HomeMy WebLinkAboutOrdinance 24757-03-2021 CITY OF FORT WORTH ORDINANCE NO. 24757-03-2021
CITY OF NEW FAIRVIEW ORDINANCE NO.CJQ UrA-a�u
JOINT ORDINANCE AND BOUNDARY AGREEMENT
WHEREAS, the City of New Fairview (hereinafter called "NEW FAIRVIEW") is a
Type A general law city located in Wise and Denton Counties; and
WHEREAS, the City of Fort Worth (hereinafter called "FORT WORTH") is a home
rule city located in Tarrant, Wise, Parker and Denton Counties; and
WHEREAS, NEW FAIRVIEW and FORT WORTH share an extraterritorial
jurisdiction("ETJ") boundary; and
WHEREAS, NEW FAIRVIEW and FORT WORTH desire to adjust the boundary
between the ETJ of the two cities to promote orderly development to ensure public safety and
effective delivery of municipal services; and
WHEREAS, Section 42.023 of the Texas Local Government Code authorizes a
municipality to reduce its ETJ by ordinance approved by its governing body; and
WHEREAS, Section 42.022 of the Texas Local Government Code authorizes a
municipality to expand its ETJ beyond the distance limitations in Section 42.021 if the owners
of the area of expansion request the expansion.
NOW,THEREFORE,BE IT ORDAINED AND MUTUALLY AGREED BY THE
CITY COUNCIL OF THE CITY OF NEW FAIRVIEW AND THE CITY COUNCIL OF
THE CITY OF FORT WORTH:
SECTION 1.
Pursuant to Section 42.023 of the Texas Local Government Code, FORT WORTH
agrees to release and hereby releases the 179.779 acre tract located in FORT WORTH's ETJ,
as described and shown in Exhibit"A", for the benefit of NEW FAIRVIEW.
SECTION 2
Pursuant to Section 42.022 of the Texas Local Government Code, NEW FAIRVIEW
has received a request, attached as Exhibit "B", from the owners of the 179.779 acre tract
described and shown in Exhibit"A"that NEW FAIRVIEW's ETJ be expanded to include said
tract. NEW FAIRVIEW approves the request and hereby accepts this tract into its ETJ and
expands its ETJ to include the 179.779 acre tract described and shown in Exhibit"A."
X1City Secretary\ORDINANCES\ORDINANCES-PROCESSED\2021\3 March\23rd\24757-03-2021.docx Page
1 of 4
SECTION 3.
This ordinance shall be cumulative of all provisions of the ordinances of the City of
New Fairview 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of such ordinances are hereby repealed.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 4.
It is hereby declared to be the intention of the City Councils of New Fairview and Fort
Worth 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 New Fairview and the City of Fort Worth do hereby covenant and agree to
protect, preserve and defend the herein described boundary adjustments.
SECTION 6.
The City of New Fairview 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 New Fairview and the City of Fort Worth by the adoption
of same in regular open city council meetings of the City of New Fairview and the City of Fort
Worth.
SECTION 8.
The Mayor of each city shall execute this Joint Ordinance and Boundary Agreement,
upon adoption by both cities, in duplicate originals.
X:\City Secretary\ORDI NAN CES\ORD I NANCES-PROCESSED\2021\3 March\23rd\24757-03-2021.docx Page
2 of 4
PASSED AND APPROVED by the City Council of the City of Fort Worth on this 23rd
day of March 2021.
�!layor
APPROVED AS TO FORM AND LEGALITY:
Melinda Ramos
Sr. Assistant City Attorney
� FORT�,O
O:
ATTEST: �J
Mary Kayser, e et yXAS
XACity Secretary\ORDINANCES\ORDINANCES-PROCESSED\2021\3 March\23rd\24757-03-2021.docx Page
3 of 4
PASSED AND APPROVED by the City Council of the City of New Fairview on
this day of , 2021.
ayor
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Att rney
XACity Secretary\ORDINANCES\ORDINANCES-PROCESSED\2021\3 March\23rd\24757-03-2021.docx Page
4 of 4
Attachment "A"
All that certain lot, tract, or parcel of land, situated in a portion of the James C.
