Loading...
HomeMy WebLinkAboutOrdinance 24956-06-2021 CITY OF FORT WORTH ORDINANCE NO. 24956-06-2021 CITY OF ALEDO ORDINANCE NO. JOINT ORDINANCE AND BOUNDARY AGREEMENT WHEREAS, the City of Aledo (hereinafter called "ALEDO") is a Type A general law city located in Parker County; 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, ALEDO and FORT WORTH share an extraterritorial jurisdiction ("ETJ") boundary; and WHEREAS,ALEDO 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, Aledo has estimated its inhabitants at greater than 5,000 and has an ETJ of one mile. NOW, THEREFORE, BE IT ORDAINED AND MUTUALLY AGREED BY THE CITY COUNCIL OF THE CITY OF ALEDO 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 228-acre tract located in FORT WORTH's ETJ, as described and shown in Exhibit "A", for the sole benefit of ALEDO, and ALEDO hereby agrees to accept the tract into its ETJ. SECTION 2. This ordinance shall be cumulative of all provisions of the ordinances of the City of Aledo 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with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.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 3. It is hereby declared to be the intention of the City Councils of Aledo 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 C:\Users\GarciaP\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\K5KM4CH2\2021 Joint Ordinance-Boundary Agreement 6.17 rev.docx Page 1 of 4 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 4. The City of Aledo and the City of Fort Worth do hereby covenant and agree to protect, preserve and defend the herein described boundary adjustments. SECTION 5. The City of Aledo 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 6. This Joint Ordinance and Boundary Agreement shall become effective and shall become a binding agreement upon the City of Aledo and the City of Fort Worth by the adoption of same in regular open city council meetings of the City of Aledo and the City of Fort Worth. SECTION 7. The Mayor of each city shall execute this Joint Ordinance and Boundary Agreement, upon adoption by both cities, in duplicate originals. PASSED AND APPROVED by the City Council of the City of Fort Worth on this 22nd day of June 2021. _&&I Mayor APPROVED AS TO FORM AND LEGALITY: \ f1 Melinda Ramos Sr. Assistant City Attorney C:\Users\GarciaPWppData\Local\Microsoft\Windows\INetCache\Content.Outlook\K5KM4CH2\2021 Joint Ordinance-Boundary Agreement 6.17 rev.docx Page 2 of 4 ATTI=CT- ary Kayser, City Secr .�XAS C:\Users\GarciaP\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\K5KM4CH2\2021 Joint Ordinance-Boundary Agreement 6.17 rev.docx Page 3 of 4 PA$Sf D AND APPROVED by the City Council of the City of Aledo on this day of , 2021. M or ````►�►►►ntiiuuiy,,i ATTEST: ��``�y pF s.e *; SEIAL City Secretary . TEX APPROVED AS TO FORM AND LEGALIf�!��rittt►►►"�° City Attorney C:lUserslGarciaPlAppDatalLocallMicrosoftlWindowsllNetCachelContent.OutlooklK5KM4CH212021 Joint Ordinance-Boundary Agreement 6.17 rev.docx Page 4 of 4 M r- N EXHIBIT A 3 N Z 0 W E S 0 1000 2000 I HWY. 20 GRAPHIC SCALE IN FEET I FORT WORTH I TRACT L� FORT WORTH JOHN HENRY DEAN III E.T.