HomeMy WebLinkAboutResolution 4504-08-2015 Resolution
NO.4504-08-2015
RATIFYING THE LAWSUIT ENTITLED CITY OF FORT WORTH V. TOWN OF
LAKESIDE, CAUSE NO. 141-280413-15, 141ST DISTRICT COURT,
TARRANT COUNTY, TEXAS
WHEREAS, in 1971 the City of Fort Worth and the Town of Lakeside entered into a joint
resolution establishing a mutual common boundary line; and
WHEREAS, this joint resolution provided that the Town of Lakeside relinquished to the City of
Fort Worth all extraterritorial jurisdictional rights it may have had in property outside of the area
circumscribed by the mutual common boundary line; and
WHEREAS, on June 4, 2015, the Town of Lakeside annexed Rankin Road and Silver Creek
Road; and
WHEREAS, on June 22, 2015, the Town of Lakeside publicly noticed that it would annex two
parcels of property, a 119.262-acre tract east of Lakeside bisected by Highway 199 and a 74.785-acre
triangular-shaped tract north of Lakeside and west of Highway 199, in August of 2015; and
WHEREAS, each of the above parcels annexed or noticed for annexation by the Town of
Lakeside lies outside of the area circumscribed by the mutual common boundary line established by the
1971 joint resolution and is therefore within the exclusive extraterritorial jurisdiction of the City of Fort
Worth; and
WHEREAS, the town of Lakeside may not annex property within the extraterritorial jurisdiction
of another City; and
WHEREAS, the City of Lakeside scheduled two public hearings and annexation for the above
parcels on August 13, 2015 but rescheduled the agenda items to August 17, 2015; and
WHEREAS, on August 17, 2015, due to the time constraints and the immediate attention
required, the City of Fort Worth filed suit seeking declaratory relief from the Town of Lakeside's
annexation of Rankin Road and Silver Creek Road and declaratory and injunctive relief from the Town
of Lakeside's planned annexation of the 119.262-acre tract and the 74.685-acre triangular-shaped tract
set for August 17, 2015; and
WHEREAS, the District Court denied a temporary restraining order to prohibit the annexation
on the basis that if the annexation is void, the City of Fort Worth had a legal remedy; and
ORT WORT
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WHEREAS, Fort Worth city staff appeared at the August 17, 2015 Lakeside City Council
meeting to voice ob'jectiotis to the annexations based on the 1.971 joint resolution beilween the City of
Foil Worth and Lakeside; and
parcel of prcjper�y and Writhdrm its attempt to annex the 74785-acre triangutaIr shaped pai-cel;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS,THAT:
1.
The filing of the lawsuit against the Town of' Lakeside (Cause No. 14.1-280413-15), 141st
District Court, Tamint County, Texas is ratified.
Adopted this -2.5th day of AQU,st 2015.
Mary Kay...e ', City ecretary Ay
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WHEREAS, at the A,ugusl 17, 2015 ineeting the I'own of Lakeside annexed the 119.262-acii,,e