ORD 713 03/14/2006 ORDINANCE NO. 713
AN ORDINANCE
ADJUSTING THE BOUNDARIES OF THE EXTRATERRITORIAL
JURISDICTION OF THE CITY OF CIBOLO,TEXAS IN ACCORDANCE WITH THE
SETTLEMENT AGREEMENT AND COURT JUDGMENT
WHEREAS, the City of Santa Clara filed a declaratory judgment lawsuit against the City of
Cibolo on or about October 15,2004, styled and numbered, City of Santa Clara v. City of Cibolo,
Cause No. 04-1715-CV in the 25th Judicial District of Guadalupe County, Texas, and alleged that
a dispute existed between the cities regarding their respective municipal boundaries and
extraterritorial jurisdictions; and
WHEREAS, by Resolution 2005-2 adopted on July 25, 2005, the City Council of the City of
Santa Clara agreed to settle the above dispute with the City of Cibolo in relation to the
boundaries of the city limits of the City of Santa Clara,the extraterritorial jurisdiction of the City
of Santa Clara, and the extraterritorial jurisdiction of the City of Cibolo; and
WHEREAS, by Resolution 1309, adopted on July 26, 2005, the City of Cibolo also agreed to
settle the dispute; and
WHEREAS, the Settlement and Release Agreement (the "Agreement")(attached to this
ordinance as Exhibit "A") settling said dispute and which forms the basis of the Agreed Final
Judgment(the"Judgment") disposing of the litigation styled and numbered, City of Santa Clara
v. City of Cibolo, Cause No. 04-1715-CV in the 25th Judicial District of Guadalupe County,
Texas, was previously presented to, reviewed by, and approved by the City Council for the City
of Cibolo and City Council of the City of Santa Clara; and
WHEREAS, under the terms of the Agreement and the Judgment, the City of Santa Clara is to
discontinue ("disannex") an area within the city limits of the City of Santa Clara and will adjust
the boundaries of the extraterritorial jurisdiction of the City of Santa Clara as set forth in the
Agreement; and
WHEREAS, under the terms of the Agreement and the Judgment, the City of Cibolo is to adjust
the boundaries of its extraterritorial jurisdiction as set forth in the Agreement; and
WHEREAS, the City of Santa Clara has received pre-clearance from the U.S. Department of
Justice, Voting Rights Section, for the discontinuance from the city limits of certain areas in the
City of Santa Clara; and
WHEREAS the City of Santa Clara passed Ordinance 2006-1, adopted on February 13, 2006,
discontinuing the agreed upon areas as being within the city limits of the City of Santa Clara and
adjusted the boundaries of the City's extraterritorial jurisdiction in accordance with the
Agreement; and
WHEREAS the City of Cibolo should now recognize its new extraterritorial jurisdiction in
accordance with the Agreement;
NOW THEREFORE be it ordained by the City of Cibolo:
Section 1. Extraterritorial Jurisdiction Boundaries: The City of Cibolo recognizes its new
extraterritorial jurisdiction as of the date of the passage of this ordinance and which is set forth in
the Agreement attached hereto as Exhibit"A."
Section 2. No limitations: No limitations are placed upon the newly recognized
extraterritorial jurisdiction by the passage of this recognition ordinance. The City of Cibolo's
extraterritorial jurisdiction can move, alter, and change pursuant to Texas law and is subject to
the same adjustment as any other municipality's extraterritorial jurisdiction in the State of Texas.
Section 3. Authorization: The City of Cibolo City Attorney is hereby authorized to file this
ordinance and the attached Agreement with the court presiding over the above styled and
numbered lawsuit and to seek a dismissal from said court of'all claims brought by both cities in
accordance with the Agreement
This Ordinance shall be effective upon passage and adoption.
PASSED AND APPROVED BY THE CITY OF CIBOLO on this 14/ day of
1Y1'* c-A 2006.
MAYOR TY OF CIBOLO,TEXAS
ATTEST/
TTEST
�I-- 1
CITY SECRETARY
CAUSE NO. 04-1715-CV
CITY OF SANTA CLARA * IN THE DISTRICT COURT
Plaintiff/Counter Defendant *
VS. * 25TH JUDICIAL DISTRICT
*
CITY OF CIBOLO
Defendant/Counter Plaintiff * GUADALUPE COUNTY,TEXAS
SETTLEMENT AND RELEASE AGREEMENT
The parties to this Settlement and Release Agreement are as follows:
"PLAINTIFF" refers to City of Santa Clara, Texas, a governmental entity
organized and existing under the laws of the State of Texas, as well as its officials,
agents, officers, representatives, assigns, employees and predecessors and successors in
interest;
"DEFENDANT" refers to the City of Cibolo, Texas, a governmental entity
organized and existing under the laws of the State of Texas, as well as its officials,
agents, officers, representatives, assigns, employees and predecessors and successors in
interest;
"PLAINTIFF" and "DEFENDANT" shall be referred to jointly as the
"PARTIES" and individually as a"PARTY."