✓ PARCEL 4 HWY. 30 VOL. 1441, PG. 424 C.R.P.C.T. titer I 20 I FORT WORTH TRACT PROPOSED FUTURE BANKHEAD HIGHWAY O I Uj tat a F JOHN HENRY DEAN III o 0 PARCEL 5 o §- VOL. 1441, PG. 424 ao C.R.P.C.T. I a_ d 228.24 1,588.87 ACRES ACRES 0 0 T � N O IN_ � I FORT WORTH E.T.J. 7 r 0 n N 0 "This document was prepared under 22 TAC 138.95,does not reflect o the results of an on the ground survey,and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." !!^PELOTON III'I LAND SOLUTIONS 1SCO TX750RISCO 3 469-21 -10 JOB#: DRH2O004 DRAWN BY: DK CHECKED BY: NAME DATE: 6/16/2021 PAGE#: I OF 5 FRISCO,TX 75033 469-213-1600 DWG NAME G:\JOB\DRH20UO4-DEAN-RANCHI\MASTERDEV\-SUR\DRH20004-SK.DWG PLOT DATE: 6 16 2021 u� m m r Ln DESCRIPTION(FORT WORTH TRACT): 70 BEGINNING AT THE NORTHWEST CORNER OF PRAIRIE RIDGE ESTATES,AN ADDITION TO PARKER Q COUNTY; 0 0 THENCE SOUTH 89027'40"WEST,583.34 FEET; THENCE NORTH 00056'40" WEST, 1763.44 FEET TO THE SOUTH LINE OF INTERSTATE 20; THENCE WITH THE SOUTH LINE OF INTERSTATE 20 THE FOLLOWING COURSES: SOUTH 83020'44"EAST,50.49 FEET; SOUTH 75000'38"EAST,304.95 FEET; SOUTH 81021'46"EAST,98.39 FEET; SOUTH 88017'04"EAST,300.57 FEET; SOUTH 77042'23"EAST,401.56 FEET; SOUTH 71023'14"EAST,406.80 FEET; SOUTH 77058'07"EAST,200.67 FEET; SOUTH 70026'15"EAST,458.91 FEET; WITH A CURVE TO THE LEFT HAVING A RADIUS OF 2893.79 FEET,A DELTA ANGLE OF 11028,39",A CHORD BEARING OF SOUTH 76014'26"EAST,AND A CHORD LENGTH OF 578.72 FEET,ALONG SAID CURVE AN ARC LENGTH OF 579.69 FEET; SOUTH 81059'32"EAST,623.96 FEET; WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 121.00 FEET,A DELTA ANGLE OF 49023,34",A CHORD BEARING OF SOUTH 56050'45"EAST,A CHORD LENGTH OF 101.11 FEET,ALONG SAID CURVE AN ARC LENGTH OF 104.31 FEET,TO THE WEST LINE OF F.M. 1187; THENCE WITH THE WEST LINE OF F.M. 1187 THE FOLLOWING COURSES: SOUTH 08014'32"EAST,324.27 FEET; SOUTH 07051'40"EAST 2177.58 FEET; WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 1859.86 FEET,A DELTA ANGLE OF 24007,46", A CHORD BEARING OF SOUTH 04014'56" WEST,A CHORD LENGTH OF 777.48 FEET,ALONG SAID CURVE ARC LENGTH OF 783.25 FEET; THENCE DEPARTING THE WEST LINE OF F.M. 1187,NORTH 88°59'05"EAST,2067.00 FEET; THENCE NORTH 66021'56"EAST, 197.26 FEET; THENCE SOUTH 85053'04" EAST,950.20 FEET; THENCE SOUTH 89023'04"EAST,2536.63 FEET; 0 '= THENCE SOUTH 68038'04"EAST,2000.41 FEET; n THENCE NORTH 79037-01"EAST, 833.51 FEET; THENCE SOUTH 000 18'57" WEST,6780.76 FEET; THENCE WEST,6484.80 FEET; Ln THENCE NORTH 00038'41" WEST,937.06 FEET; THENCE SOUTH 89008'47" WEST, 784.86 FEET; o CONTINUED ON NEXT PAGE P E LOTO N �III� LAND SOLUTIONS 11000 FRISCO ST.SUITE 40o JOB#: DRH2O004 DRAM, BY: DK HF.I:KED BY: NAME DATE. 6/16/2021 PAGE#: 2 OF 5 F UIS4:� T- ?SW3 VA-21SIV4 4 N.4WE G: 4Rri u �EIJI, urp+ �+� 6E R 20j1_SK.4wG F4 i DATE: 66 2071 m DESCRIPTION(FORT WORTH TRACT contd.): U) ii 9 THENCE SOUTH 89031'34" WEST,357.78 FEET; X o THENCE NORTH 00008'56" EAST, 1090.76 FEET; 8 to -10 THENCE NORTH 43008'45" EAST,397.24 FEET; PL cn 00 THENCE NORTH 46051'l5" WEST, 543.35 FEET; THENCE NORTH,478.39 FEET; THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 2474.96 FEET,A DELTA ANGLE OF 06012'30",A CHORD BEARING OF NORTH 67021'22" WEST,A CHORD LENGTH OF 268.04 FEET,ALONG SAID CURVE AN ARC LENGTH OF 268.17 FEET; THENCE NORTH 25044'52" EAST, 141.03 FEET; THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 800.00 FEET,A DELTA ANGLE OF 38032'13",A CHORD BEARING OF NORTH 45022'10" EAST,A CHORD LENGTH OF 527.99 FEET,ALONG SAID CURVE