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Home My WebLink AboutRes 2006-09-01 Authorizing Entering into a Bounday Line Settlement Agreemant with City of Van AlstyneRESOLUTIONNO. a006- v9 -of RESOLUTION AUTHORIZING THE CITY OF ANNA TO ENTER INTO A BOUNDARY LINE SETTLEMENT AGREEMENT WIifH THE CITY OF VAN ALSTYNE WHEREAS, the cities of Arma and Van Alstyne are adjacent cities; and WIIEREAS, the Cities have a mutual boundary in the form of both abutting city limits and adjacent extraterritorial jurisdiction, and good goverrunental services to the residents of both Cities includes coordination of traffic, engineering and planning services along and affecting the mutual boundary; and WHEREAS, Section 43.031 of the LOCAL GOVERNMENT CODE, Texas Revised Civil Statutes, authorizes adjacent municipalities to make mutually agreeable changes in their boundaries and to agree among themselves as to the correct designation of possible overlapping extraterritorial jurisdiction; and WHEREAS, Anna and Van Alstyne desire to enter into this Agreement designating the ultimate boundary line between the two cities so that each of them can plan for the provision of future governmental services and functions; and WHEREAS, the Cities have each determined that entering into this Agreement is in the best interest of the public health, safety and welfare and aids in performance of important governmental functions. NOW THEREFORE, the City of Anna, Texas, acting by and through its City Council, does hereby resolve that: The City Manager of the City of Alma, Texas is hereby authorized to execute on behalf of the City of Anna that certain Boundary Line Settlement Agreement which is attached hereto as Exhibit A and to tender the same to the City of Van Alstyne as an offer of settlement with a request that the City Council of the City of Van Alstyne accept the same. This Resolution is approved by the City Council of the City of Anna, Texas, in a meeting held on the _/ day of September, 2006. ayor, City of Anna, Texas Seeretar� City of Anna, Texas iu nn,n, _"," OF A�yo. r1:1Mun@iptllAnnemewiution re boundary line agreement with VA.wpd ? V• BOUNDARY LINE SETTLEMENT AGREEMENT STATE OF TEXAS § COUNTIES OF: § KNOW ALL ME BY THESE PRESENTS: GRAYSON AND COLLIN § THIS Boundary Line Settlement Agreement ("Agreement") is made and entered into by and between the City of Van Alstyne, Texas ("Van Alstyne") and the City of Anna, Texas ("Anna") (collectively the "Cities"). WHEREAS, Van Alstyne and Anna are adjacent cities; and WHEREAS, the Cities have, a mutual boundary in the form of both abutting city limits and adjacent extraterritorial jurisdiction, and good governmental services to the residents of both Cities includes coordination of traffic, engineering and planning services along and affecting the mutual boundary; and WHEREAS, Section 43.031 of the LOCAL GOVERNMENT CODE, Texas Revised Civil Statutes, authorizes adjacent municipalities to make mutually agreeable changes in their boundaries and to agree among themselves as to the correct designation of possible overlapping extraterritorial jurisdiction; and WHEREAS, Van Alstyne and Anna desire to enter into this Agreement designating the ultimate boundary line between the two cities so that each of them can plan for the provision of future governmental services and functions; and WHEREAS, the Cities have each determined that entering into this Agreement is in the best interest of the public health, safety and welfare and aids in performance of important governmental functions. NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties hereto agree as follows: 1. Van Alstyne and Anna agree that their ultimate common boundary lines shall meet or be located at the points and along the lines more specifically set out in Exhibit "A" attached hereto and incorporated herein for all purposes and intents. 2. Van Alstyne and Anna agree that their present overlapping extraterritorial jurisdiction shall be divided between them as set forth in Exhibit "A" attached hereto and incorporated herein for all purposes and intents. BO UNDARY LINE .SETTLEMENT AGREEMENT VAN ALSTYNE V. ANNA.2006 Page 1 3. Van Alstyne hereby discontinues and relinquishes from its corporate limits and extraterritorial jurisdiction any territory which is currently beyond the boundary line or area described in Exhibit "A" as being in the corporate limits or extraterritorial jurisdiction of Anna, if any, and adjusts its corporate limits and extraterritorial jurisdiction accordingly. 4. Anna hereby discontinues and relinquishes from its corporate limits and extraterritorial jurisdiction any territory which is currently beyond the boundary line or area described in Exhibit "A" as being in the corporate limits or extraterritorial jurisdiction of Van Alstyne, if any, and adjusts its corporate limits and extraterritorial jurisdiction accordingly. 5. Van Alstyne and Anna agree that their future annexations will not conflict with the terms and intent of this Agreement and that neither will attempt to annex or claim territory or extraterritorial jurisdiction contrary to the terms of this Agreement. 6. Van Alstyne and Anna agree that this Agreement repeals and replaces any prior ordinances or agreements between the Cities, but only to the extent that such prior ordinances or agreements conflict with this Agreement. 7. Van Alstyne and Anna acknowledge and consent to any proposed adjustment of the other city's territory and boundaries to comply with this Agreement and agree that neither party, as a result of the mutual execution of this Agreemdnt, now encroaches over the ultimate boundary'line. Van Alstyne and Anna agree that they will not, in the future, encroach upon the other parties' area beyond the agreed boundary line or apportioned extraterritorial jurisdiction as adjusted herein without the express written consent of the other. 8. The Cities each agree to take all steps legally necessary, if any, to adjust their respective ultimate boundaries and extraterritorial jurisdiction to resolve any discrepancy or ambiguity in any prior map, agreement or ordinance to reaffirm the intent of this Agreement. 9. This Boundary Line Settlement Agreement is executed on behalf of the respective cities by their respective City Managers as authorized by.resolutions of the City Councils of the respective cities, which were duly passed. EXECUTED IN MULTIPLE COPIES this � day of fT Q �g�r , 2006. (signatures on following page) BOUNDARY LINE SETTLEMENT AGREEMENT VAN ALSTVNE V. ANNA.2006 Mage 2 ATTEST: ity Secretary ATTEST: City Secretary BOUNDARYLINE SETTLEMENT AGREEMENT VAN ALSTYNE V. ANNA.2006 CITY OF VAN ALSTYNE f k fir`,City Manager Page 3 : l n Transmission Result Report(Immediate TX) ( Nov,16, 2006 11:10AM ) * 1) City of Anna Texas 2) File Date Time Destination Mode TXtime Page Result Pers, Name No, ---------------------------------------------------------------------------------------------------- Nov.16. 11:02AM 9035643320 G3TES 7"34" P. 5 OK 3185 # Batch C Confidential $ Transfer P Polling M Memory L Send later @ Forwarding E ECM S Standard D Detail F Fine U Super Fine Reduction H Stored/D.Server * LAN—Fax EXHIBIT Mutual Boundary Line Van Alstyne ETJ Anna'ETJ