HomeMy WebLinkAboutOrdinance 24347-08-2020 ORDINANCE NO. 24347-08-2020
AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE
RETRACTION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT
WORTH; PROVIDING FOR THE DISANNEXATION OF A CERTAIN 59.62
ACRES OF LAND, MORE OR LESS, OUT OF THE G.W. SHAMBLIN SURVEY,
ABSTRACT 1191 AND LEWIS MEDLIN SURVEY ABSTRACT NO.830,DENTON
COUNTY, TEXAS, PURSUANT TO SECTION 43.142 LOCAL GOVERNMENT
CODE,WHICH SAID TERRITORY LIES WITHIN THE PRESENT CORPORATE
BOUNDARY LIMITS 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, in 1997 Fort Worth and Northlake adopted the 1997 Joint Resolution (City
Secretary Contract No.23202),according to which each municipality reduced its ETJ and allocated
such territory exclusively to the other municipality;
WHEREAS, in 1997 Fort Worth and Northlake entered into Interlocal Agreement (City
Secretary Contract No. 23201),to provide for a uniform wholesale water contract;to provide for a
Joint Resolution and Agreement for the adjustment of the extraterritorial jurisdiction ETJ)
boundaries between the two cities and to provide for a revenue sharing arrangement;and
WHEREAS, in April 2020, Northlake and Fort Worth executed a new Interlocal agreement
(CSC No.53967)to affirm and adjust corporate and ETJ boundaries between the two cities that was
unsettled by the decision that resulted from the 2015 litigation between Northlake and the Town of
Justin and to allocate additional ETJ areas to one another;and
WHEREAS,CSC No. 53967 also provides for additional exchanges and boundary adjustments
of City of Fort Worth corporate limits in exchange forthe amendmentto CSC No.23201 to delete all
references to the municipal services- revenue sharing provision;and
WHEREAS, the hereinafter described territory lies within the corporate limits of the City of
Fort Worth, Texas, a home-rule city; and
WHEREAS,pursuant to the City's authority under its home-rule powers and Section 43.142 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 will be annexed by Northlake;
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS:
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SECTION 1.
That the following described land and territory within the corporate limits of 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:
Tract 8
Being a tract of land in the G. W.Shamblin Survey,Abstract No. 1191,Denton County,Texas,being
a part of that called 38. 85 acre tract of land described in Warranty Deed to Puskoor M. Kumar as
recorded in Document No. 2014- 37967 as recorded in the Official Records of Denton County,
Texas,being a part of Elizabethtown Cemetery Road variable width right-of-way),and being more
particularly described as follows:
BEGINNING at the intersection of the east right-of-way line of Elizabethtown Cemetery Road and
the north right-of-way line of Elizabethtown Cemetery Road,being North 46 degrees 53 minutes 53
seconds East, a distance of 36. 36 feet more or less from the southeast corner of said called 38.85
acre tract of land, and being in the south line of said Shamblin Survey;
THENCE North 89 degrees 39 minutes 46 seconds West, along said north right-of-way line, a
distance of 672. 10 feet more or less to a point for corner at the intersection of said north right-of-
way line and the west right-of-way line of said Elizabethtown Cemetery Road;
THENCE South 02 degrees 10 minutes 14 seconds West, along said west right-of-way line, a
distance of 25. 01 feet more or less,to a point for corner on the south line of said Shamblin Survey;
THENCE North 89 degrees 39 minutes 46 seconds West,along said south line,a distance of 699.35
feet more or less, to a point for corner on the east right-of-way line of Interstate Highway 35W
(variable width right-of-way);
THENCE North 30 degrees 18 minutes 02 seconds East,along said east right-of-way line,a distance
of 367. 63 feet, more or less to a point for corner;
THENCE South 59 degrees 41 minutes 58 seconds East,along said east right-of-way line,a distance
of 13. 33 feet, more or less to a point for corner;
THENCE North 30 degrees 18 minutes 02 seconds East, continuing along said east right-of-way
line, a distance of 77. 66 feet, more or less to a point for corner;
THENCE North 59 degrees 41 minutes 58 seconds West, continuing along said east right-of-way
line, a distance of 13. 33 feet, more or less to a point for corner;
THENCE North 30 degrees 18 minutes 02 seconds East, continuing along said east right- of-way
line,a distance of 1,740.42 feet more or less,to the south line of that called 1.717 acre tract of land
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described in Town of Northlake Ordinance No. 98- 0813 A, as recorded in Document No. 99-
R0005147 in the Deed Records of Denton County, Texas D. R.D. C. T.);
THENCE South 85 degrees 37 minutes 56 seconds East, departing said east right- of way line, a
distance of 292. 19 feet more or less to the southeast corner of said called 1. 717 acre tract of land,
and being on the called west right-of-way line of Elizabethtown Cemetery Road;
THENCE North 01 degree 32 minutes 56 seconds West,along the east line of said called 1.717 acre
tract of land,a distance of 418. 89 feet,more or less to the northeast comer of said called 1.717 acre
tract of land;
