HomeMy WebLinkAboutResolution - 2003-R0493 - Agreement To Apportion Areas Overlapping Extraterritorial Jurisdiction -Wolforth - 10_23_2003Resolution No. 2003-RO493
October 23, 2003
Item No. 51
RESOLUTION
WHEREAS, the City of Lubbock, Texas, and the City of Wolfforth, Texas,
desire to apportion the overlapped extraterritorial jurisdiction between the two
municipalities in accordance with Subchapter B of Chapter 42 of the Local Government
Code; and
WHEREAS, the City of Lubbock and the City of Wolfforth desire to replace
the existing extraterritorial jurisdiction agreement executed August 27, 1998, between
the two cities with a new extraterritorial jurisdiction agreement; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT the Mayor of the City of Lubbock BE and is hereby
authorized and directed to execute for and on behalf of the City of Lubbock an
Agreement with the City of Wolfforth to apportion areas of overlapping extraterritorial
jurisdiction between the City of Lubbock and the City of Wolfforth, which Agreement
is attached hereto and which shall constitute and be a part of this Resolution as if fully
copied herein in detail.
SECTION 2. THAT the extraterritorial apportionment Agreement heretofore
executed by the City of Lubbock and the City of Wolfforth on August 27, 1998, by
Resolution Number 5982, shall be superseded by the Agreement attached hereto and
the prior agreement shall be of no further force and effect upon execution of the
attached Agreement.
Passed by the City Council this
ATTEST:
ed
Rebecca Garza, City Secretary
23rd
day of October , 2003.
C MC'ffOUGAL, MAYOR
APPROVED AS TO CONTENT:
r
Craig Fa mer, Director of Planning
APPROVED AS TO FORM:
Anita E. Burgess, City Attorney
ke/ccodcs/Wolfforth ETJ.res
October 13, 2003
Resolution No. 2003—RO493
October 23, 2003
Item No. 51
EXTRATERRITORIAL APPORTIONMENT AGREEMENT
THE STATE OF TEXAS §
COUNTY OF LUBBOCK §
THIS AGREEMENT is made by and between the City of Lubbock, Texas and the
City of Wolfforth, Texas, to apportion overlapping extraterritorial jurisdiction between
said municipalities pursuant to Subchapter B of Chapter 42 of the Texas Local
Government Code.
WHEREAS, the extraterritorial jurisdiction of the City of Lubbock overlapped the
entire one-half mile extraterritorial jurisdiction of the City of Wolfforth on August 23,
1963;and
WHEREAS, the City of Lubbock and the City of Wolfforth on April 11, 1985,
entered into a extraterritorial apportionment agreement which was superseded by another
extraterritorial apportionment agreement dated August 27, 1998; and
WHEREAS, both municipalities desire to replace the existing extraterritorial
apportionment agreement with a new extraterritorial apportionment agreement;
NOW THEREFORE, in consideration of the foregoing and of the mutual
covenants and agreements herein, the City of Lubbock and the City of Wolfforth agree as
follows:
SECTION 1. The City of Lubbock and the City of Wolfforth hereby mutually
agree to apportionment of their overlapping extraterritorial jurisdiction as herein
described and as indicated on the attached Map, marked Exhibit A, which exhibit is
expressly incorporated into this Agreement and made a part hereof for all intents and
purposes.
SECTION 2. This Agreement shall supersede and replace all prior
extraterritorial agreements executed between the parties, including but not limited to the
agreements dated April 11, 1985 and August 27, 1998, and said prior agreements shall be
of no further force and effect.
SECTION 3. The overlapped area, which includes the entire extraterritorial
jurisdiction of the City of Wolfforth, shall be apportioned as follows:
Wolfforth's entire one-half mile extraterritorial jurisdiction shall be apportioned
to the City of Wolfforth with the exception of that area located east of County Road 1550
(Alcove Avenue), which area shall be apportioned to the City of Lubbock.
SECTION 4. This Agreement shall not limit, but hereby expressly permits the
extension and expansion of the City of Wolfforth's statutory extraterritorial jurisdiction
Lubbock/Wolfforth ETJ Agreement Page 1
2C�03- 493
into the City of Lubbock's extraterritorial jurisdiction West of County Road 1550
(Alcove Avenue), as the extraterritorial jurisdiction of the City of Wolfforth may be
determined by its future annexations, except that the City of Wolfforth's statutory
extraterritorial jurisdiction into the City of Lubbock's extraterritorial jurisdiction shall
extend no farther North than the north right-of-way line of 66th Street (also known as
Lubbock CR7000 or Elk Road in Hockley County) and no farther South than the north
right-of-way line of 130th Street (also known as Lubbock CR 7400 or Koala Road in
Hockley County).
SECTION 5. It is expressly agreed that the City of Lubbock shall retain all
municipal powers and control of its extraterritorial jurisdiction located west of County
Road 1550 unless and until the City of Wolfforth's statutory extraterritorial jurisdiction
expands by future annexation, and that the City of Lubbock agrees not to annex the
territory within its current extraterritorial jurisdiction west of County Road 1550 (Alcove
Avenue) between 661h Street (Lubbock CR 7000, also known as Elk Road in Hockley
County) and 130th Street (Lubbock CR 7400, also known as Koala Road in Hockley
County).
SECTION 6. This Agreement shall be approved by resolutions adopted by the
governing bodies of both municipalities and, except as agreed herein, each municipality
shall be entitled to exercise any and all of its lawful municipal powers within its own
apportioned area upon execution of this Agreement including the authority to approve
plats and to annex all or a portion of its apportioned area.
EXECUTED this 23rd of
CITY OF LU C
'MARC Mc UG, L, MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPRO ONTENT:
Cr g Fa , Managing Director
Of Planning and Transportation
APPROVED AS TO FORM:
Linda Chamales, Supervising Attorney
October .2003
CIT F WOLF RTH
L.C. CHILDERS, MA OR
ATTEST:
/, - Z " ,
��-
Fran ie Pittman, City Administrator
APPROVED AS TO FORM
J an Shott ,
A y for City of Wolfforth
Lubbock/Wolfforth ETJ Agreement
Page 2
Resolution No. 2003-RO493
CITY OF WOLFFORTH ETJ
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EXHIBIT A, OCTO BER 23, 2003
°200 20 493
RESOLUTION NO. 96
WHEREAS, the City of Wolfforth, Texas, and the City of Lubbock, Texas, desire
to apportion the overlapping extraterritorial jurisdiction between the two municipalities in
accordance with Subchapter B of Chapter 42 of the Local Government Code; and
WHEREAS, the City of Wolfforth and the City of Lubbock desire to replace the
existing extraterritorial jurisdiction agreement executed August 27, 1998, between the
two cities with a new extraterritorial jurisdiction agreement; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOLFFORTH
AS FOLLOWS:
SECTION 1. THAT, the Mayor of the City of Wolfforth be and is hereby
authorized and directed to execute for and on behalf of the City of Wolfforth an
agreement with the City of Lubbock to apportion areas of overlapping extraterritorial
jurisdiction between the City of Wolfforth and the City of Lubbock, which agreement is
attached hereto and incorporated by reference the same as if copied in its entirety.
SECTION 2. THAT the extraterritorial apportionment agreement heretofore
executed by the City of Wolfforth and the City of Lubbock on August 27, 1998, shall be
superseded by the agreement attached hereto and the prior agreement shall be of no
further force or effect upon execution of the attached agreement.
Passed and approved this 3 day of November, 2003.
CITY OF WOLFFORTH
L. C. Childers, Mayor
Attest:
Debra Youngb od, Cit ecretary