Ordinance No. 11,902ORDINANCE NO. 11,902
AN ORDINANCE O HE CH .'Y COUNCIL. OFTHE CTLY OFBAY1 I OWN,
Tj.�XAS, AUTFIORIZING MAYOR TO EXECUT'F_,' AND THE CITY
CLIERK 'I10 ATTEST TO AN INTERL,OCAL COOPERATION
AGREEMEIN'I"WITH CHAMBERS (.,'O[,JN'I'Y FOR SUBDIVISION
REGUL,ATION WITHIN TFIF'. EXTRATERRITORIA1. JURISDICTION OF
THE CITY OF BAYTOWN; AND PROVIDING FOR TI-11,L',FFECTIVI DA'1'1l'
THEREOF.
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BE 11' ORDAINED BY I FIE CITY COUNCIL, OF' THE CITY OF BAY -OWN,
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes
the Mayor to execute and the City Clerk to attest to an Interlocal Cooperation Agreement with
Chambers County for subdivision regulation within the exti-aterritori,,tl.jLirisdictioii ofthe City of
Baytown. A copy of said agreement is attached hereto as Exhibit "A," and incot-porated herein
for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown,
IN,rRODUCED, READ and PASSED by the affirmative
City of Baytown this the 19"' day of'March, x:(712.
1711'
v.
L,ETICIA BRYS
m�
APPROVED AS TO F'ORM:
ACCIO RAMIRI Z, SR., C� Attorney
of the City Council of the
1-1. DONCARI,OS, Mayor
Exhibit "A"
INTERLOCAL COOPERATION AGREEMENT
BETWEEN CHAMBERS COUNTY AND CITY OF BAYTOWN
FOR SUBDIVISION REGULATION WITHIN THE EXTRATERRITORIAL
JURISDICTION OF THE
CITY OF BAYTOWN
THIS INTERLOCAL COOPERATION AGREEMENT is made and entered into by
and between CHAMBERS COUNTY, Texas, a political subdivision of the State of Texas
(hereinafter referred to as "COUNTY "), by and through its County Judge, Jimmy Sylvia, and the
CITY OF BAYTOWN, a municipal corporation of the State of Texas (hereinafter referred to as
"CITY "), by and through its Mayor, Stephen H. DonCarlos.
WHEREAS, portions of the CITY's extraterritorial jurisdiction lie within the COUNTY
(those portions of the extraterritorial jurisdiction of the CITY within the COUNTY hereinafter
referred to as ETJ); and
WHEREAS, the CITY has adopted and is enforcing subdivision regulations pursuant to
Subchapter A of Chapter 212 of the Texas Local Government Code and other statutes applicable
to municipalities; and
WHEREAS, the COUNTY has adopted and is enforcing subdivision regulations
pursuant to Sections 232.001- 232.005 of the Texas Local Government Code and other statutes
applicable to counties; and
WHEREAS, the COUNTY and the CITY, have both enforced their subdivision
regulations in the ETJ and, in those situations where the CITY's regulation conflicted with the
COUNTY's regulation, the more stringent provisions prevailed; and
WHEREAS, the COUNTY and the CITY are required to enter into a written agreement,
wherein the parties may agree as follows:
(1) that the CITY be granted exclusive jurisdiction to regulate subdivision plats and
approve related permits in the ETJ;
(2) the COUNTY be granted exclusive jurisdiction to regulate subdivision plats and
approve related permits in the ETJ;
(3) the CITY and the COUNTY may apportion the area within the ETJ, assigning
areas to be regulated by the CITY and areas to be regulated by the COUNTY; or
(4) the CITY and County may establish one office authorized to accept plans, collect
fees, and provide one response indicating approval or denial of plats and
establishing a single set of consolidated and consistent regulations related to plats,
subdivision construction plans and subdivisions of land; 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 terns of said written agreement;
NOW, THEREFORE, the COUNTY and the CITY mutually agree as follows:
I.
TERM OF AGREEMENT
A. The COUNTY and the CITY mutually 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, 2017.
B. 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
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addresses set out herein. Upon termination of this Agreement, neither party shall
have any obligations to the other party under this Agreement.
II.
COUNTY RESPONSIBILITIES
A. The COUNTY shall not enforce its subdivision regulations or approve related permits
within the ETJ and shall not have the obligation or right to agree or disagree with the
application and/or interpretation of the CITY'S subdivision regulations.
III.
CITY RESPONSIBILITIES
A. The CITY shall enforce its subdivision regulations within its ETJ and approve related
permits.
IV.
GENERAL PROVISIONS
General Administration: General administration of this Agreement shall be by the
contact person and representative for the COUNTY — the Chambers County Judge, or
his representative (or successor in office). Administering this Agreement and the contact
person and representative for the CITY is the City Manager, or his representative (or
successor in office).
1. 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,
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except in accordance with express authority as may be granted by the Chambers
County Commissioners Court and the Baytown City Council.
2. 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 Chambers County
Judge's Office at the following address:
County Judge Jimmy Sylvia (or his successors in office)
Chambers County Judge's Office
PO Box 939
Anahuac, Texas 77514
(b) Notices sent pursuant to this Agreement may be delivered or sent to the City
at the following address:
Mayor Stephen H. DonCarlos (or his successors in office)
City of Baytown
P.O. Box 424
Baytown, Texas 77522 -0424
(c) To be effective, a copy of any notices sent to the COUNTY shall be sent to
the Chambers County Attorney's Office at the following address:
Honorable Scott Peal (or his successor in office)
Chambers County Courthouse Annex
PO Box 1200
Anahuac, Texas 77514
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(d) To be effective, a copy of any notices sent to the CITY shall be sent to the
City Attorney's Office at the following address:
Honorable Ignacio Ramirez, Sr. (or his successor in office)
City of Baytown
P.O. Box 424
Baytown, Texas 77522 -0424
(e) 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.
3. Severability: 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.
4. Breach: The failure of either party to comply with the terms and conditions of
this Agreement shall constitute a breach of this Agreement.
5. 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.
6. Entire Agreement: This Interlocal Cooperative Agreement constitutes the
entire agreement between Chambers County and the City of Baytown. 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.
7. Terms used in Document: As used in this document, the terms "Interlocal
Cooperation Agreement," "Interlocal Agreement," "Agreement," and "Contract"
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are synonymous.
3. Non- Defined Terms: If not specifically defined in this contract, words and
phrases used in this contract shall have their ordinary meaning as defined by
common usage.
EXECUTED THIS _._.. ye day of GAS t`.- -_ ,2012.
Chambers County:,,
Chambers County Jude � \\
Attttes �7 ,rry
0.;�i..'v+ -'s! t'L�L#JZt -- Date:
Ileather H_ Hawthorne, Chambers County Clerk
4-10 - «..
EXECUTED TAS dayof_ ,--aCGj� ------,2012.
City of
By ' _
fonor e en 1 -I. DonCarlos
�f
rfayt oCthc City of Baytown
'1% % ev
Al st.
Leticia Brysch, City Cie& of the City of Baytown
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