RECITALS
WHEREAS, PLAINTIFF filed a declaratory judgment lawsuit on or about
October 15, 2004, styled and numbered, City of Santa Clara v. City of Cibolo, Cause No.
04-1715-CV in the 25th Judicial District of Guadalupe County, Texas and alleged a
dispute existed between the PARTIES regarding their respective municipal boundaries
and extraterritorial jurisdictions. DEFENDANT filed a counter declaratory judgment
lawsuit asserting the PLAINTIFF'S municipal incorporation was void.
WHEREAS, the Parties, in addition to general denials, raised certain legal
defenses; and
WHEREAS, each of the Parties dispute liability and the legal contentions of the
other in this lawsuit; but PLAINTIFF and DEFENDANT desire to resolve this dispute at
the minimum cost and disruption to PLAINTIFF and DEFENDANT and in the best
interests of their respective citizens; and
Page 1 of 7
Whereas, the PARTIES, in good faith, desire to enter into this Settlement and
Release Agreement in full settlement and discharge of all actual claims and claims that
could and/or should have been raised in Cause No. 04-1715-CV, related to their
respective claims raised in the live pleadings herein and the foregoing recitals.
NOW, THEREFORE,the PARTIES agree as follows:
1.0 Release and Discharge
A. In consideration of the exchange of extraterritorial jurisdictions and the
release of certain sections of the PLAINTIFF'S city limits as more particularly set forth
in Section 2, THE PARTIES hereby completely release and forever discharge each other
from any and all past, present or future claims, demands, obligations, actions, causes of
action, rights, damages, attorneys' fees, costs, losses of services, expenses and
compensation of any nature whatsoever, whether based on a tort, statute, contract, or other
theory of recovery, on account of, or may in any way arise out of the incidents and facts
described in all live pleadings in Cause No. 04-1715-CV and the recitals herein, including
without limitation, any and all known or unknown claims, either state or federal claims,
alleged or which should or could have been alleged by either of the PARTIES in Cause
No. 04-1715-CV related to their respective claims raised in the live pleadings therein.
B. This release and discharge shall also apply to each PARTIES' past, present
and future, attorneys, agents, servants, representatives, officials, elected officials,
employees, predecessors, insurers, successors in interest and assigns.
C. This release and discharge on the part of PARTIES shall be a fully binding
and complete settlement by each PARTY, including its successors in interest, officials,
elected officials, agents, administrators, and employees. It is the intent of the PARTIES to
put an end to all litigation and disputes between the PARTIES and this Settlement and
Release Agreement should be liberally construed to accomplish such purpose.
D. The PARTIES acknowledge and agree that the release and discharge set
forth above is a general release. Each PARTY expressly waives and assumes the risk of
any and all claims for damages, which exist as of this date, but of which it does not now
know or suspect to exist, whether through ignorance, oversight, error, negligence, or for
any reason whatsoever, and which, if known, would materially affect each PARTY'S
decision to enter into this Settlement and Release Agreement. This Settlement and
Release Agreement includes any transactions, occurrences, or matters whether known or
unknown, arising or occurring under the dispute present in the live pleadings of this case.
E. It is understood and agreed by the PARTIES that this settlement is a
compromise of disputed claims and is not to be construed as an admission of liability on
the part of either PARTY by whom liability is expressly denied and continues to be
generally, specifically, and expressly denied.
Page 2 of 7
F. PARTIES further agree that upon the signing of this Settlement and
Release Agreement, each Party shall cooperate in the preparation, execution, and filing of
the necessary Agreed Judgment disposing of any and all claims contained or which could
or should have been contained in the case styled and numbered City of Santa Clara v.
City of Cibolo, Cause No. 04-1715-CV in the 25th Judicial District of Guadalupe County,
Texas.
2.0 Consideration and Mutual Agreement
A. In consideration of the release set forth above each Party agrees to the
following:
(i) The PARTIES have agreed to an exchange of extraterritorial
jurisdiction and the release of city limits with the field notes legal
descriptions attached hereto as Exhibit "A" representing the
boundary line of the extraterritorial jurisdiction of the City of
Cibolo where it is adjacent to the boundary line of the city limits of
the City of Santa Clara or the boundary line of the extraterritorial
jurisdiction of the City of Santa Clara. Additionally, the map/plat
attached hereto as Exhibit "B" represents and illustrates the
location of the boundary line of the extraterritorial jurisdiction of
the City of Cibolo where it is adjacent to the boundary line of the
city limits of the City of Santa Clara or the boundary line of the
extraterritorial jurisdiction of the City of Santa Clara.