AN ARC LENGTH OF 538.08 FEET; THENCE NORTH 64038'16" EAST, 301.12 FEET; THENCE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 1500.00 FEET,A DELTA ANGLE OF 18015'11",A CHORD BEARING OF NORTH 55030'41" WEST,A CHORD LENGTH OF 475.85 FEET,ALONG SAID CURVE AN ARC LENGTH OF 477.87 FEET; THENCE NORTH 32042'27" WEST,2574.59 FEET; THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 1443.78 FEET,A DELTA ANGLE OF 20015'27",A CHORD BEARING OF SOUTH 82050'57" WEST,A CHORD LENGTH OF 507.81 FEET,ALONG SAID CURVE AN ARC LENGTH OF 510.46 FEET; THENCE SOUTH 28058'30" WEST, 126.02 FEET; 0 0 THENCE NORTH 80003'38" WEST,495.02 FEET TO THE CENTER OF EAST BANKHEAD HIGHWAY; s N THENCE WITH THE CENTER OF EAST BANKHEAD HIGHWAY THE FOLLOWING COURSES: 0 NORTH 80013'13" WEST, 131.81 FEET; s NORTH 580 16'08" WEST,406.68 FEET; NORTH 69007'05" WEST, 312.26 FEET; NORTH 7301 1'39" WEST, 1450.87 FEET; a 1n C THENCE DEPARTING EAST BANKHEAD HIGHWAY NORTH 00053'27"EAST,2636.23 FEET,TO THE PLACE OF BEGINNING AND CONTAINING 1,588.87 ACRES(69,211,256 SQUARE FEET)OF LAND,MORE OR LESS. o P E LOTO N LAND SOLUTIONS AM77777 1 SCO TX 750 ST.SUITE-1 0 JOB#: DRH2O004 DRAWN BY: DK CHECKED BY: NAME DATE: 6/16/2021 PAGE#: 3 OF 5 FRISCO,TX 75033 469-213-1800 DWG NAME G:\JOB\DRH20004-DEAN-RANCH\MASTERDEV\-SUR\DRH20UU4_SK.DWG PLOT DATE: 6 16 2021 m DESCRIPTION(PROPOSED ALEDO TRACT): N m l 3 COMMENCING AT THE NORTHEAST CORNER OF ROLLING HILLS ADDITION,AND ADDITION TO THE X m CITY OF ALEDO, PARKER COUNTY, TEXAS; z 0 o THENCE SOUTH 89008'47" WEST, 784.86 FEET; w CD THENCE SOUTH 89031'34" WEST,357.78 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89031'34" WEST, 801.47 FEET; THENCE SOUTH 89018'26" WEST, 1183.42 FEET TO THE EAST LINE OF F.M. I 187; THENCE WITH THE EAST LINE OF F.M. 1 187 THE FOLLOWING COURSES: NORTH 01°1 1'52" EAST,977.65 FEET; WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 5679.58 FEET,A DELTA ANGLE OF 02036'07, A CHORD BEARING OF NORTH 02036'22" EAST,A CHORD LENGTH OF 257.9I FEET,ALONG SAID CURVE AN ARC LENGTH OF 257.93 FEET; NORTH 03048'39"EAST,29I.49 FEET; WITH CURVE TO THE LEFT HAVING A RADIUS OF 5779.58 FEET, A DELTA ANGLE OF 03°25,01",A CHORD BEARING OF NORTH 02007'26" EAST,A CHORD LENGTH OF 344.63 FEET,ALONG SAID CURVE AN ARC LENGTH OF 344.68 FEET; NORTH 00025'14" EAST, 1425.38 FEET; WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 2814.79 FEET,A DELTA ANGLE OF 28-35'52", A CHORD BEARING OF NORTH 14039'40" EAST,A CHORD LENGTH OF 1390.39 FEET,ALONG SAID CURVE AN ARC LENGTH OF I404.93 FEET; NORTH 28058'30"EAST, 815.52 FEET; THENCE DEPARTING THE EAST LINE OF F.M. 1187, WITH A CURVE TO THE LEFT HAVING A RADIUS OF 1443.78 FEET,A DELTA ANGLE OF 20015'27",A CHORD BEARING OF NORTH 82-50,57" EAST,A CHORD LENGTH OF 507.81 FEET,ALONG SAID CURVE AN ARC LENGTH OF 510.46 FEET; THENCE SOUTH 32042'27" EAST,2574.59 FEET; o THENCE WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 1500.00 FEET,A DELTA ANGLE OF 18015'1 1",A CHORD BEARING OF SOUTH 55030'41" WEST,A CHORD LENGTH OF 475.85 FEET,ALONG s rt SAID CURVE AN ARC LENGTH OF 477.87 FEET; N O THENCE SOUTH 64038'16" WEST,301.12 FEET; 0 ° THENCE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 800.00 FEET,A DELTA ANGLE OF 38032'13", a A CHORD BEARING OF SOUTH 45022'10" WEST,A CHORD LENGTH OF 527.99 FEET,ALONG SAID CURVE o AN ARC LENGTH OF 