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Home My WebLink AboutContract 37195 RESOLUTION NO. 3622-06-2008 CaT t;, SECRETARY JOINT RESOLUTION AND AGREEMENT NO. R-1121-08 STATE OF TEXAS § COUNTY OF TARRANT § COUNTY OF JOHNSON § KNOW ALL MEN BY THESE PRESENTS. 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 Burleson ("Burleson") is a home rule city lying and being situated within the Counties of Johnson and Tarrant, State of Texas, with a population between twenty five thousand (25,000) and forty nine thousand (49,000) inhabitants and an ETJ limit of two (2) miles; and WHEREAS Burleson and Fort Worth 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 may apportion ETJ areas by written instrument; and WHEREAS Burleson and Fort Worth find that apportionment of their 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 Burleson and Fort Worth now desire to apportion their exclusive ETJ boundary lines, whereby Fort Worth will release from its exclusive ETJ certain land to be relinquished to and become part of the ETJ of Burleson, and Burleson will relinquish to Fort Worth its exclusive ETJ rights as described herein to become part of the ETJ of Fort Worth; and WHEREAS Fort Worth and Burleson have entered into good faith negotiations for a larger scale adjustment to their respective ETJ and corporate municipal boundaries and Burleson and Fort Worth agree to continue to work towards a mutually agreeable boundary adjustment in the near future; and WHEREAS it is in the best interest of both Fort Worth and Burleson that certain and exclusive unincorporated areas within the ETJ of the two cities be apportioned. l ✓ a RESOLUTION NO. 3622-06-2008 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 BURLESON THAT: SECTION 1. The following ETJ boundary realignment between Fort Worth and Burleson 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 Burleson is hereby determined, fixed and ratified as follows, with Burleson relinquishing to Fort Worth all ETJ rights which Burleson currently has outside the area shown by the line of ETJ demarcation on the map attached hereto as Exhibits "A-1" and "A-2" and incorporated herein for all purposes (the "ETJ Line") and Fort Worth relinquishing to Burleson 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 Burleson all ETJ rights it currently has within the area encircled by the mutual common ETJ Line and apportionment described on Exhibits "A-1" and "A-2". SECTION 4. Burleson 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 Exhibits "A-1" and "A-2". SECTION 5. Fort Worth agrees not to extend its ETJ into the area designated "Fort Worth Non Encroachment Area" on Exhibit "A-1". But for the "Fort Worth Non Encroachment Area", this Joint Resolution and Agreement does not preclude or prohibit future ETJ expansion by either city. �I F RESOLUTION NO. 3622-06-2008 SECTION 6. Burleson agrees to disannex the area on Exhibit "A-2" designated as "Burleson City to Fort Worth ETJ" by December 31, 2008, at which time it will become Fort Worth ETJ. SECTION 7. Fort Worth and Burleson do hereby covenant and agree to protect, preserve and defend the hereinabove described boundary, realignment and apportionment of ETJ. SECTION 8. Fort Worth and Burleson 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. SECTION 9. This Joint Resolution and Agreement shall become effective and shall become a binding agreement upon Fort Worth and Burleson by the adoption of same in regular open city council meetings of Fort Worth and Burleson, and upon execution thereof as prescribed in Section 10 hereof. SECTION 10. Burleson shall file a copy of this Joint Resolution and Agreement in the Deed Records of Johnson County. SECTION 11. Fort Worth shall file a copy of this Joint Resolution and Agreement in the Deed Records of Tarrant County. RESOLUTION NO. 3622-06-2008 PASSED AND APPROVED by the City Council of the City of Burleson on this ;h day of m C 2008. MAYOR, CITY OF BURLESON ATTES": CRY-SECRETARY, CITY OF 61 IRLESON APPROVED AS TO FORM AND LEGALITY CITY ATTORNEY PASS7 ND APPROVED by t' City Council of the City of Fort Worth on this rc day of 2008. MAYOR, CITY O F RT WOR ATTEST: CITY SECRE RY, CITY O FORT WORTH 3 Cora�pa0t Authorizatioa APPROVED AS TO FORM AND LEGALITY I �j bate � 't CITY ATTPANEY ',Exhibit A-1 for Burleson and Fort' l' Worth Boundary Adjustments Ind N FRI VA FAw , * AM R►� 1 -•.