HomeMy WebLinkAboutOrd 594-2012 Weston Post Judgment Settlement Agreement.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 594-2012
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, CONFIRMING AND
APPROVING A BOUNDARY CONTRACT WITH THE CITY OF
WESTON, TEXAS, ADJUSTING THE BOUNDARIES AND
EXTRATERRITORIAL JURISDICTION OF THE CITIES AND
PROVIDING FOR RELATED OBLIGATIONS OF THE CITIES;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Anna ("Anna") and the City of Weston ("Weston") (each
individually referred to as "City" and collectively referred to as the "Cities") are adjacent and
neighboring municipalities that currently share common and/or nearby boundaries, and are
empowered by State law and the Constitution to establish their respective incorporated areas and
extraterritorial jurisdiction ("ETJ"); and
WHEREAS, Anna and Weston have each agreed to release certain portions of their ETJ
and/or incorporated areas to and for the benefit of the other City (hereinafter 'Released
Boundaries") in exchange for the mutual commitment of the other City to refrain from further
litigation involving the various boundaries and ETJ of the Cities; and
WHEREAS, the Cities seek to avoid conflicts and uncertainty relative to the extent and
location of their respective incorporated areas and ETJ, and the potential for further litigation
involving the same; and
WHEREAS, the Cities each desire to approve by ordinance a Boundary Contract,
attached to this ordinance as Exhibit "A" and incorporated herein by reference (hereinafter
"Boundary Contract") which confirms and adjusts the respective ETJ boundaries of and between
the Cities as set forth in the Boundary Contract and in its attached boundary map ("Boundary
Map") which depicts both the ETJ boundaries being released by each City to the other and the
ETJ boundaries being established by the Boundary Contract; and
WHEREAS, each of the Cities has reviewed their respective incorporated areas and ETJ
based upon their respective populations, Chapter 42 of the Texas Local Government Code, and
the location of the Released Boundaries and has determined that such tracts would be better
served by the municipal services of these Cities as reflected in the attached Boundary Contract;
and
WHEREAS, the Cities find and determine it necessary for the health, safety and welfare
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Judgment Settlement and Agreement
of their residents to confirm boundaries and make certain agreements and adjustments regarding
their respective corporate boundaries and ETJ; and
WHEREAS, the Boundary Contract is made under the authority granted by and pursuant
to Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended,
providing for the cooperation between local governmental bodies, for governmental purposes
and the Cities each agree that this Boundary Contract involves governmental functions and
services under the Texas Interlocal Cooperation Act; and
WHEREAS, the respective meeting(s) at which this ordinance is considered are open to
the public as required by law, and the public notice of the time, place and purpose of said
meeting(s) was given as required by Chapter 551, Texas Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ANNA, TEXAS, THAT:
Section 1. The City Council of the City of Anna finds that the above and foregoing recitals
are true and accurate and are hereby incorporated for all purposes as official findings of the City
Council of the City of Anna.
Section 2. The terms and conditions of the Boundary Contract, attached as Exhibit "A," are
hereby approved, authorized, and accepted, which adjust the respective boundaries and ETJ of
the Cities, as more specifically set forth in the Boundary Map attached and incorporated therein
as Exhibit 1. The Mayor is hereby authorized and directed to execute this ordinance and execute
and deliver the Boundary Contract to the City of Weston.
Section 3. The City Council of the City of Anna shall take all appropriate action necessary to
effectuate the terms of this ordinance and the Boundary Contract approved hereby and through
the adoption of an official map ("Official Map") showing the respective boundaries and ETJ as
required by Section 41.001 of the Texas Local Government Code consistent with the Boundary
Map within sixty (60) days after the Effective Date of the Boundary Contract. The Official Map
of the City of Anna shall be filed with the Collin County Cleric within thirty (30) days of the
adoption of the City's Official Map, and a copy of this ordinance shall be filed by the City within
thirty (30) days after the effective date of the Boundary Contract, in the deed records of Collin
County.
Section 4. All prior annexations or actions by the City of Anna in conflict with the boundary
areas agreed to between the Cities as reflected in the Boundary Map are hereby rescinded,
voided, and repealed according to law to the extent of such conflict.
