HomeMy WebLinkAboutResolution 2205;. s~
JOINT RESOLUTION AND AGREEMENT NO
~~
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
§
COUNTY OF TARRANT §
• WHEREAS, the City of Fort Worth (Fort Worth) is a home rule
city lying and being situated within the Counties of Tarrant and
Denton, State of Texas; and
WHEREAS, the City of Kennedale (Kennedale) is a general law
city lying and being situated within the confines of the County of
Tarrant, State of Texas; and
• WHEREAS, Fort Worth and Kennedale now desire to adjust their
corporate and extra-territorial jurisdiction (ETJ) boundary lines,
whereby Fort Worth will release from its corporate limits and its
exclusive ETJ certain land to be relinquished to and become part of
the ETJ of Kennedale, and Kennedale will relinquish to Fort Worth
whatever ETJ rights it may have in certain other land described
herein; and
• WHEREAS, on March 16, 1990, Fort Worth and Kennedale entered
into an interlocal agreement designated as City of Fort Worth
Contract No 17722, whereby Fort Worth agreed to pay Kennedale an
annual sum of $25,000 00 per year for the use of Dick Price Road;
and
WHEREAS, Rennedale and Fort Worth desire to amend that
agreement by reducing and then eliminating the annual payments owed
to Kennedale; and
• WHEREAS, Kennedale currently provides water and sewer service
to the Material Recovery Facility (MRF), which lies within the
water and sewer service area of Kennedale; and
WHEREAS, it is in the best interest of both Fort Worth and
Kennedale that certain unincorporated areas within the ETJ of the
two cities be apportioned;
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 KENNEDALE
SECTION 1
` The following ETJ boundary realignment between Fort Wo~rt.h~~nd~
Kennedale as hereby described, is in the best interests of t~lei~'e~ Q
property owners and inhabitants of both cities ~~~~ ~~1J6~G~L
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SECTION 2
The common ETJ boundary line and apportionment of ETJ between
Fort Worth and Kennedale is hereby determined, fixed and ratified
and the same is hereby particularly described by metes and bounds
as follows, with Kennedale relinquishing to Fort Worth all ETJ
rights which Kennedale may have within the area west and south of
the hereinafter described line, and Fort Worth relinquishing to
Kennedale all ETJ rights which Fort Worth may have within the area
east and north of said line
• Beginning at a point in the most southerly line of the
existing Sou theast Landfill, and said point being 400
feet west of the westerly ROW line of Dick Price Road;
Thence south and 400 feet parallel to Dick Price Road to
~ the southern boundary line of the Cedar Creek pipeline
ROW;
• Thence northwest along the southern boundary line of
Cedar Creek pipeline ROW to its intersection with the
centerline of Village Creek;
Thence southwesterly along the meanders of the centerline
of Village Creek to its intersection with the northern
ROW line of Shelby Road;
~~ Thence easterly and southerly along the north and east
boundary line of the Shelby Road ROW to its intersection
with the west ROW line of Dick Price Road;
Thence south and east along the north boundary line of
the Dick Price ROW to its intersection with the eastern
boundary line of New Hope Road;
• Thence north along the east boundary line of the New Hope
Road ROW to its intersection with the southern boundary
line of Hudson Village Creek Road ROW;
Thence east along the south boundary line of the Hudson
Village Creek Road ROW to its intersection with the west
boundary line of the Eden Road ROW;
Thence south along the west boundary line of the Eden
Road ROW to its intersection with the south boundary line
of Hudson Village Creek Road ROW;
'' Thence east along the south boundary line of Hudson
Village Creek Road ROW to the west boundary line of the
Old Mansfield Hwy ROW,
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2
Thence in a northwesterly direction along the west ROW
line of Old Mansfield Hwy to the existing City Limit Line
of the City of Kennedale
SECTION 3
•
•
Fort Worth does hereby relinquish and ratify the
relinquishment to Kennedale all ETJ rights it may have within the
area east and north of the above described mutual common ETJ
boundary line and apportionment
SECTION 4
Kennedale does hereby relinquish and ratify the relinquishment
to Fort Worth all ETJ rights it may have within the area west and
south of the above described mutual common ETJ boundary line and
apportionment
SECTION 5
The area relinquished to Kennedale pursuant to Section 2
hereof is shown on a map (Exhibit A ), which map is attached
hereto and expressly incorporated herein for all purposes
SECTION 6
Fort Worth and Kennedale do hereby covenant and agree to
protect, preserve and defend the hereinabove described boundary,
realignment and apportionment of ETJ
SECTION 7
Fort Worth hereby agrees to proceed with due diligence in
adopting an ordinance to di~annex a portion of a strip of land
