Loading...
HomeMy WebLinkAboutOrdinance 22906-09-2017 CITY OF CROWLEY ORDINANCE NO. 10-2017-314 CITY OF FORT WORTH ORDINANCE NO. 22906-09-2017 JOINT ORDINANCE AND BOUNDARY AGREEMENT WHEREAS, the City of Fort Worth (hereinafter called "FORT WORTH") is a home-rule city located in Tarrant, Wise, Parker, Johnson and Denton Counties;and WHEREAS, the City of Crowley (hereinafter called "CROWLEY") is a home-rule city located in Tarrant and Johnson Counties;and WHEREAS, FORT WORTH and CROWLEY share a common boundary;and WHEREAS, the City of Fort Worth has received a request by the City of Crowley for a boundary adjustment to accommodate a Fort Worth sewer main that will serve the Tarleton State campus and surrounding development;and WHEREAS,FORT WORTH and CROWLEY now desire to adjust the boundary between the two cities to promote orderly development to insure public safety and effective delivery ofmunicipal services; and WHEREAS, Section 43.031 of the Texas Local Government Code authorizes adjacent municipalities to make mutually agreeable changes to their boundaries that are less than 1,000 feet in width; and WHEREAS, Section 43.142 of the Texas Local Government Code allows a home-rule municipality to disannex areas in the municipality in accordance with the rules as may be provided by its City Charter; NOW, THEREFORE, BE IT ORDAINED AND MUTUALLY AGREED BY THE CITY COUNCIL OF THE CITY OF FORTH WORTH AND THE CITY COUNCIL OF THE CITY OF CROWLEY: SECTION 1. Pursuant to Section 43.031 of the Texas Local Government Code, FORT WORTH and CROWLEY hereby agree that the boundary between the cities will be adjusted as set out herein so that 5.2-acres of land located in FORT WORTH extraterritorial jurisdiction, as described and shown in Exhibit"A",and with a width of less than 1,000 feet,will be located in the extraterritorial jurisdiction of CROWLEY. In accordance with this Joint Ordinance and Boundary Agreement, FORT WORTH hereby relinquishes the 5.2 acres described in Exhibit A to the City of Crowley and disannexes and discontinues such property as part of the City of Fort Worth extraterritorial jurisdiction. In accordance with the terms of this Joint Ordinance and Boundary Agreement, the City of Crowley accepts and annexes 5.2 acres into its extraterritorial jurisdiction as reflected in Exhibit A attached and incorporated herein. �g1011 �2���9 CO 1 cv N ti SECTION 2. This ordinance shall be cumulative of all provisions of the ordinances of the City of Crowley 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 3. It is hereby declared to be the intention of the City Councils of FORT WORTH and CROWLEY 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 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 4. The City of Crowley and the City of Fort Worth do hereby covenant and agree to protect, preserve and defend the herein described boundary adjustment. SECTION 5. The City of Crowley and the City of Fort Worth 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 party 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 6. This joint ordinance and boundary agreement shall become effective and shall become a binding agreement upon the City of Fort Worth and the City of Crowley by the adoption of same in regular open city council meetings of the City of Crowley and the City of Fort Worth. SECTION 7. The Mayor of each city shall execute this Joint Ordinance and Boundary Agreement, upon adoption by both cities, in duplicate originals. PA.$SED AND APPROVED by the City Council of the City of Fort Worth on this 117 `day of 2017. j�. Mayor ATT ity Se et APPROVED AS TO FORM AND LEGALITY: CIT ATTORNEY ATT i WSL/C TARY PASSED AND APPROVED by the City Council of the City of Crowley on this day of Pic o�eta , 2017. (Ium Mayor ATTEST: QAk 62W-L� A , City Secretary I E,XA& APPROVED AS TO FORM AND LEGALITY ��� :.• w ® CIf YIATTORNEY rsttEaet`°�� ATTEST v o CITY SECRETARY O du;IP BLOCK 19, CARSON RANCH ESTATES CABINET A. SLIDE 7117, PRTCT p� w TEXAS ELECTRIC SERVICE COMPANY VOL. 3633, PG. 646, DRTCT S 85022E 672'+/- 1/2'STEEL ROD FOUND TEXAS ELECTRIC SERVICE CO VOL 3554, PG. 622, DRTCT 4.1' STEEL ROD FOUND 62.07' S 85022'03'1: 2549.16' S 85°22'03"E 566'+/- TEXAS ELECTRIC SERVICE CO P.O'B' VOL 3540. PG. 527, DRTCT 1/2"CAPPED STEEL ROD FND STAMPED 'MOAK SURV INC' S 8�03� 2549.16' S 1/2"STEEL ROD FOUND o a Wo o ^ .X� W ro Y a �� N z -� oM v 04 z 0 gyp. N z 0o PARTITION DEED TO FRED R. CROUCH VOL 7015, PG 997, DRTCT (TRACT 1) �V NOTES: 1) THE AREA DEPICTED HEREON REPRESENTING THE CITY LIMITS BETWEEN CROWLEY AND FORT WORTH IS APPROXIMATE AND WAS DETERMINED tj BASED ON TARRANT APPRAISAL DISTRICT MAPS, ONLY. NO OTHER ^� RECORDS WERE PROVIDED. 