-,a�._.............��w-- crc=a.•.•,s_..• - ...-...emu w�.rft. �Tm#,It 10 IF 'Exhibit A-2 for Burleson and Fortt' Worth Boundary Adjustments f rl� ♦' t� r , � � - iii i�♦ 52 KNIM droopPAP `�,56 t 1 FA OFF a �' r- •a�i�risiisrfi�-�,�-rriivFis'i:Y'�liil� irii♦'riisirr.�. ,i� � I 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 61312008 - Res. No. 3622-06-2008 DATE: Tuesday, June 03, 2008 LOG NAME: 06BURLETJ REFERENCE NO.: PZ-2783 SUBJECT: Adoption of Joint Resolution and Agreement with the City of Burleson to Apportion Extraterritorial Jurisdiction, to Release Land Located in the Extraterritorial Jurisdiction of Fort Worth to the City of Burleson and to Accept Land Released from the Extraterritorial Jurisdiction of Burleson to the City of Fort Worth RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Joint Resolution and Agreement with the City of Burleson whereby the cities of Fort Worth and Burleson mutually agree on a common boundary for the extraterritorial jurisdiction, 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 municipality's extraterritorial jurisdiction (ETJ). The City of Fort Worth, with a population exceeding 100,000 inhabitants, has an ETJ of five miles. The City of Burleson, with a population between twenty five thousand (25,000) and forty nine thousand (49,000) residents, has an ETJ of two miles. The Local Government Code makes provisions for municipalities to make mutually beneficial agreements to adjust their ETJ boundaries. In order to promote orderly growth and development, the City of Fort Worth and the City of Burleson wish to define the boundaries of their respective ETJ's along survey and property lines. Under the proposed agreement, Fort Worth would relinquish approximately 1,120 acres of Fort Worth's ETJ to Burleson. In return, Burleson would relinquish approximately 670 acres of their existing ETJ to Fort Worth. In addition, Burleson would agree to de-annex approximately 75 acres from their city limits before December 2008 that would become a part of the Fort Worth ETJ. The proposed agreement also includes a 675 acre non-encroachment area adjacent to the Burleson ETJ. Fort Worth would agree not to claim this area as Fort Worth ETJ in the future. The agreement will benefit citizens of both cities and will facilitate elements of planning and the provision of services. The City of Burleson acted on the Joint Resolution at their regularly scheduled May 8, 2008 City Council meeting. Adoption of the Joint Resolution and Agreement by the City of Fort Worth will establish new ETJ boundaries between Burleson and Fort Worth. The proposed new ETJ boundaries are shown on the attached Exhibits A-1 and A-2. FISCAL INFORMATION/CERTIFICATION: Logname: 06BURLETJ 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: Fernando Costa (6140) Originating Department Head: Susan Alanis (8042) Additional Information Contact: Allison Gray (8030) Logname: 06BURLETJ Page 2 of 2 409PGn81b F "' No. JOINT RESOLUTION AND AGREEMENT NO. R-1121-08 STATE OF TEXAS § COUNTY OF TARRANT § COUNTY OF JOHNSON § KNOW ALL MEN BY THESE PRESENTS. 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 Burleson ("Burleson") is a home rule city lying and being situated within the Counties of Johnson and Tarrant, State of Texas, with a population between twenty five thousand (25,000) and forty nine thousand (49,000) inhabitants and an ETJ limit of two (2) miles; and WHEREAS Burleson and Fort Worth 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 may apportion ETJ areas by written instrument; and WHEREAS Burleson and Fort Worth find that apportionment of their 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 Burleson and Fort Worth now desire to apportion their exclusive ETJ boundary lines, whereby Fort Worth will release from its exclusive ETJ certain land to be relinquished to and become part of the ETJ of Burleson, and Burleson will relinquish to Fort Worth its exclusive ETJ rights as described herein to become part of the ETJ of Fort Worth; and WHEREAS Fort Worth and Burleson have