The URL can be used to link to this page

2015-151s:Uegal\our documents\ardinances\IS\ordinance-panderinterlocal boundary contraci.doc ORDINANCE NO. 2015-151 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN 1NTERLOCAL BOUNDARY AND EXTRATERRITORIAL JURISDICTION CONTRACT BETWEEN THE CITY OF DENTON AND THE TOWN OF PONDER; PROVIDING FOR SEVERABILITY, SAVINGS AND AN EFFECTIVE DATE. WHEREAS, the growth of the City of Denton ("Denton") and the Town of Ponder ("Ponder") has, over time, caused their extraterritorial jurisdiction ("ETJ") to overlap in certain areas; and WHEREAS, this overlap can lead to various legal and practical problems, which the parties wish to address by means of an interlocal agreement; and WHEREAS, such an agreement, permitted under Texas Local Government Code §§ 42.023 and 43.021, would provide that each party would release to the other a certain portion of its claimed ETJ, and would further establish a boundary line for subsequent exercise of extraterritorial jurisdiction by the parties; and WHEREAS, it is anticipated that Ponder will, by ordinance, pass a counterpart to this Ordinance, approving this agreement as well; and WHEREAS, this Agreement is in the best interests of the citizens of the City of Denton, Texas; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are true, correct, and incorporated herein by reference. SECTION 2. The Interlocal Boundary and Extraterritorial Jurisdiction Contract between the City of Denton and the Town of Ponder, attached hereto as Exhibit "A" is hereby approved. The City Council authorizes the City Manager, or his designee, to enter into the Agreement on behalf of the City, once Ponder has likewise approved the Agreement. SECTION 3. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 4. Save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain in full force and effect. s:\legal\our documents\ordinances\15\ordinance-ponder interlocal boundary contract.doc SECTION 5. This ordinance shall become effeEtive immediately upon its passage and approval. � �� PASSED AND APPROVED this the �� day of �� _ , 2015. � ; �� ,�� "� ,f �,� � � � ,�� .� � �� _ u .. _e � ......... a _ ..._. _._. � N C:f�� f� WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY Page 2 s:\legal\our documents\contracts\15\ponder etj agreement S.doc INTERLOCAL BOUNDARY AND EXTRATERRITORIAL JURISDICTION CONTRACT BETWEEN THE CITY OF DENTON AND THE TOWN OF PONDER This Interlocal Boundary and Extraterritorial Jurisdiction Contract ("Boundary Agreement"), effective as of the last date executed hereinbelow ("Effective Date") is between the City of Denton, Texas, a home-rule municipality located in Denton County, Texas ("Denton"), and the Town of Ponder, Texas, a type A general-law municipality located in Denton County, Texas ("Ponder") each individually referred to as "city" and collectively referred to as the "cities" or "parties", each acting by and through their duly authorized representatives, RECITALS WHEREAS, Denton and Ponder are municipalities in such proximity that their respective extraterritorial jurisdictions ("ETJ") overlap. Such an overlap is not legally permissible and could lead to practical difficulties and confusion for each city and its citizens, such as in the areas of land use regulation and annexation, absent this Boundary Agreement; and WHEREAS, In order to avoid any conflict or the unnecessary expense of potential litigation, Denton and Ponder have mutually agreed to release certain portions of their ETJs to each other, and to establish a boundary defining the manner in which each city's ETJ relates to the other ("Boundary"); and WHEREAS, the cities further find and determine that it is necessary for the health, safety and welfare of their respective inhabitants to establish and coniirm the Boundary as herein described; and WHEREAS, this Boundary Agreement is made under the authority of the cities operating under applicable law and as