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Ordinance 14-M-03 - Boundary Adjustment with CiboloORDINANCE NO. 14 -M -03 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPROVING A BOUNDARY ADJUSTMENT AGREEMENT WITH THE CITY OF CIBOLO, TEXAS, AND ADJUSTING THE BOUNDARIES OF THE CITY OF SCHERTZ, TEXAS IN ACCORDANCE WITH SUCH AGREEMENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property depicted on Exhibit A (the "Property") to the Boundary Adjustment Agreement attached hereto as Schedule 1 and incorporated herein for all purposes (the "Agreement'), is located with the municipal boundary limits of City of Schertz, Texas ( "Schertz'). WHEREAS, the Property is a small sliver of a larger tract of land (the "Overall Tract ") owned by ( the "Property Owner "). WHEREAS, all of the Overall Tract, except for the Property, is located in the Cibolo extraterritorial jurisdiction (the "Cibolo ETJ "). WHEREAS, the City of Cibolo, Texas ( "Cibolo ") desires to annex the Overall Tract, including the Property, into the municipal boundary limits of Cibolo. WHEREAS, the Property Owner also desires for Cibolo to annex the Overall Tract, including the Property, into the municipal boundary limits of Cibolo. WHEREAS, in addition, near the Overall Tract, the boundary line of the Cibolo ETJ and the boundary line of the municipal boundary limits of Schertz cross, leaving a gap, which gap is more particularly depicted on Exhibit B to the Agreement (the "Gap Property "). WHEREAS, for clarification and to remove the gap, Cibolo and Schertz desire to establish that the Gap Property is and shall be located within the municipal boundary limits of Schertz. WHEREAS, Section 43.031 of the Texas Local Government Code authorizes adjacent municipalities to make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width. WHEREAS, Schertz and Cibolo are adjacent municipalities. WHEREAS, the Property is less than 1,000 feet in width, and the Gap Property is less than 1,000 feet in width. WHEREAS, it is the intent of Schertz and Cibolo to make mutually agreeable changes in their boundaries in order to modify the Schertz municipal boundary limits and to modify the limits of the Cibolo ETJ in accordance with the terms of the Agreement, by releasing the Property from the Schertz municipal boundary limits so that Cibolo can include the Property in the Cibolo ETJ and so that Cibolo can annex the Property into its municipal boundary limits and by establishing that the Gap Property is and shall be located within the municipal boundary limits of Schertz. WHEREAS, the depiction set forth on Exhibit C to the Agreement shows the boundary lines of the Schertz municipal boundary limits and the Cibolo ETJ limits with respect to the limits located near the location of the Property and the Gap Property as of the effective date of the Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: Section 1. The Agreement is hereby approved, and the City Manager, or his designee, is hereby authorized to execute and deliver the Agreement. Further, upon the effective date of the Agreement, the boundary line of the Schertz municipal boundary limits shall be adjusted as reflected in the Agreement. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. Section 3. All ordinances and codes, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters resolved herein. Section 4. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City hereby declares that this Ordinance would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Section 7. This Ordinance shall be effective upon the date of final adoption hereof and any publication required by law. 50726624.1 - 2 - PASSED ON FIRST READING, the 7th day of January, 2014. PASSED, APPROVED and ADOPTED ON SECOND READING, the 01�-day of rEMIR _ !.