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1974-033 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A WRITTEN AGREEMENT APPORTIONING OVERLAPPING AREA OF EXTRA- TERRITORIAL JURISDICTION BETWEEN THE CITY OF DENTON, TEXAS AND THE TOWN OF SHADY SHORES, TEXAS, IN ACCORDANCE WITH THE MUNICIPAL ANNEXATION ACT, AND DECLARING AN EFFECTIVE DATE WHEREAS, under the provisions of the Municipal Annexation Act, Article 970a, V A R C S of Texas, the City of Denton, Texas, and the Town of Shady Shores, Texas, have extraterritorial 3urisdiction over overlapping areas, and WHEREAS, the said Municipal Annexation Act grants authority to the governing bodies of cities having a claim to such areas of overlapping extra- territorial 3urisdlctton to apportion the area by mutual consent, providing such agreement shall be in writing, and shall be approved by an ordinance passed by said governing body, and WHEREAS, it zs the desire of the City of Denton, Texas to enter ~nto such an agreement with the Town of Shady Shores, Texas, pertaznzng to over- lapping extraterritorial areas, which will in all respects comply with the provisions of said Municipal Annexation Act, and WHEREAS, the duly authorized representatzves of the City of Denton, Texas and the Town of Shady Shores, Texas have conszdered the overlapping extraterritorial 3urisdtctlon and have signed an agreement in writing on the 6th day of August, 1974, apportioning such extraterritorial area, sa~d written agreement being in words and figures as follows THE STATE OF TEXAS ~ COUNTY OF DENTON ~ THIS AGREEMENT made and entered into thls the 6th day of August, 1974, by and between the City of Denton, Texas, a Municzpal Corporation organized under and by virtue of a Home Rule Charter duly and regularly adopted in conformity with the General Laws of the Constztution o6 the State of Texas, located wholly within Denton County, Texas, and the Town of Shady Shores, Texas, a Municipal Corporation organzzed under the General Laws of the State of Texas, located wholly within Denton County, Texas, WITNESSETH WHEREAS, the Municipal Annexation Act, Article 970a, V A R C S of Texas, grants authority to the cities having clazms to areas of overlapping extraterritorial Jurisdiction, to apportion the same by mutual consent, and WHEREAS, zt is the desire of the City of Denton, Texas to enter ~nto such au agreement with the Town of Shady Shores, Texas, pertaining to certazn overlapping extraterritorial areas, which wzll in all respects comply with the provisions of said Municipal Annexation Act, NOW, THEREFORE, NNOWALLMEN BY THESE PRESENTS The parties hereto, the Czty of Denton, Texas, and the Town of Shady Shores, Texas agree that (a) The City of Denton, Texas has extraterr~tormal jurisdictzon within two (2) miles of its corporate lzmzts, as that term is defined by the pro- visions of the Municipal Annexation Act, V4A R C S of Texas (b) The T~n of Shady Shores, Texas has extraterritorial jurzsdict~on within one-half (1/2) mile of its corporate l~mzts, as that term ~s defined by the provzsions of the Municzpal Annexation Act, V A R C S of Texas (c) There exists an area of overlappzng extraterritorial ]urzsdzctzon in each of said cities, as that term ~s defined by the provisions of the Municipal Annexatzon Act, V A R C S of Texas, which area of extraterritorial jurisdiction l~es south of the corporate limits of the Czty of Denton, Texas, and west of the corporate limzts of the Town of Shady Shores, Texas (d) From and after the date of this Agreement and zts approval and adoptzon by the governing bodzes of the cities which are parties hereto, there is apportzoned and released to the City of Denton, Texas, and it shall have exclusive extraterritor~al 0urisdictzon over that territory lying north and, respectively west of a line described by metes and bounds as follows BEGINNING at a point zn the centerl~ne of Shady Shores Dr~ve, said centerline also being the south boundary l~ne of the G Walker Survey, Abstract No 1330, said point of beginn~ng being the intersection of the centerl~ne of Shady Shores Road and the extended east r~ght of way l~ne of a public road known as Old Cemetery Road, TH~NGE north 35 deg 24' west, along the east rzght of way line of said Old Cemetery Road, a distance of 277,2 feet to a poznt, THENCE north 18 deg 45' west, along sazd east r~ght of way lzne, a distance of 214 4 feet to a poznt, THBNCE north 1 dag 12' east, along sazd east rzght of way line, a distance of 822 4 feet to a point, THENCE north 2 deg 15' east, along sazd east r~ght of way lzne, a distance of 1318 2 feet to a point for a corner, same bemng the northwest corner of a tract of land conveyed by Raymond L Shockey, et ux to Allen Bogan by Deed dated April 3, 1947, sazd tract of land known as "Chaparral Estates", THENCE south 87 