HomeMy WebLinkAbout02-23-17-2h - Resolution - 02/23/2017 RESOLUTION NO. 02-23-17-211
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION TEXAS,
AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE
CITY OF BRYAN, TEXAS, IN ACCORDANCE WITH THE INTERLOCAL COOPERATION
ACT AS SET FORTH IN CHAPTER 791 OF THE TEXAS GOVERNMENT CODE, AND IN
ACCORDANCE WITH CHAPTER 42 OF THE TEXAS LOCAL GOVERNMENT CODE, TO
HELP AVOID CONFLICTS AND UNCERTAINTY RELATIVE TO THE EXTENT AND
LOCATION OF BOTH CITIES' FUTURE CORPORATE LIMITS AND EXTRATERRITORIAL
JURISDICTION, REPLACING AN INTERLOCAL AGREEMENT ENTERED INTO BY THE
CITIES ON MARCH 13, 1980 REGARDING THE SAME SUBJECT MATTER; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of College Station (the "City") and the City of Bryan are both chartered,
home-rule municipalities and are adjacent municipalities that currently share common extraterritorial
jurisdiction (ETJ)boundaries; and
WHEREAS, both cities have subdivision regulatory authority and other authority pursuant to
applicable law in their respective ETJs; and
WHEREAS, both cities have an ETJ which extends three and one-half(3-1/2) miles beyond the
corporate limits; and
WHEREAS, the cities have the ability to expand their respective ETJs through annexation and
number of inhabitants; and
WHEREAS, a written agreement setting forth such designation,the Interlocal Agreement between
the City of Bryan and the City of College Station, is attached to this Resolution as "Interlocal Agreement
Between the City of College Station and the City of Bryan, Apportioning Overlapping Area of
Extraterritorial Jurisdiction"; and
WHEREAS, said Interlocal Agreement is to replace that one certain entered into by the cities on or
about March 13, 1980 regarding the same subject matter; and
WHEREAS, said Interlocal Agreement is being entered into pursuant to the Interlocal Cooperation
Act as set forth ill Chapter 791 Texas Government Code, Chapter 42 Texas Local Government Code and
other applicable authority; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
PART 1: That the facts and recitations contained the preamble of this Resolution are hereby found
and declared to be true and correct.
PART 2: That the College Station City Council hereby authorizes the Mayor to execute, on behalf
of the City, at the appropriate time, and with the appropriate authorizations from this
governing body the Interlocal Agreement that is attached to this Resolution as Exhibit
"1" ("Interlocal Agreement Between the City of College Station and the City of Bryan,
Apportioning Overlapping Area of Extraterritorial Jurisdiction").
RESOLUTION NO.02-23-17-2h Page 2 of 15
PART 3: That this Resolution shall be effective immediately upon its adoption by the College
Station City Council.
APPROVED AND ADOPTED by the College Station City Council at a regular meeting on the 23rd day of
February 2017.
ATTEST: APPROVED:
City Secretaqor M••n-y, a or
APPROVED:
�i► .
City Atto ley
RESOLUTION NO.02-23-17-2h Page 3 of 15
EXHIBIT "1"
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF COLLEGE STATION AND THE CITY OF BRYAN,
APPORTIONING OVERLAPPING AREA OF EXTRATERRITORIAL JURISDICTION
This Interlocal Agreement is made and entered into by and between the City of College Station,
Texas, ("College Station") a chartered, Texas home-rule municipality and the City of Bryan, Texas,
("Bryan") a chartered,Texas home-rule municipality, individually or collectively sometimes called "City"
or"Cities"herein.
RECITALS
WHEREAS, College Station and Bryan are adjacent municipalities that currently share common
extraterritorial jurisdiction ("ETJ") boundaries; and
WHEREAS, both Cities have subdivision regulatory authority and other authority pursuant to
applicable law in their respective ETJs; and
WHEREAS, College Station has an ETJ which extends three and one-half(3-1/2) miles beyond
the corporate limits; and
WHEREAS, Bryan has an ETJ which extends three and one-half(3-1/2)miles beyond the corporate
limits; and
WHEREAS, the Cities seek to avoid certain conflicts and uncertainty relative to the extent and
location of their future corporate limits and ETJ and the potential for litigation involving the same; and
WHEREAS, the Cities have reviewed their respective corporate boundaries and ETJ based upon
their respective populations and Chapter 42 of the Texas Local Government Code; and
WHEREAS, the Cities have the ability to expand their respective ETJs through annexation and
number of inhabitants; and
WHEREAS, this Agreement is also being entered into pursuant to the Interlocal Cooperation Act
as set forth in Chapter 791 Texas Government Code, Chapter 42 Texas Local Government Code and other
applicable authority; and
RESOLUTION NO.02-23-17-2h Page 4 of 15
WHEREAS,this Agreement is intended to replace that one certain entered into by the Cities on or
about March 13, 1980 regarding the same subject matter;
NOW THEREFORE, for and in consideration of the promises, covenants, and agreements
contained herein,the Cities agree as follows:
L General
1.1 Recitals. The Cities agree with and incorporate the recitals above as part of this Agreement.
1.2 Effective Date. The Cities covenant and agree that from and after the approval by the governing bodies
by ordinance of this Agreement by both Cities, this Agreement shall go into effect and the common
ETJ boundary shall be as described below and as further depicted on the maps attached hereto as
Exhibit"A."
