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Home My WebLink AboutResolution No. 00-23CITY OF THE COLONY, TEXAS RESOLUTION NO. 00--0a CITY OF LEWISVILLE, TEXAS RESOLUTION NO. 2612-10-2000 (R) JOINT RESOLUTION OF THE CITY OF THE COLONY, TEXAS AND THE CITY OF LEWISVILLE, TEXAS APPROVING AN AGREEMENT CONCERNING COMMON BOUNDARIES AND EXTRATERRITORAL JURISDICTION AND AUTHORIZING THE EXECUTION THEREOF BY THE CITY MANAGER OF THE COLONY AND THE CITY MANAGER OF LEWISVILLE, TEXAS, AND PROVIDING FOR AN EFFECTIVE DATE HEREOF WHEREAS, the City Council of the City of The Colony, Texas, and the City Council of the City of Lewisville, Texas, desire to establish a boundary for the city limits and extraterritorial jurisdictions of each respective municipality; and WHEREAS, the terms of the agreement are contained in the attached Exhibit "A"; and WHEREAS, the respective governing bodies have determined that the execution of said agreement will promote the general health, safety and welfare of the inhabitants of the respective municipalities as well as the inhabitants of those areas which may be affected thereby; and WHEREAS, the City Council of The Colony and the City Council of Lewisville desire their respective City Manager to execute the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AND THE CITY COUNCIL OF THE CITY OF LEWISVILLE, TEXAS, THAT: Section 1. The City Council of The Colony and the City Council of Lewisville each authorize the execution of the Boundary Agreement attached hereto as Exhibit "A", and direct their respective City Manager to formally execute the agreement. Section 2. This Resolution shall serve to satisfy the requirements of Section 42.023 of the Local Government Code as consent to any reduction of extraterritorial jurisdiction resulting from the execution of the extraterritorial jurisdiction agreement, and the establishment of a common boundary line as authorized by Section 43.021 of the Local Government Code. Section 3. This Resolution shall become effective immediately upon passage by both governing bodies. - 1 - PASSED AND APPROVED BY CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, this 3KD day of 20000 ~fl I pF T/y'i~- k-Ji HN DULLARD, Mayor Pro-tem eu, ity of The Colony, Texas ~ ~ EST CHICKS, City Secretary City of The Colony, Texas APPROVED AS TO FORM AND LEGALITY: TIFFANY H ERTLING, City Attorney City of The Colony, Texas PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF LEWISVILLE, TEXAS, this 2nd day of October 1 2000. GENE CAREY, Mayor City of Lewisville, Texas ATTEST: fN,\ ~ lit MARTY HEND X, CMC/AAE, City Secretary, City of Lewisville, Texas APPROVED AS TO FORM AND LEGALITY: RONALD J. IMAN, City Attorney City of Lewisville, Texas -2- AN AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY, TEXAS AND THE CITY OF LEWISVILLE, TEXAS ESTABLISHING THEIR CONTIGUOUS EXTRATERRITORIAL JURISDICTIONS AND COMMON CITY LIMIT BOUNDARY LINE STATE OF TEXAS COUNTY OF DENTON KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT is entered into effective on the date of the last signature as set forth hereinbelow, by and between the CITY OF THE COLONY, TEXAS (hereinafter called "The Colony") and the CITY OF LEWISVILLE, TEXAS (hereinafter called "Lewisville"); WHEREAS, The Colony and Lewisville have become aware of an area of right of way between the common boundary between the respective city limits and extraterritorial jurisdictions of each city; and WHEREAS, The Colony and Lewisville desire to cooperate in the orderly annexation, platting, development, and the provision for public services of territory within their respective municipal boundaries, which orderly annexations, platting, development and the provision for public services should follow a common right of way line; and WHEREAS, The Colony and Lewisville have determined and agreed that an extraterritorial jurisdiction and boundary agreement defining the common boundary of the extraterritorial jurisdictions, as such is defined under Chapters 42 and 43 of the Local Government Code, and the existing common city limits boundary will serve and promote the general health, safety and welfare of the persons residing in The Colony and Lewisville. WITNESSETH: NOW, THEREFORE, for and in consideration of the premises and the mutual covenants contained hereinafter, the sufficiency of which is hereby