entered into good faith negotiations for a larger scale adjustment to their respective ETJ and corporate municipal boundaries and Burleson and Fort Worth agree to continue to work towards a mutually agreeable boundary adjustment in the near future; and WHEREAS it is in the best interest of both Fort Worth and Burleson that certain and exclusive unincorporated areas within the ETJ of the two cities be apportioned. ^k '► 4 09PG [1811 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 BURLESON THAT: SECTION 1. The following ETJ boundary realignment between Fort Worth and Burleson 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 Burleson is hereby determined, fixed and ratified as follows, with Burleson relinquishing to Fort Worth all ETJ rights which Burleson currently has outside the area shown by the line of ETJ demarcation on the map attached hereto as Exhibits "A-1" and "A-2" and incorporated herein for all purposes (the "ETJ Line") and Fort Worth relinquishing to Burleson 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 Burleson all ETJ rights it currently has within the area encircled by the mutual common ETJ Line and apportionment described on Exhibits "A-1" and "A-2". SECTION 4. Burleson 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 Exhibits "A-1" and "A-2". SECTION 5. Fort Worth agrees not to extend its ETJ into the area designated "Fort Worth Non Encroachment Area" on Exhibit "A-1". But for the "Fort Worth Non Encroachment Area", this Joint Resolution and Agreement does not preclude or prohibit future ETJ expansion by either city. ^� 40 `ifG 818 SECTION 6. Burleson agrees to disannex the area on Exhibit "A-2" designated as "Burleson City to Fort Worth ETJ" by December 31, 2008, at which time it will become Fort Worth ETJ. SECTION 7. Fort Worth and Burleson do hereby covenant and agree to protect, preserve and defend the hereinabove described boundary, realignment and apportionment of ETJ. SECTION 8. Fort Worth and Burleson 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. SECTION 9. This Joint Resolution and Agreement shall become effective and shall become a binding agreement upon Fort Worth and Burleson by the adoption of same in regular open city council meetings of Fort Worth and Burleson, and upon execution thereof as prescribed in Section 10 hereof. SECTION 10. Burleson shall file a copy of this Joint Resolution and Agreement in the Deed Records of Johnson County. SECTION 11. Fort Worth shall file a copy of this Joint Resolution and Agreement in the Deed Records of Tarrant County. 40gPG 8 1 y PASSED AND APPROVED by the City Council of the City of Burleson on this �4•'h day of rnG.0 2008. MAYOR, CITY OF BURL SUN ATT T: CM(- SECRETA14Y, CITY OF B ESON ;; ,.. APPROVED AS TO FORM AND LEGALITY ;, '►��'••.,'..�.:_ �., :� �� CITY ATTORNEY PASSED AND APPROVED by the City Council of the City of Fort Worth on this day of 2008. , <, xEst•., z' MAY R, CITY OF FORT ORTH ATTEST i C 1706A60R� * , Y,.CITY OF FOK WORTH sa AP*b. OVE&ASY FORM AND LEGALITY �` �� contract AUthorizattion Data CITY ATTORNE 'Exhibit A-1 for Burleson and Fortl Worth Boundary A• low Flu KNO ter , 4y /f ,Exhibit A-2 for Burleson and Fort WorthBoundary Adjustments NO !!�� '1''•y i ----------------------- low ,''�I":.'4��•�."� /,''ice•�j,'��`' ,,. II/!/f� siiss'islii�iirr:iiridi��I1►�.r�.f��.rii%ram �ir�.�� 409PG088 ? WARNING --- THIS IS PART OF THE OFFICIAL RECORD DO NOT DESTROY Filed For Record L�-C73 AM ❑ PM 2 JUL 28 2008 County Clerk hnson County By L Deputy �rE OF z STATE OF TEXAS COUNTY OF JOHNSON that I hereby certify this instrument was FILED on the date and at the time stamped hereon by me and was duly RECORDED in the OFFICIAL PUBLIC RECORDS OF JOHNSON COUNTY,TEXAS in the Volume and Page as shown heron. CURTIS H.DOUGLAS,COUNTY CLERK JOHNSON COUNTY,TEXAS f*w aim, ALLISON GRAY FTW PLANNING DPT 1000 THROCKMORTON ST FTW TX 76102 Submitter: CITY OF FORT WORTH/DEVELOPMENT& PLANNING SUZANNE HENDERSON 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 Registratio 08/29/2008 01:63 PM Instrument D208339648 8 PGS $40.00 sy: �IIIIIII III IIIII Ill�l IIIII�� IIIiI illll��IIII��IIII D208339648 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. Printed by: WD