Ordinance 2009-05 ORDINANCE NO. 2009-05
....
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CONFIRMING
AND APPROVING AN INTERLOCAL BOUNDARY AND ETJ
CONTRACT SETTING FORTH THE CORPORATE BOUNDARIES,
EXTRATERRITORIAL JURISDICTION AND AREAS RESERVED
FOR EXPANSIOIV; PROVIDING FOR CERTAIN AGREEMENTS AND
ADJUSTMENTS TO THE BOUNDARIES AND EXTRATERRITORIAL
JURISDICTION OF THOSE CITIES; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The Cities of Lavon, Nevada, Wylie, Rockwall and Gazland (collectively
referred to as the "Cities") are adjacent and neighboring municipalities that currently, or will in
the future, share common boundaries, and that are empowered by state law and the Constitution
to establish their respective corporate boundaries; and
WHEREAS, Garland has agreed to release certain portions of its extraterritorial
jurisdiction to the benefit of the other Cities (hereinafter "Released Boundaries") and to disannex
certain property and/or annex certain property, in exchange for the commitment of the other
C'ities to refrain from annexing any property within Garland's extraterritorial jurisdiction without
the consent of Garland and to refrain from litigation involving the various boundaries and
extraterritorial jurisdiction ("ETJ") of the Cities; and
._..
WHEREAS, the Cities seek to avoid conflicts and uncertainty relative to the extent and
l�cation of their respective corporate limits and ETJ; and the potential for litigation involving the
same; and
WHEREAS, the Cities each desire to approve by ordinance an Interlocal Boundary and
F?TJ Contract attached and incorporated herein as Exhibit A(hereinafter "Boundarv Contract')
wwhich confirms and adjusts their respective corporate boundaries, ETJ and areas reserved for
expansion; and
WHEREAS, each of the Cities has reviewed their respective corporate boundaries and ETJ
L�ased upon their respective populations, Chapter 42 of the Texas Local Government Code, and
the location of the Released Boundaries and has deteimined that such tracts would be better
served by the municipal services of the Cities as reflected in the attached Boundary Contract; and
WHEREAS, the Cities find and determine it necessary for the health, safety and welfare of
fheir 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 [nterlocal Cooperation Act, Article 791 of the Texas Government Code, as amended,
providing for the cooperation between local governmental bodies, for beneficial governmental
"" F�urposes; and
Ordinance No. 2009-OS
Joint Boundary Agreement
(:ities of Wylie, Lavon, Nevada, Rockwall and Garland
(
WHEREAS, the Cities have each agreed to submit to their respective goveming bodies an
� ordinance approving the Boundary Contract which confirms and adjusts their respective
c�rporate boundaries and ETJ as set forth in the Boundary Contract and in its attached Boundary
and Proposed ETJ Map attached thereto and incoiporated herein as Attachment 1 to the
Boundary Contract (the "Boundarv Mau"), together with individual maps of Rockwall, Wylie,
1�levada and Lavon attached thereto and incorporated herein as Attachments 2-through 5 to the
Boundary Contract (collectively referred to as "Boundarv Maps"); 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 was given as required by Chapter 551, Texas Government Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
UF WYLIE, TEXAS:
Section 1. The City Council of the City of Wylie 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 Wylie.
Section 2. The terms and conditions of the Boundary Contract, attached as Exhibit A, are
liereby approved, authorized and accepted, which confirm and adjust the respective corporate
boundaries, ETJ and areas reserved for expansion of Lavon, Nevada, Wylie, and Rockwall, as
�- more specifically set forth in the Boundary Maps attached and incorporated therein as
Attachments 1 through 5. The Mayor is hereby authorized and directed to execute this
�rdinance and execute and deliver the Boundary Contract to the other Cities for consideration
,and execution. -
Section 3. The City Council of the City of Wylie shall take appropriate action to
�effectuate the terms of this Ordinance and the Boundary Contract approved hereby 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. The Official Map of the City of Wylie shall be filed with the appropriate county clerk
within thirty (30) days of the adoption of the City's Official Map, and a copy of this Ordinance,
after the effective date, shall be filed in the deed records of the appropriate county clerk.
Section 4. All prior annexations or actions by the City of Wylie in conflict with the
boundaries reflected in the Boundary Maps are hereby rescinded, voided, and repealed to the
extent of that conflict, and the City of Wylie relinquishes any conflicting ETJ under Texas Local
Government Code section 42.023.
Secdon 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 remaining provisions of this Ordinance.
Ordinance No. 2009-OS
Joint Boundary Agreement
Cities of Wylie, Lavon, Nevada, Rockwall and Garland
�
Section 6. This Ordinance approving the Boundary Contract shall only become et�ective
"""' upon the adoption by ordinance of the Boundary Contract by the cities of Lavon, Nevada,
R�ockwall, Wylie, and Garland.