1.3 Consideration. The Cities agree and stipulate that the mutual covenants and agreements contained
herein, and the actions taken by each in fulfilling their respective agreements hereunder are good and
valuable consideration for this Agreement. The Cities further agree that the boundary and ETJ
adjustment made hereunder constitute additional good and valid consideration and serve the valid
government purpose of establishing and confirming boundaries and ETJ.
II. Common ETJ boundary Description
2.1 Existing Corporate and ETJ boundary agreed upon: The description of a portion of existing common
ETJ boundary is as set forth in Article I of the Agreement between the Cities of Bryan and College
Station, Texas Apportioning Overlapped Area of Extraterritorial Jurisdiction adopted on or about
March 13, 1980, so that the area north of said boundary being in the corporate or ETJ boundary area
of Bryan and the area south of said boundary being in the corporate or ETJ boundary area of College
Station. Said Article I is hereby incorporated as if recited in full herein and is as set forth in Exhibit
"A-1"attached hereto and made a part hereof.
2.2 Additional Agreed upon Corporate and ETJ boundary: The description of the remaining portion of
common ETJ boundary for the Cities shall be as follows:
RESOLUTION NO.02-23-17-2h Page 5 of 15
East Side of Cities. The following description is the agreed upon corporate and ETJ boundary line
for the Cities beginning at a point certain on the eastern side with the area north of said boundary
being in the corporate or ETJ boundary area of Bryan and area south of said boundary being in the
corporate or ETJ boundary area of College Station:
Beginning at the point of intersection of the centerline of the Navasota River with
the southwest right-of-way line of State Highway no. 30, being the end of the current ETJ
agreement for the east side of the cities of Bryan and College Station, Texas, executed on
or about March 13, 1980.
Thence up the centerline of the Navasota River (main channel) to the common
west corner of the Madison County and Grimes County boundaries,
Thence eastward along the said common boundary line of the Madison County and
Grimes County to the north common corner of Grimes County and Walker County,Texas,
as set forth in Exhibit "A-2" attached hereto and made a part hereof or to another point
agreed to by the cities of Bryan and College Station,Texas.
West Side of Cities. The following description is the agreed upon corporate and ETJ boundary line
for the Cities beginning at a point certain on the western side with the area north of said boundary being in
the corporate or ETJ boundary area of Bryan and area south of said boundary being in the corporate or ETJ
boundary area of College Station:
Beginning at the point of intersection of the centerline of the Brazos River with the
extension of the southeast line of that called 1945 acre"Block no. 1"of the division of the
John H. Jones league according to plat recorded in volume D, page 20 of the Probate
Records of Brazos County, Texas, being the current ETJ agreement line for the west side
of the cities of Bryan and College Station, Texas, executed on or about March 12, 1980,
and being approximately parallel and 4600 feet northwest of Farm Road no. 60 (F.M. 60).
Currently, the land on the southeast side of this line, on the east bank of the Brazos River,
is described as 28.85 acres in the deed to Bona Fide Acquisitions, LLC recorded in volume
13372, page 213 of the Official Public Records of Brazos County, Texas, and the land on
the northwest side of this line, on the east bank of the Brazos River, is that called 44-1/2
acre tract now or formerly owned by Roseanne Foster Albritton.
Thence down the centerline of the Brazos River, approximately 4750 feet to its
intersection with the northwest right-of-way line of said F.M. 60;
RESOLUTION NO.02-23-17-2h Page 6 of 15
Thence southwest along the northwest right-of-way line of F.M. 60 to its
intersection with the northeast ETJ boundary of the town of Snook,Texas;
Thence around the southern portion of the said Snook ETJ boundary to its
intersection with the northwest right-of-way line of F.M. 60 on the west side of Snook;
Thence continuing along the northwest right-of-way line of F.M. 60 to its
intersection with the northeast right-of-way line of State Highway no. 36 in the community
of Lyons, Texas, as set forth in Exhibit"A-2" or to another point agreed to by the cities of
Bryan and College Station, Texas.
III. Annexation
3.1 Prior Annexations. The Cities agree and covenant that all prior annexations or actions by the Cities in
conflict with the boundaries reflected in this Agreement are hereby rescinded,voided, and repealed to
the extent of that conflict, and the Cities relinquish any conflicting ETJ pursuant to Sections 42.022
and 42.023 Texas Local Government Code and other applicable law. Each City fully waives and
releases any and all claims of every conceivable nature against each other City and their respective
City Council members, officers, employees and representatives regarding this Agreement, the
ordinance adopting and authorizing this Agreement, and any and all boundary, ETJ, and annexation
issues or claims, demands, controversies or causes of action, including under the Declaratory
Judgment Act.
