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Home My WebLink AboutContract 53967-A1f / �� ` UNCE��Ea 16 2021 cirYv��v�r c�r�s�cA� °y�Th �IiY SECRETA(�Y � ��`r�acTro�. � �q� �1 - l� 1 FIRST AMENDMENT TO INTERLOCAL AGREEMENT ALLOCATING EXTRATERRITORIAL JURISDICTION BETWEEN THE CITY OF FORT WORTH, TEXAS AND THE CITY OF NORTHLAKE, TEXAS This First Amendment to that certain Interlocal Agreement executed by the Parties hereto and effective on May 11, 2021 ("the 2020 ETJ Agreement"), is by and between the City of Fort Worth, Texas ("Fort Worth"), a home rule municipality, and the Town of Northlake, Texas ("Northlake"), a home rule municipality, collectively "the Parties," for the release, acceptance and allocation of extraterritorial jurisdiction (`BTJ") between Fort Worth and Northlake. RECITALS The following recitals are deemed by the Parties as true and correct in all material respects: 1. On April 3, 2020, the Texas Supreme Court denied Northlake's motion for rehearing in City of Justin v. Town of NoNthlake, 06-17-00054-CV, 2018 WL 4259853 (Tex. App.--Texarkana June 15, 2018, pet. Filed. 2. On April 6, 2020, Town of Northlake v. City of Justin ("the Case"), Cause No.: 15- 08170-367, was remanded to the District Court of Denton County, Texas, for further proceedings in conformity with the opinion of the Sixth Circuit Court of Appeals. 3. The City of Justin ("Justin") and Northlake each �led amended pleadings in the Case, expanding its scope to include disputes over the ETJ status of parcels 3A, 7 and 10 of the 2020 ETJ Agreernent, as depicted on E�ibit 15 thereof (the "Disputed Territory"). � � On November 18, 2020, the City of Fort Worth filed its Plea in Intervention in support of Northlake's claims and against Justin. Thereafter, Northlake and Fort Worth entered into settlement negotiations with Justin, resulting in a Memorandum of Understanding ("MOU") reallocating ETJ among the Parties. The MOU anticipates amendment of the 2020 ETJ Agreement by Northlake and Fort Worth to conform to the reallocation of ETJ among the Parties therein described. 7. Narthlake, Fort Worth and Justin have entered inta a Settlement Agreement resulting in an Agreed Judgment among the Parties to the Ca�; �d: ��eet� , 1 � .' ,. - _ ': I �.�� ,��P � ._�a,.��.� _ _ _ � . �� i�t = ; � into an interlocal agreement and adopted a joint resolution arnong the Parties thereto as are necessary to establish ETJ and corporate boundaries between and among them. Exhibit 1 depicts the ETJ tracts (E through I) disputed by the Parties in the Case. Tract I thereof is coterminous with Parcel7 of the 2020 ETJ Agreement. Tracts E, F and G depicted on Exhibit 1 of the MOU collectively are coterminous with Parcels 10 and 3A of the 2020 ETJ Agreement. 9. The interlocal agreement executed by the Parties to the settlement allocates all of Parcel7 and a portion of Parcel3A to Northlake, and all of Parcel 10 and a portion of Parcel 3A to Justin. The joint resolution transfers such parcels to the agreed upon ETJ boundaries of the Parties. 10. That part of Parcel 3A that is allocated to Northlake under the Settlement Agreement is depicted and legally described as Parcel3B of this First Amendment and appears as Exhibit 2 hereof and Exhibit 19 to the 2020 ETJ Agreement. 11. The ETJ areas to be allocated and transferred to one another by the Parties under this First Amendment are depicted in Exhibit 3, which replaces Exhibit 15 of the original Agreement. AGREEMENT Now therefore the Parties, for good and sufficient consideration, which expressly includes the settlement of the Case and all additional agreements between or among the Parties to the Case in support of settlement, and which is hereby acknowledged, do hereby agree as follows: ARTICLE I. FIRST AMENDMENT OF 2020 ETJ AGREEMENT. A. Purpose and Intent. The purpose of this amendatory agreernent is to confoxm the terms of the 2020 ETJ Agreement to the ETJ allocation incorporated in the Settlernent Agreement executed between Northlake and Fort Worth, on the one hand, and Justin on the other. It is the intent of the Parties to this First Amendment that the 2020 ETJ Agreement remain in full force and effect for its full term, except as expressly