HomeMy WebLinkAboutOrdinance 20551-12-2012CITY OF BURLESON ORDINANCE C- 725 -12
CITY OF FORT WORTH ORDINANCE NO. 20551 -12 -2012
A JOINT ORDINANCE AND BOUNDARY AGREEMENT
WHEREAS the City of Fort Worth ( "Fort Worth ") is a home rule city lying
and being situated within the Counties of Tarrant, Johnson, Parker, Wise and
Denton, State of Texas, with a population of more than one hundred thousand
(100,000) and an extra territorial jurisdiction (ETJ) of five (5) miles; and
WHEREAS the City of Burleson ( "Burleson ") is a home rule city lying and
being situated within the Counties of Johnson and Tarrant, State of Texas, with a
population between twenty five thousand (25,000) and forty nine thousand
(49,000) inhabitants and an ETJ limit of two (2) miles; and
WHEREAS, Fort Worth and Burleson share a common boundary; and
WHEREAS, the common boundary line between the City of Burleson and
the City of Fort Worth were established via joint resolution between the two cities
(Fort Worth reference: M &C C -8210 approved 2/7/84); and
WHEREAS, in 2004 the citizens of Burleson approved, at an election, the
issuance of General Obligation bonds, a portion of which were for (a) the
extension of Stone Road from E. Renfro St. to a point of connection with the
existing Stone Road in Fort Worth, and (b) extension of McCall Street From its
terminus in Burleson eastward to a point of connection with the existing Stone
Road in Fort Worth; and
WHEREAS, Burleson finds construction of the above mentioned roadways will
(a) improve traffic circulation from Alsbury to E. Renfro and (b) provide improved
access to properties adjacent to the east side 1 -35W frontage road; and
WHEREAS, Fort Worth finds that construction of Stone Road from E. Renfro to a
point of connection with the existing Stone Road in Fort Worth will improve traffic
circulation and access to restaurant, retail, and public transportation assets along the
Alsbury corridor within Fort Worth; and
WHEREAS, Burleson and Fort Worth find completion of the Stone Road and
McCall extensions require construction within Fort Worth in order to achieve these
benefits; and
WHEREAS, Fort Worth and Burleson find that a boundary adjustment between
the two cities will facilitate Burleson's construction of the extensions of both Stone Road
and McCall Street thereby providing the mutual benefits to both cities as described
above; 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, Fort Worth and Burleson have agreed that a portion of the true
common boundary between the cities along the Stone Road corridor be adjusted
approximately 23.011 acres, more or less, from Fort Worth to Burleson; and
WHEREAS, Burleson and Fort Worth find that the continued and future success
of Spinks Airport is vitally important to economic development and general aviation for
both cities and for the Dallas -Fort Worth metropolitan region; and
WHEREAS, approximately 47.114 acres, more or less, of Fort Worth fee owned
property is currently located within the corporate limits of Burleson; and
WHEREAS, Section 43.142 of the Texas Local Government Code allows a City
to disannex areas in accordance with its City Charter and Section 42.023 of the Texas
Local Government Code allows municipalities to release extraterritorial jurisdiction by
ordinance; and
WHEREAS, Burleson agrees to disannex and release from its Extra-Territorial
Jurisdiction ("ETJ") into the ETJ of Fort Worth approximately 47.114 acres, more or
less, of Fort Worth fee owned property; and
WHEREAS, Burleson agrees to exclude From its CCN application the disannexed
property (Exhibit B) and support the inclusion of this area into Fort Worth's CCN as
further described herein; and
WHEREAS, Fort Worth agrees to release from its CCN the area within the
boundary adjustment (Exhibit A) and support the inclusion of this area into Burleson's
CCN as further described herein and
WHEREAS, Burleson agrees to pay for any costs associated with construction of
Stone Road which may arise from the proposed boundary adjustment.
NOW, THEREFORE, BE IT ORDAINED AND MUTUALLY AGREED BY THE
CITY COUNCIL OF THE CITY OF BURLESON AND THE CITY COUNCIL OF THE
CITY OF FORT WORTH:
SECTION 1.
BOUNDARY ADJUSTMENT
A. Pursuant to Section 43.031 of the Texas Local Government Code, the City of
Burleson and the City of Fort Worth hereby agree that the boundary between the
cities will be adjusted as set out herein in order to facilitate the extensions of Stone
Road and McCall Street for the economic, transportation, and aviation benefit of the
cities.
B. Fort Worth hereby relinquishes the property more particularly described in Exhibit
"A" (incorporated herein) containing approximately 23.011 acres, more or less, to
Burleson and disannexes and discontinues such property as a part of Fort Worth.