538.08 FEET; rt O THENCE SOUTH 25044'52" WEST, 14I.03 FEET; o ii CONTINUED ON NEXT PAGE P E LOTO N I' LAND SOLUTIONS 11000 FRISCO ST.SUITE 400 JOB#: DRH2O004 DRAWN BY: DK CHECKED BY: NAME DATE: 6/16/2021 PAGE#: 4 OF 5 FRISCO,TX 75033 469-213-1800 DWG NAME G: JOB DRH2O004_DEAN-RANCH MASTERDE _SUR DRH2O004_SK.DWG PLOT DATE: 6 16 2021 rn r r (A DESCRIPTION(PROPOSED ALEDO TRACT contd.): zi o THENCE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 2474.96 FEET,A DELTA ANGLE OF 0 06°I2'30",A CHORD BEARING OF SOUTH 67°21'22" EAST,A CHORD LENGTH OF 268.04 FEET,ALONG SAID to CURVE AN ARC LENGTH OF 268.17 FEET; co m THENCE SOUTH,478.39 FEET; THENCE SOUTH 46°51'l5" EAST, 543.35 FEET; THENCE SOUTH 43008'45" WEST,397.24 FEET; THENCE SOUTH 00°08'56" WEST, 1090.76 FEET;TO THE PLACE OF BEGINNING AND CONTAINING 228.24 ACRES(9,942,300 SQUARE FEET)OF LAND,MORE OR LESS. 0 0 3 rt A N O N N O O 7 r 0 a 0 0 c 0 N 7 O P E LOTO N III' LAND SOLUTIONS 11000 FRISCO T.SUITE 400 JOB#: DRH2O004 DRAWN BY: DK CHECKED BY: NAME DATE: 6/16/2021 PAGE#: 5 OF 5 FRISCO,TX 75033 469-213-1600 DWG NAME C: JOB DRH20004-DEAN-RANCH MASTERDE SUR DRH2O004_SK.DWG PLOT DATE: 6 18 2021 City of Fort Worth,Texas Mayor and Council Communication DATE: 06/22/21 M&C FILE NUMBER: M&C 21-0438 LOG NAME: 06BAX-21-003 FORT WORTH&ALEDO BOUNDARY ADJUSTMENT SUBJECT (ETJ near CD 3)Approve Attached Joint Ordinance and Boundary Adjustment Agreement with the City of Aledo to Release 228 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 Aledo(Parker 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 Aledo to Release 228 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 Aledo. 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 or ordinance or resolution.Section 42.023 authorizes a municipality to reduce its ETJ by ordinance or resolution approved by its governing body.Section 42.022 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.The City of Fort Worth and the City of Aledo wish to make changes to the boundaries of each City which will promote orderly development, public safety,and effective delivery of municipal services. The City of Aledo has contacted the City to ask Fort Worth to consider releasing a 228-acre portion of the Dean Ranch.The property is adjacent to the Aledo city limits,is located on the eastern side of FM 1187 at the gateway to Aledo and drains toward Aledo.The Dean Ranch property owners and the DR Horton development team have agreed to this ETJ release to Aledo. DR Horton is proposing a new subdivision that will develop 228 acres for detached single-family residential uses.The boundary adjustment will transfer the acreage from the ETJ of the City of Fort Worth to the City of Aledo(see Exhibit A). The land is outside the certificate of convenience and necessity of the City of Fort Worth's water utility,and its topography would make providing sewer service to the property more challenging. In addition,the area is at the far western edge of that portion of Fort Worth's ETJ. The property is located in the extraterritorial jurisdiction adjacent to COUNCIL DISTRICT 3. A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity. 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 by: Dana Burghdoff 8018 Originating Business Unit Head: D.J.Harrell 8032 Additional Information Contact: Mary Elliott 7844 Expedited