Section 5. If any section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be unconstitutional or unlawful, such holding shall not affect the validity of the
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Judgment Settlement and Agreement
remaining provisions of this ordinance.
Section 6. This ordinance approving the Boundary Contract shall only become effective
upon the adoption by ordinance of the Boundary Contract by the City of Weston.
DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of
Anna, Texas, on this the 25TH day of September, 2012.
ATTEST:
w0jIV—"Ae'
Nat a Wil cison
Cit Secretary of the City of Anna, Texas
APPROVED AS TO FORM:
Clark McCoy,
City Attorney of the City of Anna, Texas
CITY OF ANNA, TEXAS
Mayor of the City of Anna, Texas
Ord. 594-2012 Weston Post Page 3 of 4 09-25-12
Judgment Settlement and Agreement
EXHIBIT "A"
Boundary Contract
Ord. 594-2012 Weston Post Page 4 of 4 09-25-12
Judgment Settlement and Agreement
Boundary Contract
This Boundary Contract, effective as of the date last executed hereinbelow (the
"Effective Date"), is entered into by and between the City of Anna, a home rule municipality
located in Collin County, Texas ("Anna"), and the City of Weston, a general law municipality
located in Collin County, Texas ("Weston") (each individually referred to as "C�" or "Party"
and collectively referred to as the "Cities" or "Parties"), each acting by and through their duly
authorized representatives.
WHEREAS, Anna and Weston are adjacent municipalities that currently have certain
common or nearby boundaries and said Cities are empowered by state law and the
Constitution to establish their respective incorporated areas and extraterritorial jurisdictions
("ETJs" and singularly "ETJ" ); and
WHEREAS, Anna and Weston have agreed to release certain portions of their ETJs to
the other; and
WHEREAS, the Cities seek to avoid conflicts and uncertainty regarding the extent and
location of their respective incorporated areas and ETJs, and further litigation involving the
same; and
WHEREAS, each of the Cities has reviewed their respective incorporated areas and
ETJs, and the location of any such areas released hereunder and each City has determined
that the areas released would be better served by the municipal services of each City as set
forth herein; and
WHEREAS, the Cities find and determine it necessary for the health, safety and
welfare of their inhabitants to confirm and/or make certain adjustments regarding their
respective boundaries as set forth herein; and - - - -
WHEREAS, this Boundary Contract is made under the authority of the Cities operating
under applicable law and as granted by and pursuant to applicable provisions in Chapters 42
and 43 of the Texas Local Government Code, as amended, providing for boundary
agreements and/or Chapter 791 of the Texas Government Code, as amended, providing for
the cooperation between local governmental bodies for beneficial governmental purposes;
and
WHEREAS, the Cities have or will submit to their respective governing bodies
companion ordinances approving this Boundary Contract which, together, confirm and adjust
the incorporated areas and/or ETJs of the Cities, as set forth herein and as depicted in the
attached boundary map ("Boundary Map") which depicts the areas being released by each
City to the other, and certain other boundaries, said Boundary Map being labeled and
attached hereto as Exhibit 1 and incorporated herein by reference;
NOW THEREFORE, for and in consideration for the mutual covenants and
agreements contained herein, the Cities agree as follows:
The above and foregoing premises are true and correct and are incorporated herein
and made a part hereof for all purposes.
SECTION 2
OBLIGATIONS AND AGREEMENTS OF THE CITIES
2.01 Release of ETJs.
(a) Weston forever releases:
(1) any portion of its ETJ and/or incorporated areas that are located within any
portion of the areas marked "Area – A" or "Area – C" on the Boundary map to
Anna for inclusion into Anna's ETJ (present or future), and/or Anna's
incorporated area (present or future); and
(2) any claim(s) whatsoever—present or future, known or unknown --that all or any
portion of the areas marked "Area – A" or "Area – C" on the Boundary Map are
within Weston's ETJ or its incorporated area.
