HomeMy WebLinkAboutContract 15651-A1 CITY SECRETARY
CONTRACT NO,
AMENDMENT TO
JOINT RESOLUTION AND AGREEMENT NO. 15651
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 City of Haslet("Haslet") is a general-law city lying and being situated
within the Counties of Tarrant and Denton, 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, in 1987, Haslet and Fort Worth adopted and agreed to Joint Resolution and
Agreement No. 15651, which defined the common boundaries and apportioned the extraterritorial
jurisdiction between Haslet and Fort Worth; and
WHEREAS,on February 15, 2011, the Fort Worth City Council approved Mayor and
Council Communication PZ-2926 and Ordinance No. 19559-02-2011 disannexing certain lands
within its boundaries at the request of the property owner; and
WHEREAS,Haslet and Fort Worth now desire to amend Joint Resolution and
Agreement No. 15651, such that Haslet will release from its exclusive extraterritorial jurisdiction
certain land to be annexed by Fort Worth; and
WHEREAS, Fort Worth will release from its exclusive extraterritorial jurisdiction that
certain property disannexed and described in Mayor and Council Communication PZ-2926 and
Ordinance No. 19559-02-2011 to become the exclusive extraterritorial jurisdiction of Haslet; and
WHEREAS, Haslet and Fort Worth find that the amendment to Joint Resolution 15651
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;
NOW, THEREFORE, BE IT RESOLVED AND MUTUALLY AGREED BY
THE CITY COUNCIL OF THE CITY OF FORT WORTH AND THE CITY COUNCIL
OF THE CITY OF HASLET THAT:
FOFFICIAL RECORD
Y SECRETARY
FT WORTH, TX
09—Joint Resolution and Agreement #15651, Boundary Exchange Agreemen o_ffi`e—LeMT
Development. Pagel
SECTION 1.
The following extraterritorial jurisdiction boundary realignment between Fort Worth and
Haslet 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 Haslet being hereby determined, fixed, and
ratified per this Agreement.
SECTION 2.
Haslet does hereby agree to relinquish to Fort Worth, and Fort Worth hereby accepts into
its extraterritorial jurisdiction all extraterritorial jurisdiction rights which Haslet currently has
within the area shown on the map attached as Exhibit"A" and incorporated herein for all
purposes.
SECTION 3.
Haslet hereby agrees to relinquish and transfer to Fort Worth the water Certificate of
Convenience and Necessity (CCN)to the area shown on the map attached as Exhibit"A" so that
Fort Worth will be the retail provider of water to such area. Fort Worth shall apply to the Texas
Commission on Environmental Quality (TCEQ) for the transfer of this portion of the water CCN
-at Fort Worth's sole cost, and Haslet agrees to support such application to the TCEQ.
SECTION 4.
Fort Worth does hereby agree to relinquish the extraterritorial jurisdiction to Haslet, and
Haslet 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 5.
Fort Worth agrees to relinquish and transfer to Haslet the water CCN to the area shown
on the map attached as Exhibit"B" so that Haslet will be the retail provider of water to such
area. Haslet shall apply to the TCEQ for the transfer of this portion of the water CCN at
Haslet's sole cost, and Fort Worth agrees to support such application to the TCEQ.
SECTION 6.
Fort Worth and Haslet agree that it shall execute all necessary documents for the
transfers of the respective CCNs to the other; and further agree to make all reasonable and
necessary action to support the transfer of the CCN to the other.
09_Joint Resolution and Agreement #15651, Boundary Exchange Agreement for the Letara
Development. Page 2
SECTION 7.
Fort Worth and Haslet agree that the designation under this agreement of areas and
customers to be provided water service is valid and enforceable and may be submitted to the
TCEQ for approval at the appropriate time pursuant to Section 13.248 of the Texas Water Code
regarding contracts designating areas to be served by retail public utilities.
SECTION 8.
Fort Worth and Haslet do hereby covenant and agree to protect, preserve, and defend the
hereinabove described boundary, realignment, and apportionment of extraterritorial jurisdiction.
SECTION 9.
Fort Worth and Haslet 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 10.
This Joint Resolution and Agreement shall become effective and shall become a binding
agreement upon Fort Worth and Haslet by the adoption of same in regular open city council
meetings of Fort Worth and Haslet, and upon execution thereof as prescribed in Section 7 hereof.
SECTION 11.
Fort Worth shall file a copy of this Joint Resolution and Agreement in the Deed Records of
Tarrant County.
PASSED AND APPROVED by the City Council of the City of Haslet on this 22nd day
of February, 2011.
MAYOR,CITY OF HASLET
ATTEST: OFFICIAL RECORD
CITY SECRETARY
IrT. WORThI, TX
ITY SECRETARY, CITY OF HASLET
09—Joint Resolution and Agreement #15651, Boundary Exchange Agreement for the Letara
Development. Page 3
APP ED AS TO FORM AND LEGALITY
4 h,"/
i2IT- YATifORNEY
PASSED AND APPROVED by the City Council of the City of Fort Worth on
this 1 Sk day of Cy-\o_ a." 2011.
MAYOR, CIT FO T WORTH
ATTEST:
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CITY SECRETAIbY, CITY OF FOR ORTH pp* U Coo
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Christa R. eynolds
SR. CITY ATTORNEY
09_Joint Resolution and Agreement #15651, Boundary Exchange Agreement for the Letara
Development. Page 4
HASLET ETJ TO BE RELEASED TO
FORT WORTH (57.06 ACRES DENTON COUNTY
TAftRANT COUNTY
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Page 1 of 2
City of Fort Worth,. Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/112011
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DATE: Tuesday, March 01, 2011 REFERENCE NO.: PZ-2929
LOG NAME: 065030 HASLET AGREEMENTS
SUBJECT:
Adopt Amendment to the Joint Resolution and Agreement City Secretary Contract No. 15651 with the City
of Haslet to Adjust the Extraterritorial Jurisdiction Boundary, Termination of City Secretary Contract Nos.