(ii) The PLAINTIFF City of Santa Clara agrees that the field notes
legal description attached hereto as Exhibit "A" represents the
boundary line of the extraterritorial jurisdiction of the City of
Cibolo where it is adjacent to the boundary line of the city limits of
the City of Santa Clara or the boundary line of the extraterritorial
jurisdiction of the City of Santa Clara and the map/plat attached
hereto as Exhibit "B" illustrates the location of the boundary line
of the extraterritorial jurisdiction of the City of Cibolo where it is
adjacent to the boundary line of the city limits of the City of Santa
Clara or the boundary line of the extraterritorial jurisdiction of the
City of Santa Clara. The PARTIES agree to release city limits and
exchange extraterritorial jurisdiction to represent the agreed to
boundaries as set forth in Exhibits"A" and"B."
(iii) The PLAINTIFF City of Santa Clara agrees that the areas
illustrated on Exhibit "B" as being within the extraterritorial
jurisdiction of the. City of Cibolo shall hereby be recognized as
within the extraterritorial jurisdiction of the City of Cibolo. The
DEFENDANT City of Cibolo agrees that the areas illustrated on
Exhibit "B" as being within the city limits of the City of Santa
Clara or within the extraterritorial jurisdiction of the City of Santa
Clara shall hereby be recognized as within the city limits or within
the extraterritorial jurisdiction of the City of Santa Clara.
Page 3 of 7
(iv) The PARTIES agree that the dividing line between the
extraterritorial jurisdiction of the City of Cibolo and the
extraterritorial jurisdiction of the City of Santa Clara by the Santa
Clara Creek is a meandering line extending exactly one hundred
(100) feet east of the Creek as the Creek exists on the 28th day of
November, 2005, with the extraterritorial jurisdiction of the City of
Cibolo being west of such meandering line and the extraterritorial
jurisdiction of the City of Santa Clara being east of such
meandering line.
(v) The DEFENDANT City of Cibolo agrees that the field notes legal
description attached hereto as Exhibit "A" represents the boundary
line of the extraterritorial jurisdiction of the City of Cibolo where it
is adjacent to the boundary line of the city limits of the City of
Santa Clara or the boundary line of the extraterritorial jurisdiction
of the City of Santa Clara and that the map/plat attached hereto as
Exhibit "B" illustrates the location of the boundary line of the
extraterritorial jurisdiction of the City of Cibolo where it is
adjacent to the boundary line of the city limits of the City of Santa
Clara or the boundary line of the extraterritorial jurisdiction of.the
City of Santa Clara. The PARTIES agree to release city limits and
exchange extraterritorial jurisdiction to represent the agreed to
boundaries as set forth in Exhibits"A" and"B."
(vi) The PARTIES have made a good faith attempt to memorialize
their agreement in the field notes legal description and map/plat
attached hereto as Exhibits"A" and"B." The PARTIES recognize
and agree that if any slight typographical error exists within
Exhibit "A" or "B" causing an area to not close completely or
which may otherwise cause a legal fiction, such error shall not be
grounds to invalidate this agreement.
(vii) The Defendant City of Cibolo agrees that the municipal
incorporation of PLAINTIFF City of Santa Clara is valid.
(viii) Each Party is responsible for their own costs of suit and attorney's
fees associated with the claims present in this litigation and neither
Party shall be responsible for any costs or attorney's fees of the
other arising out of the claims made the basis of this litigation.
3.0 Acknowledgment of Settlement Terms and Conditions
In entering into this Settlement and Release Agreement, the PARTIES represent
that they have relied upon the advice of their attorneys, who are of their own choice,
concerning the legal consequences of the Settlement and Release Agreement and the
terms of this Settlement and Release Agreement have been completely read and
explained.
Page 4 of 7
•
4.0 Governing Law
This Settlement and Release Agreement shall be construed and interpreted in
accordance with the laws of the State of Texas. Venue is proper in Guadalupe County,
Texas.
5.0 Effectiveness
This Settlement and Release Agreement shall become effective immediately
following execution by both PARTIES.
6.0 Severability
Should any provision of this Settlement and Release Agreement be found to be
inoperative, void or invalid by a court of competent jurisdiction, all other provisions of
this Settlement and Release Agreement shall remain in full force and effect for the
duration of this Agreement, it being the intention of the PARTIES that no portion of this
Agreement or provision herein shall become inoperative or fail by reason of the invalidity
of any other portion or provision.
