HomeMy WebLinkAboutContract 33248 CITY SECRETARY
.'ONTRACT NO.
JOINT 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 jurisdiction (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 jurisdiction in 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 lines, 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, it is in the best interest of both Fort Worth and Rhome that certain and
exclusive unincorporated areas within the ETJ of the two cities be apportioned.
RESOLUTION INTERLOCAL AGREEMENT - ,—
Offk`hu Rob
C^IT 1_22':;11
111 iii�[[ (,I'?V
��2 C;;�6 i',Ut U
Ff. W`00 ,fl, TEX.
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 relinquishing 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 relinquishing 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 rights it
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
hereinabove 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 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-
RESOLUTION -INTERLOCAL AGREEMENT
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 Worth 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 52005.
j /v0A4*Vt1j�
MAYOR, CITY OF RHOME
ATTEST:
CITY SECRETARY, CITY OF RHOME
RESOLUTION - INTERLOCAL AGREEMENT f6coKp
FT. W"UTH, TEX.
j
APPROVED AS T O FORM AND LEGALITY:
ffl./w 10�e
CITY ATTORNEY/
PASSED AND APPROVED by the City Council of the City of Fort Worth on this
1 y?4' day of 1�e. ry�e4 , 2006.
//;Q4 L
MAYOR, CITY O ORT WO H
ATTEST:
CITY SECRETA&, CITY OF FORT ORTH
APPROVED AS TO FORM AND LEGALITY:
CITY ATTO EY
:or.tract Authorizatiox
Date
RESOLUTION - INTERLOCAL AGREEMENT
`fir
r .i )Ark, t
m F Y F W r a n _•� �$=O
wW 1 015 E
Q m
J EE J 3 L0 w
ry ec �.s=L
O
U Z L
LL - m s
o
0 Yo W U =:
C w z w a` a
d x H m W 3 sza
-sg8 a A
i
1
1
1 `
t �1
1
1
1
1
----------- --- --------+ 1
1- 1
--f 1
ALEX PARKS
CITY OF FTW
1000 THROCKMORTON ST
FTW TX 76102
Submitter: FTW 1 ALEX PARKS 1 JOHN GARFIELD
SUZANNE HE14DERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 03/10/2006 12:24 PM
Instrument#: D206070641
OPR 8 PGS $40.00
B
I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
D206070641
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR
RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
City of Fort Worth, Texas
Mayor and 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 % 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 Worth's 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.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Dale Fisseler(6266)
Originating Department Head: Bob Riley (8901)
Additional Information Contact: Allison Gray(8030)
Log ame: 06RHOMEETJ Page 2 of 2