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HomeMy WebLinkAboutRes 97-13 Joint Resolution and Agreement Release and Acceptance of Extraterritorial Jurisdiction - HooverJOINT RESOLUTION AND AGREEMENT NO.'?-)- / 3 RELEASE AND ACCEPTANCE OF EXTRATERRITORIAL JURISDICTION STATE OF TEXAS § § COUNTIES OF TARRANT § AND DENTON § KNOW ALL MEN BY THESE PRESENTS: WHEREAS, the City of Fort Worth, Texas, is a home rule city lying and being situated in Denton and Tarrant Counties, State of Texas; and WHEREAS, the Town of Westlake, Texas, is a Type -A general law city lying and being situated in Denton and Tarrant Counties, State of Texas; and WHEREAS, the Town of Westlake has unconditionally and irrevocably disannexed the land more particularly described on Exhibit "A" and Exhibit "B" attached hereto and made a part hereof (the "Disannexed Land"); and WHEREAS, the City of Fort Worth and the Town of Westlake desire to adjust their extraterritorial jurisdiction boundary lines to unconditionally and irrevocably release the Disannexed Land from the extraterritorial jurisdiction of the Town of Westlake and to include the Disannexed Land within the extraterritorial jurisdiction of the City of Fort Worth; and WHEREAS, the City of Fort Worth and the Town of Westlake have the authority to pass and approve this Joint Resolution and Agreement pursuant to Section 42.023 of the Texas Local Government Code; and WHEREAS, notice of the proposed adoption of this Joint Resolution and Agreement has been duly posted in accordance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code; and WHEREAS, the City of Fort Worth desires to guarantee to the current and future owners of the Disannexed Land that the Disannexed Land will not be annexed for 15 years. NOW, THEREFORE, BE IT RESOLVED AND MUTUALLY AGREED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH AND THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE: JOINT RESOLUTION AND AGREEMENT HOOVER Page 1 07510.0019:0253755.02 SECTION 1. That the City of Fort Worth and the Town of Westlake do hereby covenant and agree to protect, preserve, and defend the hereinafter described realignment of their respective extraterritorial jurisdictions. SECTION 2. That the Town of Westlake does hereby unconditionally and irrevocably relinquish and release to the City of Fort Worth any and all of the extraterritorial jurisdictional rights the Town of Westlake has or may have in and to the Disannexed Land. SECTION 3. That the City of Fort Worth does hereby include and accept the Disannexed Land into the extraterritorial jurisdiction of the City of Fort Worth and does hereby agree to assume the rights and obligations appurtenant to the Disannexed Land. SECTION 4. That this Joint Resolution and Agreement shall become unconditionally and irrevocably effective and binding upon the Town of Westlake upon the effective date hereinafter set forth, and that this Joint Resolution and Agreement may not be altered or amended by the Town of Westlake without the prior written consent of the City of Fort Worth and each and all of the owners of the Disannexed Land. SECTIONS That this Joint Resolution and Agreement shall become effective and binding upon the City of Fort Worth when approved by the City Council of the City of Fort Worth. SECTION 6. That the City of Fort Worth hereby agrees that the Disannexed Land will remain in its extraterritorial jurisdiction (and, therefore, will be immune from annexation) for 15 years from and after the effective date hereof (pursuant to Section 42.044 of the Texas Local Government Code). This JOINT RESOLUTION AND AGREEMENT is unconditionally and irrevocably PASSED AND APPROVED by the Board of Aldermen of the Town of Westlake, Texas, this 2nd day of May, 1997, and is effective at M. on such date. JOINT RESOLUTION AND ,AGREEMENT HOOVER Page 2 07510.0019:0253755.02 ATTEST: 46 r -'e Ginger Crosswy, S •etary Date: May 2, 1997 APPROVED AS TO FORM LEGALITY: JiLl Wood, Town Attorney Date: May 2, 1997 THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § SIGNED: MAYOR loc— Alt'� Carroll Huntress, MAYOR PRO -TEM This ` instrument was acknowledged before me on the 2nd day of May, 1997, by Mayor of the Town of Weptlake. Notary Public in and for My Commission Expires: 1 the State of Texas e �tQ�45iALAfl�Hun�� c'^ Notary pubfAe r. EX4 �Cammp 02JI09S JOINT RESOLUTION AND AGREEMENT HOOVER Page 3 07510.0019:0253755.02 THE STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § This instrument was acknowledged before me on the 2nd day of May, 1997, by ,Mayor Pro -Tem of the To of Westlake. Notary Public ' eoocmomo the State o °U KRISTA UWETTE HURST Notary Puble My Commission 1�cpires: STATE OFTE)(l1a � '2// % of My Comm. Exp. OWN This JOINT RESOLUTION AND AGREEMENT is passed and approved by the -City - Council of the City of Fort Worth, Texas, this day of , 1997. ATTEST: , Secretary , Mayor APPROVED AS TO FORM AND LEGALITY: , City Attorney Date: JOINT RESOLUTION AND AGREEMENT HOOVER Page 4 07510.0019:0253755.02 THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of , 1997 by , Mayor of the City of Fort Worth. My Commission Expires. Notary Public in and for the State of Texas JOINT RESOLUTION AND AGREEMENT HOOVER Page 5 07510.0019:0253755.02 EXHIBIT "A" Drawing of "Disannexed Land" JOINT RESOLUTION AND AGREEMENT HOOVER Page 6 07510.0019:0253755.02 EXHIBIT "B" Description of "Disannexed Land" The following described land has been released from the extraterritorial jurisdiction of the Town of Westlake, Texas, and has been included and accepted into the extraterritorial jurisdiction of the City of Fort Worth, Texas. JOINT RESOLUTION AND AGREEMENT HOOVER Page 7 07510,0019:0253755.02 EXHIBIT `B' PROPERTY DESCRIPTION WAYNE T. HOOVER This property is comprised of one tract of land totaling approximately 18 acres located on the east side of J.T. Ottinger Road, south and east of the intersection of J.T. Ottinger Road and State Highway 170, and north of the intersection of J.T. Ottinger Road and Dove Road in Tarrant County, Texas. This tract of land is generally shown on the attached Exhibit `A' and further described below. BEING a tract of land situated in the J. Gibson Survey, Abstract No. 592, Tarrant County, Texas and being that tract of land as described by deed to Wayne T. Hoover and recorded in Volume 5492, Page 93, County Records, Tarrant County, Texas, save and except any portion of said tract situated within 50 feet of the westerly right-of-way line of J.T. Ottinger Road. C&B Job No. 971303010 May 2, 1997 J:1JOB1971303011SUR1LEGAL1TR10.LG Page 1 of 1