R-533-8-84RESOLUTION NO. 533-8-84(R)
A RESOLUTION OF THE CITY COUNCIL, THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF ALLEN AND THE CITY OF PLANO, ESTABLISHING
PRESENT AND FUTURE BOUNDARIES BETWEEN THESE TWO JURISDICTIONS.
WHEREAS, the City of Allen and the City of Plano, Texas,
are desirous of entering into an agreement establishing the
ultimate City boundary lines between the two municipalities; and,
WHEREAS, each of the two municipalities believes that it
is in the best interest of those persons owning property in and
around the current boundary limits of each of the municipalities
if a mutual agreement were entered into establishing the ultimate
boundary lines between the two municipalities; and,
WHEREAS, each of the municipalities agrees that proper
planning for orderly growth and development will be enhanced
by establishing ultimate boundary lines between the two
municipalities at this time.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL, CITY OF ALLEN,
TEXAS:
SECTION 1. The Mayor is hereby authorized to execute the
attached agreement establishing the boundaries between the City
of Allen and the City of Plano.
SECTION 2. Upon the final execution of the contract, the
City Secretary is directed to notify all interested agencies
of the dgmement, including the Collin County Commissioner's
Court.
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THIS
THE 2ND DAY OF AUGUST, 1984.
APPROVED:
NO On.- ME
Donald P. Rodenbaugh, MAYOR�
ATTEST:
Marty Hendrix, ITY SECRETARY
CITY LIMITS BOUNDARY AGREEMENT
THE STATE OF TEXAS
COUNTY OF COLLIN
WHEREAS, the City of Plano, Texas, and the City of Allen,
Texas, acting by and through their duly authorized representa-
tives, are desirous of entering into an Agreement establishing
the ultimate city limit boundary lines between the two munici-
palities; and
WHEREAS, each of the two municipalities believes that -it is
in the best interest of those persons owning property in and
around the current boundary limits of each of the municipalities
if a mutual agreement were entered into establishing ultimate
boundary lines between the two municipalities; and
WHEREAS, each of the municipalities agrees that proper
planning for orderly growth and development will be enhanced by
establishing ultimate boundary lines between the two munici-
palities at this time; and
WHEREAS, each of the municipalities, upon due consideration
and after all notices and public hearings that may be required by
law, enacted a resolution authorizing its Mayor, with the
attestation of its City Secretary, to execute this Contract;
NOW, THEREFORE, this Contract and Agreement, in considera-
tion of the mutual covenants and agreements contained herein, is
made and entered into by and between the City of Plano, Texas,
and the City of Allen, Texas, to wit:
I. Each party to this Agreement, one with the other,
agrees that its ultimate mutual city limit boundary
line shall be shown and described in Exhibits "A" and
"B", attached hereto and made a part hereof for all
City Limits Boundary Agreement
purposes.
Page 2
II. The extraterritorial jurisdiction of each of the cities
to this Agreement shall remain as provided and allowed
by the Municipal Annexation Act of 1963, as amended,
Article 970(a), Vernon's Annotated Texas Civil
i
Statutes; provided, however, if there should now exist,
or if at any time after execution of this contract
there should exist, an overlap of extraterritorial
jurisdiction between the two cities, then in such
event, neither city shall have or make an extra-
territorial jurisdiction claim of any portion of the
overlapped area which should lie beyond its ultimate
city limit boundary line as established by this Agree-
ment, and this Agreement shall constitute a present and
continuing waiver by each such city to any such rights
or claims of extraterritorial jurisdiction to any over-
lapping extraterritorial area which lies beyond its
ultimate boundary.
III. Nothing herein contained is intended to authorize
either party hereto to levy or assess an ad valorem tax
on property situated between current city boundary
limits and the agreed mutual ultimate city boundary
limits until such time as the property, or a portion
thereof, is legally annexed by one of the parties to
this Agreement.
IV. Should any provision of this Agreement be declared void
by a court of competent jurisdiction, the remaining
provisions of this contract shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto acting under
authority of their respective governing bodies have caused this
contract to be duly executed, in triplicate originals, each of
City Limits Boundary Agreement
Page 3
which shall constitute an original on the date of their
respective acknowledgements.
CITY OF PLANO, TEXAS
By: �p��
Jack Harvard, MAYOR
ATTEST:
(L , "—,
Jac ie Blakely, CITY SEC TARY
CITY OF ALLEN, TEXAS
By:
Don Rodenbaugh, MAY
ATTEST:
Marty fiendrixi CITY SECRETAR
N
ACKNOWLEDGEMENTS
STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared JACK HARVARD, Mayor of the City of Plano, Texas,` a
municipal corporation, known to me to be the person and officer
whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of the said City of
Plano, Texas, and that he acknowledged the same as the act of
said municipal corporation for the purposes and consideration
therein expressed and in the capacity therein stated.
IVEN under my hand and
Of be -r- 1984.
seal of office this the day
tar Publ �i�nAndfors the
State of Texas
My commission expires:
Y
City Limits Boundary Agreement Page 4
STATE OF TEXAS
COUNTY OF COLLIN
r
BEFORE ME, the undersigned authority, on this day personally
appeared DON RODENBAUGH, Mayor of the City of Allen, Texas, a
municipal corporation, known tome to be the person and officer
whose name is subscribed to the foregoing instrument, and
acknowledged to me that the same was the act of the said City of
Allen, Texas, and that he acknowledged the same as the act of
said municipal corporation for the purposes and consideration
therein expressed and in the capacity therein stated.
of �G VEN under my hand and seal of office this the ,Ud day
U�VS'7- , 1984.
14 o/voY �'%,e,e�so�cJ
Notary Public in and for the
State of Texas
My commission expires:
EIXIIIBIT "A"
(1 OF 1)
PROPOSED BOUNDARY LINE AGREEMENT
BETWEEN
CITY OF PLANO, TEXAS
AND
CITY OF ALLEN, TEXAS
BEGINNING at State Highway 121 and the intersection of Custer Road (F.M. 2478);
THENCE south along the center line of Custer Road to its intersection with the center
line of Hedgcoxe Road;
THENCE east along the center line of Hedgcoxe Road to the center line of future
Alma Drive;
THENCE north along the center line of future Alma Drive to the center line of Rowlett
Creek;
THENCE southeasterly along the center line of Rowlett Creek to the center line of
State Highway 5;
THENCE northerly along the center line of State Highway 5 to its intersection with
the center line of Chaparral Road;
THENCE east along the center line of existing and future Chaparral Road to its
intersection with Cottonwood Creek;
THENCE south along the center line of Cottonwood Creek to the city limits line of
the City of Parker.
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