(b) Anna forever releases:
(1) any portion of its ETJ and/or incorporated areas that are located within any
portion of the area marked "Area – B" on the Boundary map to Weston for
inclusion into Weston's ETJ (present or future), and/or Weston's incorporated
area (present or future); and
(2) any claim(s) whatsoever—present or future, known or unknown—that all or any
portion of the area marked "Area – B" on the Boundary Map are within Anna's
ETJ or its incorporated area.
2.02 Restrictions on Incorporation ETJ Expansion and Authority to Regulate.
(a) The Cities covenant and agree that from and after the approval and execution of
this Boundary Contract and adoption of the above -referenced companion
ordinances by each of the respective Cities:
(1) Weston shall never incorporate any area within, or expand its ETJ into, any
portion of the areas marked "Area – A" or "Area – C" on the Boundary Map; and
(2) Anna shall never incorporate any area within, nor expand its ETJ into, any
portion of the area marked "Area – B" on the Boundary Map.
(b) Weston acknowledges and agrees that it will not challenge the validity of any
annexation or ETJ expansion by Anna in any portion of the area marked "Area – A"
or "Area – C" on the Boundary Map.
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(c) Weston shall at no time assert any police powers or other governmental powers in
the area(s) that Weston is releasing herein without Anna's written consent
expressed by ordinance.
(d) Anna shall at no time assert any police powers or other governmental powers in
the area(s) that Anna is releasing herein without Weston's written consent
expressed by ordinance.
(e) Except as restricted under this Boundary Contract, the Cities may otherwise
expand their respective incorporated areas and ETJs in accordance with state law.
2.03 Official Map.
(a) Weston represents that the map being labeled and attached hereto as Exhibit 2
shows most of Weston's claimed incorporated area and ETJ prior to the date that
Weston's duly authorized representative executed this Boundary Contract.
Inclusion of said Exhibit 2 is for reference only, to generally demonstrate Weston's
claim prior to the Effective Date. In the event of any conflict between Exhibit 2 and
Exhibit 1, it shall be Exhibit 1 that prevails with respect to the agreed boundaries
between the Cities. Any errors or inaccuracies with regard to any of the information
shown in Exhibit 2 shall in no way affect the meaning or validity of this Boundary
Contract. Without limiting the foregoing, the line(s) shown in Exhibit 2 that are
labeled "Ultimate Mutual Boundary Agreements" are not intended to and do not
form any type of boundary between the Cities that are parties to this Boundary
Contract, it being the intention of the Cities that upon the Effective Date and
thereafter the boundaries between the Cities shall be solely as set forth in Exhibit 1
and as such boundaries may thereafter be modified in accordance with state law
and this Boundary Agreement.
(b) Anna represents that the map being labeled and attached hereto as Exhibit 3
shows most of Anna's claimed incorporated area and ETJ prior to the date that
Anna's duly authorized representative executed this Boundary Contract. Inclusion
of said Exhibit 3 is for reference only, to generally demonstrate Anna's claim prior
to the Effective Date. In the event of any conflict between Exhibit 3 and Exhibit 1, it
shall be Exhibit 1 that prevails with respect to the agreed boundaries between the
Cities. Any errors or inaccuracies with regard to any of the information shown in
Exhibit 3 shall in no way impact the validity of this Boundary Contract.
(c) Within sixty (60) days after the Effective Date, the respective governing bodies of
the Cities shall take all appropriate action necessary to effectuate the terms of this
Boundary Contract through the adoption of respective official maps ("Official Map")
showing each City's respective Boundaries and ETJ. The Official Map of each City
shall show the boundaries of their respective incorporated areas and ETJ in a
manner that does not conflict with the Boundary Map.
(d) The Official Map of each City shall be filed by each City with the Collin County
Clerk within thirty (30) days after adoption of that City's Official Map; and, each City
shall file a copy of its ordinance adopting and authorizing the execution of this
Boundary Contract within thirty (30) days after the Effective Date of this Boundary
Contract, in the deed records of Collin County.
(e) The failure of the Cities or either one of them to adopt an Official Map or timely file
an Official Map or ordinance shall not hinder or impact the validity of this Boundary
Contract or the validity of either City's incorporated areas and/or ETJs as adjusted
by this Boundary Contract.
