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Res 2818 7/31/1981RESOLUTION NO. 04P/ J7 RESOLUTION APPROVING AGREEMENT WITH LAKESIDE CITY APPORTIONING OVERLAPPED AREA OF EXTRATERRITORIAL JURISDICTION. WHEREAS, on the effective date of Chapter 160, Article I of the Acts of the 58th Legislature (Article 970a) , the area under the extraterritorial jurisdiction of Lakeside City was completely overlapped by the area under the extraterritorial jurisdiction of Wichita Falls, and the governing bodies of the two cities desire to apportion this overlapped area by mutual agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain extraterritorial apportionment agreement, a copy of which is attached hereto, between Wichita Falls and Lakeside City is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this theJ/ ,day of ) -cam',_,, , 1981. M A Y O RR ATTEST: City Cle EXTRATERRITORIAL JURISDICTION APPORTIONMENT AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA This agreement is made and entered by and between the City of Wichita Falls , Texas , a municipal corporation acting herein by and through its duly authorized officers, authorized by its Board of Alder- man, and the City of Lakeside City, Texas , a general law city, acting herein by and through its duly authorized officers, as authorized by its City Council. W I T N E S S E T H: WHEREAS, the City of Wichita Falls, Texas , is a home rule city having its corporate limits in Wichita and Archer Counties, Texas, and the City of Lakeside City, Texas, is a general law city, having its corporate limits in Archer County, Texas; and, WHEREAS, Wichita Falls had a population of more than Fifty Thousand (50,000) but less than One Hundred Thousand ( 100 ,000 ) inhabi- tants as of the 1980 United States Census, and has as its present cor- porate limits those limits described in the map thereof on file with the City Clerk of the City of Wichita Falls; and, The City of Lakeside City, Texas, had a population of less than Five Thousand (5 ,000) inhabitants as of the 1980 United States Census, and has as its corporate city limits those limits described in field notes thereof incorporated in the Order of Incorporation of the City of Lakeside City, dated September 9 , 1963, a certified copy of which was recorded October 3 , 1969 in Volume 331 , Page 283 of the Deed Records of Archer County, Texas, which said city limits have been further expanded by annexation ordinances on file with the City Clerk of the City of Lakeside City, Texas; and, WHEREAS, Wichita Falls is owner in fee of those certain lands lying in the lakebed of Lake Wichita, a lake located in Wichita and Archer Counties, Texas bordering the southern city limits of the City of Wichita Falls and the northern city limits of the City of Lakeside City, Texas, said lands being described in Exhibit "A" attached hereto and incorporated herein fully by reference; and, 1- WHEREAS, by reason of Article 970( a) of the Texas Revised Civil Statutes, known as the Municipal Annexation Act, enacted by the 58th Legislature, in 1963 , the extraterritorial jurisdiction of the City of Wichita Falls extended three and one-half miles from the then existent city limits of the City of Wichita Falls , and the extraterritorial jurisdiction of the City of Lakeside City, Texas, extended one-half 1 /2 ) mile from the then existent corporate limits of the City of Lakeside City, Texas ; and, WHEREAS, the extraterritorial jurisdiction allotted under Article 970 (a) to the City of Lakeside City overlaps the extraterri- torial jurisdiction allotted under the Article 970( a) to the City of Wichita Falls as of the effective date of the Municipal Annexation Act , referred to above, and as of this date; and, WHEREAS, the lands in the lakebed of Lake Wichita, owned by the City of Wichita Falls, lie wholly within the extraterritorial juris- diction of the City of Wichita Falls, and lie partially within the extraterritorial jurisdiction of the City of Lakeside City; and, WHEREAS, the City of Wichita Falls and the City of Lakeside City desire to apportion their respective extraterritorial jurisdictions by mutual agreement; NOW, THEREFORE , in consideration of the foregoing premises, and in consideration of the mutual promises and covenants, terms and conditions provided herein, the parties agree as follows: ARTICLE I APPORTIONMENT The City of Wichita Falls and the City of Lakeside City hereby agree that henceforth there shall be apportioned to the City of Lake- side City, as portions of its extraterritorial jurisdiction, that area and tract described in