DULY PASSED, APPROVED AND ADOPTED by the City Council of the City of
V�ylie, Texas, this 2"� day of February, 2009.
�
Eric Hogue, a o
� �� ��
A,TTEST: ` ���vr �p
� •
C' ole Ehrlic , City Secretary
�'��
,,,,,,, �PPROVED AS TO FORM: � A����►
-,
I _..� y /�,'-��. .
�.. ��L..(, ` L
kickarc�-f�:berrr�ti�y, City Attorney
C'la� `�vE.,��.�
Ordinance No. 2009-OS
:foint Boundary Agreement
Cities of Wylie, Lavon, Nevada, Rockwall and Garland
3
�
Exhibit A
Boundary Contract
Ordinance No. 2009-OS
J�oint Boundary Agreement
Cities of Wylie, Lavon, Nevada, Rockwall and Garland
4
Interlocal Boundary and ETJ Contract
�� This Interlocal Boundary and ETJ Contract with Attachments 1 through 5
attached hereto (hereinafter " Boundarv ContracY is entered into by and between the
City of Lavon, a general law municipality located in Collin County, Texas ("Lavon"), the
City of Nevada, a general law municipality located in Collin County, Texas (
the City of Wylie, a home rule municipality located in Collin, Dallas and Rockwall
Counties, Texas ("W iie"), the City of Rockwail, a home rule municipality located in
Rockwall County, Texas (" Rockwall ") and the City of Garland, a home rule municipality
located in Dallas and Collin Counties (" Garland ") (each individually referred to as a
"C� and collectively referred to as the "Cities"), each acting through their duly
authorized representatives.
WHEREAS, Lavon, Nevada, Wylie, Rockwall and Garland are adjacent
municipalities that cuRently or will in the future share common boundaries and that are
empowered by state law and the Constitution to establish their respective corporate
boundaries; and
WHEREAS, Ga�land has agreed to release certain portions of its extraterritorial
jurisdiction to the other Cities (hereinafter "Released Boundaries") and to disannex
certain property and/or annex certain property, in exchange for the commitment of the
other Cities to refrain from annexing any property within Garland's extraterritorial
jurisdiction without the consent of Garland and to refrain from litigation involving the
�-- rrarious boundaries and extraterritoria! jurisdiction ("ETJ") of the Cities; and
WHEREAS, the Cities seek to avoid certain conflicts and uncertainty relative to
the extent and location of their respective corporate limits and ETJ; and the potential
for litigation involving the same; and
WHEREAS, each of the Cities has reviewed their respective corporate
boundaries and ETJ based upon their respective populations, Chapter 42 of the Texas
Loca! Govemment Code, and the location of the Reieased Boundaries and has
determined that such tracts would be better seroed by the municipal services of the
Cities as reflected in the attached map; and
WHEREAS, the Cities find and determine it necessary for the health, safety
and welfare of their residents to confirm boundaries and make certain agreements and
adjustments regarding their respective corporate boundaries and ETJ; and
WHEREAS, this Boundary Contract is made under the authority granted by and
pursuant to Texas interlocal Cooperation Act, Article 791 of the Texas Govemment
Code, as amended, providing for the cooperation between local govemmental bodies,
fc►r beneficial govemmental purposes; and
,,,,_ WHEREAS, the Cities have each submitted to their respective goveming
budies an ordinance approving this Boundary Contract which confirms and adjusts
I
their respective corporate boundaries and ETJ, as set forth herein and in the attached
Boundary and Proposed ETJ Map (the "Boundarv Maa"), together with individual
maps of Rockwall, Wylie, Nevada and Lavon (collectively referred to as "Boundarv
� Maas"), copies of which are attached hereto and incorporated herein as Attachments
1-5.
NOW THEREFORE, for and in consideration for the mutual covenants and
agreements coniained herein, the Cities agree as follows:
SECTION 1
INCORPORATION OF PREMISES
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 CITlES
2.01 Release of ETJ bv Garland. Ganand hereby releases certain portions of its
ETJ to the other Cities for inclusion in their ETJ, as shown on the colored
portions of the Boundary Maps, (the "Released Boundaries").
--- 2_02 Annexations and/or Disannexations by Garland. Garland hereby agrees to
mitiate annexation and/or disannexation of certain property as shown on the
Boundary Map within ninety (90) days of Garland's execution of this Boundary
Contract.