2.04 Agreed Judgment. Within thirty (30) days after the Effective Date of this Boundary
Contract, the Parties shall cause to be filed a proposed agreed judgment in the lawsuit
styled City of Anna, Texas v. City of Weston, Texas, Cause No. 380-02570-2011, now
pending in the 380th Judicial District of Collin County, Texas ("Agreed Judgment").
Said Agreed Judgment will incorporate the essential terms of this Boundary Contract,
including the Boundary Map, and the Parties agree that the terms of this Boundary
Contract will therefore be fully enforceable by the court. To the fullest extent under law,
the failure for any reason of the Parties to seek said Agreed Judgment, and/or the
failure of the Court to enter said Agreed Judgment shall not hinder or impact the
validity of this Boundary Contract or the validity of either City's incorporated areas
and/or ETJs as adjusted by this Boundary Contract. The Parties further agree that
each shall bear its own costs, attorney's fees and expenses related to the Agreed
Judgment and the lawsuit identified above.
2.05 Prior Actions Repealed, Releases. The Cities covenant and agree that all prior
ordinances, resolutions, annexations, agreements, or actions by the Cities or either of
them in conflict with this Boundary Contract are hereby rescinded, voided, and
repealed only to the extent of such conflict, and the Cities relinquish any conflicting
ETJ under Texas Local Government Code Section 42.023, as amended. Except to
the extent required to enforce the terms and provisions of this Boundary Contract,
each City fully waives and releases any and all past and current claims of every
conceivable nature against the other City and their respective City Council members,
officers, officials, employees, agents, attorneys, and representatives regarding this
Boundary Contract, the ordinance adopting and authorizing this Boundary Contract,
any and all incorporated areas, ETJs, and annexation issues, claims, demands,
controversies or causes of action between the Cities—to the extent any of such claims
would conflict with any of the terms or provisions of this Boundary Contract --including
but not limited to any challenges involving the type of municipality of either City, and
including but not limited to any claim under the Declaratory Judgment Act.
2.06 Anna City Limits. The Cities further recognize that this Boundary Contract does not
include or incorporate metes and bounds descriptions of any areas affected by this
Boundary Contract and the Parties covenant and agree to determine and establish the
final and precise ETJs and boundaries of their respective incorporated areas as
depicted on the Boundary Map along property lines, waterways, and public roads
wherever practicable, and to use their best efforts to resolve issues relating to the
fixing or setting of the exact location of the incorporated areas and ETJs, if same
should become necessary, in a manner that is consistent with the Boundary Map.
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SECTION 3
TERM / CONSIDERATION
3.01 Term. The term of this Boundary Contract shall be permanent unless amended in
accordance with the provisions of this Boundary Contract.
3.02 Consideration. The Cities covenant and agree that the mutual covenants and
agreements contained herein, and the actions taken by each of the Cities in fulfilling its
agreements hereunder are good and valuable consideration for this Boundary
Contract. The Cities further agree that the ETJ boundary and other boundary
adjustments made hereunder constitute additional good and valuable consideration
and serve the valid governmental purpose of establishing and confirming municipal
incorporated areas and ETJs serving to allow for more efficient and effective provision
of governmental services than would otherwise be practicable.
SECTION 4
GENERAL PROVISIONS
4.01 Default. In the event of a claimed breach of this Boundary Contract, written notice of
the breach shall be given by the other City to the allegedly breaching City, with a thirty
(30) -day opportunity to cure any claimed breach. If the claimed breach is not
remedied within the thirty (30) -day period, the City claiming the breach may pursue
only injunctive relief, specific performance, or a suit for declaratory judgment. The
Cities waive and release all other remedies, including but not limited to claims to
attorney's fees and expenses related to any claim or cause arising from the claimed
breach.
4.02 Additional Documents. The Cities agree to cooperate fully and in good faith to execute
any and all supplementary documents and to take all actions which are reasonably
necessary to give full force and effect to the basic terms of this Boundary Contract.
4.03 Relationship of Parties. The Parties understand and agree that each of the Cities
performing obligations required by this Boundary Contract is acting as an independent
entity and that the execution of this Boundary Contract shall not be construed as
creating a joint venture or agency relationship by or between the Cities. Each Party
hereto is an independent governmental entity acting pursuant to the state laws and
local ordinances regulating its conduct, and by execution of this Boundary Contract,
the Parties make no representations regarding the validity of the actions taken by the
other Party hereto.