modified by this agreement. B. Substitution of E�ibits. E�ibit 15, ETJ Transfer Areas, of the 2020 ETJ Agreement is amended by substituting Exhibit 3 of this First Amendment therefor. C. Amendments to Article I.C. Article I, Section C.1(1), ofthe 2020 ETJ Agreeinent is amended to exclude those portions of parcel 3A which are allocated to Justin's ETJ under the Settlement Agreement and to include only parcel 3B, as depicted and described in Exhibit 2 of this First Amendment and which is to be incorporated into the Agreement as E�ibit 19, to read as follows: �� C.1(1) That portion ofparcel 1 which was not annexed by Northlake (parcel lA), which is described and depicted in E�ibit 16; all of parcel2, which is described and depicted in E�ibit 2; and parcel 3B, as depicted and described in Exhibit_19 of this Agreeinent, which is attached hereto and incorporated by reference as if fully set forth; 2. Article I, Section C.1(2), of the 2020 ETJ Agreement is amended to exclude all ofparcel 10, to read as follows: C.1(2) All of parcel 7, as more particularly described in Exhibit 10; and D. Annendments to Article I, section E. Article I, section E.1, of the 2020 ETJ Agreement is amended to read as follows: E.l Nothing in this agreement is intended to prevent the parties from exchanging territory or adjusting territorial boundaries with one another, including all areas allocated under this agreement, by lawful means other than pursuant to Tex. Loc. Gov't Code section 42.022(d), as may now or in the future exist, including but not limited to Tex. Loc. Gov't Code sections, 42.022(b), 43.003(3) or 43.015. 2. Article I, section E, of the 2020 ETJ Agreement is ainended by adding subsection 3, to read as follows: E.3 Upon notification by Northlake that it has received a request by the owner(s) of any areas allocated to Northlake's ETJ, as described in section C.1, as amended, to expand Northlake's ETJ to include such land, Fort Worth shall release such territory exclusively to Northlake, effective upon Northlake's adoption of a resolution or ordinance including the property within its ETJ. ARTICLE II. GENERAL PROVISIONS A. Incorporation of Recitals and E�ibits. The Recitals to this First Amendment, together with E�ibits 1, 2 and 3, as herein referenced, are incorporated into this First Amendment and made a part hereof as if fully set forth. B. Term and Effective Date. The term ofthis First Amendment shall be 25 years from its effective date, which shall be the effective date of the Settlement Agreement between Northlake and Fort Worth, on the one hand, and Justin on the other. The term may be extended by the nnutual written agreement of the Parties. 3 C. No Third-Partv Bene�ciaries. The benefits and burdens of this First Amendment are exclusive to the Parties. None of the covenants herein contained shall be construed to create any third-party beneficiary or create any claim for relief in a third party. D. Sovereign ImmunitX. By entering into and executing this First Amendment, the Parties do not waive, liinit or surrender their respective sovereign immunity, except as specifically provided for herein. E. Amendment. This First Amendment may be amended only in a written agreement executed by the Parties hereto. F. Savin�s and SeverabilitX. In the event that any one or inore of the sections, subsections, provisions, clauses or words of this First Amendment or the application of such sections, subsections, provisions, clauses or words to any situation. or circumstance shall be, or should be held to be, for any reason, invalid or unconstitutional, under the laws oc constitutions of the State of Texas or the United States of America, or in contravention of any such laws or constitutions, such invalidity, unconstitutionality or contravention shall not affect any other sections, subsections, provisions, clauses or words of this First Amendment or the application of such sections, subsections, provisions, clauses or words to any other situation or cu•cumstances, and it is intended that this First Amendment shall be severable and shall be construed and applied as if any such invalid or unconstitutional section, subsection, provision, clause or word had not been included