HomeMy WebLinkAboutResolution 3622-06-2008RESOLUTION NO 3622-06-2008
CiT1r' SECF~EI'~RY
C4~T~ACT NO ~J
JOINT RESOLUTION AND AGREEMENT
NO R 1121-08
STATE OF TEXAS §
COUNTY OF TARRANT §
COUNTY OF JOHNSON §
KNOW ALL MEN BY THESE PRESENTS.
WHEREAS the City of Fort Worth ("Fort Worth') is a home rule city lying
and being situated within the Counties of Tarrant, Johnson Parker and Denton
State of Texas with a population of more than one hundred thousand (100 000)
and an extra territorial jurisdiction (ETJ) of five (5) miles and
WHEREAS the City of Burleson ("Burleson') is a home rule city lying and
being situated within the Counties of Johnson and Tarrant, State of Texas with a
population between twenty five thousand (25 000) and forty nine thousand
(49 000) inhabitants and an ETJ limit of two (2) miles and
WHEREAS Burleson and Fort Worth have areas within their exclusive ETJ
that they desire to apportion to promote orderly growth and development; and
WHEREAS Chapter 43 of the Local Government Code provides that cities
may apportion ETJ areas by written instrument; and
WHEREAS Burleson and Fort Worth find that apportionment of their
exclusive ETJ boundary lines will be to the benefit of the citizens of both cities
and their adjacent areas and will facilitate the elements of planning and services
which contribute to orderly growth and development of the regional areas and
WHEREAS Burleson and Fort Worth now desire to apportion their exclusive
ETJ boundary lines whereby Fort Worth will release from its exclusive ETJ certain
land to be relinquished to and become part of the ETJ of Burleson and Burleson
will relinquish to Fort Worth its exclusive ETJ rights as described herein to become
part of the ETJ of Fort Worth and
WHEREAS Fort Worth and Burleson have entered into good faith
negotiations for a larger scale adjustment to their respective ETJ and corporate
municipal boundaries and Burleson and Fort Worth agree to continue to work
towards a mutually agreeable boundary adjustment in the near future and
WHEREAS it is in the best interest of both Fort Worth and Burleson that
certain and exclusive unincorporated areas within the ETJ of
apportioned
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RESOLUTION NO 3622-06-2008
NOW, THEREFORE, BE IT RESOLVED AND MUTUALLY
AGREED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH AND THE
CITY COUNCIL OF THE CITY OF BURLESON THAT
SECTION 1
The following ETJ boundary realignment between Fort Worth and
Burleson as hereby described is in the best interests of the property owners and
inhabitants of both cities
SECTION 2
The common ETJ boundary line and apportionment of ETJ between Fort
Worth and Burleson is hereby determined fixed and ratified as follows with
Burleson relinquishing to Fort Worth all ETJ rights which Burleson currently has
outside the area shown by the line of ETJ demarcation on the map attached
hereto as Exhibits A-1 and A 2" and incorporated herein for all purposes (the
ETJ Line') and Fort Worth relinquishing to Burleson all ETJ rights which Fort
Worth currently has within the said ETJ Line
SECTION 3
Fort Worth does hereby relinquish and ratify the relinquishment to Burleson
all ETJ rights it currently has within the area encircled by the mutual common ETJ
Line and apportionment described on Exhibits A-1 and A-2"
SECTION 4.
