not be construed to effect the validity of those provisions of this
Resolution and its attachment left standing.
D1:C'AT TTTTA1\.T JJ,
n.....__ 1
DULY ~ l' the City Council of the City of Wylie, Texas on this, the
fJ6 day of ' , 2002.
ATTEST:
city Attorney
RF.~OT .TITTON-#
Mayor
') ,
PH PP. ?
STATE OF TEXAS
COUNTY OF COLLIN
~
~
~
KNOW ALL MEN BY THESE PRESENTS:
CITY-COUNTY PLAT APPROVAL AGREEMENT
(Exclusive City Control)
That this Agreement is entered into by and between the County of Collin, Texas
("County") and the City of Wylie, Texas ("City"), in accordance with the provisions of
House Bill 1445 ("H.B. 1445"), passed by the 77th Legislature of the State of Texas, and
is to witness the following:
WHEREAS, County is operating under Sections 232.001-232.005 of the Local
Government Code; and
WHEREAS, County does not contain extraterritorial jurisdiction of a
municipality with a population of 1.9 million or more and is not within fifty miles of an
international border and is not subject to Subchapter C, Chapter 232; and
WHEREAS, City is a home rule city of Collin County, Texas, which has
extraterritorial jurisdiction ("ET J") under the provisions of Chapter 42, Local
Government Code; and
WHEREAS, House Bill 1445, effective September 1, 2001, as Section 242.001,
Local Government Code, was enacted to require City and County to enter into an
agreement that identifies the governmental entity authorized to regulate subdivision plats
and approve related permits in the ETJ ofthe City;
NOW, THEREFORE, for and in consideration of the mutual promises and
considerations herein expressed, the receipt and sufficiency of which are hereby
acknowledged by the parties, the parties hereto agree as follows:
1. City Granted Exclusive Jurisdiction. The parties agree that City shall be
granted exclusive jurisdiction to regulate all subdivision plats and approve
all related permits in its ETJ in accordance with Chapter 212 of the Local
Government Code, its adopted Subdivision Regulations or other
applicable codes or ordinances, and County shall no longer exercise any of
these functions in the City's ETJ.
2. One Office for Plat Applications, Fee Payments and Responses. Pursuant
to this Agreement, the City Secretary or his/her designee is authorized to
accept plat applications for tracts ofland located in the ETJ of the City, to
collect plat application fees established by law, and provide applicants one
response indicating approval or denial of the plat application by the
appropriate approving authority.
INTERLOCAL AGREEMENT FOR ET J
Page 1
3. Consolidated Regulations. That the Subdivision Regulations of the City
are hereby established as a consolidated and consistent set of regulations
related to plats and subdivisions of land as authorized by Chapters 212 and
232 of the Local Government Code, and will be enforced in the ETJ of the
City.
4. Areas Outside ETJ. In an unincorporated area outside the ETJ of the City,
the City may not regulate subdivisions or approve the ftling of plats, and
the County retains jurisdiction to do so. Should the City expand or reduce
its ETJ, City shall promptly notify County of such expansion or reduction.
City and County agree that such an expansion or reduction shall not
require amendment of this Agreement, and the City shall continue to be
granted exclusive jurisdiction to regulate subdivision plats and approve
related permits in its ETJ, and the County shall continue to have
jurisdiction of areas outside the City's ETJ.
5. Costs. All costs involved with the approval of subdivision plats under this
Agreement shall be borne by the City and payable out of current revenues
available to it. All fees collected by the City will be the property of the
City.
6. Periodic Revie"~j;'. This Agreement may be reviewed periodically and
revised to address changed circumstances. This Agreement may only be
modified or amended by a subsequent Agreement in writing between the
same parties.
Miscellaneous Provisions.
7. This Agreement shall not constitute an Agreement for the provision of
governmental functions or services by either party for the other, except for
the specific subject matter hereof
8. All notices required to be given by virtue of this Agreement shall be
addressed as follows and delivered by certified mail, postage prepaid, or
by hand delivery:
City of Wylie Planning Dept.
Municipal Complex
2000 Highway 78 North
Wylie, Texas 75098
Collin County Engineering Dept.
825 N. McDonald St., #160
McKinney, Texas 75069
9. In the event any section, subsection, paragraph, sentence, phrase or work
of this Agreement shall be held invalid, illegal or unconstitutional, the
balance of the Agreement shall be severable, and shall be enforced as if
the parties intended to delete the invalid portion.
INTERLOCAL AGREEMENT FOR ETJ
Page 2
10. This Agreement shall be construed under the laws of the State of Texas.
Venue for any action under this Agreement shall be the State District of
Collin County, Texas. This Agreement is performable in Collin County,
Texas.
11. This Agreement may be executed in identical counterparts, each of which
shall be deemed an original and constitute one and the same instrument.
12. This Agreement embodies the complete agreement of the parties hereto,
superceding all prior or contemporaneous, oral or written agreements
between the parties relating to the subject matter hereof.
13. All Recitals contained in this Agreement are incorporated herein by
reference for all purposes and specifically found to be true and correct by
the parties hereto.
14. The undersigned officers of the parties hereto have been duly authorized
by appropriate legislative action of their respective governing bodies to
execute this Agreement and bind the represented party to the terms hereof.
15. This Agreement is not intended to and does not extend the liability of the
parties beyond that provided by law. Neither the City nor the county
waives any immunity or defense that would otherwise be available to it
against claims by third parties. The City and County are not entering into
a joint enterprise.
16. All rights, orders, approvals, permits, and legal or administrative
proceedings, with regard to a subdivision plat of property in the ETJ of the
City in existence at the effective date of this Agreement shall continue
until consummation.
This Agreement shall become effective on the _ day of
,2002.
City of Wylie, Texas
Collin County, Texas
By:
Name:
Title:
By:
Name:
Title:
ATTEST:
ATTEST:
City Secretary
Secretary
Date:
,2002
Date:
, 2002
INTERLOCAL AGREEMENT FOR ETJ
Page 3