acknowledged by the parties, The Colony and Lewisville agree as follows: 1. The extraterritorial jurisdiction and city limits of The Colony and Lewisville shall be mutually adjusted to form a common, contiguous boundary whereby Lewisville shall retain in its city limits or extraterritorial jurisdiction, as the case may be, and have the power and authority to annex property north and west to the common boundary line, and The Colony shall retain in its city limits or extraterritorial jurisdiction, as the case may be, and have power and authority to annex property south and east to the common boundary line. Agreement By and Between the City of The Colony and the City of Lewisville Texas -Page I The common boundary line shall commence all more particularly described in Exhibit A. 3. Any extraterritorial jurisdiction of either party which may exist by virtue of prior annexations shall be reduced and be limited by the boundary line described in Paragraph 2. 4. The Colony and Lewisville agree to give consent under applicable law to any reductions of extraterritorial jurisdiction required by this agreement. 5. Any prior annexations which extend over the agreed boundary line and affect the orderly regulation of traffic, the regulation of structures or the use of such area extending beyond said boundary line shall be disannexed upon request in writing by the affected municipality; provided, however, it is specifically agreed that Lewisville shall perpetually control the curb cuts, driveways, and all other pedestrian and vehicular access to that property south and east of State Highway 121 which abuts the boundary line described in Paragraph 2. 6. This Agreement embodies and constitutes the entire understanding between the parties with respect to the transactions contemplated herein, and this Agreement may not be modified except by an agreement in writing signed by the parties hereto, and approved by the respective governing bodies. 7. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Texas. 8. If any provision of this Agreement or the application thereof to any party or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement or the application of such provisions to other persons or circumstances shall not be affected thereby and shall be enforceable to the greatest extend permitted by law. 9. This Agreement may be executed in multiple counterparts, each of which shall be binding on the party executing and all of which shall be deemed originals, but such counterpart copies shall constitute one and the same instrument. 10. This Agreement shall be recorded in the Real Property Records of Denton County, Texas. SIGNED this PYdayof '2000. 1 ~y LAN AMBERT, City Manager City of The Colony, Texas Agreement By and Between the Citv of The Colony and the City of Lewisville. Texas - Page 2 ATTEST: PATTI HICKS, City Secretary <1~•°`` 'City of The Colony, Texas Q 0~ j7 TRROVED AS TO FORM AND LEGALITY: AERTLING, Cit ttorney City of The Colony, Texas SIGNED this 2nd day of October 2000. 6/7/elo /"'C~ CLAUDE KING, Cit anag City of Lewisville, Texas ATTEST: M " A~43 kAmm4tmm~ MARTY HEND , CMC/AAE, City Secretary, City of Lewisville, Texas APPROVED AS TO FORM: N~/~aC~7.C®t RONALD . NEIMAN, City Attorney City of Lewisville, Texas Agreement By and Between the City of The Colony and the City of Lewisville Texas -Page 3 STATE OF TEXAS COUNTY OF DENTON BEFORE ME, the undersigned authority, in and for said County, Texas, on this the day of 2000, personally appeared LANNY LAMBERT, City Manager of the CITY THE LONY, TEXAS, a Texas municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he has executed the same for the purposes and consideration therein expressed on behalf of said municipal corporation. rya RUTHANN DEVLIN WtMYFIRJC PATE OFTEIW 4 e"wnw" urnte$ @«o° MARCH 10. 2004 ..~..s..010"Ph-p+esaew,es,0r.s.ev g V o ary Public, State of Texas STATE OF TEXAS COUNTY OF DENTON 4A BEFORE ME, the undersigned authority, in and for said County, Texas, on this the 2 day of 00ZJ Ian , 2000, personally appeared CLAUDE KING, City Manager of the CITY OF LEWISVILLE, TEXAS, a Texas municipal corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he has executed the same for the purposes and consideration therein expressed on behalf of said municipal corporation. 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