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45. RESOLUTION NO. 2002-.2LR A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS APPROVING AN INTERLOCAL COOPERATION AGREEMENT WITH GUADALUPE COUNTY REGARDING THE REVIEW AND APPROVAL OF PLATS OF SUBDIVISIONS IN THE CITY'S EXTRATERRITORIAL JURISDICTION WITHIN GUADALUPE COUNTY; AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The City has duly identified its corporate limits and the areas of its extraterritorial jurisdiction (hereinafter referred to as "ETJ" or the "City's ETJ") within Guadalupe County (the "County"). 2. The City has adopted and is enforcing subdivision regulations pursuant to TEX. LOCAL GOy'T CODE Chapter 212 and other statutes applicable to municipalities, and the COlmty has adopted and is enforcing subdivision regulations pursuant to TEX. LOCAL GOy'T CODE sections 232.001- 232.005 and other statutes applicable to counties. 3. The County and the City, pursuant to TEX. LOCAL GOy'T CODE Section 242.001, have both enforced their subdivision regulations in the City's ETJ and, in those situations where the City's regulation conflicted with the County's regulation, the more stringent provisions have prevailed. 4. The Texas Legislature has recently revised TEX. LOCAL GOy'T CODE Chapter 242 (7ih Leg., Ch. 1028 [H.B. No. 1445]) to limit subdivision regulation within the ETJ to one entity. 5. Under TEX. LOCAL GOy'T CODE Chapter 242, the County and the City are required to enter into a written agreement on or before April 1, 2002 that identifies the governmental entity authorized to regulate subdivision plats and approve related permits in the ETJ of the City within the County. 6. The County and City have negotiated the attached lnterlocal Cooperation Agreement (the "Agreement"), the purpose of which is not to adopt or enact new requirements or regulations for subdivisions, but rather to fulfill the intent of the recent revisions to TEX. LOCAL GOy'T CODE Chapter 242, to reduce "unnecessary expenses and delays for property owners because municipalities and counties have different standards, requirements, and levels of authority over subdivisions" (77th Leg., Ch. 1028 [H.B. No. 1445], bill analysis). 7. To the extent that the City's execution of the Agreement and related agreements with other counties in other areas ofthe City's ETJ, or the City's adoption, administration or enforcement of ordinances, rules, regulations or plans in reasonable furtherance of the Agreement or the related agreements results in requirements or restrictions that are not identical throughout the City's entire