HomeMy WebLinkAbout6254-01-2026 - City Council - ResolutionM 3�Y1]511 no) L,I
NO. 6254-01-2026
AUTHORIZING THE CITY ATTORNEY TO JOIN THE CITY OF
ALEDO IN FILING SUIT AGAINST THE CITY OF WILLOW
PARK IN DISTRICT COURT IN PARKER COUNTY, TEXAS TO
SEEK A DECLARATION THAT CERTAIN ANNEXATIONS BY
WILLOW PARK WERE UNLAWFUL AND VOID AB INITIO
WHEREAS, the City of Willow Park violated various substantive requirements in
attempting to exercise its annexation power under Chapter 43 of the Texas Local
Government Code; and
WHEREAS, the City of Willow Park failed to comply with applicable annexation laws
when it purported to pass a series of ordinances attempting to expand its extraterritorial
jurisdiction ("ETJ") and annex various tracts of land extending the eastern border of its ETJ from the
intersection of Bankhead Highway and Nu Energy Drive to FM 1187; and
WHEREAS, the entirety of this purported acquisition is wholly outside of Willow Park's
ETJ; specifically, the northern portion of the Bankhead right-of-way is located within Fort
Worth's ETJ and the southern portion of the Bankhead right-of-way is located within Aledo's ETJ
and corporate city limits; and
WHEREAS, in adopting the ordinances that purported to expand Willow Park's ETJ,
annex Bankhead Highway, and ultimately annex the Beall Property adjacent to Bankhead
Highway, Willow Park unlawfully attempted to acquire territory already held by other
municipalities, including Fort Worth; and
WHEREAS, the City of Fort Worth should join the City of Aledo in filing the lawsuit to
protect its own interests.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, THAT:
The City Attorney is authorized to join the City of Aledo in filing suit against the City of
Willow Park in District Court in Parker County, Texas and is further authorized to issue direct
payment or reimbursement of the fees associated with filing and prosecuting the lawsuit.
Adopted this 27Tth day of January 2026.
ATTEST:
By:
Jannette S. Goodall, City Secretary
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 01/27/26 M&C FILE NUMBER: M&C 26-0065
LOG NAME: 12ALEDO V. WILLOW PARK LAWSUIT
SUBJECT
(ALL) Adopt Resolution Authorizing the City Attorney to Join the City of Aledo in Filing Suit Against the City of Willow Park in District Court in
Parker County, Texas for Illegal Annexation
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution authorizing the City Attorney to join the City of Aledo in filing suit against the
City of Willow Park in District Court in Parker County, Texas
DISCUSSION:
The City of Aledo, Texas is planning to file suit against the City of Willow Park, Texas alleging numerous abuses of Texas annexation law. Aledo
contends that Willow Park violated various substantive requirements in attempting to exercise its annexation power under Chapter 43 of the Texas
Local Government Code. Specifically, the lawsuit will allege that Willow Park failed to comply with applicable annexation law when it purported to
pass a series of ordinances attempting to expand its extraterritorial jurisdiction (ETJ) and annex various tracts of land. The annexations at issue
involve Willow Park's attempt to extend the eastern border of its ETJ from the intersection of Bankhead Highway and Nu Energy Drive to Farm -to -
Market 1187.
The entirety of this purported annexation is wholly outside of Willow Park's ETJ. Importantly, the northern portion of the Bankhead right-of-way is
located within Fort Worth's ETJ and the southern portion of the Bankhead right-of-way is located within Aledo's ETJ and corporate city limits.
Therefore, in adopting the ordinances that purported to expand Willow Park's ETJ, annex Bankhead Highway, and ultimately annex the Beall
Property adjacent to Bankhead Highway, Willow Park unlawfully attempted to annex territory already held by other municipalities, including Fort
Worth. As a result, Aledo intends to file suit seeking a declaration from the Court that the annexations at issue were unlawful and void. It is
recommended that Fort Worth join Aledo in filing this lawsuit against Willow Park to protect its own interests.
The filing fees are expected to be less than $2,500.00. Funding is budgeted in the Lawsuit Expenses account within the Risk Financing Fund
for the Financial Management Services Department. It is recommended that the City Council authorize the direct payment or reimbursement of the
fees associated with this lawsuit.
A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously
appropriated, in the Risk Financing Fund. Prior to an expenditure being incurred, the Financial Management Services and City Attorney
Departments have the responsibility of verifying the availability of funds.
Submitted for Citv Manaaer's Office bv: ALL ACMs 6122
Oriainatina Business Unit Head: Leann Guzman 8973
Additional Information Contact: Leann Guzman 8973