Jack Survey, Abstract No. 679, Denton County, Texas, being part of that certain
called 320.025 acre tract described in a deed to Dove Hollow Development LLC
recorded in Instrument No. 2020-19757 of the Deed Records of Denton County,
Texas (DRDCT), and being more completely described as follows, to-wit:
BEGINNING at a P.K. nail set stamped "GOODWIN & MARSHALL" for the
Northeast corner of said 320.025 acre tract, the Northwest corner of Dove
Hollow, Phase 1 as recorded in Cabinet H, Slide 94 of the Plat Records of Denton
County, Texas (PRDCT), being in the South line of a called 723.822 acre tract
described in a deed to Royal Crest Properties, LLC recorded in Instrument No.
2017-121257 (DRDCT), and being in the approximate centerline of Dove Hollow
Lane;
THENCE South 00 deg. 01 min. 48 sec. West departing said South line and
centerline and continue along the East line of said 320.025 acre tract and the
West line of said Dove Hollow, Phase 1, a distance of 3,680.19 feet to a 1/2"
capped iron rod set stamped "GOODWIN & MARSHALL";
THENCE North 88 deg. 52 min. 22 sec. West along said East and West lines, a
distance of 6.71 feet to a 4" steel fence corner;
THENCE South 00 deg. 03 min. 21 sec. West along the East line of said 320.025
acre tract, the West line of said Dove Hollow, Phase 1, and the West line of Dove
Hollow, Phase 3 as recorded in Cabinet H, Slide 214 (PRDCT), a distance of
3,201.26 feet to a 1/2" capped iron rod found stamped "5439" for the Southeast
corner of said 320.025 acre tract;
THENCE North 89 deg. 59 min. 43 sec. West along the South line of said 320.025
acre tract, a distance of 2,042.75 feet to a P.K. nail set with washer stamped
"GOODWIN & MARSHALL" for the Southwest corner of said 320.025 acre tract
and being in the approximate centerline of South County Line Road;
THENCE North 00 deg. 15 min. 48 sec. East along the West line of said 320.025
acre tract and said centerline, a distance of 206.48 feet to a P.K. nail set with
washer stamped "GOODWIN & MARSHALL" for the Southwest corner of a called
1.789 acre right-of-way dedication recorded in a deed to Denton County, Texas
recorded in Instrument No. 2018-30901 (DRDCT);
THENCE South 89 deg. 27 min. 02 sec. East along the West line of said 320.025
acre tract and said right-of-way dedication, a distance of 31 .15 feet to a 1/2"
capped iron rod set stamped "GOODWIN & MARSHALL";
Page 1 of 2
W:\New Fairview\Fort Worth Boundary Swap\2021\10870-ANNEX-LGL.docx
Attachment"A"
THENCE North 00 deg. 32 min. 58 sec. East along said West line and right-of-way
dedication, a distance of 942.18 feet to a Point of Curvature of a non-tangent
circular curve to the left, having a radius of 2,640.00 feet, a central angle of 56
deg. 22 min. 29 sec., and being subtended by a chord which bears North 28
deg. 12 min. 06 sec. East - 2,494.05 feet;
THENCE in a northeasterly direction departing said West line and right-of-way
dedication and continue along said curve to the left, a distance of 2,597.57
feet;
THENCE North 00 deg. 06 min. 41 sec. East, a distance of 3,537.20 feet to the
North line of said 320.025 acre tract, the South line of said 723.822 acre tract,
and being in the approximate centerline of said Dove Hollow Lane;
THENCE South 89 deg. 50 min. 15 sec. East along said North and South line and
said approximate centerline, a distance of 827.87 feet to the POINT OF
BEGINNING, containing 7,831,152 square feet or 179.779 acres of land, more or
less.
Page 2 of 2
W:\New Fairview\Fort Worth Boundary Swap\2021\10870-ANNEX-LGL.docx
EXISTING NEW FAIRVIEW
CITY LIMIT LINE
ROYAL CREST PROPERTIES, LLC.
ANNEXATION
DOVE HOL Ow LANE �� OWNERSHIP MAP FOR
DOVE HOLLOW
I
I
— — 200'BUFFER�j
U
J I
W I ()
O LU I II
D-
> � Z
L
I w
0 w
— — O Z
C Q—
Q OLLJ Z v I II
OOC > w
W O I �Q
Z I Q�
I h
Z I
o DOVE I LOW
v� I
I
I
i
i w
i w � ®
3
i Ow a
x
0
C14X
Z
Z
Q
X
Z
Z
Q
z
Z
Z
O
11
O
V
O
Job No.: 10870 Scale: 1"=1000' Sheet
Drafted: J.N.R. Checked: J.N.R.
