(A) One office for plat applications, fee payments, and responses. Pursuant to this agreement, the Mayor or his or her designee is authorized to accept plat applications for tracts of land 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 city. The city will make any and all contacts necessary for plat approval with the County Planner. The county will refer any and all parties that to their knowledge have an interest in development in the ETJ, to the office of the city.
(B) City regulations. That the city’s subdivision regulations are hereby established as the set of regulations related to plats and subdivisions of land as authorized by Chapters 212 and 232 of the Texas Local Government Code, and will be enforced in the ETJ of the city, except in regards to the placement of utilities, the number of acres that give rise to the need to plat a subdivision, and the construction of private roads.
(1) Utilities may be placed in the street right-of-way, between the curb and the property line, if the street is constructed with curbs and gutters, or may be placed in a ten-foot utility easement adjacent to the street if the street is constructed without curbs and gutters.
(2) For land that is within the city’s ETJ in whole or in part, the sale of a tract of land that is less than ten acres in area requires that a plat be approved by the city. This is in lieu of the city’s requirement that the sale of a tract of land that is less than five acres and is within the city limits of the city must be platted.
(3) Private roads built within the city’s ETJ must be constructed to the same standards as required by the county, and the city shall inspect the construction of such roads to assure that this standard is met.
(C) Areas outside ETJ. In an unincorporated area wholly outside the ETJ of the city, the city may not regulate subdivisions or approve the filing 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 to this agreement, and the city shall continue to regulate subdivision plats in its ETJ, and the county shall continue to have jurisdiction of areas outside the city’s ETJ.
(D) Areas partially inside ETJ. In an unincorporated area partially inside and partially outside the city’s ETJ, the city will regulate the entire subdivision as if the entire subdivision was inside the city’s ETJ unless the area lies within another municipality’s jurisdiction.
(E) Costs. Each party shall bear any and all costs they incur in investigating or regulating any matter concerning development in the city’s ETJ.
(F) Fee collection and disbursement. Each party can develop fees for their services rendered in regulating development in the city’s ETJ. The city will collect all fees and remit to the county its portion, once a month, when applicable.
(G) Periodic review. 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 and approved by the governing bodies.
(H) When development occurs in the city’s ETJ within 300 feet of a sanitary sewer main owned by the city, the development will be required to extend the sanitary sewer main rather than utilizing on-site sewage facilities.
(I) When development occurs in the city’s ETJ, the city’s regulations will be the required standards. The city will specifically require that utilities be placed in the street right-of-way, between the curb and the property line, if the street is constructed with curbs and gutters, or be placed in a ten-foot utility easement adjacent to the street if the street is constructed without curbs and gutters.
(J) When development occurs in the city’s ETJ, city personnel shall make any and all inspections with
regards to construction of streets, water, sewer and drainage improvements. Copies of all inspection documents shall be provided to the Grayson County Planning Director.
(K) This agreement shall not constitute an agreement for the provision of government functions or services by either party for the other, except for the specific subject matter hereof. The county shall maintain their control and enforcement of permits required in the ETJ concerning septic tank approvals, E9-1-1 addressing, and flood zone certifications.
(L) 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 Whitesboro Attn: Mayor 111 W. Main Street P.O. Box 340 Whitesboro, Texas 76273 | County of Grayson Attn: County Judge 100 W. Houston St. Sherman, Texas 75090 |
(M) In the event any section, subsection, paragraph, sentence, phrase, or word 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.
(N) 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 Grayson County, Texas. This agreement is performable in Grayson County, Texas.
(P) This agreement may be executed in identical counterparts, each of which shall be deemed an original and constitute one and the same instrument.
(Q) 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.
(R) 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.
(S) 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.
(T) This agreement is not intended to and does not extend the liability of the parties beyond that provided by law and does not constitute a joint enterprise for liability purposes. Neither the city nor the county waives any immunity or defense that would otherwise be available to it against claims by third parties.
(U) All rights, orders, approval, 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.
(V) A representative of Grayson County shall be invited to participate in the following meetings between the city and a developer: any pre- development reviews, any pre-submission reviews, any pre-construction meetings and any procedures to accept public infrastructure from the developer. Nothing in this provision is to interfere with a developer’s right to have a single review process within an ETJ.
(W) All private drives or access easements in the extraterritorial jurisdiction must be constructed to county road standards.
(X) Final plat approval does not include acceptance of streets and roads by the county for maintenance purposes. Street/road acceptance is by separate action of the court.
(Ord. 933, passed 8-9-05) Penalty, see § 153.999