3.2 Annexation. The Cities covenant and agree that the Cities shall not annex property nor expand ETJ into
any area described below and depicted on Exhibit"A"as being within the other City's corporate limits
or ETJ boundary area without such City's written consent. A City may expand its ETJ in accordance
with state law, however, in no event may a City's ETJ include an area described below and depicted
on Exhibit"A"to be within the corporate boundaries or ETJ boundary area of the other City, without
such City's written consent.
IV. Liaisons and Notices
4.1 Unless written notification in the form and manner set forth below is given to the contrary, the
respective City's Director of Planning and Development Services shall be the designated
representative responsible for the administration of this Agreement.
RESOLUTION NO.02-23-17-2h Page 7 of 15
4.2 For purposes of this Agreement, all official communications and notices between the parties shall be
deemed sufficient if in writing and hand delivered or mailed, registered or certified mail, postage
prepaid,to the addresses set for below:
City of College Station:
City of College Station
PO box 9960
College Station, TX 77842
Attn: City Manager
With a copy to: City Attorney
City of Bryan:
City of Bryan
300 S. Texas Ave.
Bryan, TX 77803
Attn: City Manager
With a copy to: City Attorney
V. Miscellaneous
5.1 This Agreement expresses the entire agreement between the parties hereto regarding the subject matter
contained herein and may not be modified or amended except by written agreement duly approved by
both parties.
5.2 This Agreement has been duly approved by each party's governing body and constitutes a binding
obligation of each party.
5.3 This Agreement shall be construed in accordance with the laws of the State of Texas and venue for all
purposes hereunder shall be in Brazos County,Texas.
5.4 If any provision hereof is determined by any court of competent jurisdiction to be invalid, illegal or
unenforceable, or to be invalid, illegal or unenforceable as applied to an area of land, such invalidity,
illegality or unenforceability shall be fully severable herefrom; and this Agreement shall be construed
and enforced as if such invalid, illegal or unenforceable provision or invalid, illegal or unenforceable
application to an area of land never comprised a part hereof as of the date of such determination of
invalidity, illegality or unenforceability; and the remaining provisions and application to remaining
areas of land shall continue in full force and effect.
RESOLUTION NO.02-2347-2h Page 8 of 15
5.5 This Agreement is not intended to extend the liability of the parties beyond that provided by law.
Neither City waives any immunity or defense that would otherwise be available to it at law or in equity
to either of the Cities nor to create any legal rights or claims or waivers of defense on behalf of any
third party.
5.6 This Agreement is not intended to confer any rights on any third parties, and it shall not be construed
as conferring any rights on any third parties.
5.7 The waiver by either party of a breach of this Agreement shall not constitute a continuing waiver of
such breach or of a subsequent breach of the same or a different provision.
APPROVED by the City Council of the City of Bryan, Texas in its meeting held on February 14, 2017,
and executed by its authorized representative.
CITY OF BRYAN,TEXAS
By:
Andrew Nelson, Mayor
ATTEST:
Mary Lynne Stratta, City Secretary
APPROVED AS TO FORM:
Janis K. Hampton, City Attorney
APPROVED by the City Council of the City of Bryan, Texas in its meeting held on February 14, I
and executed by its authorized representative.
CITY OF BRYA►' AS
-
BY_ r
•n rew Nelson,Mayor
ATTEST:
.001x' et4k
aary Lynne stratta, City Secretary
APPROVED AS TO FORM:
J iris K. Hampton, City Attorney
RESOLUTION NO.02-23-17-2h Page 9 of 15
APPROVED by the City Council of the City of College Station, Texas, in its meeting held on February
23,2017, and executed by its authorized representative.
CITY OF COLLEGE STATION,TEXAS
By:
Karl Mooney, Mayor
ATTEST:
City Secretary
APPROV
Ii
I IRM:
Ci Atori ey
RESOLUTION NO.02-23-17-2h Page 10 of 15
EXHIBIT A
A-1
AGREEMENT BETWEEN THE CITIES OF BRYAN AND COLLEGE STATION, TEXAS
APPORTIONING OVERLAPPED AREA OF EXTRATERRITORIAL JURISDICTION
STATE CF TEXAS
COU::T'i OF BRAZOS
WHEREAS, the Cities of Bryan and College Station, Texas, are municipal
corporations, with an overlapping extraterritorial jurisdiction; and
WHEREAS, the City of Bryan has an extraterritorial jurisdiction which
extends for two (2) miles the corporate limits of such City; and
WHEREAS, the City of College Station has an extraterritorial jurisdiction
which extends for two (2) miles the corporate limits of such City; and . ,
WHEREAS, the Cities are desirous of apportioning such area of Overlapping
extra; rritorial jurisdictions pursuant to the provisions of the Municipal
Ann_.c.:tion Act, Article 970(a) of the Revised Civil Statutes of Texas; and
;:;iEREAS, the Cities have agreed to a line of demarcation to differentiate
those areas which shall be in the extraterritorial jurisdiction of the City of •
Bryan, and those areas which shall be in the extraterritorial jurisdiction of
the City of College Station; (a map showing the line and the respective areas
of each City is attached to this agreement and styled "Exhibit A") HOW,
THEREFORE, 'KNOW ALL MEN BY THESE PRESENTS:
That the City of Bryan, acting by and through its duly authorized Mayor,
Richard Smith, and the City of College Station, acting by and through its
duly a•,:thorized Mayor, Lorence Bravenec, do hereby covenant and agree as follows:
From and after the date of this agreement there shall exist a comaon
extraterritorial jurisdiction line between the two Cities. Such line shall
begin in the East side and be described as follows:
Beginning at a point at the intersection of•the existing city limits of
Collage Station and the north right-of-way of F.N. 60 (University Drive) down
the north side of F.M. 60 (University Drive) right-of-way to State Hwy. 158
and thence easterly on the west side of Hwy. 158/Hwy. 30 right-of-way to the
Navasota River.