granted by and pursuant to Texas Local Government Code §§ 42.023 and 43.021 and the Texas Interlocal Cooperation Act, Article 791 of the Texas Government Code, as amended, providing for the cooperation between local government bodies; and WHEREAS, the cities have submitted to their respective governing bodies ordinances approving this Boundary Agreement, which establishes and confirms a Boundary of the ETJs of the respective cities as depicted in the boundary map attached as Exhibit "A" hereto and incorporated by reference herein. NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree as follows: 1. Recitals incorporated. The Recitals are true and correct and are incorporated as part of this Boundary Agreement for all purposes. Page 1 of 4 2. Release of Denton ETJ. Denton releases that part of its claimed ETJ shown on the map attached and marked as Exhibit "A" ("Boundary Map"), as described in this section, for inclusion into Ponder's ETJ. The ETJ released by Denton is located on the south side of the dividing line depicted on the Boundary Map and more particularly described on Exhibit "B" ("Boundary Line"). The portion of the ETJ released by Denton shall become part of Ponder's ETJ. 3. Release of Ponder ETJ. Ponder releases all of that part of its claimed ETJ shown on the map attached and marked as Exhibit "A" for inclusion into Denton's ETJ. The ETJ released by Ponder is located on the north side of the Boundary Line described in Exhibit "B". The portion of the ETJ released by Ponder shall become part of Denton's ETJ. 4. No Annexation. The Cities covenant and agree they will not attempt to annex any land made part of their respective ETJ by this Boundary Agreement without written consent of the other City, or extend their respective ETJ beyond the Boundary Line without written consent of the other City. Each City may otherwise expand its ETJ and Boundaries in accordance with State law. The cities covenant and agree that all prior annexations or actions by the cities in conflict with this Boundary Agreement are hereby rescinded, voided, and repealed to the extent of such conflict, and the cities relinquish any conflicting ETJ under Texas Local Government Code § 42.023, as amended. 5. Validation. The Cities covenant and agree to take such further steps as may be necessary under State law or their respective charters and ordinances to validate and memorialize this agreement by ordinance within sixty (60) days after the Effective Date. Upon ordinance approval by both cities, each city shall amend its official map to reflect and incorporate this agreed ETJ boundary, annotated with the ordinance numbers and dates of approval, and kept in the offices of each city's municipal clerk or secretary and municipal engineer (if any). Each city shall thereupon send certified copies of the ordinances and official maps reflecting the agreed ETJ Boundary to the Denton County Clerk for incorporation into the official county map records of Denton County, Texas. The failure of the cities or either one of them to adopt an official map or timely file such official map shall not hinder or impact the validity of this Boundary Agreement or the validity of the Boundary Line as established in this Boundary Agreement and shown on Exhibit "A". 6. No Show of Control. Ponder covenants and agrees that it will not attempt to assert any police powers or other governmental powers in the area of their released ETJ without Denton's written consent expressed by ordinance. 7. No Show of Control. Denton covenants and agrees that it will not attempt to assert any police powers or other governmental powers in the area of their released ETJ without Ponder's written consent expressed by ordinance. 