MARSHALL z
CIVIL ENGINEERS--PLANNERS-SURVEYORS Surveyed on the Ground: 10/2/2019 0
Of
0
2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 2/8/2021 0
(817)329-4373 j
TBPE REGISTRATION#F-2944 liJ
TBPLS#10021700 Revised: Revised:
1
,\p \
\ � \\\\\\,
MENIMMIN
\\\\ \\\\\\'
\\�\RENN\\amom
\ .
\.�`� E�O\\\„
\� .\ \
\�\\\\\\\\
.\ .
\ \� . \
.\
\ \� \
mwww
mggg\\\\\\\\\�O\\\\\`\\\O\' �"
SRI
\�\ \\\ \\\\\\
RMON
\ \ \ N:,
,\ \ \,1
\ �\\ \ \�\\\\\\\\\\\\,
\�\.�\ �\\\�,
1
i
•
\\ \
MEMEMENNNN
SON
IS
\� �\
INS, n
\\\\\\\�\\\\MM\\\\'
RMINNINIOS \ �.
\\\\\\-
\ \,
IS O\\\\ON \\\\\\�
Q \\\\\\\. \
ow, ON
\ \� Y
\\\\\\•amom mm /
.1 � \\\\\\R ,.
.. \.
\�
\\`�\ Ni
0\\\\\�\\\\\\�\\\\O, ,:
\ \:
nl \ � \\�O \ INRUNS -
EXHIBIT "B"
February 8,2021
Ms. Monica Rodriguez
City Secretary
City of New Fairview,Texas
999 Illinois Lane(FM 407)
New Fairview,Texas 76078
RE:Approximately 179.78 acres Located at the Northeast Quadrant of South County Line Road and Dove
Hollow Lane(Future Addition to Paloma Ranch Estates)
Dear Ms.Rodriguez:
As owner of the above referenced project,whose legal description is included as attachment A,I request
that the subject property be included in the Extra Territorial Jurisdiction(ETJ)of the City of New
Fairview.This is pursuant to the agreement between the City of Fort Worth and the City of New Fairview
as referenced in attachment B. Upon becoming Included in the ETJ it is our intent to annex and zone the
property within the City.
Please feel free to contact me or my engineer,Matt Goodwin,with any questions or comments.
Sincerely,
Dove Hollow Development LLC.
Mr.Ben McCaslin
Manager
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/23/21 M&C FILE NUMBER: M&C 21-0197
LOG NAME: 06BAX-21-001 FORT WORTH&NEW FAIRVIEW BOUNDARY ADJUSTMENT
SUBJECT
(ETJ near CD 7)Approve Joint Ordinance and Boundary Adjustment Agreement with the City of New Fairview to Release 179.779 Acres of Land
in the Extraterritorial Jurisdiction (ETJ)of the City of Fort Worth and Adjust the ETJs between the Cities of Fort Worth and New Fairview(Denton
County)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute Joint Ordinance and Boundary Adjustment Agreement with the City
of New Fairview to Release 179.779 Acres of Land in the Extraterritorial Jurisdiction(ETJ)of the City of Fort Worth and Adjust the ETJs between
the Cities of Fort Worth and New Fairview.
DISCUSSION:
The Texas Local Government Code Chapter 42, Sections 42.023 and 42.022 authorize adjacent municipalities to make mutually agreeable
changes in their boundaries,and release extraterritorial jurisdiction(ETJ)by Ordinance.Section 42.023 authorizes a muncipality to reduce its ETJ
by ordinance approved by its governing body.Section 42.022 authorizes a muncipality to expand its ETJ beyond the distance limitations in
Section 42.021 if the owners of the area of expansion request the expansion.The City of Fort Worth and the City of New Fairview wish to make
changes to the boundaries of each City which will promote orderly development,public safety,and effective delivery of municipal services.
Dove Hollow Development, LLC is proposing a new subdivision that will develop 320.025 acres for detached single-family residential uses.The
City of New Fairview City Limits encompasses 140.246 acres out of the development,and Fort Worth's ETJ encompasses the remaining 179.779
acres.The owner of the property has provided a letter requesting the expansion.The boundary adjustment will transfer the acreage from the ETJ of
the City of Fort Worth to the City of New Fairview(see Exhibit A).The property is not within Fort Worth's 20-Year Planned Service Area,and is over
three miles from Fort Worth City Limits.
The property is located in the extraterritorial jurisdiction adjacent to 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: New
Fairview
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City Funds.
Submitted for City Manager's Office b)L Dana Burghdoff 8018
Originating Business Unit Head: D.J. Harrell 8032
Additional Information Contact: Mary Elliott 7844