HomeMy WebLinkAboutCity Council Resolutions (R-11-3413)-10/07/2011RESOLUTION R-11-3413
A RESOLUTION APPROVING A BOUNDARY ADJUSTMENT AGREEMENT
BETWEEN THE CITY OF GRAPEVINE AND THE CITY OF COLLEYVILLE
WHEREAS, the cities of Grapevine and Colleyville have entered into an agreement in
order to clarify the common boundary between the two cities by removing a
50 foot wide strip of land between Colleyville Boulevard (SH26) and Pool
Road from the city of Grapevine; and
WHEREAS, this agreement shall take effect upon the approval and signature of said
agreement between the cities of Grapevine and Colteyville.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the boundary adjustment agreement, attached as Exhibit "A", is
hereby approved.
AND IT IS SO RESOLVED.
APPROVEp~~Y j~ VOTE OF AY , D NAYS AND Z~ ABSTENTIONS ON
THIS THE ~~ DAY OF 2011.
ATTES . CITY OF COLLEYVILLE
.
~ G-~-'~-~
C thia Singleton, TRMC, CM, David Kelly
City Secretary Mayor
STATE OF TEXAS §
§ BOUNDARY ADJUSTMENT AGREEMENT
COUNTY OF TARRANT §
This Boundary Agreement ("AQreement") is made by and between the City of Colleyville
("Co1leWille") and the City of Grapevine ("Grapevine"), both of which are home rule
municipalities and political subdivisions of the State of Texas.
WHEREAS, pursuant to the authority granted in Section 43.031 of the Texas Local
Government Code, as amended, adjacent municipalities may change boundaries by agreement, if
the area is less than 1,000 feet in width; and
WHEREAS, Colleyville and Grapevine are adjacent; and
WHEREAS, "Tract A", as described and depicted in Exhibit A, which is attached hereto
and incorporated herein by reference, is uninhabited and is less than 1,000 feet in width; and
WHEREAS, Colleyville and Grapevine desire to identify mutually agreeable corporate
boundaries between the two communities; and
WHEREAS, this Agreement has been approved by the City Councils of Colleyville and
Grapevine; and
WHEREAS, the City Councils of Colleyville and Grapevine have determined this
Agreement to be in the best interests of the health, safety, and welfare of the public; and
WHEREAS, Colleyville and Grapevine, in the true spirit of governmental cooperation,
intend this Agreement to reflect sound growth management principles and interregional
planning.
NOW, THEREFORE, Colleyville and Grapevine, for the mutual consideration
hereinafter stated, agree and understand as follows:
1. The findings set forth above are incorporated into the body of this Agreement as if
fully set forth herein.
2. From and after the Effective Date of this Agreement, Colleyville and Grapevine
hereby agree that Tract A, as described and depicted in the Exhibit A, shall be released from the
corporate boundaries of Grapevine and simultaneously incorporated into the corporate
boundaries of Colleyville.
3. Grapevine hereby releases, relinquishes and discontinues any claim or entitlement
to Tract A, as being within the corparate limits of the City of Colleyville, Texas.
4. Colleyville hereby extends its corporate boundaries to include Tract A as being
within the corporate limits of the City of Colleyville, Texas.
1
5. The laws of the State of Texas shall govern the interpretation, validity,
performance, and enforcement of this Agreement. The parties agree that this Agreement is
performable in Tarrant County, Texas, and that exclusive venue shall lie in Tarrant County,
Texas.
6. This Agreement embodies the entire agreement between the parties and may only
be modified in a writing executed by both parties.
7. This Agreement shall be binding upon the parties hereto, their successors, and
assigns. Neither of the parties will assign nor transfer an interest in this Agreement without the
written consent of the other party.
8. Effective Date. The effective date of this Agreement shall be the last day this
Agreement is approved by a party hereto as indicated on the signature blocks below (the
"Effective Date").
9. Before a suit is filed by either party based on or pertaining to this Agreement, the
parties agree that they will submit the dispute for mediation, pursuant to the procedure described
in Section 154.023 of the Texas Civil Practice and Remedies Code, as amended.
10. Either party may file a certified copy of this Agreement in the real property
records of Tarrant County, Texas.
11. If any article, paragraph, subdivision, clause, or phrase of this Agreement be
adjudged invalid or held unconstitutional for any reason, such judgment or holding shall not
affect the validity of this Agreement as a whole or any part or provision thereof other than the
part so declared to be invalid or unconstitutional.
12. It is expressly understood and agreed that, in the execution of this Agreement, no
party waives, nor shall be deemed hereby to have waived, any immunity or defense that would
otherwise be available to it against claims arising in the exercise of governmental powers and
functions. By entering into this Agreement, the parties do not create any obligations, express or
implied, other than those set forth herein, and this Agreement shall not create any rights in
parties not signatories hereto.
APPROVED by The City Council of The City of Colleyville, Texas, at its meeting held
on the S' ay of , 2011, and executed by its authorized representative.
CITY OF COLLEYVILLE, TEXAS
By: G-~-~~^ -
David Kelly, Mayo
2
ATTE
By:
APPROVED by The City Council of The City of Grapevine, Texas, at its meeting held
on the ~ day of S~p`}-e,,,,~,be~ , 201 l, and executed by its authorized representative.
CITY OF GRAPEVINE
By:
William D. Tate, Mayor
ATTEST:
By: ~.-
Linda Huff, City Secr
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J:~Boyle-Lowry\Coileyville\co-agreements\co-Agrmnt-boundary adjustment-Grapevine SH 26.DOC
COLLEYVILLE'S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF TARRANT §
~ The for I ter ocal Boundary Agreement was acknowledged before me on this the
day of , 2011, by the Honorable David Kelly, Mayor of the City of
olleyville, a Texas unicipal corporation, on b~
...r..
~:~+ d;'~ CYNTHIA D. SINGLETON
~;~ ~~'~¢~ Notary Public, State of Texas
„y~~~~ My Commission Expires
~.~~~: Aprll iZ, 2015
GRAPEVINE'S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF TARRANT §
The fore oin Interlocal Boundary Agreement was acknowledged before me on this the
~2.3 rd day of ~N ~(~ , 2011 by the Honorable William D. Tate, Mayor of the City
of Grapevine, a Te as municipal corporation, on behalf of said corporation.
Notary Public, State of Texas
~
~~`" rUO ANNE B~-KER
+° n ~ivtary f'ubllC
* ~,~ StaYe af Texas
~~oF~~ t~Y ~!?~rn. ExGires 01-14-2012
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EXHIBIT A
"TRACT A"
Exhibit "A", Page 1
50 Ft. Boundary Overlap
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