R-2169-5-03RESOLUTION NO. 2169-5-03(R)
' A RESOLUTION OF THE CITY COUNCH, 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, ("Allen') AND THE CITY OF MCKMNEY, TEXAS, ("McKinney')
ESTABLISHING THE CORPORATE BOUNDARIES OF EACH CITY DURING AND
AFTER THE CONSTRUCTION OF STATE HIGHWAY 121 AND AUTHORIZING
ITS EXECUTION BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, State Highway 121 ("SH 121') is designed as a controlled access roadway with six -lane access
roads; and,
WHEREAS, the construction of access roads along SH 121 requ res a clear definition of jurisdictional
boundaries for traffic control during construction; and,
WHEREAS, the original jurisdictional boundaries of Allen and McKinney were established based on the right-
of-way of SH 121 at the time the area was annexed; and,
WHEREAS, the Texas Department of Transportation has acquired additional right-of-way for the expansion of
State Highway 121; and,
WHEREAS, municipal corporations have the authority to adjust their corporate limits by mutual agreement;
and,
WHEREAS, Allen and McKinney agree that the corporate boundaries of each should be adjusted to assure the
safety of the motoring public during construction; and,
WHEREAS, following completion of construction of the access roads, it is agreed that the boundary should
again be adjusted along the centerline of SH 121; and,
WHEREAS, the boundary adjustment agreement is attached hereto as Exhibit "A" and incorporated herein by
reference; and,
WHEREAS, upon full review and consideration of the Agreement, and all matters related thereto, the City
Council is of the opinion and finds that the terms and conditions thereof should be approved, and that the City
Manager should be authorized to execute the Agreement on behalf of the City of Allen, Texas.
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, having been reviewed by the City Council of the
City of Allen and found to be acceptable and in the best interests of the City of Allen and its citizens, be, and the
same is hereby, in all things approved.
SECTION 2: The City Manager is hereby authorized to execute the Agreement and all other documents in
connection therewith on behalf of the City of Allen.
SECTION 4: This Resolution shall become effective from and after its passage.
r
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 27" DAY OF MAY, 2003.
APPROVED:
6a z -a
Ste- eph iTerrell, MAYOR
ATTEST: n n o
Shelley B�George, MC, CITY SECRETARY
Resolution No. 2169-5-03(R). Page 2
STATE OF TEXAS
COUNTY OFCOLLIN
THIS AGREEMENT ("Agreement') entered into on the X day of M6,4, 2003,
by and between the CITY OF ALLEN, TEXAS, hereinafter referred to as "All ," and the
CITY OF MCKINNEY, TEXAS, hereinafter referred to as "McKinney."
WHEREAS, Chapter 43 of the Local Government Code authorizes adjacent
municipalities to make mutually agreeable adjustments to their
boundaries; and
WHEREAS, McKinney and Allen recognize that the State intends to expand and
construct the main lanes of State Highway 121 ("SH 121') in the near
future; and
WHEREAS, the State has started construction of the access roads to serve the expanded SH
121; and
' WHEREAS, Allen and McKinney desire to make their respective city boundary limits be
contiguous; and
WHEREAS, representatives of Allen and McKinney have met and agreed on a mutually
acceptable boundary which is in the best interest of the citizens of each city
during construction of the access mads; and
WHEREAS, that upon completion of the access roads, the boundary between the two cities
will be adjusted to the centerline of SH 121.
NOW THEREFORE, ALLEN and McKINNEY, for the mutual consideration hereinabove
stated, agree as follows:
SECTION L
Allen and McKinney will modify their respective boundaries in the manner shown as
"Proposed" on the map attached to and made a part of this Agreement as Exhibit "A."
2. On or before the sixtieth (60") day after the completion of the SH 121 access mads,
but in no event later than the end of three (3) years after the date of this Agreement,
Allen and McKinney boundaries will automatically adjust in the manner shown as
' "Future" on the map attached to and made a part of this Agreement as Exhibit "A."
Any required action of the parties to given notice and record the adjustment will be
taken without delay.