0 OLD STONE FOUND *Qj� SKETCH SHOWING PROPOSED CITY LB41TS ANNEXATION IN THE MOSES WALTERS SURVEY,ABSTRACT 1598 Scale 1"=200' TARRANT COUNTY,TEXAS SEE ATTACHED DESCRIPTION LEGEND PAGE 1 OF 2 a FOUND STEEL ROD O SET CAPPED STEEL ROD Moak Surveyors, Inc. + CROSS CUT IN CONCRETE LICENSED STATE AND REGISTERED FOUND STEEL PIPE PROFESSIONAL LAND SURVEYORS o FOUND BOIS D'ARC STAKE Tena •New Mexico -Arizona -Nevada \— UTILITY LINE License No.10008600 —X— CENTERLINE FENCE 1105 Check Sparger Road,Colleyville,Texas 76034 0 2017 David C.Moak Surveyors.Inc. Metro 817-268-2211 -Fax 817-282-0401 copinofmbphtratow an Brprosslon"awloevkw www.moaksurveyors.com oftradom IMx.rtrsvvo0w�hs�dcwffibftnlo mftk � Date 6-19.2017 Job#13-05 E COORDINATE FILE: 13-058.CRD DESCRIPTION ALL that certain tract or parcel of land situated in the MOSES WALTERS SURVEY, Abstract No. 1598, Tarrant County, Texas and being a portion of that same tract described in Partition Deed to Fred R. Crouch (Tract 1) as recorded in Volume 7015, Page 997, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch capped steel rod stamped "MOAK SURV INC" set at the southwest comer of that same tract described to Texas Electric Service Company as recorded in Volume 3540, Page 527, Deed Records, Tarrant County, Texas from which a 1 inch steel rod found at the northwest comer of said Tract bears NORTH 62.07 feet; THENCE South 85 degrees 22 minutes 03 seconds East with the south boundary line of said Texas Electric Service Company Tract, approximately 566 feet to the intersection of the said south boundary line and the Crowley northwesterly city limits line; THENCE southwesterly along said Crowley city limits line, approximately 942 feet to the west boundary line of said Tract 1; THENCE NORTH (base bearing - deed call NORTH) with the west boundary line of said Tract 1, approximately 800 feet to the Place of Beginning. NOTES: 1)THE AREA DEPICTED HEREON REPRESENTING THE CITY LIMITS BETWEEN CROWLEY AND FORT WORTH ISAPPROXIMATE AND WAS DETERMINED BASED ON TARRANT APPRAISAL DISTRICT MAPS, ONLY. NO OTHER RECORDS WERE PROVIDED. SKETCH SHOWING PROPOSED CITY LIMITS ANNEXATION IN THE MOSES WALTERS SURVEY, ABSTRACT 1598 TARRANT COUNTY,TEXAS SEE ATTACHED DESCRIPTION Scale 1"= 200' LEGEND PAGE 2 OF2 • FOUND STEEL ROD O SET CAPPED STEEL ROD + CROSS CUT IN CONCRETE FOUND STEEL PIPE D FOUND BONS D'ARC STAKE —\\— UTILITY LINE Moak Surveyors, Inc. —x— CENTERLINE FENCE LICENSED STATE AND REGISTERED PROFESSIONAL LAND SURVEYORS © 2017 David C.Moak Surveyors,Inc. Texas •New Mexico •Arizona•Nevada Copies of this plat not containing an impression seal and original License No.10008600 red ink signature should be assumed to contain unauthorized 1105 Cheek Sparger Road,Colleyville,Texas 76034 alterations therefore voiding the stated certification. Metro 817-268-2211 •Fax 817-282-0401 www.moaksurveyors.com COORDINATE FILE:13-058.CRD Date 6-19-2017 Job #13-058CL-2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/19/2017 - Ordinance No. 22906-09-2017 DATE: Tuesday, September 19, 2017 REFERENCE NO.: L-16080 LOG NAME: 06BAX-17-002 FORT WORTH AND CROWLEY BOUNDARY ADJUSTMENT SUBJECT: Authorize Joint Ordinance and Boundary Agreement with the City of Crowley to Adjust the City Limit Boundaries Between the Cities of Fort Worth and Crowley for 5.2 Acres of Land in Fort Worth's Extraterritorial Jurisdiction (Near COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council: 1. Approve the attached Joint Ordinance and Boundary Agreement between the Cities of Fort Worth and Crowley; and 2. Authorize the Mayor to execute the attached Joint Ordinance and Boundary Agreement. DISCUSSION: The City of Crowley has requested that the City of Fort Worth release extraterritorial jurisdiction (ETJ) to the City of Crowley as depicted in the Location Map, Exhibit A. This boundary adjustment will allow the developers of the proposed Deer Valley at End O'Trails Ranch to grant Fort Worth utility easements within their development. The ETJ released by the City of Fort Worth would then be annexed by the City of Crowley. Fort Worth will own and maintain the proposed sewer line running through this site. The City of Crowley agrees to cost-share participation in downstream capacity improvements. The Fort Worth sewer line will serve the Tarleton State campus and surrounding development. The Texas Local Government Code, Chapter 43.031, authorizes adjacent municipalities to make mutually agreeable changes in their boundaries for areas that are less than 1,000 feet in width. The purpose of these changes in boundaries is to promote orderly development, public safety and effective delivery of municipal services. If the City Council approves the proposed boundary adjustment, then the ordinance will be executed between the Cities of Fort Worth and Crowley. The subject property is adjacent to Fort Worth's City Limits in the City's extraterritorial jurisdiction within Tarrant County. The site overlaps two parcels, each owned separately by Guion Gregg and Oncor Electric Delivery Co., LLC. It is located east of McCart Avenue, west of BNSF Railway and north of Industrial Road. The site is closest to COUNCIL DISTRICT 6. This contract will be with a governmental entity, state agency or public institution of higher education: City of Crowley. Logname: 06BAX-17-002 FORT WORTH AND CROWLEY BOUNDARY ADJUSTMENT Page 1 of 2 The Director of Finance certifies that this action will have no material effect of City funds. FUND IDENTIFIERS (FIDsI: TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Mary Elliott (7844) Logname: 06BAX-17-002 FORT WORTH AND CROWLEY BOUNDARY ADJUSTMENT Page 2 of 2