HomeMy WebLinkAboutResolution 2880~~~ ~~ ~ a~~~ ~~ ~.
JOINT RESOLUTION AND AGREEMENT NO -OJ~I
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF PARKER §
WHEREAS the City of Fort Worth (Fort Worth) is a home rule city {ying 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 Aledo (Aledo) is a general law city lying and being situated
within the confines of the County of Parker State of Texas with a population of less than
five thousand (5 000) inhabitants and an ETJ limit of/Z mile and
WHEREAS Fort Worth and Aledo have ETJ jurisdiction in areas that overlap• and
WHEREAS Aledo and Fort Worth additionally 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 with
overlapping ETJ areas may apportion the same by written instrument; and
WHEREAS Aledo and Fort Worth find that apportionment of their overlapping and
exclusive ETJ areas will be to the benefit of the citizens of both cities and their adjacent
areas and wil{ facilitate the elements of planning and services which contribute to orderly
growth and deve{opment of the regional areas• and
WHEREAS Fort Worth and Aledo 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 Aledo
and Aledo will relinquish to Fort Worth i#s 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 Atedo that certain
unincorporated areas within the ETJ of the two cities be apportioned
NOW, THEREFORE, BE iT RESOLVED AND MUTUALLY AGREED BYTHE CITY
COUNCIL OF THE CITY OF FORT WORTH AND THE CITY COUNCIL OF THE CITY OF
ALEDO.
SECTION 1 U(~~OC~~ad ~~~~~~
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The following ETJ boundary realignment between Fort Worth an ~ y
described is in the best interests of the property owners and inhabits . °
SECTION ~2.
The common ETJ boundary line and apportionment of ETJ between Fort Worth and
W:Wedo\ResolutionslETJ Swap.Fort worth.2002.wpd (03/07/02) Page 1
~' rxHTBIT A (~
~ EXHIBIT B ~'"' !
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ADDENDUM "A"
EXTRATERRITORIAL JURISDICTION EXCHANGE AND
BOUNDARY AGREEMENT
UTII.ITY PLANNING PROVISIONS
The parties to the Agreement, the City of Fort Worth and the City of Aledo, as a portion
of their discussions relating to an extraterritorial jurisdiction exchange and long term boundary
agreement have entered into certain arrangements for the planning of utility service into the areas
subject to this agreement. The utility service arrangements are planning principals and
agreements based upon the intent of the parties and reflect the commitment of the parties to one
another but do not represent a commitment to any third parties of a specific level of timing and
service provision. The parties have agreed as follows.
1 The City of Fort Worth does not presently have a certificate of convenience and
necessity ("CCN") to be the utility service provider for the extraterritorial jurisdiction areas that
are to be exchanged or within close proximity to those areas. Fort Worth does intend to seek a
CCN in the areas in and around those extraterritorial jurisdiction areas to be exchanged,
however Fort Worth .is not representing to any property owners m the area a specific timetable
under which it will seek certification to be a utility service provider within this extraterritorial
jurisdiction azea.
2. The City of Aiedo does hold certain certificates of convenience and necessity
authorizing it to be the water service and sanitary sewer service utility provider within azeas to be
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exchanged. The City of Aledo represents that it will, within six months followii~t~tA~'e~c'i ~rq '
of this Agreement, seek to add to its certificated areas all property designated to b~BC~vitl~ifi tl?~~~
boundaries of the City of Aledo or the City of Aledo s extratemtorial jurisdiction ancill~~[a~
y d~~~~~1~` ci op ~r~t~`~o ~~€ ~,ka,,a
utilit service available within these certificated areas u ~ er~}~"e tovision
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policies to all property owners within its city limits or extraterritorial jurisdiction who request
utility service. The City of Alecto agrees that if any property owner in an area that is located
within the area subject to this Agreement requests utility service for areas that are the subject of
this temtorial exchange and boundary agreement and the City of Alecto is not able to provide this
service on a timely basis (six calendar months from date of request) it will authorize the property
owner to obtain utility service from any other public utility provider capable of serving the
property
3 The City of Alecto and the City of Fort Worth agree and acknowledge that certain
areas lying within the City of Fort Worth s extraterritorial jurisdiction pursuant to this agreement
may not be placed within the City of Fort Worth s CCN coverage in the immediate future. If a
property owner within that area seeks utility service from the City of Alecto, Alecto will contact
the City of Fort Worth and seek its consent to be the utility service provider m that area prior to
taking any steps to extend utilities to the pioperty Alecto will provide utility service only if Fort
Worth agrees to the extension of such service. If Alecto becomes the utility service provider to
that azea and.is required to incur debt in order to serve the area in question, it will be permitted to
continue to serve that area (both developed and undeveloped portions) until such time as it has
repaid the indebtedness incurred for extending service, or in the alternative, the City of Fort
Worth has assumed or defeased the indebtedness incurred against that area by Alecto
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City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME 12ALED0 l PAGE 1 of 2
8/20/02 L-13389 l
suB~ECT ADOPTION OF A JOINT RESOLUTION AND AGREEMENT WITH THE CITY OF
ALEDO TO APPORTION OVERLAPPING EXTRATERRITORIAL JURISDICTION TO
RELEASE LAND LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF FORT
WORTH TO THE CITY OF ALEDO AND TO ACCEPT LAND RELEASED FROM THE
EXTRATERRITORIAL JURISDICTION OF ALEDO
RECOMMENDATION
It is recommended that the City Council:
1 Approve the attached Joint Resolution and Agreement with the City of Alecto whereby the cities of
Fort Worth and Alecto apportion overlapping extraterritorial jurisdiction and Fort Worth releases land
located west and northwest of Alecto from its extraterritorial jurisdiction and accepts land on the east