SECTION H.
1. Along SH 121 each city will collaborate on planning for grade separations in
cooperation with the Texas Department of Transportation.
2. Each city will perform the following functions associated with State Highway 121.
Each city will retain control over street and driveway locations on their
respective sides of the highway;
b. Each city will retain responsibility for building sidewalks on their respective
sides of the highway.
SECTION III.
Allen and McKinney hereby waive rights of extraterritorial jurisdiction in the property
described. It is expressly agreed and understood that this waiver shall operate only in favor of
the partes to this Agreement, and shall not constitute a waiver of any rights, including
extraterritorial jurisdiction rights, which either city may be able to assert against any other
municipality.
Allen and McKinney represent that neither claims any extraterritorial rights beyond the
' boundary line established by this Agreement.
SECTION IV.
Character of Agreement: The parties agree that this Agreement is entered for the
purpose of mutually adjusting jurisdictional boundaries during and after the
construction of access roads on SH 121, and is not an interlocal cooperation agreement
for thejoint performance of any services by the parties.
2. Severabihty: Should any provision of this Agreement be declared illegal, invalid or
unenforceable, the legality, validity or enforceability of the remaining provisions shall
remain in full force and effect.
3. Indemnification: To the extent allowed by law, Allen and McKinney each agree
to release, defend, indemnify, and hold harmless the other (and its officers, agents
and employees) from and against all claims or causes of action for injuries
(including death), property damages (including loss of use), and any other losses,
demands, suits, judgments and costs, including reasonable attorneys' fees and
expenses, in any way arising out of, related to or resulting from its performance
under this Agreement, or caused by its negligent acts or omissions (or those of its
respective officers, agents, employees, or any other third parties for whom it is
' legally responsible) in connection with perforating this Agreement.
ht the event of joint or concurrent negligence of the parties, responsibility, if any,
shall be apportioned comparatively in accordance with the laws of the State of
Texas, without, however, waiving any governmental immunity available to either
' party individually under Texas law. Allen shall be responsible for its sole
negligence. McKinney shall be responsible for its sole negligence. The
provisions of this paragraph are solely for the benefit of the parties hereto and are
not intended to create or grant any rights, contractual or otherwise, to any other
person or entity.
4. Entire Agreement: This Agreement represents the entire and integrated
agreement between Allen and McKinney and supersedes all prior negotiations,
representations and/or agreements, either written or oral. This Agreement may be
amended only by written instrument signed by both parties.
5. Severability: The provisions of this Agreement are severable. In the event that
any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement
shall be found to be contrary to the law, or contrary to any rule or regulation
having the force and effect of the law, such decisions shall not affect the
remaining portions of this Agreement.
6. Immunity: It is expressly understood and agreed that, in the execution of this
Agreement, the parties do not waive, nor shall they be deemed hereby to have
waived any immunity or defense that would otherwise be available to them
against claims arising in the exercise of governmental powers and functions. By
entering into this Agreement, the parties do not create any obligation, express or
' implied, other than those set forth herein, and this Agreement shall not create any
rights in parties not signatories hereto.
7. Interpretation: This is a negotiated Agreement and should any part of this
Agreement be in dispute, the parties stipulate that the Agreement shall not be
construed more favorably for either party.
:I xyl Y CIWLV
Effective Date
IN WPINE,SS WHEREOF, the cities under the authority of their respective governing bodies
have caused this Agreement to be executed in multiple originals as of the first date written
above.
SIGNED this day of� 2003
Cn1' OF ALLEN, TEXAS ATTEST:
BY:
' Peter H. Vargas Ci Manager Shelley B. Geo e, City Secretary
CITY OF MCKWNEY, TEXAS
ATTEST:
F
1.y ti+ �anager
APPROVED AS TO FORM:
IL
Peter Smith, City Attorney
City of Allen, Texas
1
Beverly Covington, AssL City
Secretary
2APPRYYZEF70KOFORM:
Nrwk Houser, City Attorney
City of McKinney, Texas
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