herein, and the rights and obligations of the Parties hereto shall be construed and remain in force accordingly. Should any portion of the area allocated to Northlake's ETJ by this First Amendment be already lawfully within Northlake's ETJ, the transfer of ETJ from Fort Worth to Northlalce pursuant to this First Ainendment shall be deemed to exclude such area and to apply solely to the remaining area so transferred. G. Joint Draftin�. This First Amendment shall be deemed drafted equally by the parties hereto. The language of all parts of this First Amendment shall be construed as a whole according to its fair meaning, and the presumption or principle that the language herein is to be construed against either party shall not apply. H. Recordation. This First Amendment, all amendments and joinders thereto, and assignments thereof, shall be recorded in the property records of Denton County and Tarrant County, Texas. L Authorization. Each Party represents to the other that it is fully authorized to enter into this First Amendment and to perform its obligations hereunder and that no waiver, consent, approval, or authorization from any third party is required to be obtained or tnade in connection with the execution, delivery, or performance of this First Amendment in accordance with its terms. J. Relationship of the Parties. Nothing in this First Amendment shall be deemed or construed by the Parties, or by any third party, as creating the relationship of principal and agent or of a partnership or joint venture between any of the Parties, nor any joint enterprise. L� K. Successors and Assi�ns. This First Amendment shall bind and shall be for the sole and exclusive benefit of, the Parties and their legal successors, and create no rights in other parties, including the public at large. No Party shall assign its interest in this First Amendment without the prior written consent of the other Party, unless otherwise provided by law. 5 IN WITNESS WHEREOF, FORT WORTH AND NORTHLAKE, have executed counterparts to effectuate this Agreement, which will become effective on the date that the last party executes the Settlement Agreement. ATTEST: �,iry �ecreiary CITY OF FORT WORTH , ^ � �i !.� lI� � DANA I�URGHI�Cy�'F, Assistant City Manager M&C �� " L'��a Date: ��, 2021 Ap�roved As ToF.erm Arrc�,Le�alitv: � � -- �L'�� .� �� ,.-.r - � , � _ �ii Assistan�y Attorney � .� � Date: ��, 2021 �"" � � *�i� : ~ + ,�! �i �_ . ��' �� ` � r �ll��,��_ � , _...^"� 1�F0Cf�►L �E��RD �. :IiY S�CRE°�AR�f � .�_% W�R�� `�� I � -- Y '� � �� ►��,� �� Approved As To Form And Le�alitv: � ,; �-��/1'� � G% ' � 1�'P Messer Fort MacD n ld Attorneys for Nort iake TOWN OF NORTHLAKE �- - , .� By: � r% �-��-- David Rettig, Mayor Date:� `- '�, 2021 � PIRST AMENDMENT TO ETJ ALLOCATION AGREEMENT BETWEEN THE CITY OF FORT WOI�TH, TOWNOFNORTHLAKE-PAGE 7 � ; q�I�j�, ��- � �,I�Y SE�� ' ��>.' ..� FT 1�l _ _. _� .. � m m o � � �. � 0 0 � � z Q O �. � D �' �" m N � � (D m L X � � O � � � O � --t, � o �. � D Z � o � � � v � rn rn S�% r�—+- � � � N fn N � �, , � rfl __ ' L! � - � Q � � o o �- D �� u� � � � � � rn � o o �� z z � � o 0 � � � � (D w sv (D � � � � � m m � m � �� o a o '1l "Tl � O O � � � �- �� -� � rn � N L O N r 1 � �" �; n � �� p '`-' Q � 7 0 0 U � . . � p Crj �' T o � o m ` � � n rt R1 �'i o n � � _. �� o rt 3 , � �,. � Fn� ;��` � ' � .. �ss $ r�� . T: - �_ .. � � i ��: � r, ;; : � �. � Z O ... � � � r � � ro J m --� � � �� L � i f' -__ _ J _` [ '�.. � Z� � 0 0 � � -- - �� [L1 , — - _. _..� : �- i � � � rt � �, - _•� . ,__ _� f �_ ��. . � � !. ..� � ' �" � � � A � -� -� � � � : ;� r� { i Ij' � � .�:,•'�� 4' 1 i ! � f , ti i i •� I � � ' •�,_ i '� ys� � i� �'��. ` �,�: �� ~� �_ _Fn�_� �� 5_ z�-- �____--- s� p � � �i � �f � �u x � � �� .