HomeMy WebLinkAboutOrdinance 19951-10-2011CITY OF RIVER OAKS ORDINANCE NO. 9a fail
CITY OF FORT WORTH ORDINANCE NO. 19951-10-2011
A JOINT ORDINANCE AND BOUNDARY AGREEMENT BETWEEN THE CITY OF
RIVER OAKS AND THE CITY OF FORT WORTH RELEASING AND ACCEPTING
CORPORATE LIMITS.
STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, the City of Fort Worth ("Fort Worth") is a home -rule city situated within
the Counties of Tarrant, Denton, Parker, and Wise, Texas; and
WHEREAS, the City of River Oaks ("River Oaks") is a home -rule city situated within
the County of Tarrant, Texas; and
WHEREAS, Fort Worth and River Oaks share common boundaries; and
WHEREAS, Castleberry High School is divided by this common boundary; and
WHEREAS, municipalities in Texas are authorized and empowered, pursuant to Chapter
43 of the Texas Local Government Code, to exchange area with other municipalities; and
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; and
WHEREAS, the tract of land subject to this Ordinance shown on Exhibit "A" and fully
described in Exhibit "B" is less than 1,000 feet in width; and
WHEREAS, Fort Worth and River Oaks desire to adjust their corporate boundary lines,
whereby Fort Worth will release land from its corporate limits to be relinquished to and become
part of the corporate limits of River Oaks, and River Oaks will accept this land from Fort Worth
to become part of the corporate limits of River Oaks; and
WHEREAS, the respective governing bodies of the cities hereby determine that this joint
ordinance is in the best interest of the health, safety, morals and welfare of the citizens of the
respective cities and hereby authorize the mayor of each city to execute this joint ordinance and
agreement.
NOW, THEREFORE, BE IT ORDAINED AND MUTALLY AGREED BY THE
CITY COUNCIL OF THE CITY OF RIVER OAKS AND THE CITY COUNCIL OF THE
CITY OF FORT WORTH:
Joint Ordinance and Boundary Agreement between City of River Oaks and City of Fort Worth Page 1
SECTION 1.
Pursuant to Sections 43.021 and 43.031 of the Texas Local Government Code, the City of
Fort Worth and the City of River Oaks hereby agree that the boundaries between the cities will
be adjusted as depicted in Exhibit "A", which is attached hereto and incorporated herein for all
purposes.
SECTION 2.
In accordance with the terms of this Joint Ordinance and Boundary Agreement, the City
of Fort Worth hereby relinquishes approximately 5.7 acres on Exhibit "A" and described in
Exhibit "B" to the City of River Oaks and disannexes and discontinues such property as part of
the City of Fort Worth. The City of River Oaks accepts and annexes the land depicted on
Exhibit "A" into its corporate limits.
SECTION 3.
This ordinance shall be cumulative of all provision of ordinances of the City of Fort
Worth and the City of River Oaks, 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 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, since the same would have been enacted without incorporation in this
ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section.
SECTION 5.
The City of Fort Worth and the City of River Oaks do hereby covenant and agree to
protect, preserve, and defend the herein depicted boundary adjustment.
SECTION 6.
The City of Fort Worth and the City of River Oaks agree and ordain that the adoption by
both cities of this Joint Ordinance and Boundary Agreement, and the boundary changes resulting
there from do not mitigate, diminish or lessen 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.
Joint Ordinance and Boundary Agreement between City of River Oaks and City of Fort Worth Page 2
SECTION 7.
The 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 Fort Worth and the City of River Oaks.
SECTION 8.
This Joint Ordinance and Boundary Agreement, upon adoption by both cities, shall be
executed in duplicate originals by the Mayor of each city.
APPROVED this 25th day of October, 2011.
CITY OF FORT WORTH, TEXAS
ATTEST:
City Secretary, Ciiy of Fort Worth
APPROVED AS TO FORM AND LEGALITY:
/74X--t6-2-zA--
CITY ATTORNEY
Joint Ordinance and Boundary Agreement between City of River Oaks and City of Fort Worth Page 3
SECTION 6.
The City of Fort Worth and the City of River Oaks do hereby covenant and agree to
protect, preserve, and defend the herein depicted boundary adjustment.
SECTION 7.
The City of Fort Worth and the City of River Oaks agree and ordain that the adoption by
both cities of this Joint Ordinance and Boundary Agreement, and the boundary changes resulting
there from do not mitigate, diminish or lessen 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 8.
The 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 Fort Worth and the City of River Oaks.
SECTION 9.
This Joint Ordinance and Boundary Agreement, upon adoption by both cities, shall be
executed in duplicate originals by the Mayor of each city.
APPROVED this 25th day of October, 2011.
