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R-03-01-23-10C1 - 1/23/2003RESOLUTION NO. R- 03- 01- 23 -10C1 WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with Travis County to identify the government responsible for regulating plats and permits in various portions of Round Rock's ETJ, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Interlocal Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 23rd day of January, 2003 CHRISTINE R. MARTINEZ, City Secret .iODMA\ WORLDOX\ 0 , \WDOX \RESOLUFI \R301 /ec NY WELL, Mayo City of Round Rock, Texas Purpose Interlocal Agreement This agreement is made by and between the following parties in accordance with Chapter 791, Texas Government Code: Travis County, Texas, a political subdivision of the State of Texas ( "County "), and the City of Round Rock, Texas, a municipal corporation. The purpose of the parties hereto is to enter into an interlocal agreement prescribed by the terms of H.B. 1445 of the 77t Legislature and Section 242.001 et. seq. Local Government Code to provide for regulation of subdivisions in the extra - territorial jurisdiction ( "ETJ ") of the City of Round Rock. Both parties understand and agree that the provisions of Section 242.001 et. seq. Local Government Code apply to the County and the City. The parties also understand and agree that Round Rock has a very limited ETJ in Travis County. Agreement The parties agree that the provisions of Section 242.001(d)(1) Local Government Code as amended, shall govem the relationship between the parties hereto as follows: 1. The City of Round Rock shall have exclusive jurisdiction to regulate subdivision plats and to approve related permits in its ETJ and shall have sole authority to regulate subdivisions under Subchapter A of Chapter 212, Local Government Code and other statutes applicable to municipalities. 2. The parties may amend this agreement if the City's ETJ expands or is reduced. The City shall promptly notify the County of any expansion or reduction in the City's ETJ. 3. During the platting of subdivisions within its ETJ, the City of Round Rock agrees to uphold the OSSF- related (On -Site Sewage Facilities) residential to a minimum size of one (1) acre for tracts over the Edwards Aquifer or its contributing zone. 4. The parties agree that Travis County shall continue to issue OSSF permits and regulate septic systems within the City's ETJ. 5. During the platting of subdivisions within its ETJ, the City of Round Rock agrees to uphold the following in connection with the National Flood Insurance Program (NFIP): a. Subdivisions shall be designed consistent with the need to minimize flood damage within flood prone areas. p ODAMA'WORLOOXO. W00%)CORIL GNL'INTERIJJ WWIftii WPDtg EXHIBIT Term Law and Venue b. All public utilities and facilities shall be located and constructed to minimize or eliminate flood damage. c. Adequate drainage shall be provided to reduce exposure to flood damage. d. Platting of subdivisions greater than five (5) acres or fifty (50) lots, whichever is less, shall include detailed engineering documents adequate to determine base flood elevations. e. Travis County shall retain the prerogative to authorize Letters of Map Revision and Conditional Letters of Map Revision. f. Basic Development Permits issued by Travis County shall continue to be required within the City's ETJ. 6. During the platting of subdivisions within its ETJ, the City of Round Rock agrees to require the addition of the following note to all subdivision plats within the ETJ. "All or part of this subdivision is within the extraterritorial jurisdiction ofthe City of Round Rock. Under Chapter 241, Local Government Code, the City of Round Rock has sole and exclusive jurisdiction over approval of this plat. However, Travis County retains sole and exclusive jurisdiction over maintenance of public roads in, and issuance of onsite sewage permits and development permits for, this subdivision. The City of Round Rock's approval of this plat does not ensure Travis County's acceptance ofthe roads for maintenance or approval of onsite sewagepermits or development permits for the subdivision. The owners or developer is responsible for ensuring that the requirements of this plat are consistent with and do not prevent acceptance of the roads or issuance of onsite sewage permits and development permits for the subdivision. In the event of a conflict, plat amendments may be required prior to accepting roads or issuing onsite sewage or development permits. This agreement shall commence on the date on which the last party signs it. This agreement shall continue in force until the legislature repeals the requirements set forth in Section 242.001 et. seq., Local Government Code. This agreement is governed by the laws of the State of Texas and all obligations under this agreement are performable in Travis County, Texas. 2. Notices Addresses Mediation Entire Agreement Severability Method of Notice. Any notice required or permitted to be given under this agreement by one party to the other shall be in writing and shall be given and deemed to have been given immediately if delivered in person to the address set forth below for the party to whom the notice is given, or on the third day following mailing if placed in the United States Mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the party at the address below. Address of County. The address of the County for all purposes under this agreement and for all notices hereunder shall be: County Judge Travis County Court House Austin, Texas 78701 Address of City. The address of the City for all purposes under this agreement and for all notices hereunder shall be: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 When mediation is acceptable to