Burleson does hereby relinquish and ratify the relinquishment to Fort Worth
all ETJ rights it currently has outside of the area encircled by the mutual common
ETJ Line and apportionment described on Exhibits A-1 and A-2"
SECTION 5
.Fort Worth agrees not to extend its ETJ into the area designated Fort
Worth Non Encroachment Area on Exhibit A 1 But for the Fort Worth Non
Encroachment Area this Joint Resolution and Agreement does not preclude or
prohibit future ETJ expansion by either city
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RESOLUTION NO 3622-06-2008
SECTION 6
Burleson agrees to disannex the area on Exhibit A-2" designated as
`Burleson City to Fort Worth ETJ" by December 31 2008 at which time it will
become Fort Worth ETJ
SECTION 7
Fort Worth and Burleson do hereby covenant and agree to protect,
preserve and defend the hereinabove described boundary realignment and
apportionment of ETJ
SECTION 8
Fort Worth and Burleson agree and resolve that the adoption of both
cities of this Joint Resolution and Agreement, and the relinquishment of the
above described territory by each party does not mitigate diminish or lessen in
any way the rights that either party may have at law or in equity to challenge or
contest any other annexations or attempted annexations made by the other
party
SECTION 9
This Joint Resolution and Agreement shall become effective and shall
become a binding agreement upon Fort Worth and Burleson by the adoption of
same in regular open city council meetings of Fort Worth and Burleson and
upon execution thereof as prescribed in Section 10 hereof
SECTION 10
Burleson shall file a copy of this Joint Resolution and Agreement in the
Deed Records of Johnson County
SECTION 11
Fort Worth shall file a copy of this Joint Resolution and Agreement in the
Deed Records of Tarrant County
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RESOLUTION NO 3622-06-2008
PASSED AND APPROVED by the City Council of the City of Burleson on
this `~ ~~' day of 1'yl ~ 2008
MAYOR, CITY OF BURLESON
A'
CITY~ECRETAf~Y, CITY OF~~URLESON
APPROVED AS TO FORM AND LEGALITY
CITY ATTORNEY
PASS . ~ND APPROVED by t City Council of the City of Fort Worth on
this ,~Sr~ day of U~g,~ 2008
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APPROVED AS TO FORM AND LEGALITY
~~ sf CITY ATT NEY
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RESOLUTION NO 3622-06-2008
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RESOLUTION NO 3622-06-2008
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 6/3/2008 Res No 3622-06-2008
DATE Tuesday June 03 2008
LOG NAME 06BURLETJ REFERENCE NO PZ 2783
SUBJECT
Adoption of Joint Resolution and Agreement with the City of Burleson to Apportion Extraterritorial
Jurisdiction to Release Land Located in the Extraterritorial Jurisdiction of Fort Worth to the City of
Burleson and to Accept Land Released from the Extraterritorial Jurisdiction of Burleson to the City of
Fort Worth
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached Joint Resolution and Agreement with the City of Burleson whereby the cities of Fort
Worth and Burleson mutually agree on a common boundary for the extraterritorial jurisdiction promoting
orderly growth and development; and
2. Authorize the Mayor to execute the attached Joint Resolution and Agreement.
DISCUSSION
The Texas Local Government Code, Section 42.021 establishes the area for a municipality's extraterritorial
jurisdiction (ETJ) The City of Fort Worth with a population exceeding 100 000 inhabitants, has an ETJ of
five miles The City of Burleson with a population between twenty five thousand (25 000) and forty nine
thousand (49 000) residents has an ETJ of two miles The Local Government Code makes provisions for
municipalities to make mutually beneficial agreements to adjust their ETJ boundaries
In order to promote orderly growth and development, the City of Fort Worth and the City of Burleson wish to
define the boundaries of their respective ETJ s along survey and property lines. Under the proposed
agreement, Fort Worth would relinquish approximately 1 120 acres of Fort Worths ETJ to Burleson In
return Burleson would relinquish approximately 670 acres of their existing ETJ to Fort Worth In
addition Burleson would agree to de-annex approximately 75 acres from their city limits before December
2008 that would become a part of the Fort Worth ETJ The proposed agreement also includes a 675 acre
non-encroachment area adjacent to the Burleson ETJ Fort Worth would agree not to claim this area as
Fort Worth ETJ in the future The agreement will benefit citizens of both cities and will facilitate elements of
planning and the provision of services
The City of Burleson acted on the Joint Resolution at their regularly scheduled May 8 2008 City Council
meeting Adoption of the Joint Resolution and Agreement by the City of Fort Worth will establish new ETJ
boundaries between Burleson and Fort Worth The proposed new ETJ boundaries are shown on the
attached Exhibits A 1 and A 2.
FISCAL INFORMATION/CERTIFICATION
Logname: 06BURLET3 Page 1 of 2
The Finance Director certifies that this action will have no material effect on City funds
TO Fund/AccountlCenters
FROM FundlAccountlCenters
Submitted for City Manager's Office b~ Fernando Costa (6140)
Originating Department Head. Susan Alanis (8042)
Additional Information Contact: Allison Gray (8030)
Logname 06BURLETJ Page 2 of 2