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Home My WebLink AboutOrdinance 23504-12-2018CITY OF RIVER OAKS ORDINANCE NO. 1212-2018 CITY OF FORT WORTH ORDINANCE NO. 23504-12-2018 JOINT ORDINANCE AND BOUNDARY AGREEMENT WHEREAS, the City of Fort Worth and the River Oaks have received a request by Castleberry Independent School District for a boundary adjustment to expand an existing school facility for parking; and 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 River Oaks (hereinafter called "RIVER OAKS") is a home -rule city located in Tarrant County; and WHEREAS, FORT WORTH and RIVER OAKS share a common boundary; and WHEREAS, FORT WORTH and RIVER OAKS now desire to adjust the boundary between the two cities to promote orderly development to insure public safety and effective delivery of municipal 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 RIVER OAKS: Section 1 Pursuant to Section 43.031 of the Texas Local Government Code, FORT WORTH and RIVER OAKS hereby agree that the boundary between the cities will be adjusted as set out herein so that Westside Acres, Block E, Lot 1A1, located in FORT WORTH city limits, as described and shown in Exhibit "A", and with a width of less than 1,000 feet, will be located in the city limits of RIVER OAKS. This land is designated for expansion of an existing school facility for parking. RIVER OAKS agrees to require screening between the expansion and the residential lots adjacent to the expansion. In accordance with this Joint Ordinance and Boundary Agreement, FORT WORTH hereby relinquishes the property described in Exhibit "A" to RIVER OAKS and disannexes and discontinues such property as part of FORT WORTH city limits. In accordance with the terms of this Joint Ordinance Page 1 of 6 and Boundary Agreement, RIVER OAKS accepts and annexes Westside Acres, Block E, Lot 1A1 into its city limits as reflected in Exhibit "A" attached and incorporated herein. SECTION 3 This ordinance shall be cumulative of all provisions of the ordinances of the City of River Oaks 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 corflicting provisions of such ordinances are hereby repealed. SECTION 4 It is hereby declared to be the intention of the City Councils of FORT WORTH and RIVER OAKS 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 5 The City of River Oaks and the City of Fort Worth do hereby covenant and agree to protect, preserve and defend the herein described boundary adjustment. SECTION 6 The City of River Oaks 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 7 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 River Oaks by the adoption of same in regular open city council meetings of the City of River Oaks and the City of Fort Worth. Page 2 of 6 SECTION 8 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 D—day of 2018. APPROVED AS TO FORM AND LEGALITY: CITY ATTO EY ATTEST CITY SECR T ayor Page 3 of 6 . � PASSED AND APPROVED by the City Council of the City of River Oaks on this 'rday of 8—eca,n 72018. APPROVED AS TO FORM AND LEGALITY (- F) CITY AT �7 ATTEST"-� CITY SECRETARY r..- ,:; W -;A r Mayor A-r-Tlr-f%-r- Page 4 of 6 EXHIBIT "A" LEGAL DSCRIPTION BEING Lot 1—A-1, Block E, Westside Acres Addition, an Addition to the City of River Oaks, Tarrant County, Texas, according to the plat thereof recorded in Cabinet B, Page 24, Plot Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod with yellow plastic cap stamped "4030 found for the southeast corner of said Lot 1—A-1; THENCE N 8953'38" W a distance of 111,00' to a 1/2" iron rod with yellow plastic cap stamped "4030 found for the southeast corner of said Lot 1—A-1; THENCE N 00'06'22" E a distance of 12.10' to a point for corner; THENCE N 89`53'38" W a distance of 138.00' to a point for corner in the east Right Of Way line of Churchill Road; THENCE N 00'06'22" E following the east Right Of Way line of Churchill Road a distance of 50.80' to a point for corner, THENCE S 89'53'38" E a distance of 249.00' to o point for corner; THENCE S 00'06'22" W a distance of 62.90' to the POINT OF BEGINNING and containing 13,992 Square Feet or 0.321 Acres of land. NOTES 3 The ariginal copy wW none angMal signatures, stomp seal and on impression seal 2. Copyright 2017, Surdekan Surveying, Inc. J. This Survey is being pronded solely for the use of file en c t parties. 4. This msurvey is subject to all easements of record. 