C. Burleson accepts and annexes the property more particularly described in Exhibit
"A" containing approximately 23.011 acres.
SECTION 2.
DISANNEXATION BY BURLESON
Pursuant to Chapter 43 of the Texas Local Government Code, Burleson hereby
disannexes and discontinues as a part of Burleson the area of approximately 47.114
acres, more particularly described in Exhibit "B ", attached to and incorporated herein.
SECTION 3.
APPORTIONMENT OF ETJ FOLLOWING DISANNEXATION
Pursuant to Chapter 42 of the Texas Local Government Code, Burleson does
hereby relinquish and ratify the relinquishment to Fort Worth all ETJ rights it has a result
of the disannexation in Section 2. above to the area of approximately 47.114 acres,
more particularly described in Exhibit "B ".
SECTION 4.
Water System
Certificates of Convenience and Necessity (CCN)
A. For the area of boundary adjustment described in Exhibit A, Fort Worth agrees
to:
1. Release the area from Fort Worth's water Certificate of Convenience and
Necessity (the "CCN ") and allow and support Burleson's inclusion of this
area shown in Exhibit A into Burleson's water CCN application.
2. To execute all necessary documents for the inclusion of this area into
Burleson's CCN; and further agrees to make all reasonable and necessary
action to support the Burleson's CCN application.
B. For the area to be disannexed by Burleson as described in Exhibit B, Burleson
agrees to:
1. Support Fort Worth's inclusion of the disannexed property shown in
Exhibit B into Fort Worth's CCN and not to include it in its own CCN
application.
2. To execute all necessary documents for the inclusion of the disannexed
property shown in Exhibit B into Fort Worth's CCN; and further agrees to
make all reasonable and necessary action to support Fort Worth's CCN
application.
SECTION 5.
STONE ROAD
Burleson agrees to pay all right-of-way acquisition costs including, but not limited
to, survey, appraisal and purchase at fair market value and any other requirements of
the Federal Aviation Administration for the construction of Stone Road. Burleson further
agrees to pay the cost of any engineering work required that was not included in the
original scope of work in Fort Worth CSC No. 38486 awarded to Freese and Nichols for
the design of Stone Road from Alsbury south to its terminus.
SECTION 6.
This ordinance shall be cumulative of all provisions of ordinances of Burleson
and 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 7.
It is hereby declared to be the intention of the City Councils of Burleson 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.
Burleson and Fort Worth do hereby covenant and agree to protect, preserve and
defend the herein described boundary adjustment, disannexation and apportionment of
ETJ.
Fort Worth and Burleson 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 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 10.
This Joint Ordinance and Boundary Agreement shall become effective and shall
become a binding agreement upon Burleson and Fort Worth by the adoption of same in
regular open city council meetings of the Burleson and Fort Worth.
SECTION 11.
This Joint Ordinance and Boundary Agreement, upon adoption by both cities,
shall be executed in duplicate originals by the Mayor of each city.
APPROVED, by the City Council of the City of Burleson on this day of
Dip\)cm6r-r, 2012.
Ken Shetter, Mayor
City of Burleson
APPROVED AS TO FORM
AND LEGALITY:
City Attorney, Cite f Burl on
APPROVED, by the City Council of the City o rt Worth on this t day of
:� 2012.