Exhibit "B" (Archer County lands) , it being stipulated and agreed that said areas shall henceforth be exclusively within the extraterritorial jurisdiction of the City of Lakeside City and that all other areas and tracts of land not incorporated therein but included within the extra territorial limits of the City of Wichita Falls , ( including the Lake Wichita lands described in Exhibit "A" ) shall be apportioned to the City of Wichita Falls and shall henceforth be within the exclusive extraterritorial jurisdiction of the City of Wichita Falls. The City of Wichita Falls hereby waives any right to 2- extend its extraterritorial jurisdiction to include any parts or portions of the lands thus apportioned to the City of Lakeside City; and, the City of Lakeside City hereby waives any right to extend its extraterritorial jurisdiction to include any lands or areas outside of the lands apportioned to it under this agreement. ARTICLE II VALIDATION OF PRE-EXISTING ANNEXATION By ordinance dated the 11 day of July, 1972 , the City of Lake- side City has heretofore annexed (or extended its city limits to in- clude that tract and parcel of land described in Exhibit "C" attached hereto and incorporated herein fully by reference, which said area was within the extraterritorial jurisdictions of both the City of Wichita Falls and the City of Lakeside City at the time of annexation, and said annexation having been made without notice to the City of Wichita Falls. The City of Wichita Falls hereby waives and relinquishes any right or claim which it has or may have had that the annexation was in any manner invalid or improper, it being stipulated and agreed that such area now lies within the extraterritorial jurisdiction apportioned to the City of Lakeside City hereunder. The City of Wichita Falls fur- ther agrees to waive any claim or objection to annexation by the City of Lakeside City of any other areas within the extraterritorial juris- diction apportioned to the City of Lakeside City hereunder; provided, however, that such waiver and relinquishment of claim shall not be con- strued as a waiver of any right or interest to the City of Wichita Falls to challenge, object, or oppose; 1 . Any annexation by the City of Lakeside City prior to the date of this agreement of any area outside of the extra territorial jurisdiction apportioned to the City of Lakeside City; or, 2. To any annexation by the City of Lakeside City in the future of any lands or area outside the extraterritorial jurisdic- tion apportioned to the City of Lakeside City hereby. ARTICLE III MISCELLANEOUS 3 .01 . Effective Date. This agreement shall become effective upon adoption thereof by the City of Wichita Falls and the City of Lakeside City by appropriate ordinance or resolution by their respec- 3- r tive governing bodies and execution hereof by their duly authorized officers. 3 .02. Entire Agreement. This agreement contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifica- tions concerning this agreement shall be of no force or effect except subsequent modification in writing signed by the parties sought to be charged. 3.03. Texas Law to Apply. This agreement shall be construed under and in accordance with the laws of the State of Texas. 3.04. Venue. All obligations of the City of Wichita Falls created hereunder are performable in Archer County, Texas. All obliga- tions of the City of Lakeside City hereunder are performable in Wichita County, Texas. EXECUTED this3/d y of 1981 . CITY OF WICHITA FALLS BY: CITY OF LAKESIDE CITY BY:tr\d"- THE STATE OF TEXAS § COUNTY OF WICHITA BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Stuart A. Bach , duly authorized City Manager of the City of Wichita Falls, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledge to me that the same was the act of the said City of Wichita Falls, a munici- pal corporation, and that he executed the same as the act of such muni- cipal corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 31st day of July, 1981. Notary Public, in and for My Commission Expires: Wichita County, Texas September 9, 1984 Kathleen L. Burbank THE STATE OF TEXAS § COUNTY OF WICHITA BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Jon J. Rivkin , duly authorized Mayor of the City of Lakeside City, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Lakeside City, a munici- pal corporation, and that he executed the same as the act of such muni- cipal corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 31st day of July, 1981. Notary Public, in and for My Commission Expires: Wichita County, Texas September 9, 1984 Kathleen L. Burbank 4- EXHIBIT "A" TO EXTRATERRITORIAL JURISDICTION APPORTIONMENT AGREEMENT CITY OF WICHITA FALLS AND CITY OF LAKESIDE CITY LAKE WICHITA LANDS) All of the lakebed of Lake Wichita, Wichita and Archer Counties , Texas, circumscribed by the water line of said lake when "even full" and level with the top of the present spillway at an elevation of 980 .7 feet above sea level. EXHIBIT "B" ARCHER COUNTY LANDS ) TO EXTRATERRITORIAL JURISDICTION APPORTIONMENT AGREEMENT CITY OF WICHITA FALLS AND CITY OF LAKESIDE CITY All that certain tract and parcel of land consisting of 315 . 