CITY OF RIVER OAKS, TEXAS
ayor, City of Ri Oaks
ATTEST:
City Secrecy, Cit(of Rik,-r Oaks
Joint Ordinance and Boundary Agreement between City of River Oaks and City of Fort Worth Page 3
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Joint Ordinance and Boundary Agreement between City of River Oaks and City of Fort Worth Page 4
Project Case # BAX-1 1 -015
5.7 Acres Under Consideration for Dis-Annexation
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EXHIBIT B
Proposed area to dis-annex from the City of Fort Worth
and annex into the City of River Oaks
Metes & Bounds Description
PARCEL 1
Being 2.175 acres of land located in Lot 1, Block 2, A. Cozart Addition, an addition to the Cities
of River Oaks and Fort Worth, Tarrant County, Texas, according to the plat recorded in Cabinet
A, Slide 7300, Plat Records, Tarrant County, Texas. Said 2.175 acres of land being more
particularly described as follows:
BEGINNING at a point at the most Southerly Southwest corner of said Lot 1, lying
NOO°36'42"W 15.00 feet from a 3/4" iron rod found at the Southeast corner of a tract of
land described in the deed to Fireside Lodge of Fort Worth recorded in Volume 8454,
Page 1093, Deed Records, Tarrant County, Texas;
THENCE NOO°36'42"W, a distance of 379.61 feet along the common line of said Lot 1, and
Fireside Lodge tract to a point at the Northeast corner of said Fireside Lodge tract, being
an ell corner in said Lot 1;
THENCE N89° 11' 11 "E, a distance of 267.90 feet to a point in the West right-of-way line of
Churchill Road according to the plat of Lots 1 through 3, Block 1, White Settlement
Heights, an addition to the City of Fort Worth, Tarrant County, Texas recorded in
Volume 388-58, Page 565, Plat Records, Tarrant County, Texas, said point being an ell
corner in the east line of said Lot 1, Block 2, A. Cozart Addition;
THENCE along the East and South lines of said Lot 1, Block 2, A. Cozart Addition as follows:
1. S05°15'00"W, a distance of 385.69 feet to a point at the Southeast corner of said Lot 1,
Block 2, A. Cozart Addition;
2. N89°49'42"W, a distance of 228.53 feet to the point of beginning, containing 2.175
acres of land, more or less.
PARCEL 2
Being 3.496 acres of land located in Lot 1, Block 2, A. Cozart Addition, an addition to the Cities
of River Oaks and Fort Worth, Tarrant County, Texas, according to the plat recorded in Cabinet
A, Slide 7300, Plat Records, Tarrant County, Texas and in Melbourne Drive. Said 3.496 acres of
land being more particularly described as follows:
BEGINNING at a 5/8" iron rod at the Southeast corner of Lot 8, Block 12, Clyde W. Mays
Addition to the Cities of Fort Worth and River Oaks, Tarrant County, Texas according to
the plat recorded in Volume 388-H, Page 115, Plat Records, Tarrant County, Texas, said
5/8 "iron rod being the intersection of the West right-of-way line of Frontier Street with
the North Right-of-way line of Melbourne Drive;
THENCE S89°47'55"E, along said North right-of-way line of Melbourne Drive, at a distance of
49.89 feet passing a 5/8" iron rod found at the Southwest corner of Lot 1, Block 1, A.
Cozart Addition according to said plat recorded in Cabinet A, Slide 7300, in all,
continuing along the South line of said Lot 1, Block 1, A. Cozart Addition a distance of
121.21 feet to a point;
THENCE S00°05'48"E, passing the South right-of-way line of Melbourne Drive, in all
continuing along the East right-of-way line of Frontier Street as closed by city ordinance
No. 5896 a distance of 858.64 feet to a point in the South line of said Lot 1, Block 2, A.
Cozart Addition;
THENCE along the South, West, and North lines of said Lot 1, Block 2, A. Cozart Addition as
follows:
1. S89°11'11"W, a distance of 180.82 feet to a point at the most Westerly Southwest
corner of said Lot 1, Block 2, A. Cozart Addition;
2. N00°05'48"W, a distance of 806.85 feet to a point at the Northwest corner of said Lot
1, Block 2, A. Cozart Addition, from which an 1/2" iron rod found at the Northeast
corner of Lot 129-B, Hassett Gardens, an addition to the City of Fort Worth, Tarrant
County, Texas according to the plat recorded in Volume 388, Page 53, Plat Records,
Tarrant County, Texas, bears N00°05'48"W a distance of 5.76 feet;
3. S89°47'55"E, a distance of 59.31 feet to a point;
THENCE NOO°12'05"E, a distance of 55.00 feet to the point of beginning, containing 3.496 acres
of land, more or less.
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, October 25, 2011
LOG NAME: 065030 ADOPT BAX 11-015
SUBJECT:
REFERENCE NO.: PZ-2960
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 by Disannexing Approximately 5.7 Acres
Located North of White Settlement Road and West of Churchill Street, BAX-11-015, Castleberry High
School (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a Joint Ordinance and Boundary Agreement with the City of River Oaks whereby the Cities
of Fort Worth and River Oaks mutually agree on a realignment of the city limit boundary by disannexing
and discontinuing from the Fort Worth corporate limits approximately 5.7 acres of land, located north of
White Settlement Road and west of Churchill Street; and
2. Authorize the Mayor to execute the attached Joint Ordinance and Boundary Agreement.
DISCUSSION:
In order to promote orderly growth and development, the City of Fort Worth and the City of River Oaks
wish to realign their jurisdiction boundaries with a Joint Ordinance and Boundary Agreement to define the
common boundaries of the two cities adjacent to Castleberry High School. Chapter 43, Section 43.021, of
the Texas Local Govemment Code, authorizes adjacent municipalities to make mutually agreeable
changes in their boundaries for areas less than 1,000 feet in width. Under the proposed Agreement, Fort
Worth would relinquish approximately 5.7 acres to River Oaks. This Agreement will benefit citizens of both
cities and will allow for efficient planning and delivery of municipal services.
The subject property is situated within the City of Fort Worth, north of White Settlement Road and west of
Churchill Street. The land is currently owned by Castleberry Independent School District (ISD) and
developed as a high school proposed for additional expansion. Approval of this Joint Ordinance and
Boundary Agreement would result in a transfer of 5.7 acres from the City of Fort Worth to the City of River
Oaks. The Castleberry ISD supports the boundary adjustment.
If approved, this action will result in an adjustment to 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:
Loename: 065010 ADOPT RAX 11-015
PaaP 1 of
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for Citv Manager's Office bv:
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Randle Harwood (6101)
Beth Knight (8190)
Loename: 065030 ADOPT BAX 11-015
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