HomeMy WebLinkAboutContract 34033 ✓��Y�'SECRETARY
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CITY OF BENBROOK ORDINANCE NO.
CITY OF FORT WORTH ORDINANCE NO. 16991-06-2006
JOINT ORDINANCE AND BOUNDARY AGREEMENT
WHEREAS,the City of Benbrook is a home rule city located in Tarrant County, Texas;
WHEREAS, the City of Fort Worth is a home rule city located in Tarrant, Wise, and
Denton Counties, Texas;
WHEREAS, The City of Fort Worth and the City of Benbrook share a common
boundary;
WHEREAS, the cities of Fort Worth and Benbrook desire to adjust the boundary
between the cities to promote orderly development to insure public safety and municipal services
being delivered effectively;
WHEREAS, Section 43.031 of the Texas Local Government Code authorizes adjacent
municipalities to make mutually agreeable changes in their boundaries of areas that are less than
1,000 feet in width;
WHEREAS, the areas subject to the boundary adjustment is less than 1,000 feet in
width, in that the most recent survey of the property that will be transferred to the City of Fort
Worth from the City of Benbrook indicates that the maximum width of the property is 572 feet
WHEREAS, the City of Fort Worth and the City of Benbrook have agreed that a portion
of the true common boundary between the cities be adjusted to allow the approximately .682
acres within the corporate limits to the City of Benbrook be adjusted to be within the corporate
limits to the City of Fort Worth;
NOW, THEREFORE, BE IT ORDAINED AND MUTUALLY AGREED BY THE
CITY COUNCIL OF THE CITY OF BENBROOK AND THE CITY COUNCIL OF THE
CITY OF FORT WORTH:
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SECTION 1.
Pursuant to Section 43.031 of the Texas Local Government Code, the City of Benbrook
and the City of Fort Worth hereby agree that the boundary between the cities will be adjusted as
set out herein so that approximately .682 acres located in the City of Benbrook, as described in
Exhibit"A," will be located within the city limits of the City of Fort Worth.
SECTION 2.
In accordance with the terms of this Joint Ordinance and Boundary Agreement, the City
of Benbrook hereby relinquishes approximately .682 acres described in Exhibit"A"to the City of
Fort Worth and disannexes and discontinues such property as a part of the City of Benbrook.
SECTION 3.
In accordance with the terms of this Joint Ordinance and Boundary Agreement, the City
of Fort Worth accepts and annexes .682 acres into its corporate limits as reflected in Exhibit "A"
attached and incorporated herein.
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances of the City of
Benbrook and the City of Fort Worth, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 5.
It is hereby declared to be the intention of the City Councils of Benbrook and Fort Worth
that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and
if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared
2
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unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs
and sections of this ordinance, since the same would have been enacted without the incorporation
in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 6.
The City of Benbrook and the City of Fort Worth do hereby covenant and agree to
protect,preserve, and defend the herein described boundary adjustment.
SECTION 7.
The City of Fort Worth and the City of Benbrook agree and ordain that the adoption by
both cities of this Joint Ordinance and Boundary Agreement, and the boundary change resulting
from this Agreement, do not mitigate, diminish or lessen in any way the rights that either parry
may have, at law or in equity, to challenge or contest any other annexations, attempted
annexations or extraterritorial jurisdiction claims made by the other party.
SECTION 8.
This Joint Ordinance and Boundary Agreement shall become effective and shall become a
binding agreement upon the City of Benbrook and the City of Fort Worth by the adoption of the
same in regular open city council meetings of the City of Benbrook and the City of Fort Worth.
SECTION 9.
The Mayor of each city shall execute this Joint Ordinance and Boundary Agreement,
upon adoption by both cities, in duplicate originals.
APPROVED, by the City Council of the City of Benbrook on this day of
52006.
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ATTEST: BY:
Je Di Irich, Mayor
City of I lenbrook
Ci Se retary
Ci Benbrook
AP ROVED AS TO FO
AN LEGALIT
(4 �-4�
City Attorney
City of Benbrook
APPROVED,by the City Council of the City of Fort Worth on this 13th day of June , 2006.