boundary of Alecto released by Alecto from its extraterritorial jurisdiction and
2. Authorize the Mayor to execute the attached Joint Resolution and Agreement.
DISCUSSION
The City of Alecto is a general law city located in Parker County west of Fort Worth and south of
Interstate Highway 20 Alecto was created within five miles of Fort Worth's corporate limits before the
Annexation Act of 1963 The adoption of the Annexation Act created overlapping and shared
extraterritorial jurisdictions (ETJ) between Fort Worth and Alecto in the area one-half mile from A1edo's
corporate limits Because Fort Worth's ETJ surrounds Alecto Aledo's ETJ has not expanded beyond
the one-half mile established by the Annexation Act of 1963
The Annexation Act authorizes cities that had overlapping ETJ's on August 23 1963 to execute an
agreement apportioning the overlapping ETJ In 1975 the cities of Fort Worth and Alecto negotiated an
apportionment of the ETJ boundary However the two cities never executed the agreement.
In 1994 Fort Worth released a portion of its ETJ south of the Alecto city limits to allow Alecto to annex
property for the construction of a new school by the Alecto Independent School District.
The current ETJ boundaries of Alecto and Fort Worth are indicated on the map attached and marked as
Exhibit A
In 2001 at the request of the Alecto Independent School District and property owner Jim Bailey Alecto
approached Fort Worth to discuss apportionment of the cities' ETJ in order to manage the growth and
development of both cities by the adoption of a Joint Resolution
If the Joint Resolution is approved by Fort Worth Alecto will be releasing approximately 600 acres to
Fort Worth and Fort Worth will be releasing approximately 1 687 acres to ETJ
boundary lines between Alecto and Fort Worth V~~~C~ e~~ ~e1~(~G~OD
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City of Fort T~'orth, Texas
Mayor and Council Communication
8!20/02
L-13389
12ALED0
2of2
SUBJECT ADOPTION OF A JOINT RESOLUTION AND AGREEMENT WITH THE GI I Y Ur
ALEDO TO APPORTION OVERLAPPING EXTRATERRITORIAL JURISDICTION TO
RELEASE LAND LOCATED IN THE EXTRATERRITORIAL JURISDICTION OF FORT
WORTH TO THE CITY OF ALEDO AND TO ACCEPT LAND RELEASED FROM THE
EXTRATERRITORIAL JURISDICTION OF ALEDO
Fort Worth would release land to Aledo in its ETJ located to the southwest and west of Aledo and east
of the cities of Annetta, Annetta South and Annetta North The area currently in Fort Worth's ETJ to
the southwest of Aledo is mostly floodplain Fort Worth would also release land in its ETJ located north
and northwest of A{edo s boundary line and south of Bankhead Highway consisting of property
belonging to the Aledo Independent School District and a trailer park development. The floodplain
area, school district property and the trailer park development proposed to be released by Fort Worth
consist of approximately 711 acres.
{n return, Aledo would release land in its ETJ located on its east and northeast corporate limits. The ETJ
released by Aledo consists of the greater part of the Dean Ranch located within its current ETJ As a result,
the majority of the Dean Ranch consisting of approximately 575 acres wi{I be within Fort Worth's ETJ
The City of Aledo has approved the attached Joint Resolution and Agreement. Adoption of the
attachment by Fort Worth will apportion unincorporated areas within the ETJ of both cities and establish
new ETJ boundaries between Aledo and Fort Worth. The proposed new ETJ boundaries for Aledo and
Fort Worth are indicated on the map attached and marked as Exhibit 'B"
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
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Submftted for City Manager's
Office by:
Charles Boswell 6183
David Yett 7623
FUND I ACCOUNT I CENTER I AMOi1NT
APPROVED 10/15/02
RESOLUTION NO. 2880
David Yett 7623