HomeMy WebLinkAbout2021/03/23-Attachments-Joint Ord - FW-NFV ETJ Agreement.2.8.21FINAL.PDFCITY OF FORT WORTH ORDINANCE NO.
CITY OF NEW FAIRVIEW ORDINANCE NO.
JOINT ORDINANCE AND BOUNDARY AGREEMENT
WHEREAS, the City of New Fairview (hereinafter called "NEW FAIRVIEW") is
a Type A general law city located in Wise and Denton Counties; and
WHEREAS, the City of Fort Worth (hereinafter called "FORT WORTH") is a
home rule city located in Tarrant, Wise, Parker and Denton Counties; and
WHEREAS, NEW FAIRVIEW and FORT WORTH share an extraterritorial
jurisdiction ("ETJ') boundary; and
WHEREAS, NEW FAIRVIEW and FORT WORTH desire to adjust the boundary
between the ETJ of the two cities to promote orderly development to ensure public
safety and effective delivery of municipal services; and
WHEREAS, Section 42.023 of the Texas Local Government Code authorizes a
municipality to reduce its ETJ by ordinance approved by its governing body; and
WHEREAS, Section 42.022 of the Texas Local Government Code authorizes a
municipality to expand its ETJ beyond the distance limitations in Section 42.021 if the
owners of the area of expansion request the expansion.
NOW, THEREFORE, BE IT ORDAINED AND MUTUALLY AGREED BY THE
CITY COUNCIL OF THE CITY OF NEW FAIRVIEW AND THE CITY COUNCIL OF
THE CITY OF FORT WORTH:
SECTION 1.
Pursuant to Section 42.023 of the Texas Local Government Code, FORT
WORTH agrees to release and hereby releases the 179.779 acre tract located in FORT
WORTH's ETJ, as described and shown in Exhibit "A", for the benefit of NEW
FAIRVIEW.
I. "11167â–ºllpi
Pursuant to Section 42.022 of the Texas Local Government Code, NEW
FAIRVIEW has received a request, attached as Exhibit "B", from the owners of the
179.779 acre tract described and shown in Exhibit "A" that NEW FAIRVIEW's ETJ be
expanded to include said tract. NEW FAIRVIEW approves the request and hereby
accepts this tract into its ETJ and expands its ETJ to include the 179.779 acre tract
described and shown in Exhibit "A."
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SECTION 3.
This ordinance shall be cumulative of all provisions of the ordinances of the City
of New Fairview and the City of Fort Worth, except where the provisions of this
ordinance are in direct conflict with the provisions of such ordinances, in which event
the conflicting provisions of such ordinances are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Councils of New Fairview and
Fort Worth that the phrases, clauses, sentences, paragraphs, and sections of this
ordinance are severable, and if any phrase, clause, sentence, paragraph or section of
this ordinance shall be declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance,
since the same would have been enacted without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5.
The City of New Fairview and the City of Fort Worth do hereby covenant and
agree to protect, preserve and defend the herein described boundary adjustments.
SECTION 6.
The City of New Fairview and the City of Fort Worth agree and ordain that the
adoption by both cities of this Joint Ordinance and Boundary Agreement, and the
boundary change resulting from this Agreement do 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, attempted annexations or extraterritorial jurisdiction claims
made by the other party.
SECTION 7.
This joint ordinance and boundary agreement shall become effective and shall
become a binding agreement upon the City of New Fairview and the City of Fort Worth
by the adoption of same in regular open city council meetings of the City of New
Fairview and the City of Fort Worth.
SECTION 8.
The Mayor of each city shall execute this Joint Ordinance and Boundary
Agreement, upon adoption by both cities, in duplicate originals.
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PASSED AND APPROVED by the City Council of the City of Fort Worth on this
day of , 2021.
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Sr. Assistant City Attorney
ATTEST:
Mary Kayser, City Secretary
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PASSED AND APPROVED by the City Council of the City of New Fairview on
this day of 12021.
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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