THENCE North 46 degrees 43 minutes 38 seconds East,departing said east line,a distance of 34.03
feet more or less to a point for corner on the west line of that called 55. 6133 acre tract of land
described in City of Northlake Ordinance No. 97- 0703 A, as recorded in Document No. 97-
R0065302 D. R. D. C. T., and being in Elizabethtown Cemetery Road;
THENCE South 01 degree 44 minutes 42 seconds East, along said west line,a distance of 308. 76
feet more or less,to a point for corner;
THENCE South 01 degree 17 minutes 46 seconds East,continuing along said west line,a distance of
603. 55 feet more or less, to a point for corner;
THENCE South 03 degrees 10 minutes 03 seconds West,continuing along said west line,a distance
of 288. 56 feet more or less,to a point for corner;
THENCE South 04 degrees 23 minutes 27 seconds West,continuing along said west line,a distance
of 90. 85 feet more or less,to the southwest corner of said called 55. 613 acre tract of land;
THENCE South 03 degrees 27 minutes 30 seconds West,along said Elizabethtown Cemetery Road,
a distance of 1, 026. 03 feet more or less, to the POINT OF BEGINNING AND CONTAINING 1,
618,784 square feet or 37. 16 acres of land, more or less.
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Tract 9
Being a tract of land in the Lewis Medlin Survey Abstract No. 830,Denton County,Texas, being all
of Lot 1X, Block 26, Chadwick Farms Addition, an addition to the City of Fort Worth, Denton
County, Texas, as recorded in Document No. 2009-218 as recorded in the Plat Records of Denton
County, Texas(P. R. D. C. T.),all of the right-of-way dedication for Chadwick Parkway as shown
on said Document No.2009-218,being all of Lot 1,Block 25 of Lot 1X,Block 24 and Lot 1, Block
25,Chadwick Farms Addition as recorded in DocumentNo.2010-2 P.R.D.C.T.,a part of Cleveland
-Gibbs Road Right-of-Way,an addition to the City of Fort Worth,Denton County,Texas as recorded
in Document No. 2009-30 P. R. D.C.T.( 120 foot wide right-of-way),and being more particularly
described as follows:
BEGINNING at a common ell corner of said Lot IX, Block 26 and an ell corner of that called
107.621 acre tract of land described in Town ofNorthlake Ordinance No.0 1-0614 A as recorded in
Document No. 2001 -RO1 15089 in the Deed Records of Denton County,Texas;
THENCE North 88 degrees 11 minutes 04 seconds East, along a south line of said called 107.621
acre tract of land, passing the most easterly northeast corner of said Lot 1X, Block 26, and the
northwest right-of-way of said Cleveland Gibbs Road at a distance of 75. 55 feet more or less, and
continuing for a total distance of 246. 66 feet, more or less to a point for corner on the southeast
right-of-way of said Cleveland Gibbs Road;
THENCE South 43 degrees 39 minutes 09 seconds West, departing said south line and along said
southeast right- of-way line a distance of 138. 68 feet more or less, to the point of curvature of a
circular curve to the left,having a radius of 1, 740. 00 feet, whose chord bears South 31 degrees 13
minutes 15 seconds West, a distance of 749. 15 feet more or less;
THENCE Southwesterly,along said southeast right-of-way line and along said circular curve to the
left,through a central angle of 24 degrees 51 minutes 47 seconds,an arc length of 755.06 feet more
or less to a point for corner;
THENCE South 18 degrees 47 minutes 22 seconds West, continuing along said southeast right-of-
way line, a distance of 16. 35 feet, more or less to a point forcorner;
THENCE North 74 degrees 04 minutes 18 seconds West,departing said southeast right-of-way line,
passing the southeast corner of said Lot 1, Block 25 and the northwest right-of-way line of said
Cleveland-Gibbs Road at a distance of 120. 15 feet, more or less and continuing a total distance of
392. 64 feet more or less, to a point for corner;
THENCE North 53 degrees 41 minutes 04 seconds West,along the westerly line of said Lot 1,Block
25, a distance of 144. 99 feet more or less, to a point for corner;
THENCE North 26 degrees 38 minutes 12 seconds West, continuing along said westerly line, a
distance of 113. 17 feet more or less, to a point for corner;
THENCE North 36 degrees 13 minutes 10 seconds West, continuing along said westerly line, a
distance of 406. 87 feet more or less,to a point for comer;
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THENCE North 35 degrees 56 minutes 11 seconds West, continuing along said westerly line, a
distance of 417. 06 feet more or less,to a point for corner;
THENCE North 50 degrees 16 minutes 30 seconds West, continuing along said westerly line, a
distance of 132. 11 feet more or less, to a point for corner on the northwest corner of said Lot 1,
Block 25 and being on the south line of said called 107.621 acre tract of land;
THENCE North 88 degrees 10 minutes 47 seconds East,departing said westerly line and along the
southerly line of said called 107. 621 acre tract of land,a distance of 1,379.62 feet more or less,to a
point for a common ell corner of said called 107. 621 acre tract of land and the northeast corner of
Lot 1 X, Block 26;
THENCE South 00 degrees 42 minutes 43 seconds West, continuing along said southerly line, a
distance of 340.33 feet more or less,to the POINT OF BEGINNING AND CONTAINING 978, 159
square feet or 22. 46 acres of land, more or less.