8. Boundarv Line. The cities acknowledge that the Bbundary Line as described in Exhibit "B" and depicted in Exhibit "A" is not by metes and bounds and is an approximation. The Cities covenant and agree to determine and establish ETJs and boundary depicted on the Boundary Map along property lines and public roads and to use their best efforts to resolve issues relating �3oundary Ag�eerrtent betsveen Der�ian �znd Pona'er Page 2 of 4 to the fixing or setting of the exact location of the ETJs and boundary consistent with the Boundary Map. 9. Remedies. The cities agree that in the event of breach of this agreement, the City claiming the breach may pursue only injunctive relief and specific performance, The cities waive and release all other remedies, including claims to attorney's fees related to any claim or cause arising from the claimed breach. Non-binding mediation shall not be considered a remedy under the provisions of this Boundary agreement and may occur by the agreement of the parties or court order. 10. Severability. Should any provision of this agreement be declared void by a court of competent jurisdiction, the remaining provisions will remain in effect. The Boundary Agreement shall then be construed as if the invalid, illegal or unenforceable provisions had not been included herein and the respective governing bodies of each of the cities hereby declares that it would have passed and approved such remaining portions of this Boundary Agreement despite such invalidity which remaining portion shall remain in full force and effect. 11. Entire Agreement. This Boundary Agreement contains the entire agreement of the parties, and may be amended only by written agreement signed by both parties. 12. Third Party Beneficiaries. Nothing in this Boundary Agreement shall be construed to create any right in any person or entity not a signatory to this Boundary Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Boundary Agreement. 13. Immunitv. Nothing in this Boundary Agreement shall be deemed a waiver of the governmental, sovereign, or official immunity afforded by law to the cities and their officers, officials, and agents either individually or collectively. This Boundary Agreement shall not be subject to the terms of Subchapter I of Texas Local Government Code, Chapter 271. � � � — y ix their signatures and enter into this IN WITNES"� "�''1-C � EOF, the a��• '-� do hereb aff Agreement as of the day of __�� „ ,� 2015. CITY OF DENTON, TEXAS �, , �� BY � w....,,� ELL I �� .�,.,Y. � �, � � � � _ � � � ��.. �� ......_ �:.aL,�4�',��,r�.f Cs. CAMPB , � TY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY ; � BY.� ,� � � _ � �_ �� w. . .. ��"' : C3r��r� ��a t� .�P a;w°+.°a�� p�rd between Denton and Ponder Page 3 of 4 APPROVLD AS TO LEaAL FORM: ANITA k�T��k�� "1��' �;"�""1"�"�`C�N��" � �.�_.,..,�,�� ,� ,.. r ° � " �„ � � ,.. . �,��w�✓ . . ��. . +.�... , �.« .....« .:�.n ......,., „ „ ,. ., ,� :;;��'�" � ��....� �.. .�� .:�.�.. �,.�. � BY� ��"� �� ... �,,,,,� „� � ��. °* �, ��`` �� B� � ��,�� . ��' � �� .,. �� , �� #.. BY�� _� Dorrndmy Agreenr��fl bahvern Denbn u�rd Ponder Page 4 of 4 City of Denton / Ponder ETJ Map ....� ,. A0150A i A0191A �� AO7B7A +Yq&M�,�MN�Aeb � �.�„�"��•.�dYAfN� � "'wn�, lhp�7Gd� I w � n�� m.w „a ..... .. .... , _ — . I . ,. � 0137A a ��uW'"„w j� w, n A ��.r � � � A007EA � AW39A � ,� � � A0224A �A��/�y �4M+4154h AOYBBA AOBBOA � A0767A d4�'86794 � € � � /5,�4$$� 3 �,w,.�.,.�.,,. � „ . ,,.,. , ,,,, Y I �,,,,,�,I _. , .,,...� � MA44DD^�� A797BA � � . ` �I��Cd� � _. I.... ..... � ..... ... .. , ,.., ..... I � � � ..._� nPota.�'a AMNM�d�A � , „J , , � 64W�9��h � ., � , p4�APoq�V�� t A0670A HWY38Q"�' �II � _ , , f diq�N�lG �, � �._.. ,,. _._ � � .�.,�..,.�.,. �i.. a �, � � ,.. i . : � AVNG"7�,1E€) A14B3A ,„� .. � , � �_ b �tABp✓y �..,�am�, ,F�,.. ' A0014A �'�dCl . , „� ..,� ... r.. � ,. A7 7BA �M;➢S1'M"Ad � � ... . „ � � ' � na��m�v A110BA . a �wu�� 3 -0e�tOn � � �,�rt�aw �� I� DBI1f011 � noo�en � � � � � ' AA�;u � � I �, � � IIV ETJ � n�ar�u,I "�' , �. . �k �� .. �. � murz� �� " � ' � I A0Y6BA � 1 �. . �!1 � . �. , � � II � f � 1 ,... ,_ , ,.., ., i. r�,r x� ,. ,,, _, � � � � 1J � � � �� ,��a �� i� — ° p�app�p u� � �� ` �� r+�'r��m« �a � I � ��(((( � , � � i� nor �r� � � J�� .,.,. ,� � ' ` f � � I � . � �� 1 ° �,� � � 1 1 J' i � � �, �arrr��a �� a�,n ��a i �tara v�� ,��e.