Such line shall fall on the West side of the two cities as follows:
Beginning in the northeast line of the John H. Jones League Abstract
.to. 26 in Brazos County, Texas, at the most northerly corner of the Lynnwood
RESOLUTION NO.02-23-17-2h Page 11 of 15
•
Boyett 73.22 acre tract as described by deed recorded in Volume 134, Pane 229,
of the Deed Records of Brazos County, Texas.
;hence in a southeasterly direction along the northeast line of the said
eoyett tract to the north right-of-way line of Farm Road 2513;
Thence in a southerly direction along said right-of-way line to the
southwet line of the said Boyett tract which is also the northeast line of the
M. L. C.;::i,ion 100 acre tract described in Volume 202 in Page 556 of the Deed
Records or Brazos County, Texas;
ii:•_ncs continuing along said right-of-way line to the southeast line of the
said C eh ian tract;
:hence in a southwesterly direction along the southeast line of the said
Cashion tract, past the most southerly corner of the said Cashion tract, and
continuing across the H. E. Burgess tract described in Volume 123, Page 228 of
the Deed Records of Brazos County, Texas, and continuing across the W. T.
McDonald, Jr. 71.0664 acre tract described in Volume 309, Page 472 of the Deed
Records of Brazos County, Texas, to a point in the southwest line of the said
McDonald tract located 2450 feet from the northwest right-of-way line of farm
Road 60;
Thence southeast along the said McDonald southwest line 900 feet;
Thence southwest across the Gainer Jones 100.95 acre tract described in
Volume 208, Page 121 of the Deed Records of Brazos County, Texas, to the most
northerly corner of the Bill H. Carlt 43.42 acre tract described in Volume 332,
Page 323 of the Deed Records of Brazos County, Texas; •
Thence southwest along the northwest line of the said Sill Caril tract
and the northwest line of the John Behrns 15 acre tract described in Volume 193,
Paae 323 of the Deed Records of Brazos County, Texas, and the northwest line of
the Thomas Carli 35.9 acre tract described in Volume 332, Page 323 of the Oeed
Records of Brazos County, Texas, to the most westerly corner of the said Thomas
Caril tract in the northeast lire of Jones Road;
Thence northwesterly along the northeast line of Jones Road to the
southeast line of Block No. 1 of the Subdivision of the John H. Jones League
according to Plat of record in Volume 0, Page 20 of the Probate Records of
Brazos County, Texas;
Thence southwest along the southeast line of the said Block No. 1 to the-
Brazos River and the end of this line.
-2-
RESOLUTION NO.02-23-17-2h Page 12 of 15
•
It.
The City of Sryan does hereby apportion to, relinquish, cede and convey
:o the City of College Station all of its rights and powers under Article
•
97U(a), V.A.C.S. , and other applicable laws, Over and in those portions of
the area set aside to College Station as hereinbefore described.
III.
The City of College Station does hereby apportion to, relinquish, cede
and convey to the City of Bryan all of its rights and powers, under Article
970(a), V.A.C.S., and other applicable laws, over and in those portions of
the area set aside to Bryan as hereinbefore described.
IV.
If any section, paragraph, sentence, clause, phrase, or word of this
agreement shall , for any reason, be finally adjudged by any court to be
unconstitutional or invalid, such final judgment shall not affect, impair,
or invalidate the remainder thereof, but shall be confined in its operation
to the section, paragraph, sentence, clause, phrase, or word thereof so
found unconstitutional or invalid. •
•
V.
This agreement while limited to the amount of territory which may be
covered because of the existing statutory constraints is intended to-provide
a settlement for the future extensions of such line. This settlement contem-
plates the ETJ line in the East, as previously described, ultimately running
to the Navasota River and the ETJ line in the West, as previously described,
running to the Brazos River. It is the intent of the two Cities to confirm
the extensions of the ETJ line as provided herein by written addendum to
this agreement not less than once every two (2) years.
Vt.
This agreement shall not be implemented until such time as the Compromise
and Settlement Agreement between the City of Bryan and the City of College
Station relating to electrical certification (a copy of which is attached to
thi: agreement and styled "Exhibit B") has been properly executed and approved
by the Public Utility Commission.
