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HomeMy WebLinkAboutResolution 3312-02-2006JOINT RESOLUTION AND AGREEMENT NO 3312-02-2006 STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS. COUNTY OF WISE 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 ~unsdiction (ETJ) of five (5) miles, and WHEREAS, the City of Rhome ("Rhome') is a general law city lying and being situated within the confines of the County of Wise, State of Texas, with a population of less than five thousand (5 000) inhabitants and an ETJ limit of one-half (1/2) mile; and WHEREAS, Fort Worth and Rhome have ETJ ~unsdichon m areas that overlap, and WHEREAS, Rhome and Fort Worth additionally have areas within their exclusive ETJ that they desire to apportion to promote orderly growth and development; and WHEEREAS, Chapter 43 of the Local Government Code provides that cities with overlapping ETJ areas may apportion the same by written instrument; and WHEREAS, R h o m e and Fort Worth find that apportionment of their overlapping and 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, Fort Worth and Rhome now desire to apportion their overlapping and exclusive ETJ boundary Imes, whereby Fort Worth will release from its exclusive and overlapping ETJ certain land to be relinquished to and become part of the ETJ of Rhome, and Rhome will relinquish to Fort Worth its overlapping and exclusive ETJ rights as described herein to become part of the ETJ of Fort Worth, and WHEREAS, rt is in the best interest of both Fort Worth and Rhome that certain and exclusive umncorporated areas within the ETJ of the two cities be apportioned. RESOLUTION INTERLOCAL AGREEMENT PAGE 1 Resolution No. 3312-02-2006 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 RHOME THAT SECTION 1. The following ETJ boundary realignment between Fort Worth and Rhome 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 Rhome is hereby determined, fixed and ratified as follows, with Rhome rehngmshmg to Fort Worth all ETJ rights which Rhome currently has outside the area shown by the line of ETJ demarcation on the map attached hereto as Exhibit A and incorporated herein for all purposes (the 'ETJ Line') and Fort Worth relmgmshmg to Rhome 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 Rhome all ETJ nghts rt currently has within the area encircled by the mutual common ETJ Line and apportionment described on Exhibit A SECTION 4 Rhome 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 Exhibit A SECTION 5. Fort Worth and Rhome do hereby covenant and agree to protect, preserve and defend the heremabove described boundary realignment and apportionment of ETJ SECTION 6. Fort Worth and Rhome 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 m any way the rights that either party may have at law or m equity to challenge or contest any other annexations or attempted annexations made by the other p~Y RESOLUTION INTERLOCAL AGREEMENT PAGE 2 ~r irl'esol~atAOn-I+?dn ?3~2~0~~24f~5 _ _ ,- SECTION 7 This Joint Resolution and Agreement shall become effective and shall become a binding agreement upon Fort Worth and Rhome by the adoption of same in regular open city council meetings of Fort Worth and Rhome, and upon execution thereof as prescribed in Section 10 hereof. SECTION 8. Rhome shall file a copy of this Joint Resolution and Agreement in the Deed Records of Wise County -- SECTION 9 Fort Wortlf shall file a copy of this Joint Resolution and Agreement in the Deed Records of Tarrant County SECTION 10. Fort Worth does hereby relinquish and ratify the relinquishment to Rhome all ETJ rights it currently has within the area encircled by the mutual common ETJ Line and apportionment described on Exhibit A PASSED AND APPROVED by the City Council of the City of Rhome on this day of , 2005 ~- G~~ MAYOR, CITY OF RHOME ATTEST CITY SECRETARY CITY OF RHOME RESOLUTION INTERLOCAL AGREEMENT PAGE 3 Ide~d9~tio~ ~tie.~~M3~3~J2m©2=2'Q~6 APPROVED AS TO FORM AND CITY A PASSED AND APPROVED by the City Council of the City of Fort Worth on this l tl~` day of ~e.6ryar~_ , 200. ~ S -~ ~~L~-c~G~~ /p'~'S CITY AT O Y RESOLUTION INTERLOCAL AGREEMENT PAGE 4 APPROVED A'S T'O FORM AND LEGALITY ~~tiitat A. n (~ r~-t- O `~ CD O O O W W l~3 i O N N O O City of Fort Worth, Texas Mayor anc! Council Communication __ COUNCIL ACTION Approved on 2/14/2006 Resolution No 3312-02-2006 DATE Tuesday February 14 2006 LOG NAME 06RHOMEETJ REFERENCE NO PZ-2665 SUBJECT Adoption of Joint Resolution and Agreement with the City of Rhome to Apportion Extraterritorial Jurisdiction to Release Land Located in the Extraterritorial Jurisdiction of Fort Worth to the City of Rhome and to Accept Land Released from the Extraterritorial Jurisdiction of Rhome to the City of Fort Worth . RECOMMENDATION It is recommended that the City Council 1 Approve the attached joint resolution and agreement with the City of Rhome whereby the cities of Fort Worth and Rhome mutually agree on a common boundary for the Extraterritorial Jurisdiction (ETJ) 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 municipalities ETJ The City of Fort Worth with a population exceeding 100 000 inhabitants has an ETJ of 5 miles The City of Rhome with a population of fewer than 5 000 residents has an ETJ of %2 mile The Local Government Code makes provisions for municipalities to make mutually beneficial agreements as to their ETJ boundaries On August 12 1997 the City of Fort Worth adopted Ordinance No 13118 annexing 508 8 acres out of the Greenberry Overton Survey and the Crockett Perry Survey Denton County With that annexation the ETJ of the City of Fort Worth was established into the southeastern corner of Wise County in the vicinity of the City of Rhome. In order to promote orderly growth and development, the City of Fort Worth and the City of Rhome wish to define the boundaries of their respective ETJ s along survey and property lines. Under the proposed agreement Fort Worth would relinquish approximately 910 acres of Fort Worths ETJ to Rhome In return Rhome would relinquish approximately 703 acres of their existing ETJ to Fort Worth The agreement will benefit citizens of both cities and will facilitate elements of planning and the provision of services. The City of Rhome has approved the joint resolution and agreement. Adoption of the joint resolution and agreement by the City of Fort Worth will establish new ETJ boundaries between Rhome and Fort Worth The proposed new ETJ boundaries are shown on the attached `Exhibit A FISCAL INFORMATION/CERTIFICATION Logname• 06RHOMEETJ Page 1 of 2 The Finance Director certifies that this action will have no material effect on City funds Logname 06RHOMEETJ Page 2 of 2