ATTEST: BY:
ik oncrie , ayor
City of Fort orth
MafWHendrix, ty Secretary
City of Fort Worth
APPROVED AS TO FORM AND LEGALITY:
By: ILZ
Assistant ty A orney
City of Fort Worth
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Contract Authorization
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LEGAL DESCRIPTION
0.316 ACRE TRACT
BEING a tract of land situated in the J.F.Elliott Survey,Abstract No.495,Tarrant County,
Texas and being a portion of that tract of land as described by deed to Wilbow-Skyline
Development Corporation(Tract Two)and recorded in Volume 17055,Page 258,County
Records,Tarrant County,Texas and a portion of Woodglen Drive as shown on the plat of
Section Six,Westpark Estates,an addition to the City of Benbrook as recorded in Volume
388/124,Page 20,Plat Records of Tarrant County,Texas,said tract of land being more
particularly described by metes and bounds as follows:
BEGINNING at the northeast corner of Lot 1,Martha Park Addition as recorded in Cabinet A,
Slide 4187,said Plat Records,said point being in the southerly line of said Wilbow-Skyline
Development Corporation,Tract Two;
THENCE N 56026'53"E, 50.04 feet along said southerly line;
THENCE S 310207"E, 120.91 feet to the beginning of a curve to the right;
THENCE 174.87 feet along the arc of said curve to the right through a central angle of
44°31'48",a radius of 225.00 feet and a long chord of S 09°08'31"E, 170.50 feet;
THENCE N 76052'37"W,50.00 feet to the beginning of a non-tangent curve to the left;
THENCE 136.01 feet along the arc of said curve to the left through a central angle of 44°31'48",
a radius of 175.00 feet and a long chord of N 09°08'31"W, 132.62 feet;
THENCE N 31°24'07"W, 119.03 feet to the POINT OF BEGINNING and containing 0.316
acres of land,more or less.
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ANNEXATION DESCRIPTION
BEING a tract of land situated in the N.Proctor Survey,Abstract Number 1229 and the D.H.Dickson
Survey,Abstract Number 442,Tarrant County,Texas,and being a portion of Rolling Hills Drive(a 60'
right-of-way),as.recorded on the plat of Rolling Hills Estates,as recorded in Volume 388/178,Page 81,
Plat Records,Tarrant County,Texas,and being more particularly described by metes and bounds as
follows:
BEGINNING at the most northerly lot corner of Lot I1R,Block 1,as shown on the plat of Rolling Hills
Estates,as recorded in Cabinet B,Slide 673,Plat records,Tarrant County,Texas,being in the City limit
line between the City of Benbrook,Texas,and the City of Fort Worth,Texas,and being the most easterly
terminus of the southerly right-of-way line of said Rolling Hills Drive as shown on said plat recorded in
Volume 388/178,Page 81,Plat Records,Tarrant County,Texas,and also being in the westerly line of the
proposed plat of Skyline Ranch Phase 1,and also being the beginning of a non-tangent curve to the left;
THENCE along the southerly right-of-way line of said Rolling Hills Drive and with said non-tangent
curve to the left,an arc distance of 247.55 feet,through a central angle of 28°22'01",having a radius of
500,00 feet,the long chord of which bears S 46°46'55"W,245.03 feet;
THENCE N 58000'54"W,60,00 feet to the northerly right-of-way line of said Rolling Hills Drive and
being the beginning of a non-tangent curve to the right;
THENCE along the northerly right-of-way line of said Rolling Hills Drive and with said non-tangent
curve to the right,an arc distance of 283.18 feet,through a central angle of 28°58'24",having a radius of
560.00 feet,the long chord of which bears N 47'01'1 0"E,280.17 feet to the most easterly terminus of the
northerly right-of-way line of said Rolling Hills Drive,as shown on said plat recorded in Volume
388/178,Page 81,Plat Records,Tarrant County,Texas and returning to the westerly line of proposed plat
of Skyline Ranch Phase I and returning to said City Limit Line;
THENCE S 24000'00"E,60.21 feet along the said easterly terminus and along to the westerly line of
proposed plat of Skyline Ranch Phase 1 and along said City Limit Line,to the point of beginning and
containing 15,922 square feet or 0.366 acres of land,more or less.
NOTE:THIS DOCUMENT WAS PREPARED UNDER 22 TAC 5663.21,AND DOES NOT REFLECT
THE RESULTS OF AN ON THE GROUND SURVEY,AND IS NOT TO BE USED TO CONVEY OR
ESTABLISH INTERESTS IN REAL PROPERTY,EXCEPT THOSE RIGHTS AND INTERESTS
IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE
BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED.
