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Home My WebLink AboutContract 23201-A1 CITY SECRETARY D DID CONTRACT NO. 2 3a O 1"A-1 Wp� AMENDMENT 41 TO CSC NO. 23201 c,�pS4�P�`t AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE TOWN OF NORTHLAKE THIS AMENDMENT 41 (this "Amendment") is entered into as of the 7 A day of 14PRI, 1, 2020 (the "Effective Date"), by and between THE CITY OF FORT WORTH, a home-rule municipal corporation ("FORT WORTH"), and the TOWN OF NORTHLAKE, a general law city ("NORTHLAKE") being sometimes collectively referred to as the "Parties" or individually as a"Party". WITNESSETH: WHEREAS, in 1997 the City of Fort Worth and Town of Northlake entered into an interlocal agreement (the "1997 ILA") to provide for a uniform wholesale water contract; to provide for a Joint Resolution and Agreement for the adjustment of the extraterritorial jurisdiction (ETJ) boundaries between the two cities and to provide for a revenue sharing arrangement; and WHEREAS, in 2015 litigation ensued between the Town of Justin and Northlake over the 1997 Joint Resolution and Agreement which apportioned and swapped areas of ETJ as depicted in Exhibit A; and WHEREAS,Northlake and Fort Worth will execute a new interlocal agreement(the"2020 ETJ Allocation and Transfer Agreement") to affirm and adjust corporate and ETJ boundaries between the Parties unsettled by the decision that resulted from the 2015 litigation between Northlake and the Town of Justin and to allocate additional ETJ areas to one another in consideration for execution of this Amendment; and AMENDMENT#I TO AGREEMENT BETWEEN THE CITY OF FORT WORTH, TOWN OF NORTH LAKE-PAGE I WHEREAS, the 2020 ETJ Allocation and Transfer Agreement provides for additional exchanges and boundary adjustments in exchange for this Amendment to the 1997 ILA that deletes all references to the municipal services-revenue sharing provision; and WHEREAS, it became necessary to further amend the 1997 ILA to address certain issues relating to the approval of plats and plans in the portions of Fort Worth's ETJ to be allocated to Northlake; to provide for the transfer of approval authority for the creation of special districts in the allocated ETJ to Northlake; and to provide for the process of the transfer of the Certificate of Convenience and Necessity from Fort Worth Northlake for those areas being exchanged and boundary adjustments that are part of the new interlocal agreement; NOW, THEREFORE, in consideration of these premises and the mutual benefits and advantages accruing to FORT WORTH AND NORTHLAKE, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: ARTICLE I. AGREEMENTS OF FORT WORTH AND NORTHLAKE A. ILA,AS AMENDED HEREBY,REMAINS IN FULL EFFECT. The Parties acknowledge and agree that all provisions of the ILA remain in full force and effect, except as specifically amended by this Amendment, and that each Party has fully performed its respective obligations thereunder arising up to the Effective Date, and agree to fully perform all remaining obligations arising subsequent to the Effective Date. B. AUTHORITY IN THE EXTRATERRITORIAL JURISDICTION OF FORT WORTH. (1) This amendment shall apply to the unincorporated land located in Fort Worth's ETJ area that has been allocated to Northlake, as depicted in Exhibit B. AMENDMENT#1 TO AGREEMENT BETWEEN THE CITY OF FORT WORTH, TOWN OF NORTHLAKE-PAGE 2 (2) Northlake shall have the exclusive jurisdiction to regulate subdivision plats and approve subdivisions construction plans in the allocated area as shown in Exhibit B, in accordance with Chapter 212 of the Texas Local Government Code (TLGC), as amended and other statutes applicable to the extraterritorial jurisdiction of Texas municipalities. (3) Northlake shall have exclusive jurisdiction to consent to the creation of a political subdivision to supply water or sewer services, roadways or drainage facilities, and to make such agreements with such political subdivision as may be necessary to assure orderly provision of public services within the allocated area of the ETJ as shown in Exhibit B, in accordance with the Texas Loc. Gov't Code and Chapter 54 of the Texas Water Code. Northlake shall require as part of the creation of the political subdivision that all parties relevant to the creation of the political subdivision acknowledge and agree that