SECTION 2.
That the above described territories are shown on Map Exhibit"A"which are 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 to the extent applicable under State law,Northlake agrees to compensate the property
owners for any propertytax refund due under Texas Local Government Code 43.148
SECTION 4.
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 5.
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 6.
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
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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 by the City Council without the incorporation in this ordinance of any
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7.
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 S.
That this ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
Melinda Ramos(Aug 31,202010:14 CDT)
Melinda Ramos, Sr. Assistant City Attorney Mary Kayser, City Secretary
ADOPTED AND EFFECTIVE: August 25, 2020
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EXHIBIT A
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Disannexation DAX-20-001 Exhibit
Release of Approximately 59.62 Acres from Council District 7
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0 425 850 1,700 Feet
Fort Worth 1-
Manning&Develop.ant Department
DESIGNATION 810612020
Full Purpose Adjacent Cities 1:14,400
Limited Purpose Pur Count Boundaries COPYRIGHT 2020 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
p County 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
Extraterritorial Jurisdiction Subject Properties 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
DATE: 08/25/20 MSC FILE NUMBER: M&C 20-0605
LOG NAME: 065030 DISANNEXATIONS ADJACENT TO NORTHLAKE
SUBJECT
(CD 7)Adopt Ordinance for the Disannexation of Approximately 59.62 Acres Located in the G.W.Shamblin Survey,Abstract No. 1191 and Lewis
Medlin Survey Abstract No.830, Denton County,Texas, DAX-20-001,Adjacent to Northlake
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance disannexing and discontinuing from the corporate limits approximately 59.62
acres of land, located in the G.W. Shamblin Survey,Abstract No. 1191 and Lewis Medlin Survey Abstract No.830,Denton County,Texas,DAX-20-
001.
DISCUSSION:
In 1997 Fort Worth and Northlake adopted the 1997 Joint Resolution(City Secretary Contract No.23202),according to which each municipality
reduced its ETJ and allocated such territory exclusively to the other municipality.In 1997 Fort Worth and Northlake entered into Interlocal
Agreement(CSC No.23201),to provide for a uniform wholesale water contract;to provide for a Joint Resolution and Agreement for the
adjustment of the extraterritorial jurisdiction(ETJ)boundaries between the two cities and to provide for a revenue sharing arrangement.
In April 2020,Northlake and Fort Worth executed a new Interlocal Agreement(CSC No.53967)to affirm and adjust corporate and ETJ boundaries
between the two cities unsettled by the decision that resulted from the 2015 litigation between Northlake and the Town of Justin and to allocate
additional areas to one another.CSC No.53967 also provides for additional exchanges and boundary adjustments of City of Fort Worth corporate
limits in exchange for the amendment to CSC No.23201 to delete all references to the municipal services-revenue sharing provision.
The subject territory lies within the corporate limits of the City of Fort Worth,Texas,a home-rule city. Pursuant to the City's authority under its home-
rule powers and Section 43.142 of the Texas Local Government Code,the City Council of the City of Fort Worth has the authority to disannex
property.The territory disannexed by the City of Fort Worth will be annexed by Northlake.
If disannexed,this property will be removed from COUNCIL DISTRICT 7.
A Form 1295 is not required because:This contract will be with a governmental entity,state agency or public institution of higher education:
Northlake
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on City funds.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: D.J. Harrell 8032
Additional Information Contact: Mary Elliott 7844