2015-180ORDINANCE NO. 2015 -180
AN ORDINACE OF THE CITY OF DENTON, TEXAS, CONFIRMING AND
APPROVING A BOUNDARY ADJUSTMENT AGREEMENT, WITH THE CITY
OF CORINTH, TEXAS, ADJUSTING A MUTUAL BOUNDARY OF THE CITIES
NOT EXCEEDING 1,000 FEET; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ( "Denton ") and the City of Corinth ( "Corinth ")
(each individually referred to as "City" and collectively referred to as the "Cities ") are
adjacent and neighboring municipalities that currently share common boundaries and are
empowered by State law, the Constitution, and their respective Charters to establish their
corporate boundaries; and
WHEREAS, the Cities desire to amend their mutual boundary as set forth in that
certain Boundary Adjustment Agreement attached hereto as Exhibit "A ", and
incorporated by reference as if set forth at length herein (the "Agreement ") which
confirms and adjusts their respective corporate boundaries; and
WHEREAS, Section 43.031 of the Local Government Code allows cities to enter
into mutually agreeable boundary changes if the width of the area does not exceed 1,000
feet; and
WHEREAS, the governing body of Corinth has approved the form of the
Agreement and has duly executed the same in Exhibit A; and
WHEREAS, Denton's City Council finds that the Agreement and the adjustment
to the mutual boundary is in the public interest for the health, safety and welfare of
residents; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this
ordinance are incorporated herein by reference.
SECTION 2. The City Council of the City of Denton hereby confirms and
approves the Agreement attached as Exhibit A and authorizes the Mayor, or his designee,
to enter into the Agreement on behalf of the City of Denton, Texas.
SECTION 3. This Ordinance has been twice read after published notice in
compliance with Denton City Charter Section 1.03 prior to its passage.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be unconstitutional or unlawful, such holding shall
not affect the validity of the remaining provisions of this Ordinance.
SECTION 5. This Ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the kday of ___ ............ . 2015.
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Cl1 i`ps WATI " °PS, AYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY _ �I,; IL �` n.�...
Exhibit A
ORDINANCE NO. 14- 08 -21 -30
BOUNDARY LINE ADJUSTMENT AGREEMENT
THIS AGREEMENT is made and entered in to by and between the CITY OF DENTON,
TEXAS, hereinafter referred to as "Denton ", and the CITY OF CORINTH, TEXAS, hereinafter
referred to as "Corinth ".
WHEREAS, pursuant to §43.031 of the Texas Local Government Code, Denton and
Corinth desire to adjust their boundary line; and
WHEREAS, the land affected by this change is less than 1,000 feet in width; and
WHEREAS, the governing bodies of Denton and Corinth find that adjusting their mutual
boundary is in the public interest.
NOW THEREFORE, in consideration of the mutual covenants, conditions, and promises
expressed herein, Denton and Corinth agree as follows:
SECTION I.
Future Mutual Boundary
Denton and Corinth hereby agree that their future mutual boundary shall be as described
as the "Revised City Limits Line" in Exhibit "A ", which is attached hereto and made a part of
hereof by reference. In this regard, each waives, releases and relinquishes its jurisdictional rights
to the other with respect to the side of the Revised City Limits Line that is located in the other
City's future territory as described on Exhibit "A ". It is expressly agreed that this waiver and
release shall only operate in favor of Denton and Corinth, and shall not constitute a waiver or
release of any right which Denton and Corinth may be able to assert against another
municipality.
SECTION II.
Jurisdiction over Connections and Connectivity along Winston Drive
Developments within Denton's adjusted city limits which front the Revised City Limits
Line shall comply with Denton's subdivision regulations and standards, specifically including,
but not limited to, development standards and design criteria which prescribe the necessity and
location of connections to the Winston Drive. However, Corinth shall retain exclusive
jurisdiction and control over Winston Drive, and the design, construction and permitting of any
connections thereto, including those connections required by Denton for subdivisions within
Denton's city limits. Corinth shall not unreasonably withhold permits or permanent (as
appropriate) connection to Winston Drive. Upon satisfactory completion of such connection(s)
to Corinth's specifications, Corinth shall notify Denton's City Engineer, and such notification
shall be considered by Denton as satisfactory of the connection requirement.
ORDINANCE NO, 14 -08 -21.30
Boundary Adjustment — Corinth _Denton
Winston Drive
Page 2 of 5
SECTION III.
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.
SECTION IV.
Approval by Governing Bodies
Denton and Corinth represent to each other that their respective governing bodies have
approved this Agreement by ordinance or resolution as set forth below.
SIGNED this day of, ,,'-Ft .� . ...... .....
CITY OF DENTON, TEXAS
CHRIS WATTS, .. jyNW4✓
TS, MAYOR
ATTEST:
JN I 1 TERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
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APPROVED BY DENTON ORDINANCE NO.��"
ORDINANCE NO. 14- 08 -21-30
Boundary Adjustment — Corinth—Denton
Winston Drive
Page 3 of 5
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APPROVED AS TO LEGAL FORM:
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