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Home My WebLink AboutResolution 5425-06-2021 RESOLUTION NO. 5425-06-2021 RESOLUTION NO. 21-13 JOINT RESOLUTION OF THE TOWN OF NORTHLAKE, TEXAS AND THE CITY OF FORT WORTH, TEXAS TRANSFERRING ETJ BETWEEN THE MUNICIPALITIES; PROVIDING FOR OFFICIAL MAP ADJUSTMENTS; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR RECORDATION Whereas, the City of Fort Worth ("Fort Worth") is a home rule municipality organized under the constitution and laws of the State of Texas; and Whereas, the Town of Northlake ("Northlake") is a home rule municipality organized under the constitution and laws of the State of Texas; and Whereas, Fort Worth and Northlake entered into that certain interlocal agreement providing for the allocation and transfer of extraterritorial jurisdiction, encompassing 11 parcels (the "2020 ETJ Agreement"); and Whereas, Fort Worth and Northlake amended the 2020 ETJ Agreement (the "First Amendment") in order to conform the allocation and transfer for extraterritorial jurisdiction to the terms of a Settlement Agreement between and among Northlake, Fort Worth and the City of Justin, Texas, and; Whereas, the ETJ territory to be transferred between Fort Worth and Northlake now encompasses 10 parcels, as reconfigured and depicted on Exhibit 1, attached hereto and made a part hereof by reference; and Whereas, the depictions and legal descriptions of each of the parcels shown on Exhibit 1 are contained in the 2020 ETJ Agreement as amended,which are incorporated herein by reference; and Whereas, the 2020 ETJ Agreement, as amended, provides for the exchange of extraterritorial jurisdiction ("ETJ") between Fort Worth and Northlake following Northlake's passage of an ordinance declaring the number of inhabitants within the Town to be more than 5,000 persons; and Whereas, Northlake adopted Ordinance No. 21-0429 on April 29, 2021, declaring the number of inhabitants within the Town to be more than 5,000 persons, and thereby extending its ETJ a distance of one mile from its corporate limits pursuant to Tex. Loc. Gov't Code section 42.023(a); and Whereas, Fort Worth and Northlake have authority under the laws of Texas to enter into agreements for the allocation and transfer of extraterritorial jurisdiction between one another and to so adjust their boundaries, for the exclusive benefit of one another; and 1 Whereas, it is the intent of Fort Worth and Northlake to limit such exchanges of territory to areas that are located within the distances prescribed for the extraterritorial jurisdiction of each municipality by Tex. Loc. Gov't Code section 42.021; and Whereas, the City Council of Fort Worth hereby finds and the Town Council of Northlake hereby affirms that the ETJ areas hereinafter described,to be reduced and transferred from the ETJ of Fort Worth exclusively to the ETJ of Northlake, lie within one mile of Northlake's current corporate limits; and Whereas, the Town Council of Northlake finds and the City Council of Fort Worth affirms that the ETJ area hereinafter described, to be reduced and transferred from the ETJ of Northlake exclusively to the ETJ of Fort Worth lies within five miles of Fort Worth's current corporate limits; and Whereas, the transfer of ETJ between Fort Worth and Northlake by this Joint Resolution is in the best interests of each municipality, its citizens and property owners. NOW THEREFORE be it be resolved by the City Council of Fort Worth and the Town Council of Northlake that: SECTION 1. The above recitals are incorporated herein by reference and made a part of this joint resolution as if fully set forth. SECTION 2. Fort Worth hereby reduces its extraterritorial jurisdiction for the exclusive benefit of Northlake over the following described parcels and Northlake hereby expands it ETJ to include