HomeMy WebLinkAboutResolution 5287-10-2020 RESOLUTION NO.5287-10-2020
AUTHORIZING THE CITY ATTORNEY TO INTERVENE
IN THE LAWSUIT TOWN OF NORTHLAKE V. CITY OF JUSTIN, 18-0651
TO SUE THE TOWN OF JUSTIN
WHEREAS, In 1997 and 2011 Fort Worth and the Town of Northlake ("Northlake")
entered into several agreements to allocate and define extraterritorial jurisdiction (ETJ")
between the two cities;
WHEREAS, In 2015, Northlake filed suit against Justin and Justin countersued;
WHEREAS, In 2020, Fort Worth and Northlake entered into two agreements in part
to reaffirm the ETJ allocations in the 1997 and 2011 agreements;
WHEREAS, In 1992, Justin and Fort Worth entered into the 1992 Joint Resolution
and Agreement Number 1842 that was a boundary agreement between the parties and
provided a boundary that neither party could cross; and
WHEREAS, Justin is incorrectly claiming its ETJ now extends into portions of Fort
Worth's ETJ, land that is allocated to Northlake under 2020 agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
The City Attorney is authorized and directed to intervene in the lawsuit Town of Northlake v. City of
Justin, 18-0651 and take all necessary legal action to defend Fort Worth's territory and prosecute any
violation of the 1992 agreement.
Adopted this 20th day of October 2020.
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ATTEST: �QF.Fh')'�
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By: for Ronald P_Gonzales(Oct 23,202010:11 CDT)
Mary Kayser, City Secretary
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COPYRIGHT 2020 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS.
0 0.25 0.5 1 Miles 1:60,000 W _ E THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY. THE ACCURACY IS NOT TO BE TAKEN/
USED AS DATA PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LAND SURVEYOR.
1 I 1 I S THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA.
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 10/20/20 M&C FILE NUMBER: M&C 20-0740
LOG NAME: 12JUSTIN LAWSUIT-2020
SUBJECT
(CD 7)Authorization for the City Attorney to Intervene in the Pending Litigation Town of Northlake v. City of Justin 18-0651 to Sue the Town of
Justin
RECOMMENDATION:
It is recommended that the City intervene in Town of Northlake v. City of Justin, Denton County Case Number 18-0651,sue the Town of Justin and
adopt the attach resolution authorizing such action.
DISCUSSION:
On April 7,2020, Council approved agreements with Northlake intended to reaffirm the cities' 1997 land-swap deal to facilitate the Texas Motor
Speedway and to terminate a revenue-sharing provision.The 1997 agreement is being litigated by Northlake and Justin and has recently been
remanded to the Denton County district court.
Justin is incorrectly claiming its ETJ now extends into portions of Fort Worth's ETJ.The subject land is allocated to Northlake under the 2020
agreement.Furthermore,Justin's actions violate an agreement between Fort Worth and Justin. In 1992,Justin and Fort Worth signed the 1992
Joint Resolution and Agreement Number 1842, a boundary agreement between the two parties,wherein Justin agreed that its ETJ would not be
expanded by reason of its annexations beyond the agreed ETJ boundary between the two cities.Simply,this agreement sets a boundary that
neither party may cross.The attached map shows Fort Worth ETJ that Justin is claiming or has annexed and the ETJ boundary defined in the 1992
agreement.
Demand has been made for Justin to abide by the boundary and terms set forth in the 1992 agreement.Specifically,the City demanded that
annexations that were done in violation of the agreement must be rescinded and Justin must cease claiming Fort Worth's ETJ. Justin has not
responded to the demand.
Suing the Town of Justin in the pending litigation between Northlake and Justin is efficient because the current litigation involves common facts and
disputes.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION 1 CERTIFICATION:
The Director of Finance certifies that approval of these recommendations will have no material effect on City funds.
Submitted for City Manager's Office by: ALL ACMs 6222
Originating Business Unit Head: Sarah Fullenwider 7623
Additional Information Contact: Sarah Fullenwider 7623