�., m � -. �� m 1 � � . �— ` a � ' �- �° - �� a �—�.. � � ; , � , m ' � I �� TRACT 3B Being a part of the M. Polk Survey, Abstract No. 993, Denton County, Texas, being a part of the William Gaffield Survey, Abstract No. 448, Denton County, Texas, being a part of the Guadalupe Cardinas Survey, Abstract No. 215, Denton County, Texas, being a part of that called 2049 acre tract of land described as Parcel 3 released to Northlake in Joint Resolution and Agreement, Fort Worth Adopted Resolution No. 2341, and being more particularly described as follows: BEGINNING at the northeast corner of said Fort Worth Adopted Resolution No. 2341 and being on the west line of City of Northlake Ordinance No. 46; THENCE South 01 degree 00 minutes 00 seconds East, a distance of 814.75 feet, along the easterly line of said Fort Worth Adopted Resolution No. 2341, more or less to the paint af curvature af a circular curve to the left, having a radius of 2,640.00 feet, whase chord bears South 26 degrees 50 minutes 12 seconds East, a distance of 2,301.06 feet, more or less; THENCE Southeasterly, continuing along said easterly line and along said circular curve to the left, through a central angle of 51 degrees 40 minutes 24 seconds, an arc length of 2,380.93 feet, more or less, to the point of curvature of a circular curve to the left, not being compound to the preceding course, having a radius of 2,640.00 feet, whose chord bears South 11 degrees 09 minutes 21 seconds West, a distance of 4,238.48 feet more or less; THENCE Southeasterly, continuing along said easterly line and along said circular curve to the left, through a central angle of 106 degrees 47 minutes 08 seconds, an arc length of 4,920.33 feet, more or less to a point for the intersection of said called 2049 acre tract of land and the west corner of that called 2.85 acre tract of land described as Parcel 4 in said Jaint Resalution and Agreement, Fort Worth Adopfied Resalution Na. 2341; THENCE South 62 degrees 20 minutes 22 seconds West, departing said easterly line and along the southerly line of said called 2049 acre tract of land, a distance of 2,748.31 feet, more or less to a point for corner; THENCE South 89 degrees 17 minutes 45 seconds West, continuing along said southerly line, a distance of 3,804.00 feet, more or less to the most southerly southwest corner of said called 2049 acre tract of land; THENCE North 17 degrees 25 minutes 45 seconds East, departing said southerly line and along the westerly line of said called 2049 acre tract of land, a distance of 4,052.00 feet, more or less to an ell corner of said called 2049 acre tract of land and being on a southerly line of said called 2049 acre tract of land; THENCE South 89 degrees 37 minutes 30 seconds West, along said southerly line, a distance of 4,365.45 feet, more or less to a point for corner; THENCE North 00 degrees 24 minutes 00 seconds West, departing said southerly line, a distance of 2,995.76 feet to an ell corner on the northerly line of said called 2049 acre tract of land; THENCE North 90 degrees 00 minutes 00 seconds East, along said northerly line, a distance of 2,000.00 feet, more or less to a point for corner; THENCE South 01 degree 33 minutes 29 seconds East, departing said northerly lie, over and across said called 2049 acre tract of land, a distance of 1,337.28 feet, more or less to a point for corner; THENCE South 89 degrees 23 minutes 44 seconds East, a distance of 1,470.44 feet, more or less to a point for corner; THENCE North 01 degree 35 minutes 41 seconds West, a distance of 1,829.16 feet, more or less to an ell corner on said northerly line; THENCE North 89 degrees 27 minutes 41 seconds East, along said northerly line, a distance of 2,052.65 feet to the POINT OF BEGINNING AND CONTAINING 30,791,844 square feet or 706.88 acres of land, more or less. "This document was prepared under 22 TAC 663.2� , does not reflect the results of an on the ground survey and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." d � _ � � _'—_- _. � U � � � — —� _ �i _ i — . � � - _ , : � :{;=#�� .� - rr . � �,.�_ , � � j� �� ,: � - - --- a ,�i�a ,�,�� ' na seai� ar�d��n�� ;�-.�� , f , � `" a I �;�� r. '��.^'�'� �.� N �G Y �-�� ,� � _ � -- - �= _ -� � �� ---,� �---, �. ; I -� �� ._� - � __ - - � � � _ -� f '. � � �� F%-. _"-- • Q � G� f� I o _� �'r � - � � ' Na I � �_ ' .� .:., � ;� : `�� f i = {,�;'' � 1 r • s � . . � � + �: I l 4�� . --� �� I I ��"'�y�� — I fN " -- ' ��;,� I ' , ?� �, u Y — __. _ —_ —. 1 �. . � � ' �yl P� __ 1 �_. � Y �� aAfd�JC]lJ ��, , i �._f I _I I I � � � �� --�- -� � ' ' ��ry5r� :_ .