both parties in resolving a dispute arising under this agreement, the parties agree to use the Dispute Resolution Center of Austin, Texas as the provider of mediators for mediation as described in TEX. CIV. PRAC. AND REM. CODE, 154.023. Unless both parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communications described in TEX. CIV. PRAC. AND REM. CODE, 154.073, unless both parties agree in writing to waive the confidentiality. All oral and written agreements between the parties to this agreement relating to the subject matter of this agreement that were made prior to the execution of this agreement have been reduced to writing and are contained in this agreement. If any portion of this agreement is ruled invalid by a court of competent jurisdiction, the remainder of the agreement shall be construed as if that portion were not included in the agreement and shall remain valid and binding. 3. Assignability Neither party may assign any of the rights or duties created by this agreement without the prior written approval of the other party. Interpretational Guidelines Computation of Time. When any period of time is stated in this agreement, the time shall be computed to exclude the first day and include the last day of the period. If the last day of any period falls on a Saturday, Sunday or a day that either party has declared a holiday for its employees, these days shall be omitted from the computation. Number and Gender. Words of any gender in this agreement shall be construed to include any other gender and words in either number shall be construed to include the other unless the context in the agreement clearly requires otherwise. Headings. The headings at the beginning of the various provisions of this agreement have been included only to make it easier to locate the subject matter covered by that section or subsection and are not to be used in construing this agreement. Legal Authority. The person or persons signing this agreement on behalf of each party hereto, or representing themselves as signing this agreement on behalf of each party hereto, do hereby warrant and guarantee that he, she, or they have been duly authorized by the party to this agreement to sign this agreement on behalf of the party and to bind the party validly and legally to all terms, performances, and provisions in this agreement. Duplicate Originals. This document is executed in duplicate originals. TRAVIS COUNTY TEXAS CITY OF ROUND ROCK By: By: Printed Name: NYLE MAXWELL, Mayor Date: Date: 4. DATE: January 17, 2003 SUBJECT: City Council Meeting — January 23, 2003 ITEM: 10.C.1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Travis County, Texas to identify the government responsible for regulating plats and permits in various portions of Round Rock's extraterritorial jurisdiction (ETJ). Resource: Joe Vining, Planning Director History: House Bill 1445 (Interlocal Cooperation Act) requires the City and County to enter into a written agreement that identifies the governmental entity authorized to regulate subdivision plats in the ETJ. The proposed agreement would assign sole and exclusive platting authority within the City of Round Rock ETJ to the City. Development permits and on -site sewage permits within the extraterritorial jurisdiction (ETJ) will be the sole and exclusive responsibility of Travis County. The City of Round Rock has submitted an Interlocal Agreement with Williamson County. Funding Cost: N/A Source of Funds: N/A Outside Resources: Travis County Impact: Addresses state requirements. Benefit: Reduces overall review time for development in the ETJ. Public Comment: None required. Sponsor: Planning and Community Development Department Purpose Agreement (. • OOMMVORIDOX /OJWOOX/CORRJGNUINTER 114/00041824 WP O'Fg Interlocal Agreement coPY This agreement is made by and between the following parties in accordance with Chapter 791, Texas Government Code: Travis County, Texas, a political subdivision of the State of Texas ( "County"), and the City of Round Rock, Texas, a municipal corporation. The purpose of the parties hereto is to enter into an interlocal agreement prescribed by the terms of H.B. 1445 of the 77 Legislature and Section 242.001 et. seq. Local Government Code to provide for regulation of subdivisions in the extra - territorial jurisdiction ( "ETJ ") of the City of Round Rock. Both parties understand and agree that the provisions of Section 242.001 et. seq. Local Government Code apply to the County and the City. The parties also understand and agree that Round Rock has a very limited ETJ in Travis County. The parties agree that the provisions of Section 242.001(d)(1) Local Government Code as amended, shall govern the relationship between the parties hereto as follows: 1. The City of Round Rock shall have exclusive jurisdiction to regulate subdivision plats and to approve related permits in its ETJ and shall have sole authority to regulate subdivisions under Subchapter A of Chapter 212, Local Government Code and other statutes applicable to municipalities. 