previously annexed by Fort Worth Ordinances Nos 4817 and 4984,
• beginning at the Southeast Landfill to the northern right-of-way of
~ Dick Price Road, at its intersection with New Hope Road The area
to be disannexed is depicted on Exhibit B , attached hereto and
incorporated herein for all purposes
SECTION 8
Pursuant to Section 43 031 of the Local Government Code, Fort
Worth and Kennedale mutually agree to proceed with due diligence in
adopting ordinances necessary to change a portion of their
respective corporate boundaries Said ordinances shall provide that
the portion of the City of Fort Worth which contains the access
road~for eastbound Interstate 20 between Business 287 and Bowman
Springs Road will become a part of the incorporated city limits of
Kennedale The above described area which will become a part of
Kennedale is depicted on Exhibit C attached hereto and
incorporated herein for all purposes
3
SECTION 9
• Fort Worth and Kennedale agree and resolve that the adoption
by 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 anyway 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 10
• The interlocal agreement between Fort Worth and Kennedale,
dated March 16, 1990, and designated as Fort Worth Contract No
17722, providing for a minimum annual payment of $25,000 00 to
Kennedale (payable in quarterly payments of $6,250 00) is hereby
amended as set forth herein Fort Worth shall continue to make
quarterly payments of $6,250 00 to Kennedale until the strip
described in Section 7 of this Joint Resolution and Agreement is
• disannexed by Fort Worth Beginning the first quarter after Fort
Worth disannexes the strip described in Section 7 of this Joint
Resolution and Agreement, the quarterly payment shall be reduced to
$3,750 00 per quarter for four quarters, and then further reduced
to $2,500 00 per quarter for four quarters Thereafter, Fort
Worth s obligation to make payments pursuant to Contract No 17722
shall cease All other terms, conditions, rights, privileges and
agreements contained therein shall continue unabated until such
time as Fort Worth ceases to use the Southeast Landfill as a
- municipal disposal site
SECTION 11
Kennedale agrees to provide water and sewer service to the MRF
at the normal Kennedale rate for water and sewer service outside
city limits for the life of the facility, or until the City of Fort
Worth elects to provide such service
• SECTION 12
This Joint Resolution and Agreement shall become effective and
shall become a binding agreement upon Fort Worth and Kennedale by
the adoption of same in regular open city council meetings of Fort
Worth and Kennedale, and upon execution thereof as prescribed in
Section 14 hereof
SECTION 13
Should the apportionment of the ETJ as described herein be
decl`~red invalid by a court of competent jurisdiction, this Joint
Resolution and Agreement shall be deemed void and the ETJ
boundaries herein established shall revert to and be the same as
the boundaries as they existed on March 15, 1996 In that event,
the amendments to Fort Worth Contract No 17722, as set forth in
"' 4 4
~~
Section 10 of this agreement shall be without effect; provided,
however, payments to the City of Kennedale shall resume on the date
this agreement is deemed void, without the accrual of past payments
due in excess of those provided for in Section 10 of this
agreement
SECTION 14
•
•
city council of the City of
1996
City Se ret ry, City of Kennedale
CITY OF KENNEDALE
By
Mayor
APPROVED AS TO FORM AND LEGALITY
`~9.s~n cry--~~~ ~c~~
City Att rney, City 'of Kennedale
.....
This Joint Resolution and Agreement, upon adoption by both
cities, shall be executed in several originals and shall be spread
in full on the minutes of each city A copy of this Joint
Resolution and Agreement shall be executed by the mayor and
attested by the city secretary of each city
PASSED AND APPROVED b the city council of the City of Fort
Worth on this 13 ~, day of ...~ , 1996
ATTEST
City Secretary, City of Fort Worth
CITY OF FORT WORTH
Kern~ec~: 3~rr P ~t~or -
By
APPROVED AS TO FORM AND LEGALITY
Deputy City Attorney
PASSED AND APPROVED by the
Kennedale this 13 day of June
ATTEST
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EXTRATERRITORIAL JURISDICTION CHANGE - CITY OF FORT WORTH
PROJECT KENNEDALE BOUNDA.RY/E.T.J .ADJUSTMENT
FILE NO D-95-01.. ASSOC REO
FW PLAN COM REC
CURRENT FT WORTH ETJ BOUNDARY ~~ ~~ FW COUNCIL AooPT
RESOLUTION NO
ACRES TO 8E GAINED BY FT WORTH
CITY COUNCIL
ACRES TO BE RELEASED BY FT WORTH ~LLLL~
ADOPTION
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CORPORATE BOUNDARY CHANGE - CITY OF FORT WORTH
PROJECT KENNEDALE BOUNDARY/E.T.J ADJUSTMENT
iST PUBLIC HEARING
FILE NO D-95-O1 PLAT NO
2ND PUBLIC HEARING
CURRENT INCORPORATED AREA ,,,,.,,,, ~ DATE OF ADOPTION
ORDINANCE NO
ACRES TO BE ANNEXED
~i~ PREVIOUS INCORP AREA SO MI
ACRES TO BE DISANNEXED
NEW INCORP AREA SQ MI
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Exhibit B
Exhibit
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