7.0 Enforcement
It is further understood that the provisions of this release are contractual and not
mere recitals. The terms and conditions set out in this Settlement and Release Agreement
may be enforced by further and appropriate action in a court of competent jurisdiction.
The PARTIES further provide that any party who rejects or fails to cooperate in carrying
out the terms of this Settlement and Release Agreement shall be liable for court costs and
attorney's fees incurred with enforcement of the terms of the Settlement and Release
Agreement.
Page 5 of 7
8.0 Submission to U.S. Department of Justice
The PARTIES recognize that the City of Santa Clara is required, by law, to
submit to the U.S. Department of Justice a request for pre-clearance of a change in its
municipal boundaries. The City of Santa Clara agrees to submit such a request within
five (5) business days from approval of this Settlement and Release Agreement and will
notify the City of Cibolo of the determination of the U.S. Department of Justice within
three(3)business days of receipt.
SIGNED THIS gDAY OF 1�►A'
9V , 2005.
III. ,,i,JO,
At,thofized Representative of the
City of Santa Clara
���J�
thorize• Rep sentative for the
f' r
ity of 'ibolo
STATE OF TEXAS
COUNTY OF GUADLUPE
hi .. Settlement and Release Agreement was acknowledged before me b
�n the authorized representative for the City of Santa Clara, on the a0
day of i ;t, ter; 2005.
. , 7 , ' .'
f^ ,_ Notary Public,State of Texas
i• My Commission DPW*: NO l'Y PUBLIC, STATE O TEXAS ,
• ��, February 26,2009
(Affix Notary Seal Above)
STATE OF TEXAS
COUNTY OF GUADALUPE
This Settlement and Release Agreement was acknowledged before me by
�k,,,,,1, C A-L ,, , the authorized representative 5ro} yo tty of kl � tfic day
17,1:11_ Notary Public,State of Texas
Of I}ecern�cr 2005. . ,",i., My Commission Expires #%i
'",sto otos August 07,2006
= IN/IINII ,
NOTARY PUBLIC, STATE OF TEXAS
Page 6 of 7
(Affix Notary Seal Above)
Page 7 of 7
Beginning at a point on the southwest line of the common line of the City of Cibolo E T J said point being
1,300.68 feet from the City of Cibolo—Santa Clara ETJ line;
Thence continuing S 78 degrees 42' 32"W 2,224.85 feet to a point of tangent of a curve to the right having
a central angle of 6 degrees 21' 54",and a length of 1,258.73 feet to a point of tangency;
Thence S 84 degrees 42' 10"W 424.77 feet to a point;
Thence S 85 degrees 44' 39"W 67.16 feet;
Thence S 84 degrees 25' 07"W 1,942.28 fee to a point;
Thence N 31 degrees 17' 34"W 480.64 feet;
Thence S 84 degrees 21' 12"W 813.42 feet;
Thence N 30 degrees 07'44"W 175.72 feet;
Thence N 30 degrees 07'44"W 3,146.56 feet;
Thence continuing along a curve to the right with a central angle of 63 degrees 20' 32",a length of
2,925.13 feet to the point of tangency thereof;
Thence N 30 degrees 08'46"W a distance of 1,887.05 feet;
Thence N 60 degrees 08' 54"E 1,624.01 feet;
Thence N 29 degrees 00' 53"W 2,071.09 feet;
Thence S 59 degrees 44' 36"W 1,323.75 feet;
Thence N 31 degrees 42' 15"W 1,398.31 feet;
Thence N 61 degrees 25' 37"E 237.80 feet;
Thence N 30 degrees 49' 17"W 900.47 feet;
Thence S 59 degrees 10'43"W 117.50 feet;
Thence N 30 degrees 49' 17"W 1,750.47 feet;
Thence continuing N 58 degrees 57'41"E 1,367.01 feet;
Thence N 30 degrees 19' 54"W 816.81 feet;
Thence N 57 degrees 58' 00"E 105.88 feet;
Thence N 31 degrees 11' 13"W 231.31 feet;
Thence S 81 degrees 42' 06"W 88.20 feet;
Thence N 27 degrees 48'46"W 76.32 feet to a point on a curve to the right having a central angle of 17
degrees 35'45"and a length of 853.54 feet;
Thence N 59 degrees 08' 07"E 1,459.99 feet to a point being the boundary of City of Santa Clara ETJ
line and boundary of the City of Cibolo ETJ line.
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CITY OF CIBOLO. TEXAS
CIBOLO-SANTA CLARA KLEIN ENGINEERING,INC.
...ono) ETU BOUNDARY
DATE AR*•,K6