� � ��a � f �' ��y„ � wm .,.�.,...N e �� ' 1 !�'f r f � ' � j � �� /" � �. � �� %Y � � ��mr� �� W�o ,,, �,�� I �,�� o � , � f �t 1� �� 1� � i `� � � � l�a� �r, , � � ' � ; �, � , : � � � Il�� . ., a�;d4p+� � J '' �, , � � �� ,� � �11 1 � �i ,� i I �� i �� ,�� . � �� . �, �� I I�� , ,, ��.......� � � ,,, ��«�;�� ,,. . �' �, � � 1 „��,��f��(«<�««<��' ��'y�Vj��p A073TA � . ��ti�'� ��I�I.�� ..�.�, I � � `X��hNfJ�tlA. �,� . � � � �� A07BBA �' � 1 , � , �' � �m8w��,,,,. �s�r� � I � II�� ,a � �µ / II >.. f � I II� � IIl v 1.. � -d �III�II IIIIIIIII �� V �, � 1 �.,..; aaoeea y �w „ ,�' � , . ,' �. ; y� ,, � . �;. � , J ,.�., . '. � f :......... .......� At�O�R'n , � �i ..I��MYd�Pi.�'� � :.:.: ., A1521A � +� q1� � ,... � I x � 's d'R1� n �uW1�51,"'". �pW'�VQ' ,.,,,, � � � :��w� � J AOBBYA � .. e«r w; ,,,, <. . ... � . , . : � ,, � 9hD'f�Y69� � i � . .. ..._q__ ..... I „ �� ' [ � w�rew�w �I ,�,1�171'A�,�, ( ��I+pMI�d�M � , a... I.� j D@ntOn I A7041A : �R'�9 f��, �tl£i�ii. , wµm�w� *�,� � � ��W e,e, ��!� n T. �� , I' � �o� ,, , � � � � � �, A0602A ,, .. . . .�'�� .... . PONDER � ,� °' . "' .. ` . � � A707BA "" � . � � , „ .,,�,�,✓ "� �".w�w ��q � � �, ,� . -:�W9kf�� q � � � � ��' '�� . ,�:.�. � ,� � . ,ti.eK, � A03B7A '��' �� "� a s ...��,411rqYAF � ril� !Uy'A9M4F �� ,.._ 4 z _ ,��,�, a �� od. �� , ,»�..� �,ZA u� m� w � � A0450A A157BA AOBBBA �� 1iA�� ,> �rvu�r�a� � �I � '"�. ""�° 0 I' �' i i �ry . .... � � ,�Mrt,.. �� A0022A U�� 'w �% �, pj(J� � ' � � . .._� � �� ... w�w�wu�wwwrwuw�waw�rw � I AOB52A "�; A7423A I I �.; � A0241A '.,. AOOB6A ,,. ' I__. _— •°� �. , I . ,�... � . , a� „ i .. � �� A7607A pa �A0343A °a�. �. A1�AflM,�+� . ..., P ,p�o;�� .PONDER ��. �� .^ '�;��:, AOB25A � A0383A �'��WSI%FM � � , .•�� ..,.'� "",: ,, .,� �97d,� .......... .. A0475A I ..,, :� A10B3A .... .�.� "��"G � � A13B7A 9 { u m .— . � A1�64BA � I A1620A A74BBA 3 � � "��" � ': . �... � .... „ . A1071A $N.'tl4W�dG�. a . ,�„ . ....�� e ..�' � .��, �� ° ? �, AOBOBA M` _ � �� c A1057A � � ' A1445A , @ ' ," .��, � a A0203A � � A1444A , AOfi47A A14524 J g ,. A1583A �N�� i �� n � __ ��a ' o. , , , � Legend .� �` ��H1BIT N � Abstracts � � ETJ to Ponder � � • � Proposed Division Line �� ETJ to Denton "� q� nn nnnnnnnu � nn � '� � L'�, Roads � � COD �I� Ponder Ponder ETJ 0 2,250 4,500 9,000 � � « �o��_:�w........m Feet ° , COD ETJ �, „„ „, ,,,, , � EXHIBIT "B" Beginning at the Southwest corner of the Mial Scurlock Survey, Abstract Number 1141 and an inner ell corner of the John E. Anderson Survey, Abstract Number 22; Thence north with the centerline of Robson Ranch Road and the East line of the Anderson Survey to its most Northerly Northeast corner; Thence west along the centerline of Robson Ranch Road and the North line of the Anderson Survey to its Northwest corner in the middle of Florence Road; Thence north with the centerline of Florence Road, passing the Southeast corner of the A.M. Feltus Survey, Abstract Number 1286 in the middle of Blair Road, and continuing north passing the Southeast corner of the Fields Davis Survey, Abstract Number 371 in the middle of Seaborn Road to a point where the centerline of Florence Road intersects with the centerline of H. Lively Road in the East line of the Davis Survey; Thence east with the centerline of H. Lively Road to the Southeast corner of a 100 acre tract described in that Warranty Deed dated September 28, 1949, from Robert W. Owens and wife, Frankie Owens, to M.T. Cole, recorded in Volume 364, Page 69 of the Real Property Records of Denton County, Texas; Thence north along the East line of the M.T. Cole 100 acre tract to the middle of FM 2449; Thence west along the centerline of FM 2449 to a point directly south of the Southeast corner of DCAD Property ID 64379; Thence north along the East line