�._ �L_ . --- ❑ i '_�"-' __ "� � r j � � a� ��o, � � �-.' � ! � rn , _ _ r � ' � - . � - � � i � � -- I � — 2 L1S �i] �� — i] '� � j--- � l -"= f f �� l S 95l lN� , -- - — � �z +� -� �im�- S:.#�a��sF�:-. �� ; � � ! J L�L � � ! �S"d � � Q CI] �' - - - ��, � 1� + --- - � --' �! S ��J � s '�E' � .. � W . � � � �� L � � � `i-� �..� � n � � _ 'Y � "'�- Q� � � � Ci] � � � d 0 � � � o �* � II . � �y .� � c� r n � � Y � (6 � � � � � Z� 0o W �� U U � � 0 0 � � � � �° �° � � � � o 0 SU.� L � � � a a�. U U �� d.% � � �^, � W�I � i�l W � � �--� � , � �--� � w � N O N M � �--' �' � O � � W c0 � Q � � (0 L � Q 0 '� � � W Y Y N N ..0 L 'C 'C O O Z Z w- `+-- o O c c � � �— � il N N �r � � 0 � r M �.- � ; ;� � ::�; �.�� C T � 0 � �-+ � � � � � � , � a �--� V i k-''I`� � �--�., �a� . .'�'�: �� - .-�.. ,�� t ��. . �'�� ` .��'o' _.l_ .;� '� � '�� „� � � I City of Fort Worth, Mayor and DATE: 05/11 /21 Texas Council Cor�nmunication M&C FILE NUMBER: M&C 21-0322 LOG NAME: 12NORTHLAKE ETJ SUBJECT (ETJ Adjacent to CD 7) Authorize an Interlocal Agreement Allocating Extraterritorial Jurisdiction and Retail Water and Sewer Service Areas Between the Town of Northlake, Texas, the City of Justin, Texas and The City of Fort Worth, Texas, and the First Amendment to Interlocal Agreement Allocating Extraterritorial Jurisdiction between the City of Fort Worth, Texas and the City of Northlake, Texas and Adopt the Attached Joint Resolution Transferring Certain Extraterritorial Jurisdiction (ETJ) Between the Cities of Fort Worth and Justin; Releasing ETJ by the City of Northlake; Providing for Severability; Providing for Recordation; and Providing an Effective Date RECOMMENDATION: It is recommended that the City Manager be authorized to enter into an Interlocal Agreement Allocating Extraterritorial Jurisdiction and Retail Water and Sewer Service Areas Between the Town of Northlake, Texas, the City of Justin, Texas and the City of Fort Worth, Texas, and the First Amendment to Interlocal Agreement Allocating Extraterritorial Jurisdiction between the City of Fort Worth, Texas and the City of Northlake, Texas. It is also recommended that the Council adopt the Joint Resolution Transferring Certain Extraterritorial Jurisdiction (ETJ) Between the Cities of Fort Worth and Justin; Releasing ETJ by the City of Northlake; Providing for Severability; Providing for Recordation; and Providing an Effective Date. DISCUSSION: On October 20, 2020 (M&C 20-0740), Council authorized the City Attorney to intervene in the Northlake-Justin litigation and on November 19, 2020 Fort Worth filed its petition of intervention. The 1997 and 2020 Fort Worth-Northlake agreements are the subject of litigation between Northlake and Justin. On March 9, 2021, Council approved M&C 21-0172 that authorizes a settlement agreement between Fort Worth, Justin, and Northlake. Pursuant to settlement agreement, property that was allocated to Northlake in the 1997 and 2020 agreements will be reallocated to Northlake or Justin as depicted on the attached map. The areas on the map shown as E, G, and H shall be allocated to Justin and the areas shown as A, B, C, D, F and I shall be allocated to Northlake. The Interlocal Agreement (ILA) and the Joint Resolution between the parties describes the relevant tracts and sets forth a sequence of events to effectuate the settlement agreement. The ILA also describes water and sewer service, but this section only affects Justin and Northlake. The 2020 Fort Worth-Northlake agreement, approved by Council on April 7, 2020, was intended to reaffirm the cities' 1997 land-swap deal to facilitate the Texas Motor Speedway and to terminate a revenue-sharing provision of that agreement. This agreement must now be amended to conform to the settlement agreement as depicted by the attached map. A Form 1295 is not required because: This con#ract will be with a governmental entity, state agency or public institution of higher education: Town of Northlake FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that approval of this recommendation will have no material effect on City funds. Submitted for City Manager's Office by� ALL ACMs 6222 Originating Business Unit Head: Additional Information Contact: Sarah Fullenwider 7623 Laetitia Coleman Brown 6639 Chris Mosley 7603 Melinda Ramos 7631 Expedited