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Home My WebLink AboutR-1809-3-00RESOLUTION NO. 1809-3-00(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A BOUNDARY ADJUSTMENT AGREEMENT BY AND BETWEEN THE CITY OF ALLEN, TEXAS, AND THE CITY OF PLANO, TEXAS, TO SET FUTURE CITY LIMIT BOUNDARIES AND TO ADJUST EXISTING BOUNDARIES; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, has reviewed a Boundary Adjustment Agreement by and between the City of Plano, Texas, and the City of Allen, Texas, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, the City Council of the City of Plano, Texas, approved the proposed Boundary Agreement by Resolution No. 2000-2-18(R) on February 21, 2000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1: The terms and conditions of the Agreement have been reviewed by the City Councfl and found to be in the best interest of the citizens of the City of Allen, Texas, and is approved. SECTION 2: The City Manager is hereby authorized to execute the Boundary Adjustment Agreement and all other doctunents in connection therewith on behalf of the City of Allen, Texas, substantially according to the terns and conditions set forth in the Agreement. SECTION 3: This Resolution shall become effective from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THE 2"a DAY OF MARCH, 2000. ATTEST: Jfidy Mo u, CMC/AAE, CITY SECRETARY F APPROVED: 4a Stephen Terrell, MAYOR BOUNDARY ADJUSTMENT AGREEMENT THIS AGREEMENT is made and entered into by and between the CITY OF ALLEN, TEXAS, hereinafter referred to as "Allen", and the CITY OF PLANO, TEXAS, hereinafter referred to as "Plano". WHEREAS, in 1984, Allen (pursuant to Ordinance 533-8-84) and Plano (pursuant to Resolution 84-9-31) entered into a City Limits Boundary Agreement establishing the ultimate city limit boundary lines between the two municipalities as shown on Exhibit "A" attached hereto and made a part of hereof by reference; and WHEREAS, Allen's city limit boundary is in part contiguous with the city limit boundary of Plano; and WHEREAS, this existing boundary does not presently allow the efficient development and delivery of city services to the areas in question; and WHEREAS, the cities desire to modify their mutual boundary so as to allow more efficient development and delivery of city services to the areas; and WHEREAS, representatives of Allen and Plano have met and agreed on a mutually acceptable boundary which is in the best interest of the citizens of each city. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises expressed herein, Allen and Plano agree as follows: BOUNDARY ADJUSTMENT AGREEMENT pawl N: boundary adtuebnent a0en.doc Qgt(ON17100) SECTION I. Statement of Intent It is the intent of Allen and Plano to modify their respective boundaries in the manner shown on the map attached to and made a part of this Agreement as Exhibit 'B". SECTION II. Adjustments and Realignment of Boundary To accomplish the objective set forth in Section I above, Allen and Plano do hereby grant, relinquish and apportion each unto the other the following adjustments and realignment of the boundary line between the two cities: The boundary line for that portion of Custer Road from Hedgcoxe Road to State Highway 121 is moved from the center of the road to the east right-of-way line. 2. The boundary line for that portion of Hedgcoxe Road from Custer Road to Alma Drive is moved from the center of the road to the south right-of-way line. 3. The boundary line for that portion of Alma Drive from Hedgcoxe Road to Rowlett Creek is moved from the center of the road to the east right-of-way line. 4. The boundary line for that portion of K Avenue from Rowlett Creek to Chaparral Road is moved from the center of the road to the west right-of-way line. 5. The boundary line for that portion of Chaparral Road from K Avenue to Cottonwood Creek is moved from the center of the road to the south right-of-way line. BOUNDARY ADJUSTMENT AGREEMENT Paget N:boundary ad)usbnent allenAm Qg) (0211/00( SECTION III. Relinquishment of Territory To further accomplish the objective set forth in Section I above, Allen and Plano each agree to disannex or release from their respective extraterritorial jurisdictions and annex certain tracts to facilitate the boundary adjustment, as follows: 1. The parcels of land at State Highway 121 that lie between the new and old Custer Road alignment will be released from the extraterritorial jurisdiction of Allen and annexed by Plano. 