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
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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