-3-
RESOLUTION NO.02-23-17-2h Page 13 of 15
•
SUBSCRIBED, ATTESTED, APPROVED and EXECUTED in duplicate originals in
the State of Texas and completed on this 13th day of 'March ,
1980.
THE CITY OF BRYAN
By 4--G'=G:-cGfLsa,
Richard Smith, Mayor
ATTEST:
•
Joe E! Evans, City Secretary • \ , . .
APPROVED: .
By ia,/ -�,..L-'r. Q.t''"
Charles K. Bluntzer, city Attorney
•
THE CITY OF CO/L"L'lEEGE. STATION
By •..w� 7 nc....*C.-....c.
orence Bravenec, Mayor
ATTEST:
By >,-.,. .. --c
-t --G'f/
T '--
- enn Schroe er', City Secretary
APPROVED:
•
•
By. //..„":„. ;.,.... ..,.•
L
Neeley C: Lewis, City Attorney
-4-
RESOLUTION NO.02-23-17-2h Page 14 of 15
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RESOLUTION NO.02-23-17-2h Page 15 of 15
EXHIBIT A
A-2
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CERTIFICATE OF OFFICIAL WRITTEN INSTRUMENT
STATE OF TEXAS )(
COUNTY OF BRAZOS )(
I, Christina A. Cabrera, Assistant City Secretary of the City of Bryan, Texas, for
Mary Lynne Stratta, City Secretary, having legal custody of the written instrument(s) of
record referred to herein, which is available for inspection, do hereby certify that the copy of
such written instrument(s) of record attached to this Certificate is a true and correct copy of
the original as same appears in the records of this office. The written instrument(s) or
record(s) referred to herein and attached to this Certificate is described as follows:
Interlocal Agreement between the City of College Station and the City of Bryan
Apportioning Overlapping Area of Extraterritorial Jurisdiction
In testimony whereof, I subscribed my name hereto officially under the corporate seal
of the City of Bryan, Texas, on this the 4th day of December, 2018.
Christina A. Cabrera
(SEAL) Assistant City Secretary
CITY OF BRYAN, TEXAS
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF COLLEGE STATION AND THE CITY OF BRYAN,
APPORTIONING OVERLAPPING AREA OF EXTRATERRITORIAL JURISDICTION
This Interlocal Agreement is made and entered into by and between the City of College Station,
Texas, ("College Station") a chartered, Texas home-rule municipality and the City of Bryan, Texas,
("Bryan") a chartered, Texas home-rule municipality, individually or collectively sometimes called
"City"or"Cities"herein.
RECITALS
WHEREAS, College Station and Bryan are adjacent municipalities that currently share common
extraterritorial jurisdiction ("ETJ") boundaries; and
WHEREAS, both Cities have subdivision regulatory authority and other authority pursuant to
applicable law in their respective ETJs; and
WHEREAS, College Station has an ETJ which extends three and one-half(3-1/2) miles beyond
the corporate limits; and
WHEREAS, Bryan has an ETJ which extends three and one-half (3-1/2) miles beyond the
corporate limits; and
WHEREAS, the Cities seek to avoid certain conflicts and uncertainty relative to the extent and
location of their future corporate limits and ETJ and the potential for litigation involving the same; and
WHEREAS, the Cities have reviewed their respective corporate boundaries and ETJ based upon
their respective populations and Chapter 42 of the Texas Local Government Code; and
WHEREAS, the Cities have the ability to expand their respective ETJs through annexation and
number of inhabitants; and
WHEREAS, this Agreement is also being entered into pursuant to the Interlocal Cooperation Act
as set forth in Chapter 791 Texas Government Code, Chapter 42 Texas Local Government Code and other
applicable authority; and
WHEREAS, this Agreement is intended to replace that one certain entered into by the Cities on
or about March 13, 1980 regarding the same subject matter;
NOW THEREFORE, for and in consideration of the promises, covenants, and agreements
contained herein,the Cities agree as follows:
I. General
1.1 Recitals, The Cities agree with and incorporate the recitals above as part of this Agreement.
1.2 Effective Date. The Cities covenant and agree that from and after the approval by the
governing bodies by ordinance of this Agreement by both Cities, this Agreement shall go
into effect and the common ETJ boundary shall be as described below and as further
depicted on the maps attached hereto as Exhibit"A."
1.3 Consideration, The Cities agree and stipulate that the mutual covenants and agreements
contained herein, and the actions taken by each in fulfilling their respective agreements
hereunder are good and valuable consideration for this Agreement. The Cities further agree
that the boundary and ETJ adjustment made hereunder constitute additional good and valid
consideration and serve the valid government purpose of establishing and confirming
boundaries and ETJ.
YY. Common ETJ boundary Description
2.1 Existing Corporate and ETJ boundary avreed upon: The description of a portion of existing common
ETJ boundary is as set forth in Article I of the Agreement between the Cities of Bryan and College
Station, Texas Apportioning Overlapped Area of Extraterritorial Jurisdiction adopted on or about
March 13, 1980, so that the area north of said boundary being in the corporate or ETJ boundary area
of Bryan and the area south of said boundary being in the corporate or ETJ boundary area of College
Station. Said Article I is hereby incorporated as if recited in full herein and is as set forth in Exhibit
"A-1"attached hereto and made a part hereof.