2. The parcels of land at Hedgcoxe Road that lie between the new and old Custer Road alignment will be released from the extraterritorial jurisdiction of Plano and annexed by Allen. 3. All land located on the north side of existing and future Chaparral Road will be disannexed by Plano and annexed by Allen. SECTION IV. Responsibility for Continued Road Widening, Maintenance, Traffic Signals 1. Along Hedgcoxe Road from Custer Road to Alma Drive, each city will pay its share for the completion of the roadway in its current boundary, including the addition of the third lane on each side and the replacement of failed pavement on the Plano side. 2. Along Alma Drive from Hedgcoxe Road to Rowlett Creek, each city will pay its share for the completion of the roadway in its current boundary, including the addition of the third lane on each side. BOUNDARY ADJUSTMENT AGREEMENT Page N: boundary adjustment alten.doc Og)(03H 1100) 3. Along Chaparral Road from State Highway 5 to Rosewood Drive, each city will pay its share for the completion of the roadway in its current boundary. Along Chaparral Road from Rosewood Drive to Cottonwood Creek, Allen will be responsible for construction of the north half and Plano will be responsible for construction of the south half. Both cities will adjust their thoroughfare plans to show that the road narrows to a four -lane divided roadway before it crosses Cottonwood Creek. Allen will also pursue the new alignment for Chaparral Road from its current eastern termination to the proposed bridge over Cottonwood Creek. 4. Each city will perform the following functions on the above named roads fully in their new boundary: (a) Planning for future median openings; (b) Installation and maintenance of street lights, irrigation and landscaping of the medians; (c) Planning and installation of traffic signals with each city to pay one- half on initial installation; (d) Maintenance of traffic signals within their new boundaries; (e) Maintenance of the roadway; (f) Each city will retain control over street and drive locations on their respective sides of the streets; and (g) Each city will retain responsibility for building sidewalks on their respective sides of the streets. 5. The City of Allen hereby agrees to recognize the pro rata agreements for The Creek Addition No. 1 Agreement (attached as Exhibit "C"). BOUNDARY ADJUSTMENT AGREEMENT Page4 N: boundary adjustment allen.doc Qg) (02111100) SECTION V. Waiver of Extraterritorial Jurisdiction Allen does hereby waive all of its extraterritorial jurisdiction in the property described above transferred to Plano. It is expressly agreed and understood that this waiver shall operate only in favor of Plano, and shall not constitute a waiver of any right, including extraterritorial jurisdiction rights, which Allen may be able to assert against any other municipality. Plano does hereby waive all of its extraterritorial jurisdiction in the property described above transferred to Allen. It is expressly agreed and understood that this waiver shall operate only in favor of Allen, and shall not constitute a waiver of any right, including extraterritorial jurisdiction rights, which Plano may be able to assert against any other municipality. Plano represents that it does not claim any extraterritorial rights north of the boundary line established by this Agreement and Allen represents that it does not claim any extraterritorial rights south of the boundary line established by this Agreement. SECTION