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HomeMy WebLinkAboutResolution 22850' JOINT RESOLUTION~AND AGREEMENT NO ~ ~ ~~ i RELEASE AND ACCEPTANCE OF EXTRATERRITORIAL JURISDICTION CITY SECI~ coNrRnCr No ,~ STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § KNOW ALL MEN BY THESE PRESENTS WHEREAS, the City of Fort Worth, Texas, is a home rule city lying and being situated m Denton and Tarrant Counties, State of Texas, and ~ WHEREAS, the Town of Westlake, Texas, is a Type-A general law city lying and being situated m Denton and Tarrant Counties, State of Texas, and WHEREAS, the Town of Westlake has unconditionally and irrevocably disannexed the land more particularly described on Exhibit A and Exhibit `B attached hereto and made a part hereof (the `Disannexed Land")• and WHEREAS, the City of Fort Worth and the Town of Westlake desire to adjust their extraterritorlal ~urlsdiction boundary lines to unconditionally and irrevocably release the Disannexed Land from the extraterritorial jurisdiction of the Town of Westlake and to include the Disannexed Land within the extraterritorial jurisdiction of the Crty of Fort Worth, and WHEREAS,-tlle City of Fort Worth and the Town of Westlake have the authority to pass and approve this Joint Resolution and Agreement pursuant to Section 42 023 of the Texas Local Government Code• and WHEREAS, notice of the proposed adoption of this Joint Resolution and Agreement has been duly posted in accordance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code, and WHEREAS, the City of Fort Worth desires to guarantee to the current and future owners of the Disannexed Land that the Disannexed Land will not be annexed for 15 years. NOW, THEREFORE, BE IT RESOLVED AND MUTUALLY AGREED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH AND THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE. JOINT RESOLUTION AND AGREEMENT HOOVER Page i 07510.0019.0253755.02 SECTION 1. That the City of Fort Worth and the Town of Westlake do hereby covenant and agree to protect, preserve, and defend the hereinafter described realignment of their respective extraterritorial jurisdictions. SECTION 2. That the Town of Westlake does hereby unconditionally and irrevocably relinquish and release to the City of Fort Worth any and all of the extraterritorial jurisdictional rights the Town of Westlake has or may have in and to the Disannexed Land.. SECTION 3. ~ That the City of Fort Worth does hereby include and accept the Disannexed Land into the extraterritorial jurisdiction of the City of Fort Worth and does hereby agree to assume the rights and obligations appurtenant to the D>sannexed Land. SECTION 4 That this Joint Resolution and Agreement shall become unconditionally and irrevocably effective and binding upon the Town of Westlake upon the effective date hereinafter set forth, and that this Joint Resolution and Agreement may not be altered or amended by the Town of Westlake without the prior written consent of the City of Fort Worth and each and all of the owners of the Disannexed Land. SECTION 5. That this Joint Resolution and Agreement shall become effective and binding upon the City of Fort Worth when approved by the City Council of the City of Fort Worth. SECTION 6. That the City of Fort Worth hereby agrees that the Disannexed Land well remain in its extraterritorial jurisdiction (and, therefore, will be immune from annexation) for 15 years from and after the effective date hereof (pursuant to Section 42 044 of the Texas Local Government Code) This JOINT RESOLUTION AND AGREEMENT is unconditionally and irrevocably PASSED AND APPROVED by the Board of Aldermen of the Town of Westlake, Texas, this 2nd day of May 1997 and is effective at ~ ~"3 ~.M. on such date. JOINT RESOLUTION AND AGREEMENT HOOVER Page 2 07510.0019.0253755 02 ATTEST Ginger Crosswy Secr Date: May 2, 1997 APPROVED AS TO FORM ND EGALITY c/~ ill Wood, Town Attorney Date: May 2, 1997 THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § SIGNED /~ ,. % MAYOR Carroll Huntress, MAYOR PRO-TEM This instruLment was acknowledged before me on the 2nd day of May 1997 by Gt~ ~., ~~,1-~- Mayor of the Town of We Hake. Notary Public in and for My Commission Ex fires ~ D the State of Texas • JOINT RESOLUTION AND AGREEMENT HOOVER Page 3 07510 0019.0253755 42 • THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § Thi instrument was acknowledged before me on the 2nd day of May 1997 by ~QrY o~ ~ ~ ~,h~c eSs ,Mayor Pro-Tem of the Town of Westlake. Notary Public mom~ooem the State o Tr PUB~~ KRISTA LANETTE HURST My Commission Expires. Notary Pubpa ~_ i -~ ~ C~ STATE OF TDU-S 1 ~~ ~ ~~Th My Camm. E>~. 0?/1W'99 This JOINT RESOLUTION AND AGREEMENT is passed and approved by the Clty Council of the Crty of Fort Worth, Texas, this 3n.d day of , 1997 ATTEST G~~e~ i `~ ~2.X~4 ,Secretary ,Mayor AP ROVED AS TO FORM A EGALITY City Attorney Date• ~ - 3 ' Q~ • JOINT RESOLUTION AND AGREEMENT HOOVER Page 4 07510.0019:0253755 02 THE STATE OF TEXAS § COUNTY OF TARRANT § This inst ent was acknowledged before me on the ~R.~~`- day of 1997 by /~/~ ,Mayor of the C>ty of Fort Worth. / ~ t f;~/'~ Notary Public m and for the State of Texas My Commission Expires. • JOINT RESOLUTION AND AGREEMENT HOOVER Page 5 07510 00190253755 02 EXHIBIT "A" • Drawm of `Disannexed Land" g • JOINT RESOLUTION AND AGREEMENT HOOVER Page 6 07510.0019.0253755 02 • EXHIBIT "B" • Description of `Disannexed Land" The following described land has been released from the extraterritorial jurisdiction of the Town of Westlake, Texas, and has been included and accepted mto the extraterritorial jurisdiction of the City of Fort Worth, Texas. ti • JOINT RESOLUTION AND AGREEMENT HOOVER Page 7 07510.0019.0253755 02 EXHIBIT `B' PROPERTY DESCRIPTION WAYNE T HOOVER • This property is comprised of one tract of land totaling approximately 18 acres located on the east side of J T Ottinger Road south and east of the intersection of J T Ottinger Road and State Highway 170 and north of the intersection of J T Ottinger Road and Dove Road in Tarrant County Texas. This tract of land is generally shown on the attached Exhibit A and further described below BEING a tract of land situated in the J Gibson Survey Abstract No 592, Tarrant County Texas and being that tract of land as described by deed to Wayne T Hoover and recorded in Volume 5492 Page 93 County Records Tarrant County Texas, save and except any portion of said tract situated within 50 feet of the westerly right-of--way line of J T Ottinger Road C&B Job No 971303010 J \JOB\97130301\SUR\LEGAL\TR10 LG May 2 1997 Page 1 of 1