`.1. t ie ATTEST: Bren a Dennis, City Secretary (CITY SEAL) CITY O XAS Michael R. Carpenter, Mayor 50726624.1 - 3 - Schedule 1 Boundary Adiustment Agreement J` 4 °Os 2 Pt �1 i ✓5 A N\ `F C t W dm I IiLLo n V O m a m � Y 3 W w 3 MM o M N M N O Z z ryZ Z J J J J 0 L Q O }' p 4� m U iE(0 Q L W U c� G y�.• d Om T _s U � x � V E O w � v� o. r N � P N F ma �H m3 U $� N `e J a s/ J s v v l 6 ft 6 Fd 1 o oQ WHISPER FIELD 1 m d d t L L 6 6 �d U WHISPER f m � a N yY . � �\SPER W dm I IiLLo n V O m a m � Y 3 W w 3 MM o M N M N O Z z ryZ Z J J J J 0 L Q O }' p 4� m U iE(0 Q L W U c� G y�.• d Om T _s U � x � V E O w � v� o. r N � P N F ma �H m3 U $� N `e J a y�.• d Om T _s U � x � V E O w � v� o. r N � P N F ma �H m3 U $� N `e J a BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CITY OF CIBOLO, TEXAS This Boundary Adjustment Agreement (the "Agreement ") is entered into as of the date signed by the last of the parties hereto (the "Effective Date ") between the City of Schertz, Texas, a Texas home rule municipality ( "Schertz "), and the City of Cibolo, Texas, a Texas home rule municipality ( "Cibolo "), and joined by (the "Property Owner"). WHEREAS, the property depicted on Exhibit A attached hereto and incorporated herein for all purposes (the "Property") is located with the municipal boundary limits of Schertz. WHEREAS, the Property is a small sliver of a larger tract of land (the "Overall Tract ") owned by the Property Owner. WHEREAS, all of the Overall Tract, except for the Property, is located in the Cibolo extraterritorial jurisdiction (the "Cibolo ETJ "). WHEREAS, Cibolo desires to annex the Overall Tract, including the Property, into the municipal boundary limits of Cibolo. WHEREAS, the Property Owner also desires for Cibolo to annex the Overall Tract, including the Property, into the municipal boundary limits of Cibolo. WHEREAS, in addition, near the Overall Tract, the boundary line of the Cibolo ETJ and the boundary line of the municipal boundary limits of Schertz cross, leaving a gap, which gap is more particularly depicted on Exhibit B attached hereto and incorporated herein for all purposes (the "Gap Property "). WHEREAS, for clarification and to remove the gap, Cibolo and Schertz desire to establish that the Gap Property is and shall be located within the municipal boundary limits of Schertz. WHEREAS, Section 43.031 of the Texas Local Government Code authorizes adjacent municipalities to make mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width. WHEREAS, Schertz and Cibolo are adjacent municipalities. WHEREAS, the Property is less than 1,000 feet in width, and the Gap Property is less than 1,000 feet in width. WHEREAS, it is the intent of Schertz and Cibolo to make mutually agreeable changes in their boundaries in order to modify the Schertz municipal boundary limits and to modify the limits of the Cibolo ETJ in accordance with the terms hereof by releasing the Property from the Schertz municipal boundary limits so that Cibolo can include the Property in the Cibolo ETJ and so that Cibolo can annex the Property into its municipal boundary limits and by establishing that the Gap Property is and shall be located within the municipal boundary limits of Schertz. 50727029.1 - I - WHEREAS, it is the intent of Cibolo to annex the Property into the Cibolo municipal boundary limits no later than , 2014 (the "Outside Annexation Date "). NOW THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, Schertz and Cibolo agree as follows: 1. Relinquishment of the Property from SChertZ MUnieipal Boundary Limits. Schertz does hereby relinquish the Property from its municipal boundary limits and apportion the Property to the Cibolo ETJ. 2. Acceptance of the Property into Cibolo ETJ. Cibolo does hereby accept the apportionment of the Property into the Cibolo ETJ. 3. Gap Property. Schertz and Cibolo hereby clarify and establish that the Gap Property is and shall be located within the Schertz municipal boundary limits. To the extent necessary to effectuate the foregoing, Cibolo does hereby relinquish the Gap Property from the Cibolo ETJ and Schertz does hereby accept the apportionment of the Property into the Schertz municipal boundary limits. 