water or sanitary sewer services shall not be provided by Fort Worth. C. TERMINATION OF REVENUE SHARING. The Parties agree that all obligations under the provisions of the 1997 ILA, as set forth in section 4 thereof, related to municipal services and revenue sharing are hereby terminated and shall be of no further force or effect as of the effective date of this Amendment. D. TRANSFER OF CERTIFICATE AND CONVENIENCE AREA(CCN). The Parties agree that the following terms shall apply to the transfer of Fort Worth's Certificate of Convenience and Necessity for water service to Northlake. AMENDMENT#1 TO AGREEMENT BETWEEN THE CITY OF FORT WORTH, TOWN OFNORTHLAKE-PAGE 3 (1) Fort Worth will release to Northlake that portion of its CCN as depicted and described in Exhibit C. The parties acknowledge that there are currently no services being provided in the depicted area. (2) Upon finalization of the 2020 ETJ Allocation and Transfer Agreement,Northlake shall promptly file an application at the Public Utilities Commission ("PUC") for those portions of Fort Worth's CCN identified in Exhibit C that have been released by Fort Worth. Fort Worth agrees to support any such application at no expense to Fort Worth and agrees it will not protest Northlake's application at the PUC. The parties agree to perform all reasonable and necessary acts necessary to transfer the CCN. ARTICLE II. MISCELLANEOUS A. NOTICES. The notice addresses for the Parties set forth in Section 13, Notices, of the Original ILA are hereby deleted and the following substituted in their place: If intended for Fort Worth, to: City Manager City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 If intended for Northlake: Town Manager 1500 Commons Circle Suite 300 Northlake, Texas 76226 Any of the Parties may further change its address for notices and communications hereunder by providing notice pursuant to this section. AMENDMENT#1 TO AGREEMENT BETWEEN THE CITY OF FORT WORTH, TOWN OF NORTHLAKE-PAGE 4 B. SUCCESSORS AND AssIGNs. This Amendment and the ILA as amended by this Amendment shall bind, and shall be for the sole and exclusive benefit of, the Parties and their legal successors, and create no rights in other parties, including the public at large. No Party shall assign its interest in this Amendment or the ILA as amended by this Amendment without the prior written consent of the other Party,unless otherwise prov ded by law. C. WRITTEN AMENDMENTS. Any changes in the character, agreement, terms, and/or responsibilities of the Parties under the 1997 ILA, as amended by this Amendment, must be enacted through a written amendment executed by the Parties. D. LIMITATIONS. All covenants and obligations of the Parties under the 1997 ILA, as amended by this Amendment, shall be deemed to be valid covenants and obligations of said entities, and no officer, director, or employee of any Party shall have any personal obligations or liability hereunder. E. RELATIONSHIP OF THE PARTIES. Nothing in this Amendment or the 1997 ILA as amended by this Amendment shall be deemed or construed by the Parties, or by any third party, as creating the relationship of principal and agent or of partnership or joint venture between any of the Parties, nor any joint enterprise. F. AUTHORIZATION. Each Party represents to the other Party that it is fully authorizeid to enter into this Amendment and to perform its obligations hereunder and under the 11997 ILA, as amended by this Amendment, and that no waiver, consent, approval, or authorization from any third party is required to be obtained or made in connection ith the execution, delivery, or performance of this Amendment in accordance with its to s, other than those that have been obtained. AMENDMENT#1 TO AGREEMENT BETWEEN THE CITY OF FORT WORTH, TOWN OFNORTHLAKE—PAGE 5 G. INTERPRETATION. No provision of this Amendment shall be construed against or interpreted to the disadvantage of any Party by any court or other governmental or judicial authority by reason of such Party having or being deemed to have drafted, prepared, structured, or dictated such provision. [SIGNATURE PAGE FOLLOWS] AMENDMENT#1 TO AGREEMENT BETWEEN THE CITY OF FORT WORTH, TOWN OF NORTHLAKE-PAGE 6 IN WITNESS WHEREOF, FORT WORTH AND NORTHLAKE, have exec ted counterparts to effectuate this Amendment, which will become effective on the date that