VI. Severability Should any provision of this Agreement be declared void by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect. BOUNDARY ADJUSTMENT AGREEMENT Pages N:t undary adjusMent allenAm Og)(03111/00) SECTION VII. Effective Date Plano and Allen agree that this Agreement shall take effect only upon ratification and adoption by the governing bodies of each city. SIGNED this /M day of /1494M 2000. CITY OF PLANO, TEXAS Thomas Mue enbeck CITY MANAGER APPROVED AS TO FORM: q( neC.4ete're, CITYATTORNEY CITY OF ALLEN, TEXAS (Signature)�� (Print Name) Cl lu 1\1AJkG� (Title) BOUNDARY ADJUSTMENT AGREEMENT Page6 NbounEary atlluatoent aftn.doc Ug) (07/11100) ACKNOWLEDGMENTS STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me this / D�day of t / a ec 2000, by THOMAS H. MUEHLENBECK, City Manager of the CITY OF PLANO, TEXAS, ahome-rule municipal corporation, on b alf of said municipal corporation. ALICIA Notary Public in and for the �11,.\* NOTARY PUBUC State of Texas a , 1g, Sate IN Texas `a Corm. Frp.06-22 z0D2, STATE OF TEXAS COUNTY OF COLLIN This instrument was acknowledged before me this f IJC�day of ff'Wck 2000, by Qe>tf-Y0.rc,4C , C a< ns of the CITY OF ALLEN, TEXAS, a home -rule muni ' al corporation, on behalf o said municipal corporation. ,n+.w SHELLEY B. GEORGE�pp� ,�p-�� i' NOTARY PUBLIC Nota Pub in and for th State of Texas ry ;;.* comm. 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Properties to be Disannexed CHAPARRAL ROAD F nnn..tl r \ , ��,, ,'�� p� pn�•��iiiiniii�� I nuuluuu. ♦ • Id ` .11ilw �`�iJi��.itiriil.�� ,�•. � .lra�ayi;Ir� r. ipAlnl�•_"_' foul�■_- 4. • ii uwuununm C .....iiiiiui' I.......... ......uuu..m �•u nnuuvp_ �............. ................. {. _ • � • 'Ilia. •-__ ♦�V�'Sq�� _ .;.":922=3 i_ nn'^rn��nyti'4u "11 ,,,� ..nni�i'f MUOq � ..'� . ..� ,`•�•n\ ;_"_�-'_ nmr: �uuuu n � Lnn.J�.�4.gry iii�\ •No�� Ip/ .�1/.1�. .�', �� _ II•r� .r...I.11I11 i�,.i�"/'/moi 1.•\•..�di�I IIIII�i.�1�. nun.a �♦�...��`::::��...�. m__-° '"i m::••' ..\.nm .`O�m nnuu /4144".O••,,•.�''.�yi.'„�,'' mum nunq.I .. amu . n '.�;; '-.//// n nq •...... /. � �` •. .uw nu..n�r '. ':.iiip?nl p��::n ..np�� u.A��j`�`�./•i G-'= Ui�q • �i.��'_1�• q .i4:`iii"•nu/ .. . • '.. •y.'iii__...n.nnn`. // .►�� UI G:....u.p. �_�� `� a ,�'Oi,'::i'yq nruo. I�.Fpi ii"y''4i nun_�7pnni nlp•��.iip/44 EXHIBIT'B' EXHIBIT "C" A city of piano� March 25, 1997 Mr. Frank Lynch Real Estate Investments «ate" 777 East 15th Street °id`BoQ" Plano, Texas 75074 Napr Pm mn JNn Van AbaY RE: Pro -Rata Fees -The Creek No. 1 Addition (Project No. 3043) Ga.yf 0. wriv,n Pry"r Dear Mr. Lynch: rmrw..mn Pro"T As requested, I am sending you a second letter verifying that the City of sra"a etr..W Plano will collect pro -rata fees from developers that plat and tie into utilities that were installed with the Creek No. 1 Addition. The new development will be assessed by the front footage of the platted property that is adjacent Pr ,s to State Highway 5. DariPA Plxe7 As mentioned in the previous letter, there is a ten-year limitation for collection of pro -rata fees. The ten-year time limit begins at the completion of the project. Tvret H. I.pIplYOriM(J[ nn Name- In your letter, you questioned the platting of the property, located east of State Highway 5, and north of Chaparral Road. Your concem was that portions of this property would be platted and not be required to pay pro - rata since the new development is not adjacent to State Highway 5. The City can not dictate the platting sequence of undeveloped property. The owner of this property, at his discretion, may develop the east portion of the tract, prior to developing the property along State Highway 5. If the east portion is platted, then pro -rata fees will not be collected. If you have any additional questions, please feel free to call me at (972)461-7152. Sincerely, II�- Clinton Hendricks Engineering Coordinator cb ® GCHIM PO.Baae54V8 PIYtl. T. )SCB6¢l59 P'hleO m,ec)cbp PaGa Arw COW 9T2—dQt-]0.tl Itlm:llww 1pWp.tru