4. Boundary Lines Upon the Effective Date. The depiction set forth on Exhibit C attached hereto and incorporated herein for all purposes shows the boundary lines of the Schertz municipal boundary limits and the Cibolo ETJ limits with respect to the limits located near the location of the Property and the Gap Property, as of the Effective Date. 5. Annexation of the Property. Cibolo agrees to annex the Property into its municipal boundary limits effective not later than the Outside Annexation Date. Cibolo agrees to notify the City Manager of Schertz in writing not later than the Outside Annexation Date that Cibolo has annexed the Property by such date. 6. Joinder by Property Owner, Application for Voluntary Annexation. The Properly Owner, by its joinder to this Agreement, agrees to the terms of this Agreement and, in furtherance thereof, agrees that this Agreement constitutes a petition to Cibolo for voluntary annexation requesting that Cibolo annex the Property into the municipal boundary limits of Cibolo not later than the Outside Annexation Date. 7. Property Owner Release. By its joinder to this Agreement, THE PROPERTY OWNER, ON BEHALF OF ITSELF AND ITS AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (THE "RELEASING PARTIES" ), TO THE FULLEST EXTENT PERMITTED BY LAW, HEREBY FULLY, FINALLY, AND FOREVER RELEASES AND DISCHARGES SCHERTZ, TOGETHER WITH EACH OF SCHERTZ'S AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THE FOREGOING PARTIES' RESPECTIVE COUNCILMEMBERS, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (THE "RELEASED PARTIES") FROM ANY AND ALL ACTIONS, CAUSES OF ACTION, CLAIMS, DEBTS, DEMANDS, LIABILITIES, OBLIGATIONS, AND SUITS, OF WHATEVER HIND OR NATURE, IN LAW OR EQUITY (INCLUDING WITHOUT LIMITATION, ANY AND ALL CLAIMS OF FRAUD, DURESS, CONTROL, MISTAKE, NEGLIGENCE, GROSS NEGLIGENCE, WRONGFUL CONDUCT, AND TORTIOUS 50727029.1 - 2 - INTERFERENCE), THAT EACH OF THE RELEASING PARTIES HAS, WHETHER KNOWN OR UNKNOWN, LIQUIDATED OR UNLIQUIDATED, ABSOLUTE, CONTINGENT OR SPECULATIVE, DIRECT OR INDIRECT, PRESENTLY ACCRUED OR TO ACCRUE HEREAFTER, FORESEEN OR UNFORESEEN, DIRECTLY OR INDH2ECTLY AS A RESULT OF, ARISING UNDER, RELATED TO, ON ACCOUNT OF OR OTHERWISE WITH RESPECT TO THIS AGREEMENT, THE RELEASE OF THE PROPERTY FROM THE MUNICIPAL BOUNDARY LIMITS OF SCHERTZ, ANY LACK OF MUNICIPAL SERVICES TO THE PROPERTY UPON AND FOLLOWING THE EFFECTIVE DATE, OR THE FAILURE OF CIBOLO TO ANNEX THE PROPERTY INTO THE CIBOLO MUNICIPAL BOUNDARY LIMITS, INCLUDING WITHOUT LIMITATION, ANY ACT, OMISSION, COMMUNICATION, TRANSACTION, OCCURRENCE, REPRESENTATION, PROMISE, DAMAGE, BREACH OF CONTRACT, FRAUD, VIOLATION OF ANY STATUTE OR LAW, COMMISSION OF ANY TORT, OR ANY OTHER MATTER WHATSOEVER OR THING DONE, OMITTED OR SUFFERED TO BE DONE BY ANY OF THE RELEASED PARTIES WITH RESPECT THERETO. IT IS THE INTENTION OF EACH OF THE RELEASING PARTIES THAT THE ABOVE RELEASE SHALL BE EFFECTIVE AS A FULL AND FINAL RELEASE OF EACH AND EVERY MATTER SPECIFICALLY AND GENERALLY REFERRED TO ABOVE. EACH OF THE RELEASING PARTIES ACKNOWLEDGES AND REPRESENTS THAT IT HAS BEEN ADVISED BY INDEPENDENT LEGAL COUNSEL WITH RESPECT TO THE AGREEMENTS CONTAINED HEREIN. THIS SECTION 7 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 8. No Waiver, No Third Party Beneficiaries. Each Party reserves and does not waive any defense available to it at law or in equity as to any claim or cause of action whatsoever that may arise or result from or in connection with this Agreement. This Agreement shall not be interpreted nor construed to give to any third party the right to any claim or cause of action, and neither Schertz nor Cibolo shall be held legally liable for any claim or cause of action arising pursuant to or in connection with this Agreement except as specifically provided herein or by law. Neither Party waives or relinquishes any immunity or defense on behalf of itself, its trustees, councilmembers, officers, employees, and agents as a result of the execution of this Agreement and the performance of the covenants and agreements contained herein. 