4.04 Third Party Beneficiaries. Nothing in this Boundary Contract shall be construed to
create any right in any third party who is not a signatory to this Boundary Contract, and
the Parties do not intend to create any third party beneficiaries by entering into this
Boundary Contract.
4.05 Immunity. Nothing in this Boundary Contract shall be deemed a waiver of the
governmental, sovereign, or official immunity afforded by law to the Cities and their
officials and agents, either individually or collectively. The Parties stipulate that this
41
Boundary Contract is not subject to the terms of Local Government Code Ch. 271,
Subchapter I.
4.06 Notices. All written notices required under this Boundary Contract must be hand
delivered with signature receipt or sent by certified mail (return receipt requested)
addressed to the proper Party at the following addresses:
City of Anna:
Attention: City Manager, City of Anna
Address: 111 N. Powell Parkway
Anna, TX 75409
With a copy to City Attorney:
City of Weston:
Clark McCoy
2591 Dallas Parkway
Suite 205
Frisco, TX 75034
Attention: Mayor, City of Weston
Address: 301 Main Street
Weston, TX 75097
With a copy to City Attorney: Bryn Meredith
6000 Western Place
Suite 200
Fort Worth, TX 76107
Each Party may change the address to which notices are sent by giving the other
Party ten days' written notice of the new address in the manner provided by this
paragraph.
4.07 Capacity. Each of the signatories below hereby represents that this Boundary
Contract has been approved by his or her City Council and that he/she has full
capacity and authority to sign this Boundary Contract on behalf of his/her City.
4.08 Waiver of Breach. Forbearance or waiver of one or more instances of breach of this
Boundary Contract by any Party shall not constitute a continuing forbearance or a
waiver of any subsequent breach of this Boundary Contract.
4.09 Applicable Law. This Boundary Contract shall be construed under, and in accordance
with the laws of the State of Texas.
4.10 Legal Construction/Severability. In case any section, article, paragraph, provision,
sentence, clause, phrase or word contained in this Boundary Contract shall for any
reason be held by a court of competent jurisdiction to be invalid, illegal, or
unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision of this Boundary Contract, and this Boundary Contract shall
be construed as if the invalid, illegal, or unenforceable provision had not been included
in this Boundary Contract. Such holding shall not affect the validity of the remaining
portions of this Boundary Contract, and the respective governing body of each of the
Cities hereby declares it would have passed and approved such remaining portions of
this Boundary Contract despite such invalidity, which remaining portions shall remain
in full force and effect. The Parties expressly agree that if, as of the Effective Date of
this Boundary Contract, any portion of the incorporated areas or ETJ of either City
shown on the Boundary Map is within the incorporated areas or ETJ of any other city
that is not a Party to this Boundary Contract, the remainder of the Boundary Contract
shall remain in full force and effect as if such property had not been included.
4.11 No Actions Inconsistent with this A rcreeement. Neither Anna nor Weston shall release
any portion of their incorporated areas or extraterritorial jurisdiction that is in any way
inconsistent with the Boundary Contract and Boundary Map—including but not limited
to release of the areas depicted as "Area — A" and/or "Area — B" and/or "Area — C" as
depicted on the Boundary Map—to any city or other governmental entity that is not a
party to this Boundary Contract.
4.12 Entire Agreement. This Boundary Contract constitutes the sole and entire agreement
of the Cities and supersedes any prior understandings or written or oral agreements
between the Cities relating to the subject matter of this Boundary Contract. No verbal
agreement or conversation with any officer, agent or employee of either City before or
after the execution of this Boundary Contract shall affect or modify any of the terms or
obligations herein contained.
4.13 Construction. This Boundary Contract has been negotiated by the Parties and shall be
deemed drafted equally by the Parties hereto. The language of all parts of this
Boundary Contract shall be construed as a whole according to its fair meaning, and
any presumption or principle that the language herein is to be construed against any
Party shall not apply.
