HomeMy WebLinkAboutOrdinance 26302-06-2023CITY OF FORT WORTH ORDINANCE NO. Q66ba -Mv - Q093
CITY OF BURLESON ORDINANCE NO. C50#5114-06-2023
JOINT ORDINANCE AND BOUNDARY AGREEMENT
WHEREAS, the City of Burleson (hereinafter called "BURLESON") is a home
rule city located in Tarrant and Johnson Counties; 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, FORT WORTH shares extraterritorial jurisdiction ("ETJ")
boundaries with BURLESON; and
WHEREAS, BURLESON has approached FORT WORTH regarding a large
tract of land located within FORT WORTH's ETJ (the "Animal Pancakes Tract")
(depicted on Exhibit "A") with a corridor improvement plan, and with a request that
FORT WORTH release its ETJ within the Animal Pancakes Tract to BURLESON; and
WHEREAS, FORT WORTH agrees that it would promote orderly development
to release the 130.446 acres of the Animal Pancakes Tract located in its current ETJ
to BURLESON; and
WHEREAS, BURLESON agrees to accept the Animal Pancakes Tract that
FORT WORTH will release from its ETJ; and
WHEREAS, FORT WORTH and BURLESON 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 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.
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 BURLESON:
SECTION 1.
Pursuant to Sections 42.023 and 43.015 of the Texas Local Government Code,
FORT WORTH agrees to release and hereby releases the 130.446 acre Animal
Pancakes Tract located in FORT WORTH's ETJ, as depicted and described in Exhibit
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"A", for the sole benefit of BURLESON, and BURLESON hereby agrees to accept the
tract into its ETJ.
SECTION 2.
This ordinance shall be cumulative of all provisions of the ordinances of the
Cities of BURLESON and 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 BURLESON 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 4.
The Cities of BURLESON and FORT WORTH do hereby covenant and agree
to protect, preserve and defend the herein described boundary adjustments. Should
any other municipality successfully claim a superior right to the ETJ relinquished herein
by FORT WORTH, the relinquishment shall be null and void.
SECTION S.
The Cities of BURLESON and 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 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, 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 Cities of BURLESON and FORT WORTH by
the adoption of same in regular open city council meetings of the Cities of BURLESON
and FORT WORTH.
SECTION 7.
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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 Coun 'I of the City of Fort Worth on this
ay of S�2 , 2023.
Mayo
APPROVED A ORM:
Assistant City Attorney
ATTEST:
0 k=l= � &XXL2&-U
ity Secretary
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PASSED AND APPROVED by the City Council of the City of Burleson on this
-5-4y of 7, LAA e _ 2023.
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•1 Burleson
ATTEST13
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Amanda Camp s, City Secretary TFz'AS
APPROVEDVS TO FORM:
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City Attorney
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Page 4 of 6
EXHIBIT A
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DENNIS DYKES SURVEY
ABSTRACT NO. 229
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