HomeMy WebLinkAboutOrdinance 19821-08-2011DAX -11 -006
ORDINANCE NO.19821 -08 -2011
AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE
RETRACTION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT
WORTH; PROVIDING FOR THE DISANNEXATION OF AN APPROXIMATELY 0.6
ACRE TRACT OF LAND SITUATED IN THE COLEMAN BOYD SURVEY,
ABSTRACT 225, SITUATED ABOUT 14.7 MILES NORTH 7 DEGREES WEST
OF THE COURTHOUSE, TARRANT COUNTY, TEXAS (CASE NO. DAX -11 -006)
WHICH SAID TERRITORY LIES WITHIN THE PRESENT CORPORATE
BOUNDARY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT THE
TERRITORY DISANNEXED SHALL NOT BEAR ITS PRO RATA PART OF
TAXES; PROVIDING THAT THE INHABITANTS THEREOF SHALL NO LONGER
BE CITIZENS OF FORT WORTH, TEXAS; PROVIDING THAT THIS
ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT
HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR
SEVERABILITY; AND NAMING AN EFFECTIVE DATE.
WHEREAS the City of Fort Worth is a home -rule city; and
WHEREAS the City of Fort Worth has a population of 4,000 or more
and is located in a county with a population of more than 205,000
persons; and
WHEREAS the City of Fort Worth is the owner of approximately 0.6
acres located in the Coleman Boyd Survey, Abstract 225, Tarrant
County, Texas, within the City's corporate limits, described in
Section 1 below; and
WHEREAS the City of Fort Worth received a petition requesting
disannexation for land owned by Triple T Farms, Ltd.; and
WHEREAS the City of Fort Worth approved the petition requesting
disannexation for land owned by Triple T Farms, Ltd. on February
15, 2011 by Ordinance 19559 -02 -2011; and
WHEREAS the land owned by Triple T Farms, Ltd. contained the
southern half of the Avondale - Haslet Road right -of -way adjacent to
the City of Fort Worth's boundary; and
WHEREAS disannexation of the land owned by Triple T Farms, Ltd.
caused the northern half of the Avondale - Haslet Road right -of -way
to remain inside the City of Fort Worth; and
WHEREAS the Texas Local Government Code requires annexation
actions that affect a paved portion of a county road must include
the entire width of that road; and
WHEREAS pursuant to the City's authority under its home -rule
1
powers and Section 43.145 of the Texas Local Government Code, the
City Council of the City of Fort Worth has the authority to
disannex property; and
WHEREAS land disannexed by the City of Fort Worth becomes part of
the City's extraterritorial jurisdiction.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That the following described land and territory lying adjacent
to and adjoining the City of Fort Worth, Texas is hereby removed
from the City of Fort Worth, Texas, and said territory hereinafter
described shall hereafter be excluded from the boundary limits of
the City of Fort Worth, Texas, and the present corporate boundary
limits of said City, at the various points contiguous to the area
hereinafter described, are altered and amended so as to exclude
said area from the corporate limits of the City of Fort Worth,
Texas, to -wit:
A parcel of land out M.E.P. &P. RR Co. Survey, and being a portion
of a called 121.0 acre tract conveyed to Hall -Nance Ranches,
Ltd., according to the deed recorded in Volume 14579, Page 526,
Deed Records of Tarrant County, Texas, and being a portion of the
occupied right -of -way of Avondale- Haslet Road, County Road Number
4029, and also being a portion of Parcel 2 as annexed by City of
Fort Worth Ordinance Number 16074, and being more particularly
described by metes and bounds as follows;
BEGINNING at the northeast corner of a called 167.3358 acre tract
of land out of the Coleman Boyd Survey, Abstract No. 1132,
Tarrant County, Texas, described by deed .recorded at County
Clerk's Instrument Number D201252695, being in the common
line of said M.E.P. &P. RR Co. Survey, and said Boyd Survey,
generally being the centerline of said Road, being in the
south .line of said 121.0 acre tract, being in an east line
of said Parcel 2, and being in the west line of the Joint
Resolution and Agreement between the City of Fort Worth, and
the 'Town of Haslet, according to City of Fort Worth, City
Ordinance Number_ 15651, and from which a capped one -half
inch iron rod stamped "LANDES & ASSOC." found in the east
line of said 167.3358 acre tract, being the occupied south
right -of -way of said Road, bears South 00 degrees 04 minutes
07 seconds West, 27.00 feet;
'y'_
ti
4
2
DAX -11 -006
occupied northwesterly right -of -way of said Road, from which
a five- eights inch iron rod found for the northwest corner
of said 167.3358 acre tract, bears North 89 degrees 40
minutes 00 seconds West, 263.36 feet;
THENCE generally with said occupied northwesterly .right -of -way,
North 52 degrees 00 minutes 00 seconds East, 39.44 feet, to
the occupied north right -of -way of said Road;
THENCE generally with said occupied north right -of -way, and 25.00
feet northerly of and parallel with said common line and
Centerline, South 89 degrees 40 minutes 00 seconds East,
1070.38 feet, to its intersection, with the east line of
said Parcel 2, and the west line of said Agreement and
Resolution;
THENCE with the east line of said Parcel 2, and the west line of
said Agreement and Resolution, South 00 degrees 04 minutes 07
seconds West, 25.00 feet, to the Place of Beginning and
containing 0.62 acres of land, (0.001 square miles) of land,
more or less.
