2007-129s:\our documents\ordinances\07\corinth boundary agreement ord.doc
ORDINANCE NO. ,a, ~0 `/- /a 9
AN ORDINANCE APPROVING A BOUNDARY ADJUSTMENT AGREEMENT BETWEEN
THE CITY OF DENTON AND THE CITY OF CORINTH; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Denton and the City of Corinth desire to amend the future
mutual boundary as set forth in that certain Boundary Adjustment Agreement attached hereto
and made a part hereof as Exhibit "A" (the "Agreement"); 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 City Council finds that the Agreement and the adjustment to the future
mutual boundary is in the public interest; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance aze
incorporated herein by reference.
SECTION 2. The City Council of the City of Denton hereby approves the Agreement
and authorizes the Mayor, or his designee to enter into the Agreement on behalf of the City of
Denton.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this, the ~ day of (.UZQ, , 2007.
Q ~ ~~.e~~
PERK . McNEILL MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR ED A TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY:
EXHIBIT "A"
BOUNDARY 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 the future mutual boundary pursuant to this Agreement; 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 the adjusted future
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
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 Future Mutual Boundary 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 Future Lake Sharon Drive
For developments within Denton's adjusted city limits which front the adjusted boundary,
it is understood and agreed that Denton shall maintain jurisdiction, and apply its own
development standazds internal to these subdivisions, specifically including, but not limited to,
development standazds and design criteria which prescribe the necessity and location of
connecfions to the future Lake Shazon Drive. However, within the adjusted area, Corinth shall
retain exclusive jurisdiction and control over the future Lake Sharon Drive, and the design,
construction and permitting of any connections thereto, including those connections required by
subdivisions within Denton's city limits. Provided that the developers of such Denton
subdivisions meet the reasonable requirements imposed by Corinth for either temporary or
permanent (as appropriate) connection to the future Lake Shazon Drive, and provided that
Corinth's requirements aze not inconsistent with the subdivision requirements and design criteria
imposed upon such developers by Denton during the development review process, such permits
will not be unreasonably withheld. Upon satisfactory completion of such connection(s) to
Corinth's specifications, Corinth shall so notify Denton's City Engineer, and such notification
shall be considered by Denton as satisfactory of the connection requirement.
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 (`~~~_, 2007.
CITY OF DENTON, TEXAS
PERRY R. ! cNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
APPROVED BY DEN ORDINANCE NO. Z,O,D °~- ~2 y
;~`yOF COR~~Tti
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CITY SECRETA
APPROVED AS TO LEGAL FORM:
MICHlA~jEL A. B\UCEK, CITY ATTORNEY
BY: ///.rr, ~ ~~z-~~
CITY OF CORINTH, TEXAS
BY:
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