5. The basis of bearings, horizontal and vertical position e derived from Teras NDS RTI( Network, Teras State Plane Coordinates System, Nad83, North Centra, Irne, ,ad BJ (CORS96) Epoch 2002.0, Vertical position are referenced to NAVD88 using (OE10003) SIDWW CYTS CVYFXA1E Thesurvey shown hereon is o true representation of the property, as determined by a survey mode on the ground and under 1my personal supervision. All visible improvements are as shown_ There are no visible encroachments, con Bicts, x protrusions, except as shown. This survey conforms to the Texcs Board of Plrafessional Land Surveyors' Minimum Standards of Proctice, us adopted by the Board effective September 1, 2015. The property of is subject to ofl easemenA�ed,.7 OF DAVID J. SURDUKAN Oovid J. urdukon R.P.L.S. No. 4613 vq 4613 Page 5 of 6 0 lD uo m CL law om — ------------- 7' li it fit lop, ii 0 lD uo m CL Boundary Adjustment BAX•18.003 Approximately 0.32 Acres Exhibit A Fort Worth DESIGNATION Full Purpose Limited Purpose Extraterritorial Jurisdiction 0 25 50 100 Feet I I I I 1 1:1,200 Castleberry ISD's bus barn ® Boundary Adjustment Area Adjacent Cities Planning & Development Department 11,/13/2018 COPYRIGHT 2018 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY. THE ACCURACY IS NOT TO BE TAKEN r USED AS DATA PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LAND SURVEYOR. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA. 199 r7 Creek L ent C Lak �- 7 u -- f 121 199 183 i alto 80 87 Lake � 183 ` I i I 1 { , 1 3 � TIDWELL River Oaks = 924 CHURCHILL RD 920 CHURCHILL RD 922 CHURCHILL RD I r Fort Worth DESIGNATION Full Purpose Limited Purpose Extraterritorial Jurisdiction 0 25 50 100 Feet I I I I 1 1:1,200 Castleberry ISD's bus barn ® Boundary Adjustment Area Adjacent Cities Planning & Development Department 11,/13/2018 COPYRIGHT 2018 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY. THE ACCURACY IS NOT TO BE TAKEN r USED AS DATA PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LAND SURVEYOR. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA. Boundary Adjustment - BAX-18-003 Aerial of Boundary Adjustment and Surrounding Area Exhibit B FoeORTx. 025 50 100 Feet I I I City of Fort Worth 1:8,400 Wanting& Development Department Boundary Adjustment Area Castleberry ISD's bus barn COPYRIGHT F AP CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IC L y VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY. THE ACCURACY IS NOT TO BE TAKEN / USED AS DATA City of River Oaks PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LAND SURVEYOR. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/11/2018 - Ordinance No. 23504-127x.018 DATE: Tuesday, December 11, 2018 REFERENCE NO.: **L-16164 LOG NAME: 0606BAX-18-003 FORT WORTH AND RIVER OAKS BOUNDARY ADJUSTMENT SUBJECT: Authorize Joint Ordinance and Boundary Agreement with the City of River Oaks to Adjust the City Limit Boundaries Between the Cities of Fort Worth and River Oaks for Westside Acres, Block E, Lot lA1 (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Approve the attached Joint Ordinance and Boundary Agreement between the Cities of Fort Worth and River Oaks; and 2. Authorize the Mayor to execute the attached Joint Ordinance and Boundary Agreement. DISCUSSION: Castleberry Independent School District contacted staff and requested a boundary adjustment between the City of Fort Worth and the City of River Oaks. The property is located on the east side of Churchill Road, north of White Settlement Road (see Exhibit "A"). Castleberry ISD's bus barn is located to the north of the subject property. The lot is platted as Westside Acres, Block E, Lot lAl. The school district plans to pave the lot for additional parking for the bus barn, and wants the entire school facility to be located within River Oaks city limit. Whether the school facility is located in one city or the other does not impact taxable land, since schools are tax exempt; however, Fort Worth wants to ensure that the adjacent Fort Worth residents are screened from the adjacent nonresidential use. River Oaks staff has agreed to require screening for the facility consistent with their screening requirements for other nonresidential uses. This requirements is included in the draft Joint Ordinance and Boundary Agreement (see attached). 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, the ordinance will be executed between the Cities of Fort Worth and Red Oaks. The proposed boundary adjustment is located in Fort Worth City limits and COUNCIL DISTRICT 2. This contract will be with a governmental entity, state agency or public institution of higher education: City of Red Oaks. FISCAL INFORMATION / CERTIFICATION: Logname: 0606BAX-18-003 FORT WORTH AND RIVER OAKS BOUNDARY ADJUSTMENT Page 1 of 2 The Director of Finance certifies that this action will have no material effect on City funds. FUND IDENTIFIERS (FIDS): TO Fund Department ccoun Project Program ctivity BudgetReference # mount ID ID Year E(Chartfield 2) FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year (ChartFeld 2) CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Jay Chapa (6122) Randle Harwood (6101) Mary Elliott (7844) Logname: 0606BAX-18-003 FORT WORTH AND RIVER OAKS BOUNDARY ADJUSTMENT Page 2 of 2