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Home My WebLink AboutResolution - 2008-R0138 - Extraterritorial Appointment Agreement - City Of Wolfforth - 04/24/2008Resolution No. 2008-RO138 Item No. 6.7 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CPfY OF LUBBOCK: 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 Extraterritorial Apportionment Agreement with the City of Wolfforth, Texas. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 24th day of April , 2008. DAVID A. MILLER, MAYOR ATTEST: Re" ca.Garza, City Secretary AN,ME-11A'S TO CONTENT: S 0�" Randy Hens , Director of Planning ' 1 0I+I911Z.vv1141,9C0)"V Linda L. Chamales, Senior Attorney Office Practice Section Lc:UAtty/Linda/RES-Extraterriloral Apportionment- W'oltrorth April 10, 2008 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Lubbock and the City of Wolfforth on April 11, 1985, entered into a extraterritorial apportionment agreement which was superseded by another extraterritorial apportionment agreement dated August 27, 1998, then by a third extraterritorial apportionment agreement dated October 23, 2003; and WHEREAS, both municipalities desire to replace the existing extraterritorial apportionment agreement with a new extraterritorial apportionment agreement, moving the extra territorial jurisdictional line on Alcove Avenue north from the Marsha Sharp Freeway to 66`" Street from 55 feet west of the section line to 40 feet east of the section line; 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. 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, August 27, 1998, and October 23, 2003, and said prior agreements shall be of no further force and effect. SECTION 2. 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 3. The overlapped area, which includes the entire extraterritorial jurisdiction of the City of Wolfforth, shall be apportioned as follows: Lubbock/Wolfforth ETJ Agreement Page 1 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 except that the extraterritorial jurisdictional line on Alcove north from the Marsha Sharp Freeway to 66`h Street shall be moved from 55 feet west of the section line to 40 feet east of the section line. SECTION 4. This Agreement shall not limit, but hereby expressly permits the extension and expansion of the City of Wolfforth's statutory extraterritorial jurisdiction 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 60 feet north of the center line of 66`h Street (also known as Lubbock CR7000 or Elk Road in Hockley County) and no farther South than 60 feet south of the center line of 1301" Street (also known as Lubbock CR 7400, FM 1585, 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 60 feet north of the center line of 66`h Street (also known as Lubbock CR 7000or Elk Road in Hockley County) and 60 feet south of the center line of 1301' Street (also known as Lubbock CR 7400, FM 1585, or Koala Road in Hockley County). SECTION 6. The extraterritorial jurisdiction apportionment boundary shown in Exhibit A from FM 2378 east along CR 7000 to Alcove Avenue, south along Alcove Avenue to FM 1585, and west on FM 1585 to FM2378 may be further described as follows: BEGINNING at a point approximately 60 feet north of the southwest corner of Section 17, Block D6; THENCE East approximately 26,441.5 feet to a point 60 feet north and 40 feet east of the Southwest corner of Section 34, Block AK; THENCE South approximately 4,469.21 feet along a line 40 feet east of the section line of Section 31, Block AK to a point in the north right-of- way line of the railroad right-of-way; Lubbock/Wolfforth ETJ Agreement Page 2 THENCE Southwest along the north right-of-way line of the railroad approximately 130.37 feet to a point that is 55 feet west of the east section line of Section 32, Block AK; THENCE South approximately 16,756.6 feet to a point 60 feet south and 55 feet west of the northeast corner of Section 16, Block AK; and THENCE West approximately 26,242.71 feet to a point 60 feet south of the northwest corner of Section 24, Block CB. SECTION 7. For the portion of CR 1550 (Alcove) released to Wolfforth, the City of Wolfforth commits to constructing a street from the intersection of Alcove with the Marsha Sharp Freeway to 660' Street, when supported by appropriate traffic counts. Said street shall be constructed with the criteria used for thoroughfares by the City of Lubbock and shall be a five lane street, the width of a designated T-1 thoroughfare (64 feet paved width from curb face to curb face) in a ninety (90) foot right of way. At any time, either the City of Wolfforth or Lubbock County may strip pave from 66th Street to the Marsha Sharp Freeway, as Lubbock County has strip paved from 66`h to 50th Streets. This alternative shall be a temporary solution for the dirt road currently existing. SECTION 8. 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 _� of , 2008 CITY OF LUBBOCK DAVID A. MILLER, MAYOR ATTEST: Re ecca Garza, City Secretary C APPR4VE0 A:S TO CONTENT: CITY OF WOL FORTH L.C. CHILDERS, MAYOR APPROVED AS TO FORM: Ran/��r — dy Henson, ean Shot , Director of Planning A omey for City of Wolfforth Lubbock/Wolfforth ETJ Agreement Page 3 APPROVED AS TO FORM: Linda Chamales, Senior Attorney Office Practice, City of Lubbock Lc: cityatt/Linda/ Extraterritorial Apportionment Agreement 2008 April 16, 2008 Lubbock/Wolfforth ETJ Agreement Page 4 IMMEMMON NONUNION C R 7000 66TH to 20 { 22 '•21 m m A 1 T�H _.... N�ZOpF1�`S�" UTYM�°^i5`193 C R ]030 � �� 1 r s2 y pm -CR-1 • DONALD PRESTON 27 Zg �4 )5 S w 63 _ 2006 Wolfforth ETJ Expansion a �• % Current Wolfforth ETJ 3 H _NES o rr F,p • Current Wolfforth City Limits • A • • RA OER rn 90TH H G • y �P 1963 Lubbock ETJ O • O Current Lubbock ETJ • p �N� 49 U 0 Lubbock City Limits • Q O Section Lines .yP�c,F 96TH—. • �PyN )i �• 5TH 5TH •• 30 2/9 32 6TYI < ��• 0 o O a T P R ]260 15TFr TTF 7TH9 m 9TN, 23 Z26 25 29 ;17 eti 61 ? R 7355' P R 7360 R PP R 3Z➢ 73M RESOLUTION NO. 139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WOLFFORTH, AUTHORIZING THE MAYOR TO EXECUTE AN EXTRATERRITORIAL ALLOCATION AGREEMENT WITH THE CITY OF LUBBOCK, AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WOLFFORTH, TEXAS, AS FOLLOWS: Part 1. That the mayor is hereby authorized and directed to execute, on behalf of the City of Wolfforth, an extraterritorial allocation easement agreement with the City of Lubbock. The document shall be substantially in the form attached hereto as Exhibit "A" and incorporated herein by reference. Part 2. This resolution shall be effective immediately upon its final passage. PASSED AND APPROVED on this the _ day of May, 2008. CITY OF WOLFFORTH L. C. Childers, Mayor 14M. �/a_.� �-. . . •. i•• f IL APPROVED AS TO FORM: Linda Chamales, Senior Attorney Office Practice, City of Lubbock Lc: cityatt/Linda/ Extraterritorial Apportionment Agreement 2008 April 16, 2008 Lubbock/Wolfforth ETJ Agreement Page 4