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JAMES_•_F. KAS_SON
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enbrook January 23,2006
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N ��n PROPOSED
Zy� SKYLINE RANCH
PHASE I
11.IPROCTQR SURVEY
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SCALE 1'=60' A=2858' 24" $.-
R=560. 00' LOT IX
L=283. 18' PROPOSED
PHASE I L• C.=N4 7°01' 10"E SKYLINE
RANCH
ROLLIND HILLS ESTATES 280. 17'
VOL.388/178.PG.81
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BEGINMNG 3 CORR�A�
* VOL.17055,PO.258
ZZ �JOS. 7m LOT I I X,
A=280 22' 01" PUBL I CKPARK
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o�LB AN ANNEXATION EXHIBIT SHOWING A TRACT OF LAND
°LL o SITUATED IN THE N.PROCTOR SURVEY,ABSTRACT NUMBER 1229 AND
THE D.H.DICKSON SURVEY,ABSTRACT NUMBER 442,TARRANT COUNTY,TEXAS,
BEING A PORTION OF ROLLING HILLS DRIVE,AS SHOWN ON THE PLAT OF
ROLLING HILLS ESTATES,AS RECORDED IN VOLUME 388/178,PAGE 81,
PLAT RECORDS,TARRANT COUNTY,TEXAS
CARTER & BURGESS,INC. SHT.NO.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/13/2006 - Ordinance No. 16991-06-2006
DATE: Tuesday, June 13, 2006
LOG NAME: 20SKYLINE REFERENCE NO.: C-21510
SUBJECT:
Approve Joint Ordinance and Boundary Agreement with the City of Benbrook to Adjust the
Boundary between Fort Worth and Benbrook; Authorize Execution of an Interlocal Agreement with
the City of Benbrook for the Construction and Maintenance of Two Bridges Over Walnut Creek, and
Authorize Execution of a Memorandum of Understanding with Wilbow Skyline Development
Corporation
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the attached Joint Ordinance and Boundary Agreement with the City of Benbrook in
conjunction with the Skyline Ranch development;
2. Authorize the Mayor to execute the attached Joint Ordinance and Boundary Agreement;
3. Authorize the City Manager to execute an Interlocal Agreement (ILA) with the City of Benbrook related
to the construction and maintenance of two bridges over Walnut Creek; and
4. Authorize the City Manager to execute a Memorandum of Understanding ("MOU") with Wilbow Skyline
Development Corporation (the "Developer") to memorialize the Developer's commitment to pay for street
repairs (if necessary) to Rolling Hills Drive as a result of construction traffic traveling to/from the Skyline
Ranch Addition and costs associated with a traffic signal at FM 2871 should the Texas Department of
Transportation determine that one is needed.
DISCUSSION:
On January 28, 2004 the City Plan Commission approved the Preliminary Plat for Skyline Ranch, a single
family sub-division of 392 lots east of FM Highway 2871 and on the north side of Walnut Creek. The
proposed access for Skyline Ranch is to be served by constructing one new street that accesses FM 2871
in Fort Worth and by constructing two bridges over Walnut Creek that connect to Rolling Hills Drive and to
Woodglen Drive, which are streets in the City of Benbrook. The centerline of Walnut Creek is the mutual
City Limit line. In order to provide for joint access between Benbrook and Fort Worth and to simplify the
maintenance responsibilities for the bridges, the staffs of both cities have met and recommend the
adjustment of the city limits as described in the attached Joint Ordinance and Boundary Agreement. It is
also recommended the ILA and MOU be executed. The ILA and MOU provide the following:
• Fort Worth will authorize the construction of the two bridges through a Community Facilities Agreement
with the Developer.
(".Al 1 rr�
• Fort Worth will be responsible for necessary repairs, if any, to Rolling Hills DI ve,- io � 4rec y
caused by the construction traffic for the Skyline Ranch Addition. Fort Worth will p ss11C ' fiat d
i 'J�Y!" F"
Logname: 20SKYLINE Page 1 of 2
with the repairs to the Developer pursuant to the terms of the MOU.
• If the Texas Department of Transportation determines that a traffic signal is required at the new street
entrance on FM 2871, Fort Worth and Benbrook will proportionately' share the cost for the signal. The
Developer will be responsible for the City of Fort Worth's share of the costs pursuant to the terms of the
MOU.