2.03 Boundaries. The Cities covenant and agree that from and after the approval
and execution of this Boundary Contract by each of the respective Cities, the
boundaries in the depicted area of the respective corporate limits and ETJ of
Lavon, Nevada, Wylie and Rockwall as to the dealings between these Cities
shall be those shown on the attached Boundary Maps. The Cities covenant
and agree that no City shall assert any police powers or other govemmental
powers, nor annex property or expand ETJ, into any area depicted on the
Boundary Maps as being within another City's corporate limits, boundaries or
ETJ without such City's written consent. A City may otherwise expand its ETJ
in accordance with state law; however, in no event may a Citys ETJ include an
area shown on the Boundary Map to be within the corporate boundaries or ETJ
of any other City, without such City's written consent.
2.04 Adoption of Official Map. The respective goveming bodies of the Cities shall
take appropriate action to effectuate the terms of this Boundary Contract
approved hereby through the adoption of an o�cial map ("Officia! Man")
� showing their respective boundaries and ETJ as required by Section 41.001 of
the Texas Local Government Code. The Official Map of each City shall be filed
by each respective City with the appropriate county clerk(s) withi� thirty (30)
�
days of adoption of the City's Official Map, and a copy of each City's ordinance
adopting, and authorizing the execution of this Boundary Contract, after the
effective date, shall be fited in the deed records of the appropriate counties
""` where the Cities are situated.
2.05 Prior Annexations. The Cities, other than Ga�land, agree and covenant that all
prior annexatio�s or actions by the Cities in conflict with the boundaries
reflected in this Boundary Contract are hereby rescinded, voided, and repealed
to the extent of that conflict, and the Cities, other than Gariand, relinquish any
conflicting ETJ under Texas Local Govemment Code section 42.023, as
amended. Each City fully waives and releases, to date, any and all claims of
every conceivable nature against each other City and their respective City
Council members, officers, employees and representatives regarding this
Boundary Contract, the ordinance adopting and authorizing this Boundary
Contract, and any and all boundary, ETJ, and annexation issues or claims,
demands, controversies or causes of action, including under the Declaratory
Judgment Act.
2.06 Resolution of Boundarv and ETJ Disputes. The Cities acknowledge that the
boundaries and ETJ depicted on the attached Boundary Maps are not
described by metes and bounds and are approximates. The Cities agree to
determine and establish such boundaries depicted on the attached Boundary
Maps along property lines where possible and to use their best efforts to
resolve issues relating to the fixing or setting of the exac# location of the
._.., boundaries and ETJ consistent with the Boundary Maps. If the Cities are
unable to resolve issues related to the location of the boundaries and ETJ
shown on the Boundary Maps, the affected Cities shall submit such disputes to
Garland for resolution. The decision of the Ga�iand City Council as to such
disputes shall be final.
SECTION 3
TERM / CONSlDERATION
3.01 The Cities agree and stipulate 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 boundary and ETJ adjustments
made hereunder constitute additional good and valid consideration and serve
the valid govemment purpose of establishing and confirming corporate
boundaries and ETJ.
3.02 !t is the intent of this Boundary Contract that Gacland shall retain sole and
exclusive extraterritorial jurisdiction over its property located near Lake �avon
as more particularly described and/or depicted in Attachments 1-5, attached
hereto and incorporated herein (the "Garland Property"). If any party to this
"'� Boundary Contract (other than Ga�land), by legal proceedings or other legal
process, either directly or by supporting a third party in doing so, (1) challenges
3
or contests this Boundary Contract or any of its provisions or attempts in any
manner to oppose or set aside the provisions hereof or impair or invalidate any
of its provisions; or (2) attempts to annex or assert any form of extraterritorial
control over the Gartand Property, then any transfer or release of ETJ as to that
City is revoked and shall be disposed of as if that contesting City had never
been a party to this Boundary Contract such that no transfer or release of ETJ
had ever been made to that City.
SECTION 4
GENERAL PROVISIONS
4.01 Default. In the event of a breach of this Boundary Contract by any party hereto,
one or more of the other parties may pursue only injunctive relief or specific
performance through declaratory judgment. The Cities waive and release all
other remedies.
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
necessary to give full force and effect to the basic terms of this Boundary
Contract.
4.03 Relationshiq 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 among any
one or more of the Cities. Each party hereto is an independent govemmental
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 any of the other
parties hereto.
4.04 Third Partv Bene�ciaries. Nothing in this Boundary Contract shall be construed
to create any right in any third party 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 Immunitv. Nothing in this Boundary Contract shall be deemed a waiver of the
govemmental, sovereign, or official immunity afforded by law to the Cities,
either individually or collectively. The parties stipulate that this Boundary
Contract is not subject to the teRns of Local Government Code Ch. 271,
Subchapter I.