9. Approval by the Cibolo City Council and the Schertz City Council. By signing this Agreement, Cibolo and Schertz each represent that the Agreement has been approved by its respective City Council. 10. Severabilitv. If any provision of this Agreement shall be deemed void or invalid, such provision shall be severed from the remainder of this Agreement, which shall remain in force and effect to the extent that it does not destroy the benefit of the bargain. 11. Entire Agreement. This Agreement is the entire agreement between the Parties as to the subject matter hereof and supersedes any prior understanding or written or oral agreement relative to the subject matter hereof. This Agreement may be amended only by written instrument duly approved and executed by both Parties in accordance with the formalities of this Agreement. 50727029.1 - 3 - 12. Governin¢ Law, Venue. The Parties agree that this Agreement shall be construed under the laws of the State of Texas, and obligations under the Agreement shall be performed in Guadalupe County, Texas. In the event that any legal proceeding is brought to enforce this Agreement or any provision hereof, the same shall be brought in the State District Court of Guadalupe County, Texas. The Parties agree to submit to the jurisdiction of said court. [Signatures on the following pages] 50727029.1 - 4 - SIGNATURE PAGE TO BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CITY OF CIBOLO, TEXAS IN WITNESS WHEREOF, the undersigned has entered into this Agreement as of the date of the acknowledgement to be effective as of the Effective Date. CITY OF SCHERTZ, TEXAS, a Texas municipal corporation C STATE OF TEXAS § COUNTY OF GUADALUPE § John C. Kessel, City Manager This instrument was acknowledged before me on the day of , 2014, by John C. Kessel, the City Manager of the City of Schertz, Texas, a Texas municipal corporation, on behalf of said city. [SEAL] Notary Public in and for the State of Texas Printed Name of Notary: My Commission Expires: 50727029.1 S -1 SIGNATURE PAGE TO BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CITY OF CIBOLO, TEXAS IN WITNESS WHEREOF, the undersigned has entered into this Agreement as of the date of the acknowledgement to be effective as of the Effective Date. CITY OF CIBOLO, TEXAS, a Texas municipal corporation By: _ Name: Title: STATE OF TEXAS § COUNTY OF GUADALUPE § This instrument was acknowledged before me on the ,the Texas municipal corporation, on behalf of said city. [ SEAL day of , 2014, by of the City of Cibolo, Texas, a Notary Public in and for the State of Texas Printed Name of Notary: My Commission Expires: 50727029.1 S -2 JOINDER TO BOUNDARY ADJUSTMENT AGREEMENT BETWEEN THE CITY OF SCHERTZ, TEXAS AND THE CITY OF CIBOLO, TEXAS IN WITNESS WHEREOF, the undersigned has executed this Joinder to the Agreement as of the date of the acknowledgement to be effective as of the Effective Date, in order to agree to the terms of the Agreement, including, without limitation, Sections 6 and 7 of the Agreement. PROPERTY OWNER: a By: _ Name: Title: STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 2014, by the of a Texas on behalf of said [SEAL] Notary Public in and for the State of Texas Printed Name of Notary: My Commission Expires: 50727029.1 S -3 Exhibit A Depiction of the Property 50727029.1 Exhibit A, Page 1 50727029.1 Exhibit B, Page 1 Exhibit B Depiction of the Gap Property 50727029.1 Exhibit B, Page 1 50727029.1 Exhibit D, Page 1 Exhibit C Depiction of the Boundary Lines as of the Effective Date 50727029.1 Exhibit C, Page 1