RE 08-18-87.1 RESOLUTION OF THE CITY COUNCIL OF T"E CI?¥ OF COPPELL, TEXAS
RESOLUTION NO. 081887.1
WHEREAS, the City of Lewisville, Texas, and the City of Coppell, Texas, entered
into an agreement dated December 18, 1985, for the purpose of adjusting certain boundary
areas between the two cities and adjusting extraterritorial jurisdiction within such areas;
and
WHEREAS, said agreement was conditioned upon the City of Lewisville taking
certain affirmative action; and
WHEREAS, said affirmative action was the basis of the consideration on the part
of the City of Coppe]l to enter into such agreement; and
WHEREAS, the City of Lewisville did not take such affirmative action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That for failure of consideration as above mentioned, the City
Council of the City of Coppel], Texas, finds and ho]ds that the above mentioned
agreement signed December 18, 1985, between the City of Lewisville, Texas, and the
City of CoppeR, Texas, adjusting boundaries and extraterritorial jurisdiction between
the cities, is void and of no further force and effect for failure of such consideration
in that the City of Lewisvi]le never performed the conditions and covenants of said
agreement which constituted the consideration to have been received by the City of
Coppe]l.
SECTION 2. That as a result of an administrative direction, the City Attorney
of the City of CoppeH, Texas, did on August 3, 1987, direct a letter to the City
Manager of the City of Lewisvi]le for the purpose of advising the City of Lewisvil]e
that the City of Coppell holds the agreement of December 18, 1985, dealing with the
extraterritoria! jurisdiction rights between the cities as void and of no further force
and effect for failure of consideration in that the City of Lewisville never performed
the conditions and covenants of said agreement which constituted the consideration to
have been received by the City of Coppe]]. The City Council of the City of Coppe]l
hereby confirms and ratifies by this resolution the administrative direction given to the
City Attorney which resulted in said letter, a copy of which is attached hereto as
Exhibit "A" and made a part hereof for all purposes.
SECTION 3. This resolution shall take effect immediately from and after its
passage.
DULY PASSED by the City Council of the City of Coppell, Texas, on this the
18th day of August, 1987.
APPROVED:
MAYOR
ATTEST:
APPROVED AT TO FORM:
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD
(Formerly Saner, Jack, Sallinger & Nichols)
............. August 3, 1987 .........
HAND DELIVERED
Mr. Charles Owens
City Manager
LewisvilIe City Hall
Lewisville, Texas
Dear Mr. Owens:
The City of Coppell is in the process of preparing a new city map which will
correctly show its present corporate boundaries and its extraterritorial jurisdiction. In
order to do this, we are requesting that our neighboring cities, Grapevine, Flower
Mound, LewisviIle, Irving, and Dallas, provide us with information concerning their
annexations to assist us in this project.
Therefore, please consider this an official request from the City of Coppell,
pursuant to the Open Records Act, Article 6252-17a, Vernon's Annotated Civil Statutes,
that the City of Lewisville provide the City of Coppell with the following information
and/or documents:
1. You have recently supplied the City Manager of the City of Coppell with
a two-page map styled "Official Zoning, Lewisville Comprehensive Plan, sheets 9 and
10." This map shows boundary lines identified by dates which we have been advised
are dates of LewisvilIe annexation ordinances. These dates a[~pear to cover property
annexed by ordinances dated December 16, 1968, December 28, 1972, February 5, 1973,
November 19, 1984, September 9, 1985, April 21, 1986, and May 4, 1987. In regard to
these ordinances, please furnish the city with the following:
a. A copy of each ordinance.
b. Any plat which indicates the boundary lines of the particular ordinance°
c. A copy of any petition, letter, or other eorresponde.~.~e between the city
and owners or residents of the area annexed, requesting annexation of the
property or otherwise concerning annexation of the property.
d. Copies of notices of public hearings and affidavits of publishers concerning
publication of notices.
e. A copy of the minutes of each council meeting wherein a public hearing
was held or ordinance adopted in connection with each of the above
ordinances.
f. A copy of any other letter, correspondence, or memorandum in the city's
annexation file or files related to each such annexation ordinance.
EXHIBIT A
Mr. Charles Owens
Page 2
-Nugust 3, 1987
2. Please provide the City with the above information for any other City of
Lewisville annexation ordinance which would have approached or entered into the
extrateritorial jurisdiction of the City of Coppell. This should include any ordinance
lying south of the ordinance referred to above as adopted on December 16, 1968. It is
also noted that you may have adopted two ordinances on any one of the above mentioned
dates, and if so, such ordinances should be treated separately; specifically, we refer to
an indication of two ordinances being adopted on April 21, 1986.
3. Please provide the City of Coppell with a copy of any agreement between
the City of Lewisville and the City of Coppell or between the City of Lewisvi]Ie and
any other city involving a release or exchange of extraterritorial jurisdictional rights.
Concerning this request, we would be interested only in those agreements which would
concern areas that wguld be close enough to the corporate limits of the City of Coppell
so as to .possibly involve the extraterritorial jurisdictional rights of the City of CoppelL
In connection with these agreements, please also provide the City of Coppell with copies
of minutes of the City Council meetings at which such agreements were approved and
authorized to be executed on behalf of the City of Lewisville and any resolutions or
ordinances involved.
4. Please~provide the City of Coppell with the same information concerning
any disannexation ordinance as was above requested in regard to annexation ordinances.
That is any disannexation ordinance occurring south of the annexation ordinance described
as the December 16, 1968, ordinance.
The City of Co~pell wiI1 be responsible for the cost incurred in copying these
items. If this request is not clearly stated, please do not hesitate to contact me so
that we may discuss the matter. Also, where our request might seem excessively broad,
we would be pleased, in lieu of copying entire flies, for you to set up a time when
such files couid be made available to us for inspection, so that we could ~eview the
files and mark only those i~ems we would like to have copied.
We have also been directed ~o advise you that the City of Coppell holds the
agreement of December 18, 1985, dealing w~th extraterritorial jurisdiction rights between
Cop~ell and Lewisville, as void and of no further force and effect for failure of
consideration in tha~ the City of LewisvHle never performed the conditions and covenants
of said agreement which constituted the consideration to have been received by the
City of Co~pell.
We thank you for your assistance in this matter.
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK & DILLARD ..~
} Lawrene( W. JAckson /
City Attorneys for Cit~of Coppell, Texas
\Ir. Charles Owens
Page 3
&ugust 3, 1987
L~,¥ J/sb
cc: Mr. Alan D. Rat[ifF
Coppell City Manager
CL87-0804