• Fort Worth and Benbrook will adjust the common municipal boundary so the new bridges will be entirely
within the city limits of Fort Worth.
• Fort Worth will maintain the new bridges upon their completion and acceptance.
Section 43.031 of the Texas Local Government Code authorizes adjacent municipalities to make mutually
agreeable changes in their boundaries for areas that are less than 1,000 feet in width. Approval of the Joint
Ordinance and Boundary Adjustment will result in the transfer of approximately 0.682 acres from the City of
Benbrook to the City of Fort Worth.
This property is located in COUNCIL DISTRICT 3.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that this action will have no material effect on City Funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Mark Rauscher (2446)
C
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V 13V�G� l: !V,
Logname: 20SKYLINE Page 2 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/13/2006 - Ordinance No. 16991-06-2006
DATE: Tuesday, June 13, 2006
LOG NAME: 20SKYLINE REFERENCE NO.: C-21510
SUBJECT:
Approve Joint Ordinance and Boundary Agreement with the City of Benbrook to Adjust the
Boundary between Fort Worth and Benbrook; Authorize Execution of an Interlocal Agreement with
the City of Benbrook for the Construction and Maintenance of Two Bridges Over Walnut Creek, and
Authorize Execution of a Memorandum of Understanding with Wilbow Skyline Development
Corporation
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the attached Joint Ordinance and Boundary Agreement with the City of Benbrook in
conjunction with the Skyline Ranch development;
2. Authorize the Mayor to execute the attached Joint Ordinance and Boundary Agreement;
3. Authorize the City Manager to execute an Interlocal Agreement (ILA) with the City of Benbrook related
to the construction and maintenance of two bridges over Walnut Creek; and
4. Authorize the City Manager to execute a Memorandum of Understanding ("MOU") with Wilbow Skyline
Development Corporation (the "Developer") to memorialize the Developer's commitment to pay for street
repairs (if necessary) to Rolling Hills Drive as a result of construction traffic traveling to/from the Skyline
Ranch Addition and costs associated with a traffic signal at FM 2871 should the Texas Department of
Transportation determine that one is needed.
DISCUSSION:
On January 28, 2004 the City Plan Commission approved the Preliminary Plat for Skyline Ranch, a single
family sub-division of 392 lots east of FM Highway 2871 and on the north side of Walnut Creek. The
proposed access for Skyline Ranch is to be served by constructing one new street that accesses FM 2871
in Fort Worth and by constructing two bridges over Walnut Creek that connect to Rolling Hills Drive and to
Woodglen Drive, which are streets in the City of Benbrook. The centerline of Walnut Creek is the mutual
City Limit line. In order to provide for joint access between Benbrook and Fort Worth and to simplify the
maintenance responsibilities for the bridges, the staffs of both cities have met and recommend the
adjustment of the city limits as described in the attached Joint Ordinance and Boundary Agreement. It is
also recommended the ILA and MOU be executed. The ILA and MOU provide the following:
• Fort Worth will authorize the construction of the two bridges through a Community Facilities Agreement
with the Developer.
• Fort Worth will be responsible for necessary repairs, if any, to Rolling Hills Drive for damage directly
caused by the construction traffic for the Skyline Ranch Addition. Fort Worth will pass all costs associated
Logname: 55SPINKS RAMP Page I of 2
with the repairs to the Developer pursuant to the terms of the MOU.
• If the Texas Department of Transportation determines that a traffic signal is required at the new street
entrance on FM 2871, Fort Worth and Benbrook will proportionately share the cost for the signal. The
Developer will be responsible for the City of Fort Worth's share of the costs pursuant to the terms of the
MOU.
• Fort Worth and Benbrook will adjust the common municipal boundary so the new bridges will be entirely
within the city limits of Fort Worth.
• Fort Worth will maintain the new bridges upon their completion and acceptance.
Section 43.031 of the Texas Local Government Code authorizes adjacent municipalities to make mutually
agreeable changes in their boundaries for areas that are less than 1,000 feet in width. Approval of the Joint
Ordinance and Boundary Adjustment will result in the transfer of approximately 0.682 acres from the City of
Benbrook to the City of Fort Worth.
This property is located in COUNCIL DISTRICT 3.
FISCAL INFORMATION/CERTIFICATION:
The Director of Fiscal Services certifies that this action will have no material effect on City Funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Mark Rauscher (2446)
Logname: 55SPINKS RAMP Page 2 of 2