SECTION 2.
That the above described territory is shown on Map Exhibit "A"
which is attached hereto and expressly incorporated herein by
reference for the purpose of illustrating and depicting the
location of the hereinabove described territory.
SECTION 3.
That the above described territory hereby disannexed shall no
longer be part of the City of Fort Worth, Texas, and the property
so removed hereby shall no longer bear its pro rata part of the
taxes levied by the City of Fort Worth, Texas, and the inhabitants
thereof shall no longer be citizens and shall no longer be bound by
the acts, ordinances, resolutions and regulations of the City of
Fort Worth, Texas.
SECTION 4.
That this ordinance shall and does amend every prior ordinance
in conflict herewith, but as to all other ordinances or sections of
ordinances not in direct conflict, this ordinance shall be, and the
same is hereby made cumulative.
SECTION 5.
That it is hereby declared to be the intent of the City
Council that the sections, paragraphs, sentences, clauses and
phrases 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
3
DAX -11 -006
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
by the City Council without the incorporation in this ordinance of
any unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6.
That should this ordinance for any reason be ineffective as to
any part or parts of the area hereby disannexed from the City of
Fort Worth, the ineffectiveness of this ordinance as to any such
part or parts shall not affect the effectiveness of this ordinance
as to the remainder of such area. The City Council hereby declares
it to be its purpose to disannex to the City of Fort Worth every
part of the area described in Section 1 of this ordinance,
regardless of whether any part of such described area is hereby not
effectively disannexed from the City. Provided, further, that if
there is included within the description of territory set out in
Section 1 of this ordinance to be disannexed from the City of Fort
Worth any area which is presently part of and included within the
limits of any other city, town or village, or which is not within
the City of Fort Worth's jurisdiction to disannex, the same is
hereby excluded and excepted from the territory to be disannexed
hereby as fully as if such excluded and excepted area were
expressly described herein.
SECTION 7.
That this ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Melinda Ramos, Assistant City Attorney
ADOPTED AND EFFECTIVE: August 2, 2011
10
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, August 02, 2011
LOG NAME: 065030 ADOPT DAX 11 -006
REFERENCE NO.: PZ -2950
SUBJECT:
Adopt Ordinance for the Disannexation of Approximately 0.6 Acres of Avondale - Haslet Road Right -of -Way,
DAX -11 -006, Avondale - Haslet ROW (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance disannexing and discontinuing from
the corporate limits approximately 0.6 acres of land, located on Avondale - Haslet Road, west of Farm to
Market Road 156 and east of Boaz Road, DAX -11 -006, Avondale - Haslet ROW.
DISCUSSION:
On February 15, 2011, the City Council approved a request from Triple T Farms, Ltd., to disannex
approximately 168.0 acres from the City of Fort Worth by Ordinance 19559 -02 -2011. The disannexed
property also included the southern portion of Avondale - Haslet Road in the disannexation boundary,
causing Tarrant County and the City of Fort Worth to each have responsibility for maintenance and
emergency services within the same length of roadway. The Texas State Local Government Code
requires annexation actions that affect a paved portion of a county road to include the entire roadway
width. The adoption of the attached ordinance completes the disannexation process for the northern
portion of Avondale - Haslet Road, releasing the entire width from the City of Fort Worth's corporate
boundary. Tarrant County is aware of and supports this disannexation.
The subject property is situated within the City of Fort Worth and adjacent to the City of Haslet's
extraterritorial jurisdiction. The land is currently used as developed right -of -way for Avondale - Haslet Road.
The land would become part of Fort Worth's extraterritorial jurisdiction, after disannexation.
If disannexed, this property will be removed from COUNCIL DISTRICT 7.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that that this action will have no material effect on
City funds.
FUND CENTERS:
TO Fund /Account /Centers
CERTIFICATIONS:
Submitted for City Manager's Office b .
Originating Department Head:
Additional Information Contact:
FROM_Fund /Account /Centers
Fernando Costa (6122)
Randle Harwood (6101)
Beth Knight (8190)
Logname: 065030 ADOPT DAX 11 -006 Page 1 of 1