4.06 Notices. AIt written notices required under this Boundary Contract must be
hand delivered or sent by certified maii return receipt requested addressed to
,�,,, the proper party at the following addresses:
4
City of Lavon:
,_,_, Attention: Mayor
Address: 120 School Road, Box 340, Lavon, TX 75166
Phone Number: (972) 843-4220
Fax: (972) 843-0945
City of Nevada:
Attention: Mayor
Address: 424 E. FM 6, Nevada, TX 75173
Phone Number: (972) 853-0027
Fax (972) 853-0027 (telephone prior to faxing)
Citv of Wvlie:
Attention: City Manager
Address: 2000 State Highway 78 North, Wylie, TX
75098
Phone Number: . (972) 442-8100
Fax: (972) 442-8115
Citv of Rockwall:
""" Attention: City Manager
Address: 385 S. Goliad, Rockwall, TX 75087
Phone Number: (972) 771-7700
Fax: (972) 771-7727
Citv of Garland:
Attention: City Manager
Address: 2000 N. Fifth, Garland, TX 75040
Phone Number: (972) 205-2000
Fax: �g72�
Each party may change the address to which notices are sent by giving the
other parties written notice, within ten (10) days, of the new address in the
manner provided by this paragraph.
4.07 Ca aci . Each of the signatories below hereby represents that this Boundary
Contract has been approved by his or her City Council and that helshe has full
capacity and authority to sign and assume all obligations granted and assumed
under this Boundary Contract.
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.
5
4.09 Applicable Law / Venue/ Mediation. This Boundary Contract shall be construed
,,,,_ under, and in accordance with the laws of the State of Texas, and exclusive
venue shall lie in Collin County, Texas. If one or more disputes arise with
regard to the interpretation, performance and/or breach of this Boundary
Contract or any of its provisions, the Cities agree to attempt in good faith to
resolve same by scheduling and attending one day of inediation. The
mediation shall be conducted within 30 days of the dispute with a mediator
agreed to by the Cities, and the cost of the mediation shall be shared equaliy by
the Cities. If a City refuses to mediate, that City shall not recover or seek to
recover attorney's fees or costs in any lawsuit brought to construe or enforce
this Boundary Contract.
4.10 Leqal Construction/Severabilitv. In case any section, article, paragraph,
provision, sentence, clause, phrase or word provisions contained in this
Boundary Contract shail 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,
o� 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 goveming 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 corporate limits or
ETJ of any City shown on the Boundary Map is within the corporate limits 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 Aqreement. Garland shall not release any
portion of its ETJ to any party to this Boundary Contract or to any city that that
is not a party to this Boundary Contract in a manner inconsistent with the
Boundary Map.
4.12 Entire Aqreement. This Boundary Contract constitutes the sole and entire
agreement of the Cities and supersedes any prior understandings or written or
oral agreements befinreen the Cities relating to the subject matter of this
Boundary Contract.
4.13 Construction. This Boundary Contract has been negotiated by the parties and
shall be deemed d�afted equally by all 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.
6
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, and duly approved and executed by the
� authorized representative of each of the Cities to this Boundary Contract;
howeve�, Cities may adjust mutual boundaries with other cities without the
written consent of any of the other parties to this Boundary Contract.
4.15 Countemarts. This Boundary Contract may be executed in a number of
identical counterparts, each of which shall be deemed an original for all
purposes.
jThe remainder of this page is left b/ank intentionally.]
�
7
�
Mayor
City of Lavon, Texas
EFFECTIVE DATE:
ATTEST:
City Secretary
City of Lavon, Texas
.,�.
APPROVED AS TO FORM:
City Attorney
City of Lavon
8
Mayor
City of Nevada, Texas
EFEECTIVE DATE:
ATTEST:
City Secretary
City of Nevada, Texas
�
APPROVED AS TO FORM:
City Attorney
City of Nevada
�
9
,�..
Mayor
City of Wylie, xas
EFFECTIVE DATE: �`� -Q� OF T�V,�+
C+ 1 � t '
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ATTEST: - ' :. y ��
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ty Secret
City of Wylie, Texas
APPROVED AS TO FORM:
.�LL��' ��
c�cy Accor�y
City of Wylie
10
.....
Mayor
City of Rockwall, Texas
EF�'ECTIVE DATE:
ATTEST:
�City Secretary
�City of Rockwall, Texas
�
APPROVED AS TO FORM:
City Attorney
("ity of Rockwall
ll
.,....
Mayor
City of Garland, Texas
EFFECTIVE DATE:
ATTEST:
City Secretary
City of Garland, Texas
�
APPROVED AS TO FORM:
City Attorney
City of Garland
12
Attachment 1
.,....
Overall Boundary Map
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HOUNDARY MAP
ATTACHMENT 1 TO
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Map
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