98 acres more or less , lying and being situated in Archer County, Texas , described as follows: BEGINNING at the Northwest corner of the Bowman Cemetery, being a point in the South line of the city limits of the City of Lakeside City, Texas, according to the Order of Incorporation dated September 9 , 1963 and recorded in Volume 331 , Page 284 of the Deed records of Archer County, Texas; THENCE in an Easterly direction with and along the South boundary line of the city limits of the City of Lakeside City as described in the Order of Incorporation as fol- lows , East 500 feet along the North boundary line of said cemetery tract to the Northeast corner of said Bowman cemetery tract; THENCE South 362 feet to a point 10 feet South of the South right of way line of old County road; THENCE East, parallel with and 10 feet South of , South right of way line of old County road, a distance of 3 ,288 feet to a point in the center of bridge in old County road; THENCE in a Northeasterly direction parallel with and 10 feet South of the South right of way line of said old County road, a distance of 1 , 985 feet to corner; THENCE East parallel with and 10 feet South of South right of way line of old County road a distance of 3 , 000 feet to intersection with the West right of way line of State Highway No. 79 ; THENCE in a Southwesterly direction with and along the West right of way line of State Highway No. 79 to the intersection with the West line of Harvey Cox Survey, Abstract 67 Archer County, Texas; THENCE in a Northerly direction with and along said West- ern line of the Harvey Cox Survey to the intersection of such Westerly line with the shoreline of Lake Wichita when even full and level with the present spillway at an elevation of 980 . 7 feet above sea level ; THENCE with and along the shoreline of Lake Wichita in a Northeasterly direction to the intersection of the shore- line and the present South line of the city limits of the City of Lakeside City, Texas; THENCE East with such city limits line to the place of beginning . Page 1 of 1 t EXHIBIT "C" TO EXTRATERRITORIAL JURISDICTION APPORTIONMENT AGREEMENT CITY OF WICHITA FALLS AND CITY OF LAKESIDE CITY A tract of land out of the H . Cox Survey, A-67 , Archer County, Texas and being more specifically described by metes and bounds as follows: BEGINNING at a fence corner for the intersection of the North right-of-way line of a public road and the East right-of-way line of a public road (the Southerly exten- sion of Shoreline Drive) , said corner bears South 43° 14 ' East 4085.6 feet from the Northwest corner of the said H . Cox Survey, said corner being the Southwest corner of the George Adams lands and the Southwest corner of the herein described tract; THENCE North 00° 25' West 1087 feet along a fence line for the East right-of-way line of a public road (the Southerly extension of Shoreline Drive) to a point in the South right-of-way line of an old County Road and the South City Limits line of the City of Lakeside City, Texas, for the Northwest corner of this tract; THENCE North 89° 35 ' East 912 feet along the South right- of-way line of said old County Road and the South City limits line of the City of Lakeside City, Texas, to a point in a North-South fence line for the Northeast cor- ner of this tract; THENCE South 00° 25' East 857 feet along said North-South fence line, being the East line of the George Adams lands and the West line of the Albert Finkler lands to a fence corner in the North right-of-way line of State Highway 79 for the most Northerly Southeast corner of this tract; THENCE South 50° 12' West 330 feet along a fence line for the North right-of-way line of State Highway 79 to a fence corner in the North right-of-way line of a public road for the most Westerly Southeast corner of this tract; THENCE South 89° 55 ' West 657 feet along said fence line for the North right-of-way line of public road to the place of beginning and containing 22. 15 acres, more or less.