deg 02' east a dzstance of 2668 8 feet to a point for a corner in a fence line same bezng the east right of way line of a publzc road known as Meadowlark Road, THENCE northerly a dmstance of approxzmately 300 feet to a poznt, same being the southwest corner of a tract of land known as "Hidden Valley Estates" and being a westerly corner in the Town Limits Line of the Town of Shady Shores, THENCE north 2 deg 10' east, along sa~d Town Limits Llne a distance of 965 1 feet to a poznt, THENCE north 3 deg 09' east, along said Town Limits L~ne a distance of 1287 6 feet to a point for a corner, THENCE south 87 deg 13' east a d~stance of 2,309 0 feet, more or less, to a point for a corner zn said Town Limzts Lzne, THENCE north 4 deg 30~ east, along said Town Lzmzts L~ne, a distance of 12 5 feet to a point for a corner, THENCE south 87 deg 19' east, along said Town Limits Line, a distance of 500 0 feet to a poznt for a corner, THENCE north, along said Town Limits Line, a dzstance of approx- imately 500 feet to a point for a corner ~n the Garza-Little Elm Reservoir Line, THENCE easterly, along said Town Limits Lzne, same bezng the Garza-Little Elm Reservoir Lzne, to a point which lies approximately 2,400 feet east which line lies between the City of Denton, Texas and the Town of Shady Shores, Texas, both ~n Denton County, Texas (e) From and after the date of thzs Agreement and its approval and adoption by the governing bodies of the czttes which are partzes hereto, there is apportioned and released to the Town of Shady Shores, Texas, and it shall have exclusive extraterritorial 3ur~sd~ction over that territory lying south and, respectively, east of a line described by metes and bounds as follows BEGINNING at a point zn the centerlzne of Shady Shores Drive, said centerline also being the south boundary izne of the G Walker Survey~ Abstract No 1330, said poznt of begznning being the intersection of the centerline of Shady Shores Road and the extended east right of way line of a publzc road known as Old Cemetery Road, THENCE nort~ 35 deg 24' west, along the east right of way line of said Old Cemetery Road, a distance of 277 2 feet to a point, THENCE north 18 deg 45' west, along said east right of way llne, a distance of 214 4 feet to a poznt, THENCE north 1 deg 12f east, along said east right of way line, a distance of 822 4 feet to a poznt, THENCE north 2 deg 15' east, along said east right of way line, a distance of 1318 2 feet to a point for a corner, same being the northwest corner of a tract of land conveyed by Raymond L Shockey, et ux to Allen Bogen by Deed dated April 3, 1947, said tract of land known as "Chaparral Estates", THENCE south 87 deg 02' east a dmstance of 2668 8 feet to a point for a corner in a fence line, same being the east r~ght of way line of a public road known as Meadowlark Road, THENCE northerly a distance of approximately 300 feet to a point, same being the southwest corner of a tract of land known as "Midden Valley Estates" and being a westerly corner in the Town Limits Line of the Town of Shady Shores, THENCE north 2 deg 10' east~ along said Town Limzts Line, a distance of 965 1 feet to a poznt, THENCE north 3 deg 01f east, along said Town Lfmzts Line, a distance of 1287 6 feet to a point for a corner, THENCE south 87 deg 13' east a distance of 2,309 0 feet, more or less, to a point for a corner zn said Town Limits Lzne, THENCE north 4 deg 30' east~ along said Town Limlts Line, a distance of 12 5 feet to a poznt for a corner, THENCE south 87 deg 19' east, along said Town Llmlts Line, a distance of 500 0 feet to a poznt for a corner, THENCE north, along said Town Limits Line, a distance of approx- imately 500 feet to a point for a corner ~n the Garza-Lzttle Elm Reservoir Line, THENCE easterly, along said Town Limzts Line, same being the Garza-Little Elm Reservoir Line, to a poznt which lies approx- imately 2,400 feet east II This Agreement shall be executed in duplicate orlgzaal counterparts by the authorized representatives of each czty which ~s a party hereto, attested by its City Secretary, and be under the Corporate Seal of each of sazd czties III Thzs Agreement shall become effective upon ratification and approval by the governing bodies of the czties which are parties hereto IN TESTIMONY WHEREOF, wztness our hands and the Corporate Seal of sazd cities, this the ~th day of August, 1974 CITY OF DENTON, TE}iAS ATTEST ( Mayor /s/ BROOKS HOLT TOWN OF SHADY SHORES, TEXAS ATTEST BY /s/ MRS, FRED STEPHENS /s/ REBECCA BELL Mayor Town Secretary APPROVED AS TO LEGAL FORM /s/ JOHN K NARSUTIS City Attorney City of Denton, Texas /s/ SHIRLEY W PETERS Attorney for the Town of Shady Shores, Texas WHEREAS, the City Counczl of the C~ty of Denton, Texas has examined such agreement and has given due conszderatlon to continuity of