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HomeMy WebLinkAbout(0330) 2021 Joint Ordinance-Boundary Agreement 6.17 rev.pdfCITY OF FORT WORTH ORDINANCE NO. CITY OF ALEDO ORDINANCE NO. JOINT ORDINANCE AND BOUNDARY AGREEMENT WHEREAS, the City of Aledo (hereinafter called "ALEDO") is a Type A general law city located in Parker County; 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, ALEDO and FORT WORTH share an extraterritorial jurisdiction ("ETJ") boundary; and WHEREAS, ALEDO 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, Aledo has estimated its inhabitants at greater than 5,000 and has an ETJ of one mile. NOW, THEREFORE, BE IT ORDAINED AND MUTUALLY AGREED BY THE CITY COUNCIL OF THE CITY OF ALEDO AND THE CITY COUNCIL OF THE CITY OF FORT WORTH: Mx910161051 Pursuant to Section 42.023 of the Texas Local Government Code, FORT WORTH agrees to release and hereby releases the 228-acre tract located in FORT WORTH's ETJ, as described and shown in Exhibit "A", for the sole benefit of ALEDO, and ALEDO hereby agrees to accept the tract into its ETJ. SECTION 2. This ordinance shall be cumulative of all provisions of the ordinances of the City of Aledo 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with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.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 3. It is hereby declared to be the intention of the City Councils of Aledo 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 C:\Users\GarciaP\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\K5KM4CH2\2021 Joint Ordinance -Boundary Agreement 6.17 rev.docx Page 1 of 4 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 4. The City of Aledo and the City of Fort Worth do hereby covenant and agree to protect, preserve and defend the herein described boundary adjustments. SECTION 5. The City of Aledo 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 6. This Joint Ordinance and Boundary Agreement shall become effective and shall become a binding agreement upon the City of Aledo and the City of Fort Worth by the adoption of same in regular open city council meetings of the City of Aledo and the City of Fort Worth. 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. Mayor APPROVED AS TO FORM AND LEGALITY: Melinda Ramos Sr. Assistant City Attorney C:\Users\GarciaP\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\K5KM4CH2\2021 Joint Ordinance -Boundary Agreement 6.17 rev.docx Page 2 of 4 ATTEST: Mary Kayser, City Secretary C:\Users\GarciaP\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\K5KM4CH2\2021 Joint Ordinance -Boundary Agreement 6.17 rev.docx Page 3 of 4 PASSED AND APPROVED by the City Council of the City of Aledo on this day of , 2021. Mayor ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney C:\Users\GarciaP\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\K5KM4CH2\2021 Joint Ordinance -Boundary Agreement 6.17 rev.docx Page 4 of 4