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RES 1309 07/26/2005 RESOLUTION NO. 1309 A RESOLUTION RECOGNIZING THE INTENTIONS OF THE CITY COUNCIL OF THE CITY OF CIBOLO AND CITY COUNCIL OF THE CITY OF SANTA CLARA TO RESOLVE AND SETTLE THE LITIGATION STYLED CITY OF SANTA CLARA V. CITY OF CIBOLO, CAUSE NO. 04- 1715-CV IN THE 25TH JUDICIAL DISTRICT OF GUADALUPE COUNTY, TEXAS, BY ENTERING INTO A SETTLEMENT AGREEMENT THAT WILL BE THE AGREED JUDGMENT APPROVED BY THE COURT; PROVIDING FOR A SPECIFIC TIME PERIOD TO ADOPT THIS RESOLUTION; AUTHORIZING THE ATTORNEYS REPRESENTING THE RESPECTIVE CITIES TO COMPLETE THE SETTLEMENT DOCUMENT ALONG WITH A MAP DETAILING THE NEW CITY LIMITS AND EXTRATERRITORIAL JURISDICTION LINE FOR THE CITY OF SANTA CLARA AND THE NEW EXTRATERRITORIAL JURISDICTION LINE FOR THE CITY OF CIBOLO. WHEREAS, the City of Santa Clara and the City of Cibolo have a continuing dispute about the extent of their respective city limits and extraterritorial jurisdiction; and WHEREAS, this dispute lead to the filing a lawsuit by the City of Santa Clara styled City of Santa Clara v. City of Cibolo, Cause No. 04-1715-CV in the 25th Judicial District of Guadalupe County, Texas, and a counter law suit filed by the City of Cibolo; and Page 1 of 6 WHEREAS, both Cities began negotiating a settlement several months ago in order to end this dispute in an amicable manner; and WHEREAS, both Cities believe that a court approved settlement agreement is in the best interests of the citizens of the area and will assist in repairing relations between the neighboring cities as they attempt to address regional issues that affect both cities in a spirit of cooperation and renewed trust; and WHEREAS, both Cities have come to a fair and appropriate agreement in order to resolve the pending dispute in litigation; and WHEREAS, this Resolution will be adopted by the City Councils of each City and reflects the intent of both parties to the litigation to resolved the boundaries dispute as discussed and presented to the respective City Councils and was negotiated by then Mayor Charles Ruppert for the City of Cibolo and Mayor Mueller for the City of Santa Clara; and WHEREAS, each City Council shall adopt this Resolution in a posted public meeting and acknowledge that it is their intention to adopt a settlement agreement that reflects this Resolution and which properly lays out the specifics of the agreement between the Cities, and will be reflected in the City of Santa Clara city limit map and the extraterritorial jurisdiction maps of the City of Cibolo and the City of Santa Clara prepared by the City Engineer for the City of Cibolo, Mr. Rudy Klein and confirmed by the City of Santa Clara; and Page 2 of 6 WHEREAS, state law authorizes a municipality to release and exchange extraterritorial jurisdictions with another municipality; and WHEREAS, the agreed settlement requires that the City of Santa Clara disannex a portion of its city limits and release a portion of its extraterritorial jurisdiction to the City of Cibolo as authorized by Tex. Loc. Gov't Code Sections 43.144 and 42.023 and this Resolution constitutes the City of Santa Clara's written consent and order to reduce its extraterritorial jurisdiction and to discontinue certain areas inside its current city limits; and WHEREAS, the agreed settlement requires that the City of Cibolo also release a portion of its extraterritorial jurisdiction to the City of Santa Clara as authorized by Tex. Loc. Gov't Code Chapter 42.023 and this Resolution constitutes the City of Cibolo's written consent and order to reduce its extraterritorial jurisdiction; and WHEREAS, the cities agree that this release of extraterritorial jurisdiction and city limits to the other is necessary to resolve this dispute and to insure that each City can control the growth and manage the development of the areas surrounding their communities in a manner that will preserve the country life style that has been the trademark of these areas; and WHEREAS, each City Council, by the adoption of this Resolution, acknowledges the intention to conclude this lawsuit by a settlement agreement and agreed judgment approved by the court and will endeavor to prepare the settlement document reflecting their agreement in as expeditious a manner as is possible. Page 3 of 6 WHEREAS, a conceptual settlement map is attached to this resolution for illustration purposes only and roughly sets out the newly agreed to boundaries and extraterritorial jurisdictions of each City. A more detailed and final map, along with appropriate field notes (including legal descriptions) shall accompany and be incorporated into the final settlement documents and the agreed judgment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCILS OF THE CITY OF CIBOLO, TEXAS AND OF THE CITY OF SANTA CLARA, TEXAS: SECTION 1. The City Council for the City of Cibolo and the City Council for the City of Santa Clara are both adopting this Resolution acknowledging their desire to settle the litigation styled City of Santa Clara v. City of Cibolo, Cause No. 04-1715-CV in the 25th Judicial District of Guadalupe County, Texas, and enter into a settlement agreement and an agreed judgment approved by the Court to resolve this litigation. SECTION 2. This Resolution will be adopted at a public meeting by each Council no later than August 31, 2005. The attorney representing the City of Cibolo and the attorney representing the City of Santa Clara shall prepare a settlement agreement to be adopted by each City Council that reflects the language in this Resolution, and which lays out the specifics of the agreed changes in city limits and extra-territorial jurisdiction. Once the settlement agreement and map reflecting the new city limit lines for the City of Santa Clara and the new extraterritorial jurisdiction lines for the City of Cibolo and the City of Santa Clara are completed, each City shall adopt at a public meeting the final settlement agreement and agreed judgment that will then be submitted to the Court to be its ruling and final decision in above referenced Cause No. 04-1715-CV. Page 4 of 6 SECTION 3. Both Cities acknowledge that the settlement agreement will be binding on both Cities and future Councils and reflects their agreement to apportion the extraterritorial jurisdiction between the Cities and said agreement authorizes and will grant each City the authority to regulate and annex in their respective extraterritorial jurisdiction as permitted by State law. SECTION 4. This Resolution shall not be effective unless passed and adopted by both the City Council for the City of Cibolo and the City Council for the City of Santa Clara. PASSED AND APPROVED BY THE CITY OUNCIL OF THE CITY OF CIBOLO, TEXAS, this, the 7`, day of41 2005. ATTEST: J Y SUTT YOR Oof Cibolo,cffxas (YI,Y�A YVA6NNE GRIFFIN, City S c etary Citof Cibolo, Texas APPROVED AS TO FORM: SUSAN C. ROCHA, City Attorney City of Cibolo, Texas PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SANTA CLARA, TEXAS, this, the day of , 2005. ATTEST: David D. 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