ATTEST
Mary J. Kay ICity SAcretary
City of Fo orth
APPROVED AS TO FORM AND LEGALITY:
Sarah F- ul'lenwider, City Attorney
City of Fort Worth
$et§y P ' , ayor
Ci ort Worth
EXHIBIT "A "
EXISTING CITY LIMIT LINE
NEW CITY LIMIT BOUNDARY
DATE: NOVEMBER 9, 2012
EXHIBIT A PAGE I OF 4
800 400 0 800
SCALE IN FEET
Burleson City of Burleson
wmm3ffmaK= 141 W. RENMO STREET • BURI.ESON, TEXAS 76026 1
EXHIBIT "A"
BOUNDARY ADJUSTMENT DESCRIPTION
NOVEMBER 3, 2012
BEGINNING at a 1/2 inch iron rod found for the intersection of the existing south right-of-way
line of Alsbury Boulevard (a variable width right-of-way) as recorded in Cabinet B, Slide 353 of
the Plat Records of Tarrant County, Texas, with the existing west fight-of-way line of Stone
Road (a 90.0' right-of-way) as recorded in Cabinet B, Slide 353 of said Plat Records of Tarrant
County, Texas, said 1/2 inch iron rod being an interior ell comer in the west line of Fort Worth
Spinks Airport, an addition to the City of Fort Worth, Tar-rant County, Texas as recorded in
Cabinet B, Slide 353 of said Plat Records of Tarrant County, Texas, said 1/2 inch iron rod being
the northeast comer of an 18.128 acre tract of land (by deed) deeded to B-CDC Corporation as
recorded in Volume 12606, Page 758 of the Deed Records of Tarrant County, Texas, said 1/2
inch iron rod also being the northeast comer of a City of Burleson Annexation as recorded in
City of Burleson Ordinance No. A-267 and Volume 12842, Page 470 of said Deed Records of
Tarrant County, Texas;
THENCE North 89 degrees 25 minutes 37 seconds East, with the new city limit tine, a distance
of 90.00 feet to a point for the intersection of the existing south fight-of-way line of
said Alsbury Boulevard with the existing east fight-of-way line of said Stone Road,
said point being the northwest comer of Block 2 of said Fort Worth Spinks Airport,
from which a 5/8 inch iron rod found for the northeast comer of said Block 2 bears
North 89 degrees 27 minutes 41 seconds East, a distance of 154.78 feet, said 5/8 inch
iron rod also being the intersection of the existing south right-of-way line of Alsbury
Court (a 90.0' fight-of-way) as recorded in Cabinet B, Slide 353 of said Plat Records
of Tarrant County, Texas with the existing west right-of-way line of Wing Way (a
44.0' private fight-of-way) as recorded in Cabinet B, Slide 353 of said Plat Records of
Tarrant County, Texas;
THENCE South 00 degrees 32 minutes 23 seconds East, with said new city limit line, with the
existing east right-of-way line of said Stone Road, and with the west line of said
Block 2, a distance of 1806.26 feet to a point for the intersection of the existing east
fight-of-way line of said Stone Road with the proposed east fight-of-way line of said
Stone Road, said point also being the beginning of a curve to the left having a radius
of 1955.00 feet, a central angle of 03 degrees 45 minutes 30 seconds, and whose
chord bears South 02 degrees 27 minutes 16 seconds East, a distance of 128.22 feet;
THENCE with said curve to the left, with said new city limit line, and with the proposed east
right-of-way line of said Stone Road, an arc length of 128.24 feet to a point for
comer;
Exhibit A Page 2 of 4
THENCE South 04 degrees 17 minutes 58 seconds East, with said new city limit line and with
the proposed east right-of-way line of said Stone Road, a distance of 437.04 feet to a
point for the beginning of a curve to the right having a radius of 1045.00 feet, a
central angle of 02 degrees 23 minutes 38 seconds, and whose chord bears South 03
degrees 06 minutes 10 seconds East, a distance of 43.66 feet;
THENCE with said curve to the right, with said new city limit line, and with the proposed east
right-of-way line of said Stone Road, an arc length of 43.66 feet to a point for the
intersection of the proposed east right-of-way line of said Stone Road with the
existing easterly right-of-way line of said Stone Road, said point being in the
southerly line of Block I of said Fort Worth Spinks Airport, said point also being the
beginning of a non-tangent curve to the left having a radius of 1005.00 feet, a central
angle of 00 degrees 27 minutes 51 seconds, and whose chord bears South 15 degrees
54 minutes 52 seconds East, a distance of 8.14 feet;
THENCE with said non-tangent curve to the left, with said new city limit line, with the existing
easterly right-of-way line of said Stone Road, and with the southerly line of said
Block 1, an arc length of 8.14 feet to a point for the intersection of the proposed east
right-of-way line of said Stone Road with the existing easterly right-of-way line of
said Stone Road, said point also being the beginning of a non-tangent curve to the
right having a radius of 1047.00 feet, a central angle of 10 degrees 32 minutes 34
seconds, and whose chord bears South 03 degrees 47 minutes 53 seconds West, a
distance of 192.38 feet;
THENCE with said non-tangent curve to the right, with said new city limit line, and with the
proposed east right-of-way line of said Stone Road, an arc length of 192.66 feet to a
point the beginning of a reverse curve to the left having a radius of 953.00 feet, a
central angle of 09 degrees 17 minutes 29 seconds, and whose chord bears South 04
degrees 25 minutes 25 seconds West, a distance of 154.37 feet;
THENCE with said reverse curve to the left, with said new city limit line, and with the proposed
east right-of-way line of said Stone Road, an are length of 154.54 feet to a point for
comer;
THENCE South 00 degrees 13 minutes 19 seconds East, with said new city limit line and with
the proposed east right-of-way line of said Stone Road, a distance of 816.86 feet to a
point for comer;
Exhibit A Page 3 of 4
THENCE South 00 degrees 29 minutes 32 seconds East, with said new city limit line and with
the proposed east right-of-way line of said Stone Road, a distance of 75.90 feet to a
point for comer in the existing city limit and county line as shown by plat recorded in
Cabinet A, Slide 353 of said Plat Records of Tarrant County, Texas and recorded in
City of Burleson Ordinance No. A-246 and Volume 8214, Page 755 of said Deed
Records of Tarrant County, Texas and City of Fort Worth Ordinance No. 9108, from
which a 2-1/2 inch metal fence post found for the southwest comer of a 180.109 acre
tract of land (by deed) deed to the City of Fort Worth as recorded in Volume 7995,
Page 1523 of the Deed Records of Johnson County, Texas bears a radial bearing of
South 08 degrees 48 minutes 00 seconds West, a distance of 823.61 feet;
THENCE North 89 degrees 36 minutes 48 seconds West, with said existing city limit and
county line, a distance of 329.59 feet to a point for comer in the existing city limit line
as described in Cause No. 249-50-83 of the District Court Records of Johnson
County, Texas;
THENCE North 00 degrees 32 minutes 23 seconds West, with said existing city limit line as
recorded in Cause No. 249-50-83, a distance of 2643.43 feet to a point for comer'.