4.14 Amendment. No amendment, modification, or alteration of the terms of this Boundary
Contract shall be binding unless it is in writing, dated subsequent to the date of this
Boundary Contract; duly approved by ordinance by the City Councils of Anna and
Weston; and executed by the authorized representative of those the Cities as a
modification to this Boundary Contract. However, a City may adjust its boundaries with
another city without the written consent of the other Party to this Boundary Contract, if
and only if the adjustment is not inconsistent with the Boundary Contract and
Boundary Map.
4.15 Counterparts. This Boundary Contract may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
7
CITY OF ANNA,
DATE EXECUTED:
ATTEST:
41- - A)J Li'v
N ha Wilkison, City Secretary
City of Anna, Texas
APPROVED AS TO FORM:
Clark McCoy, City Attorney
City of Anna, Texas
Gael Crist, Mayor
of Anna, Texas
DATE EXECUTED
ATTEST:
W
Kay Loke , City Secret
City of Weston, Texas
/0-a-Ia-
APPROVED AS TO FORM:
Bryn Meredith, City Attorney
City of Weston, Texas
CITY OF WESTON, TEXAS
4",
Patti Harrington, May
City of Weston, Texas
9
EXHIBIT 2
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ORDINANCE NO. 2012-10-01
AN ORDINANCE OF THE CITY OF WESTON, TEXAS,
APPROVING A SETTLEMENT AGREEMENT WITH THE CITY OF
ANNA, TEXAS, DEFINING PARTIAL BOUNDARIES AND
EXTRATERRITORIAL JURISDICTIONAL LIMITS OF THE
RESPECTIVE CITIES; AUTHORIZING THE MAYOR TO
EXECUTE THE SETTLEMENT AGREEMENT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Weston, Texas ("Weston") is a Type A general -law
municipality located in Collin County, created in accordance with the provisions
of Chapter 6 of the Local Government Code and operating pursuant to the
enabling legislation of the State of Texas; and
WHEREAS, the City of Anna is a home rule municipality located in Collin
County, Texas ("Anna") and
WHEREAS, Weston and Anna (collectively, the "Cities") are adjacent
municipalities that currently have certain common or adjacent boundaries and
said Cities are empowered by state law and the Constitution to establish their
respective incorporated areas and extraterritorial jurisdictions ("ETJs" and
singularly "ETJ"); and
WHEREAS, the Cities seek to avoid conflicts and uncertainty regarding
the extent and location of their respective incorporated areas and ETJs, and
further litigation involving the same; and
WHEREAS, in furtherance of the foregoing, the Cities have agreed to
release certain portions of their ETJs to the other pursuant to that certain
settlement agreement by and between the Cities, attached hereto and
incorporated herein as Exhibit "A," ("Settlement Agreement"); and
WHEREAS, each of the Cities has reviewed their respective incorporated
areas and ETJs, and the location of any such areas released and each City has
determined that the areas released would be better served by the municipal
services of the other City; and
WHEREAS, the City Council of the City of Anna has previously approved
the Settlement Agreement; and
WHEREAS, the City Council of the City Weston finds and determines it
necessary for the health, safety and welfare of its inhabitants to confirm and/or
make certain adjustments regarding its boundaries as set forth in the Settlement
Agreement; and
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WHEREAS, the Settlement Agreement is made pursuant to applicable
provisions of Chapters 42 and 43 of the Texas Local Government Code, as
amended, providing for boundary agreements and/or Chapter 791 of the Texas
Government Code, as amended, providing for the cooperation between local
governmental bodies for beneficial governmental purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WESTON, TEXAS:
SECTION 1.
That the City Council hereby approves the Settlement Agreement by and
between the City of Weston and the City of Anna attached to this ordinance as
Exhibit "A;" and authorizes the Mayor to execute the Agreement.
SECTION 2.
EFFECTIVE DATE
This ordinance shall be in full force and effect from and after its date of
passage and it is so ordained.
PASSED AND APPROVED this day of 6k') , 2012
Patfi Harrington, Mayor
ATTEST:
Kay Lo y, ity c tary
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EXHIBIT "A"
SETTLEMENT AGREEMENT
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