the following described parcels depicted on Exhibit 2, which is attached hereto and incorporated herein by reference, being: a. All of parcel 1 A; b. All of parcel 2; C. That portion of parcel 3B located within one mile of the corporate limits of Northlake; d. That portion of parcel 7 located within one mile of the corporate limits of Northlake; e. All of parcel 8; and f. All of parcel 9. SECTION 3. Northlake hereby reduces its extraterritorial jurisdiction for the exclusive benefit of Fort Worth over parcel 11 as depicted on Exhibit 2, and Fort Worth hereby expands its ETJ to include parcel 11. SECTION 4. Fort Worth and Northlake each shall adjust their extraterritorial boundaries to reflect the exchange of territory prescribed by Sections 2 and 3 of this Joint Resolution in the manner provided by law. SECTION 5. The effective date of this Joint Resolution shall be the date that the last municipality adopts it. 2 SECTION 6. In the event that any one or more of the sections. SLibseC6011S, pr01 loons, clauses or words of this Agreement or the application Ol' such WCIiOIIS. subsections, prop v iom" clauses or words to any situation Or CIrCLInlStLIIlCC shall be, or.,,houId be held to be, for any reasoll, illVillid Or t nconstilUtiOnill, under the laws or constitutions Of the State of Texas or the United States Of America, or in Contravellti011 01 Mly SUCK laws or constittili011S, SLICK ilMilidity. unconstitutionality or contravention shall not affect Lilly Other 1CCltotlS, Subsections, provisions, clauses or words of this Agreement Or the application of such sections, subsections, provisions, clauscS or words to any OtI1Cl SitLiilti011 01' Cil'CLIDISUIVICCS, told it is intended that this Agreement shall he severable and shall he construed and applied as if any such invalid or unconstitutional section, SubSection, provision, clause or word had not been included hC1'Cill, gild the rights and obligations of the Parties hereto shall be construed and remain in lorce accordingly. Should any portion of the Brea transferred to Northlake's ETJ by this Joint Resolution be already Itnvfully within the ETJ of Northlake, the transfer of ETJ from Fort Worth to Northlake pursuant to this A`,reement shall he deemed to cxclLldc such tu-ea and to apply Solely to the remaining area so transferred. SECTION 7. A copy of this Joint Resolution shall be filed in the property records of Denton and Tarrant Counties. PASSED AND APPROVED BY THE Town Council of Northlake on this the 13th day of May, 2021, �0 ayo Tow orthlake A Tj� Town Secretary own Qf N4thlake PASSED AND APPROVED BY THE City Council of F ort Worth on this thedaklay of 20Q I . 1411 Mayor,City of Fort Worth ST: 0 / a2el,SORT ?PROVE1 AS L AND LEGALITY: cretary,City of Fort MU 3qv TEX m LL EN{IN GEIJETERY RD �N P`;4 ROdSCN RANCH RD STRADER RD w W OLD JUSTtN RD x — O 7 ri �Ji. p�I d 2 m z . g w FM d47 it U F�JJ)J I City of Fort Worth ETJ 31B PETTY PL City of Fort Worth SAM LEE LN N 1A *mw -- WF _ 9 s 0 2,100 4,200 O Feet 1 inch=4,200 feet 'Jim _ _ _ Lt• .'�,tti, . Exhibit i to Joint Resolution of Town of Northlake Incorporated Area Northlake and Fort Worth Transferring ETJ ® Parcels allocated to Northlake Town of Northlake ETJ Parcels allocated to Fort Worth City of Fort Worth Date:5162021 City of Fort Worth ETJ IN CEMETERY RD � *tt ROU!:r5rj RANCH RD M1 I STRApER RD - r � sAr - OLD JUSTIN RD F 14, LAI µ � I} 5 O y' - O I � 5 — I U I I FM r»1 'a City of Fort Worth ETJ 3B 3 11 PETTY PL City of Fort Worth SAM L#E,LN 1A S J 0 2,100 4,200 OFeel 1 Inch=4,200 feet Exhibit 2 to Joint Resolution of Town of Northlake Incorporated Area Northlake and Fort Worth Transferring ETJ City of Fort worth Town of Northlake ETJ City of Fort Worth ETJ Areas transferred to Northlake ETJ Fort Worth Reserved Area Dete:5/72021 Areas Transferred to Fort Worth ETJ