the last party executes this Amendment. aF rUF��. ATTEST: A ' 0 CITY OF FORT WORTH 7 � t •� MARY J.KAYS {{ , ;. DANA BURGHD;jjrnager , City Secretary / J Assistant City M&C 0'-;� 0 Date: J2020 Date: _4 J, 2020 Approved As To Form And Le it : Assistant 6ty Attorney ATTEST: TOWN OF NORTHLAKE By: Town Secretary Mayor Approved As To Form And Legality Date: , 2020 Assistant City Attorney OFFICIAL R ECOR® AMENDMENT#I To AGREEMENT BETWEEN THE CITY OF FORT WORTH, CITY SECRETARY TOWN OFNORTHLAKE-PAGE FT. WORTH,TX IN WITNESS WHEREOF, FORT WORTH AND NORTHLAKE, have executed counterparts to effectuate this Amendment, which will become effective on the date that the last party executes this Amendment. ATTEST: CITY OF FORT WORTH MARY J.KAYSER, DANA BURGHDOFF, City Secretary Assistant City Manager M&C Date: , 2020 Date: , 2020 Approved As To Form And Legality: Assistant City Attorney ATTEST: TOWN OF NORTHLAKE By: i l ✓/ c TT/ own Secretary Mayor Approved As To Form And Legality: Date: , 7, 2020 Assistant City Attorney OF NORTH �O OFSCIAL RECORD a SECRETARY AMENDMENT#1 TO AGREEMENT BETWEEN THE CITY OF ?'EXAS 77I, F y, �11p OR a HJ"TX TOWN OF NORTHLAKE—PAGE 7 IN WITNESS WHEREOF, FORT WORTH AND NORTHLAKE, have executed counterparts to effectuate this Amendment,which will become effective on the date that the last party executes this Amendment. ATTEST: CITY OF FORT WORTH MARY J.KAYSER, DANA BURGHDOFF, City Secretary Assistant City Manager M&C Date: ,_,2020 Date: 2020 AAgREwd As To Form And Legality}, Assistant City Attorney ATTEST: TOWN OF NORTHLAKE By: I own Secretary Mayor Anoroved As To Form And Legality: Date: 2020 NOI�T� Assistant City home * o Aim mtwsrrr#1 To AGSEEMEw BErwEEN THE CITY OF S ni, LFTWORTHP CO TowN or NORTHLAKE-PAGE 7 SECRE CITV IX Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. DJ Harrell(May 22,202015:38 CDT) D.J. HARRELL DEVELOPMENT SERVICES DIRECTOR ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature OEI°IGIAL RECORD AMENDMENT#1 TO AGREEMENT BETWEEN THE CITY OF FORT WORTH, TOWN OF NORTHLAKE CITY SECRETARY ET. WORTH,TX EXHIBIT A MAP OF ALL ETJ AREAS SUBJECT TO 1997 JOINT RESOLUTION AND AGREEMENT E 6 2500 0 2500 5000 E — E -rae m nevalrs l__I� m IEAT�ltn1 SCALD 1'=25001 TABULATIONS ETJ Released by Fort Worth to Northlake: E PARCEL 1 - 99.05 ACRES PARCEL 2- 113.00 ACRES PARCEL 3- 2,049.00 ACRES TOTAL- 2,261.05 ACRES F-W.ETJ "L-E ETJ Released by Northlake to Fort Worth: 6 PARCEL 4- 2.85 ACRES E PARCEL 5- 391.00 ACRES PARCELS NCV NORTH" A< Eli B PERINITER-74687.73 FT TOTAL- 393.85 ACRES 99245216 SD FT d 2049 AERE5 d E 01 N 7E► i PARCEL 1 � •,SS PARCEL4 t NEW CTJ BOUNDARY PARCEI.A i! 1Y •�J •A 111 V THIS MAP IS INTENDED AS A GENERAL DEPICTION OF THE EX R:.iE RRITORIAL JURISDICTION OF THE CITY OF FORT WORTH. SPECIFIC DETERMINATION OF INCLUSION SHOULD BE MADE BY THE OEVCLOPMENT DEPARTMENT. PARCELt 'a1S MAP VAS CREATCD SOLCLY AS A GRAPHIC REPRESENTATION FOR INTERNAL USE BY THE CITv OF FORT vORTN. THE CITY pF FOR7 WORTH ASSUMES NO RESPONSIBILITY FOR ITS CON,ENT OR ACCURACY UNLESS EYPRESSLY SIAIED IN WRITING. REPRODUCTION OF THIS MAP WITHOUI THE PRIOR VRITTEN PERMISSION OF INC CITY OF FORT WORTH IS STRICTLY PROHIBITED, AND IS A VIOLATION OF FEDERAL LAW. CONSTRUCTION ENGINEERING DIVISION SURVEY SECTION NEW N❑RTHLAKE ETJ / NEW FT WORTH ETJ Exhibit F DaTE. 5-29-97 SCALE: 1-=2500' DRAWN BY1 SRC FILE NO IG%A-GffI 7 OF 17 EXHIBIT B MAP OF ETJ AREAS ALLOCATED TO NORTHLAKE AND FORT WORTH BY 2020 ETJ ALLOCATION AND TRANSFER AGREEMENT ,....�,....... [�.,�.� �� _I•cam`•. � �' w sesiw ti o f LL O � V � � m � A S yx 3 f z z U s s a t 12 a { T m LL ' EAKIN CELtFtFR'r RD �`' -..- ROBSON pAPJGH RD . ETPXDER R0 ryes. w l OLD JUS"N RD r— �` "i _ e Ilk { Ir m m Z W FM 40f IJ r- t � City of Fort Worth ETJ i PEn Y PL City of Fort Worth SAM LEE LN N 11 wr hr s � 0 2,100 4,200 f - a Feet 1 inch=4,200 feet -- r s` Town of Northlake incorporated Area ETJ Transfer Areas Parcels allocated to Northlake Town of Northlake Extraterritorial Jurisdiction ® Parcels allocated to Fort Worth City of Fort Worth Date:X202020 City of Fort Worth ETJ EXHIBIT C MAP OF CCN AREA TO BE TRANSFERRED(FORT WORTH CORPORATE LIMITS TO BE DISANNEXED AND ETJ RELEASED) r N. '♦ � � � ��•`k a '�'� `-Lek:;' �` � . �+"t �`"�•,�./v �. �` a �,�� : x � //�'" ; - �'��`4�. "•► �e fry,. 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