2.2 Additional Agreed upon Corporate and ETJ boundary: The description of the remaining portion of
common ETJ boundary for the Cities shall be as follows:
East Side of Cities. The following description is the agreed upon corporate and ETJ boundary
line for the Cities beginning at a point certain on the eastern side with the area north of said
boundary being in the corporate or ETJ boundary area of Bryan and area south of said boundary
being in the corporate or ETJ boundary area of College Station:
Beginning at the point of intersection of the centerline of the Navasota River with
the southwest right-of-way line of State Highway no. 30, being the end of the current ETJ
agreement for the east side of the cities of Bryan and College Station, Texas, executed on
or about March 13, 1980.
Thence up the centerline of the Navasota River (main channel) to the common
west corner of the Madison County and Grimes County boundaries,
Thence eastward along the said common boundary line of the Madison County
and Grimes County to the north common corner of Grimes County and Walker County,
Texas, as set forth in Exhibit "A-2" attached hereto and made a part hereof or to another
point agreed to by the cities of Bryan and College Station, Texas.
West Side of Cities. The following description is the agreed upon corporate and ETJ boundary
line for the Cities beginning at a point certain on the western side with the area north of said
boundary being in the corporate or ETJ boundary area of Bryan and area south of said boundary
being in the corporate or ETJ boundary area of College Station:
Beginning at the point of intersection of the centerline of the Brazos River with
the extension of the southeast line of that called 1945 acre "Block no. 1" of the division
of the John H. Jones league according to plat recorded in volume D, page 20 of the
Probate Records of Brazos County, Texas, being the current ETJ agreement line for the
west side of the cities of Bryan and College Station, Texas, executed on or about March
12, 1980, and being approximately parallel and 4600 feet northwest of Farm Road no. 60
(F.M. 60). Currently, the land on the southeast side of this line, on the east bank of the
Brazos River, is described as 28.85 acres in the deed to Bona Fide Acquisitions, LLC
recorded in volume 13372, page 213 of the Official Public Records of Brazos County,
Texas, and the land on the northwest side of this line, on the east bank of the Brazos
River, is that called 44-1/2 acre tract now or formerly owned by Roseanne Foster
Albritton.
Thence down the centerline of the Brazos River, approximately 4750 feet to its
intersection with the northwest right-of-way line of said F.M. 60;
Thence southwest along the northwest right-of-way line of F.M. 60 to its
intersection with the northeast ETJ boundary of the town of Snook,Texas;
Thence around the southern portion of the said Snook ETJ boundary to its
intersection with the northwest right-of-way line of F.M. 60 on the west side of Snook;
Thence continuing along the northwest right-of-way line of F.M. 60 to its
intersection with the northeast right-of-way line of State Highway no. 36 in the
community of Lyons, Texas, as set forth in Exhibit"A-2" or to another point agreed to by
the cities of Bryan and College Station, Texas.
III. Annexation
3.1 Prior Annexations. The Cities agree and covenant that all prior annexations or actions by
the Cities in conflict with the boundaries reflected in this Agreement are hereby rescinded,
voided, and repealed to the extent of that conflict, and the Cities relinquish any conflicting
ETJ pursuant to Sections 42.022 and 42.023 Texas Local Government Code and other
applicable law. Each City fully waives and releases any and all claims of every conceivable
nature against each other City and their respective City Council members, officers,
employees and representatives regarding this Agreement, the ordinance adopting and
authorizing this Agreement, and any and all boundary, ETJ, and annexation issues or claims,
demands, controversies or causes of action, including under the Declaratory Judgment Act.
3.2 Annexation. The Cities covenant and agree that the Cities shall not annex property nor
expand ETJ into any area described below and depicted on Exhibit "A" as being within the
other City's corporate limits or ETJ boundary area without such City's written consent. A
City may expand its ETJ in accordance with state law, however, in no event may a City's
ETJ include an area described below and depicted on Exhibit "A" to be within the corporate
boundaries or ETJ boundary area of the other City, without such City's written consent.
IV. Liaisons and Notices
4.1 Unless written notification in the form and manner set forth below is given to the contrary, the
respective City's Director of Planning and Development Services shall be the designated
representative responsible for the administration of this Agreement.
4.2 For purposes of this Agreement, all official communications and notices between the parties shall be
deemed sufficient if in writing and hand delivered or mailed, registered or certified mail, postage
prepaid,to the addresses set for below:
City of College Station:
City of College Station
PO box 9960
College Station,TX 77842
Attn: City Manager
With a copy to: City Attorney
City of Bryan:
City of Bryan
300 S. Texas Ave.
Bryan,TX 77803
Attn: City Manager
With a copy to: City Attorney
V. Miscellaneous
5.1 This Agreement expresses the entire agreement between the parties hereto regarding the
subject matter contained herein and may not be modified or amended except by written
agreement duly approved by both parties.