ownershzp, existing property lmnes, and topography, together with all other relevant factors, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SECTION I That the foregoing Agreement zn writzng, negotiated between the City of Denton, Texas and the Town of Shady Shores, Texas, with respect to the apportionment of the territory described in such Agreement, which constztute areas of overlapping extraterritorial 3urisdict~on between said czties, be and it is hereby approved and adopted as the act and deed of the Czty of Denton, Texas, and the act of the Mayor and City Secretary zn szgnzng the same is hereby in all things confirmed as the act of the City of Denton, Texas SECTION II Th at a certified copy of this Ordinance shall be transmitted to the governing body of the Town of Shady Shores, Texas SECTION III That this ordinance shall be effectzve ~n~nediately upon its passage and approval PASSED AND APPROVED, this the ~ day of August, 1974 Mayor, City of Denton, Texas ATTEST APPROVED AS TO LEGAL FORM Ci~ Attorney,~/ty of' Defiton, Texa THE STATE OF TEXAS ~ COUNTY OF DENTON ~ CITY OF DENTON ~ T, BROOKS HOLT, City Secretary of the City of Denton, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance enacted by the C~ty Counczl of the C~ty of Denton, Texas, on the ~0~b~ day of August, 1974, and that the same ~s of record zn the Records of Ordinances of the City of Denton, Texas, in Volume ~ , Page , et seq I FURTHER CERTIFY that notice of sazd meeting, givzng the date, place and agenda thereof, was posted as prescrzbed by Article 6252-17, V A R C S of Texas, and that the meeting was open to the public IN TESTIMONY WHEREOF, witness my hand and the seal of the Cmty of Denton, Texas, this the ~ day of August, 1974 C~ty Se6retary, City of Denton, Texas EXTRATERRITORIAL AGREEMENT THE STATE OF TEXAS ~ COUNTY OF DENTON ~ THIS AGREEMENT made and entered into this the ~-~' day of August, 1974, by and between the City of Denton, Texas, a Municipal Corporation organized under and by virtue of a Home Rule Charter duly and regularly adopted in conformity with the General Laws and the Constitution of the State of Texas, located wholly within Denton County, Texas, and the Town of Shady Shores, Texas, a Municipal Corporation organized under the General Laws of the State of Texas, located wholly within Denton County, Texas, W ITNE S S E TH WHEREAS, the Municipal Annexation Act, Article 970a, V A R C S of Texas, grants authority to the cities having claims to areas of overlapping extraterritorial 3urlsdictzon, to apportion the same by mutual consent, and WHEREAS, it is the desire of the City of Denton, Texas to enter into such an agreement with the Town of Shady Shores, Texas, pertaining to cer- tain overlapping extraterritorial ~reas, which will mn all respects comply with the provisions of said Municipal Annexation Act, NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS I The parties hereto, the City of Denton, Texas, and the Town of Shady Shores, Texas agree that (a) The City of Denton, Texas has extraterritorial jurisdiction within two (2) miles of its corporate llmlts, as that term is defined by the pro- visions of the Municipal Annexation Act, V A R C S of Texas (b) The Town of Shady Shores, Texas has extraterritorial Jurisdlctxon within one-half (1/2) mile of its corporate limits, as that term ms defined by the provisions of the Municipal Annexation Act, V A R C S of Texas (c) There exists an area of overlapping extraterritorial jurisdiction in each of said cities, as that term is defined by the provisions of the Municipal Annexation Act, V A R C S of Texas, which area of extraterritor- ial jurisdiction lies south of the corporate limits of the City of Denton, Texas, and west of the corporate limits of the Town of Shady Shores, Texas (d) From and after the date of th~s Agreement and zts approval and adoption by the governing bodies of the czties which are partzes hereto, there is apportioned and released to the Czty of Denton, Texas, and it shall have exclusive extraterr~torzal jur~sdzctzon over that territory lyzng north and, respectively, west, of a line descrmbed by metes and bounds as follows BEGINNING at a point in the centerlzne of Shady Shores Drzve, said centerlzne also bezng the south boundary lzne of the G Walker Survey, Abstract No 1330, sazd point of beginnzng being the intersectzon of the centerline of Shady Shores Road and the extended east rzght of way l~ne of a publzc road known as Old Cemetery Road, THENCE north 35 deg 24' west, along the east rzght of way line of said Old Cemetery Road, a distance of 277 2 feet to a point, THENCE north 18 deg 45' west, along said east r~ght of way izne, a distance of 214 4 feet to a point, THENCE north 1 deg 12' east, along said east r~ght of way lmne, a distance of 822 4 feet to a point, THENCE north 