17674, 32226, and 33616, and Authorize Execution of an Interlocal Agreement Between the Cities of Fort
Worth and Haslet and the Trinity River Authority for Construction of Certain Wastewater Collection Mains
and the Transportation of Wastewater (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached Amendment to Joint Resolution and Agreement No. 15651 with the City of Haslet
whereby the Cities of Fort Worth and Haslet mutually agree on a realignment of the extraterritorial
jurisdiction boundary;
2. Authorize the Mayor to execute the attached Amendment to Joint Resolution and Agreement No.
15651;
3. Terminate the interlocal agreement between the Cities of Fort Worth and Haslet and the Trinity River
Authority for construction of the LeTara sanitary sewer main (City Secretary Contract No. 17674);
4. Terminate community facilities agreement and amendment with Westwood Group Development No. I,
L.P., A Texas Limited Partnership by Westwood Group Development, LLC, its General Partner, for
construction of water and sewer services to serve Le Tara Addition (City Secretary Contract No. 32226
and 33616); and
5. Authorize execution of an interlocal agreement between the Cities of Fort Worth and Haslet and the
Trinity River Authority for construction of certain wastewater collection mains and the transportation of
wastewater.
DISCUSSION:
In order to promote orderly growth and development, the City of Fort Worth and the City of Haslet=wish to
realign their extraterritorial jurisdiction 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 166 acres within
the extraterritorial jurisdiction of the City of Fort Worth to Haslet. In return, Haslet would relinquish
approximately 57 acres of their existing extra t rritorial jurisdiction to Fort Worth, The agreement t °g ill
benefit citizens of both cifies and will cif-a t planning leter ,"tom and the provision of se n'ti
The 68 aces that Fort Worth will release ts Haslet was dI s �n xe by Mayor& Council orruricati
os�
X2 a t 3 extraterritorial ", � � 1, t�,
a:`g <��-,r � �`rs�r�` �" �"� _. �$"� City's Jurisdiction, d t' be a
residential community, Le Tara Addition, The subdivision currently spans both Fort Worth and Hasler's
http-/,/apps.ctwnet.org/ecouiiciliprintmc.asp"id= 4777&yprint=true&:Doc ype=Print 31129/22 0 11
Page 20f2
extraterritorial jurisdictions. The 8xt[8t8[htOh8(juhSdiCdnD realignment will 8UOvv this r8Sid8Od8| corDrnUDib/
to develop entirely iDHasket's jurisdiction. The 57 acres that Haslet will release from is extraterritorial
jurisdiction to Fort Worth's 8xtn3tenitOho(jurisdiction i3 immediately adjacent to the Alliance Westport
Addition and will develop 8S industrial property iO the future.
When City Secretary Contract NOS. 17874 . 32226 and 33818 were executed, the Le Tara Addition was
within the City of Fort Worth's corporate limits and the City ofH8s|et'sextraterritorial jurisdiction. Since the
L8 T8[8 Addition will now be within H8S(et'S jurisdiction, staff iS neCO[nnl8OdiOg the termination of the
community facilities agreement and amendment (City Secretary Contract Nos. 3222O and 33O18) between
Westwood Group Development LLC and the City of Fort Worth, and the termination of the original
iDt8[(OCo( 8A[88Dl8Dt(City Secretary Contract NO. 17074). between Fort VVOdh, Hos(8L and the Trinity
River Authority (TRA).
The new int8dOC8( agreement allows either city to take the initiative to construct the vvostevv80er collection
mains os triggered by developments in either city. The iOter(Vc8( agreement also moves the proposed
(oCohOns of the future TRA meters t0 the new Fort Worth oib/ limit line. /\ddid0n8|(y. the |Ot8dOC8(
agreement will adjust the future o8p8Citv percentage of the TRA vvost8vv8ter CO((8(tion main per the
acreage adjustment being served iO Fort Worth and Haslet. This int8[(Oo8( agreement is consistent with
the City's Wastewater Master Plan and promotes the cooperation between two cities in the orderly
provision of sewer service to the onao. Staff considers this inter|oco( agreement to be reasonable and
recommends approval.
The iOter(oo8( agreement affects infrastructure in COUNCIL DISTRICT 7.
FISCAL INFORMATION I_
CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
___________________________________________________ _____
FUND '
Submitted for Citv Manaaer's Office by-:-CERTIFICATION-S:
Fernando Costa (8122)
Randle Harwood (8101)
Originating De Frank Crumb (8207)
Allison Gray (8030)
Additional Information Contact: VVendyChi-Babuka| /8242\
ATTACHKNENTS
1, A-UachmeA1/\-HaB|etETJRe/eGsed,pdf (Public)
2, AttachrnentB,P[JF (Public)
1 Exhibit A with S|Dpes8%11,pdf 'Public)
4, Exhibit B1 & B2 October 2D10.pdf (Public)
5. Haslet- Ft Worth Joint Resolution F|MAL.doU (Public)
8. TRA3paMYAoreement01211i,pdf (Public)
http-//&pp8.ofNviimt.0r�plecOnuoil/priotOuo.amp?ld=\4777&7pcint=bne&,DooTypc=Priut 31,79/2011