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Home My WebLink AboutRES 21-209RESOLUTION NO. 21-209 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement between the City of Beaumont and the County of Hardin, Texas for the purpose of regulating subdivisions in the portion of Beaumont's Extraterritorial Jurisdiction (ETJ) within Hardin County. The Interlocal Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 24th day of August, 2021. - Mayor Robin Mouton - INTERLOCAL AGREEMENT BETWEEN HARDIN COUNTY AND THE CITY OF BEAUMONT STATE OF TEXAS § AGREEMENT REGARDING § PLAT APPROVAL AUTHORITY COUNTY OF HARDIN § IN THE COUNTY AND CITY'S ETJ THIS INTERLOCAL COOPERATION AGREEMENT ("Agreement") is made and entered into this the day of 2021 (`Effective Date") by Bud between the Hardin County, Texas, a political subdivision of the State of Texas ("County") and the City of Beaumont, Texas, a home rule municipality situated in Jefferson County, Texas ("City"), collectively referred to as "Parties," pursuant to the terms, authority and provisions of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code as follows: RECITALS WHEREAS, Section 242.001, Local Government Code, requires a county and municipalities with extraterritorial jurisdiction in that county to enter into a written agreement identifying the governmental entity authorized to regulate subdivision plats and approve related permits in the extraterritorial jurisdiction (ETJ) of each such municipality; and WHEREAS, Section 242.001 sets forth various methods of accomplishing this requirement, including allowing a county and municipality to enter into an Interlocal Agreement that establishes one office authorized to accept plat application, collect plat application fees in one lump -sum amount, and provide one response to applicants indicating approval or denial of a plat application; and WHEREAS, when this method is selected, the county and municipality must adopt one consolidated and consistent set of regulations related to plats and subdivisions of land in both the County and City ETJ; and 11 Pa ge INTERLOCAL AGREEMENT BETWEEN HARDEN COUNTY, TEXAS AND THE CITY Or'""��-�� WHEREAS, the City of Beaumont has determined its desire to allow Hardin County to serve as the entity authorized to accept plat applications, collect application fees in one lump -sum amount, and provide one response to applicants indicating approval or denial of a plat application; Imm WHEREAS, the County agrees to serve as the entity authorized to accept plat applications,, collect applications fees in one lump -sum amount, and provide one response to applicants indicating approval or denial of the plat application for subdivision of property located within Hardin County and the City of Beaumont's ETJ. TERMS NOW, THEREFORE, County and City agree as follows: I. EFFECTIVE DATE.'Ihe effective date of this Agreement shall be 2021. II. APPLICABILITY. This Agreement shall apply to proposed subdivisions of property within the County and the City's ETJ and which are not exempt from either the County or City regulatory authority. If a subdivision is exempt from either the County or City regulatory authority, then this Agreement shall not apply, and the entity with sole regulatory authority for such subdivision may adopt and enforce any regulation permitted by law. III. SUBDIVISION REGULATION UNDER CHAPTER 212, LOCAL GOVERNMENT CODE. The County and City hereby elect to have Hardin County regulate subdivisions in Hardin County and the City of Beaumont's ETJ pursuant to Section 242.001(d)(4), Texas Government Code. The County shall serve as the entity authorized to accept plat applications, collect applications fees in a one Lump -sum IN MI UOCAL AGREEMENT aETW EEN HIUmIN COIINTY, TEXAS AND THE CITY OF BEAUMONT, TEXAS amount, and provide one response to applicants indicating approval or denial of a plat applications for subdivision of property located in Hardin County and the City of Beaumont's ETJ. The City of Beaumont will not accept applications for subdivision plats for review and approval to the extent such plat of the proposed subdivision lies within Hardin County and the City of Beaumont's ETJ. IV. COUNTY'S RESPONSIBILITIES. a. Accept plat applications for subdivisions of property located within Hardin County and the City of Beaumont's ETJ. b. Notify City of receipt of a plat application for subdivision of property located within the City's ETJ in Hardin County. Such notification shall be by fax addressed to: City of Beaumont, Planning & Community Development Department, and sent to (409) 880-3133. The notice shall