2. The parties may amend this agreement if the City's ETJ expands or is reduced. The City shall promptly notify the County of any expansion or reduction in the City's ETJ. 3. During the platting of subdivisions within its ETJ, the City of Round Rock agrees to uphold the OSSF - related (On -Site Sewage Facilities) residential to a minimum size of one (1) acre for tracts over the Edwards Aquifer or its contributing zone. 4. The parties agree that Travis County shall continue to issue OSSF permits and regulate septic systems within the City's ETJ. 5. During the platting of subdivisions within its ETJ, the City of Round Rock agrees to uphold the following in connection with the National Flood Insurance Program (NFIP): a. Subdivisions shall be designed consistent with the need to minimize flood damage within flood prone areas. Term Law and Venue b. All public utilities and facilities shall be located and constructed to minimize or eliminate flood damage. c. Adequate drainage shall be provided to reduce exposure to flood damage. d. Platting of subdivisions greater than five (5) acres or fifty (50) lots, whichever is less, shall include detailed engineering documents adequate to determine base flood elevations. e. Travis County shall retain the prerogative to authorize Letters of Map Revision and Conditional Letters of Map Revision. f. Basic Development Permits issued by Travis County shall continue to be required within the City's ETJ. 6. During the platting of subdivisions within its ETJ, the City of Round Rock agrees to require the addition of the following note to all subdivision plats within the ETJ. "All or part of this subdivision is within the extraterritorial jurisdiction of the City of Round Rock. Under Chapter 241, Local Government Code, the City of Round Rock has sole and exclusive jurisdiction over approval of this plat. However, Travis County retains sole and exclusive jurisdiction over maintenance of public roads in, and issuance of onsite sewage permits and development permits for, this subdivision. The City of Round Rock's approval of this plat does not ensure Travis County's acceptance of the roads for maintenance or approval of onsite sewage permits or development permits for the subdivision. The owners or developer is responsible for ensuring that the requirements of this plat are consistent with and do not prevent acceptance of the roads or issuance of onsite sewage permits and development permits for the subdivision. In the event of a conflict, plat amendments may be required prior to accepting roads or issuing onsite sewage or development permits. This agreement shall commence on the date on which the last party signs it. This agreement shall continue in force until the legislature repeals the requirements set forth in Section 242.001 et. seq., Local Government Code. This agreement is govemed by the laws of the State of Texas and all obligations under this agreement are performable in Travis County, Texas. 2. I Notices Method of Notice. Any notice required or permitted to be given under this agreement by one party to the other shall be in writing and shall be given and deemed to have been given immediately if delivered in person to the address set forth below for the party to whom the notice is given, or on the third day following mailing if placed in the United States Mail, postage prepaid, by registered or certified mail with return receipt requested, addressed to the party at the address below. Addresses Address of County. The address of the County for all purposes under this agreement and for all notices hereunder shall be: Address of City. The address of the City for all purposes under this agreement and for all notices hereunder shall be: Mediation Entire Agreement County Judge Travis County Court House Austin, Texas 78701 City of Round Rock 221 E. Main Street Round Rock, Texas 78664 When mediation is acceptable to both parties in resolving a dispute arising under this agreement, the parties agree to use the Dispute Resolution Center of Austin, Texas as the provider of mediators for mediation as described in TEX. CIV. PRAC. AND REM. CODE, 154.023. Unless both parties are satisfied with the result of the mediation, the mediation will not constitute a final and binding resolution of the dispute. All communications described in TEX. CIV. PRAC. AND REM. CODE, 154.073, unless both parties agree in writing to waive the confidentiality. All oral and written agreements between the parties to this agreement relating to the subject matter of this agreement that were made prior to the execution of this agreement have been reduced to writing and are contained in this agreement. Severability If any portion of this agreement is ruled invalid by a court of competent jurisdiction, the remainder of the agreement shall be construed as if that portion were not included in the agreement and shall remain valid and binding. 3. Assignability Neither party may assign any of the rights or duties created by this agreement without the prior written approval of the other party. Interpretational Guidelines Computation of Time. When any period of time is stated in this agreement, the time shall be computed to exclude the first day and include the last day of the period. If the last day of any period falls on a Saturday, Sunday or a day that either party has declared a holiday for its employees, these days shall be omitted from the computation. Number and Gender. Words of any gender in this agreement shall be construed to include any other gender and words in either number shall be construed to include the other unless the context in the agreement clearly requires otherwise. Headings. The headings at the beginning of the various provisions of this agreement have been included only to make it easier to locate the subject matter covered by that section or subsection and are not to be used in construing this agreement. Legal Authoritv. The person or persons signing this agreement on behalf of each party hereto, or representing themselves as signing this agreement on behalf of each party hereto, do hereby warrant and guarantee that he, she, or they have been duly authorized by the party to this agreement to sign this agreement on behalf of the party and to bind the party validly and legally to all terms, performances, and provisions in this agreement. Duplicate Originals. This document is executed in duplicate originals. TRAVIS COUNTY TEXAS CITY OF ROUND ROCK By: Printed Name: 4. Date: Date: / —J3 -03