HomeMy WebLinkAbout(0100) FW and Crowley BAX ordinance BRAUMS final5.21.2021.PDFCITY OF CROWLEY ORDINANCE NO.
CITY OF FORT WORTH ORDINANCE NO.
JOINT ORDINANCE AND BOUNDARY AGREEMENT
WHEREAS, the City of Fort Worth and the City of Crowley have received a request by
Braum's, Inc. for a boundary adjustment to accommodate construction of a new store on a site
currently located within the City of Fort Worth city limits and City of Crowley city limits; and
WHEREAS, the City of Fort Worth (hereinafter called "FORT WORTH") is a home -rule city
located in Tarrant, Wise, Parker, Johnson and Denton Counties; and
WHEREAS, the City of Crowley (hereinafter called "CROWLEY") is a home -rule city located
in Tarrant and Johnson Counties; and
WHEREAS, FORT WORTH and CROWLEY share a common boundary; and
WHEREAS, FORT WORTH and CROWLEY now desire to adjust the boundary between the
two cities to promote orderly development to insure public safety and effective delivery of municipal
services; and
WHEREAS, Section 43.015 of the Texas Local Government Code authorizes adjacent
municipalities to make mutually agreeable changes to their boundaries that are less than 1,000 feet
in width; and
WHEREAS, Section 43.142 of the Texas Local Government Code allows a home -rule
municipality to disannex areas in the municipality in accordance with the rules as may be provided
by its City Charter;
NOW, THEREFORE, BE IT ORDAINED AND MUTUALLY AGREED BY THE CITY
COUNCIL OF THE CITY OF FORT WORTH AND THE CITY COUNCIL OF THE CITY OF
CROWLEY:
SECTION 1
Pursuant to Section 43.015 of the Texas Local Government Code, FORT WORTH and
CROWLEY hereby agree that the boundary between the cities will be adjusted as set out herein so
that 0.341-acres of land located in the John Steele Survey Abstract Number 1381 in the FORT
WORTH city limits, as described and shown in Exhibit "A", and with a width of less than 1,000 feet,
will be located in the city limits of CROWLEY. In accordance with this Joint Ordinance and Boundary
Agreement, FORT WORTH hereby relinquishes the 0.341 acres described in Exhibit "A" to
CROWLEY and disannexes and discontinues such property as part of FORT WORTH city limits. In
accordance with the terms of this Joint Ordinance and Boundary Agreement, the City of Crowley
accepts and annexes 0.341 acres into its city limits as reflected in Exhibit "A" attached and
incorporated herein.
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SECTION 2
It is hereby agreed by FORT WORTH that CROWLEY may provide water service to the
property which is located within FORT WORTH's Certificate of Convenience and Necessity (CCN)
and currently within FORT WORTH's corporate boundaries pursuant to Texas Water Code § 13.255.
It is further agreed that FORT WORTH shall support CROWLEY's request of dual certification to
FORT WORHT and CROWLEY to the Public Utility Commission for this property.
SECTION 3
This ordinance shall be cumulative of all provisions of the ordinances of the City of Crowley
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 FORT WORTH and CROWLEY
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 Crowley and the City of Fort Worth do hereby covenant and agree to protect, preserve
and defend the herein described boundary adjustment.
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The City of Crowley 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.
This joint ordinance and boundary agreement shall become effective and shall become a
binding agreement upon the City of Fort Worth and the City of Crowley by the adoption of same in
regular open city council meetings of the City of Crowley and the City of Fort Worth.
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SECTION 8
The Mayor of each city shall execute this Joint Ordinance and Boundary Agreement, upon
adoption by both cities, in duplicate originals.
PASSED AND APPROVED by the City Council of the City of Fort Worth on this day of
)2021.
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CITY ATTORNEY
ATTEST
CITY SECRETARY
Mayor
ATTEST:
City Secretary
Page 3 of 5
PASSED AND APPROVED by the City Council of the City of Crowley on this day of
, 2021.
APPROVED AS TO FORM AND LEGALITY
CITY ATTORNEY
ATTEST
CITY SECRETARY
Mayor
ATTEST:
City Secretary
Page 4 of 5
EXHIBIT "A"
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