From
Rashad Jackson, AICP, Planning & Development Director
Title
Ordinance and Interlocal Agreement for City of Venus ETJ Request - Proposed release of a portion of ETJ to the City of Venus, in an area generally located north of U.S. 67 and east of F.M. 157 on both sides of the Johnson-Ellis County Line.
Presenter
Rashad Jackson, AICP, Planning & Development Director
Recommended Action
Approve
Analysis
In May of 2018, the City of Venus approached Grand Prairie planning staff regarding the transfer/release of a portion of Grand Prairie's ETJ between US Hwy 287 and US Hwy 67 in Johnson County. The portion of ETJ is contiguous with developments currently under construction or planned within the City of Venus and its ETJ. The area proposed for transferal to the City of Venus is within the Venus ISD and sits near the projected alignment for future southern phases of SH 360. The Future Land Use map designates the area as a mixture of Single-Family Residential, Open Space/Flood Plain, Industrial, and Commercial. The area is near to but does not have direct frontage on Hwy 67 or Hwy 287.
This request was presented to the City Council Development Committee (CCDC) in July 2018 and December 2019. Based on CCDC comment in July 2018, the City of Venus adjusted the proposal to include only single-family lots currently proposed for development which the City of Venus will serve, leaving the projected SH 360 corridor within the Grand Prairie ETJ. The item was presented again to the CCDC on December 17, 2019 where they recommended approval of the revised request.
The City of Venus has prepared the attached documentation which includes an ordinance and metes & bounds description. The request is in line with CCDC approval. Grand Prairie legal staff has worked with the City of Venus and approves of the proposed ordinance wording and legal description.
Financial Consideration
N/A
Body
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, CONFIRMING AND APPROVING AN INTERLOCAL COOPERATION AGREEMENT RELEASING EXTRATERRITORIAL JURISDICTION WITH THE CITY OF VENUS, TEXAS, ADJUSTING EXTRATERRITORIAL JURISDICTION OF THE CITIES AND PROVIDING FOR RELATED OBLIGATIONS OF THE CITIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, The City of Grand Prairie (“Grand Prairie”) and the City of Venus (“Venus”) (collectively referred to as the "Cities") are adjacent and neighboring municipalities that currently share common extraterritorial jurisdiction (“ETJ”) boundaries, and are empowered by State law and the Constitution to establish their respective corporate boundaries and ETJ; and
WHEREAS, Grand Prairie has agreed to release certain portions of its extraterritorial jurisdiction to Venus (hereinafter "Grand Prairie Release Area"); and
WHEREAS, the Cities seek to avoid conflicts and uncertainty relative to the extent and location of their respective corporate limits and ETJ; and
WHEREAS, the Cities each desire to approve by ordinance an Interlocal Cooperation Agreement Releasing Extraterritorial Jurisdiction, attached and incorporated herein by reference as Exhibit 1 (hereinafter "ETJ Release Agreement") which confirms and adjusts their respective ETJ; and
WHEREAS, each of the Cities has reviewed their respective corporate boundaries and ETJ based upon their respective populations, Chapter 42 of the Texas Local Government Code, and the location of the Grand Prairie Release Area and has determined that such tracts would be better served by the municipal services of the City of Venus as reflected in the attached ETJ Release Agreement; and
WHEREAS, the Cities find and determine it necessary for the health, safety and welfare of their residents to confirm boundaries and make certain agreements and adjustments regarding their respective ETJ; and
WHEREAS, the ETJ Release Agreement is made under the authority granted by and pursuant to Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, as amended, providing for the cooperation between local governmental bodies, for beneficial governmental purposes; and
WHEREAS, the Cities have each agreed to submit to their respective governing bodies an ordinance approving the ETJ Release Agreement which confirms and adjusts their respective ETJ boundaries, as set forth in the ETJ Release Agreement which includes a map depicting the ETJ released by Grand Prairie to Venus (Exhibit A thereto) and a metes and bounds description of the ETJ released by Grand Prairie to Venus (Exhibit B thereto); and
WHEREAS, the respective meeting(s) at which this Ordinance is considered are open to the public as required by law, and the public notice of the time, place and purpose of said meeting(s) was given as required by Chapter 551, Texas Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
Section 1. The City Council of the City of Grand Prairie finds that the above and foregoing recitals are true and accurate and are hereby incorporated for all purposes as official findings of the City Council of the City of Grand Prairie.
Section 2. The terms and conditions of the ETJ Release Agreement, attached as Exhibit 1, are hereby approved, authorized, and accepted, which confirm and adjust the respective ETJ of the Cities, specifically releasing from Grand Prairie’s ETJ to Venus’s ETJ the area depicted in Exhibit A of the ETJ Release Agreement and as specifically described by metes and bounds in Exhibit B of the ETJ Release Agreement. The Mayor is hereby authorized and directed to execute this Ordinance and execute and deliver the ETJ Release Agreement to the City of Venus for consideration and execution.
Section 3. The City Council of the City of Grand Prairie shall take all appropriate action necessary to effectuate the terms of this Ordinance and the ETJ Release Agreement approved hereby and through the adoption of an official map ("Official Map") showing the respective boundaries and ETJ as required by Section 41.001 of the Texas Local Government Code. The Official Map of the City of Grand Prairie shall be filed with the Dallas, Tarrant and Ellis County Clerks within thirty (30) days of the adoption of the City’s Official Map, and a copy of this Ordinance, adopting and authorizing the execution of the ETJ Release Agreement shall be filed by the City within thirty (30) days after the effective date of the ETJ Release Agreement, in the deed records of the Dallas, Tarrant and Ellis County Clerks.
Section 4. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or unlawful, such holding shall not affect the validity of the remaining provisions of this Ordinance.
Section 5. This Ordinance approving the ETJ Release Agreement shall only become effective upon the adoption by ordinance of the ETJ Release Agreement by the City of Venus.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, THIS 13TH DAY OF OCTOBER, 2020.
ORDINANCE NO. 10921-2020