5.2 This Agreement has been duly approved by each party's governing body and constitutes a
binding obligation of each party.
53 This Agreement shall be construed in accordance with the laws of the State of Texas and
venue for all purposes hereunder shall be in Brazos County, Texas.
5.4 If any provision hereof is determined by any court of competent jurisdiction to be invalid,
illegal or unenforceable, or to be invalid, illegal or unenforceable as applied to an area of
land, such invalidity, illegality or unenforceability shall be fully severable herefrom; and this
Agreement shall be construed and enforced as if such invalid, illegal or unenforceable
provision or invalid, illegal or unenforceable application to an area of land never comprised
a part hereof as of the date of such determination of invalidity, illegality or unenforceability;
and the remaining provisions and application to remaining areas of land shall continue in
full force and effect.
5.5 This Agreement is not intended to extend the liability of the parties beyond that provided by
law. Neither City waives any immunity or defense that would otherwise be available to it at
law or in equity to either of the Cities nor to create any legal rights or claims or waivers of
defense on behalf of any third party.
5.6 This Agreement is not intended to confer any rights on any third parties, and it shall not be
construed as conferring any rights on any third parties,
5.7 The waiver by either party of a breach of this Agreement shall not constitute a continuing
waiver of such breach or of a subsequent breach of the same or a different provision.
"SIGNATURE PAGES TO FOLLOW**
APPROVED by the City Council of the City of Bryan, Texas in its meeting held on February 14 7,
and executed by its authorized representative.
CITY OF BRY XAS
By.,X,
ndrew Nelson, Mayor
ATTEST:
116 Z 6
1�4ary Lynne Stratta, City Secretary
APPROVED AS TO FORM:
fla"n'is K. Hampton, City Attorney
RESOLUTION NO. Page 9 of 15
APPROVED by the City Council of the City of College Station, Texas, in its meeting held on February
23,2017, and executed by its authorized representative.
CITY OF COLLEGE STATION,TEXAS
By:
'Kl Mo , M yor
ATTEST:
%-L�
City Secretar
APPJ(Yrney
S T M:
City
EXHIBIT A
A-1
AGREEMENT BETWEEN THE CITIES OF BRYAN AND COLLEGE STATION, TEXAS
APPORIIONI14G OVERLAPVEU AREA OF LXTRAILRRIIORIAL JURISDICTION
STATE OF TEXAS
COUNTY OF BP.AZOS ¢
WHEREAS, the Cities of Bryan and College Station, Texas, are municipal
corporations, with an overlapping extraterritorial jurisdiction; and
WHEREAS, the City of Bryan has an extraterritorial jurisdiction which
extends for two (2) miles the corporate limits of such City; and
NAEREAS, the City of College Station has an extraterritorial Jurisdiction
which extends for two (2) miles the corporate Iimits of such City; and . ,
WHEREAS, the Cities are desirous of apportioning such area of bveriapping
extra w rritorial ,jurisdictions pursuant to the provisions of the Municipal
Anna;;tion Act, Article 970(a) of the Revised Civil Statutes of Texas; and
WHEREAS, the Cities have agreed to a line of demarcation to differentiate
those areas which shall be in the extraterritorial jurisdiction of the City of
Bryan, and those areas which shall be in the extraterritorial jurisdiction of
the City of College Station; (a map showing the line and the respective areas
of each City is attached to this agreement and styled "Exhibit A") HOW,
THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That the City of Bryan, acting by and through its duly authorized Mayor,
Richard Smith, and the City of College Station, acting by and through its
duly authorized t;ayor, Lorence Bravenec, do hereby covenant and agree as follows:
From and after the date of this agreement there shall exist a co=aon
extratarritoriai jurisdiction line between the two Cities. Such line shall
begin in the East side and be described as follows:
Beginning at a point at the intersection of•the existing city Iimits of
Cclla;e Station and the north right-of-way of F.M. 60 (University Drive) down
the north side of F.M. 60 (University Drive) right-of-way to State Hwy. 158
and thence easterly on the west side of Hwy. ISBIHwy. 30 right-of-way to the
Navasota River.
Such line shall fall on the West side of the two Cities as follows:
Beginning in the northeast line of the John H. Jones League Abstract
No. 26 in Brazos County, Texas, at the most northerly corner of the Lynnwood
aoyett 73.22 acre tract as described by deed recorded in Volume 134, Page 229,
of the 3ned Records of Brazos County, Texas.
Thence in a southeasterly direction along the northeast line of the said
LoYett tract to the north right-of-way line of Farm Road 2513;
Thence in a southerly direction along said right-of-way line to the
South:vr:5t line oe the said Soyett tract which is also the northeast line of the
M, L. C.:�hion IOD acre tract described in Volume 202 in Page $56 of the Deed
Pvcor•ds art Brazos County, Texas;
T;:ence continuing along said right-of-way line to the southeast line of the
laid Ci-O)ion tract;
Th,_nce in a southwesterly direction alone the southeast line of.the said
Cashion tract, past the most southerly corner of the said Cashion tract, and
rontinuink) across the H. E. Burgess tract described in Volume 123, Page 228 of
the Deed Records of Brazos County, Texas, and continuing across the W. T.