of DCAD Property ID 64379 and 64377 to the latter's Northeast corner and the Southeast corner of DCAD Property ID 64435; Thence west along the South line of DCAD Property ID 64435 to its Southwest corner; Thence north along the West line of DCAD Property ID 64435 to the Northeast corner of DCAD Property ID 45257; Thence west along the centerline of T.N. Skiles Road to the existing city limits of the Town of Ponder; Thence following the city limits of the Town of Ponder northeasterly, westerly and southwesterly to a point directly east of the Northeast corner of Horton Acres; Thence west passing the Northeast corner of Horton Acres and continuing along its North line to its Northwest corner in the East line of DCAD Property ID 186048; Thence north along the East line of DCAD Property ID 186048 to its Northeast corner and the most Northerly Southeast corner of DCAD Property ID 558611; Thence west along the North line of DCAD Property ID 186048 passing its Northwest corner, bisecting DCAD Property ID 558611, and continuing west passing the Northeast corner of DCAD Property ID 172243 and along its North line to its Northwest corner in the East line of DCAD Property ID 45193; Thence north with the East lines of DCAD Property ID 45193, 45217, 45218, 45186 and 45189 to the latter's Northeast corner and the Northwest corner of DCAD Property ID 45220; Thence west along the North line of DCAD Property ID 45189 to the city limits of the Town of Ponder in the middle of George Owens Road; Thence north� with said city limits and the centerline of George Owens Road to its intersection with the centerline of Knight Lane; Page 1 of 2 Thence west with said city limits and the centerline of Knight Road passing the point where the city limits turns south to a point directly north of the Northwest corner of DCAD Property ID 45178; Thence south along the West line of DCAD Property ID 45178 to the centerline of January Lane; Thence west along the centerline of January Lane and continuing west along the centerline of Schluter Road to the Northwest corner of the John McGowan Survey, Abstract Number 902 in the middle of a North South Road; Thence north with the centerline of the road to the Northeast corner of the Joseph T. Cook Survey, Abstract Number 305 in the middle of a road; Thence west with the centerline of Schluter Road along the North line of the Cook Survey to its Northwest corner and an inner ell corner of the J.W. Langley Survey, Abstract Number 782; Thence south continuing with the centerline of the road and the along the West line of the Cook Survey and the most Southerly East line of the Langley Survey to its most Southerly Southeast corner and the Northeast corner of the T. & P. RR. Co. Survey, Abstract Number 1296. Thence west continuing with the centerline of the road along the North line of the T. & P. RR. Co. Survey to the East line of the William E. King Survey, Abstract Number 708; Thence south with the East line of the King Survey passing the Northwest corner of the Reuben Vaughn Survey, Abstract Number 1314, to the Northeast corner of the Anderson Henry Survey, Abstract Number 527; Thence west along the North line of the Henry Survey to its Northwest corner and an inner ell corner of the Thomas Crainshaw Survey, Abstract Number 220; Thence south with the West line of the Henry Survey and the East line of the Crainshaw Survey to the Northeast corner of DCAD Property ID 75748; Thence west along the North line of DCAD Property ID 75748 and the South line of DCAD Property ID 64489 to the East line of the Joseph Humphries Survey, Abstract Number 513 in the middle of Deussen Road; Thence north with the centerline of Deussen Road to a point where the road turns west at the Northwest corner of DCAD Property ID 64312 and continuing west with the centerline of the road along the North line of DCAD Property ID 64312 and the South line of DCAD Property ID 64311 to the Denton/Wise County Line.