2 deg 15' east, along sazd east r~ght of way line, a distance of 1318 2 feet to a point for a corner, same bezng the northwest corner of a tract of land conveyed by Raymond L Shockey, et ux to Allen Bogan by Deed dated Aprzl 3, 1947, said tract of land known as "Chaparral Estates", THENCE south 87 deg 02' east a distance of 2668 8 feet to a poznt for a corner in a fence line same bezng the east rzght of way line of a public road known as Meadowlark Road, THENCE northerly a distance of approxzmately 300 feet to a point, same bezng the southwest corner of a tract of land known as "Hidden Valley Estates" and being a westerly corner ~n the Town Limits Line of the Town of Shady Shores, THENCE north 2 deg 10' east, along said Town Lmmits Lmne, a distance of 965 i feet to a poznt, THENCE north 3 deg 01' east, along sa~d Town Lzmits Lzne, a d~stance of 1287 6 feet to a point for a corner, THENCE south 87 deg 13' east a distance of 2,309 0 feet, more or less, to a point for a corner ~n said Town Lzmzts Line, THENCE north 4 deg 30' east, along said Town Lzmits Line, a distance of 12 5 feet to a pomnt for a corner, THENCE south 87 deg 19' east, along sazd Town L~mits Lzne, a distance of 500 0 feet to a poznt for a corner, THENCE north, along sa~d Town Limzts Line, a distance of approx- imately 500 feet to a point for a corner ~n the Garza-Lzttle Elm Reservoir Line, THENCE easterly, along said Town L~mits Lzme, same being the Garza-Little Elm Reservoir Lzne, to a poznt which lies approximately 2,400 feet east which line lies between th~ City of Denton, Texas and the Town of Shady Shores, Texas, both zn Denton County, Texas (e) From and after the date of this Agreement and its approval and adoption by the governing bodies of the cities which are parties hereto, there is apportioned and released to the Town of Shady Shores, Texas, and zt shall have exclusive extraterritorial jurisdiction over that terri- tory lying south and, respectively, east of a line described by metes and bounds as follows BEGINNING at a point in the centerlzne of Shady Shores Drive, said centerllne also being the south boundary l~ne of the G Walker Survey, Abstract No 1330, said point of beginning being the intersection of the centerllne of Shady Shores Road and the extended east right of way line of a public road known as Old Cemetery Road, THENCE north 35 deg 24' west, along the east right of way line of said Old Cemetery Road, a distance of 277 2 feet to a point, THENCE north 18 deg 45' west, along said east right of way line, a distance of 214 4 feet to a point, THENCE north 1 deg 12' east, along said east right of way line, a distance of 822 4 feet to a point, THENCE north 2 deg 15f east, along said east r~ght of way line, a distance of 1318 2 feet to a point for a corner, same being the northwest corner of a tract of land conveyed by Raymond L Shockey, et ux to Allen Bogan by Deed dated April 3, 1947, said tract of land known as "Chaparral Estates", THENCE south 87 deg 02' east a distance of 2668 8 feet to a point for a corner in a fence line same being the east right of way line of a public road known as Meadowlark Road, THENCE northerly a distance of approximately 300 feet to a point, same being the southwest corner of a tract of land known as "Hidden Valley Estates" and being a westerly corner in the Town Limits Line of the Town of Shady Shores, THENCE north 2 deg 10' east, along said Town Limits Line, a distance of 965 1 feet to a point, THENCE north 3 deg 01' east, along said Town Limits Line, a distance of 1287 6 feet to a point for a corner, THENCE south 87 deg 13' east a d~stance of 2,309 0 feet, more or less, to a point for a corner in said Town Limits Line, THENCE north 4 deg 30' east, along said Town Limits Line, a distance of 12 5 feet to a point for a corner, THENCE south 87 deg 19' east, along said Town Limits L~ne, a distance of 500 0 feet to a point for a corner, THENCE north, along said Town Limits Line, a distance of approx- imately 500 feet to a point ~r a corner in the Garza-Lzttle Elm Reservoir Line, THENCE easterly, along sazd Town Limits Lzne, same bezng the Garza-Little Elm Reservozr L~ne, to a point which lzes approximately 2,400 feet east II This Agreement shall be executed in duplicate orlgmnal counterparts by the authorized representatives of each c~ty which ~s a party hereto, attested by zts City Secretary, and be under the Corporate Seal of each of said citzes III This Agreement shall become effective upon ratzfication and approval by the governzng bodmes of the cztzes whzch are partzes hereto IN TEST%MONY WHEREOF, witness our hands and the Corporate Seal of sa~d citzes thzs the ~--~'~day of August, 1974 CITY OF DENTON, TEXAS Mayor TOWN OF SHADY SHORES, TEXAS ATTEST/~ y BY //'~ APPROVED AS TO LEGAL FORM Czt'y Attorney City of Denton, Texas