McDonald, Jr. 71.64 acre tract described in Volume 309, Page 472 of the Deed
Recoeds of Brazos County, Texas, to a point in the southwest line of the said
McDonald tract located 2450 feet from the northwest right-of-way line of Farm
Road eo;
Thence southeast along the said McDonald southwest line 900 feet;
Thence_ southwest across the Gainer Jones 100.55 acre tract described in
Volume 208, Page 121 of the Deed Records of Brazos County, Texas, to the most
northerly corner of the Bill H. Carll 43.42 acre tract described in Volume 332,
Page 323 of the Deed Records of Brazos County, Texas;
Thence southwest along the northwest line of the said Sill Carll tract
and the northwest line of the John Behrns 1S acre tract described in Volume 193,
Page 323 of the Deed Records of Brazos County, Texas, and the northwest line of
the Thomas Carll 35.9 acre tract described in Volume 332, Page 323 of the Deed
Records of Brazos County, Texas, to the most westerly corner of the said Thomas
Carll tract in the northeast line of Jones Road;
Thence northwesterly along the northeast line of Jones Road to the
southeast line of Block No. 1 of the Subdivision of the John H, Jones League
according to Plat of, record in Volume 0. Page 20 of the Probate Records of
Brazos County, Texas;
Thence southwest along the southeast line of the said Block No. 1 to the.
Erazos River and the end of this line.
-2-
tt.
The City of Bryan does hereby apportion to, relinquish, cede and convey
,u the City of College Station all of its rights and powers under Article
470(a), V.A•C.S. , and other applicable laws, over and in those portions of
the area set aside to College Station as hereinbefore described.
III.
The City of College Station does hereby apportion to, relinquish, cede
and convey to the City of Bryan all of its rights and powers, under Article
970(a), V.A.C.S. , and other applicable laws, over and in those portions of
the area set aside to Bryan as hereinbefore described.
IV.
If any section, paragraph, sentence, clause, phrase, or rrord of this
agreement shall, for any reason, be finally adjudged by any court to be
unconstitutional or invalid, such final judgment shall not affect, impair,
or invalidate the remainder thereof, but shall be confined in its operation
to the section, paragraph. sentence, clause, phrase, or word thereof so
found unconstitutional or invalid.
V
This agreement while limited to the amount of territory which may be
covered because of the existing statutory constraints is intended to provide
a settlement for the future extensions of such line. This settlement contem-
plates the ETJ line in the East, as previously described. ultimately running
to the Navasota River and the ETJ line in the West, as previously described,
running to the Brazos River. It is the intent of the two Cities to confirm
the extensions of the ETJ line as provided herein by written addendum to
this agreement not less than once every two (2) years.
VI. \
This agreement shall not be implemented until such time as the Compromise
and Settlement Agreement between the City of Bryan and the City of College
Station relating to electrical certification (a copy of which is attached to
this agreement and styled "Exhibit B") has been properly executed and approved
by the Public Utility Commission.
-3-
r f
SUBSCRIBED, ATTESTED, APPROVED and EXECUTED in duplicate originals in
the State of Texas and completed on this3I th day of 'March
1980.
THE CITY OF BRYAN
/
By .5,-6''!,e(
Richard Smith, Mayor
ATTEST:
By
Ti Evans, City Sac etaryr•
APPROVED:
Charles K. Bluntzer, laity Attorney
THE CITY OF COLLEGE STATION
By
karence Bravenec, Mayor
ATTEST:
BY
Gienn Sc roeder; City Secretary
APPROVED:
By /j .�_lam.-•,' -
Keeley C.+�Lewis. C1ty Attorney
-4-
IV
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( — Exhibit Map —
Bryan & College Station COUNTY
_ _ • prepared by Proposed ETJ Agreement
t�iE Joe Orr, Inc.
Aug. 2016 —
VRTEN r
0 1 2 3 4 8 mi. YFlXON f \ \
��� ®i� �� !1 ♦ ``/ �. DEWS
IOLACOUNTY
♦
` centerline of
! _I>\ N.-sot.River
current Bryan
{j �f 3.5 mile ETJ limits
1 � rn
BRYAN ♦• ��a��� D 2
/ ` \ COUP
/ i9eo ♦ N
( f.greement f \
!i( Une f
BIOS of R.C.W. D
\ of S.H.30
COUNTY
NE R.O.W. `
` of Jones Rd. \1
COLLEGE
STA170N s 3
centerline of y t 1
Brazos River `7980
COUNTY \f Line Agreement (f j
LiO /
NW R.O.W. I
of F.M. 60
\ current future 5 mile
/ `♦\ \ \' ~'_�"��\
College
a Sofn / ETfan�ile t ; \ / bd o current
tiCity Limits
lines
NW R.O.W. ANDERSON
of F.M. 60 51100V \ `— '
�� WASMA