R-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. Exp. 03-2D.2001
State of Texas
BOUNDARY ADJUSTMENT AGREEMENT Pager
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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
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