clearly state that the County has received a plat application for property in the City's ETJ in Hardin County. c. Enforce the subdivision regulations set forth in the County's Rules and Regulations, which was adopted by the Hardin County Commissioner's Court. These rules are attached as Exhibit A. V. CITY'S RESPONSIBILITIES. The City shall be responsible for making arrangements to receive copies of plats filed with the County for subdivisions of property located within the City's ETJ in Hardin County. VI. CHANGES IN ETJ OR SUBDIVISION REGULATIONS. The County shall provide written notice to the City of (1) any proposed or actual change in the boundaries of the County; and (2) any proposed amendments to the County's 3 1 P a g e INTERLOCAL AGREEMENT BETWEEN HARDIN COUNTY, TEXAS ADD'I HE CITY OF BEAUMONT, TEXAS subdivision regulations applicable to the City's ETJ in Hardin County, at least sixty (60) days prior to the effective date of such change or amendment. The City shall provide written notice to the County of any proposed or actual change in the boundaries of the City's ETJ at least sixty (60) days prior to the effective date of such change. It is the intent of this section to allow the parties reasonable time to discuss proposed changes which may impact this Agreement prior to the effective date of such changes. VII. NOTICES. All notices required to be given under this agreement shall be sent to the respective parties at the following addresses: County City Hardin County City of Beaumont 300 West Monroe P.O. Box 3827 Kountze, Texas 77625 Beaumont, Texas 77704 Attn: Judge Wayne McDaniel Attn: Mayor Robin Mouton VIH. TERM AND TERMINATION. This Agreement shall be perpetual. However, either party may terminate this Agreement by providing thirty (30) days written notice to the other party. IX. EXTENT OF CITY'S ETJ. The City is solely responsible for determining the boundaries of the ETJ. County will rely on the City in this regard, and will not beat responsibility for any errors in determining the boundaries of the City's ETJ. If the County has any issues or concerns about the boundaries of the City's ETJ, the County 4 1 P a g e IN'IERLOCAL AGREEMENT BETWEEN HARffiN COUNTY, TEXAS AND THE CITY OF BEAU MONT, TEXAS will reach out to the City to clear up the issue prior to moving forward with the application. X. AGENCY -INDEPENDENT CONTRACT. The parties agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbeanance, negligence, and deeds, and of those of its agents or employees in conjunction with this Interlocal Agreement. This Agreement does not and shall not be construed to entitle any party or any of their respective employees, if applicable, to any benefit, privilege, or other amenities of employment applicable to the other party. XI. AMENDMENT. This Agreement may not be amended except in a written instrument specifically referring to this Agreement and signed by the parties hereto. XIL BINDING AGREEMENT, AUTHORITY, PARTIES BOUND. This Agreement has been duly executed and delivered to all parties and constitutes a legal, valid and binding obligation of the parties. Each person executing this Agreement on behalf of each party represents and warrants that they have full rights and authority to enter this Agreement. XHL APPLICABLE LAW AND VENUE. This Agreement shall be expressly subject to the participating parties' Sovereign Immunity, Title 5 of the Texas Civil Practice and Remedies Code and all applicable federal and state law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Exclusive venue for any legal action arising form this Agreement shall be in Hardin County, Texas. XIV. SEVERABILITY. In the event that one or more of the provisions contained in the Agreement shall for any reason be held invalid, illegal or unenforceable in any SIPa9e INTERLOCAL AGREEMENT BETWEEN HAPmN COUNTY, TEXAS ANn THE CrrY OF BEAUMONT, TEXAS respect, such invalidity, illegality or unenforceable provision has never been contained herein, but shall not affect the remaining provisions of this Agreement, which shall remain in force and effect. 6 1 P a g e INTERLOCAL AGREEMENT BETWEEN HARnIN COUNTY, TEXAS AND THE CITY OF BEAUMON 1, TEXAS SIGNATURE PAGE APPROVED BY HARDIN COUNTY, TEXAS AND EXECUTED on this day of , 2021. HARDIN COUNTY, TEXAS BY: Wayne McDaniel, County Judge ............................................................................... APPROVED BY THE CITY OF BEAUMONT, TEXAS AND EXECUTED on this day of , 2021. CITY OF BEAUMONT, TEXAS BY: Robin Mouton, Mayor 7j Pa9e INT2RLOCAL AGREEMENT BETWEEN HARDIN C011NTY, TEXAS AND THE CITY OF BEAUMONT, TEXAS