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HomeMy WebLinkAboutResolution 4012-07-2011A Resolution NO. 4012 -07 -2011 JOINT RESOLUTION AND INTERLOCAL AGREEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE COUNTY OF TARRANT § 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, Denton, and Wise, State of Texas, with a population of more than one hundred thousand (100,000) and an extraterritorial jurisdiction (ETJ) of five (5) miles; and WHEREAS, the Town of Northlake ( "Northlake ") is a general -law city lying and being situated within the Denton County, State of Texas, with a population fewer than five thousand (5,000) inhabitants and an extraterritorial jurisdiction limit of one -half (1/2) mile; and WHEREAS Northlake 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 Northlake 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 Fort Worth and Northlake 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 Northlake, and Northlake will relinquish to Fort Worth its exclusive ETJ rights to certain land to be relinquished to and become part of the ETJ of Fort Worth; and WHEREAS it is in the best interest of both Fort Worth and Northlake that certain and exclusive 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 TOWN COUNCIL OF THE TOWN OF NORTHLAKE THAT: RESOLUTION INTERLOCAL AGREEMENT Page 1 SECTION 1. The following extraterritorial jurisdiction boundary realignment between Fort Worth and Northlake as herein described is in the best interests of the property owners and inhabitants of both cities with the common extraterritorial jurisdiction boundary line and apportionment of extraterritorial jurisdiction between Fort Worth and Northlake being hereby determined, fixed, and ratified per this Agreement. SECTION 2. Northlake does hereby agree to relinquish to Fort Worth, and Fort Worth hereby accepts into its extraterritorial jurisdiction all extraterritorial jurisdiction rights which Northlake currently has within the area shown on the map attached as Exhibit "A" and incorporated herein for all purposes. SECTION 3. Fort Worth does hereby agree to relinquish the extraterritorial jurisdiction to Northlake, and Northlake accepts into its extraterritorial jurisdiction all extraterritorial jurisdiction rights Fort Worth currently has within the area indicated on the map attached hereto as Exhibit "B ". SECTION 4. Fort Worth and Northlake do hereby covenant and agree to protect, preserve, and defend the hereinabove described boundary, realignment, and apportionment of extraterritorial jurisdiction. SECTION 5. Fort Worth and Northlake 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 6. This Joint Resolution and Agreement shall become effective and shall become a binding agreement upon Fort Worth and Northlake by the adoption of same in regular open city council meetings of Fort Worth and Northlake, and upon execution thereof as prescribed in Section 7 hereof. RESOLUTION INTERLOCAL AGREEMENT Page 2 SECTION 7. Fort Worth shall file a copy of this Joint Resolution and Agreement in the Deed Records of Tarrant County. Northlake shall file a copy of this Joint Resolution and Agreement in the Deed Records of Denton County. PASSED AND APPROVED e wn Council of the Town of Northlake on this day of 2011. MAYOR, TOWN OF PJORTHLAKE PASSED AND APPROVED by this a 6 `N" day of City Council of the City of Fort Worth on k �_14 2011. MA FORT WORTH ATTEST: APPROVED ITY SECRETAR C TY OF FORT W RTH CITY COUNCIL JUL 2 6 2011 APPROVED AS TO FORM AND LEGALITY City Secretary of the City of Fort Worth. Texas CITY AXIORNEY RESOLUTION INTERLOCAL AGREEMENT Page 3 Exhibit A: Northlake ETJ to Fort Worth ETJ Boundary Adjustment [III 27, f -1 RC-MM-1 6 A -0- Ml M L L: 4% LL 900 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/26/2011 Resolutlon_No. 4012 -07- 2011 DATE: Tuesday, July 26, 2011 LOG NAME: 065030 NORTHLAKE AGREEMENT REFERENCE NO.: PZ -2946 SUBJECT: Adopt Amendment to the Joint Resolution and Agreement City Secretary Contract No. 23202 with the Town of Northlake to Adjust the Extraterritorial Jurisdiction Boundaries (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council adopt the amendment to Joint Resolution and Agreement No. 23202 with the Town of Northlake whereby the City of Fort Worth and Town of Northlake mutually agree on a realignment of their extraterritorial jurisdiction boundaries. DISCUSSION: In order to promote orderly growth and development, the City of Fort Worth and the Town of Northlake (Northlake) wish to realign their extraterritorial jurisdiction (ETJ) boundaries. Chapter 43, Section 43.021, of the Texas Local Government Code, authorizes adjacent municipalities to make mutually agreeable changes in their boundaries. Under the proposed Agreement, Fort Worth would relinquish approximately 919 acres within the ETJ of the City of Fort Worth to Northlake. In return, the Town of Northlake would relinquish approximately 853 acres of their existing ETJ to Fort Worth. The Agreement will benefit citizens of both cities and will facilitate orderly growth and the provision of services. The boundary adjustment will place the 2,598 -acre Tradition planned development entirely within the ETJ of Fort Worth. The 853 acres that Northlake will release from its ETJ to Fort Worth's ETJ is immediately adjacent to Fort Worth's existing ETJ and is likely to develop as single family residential in the future. The subject ETJ is located north of COUNCIL DISTRICT 2. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund /Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund /Account/Centers Fernando Costa (6122) Randle Harwood (6101) Beth Knight (8190) Logname: 065030 NORTHLAKE AGREEMENT Page 1 of 1