THENCE North 89 degrees 27 minutes 37 seconds East, with said existing city limit line as
recorded in Cause No. 249-50-83, a distance of 73.37 feet to a point for comer;
THENCE North 00 degrees 32 minutes 24 seconds West, with said existing city limit line as
recorded in Cause No. 249-50-83, a distance of 166.86 feet to a point for the
southwest comer of said City of Burleson Ordinance No. A-267;
THENCE North 99 degrees 39 minutes 27 seconds East, with the existing city limit line as
recorded in City of Burleson Ordinance No. A-267, a distance of 161.63 feet to a
point for comer;
THENCE North 00 degrees 32 minutes 23 seconds West, with the existing city limit line as
recorded in City of Burleson Ordinance A-267, a distance of 845.24 feet to the
POINT OF BEGINNING and containing 1,002,364 square feet or 23.011 acres of
land, more or less.
Date: November 3, 2012
0
olf
Curtis Smith
Registered Professional Land Surveyor
No. 5494
Exhibit A Page 4 of 4
EXHIBIT 99B 99
EXISTING CITY LIMIT LINE
NEW CITY LIMIT BOUNDARY
DATE: NOVEMBER 3, 2012
EXHIBIT 8 PAGE 1 OF 3
800 400 0 800
MMMML-
SCALE IN FEET
Burleson City of Burleson
NUM3931acKm 141 W. RENFRO STREET • BURLESON, TEXAS 76028
=41 -DAr+ca: rc+—ZMDUMMUI-Mkl,
EXHIBIT "B"
DISANNEXATION DESCRIPTION
NOVEMBER 3, 2012
BEGINNING at a point for comer in the existing city limit and county line as shown by plat
recorded in Cabinet A, Slide 353 of the Plat Records of Tarrant County, Texas and recorded in
City of Burleson Ordinance No. A-246 and Volume 8214, Page 755 of the Deed Records of
Tarrant County, Texas and City of Fort Worth Ordinance No. 9108, said point also being in the
new city limit line, from which a point for the southeast comer of Fort Worth Spinks Airport, an
addition to the City of Fort Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 353 of
said Plat Records of Tarrant County, Texas bears North 03 degrees 40 minutes 51 seconds East, a
distance of 10.00 feet;
THENCE South 03 degrees 40 minutes 51 seconds West, with said new city limit line, a
distance of 11.52 feet to a 3/4 inch iron rod found for the northeast comer of a 30.509
acre tract of land (by deed) and being further described as Tract 11 deeded to the City
of Fort Worth as recorded in Volume 1240, Page 856 of the Deed Records of Tarrant
County, Texas;
THENCE South 55 degrees 53 minutes 22 seconds West, with said new city limit line and with
the east line of said 30.509 acre tract of land, a distance of 858.86 feet to a point for
comer;
THENCE South 03 degrees 40 minutes 22 seconds West, with said new city limit line and with
the east line of said 30.509 acre tract of land, a distance of 297.74 feet to a point for
comer;
THENCE South 89 degrees 55 minutes 53 seconds West, with said new city limit line, passing
at a distance of 716.00 feet, a 5/8 inch iron rod found for the southeast comer of a
180.109 acre tract of land (by deed) deeded to the City of Fort Worth as recorded in
Volume 7995, Page 1523 of the Deed Records of Johnson County, Texas, said 5/8
inch iron rod being an angle point in the west line of said 30.509 acre tract of land, in
all, a distance of 2200,15 feet to a point for comer in the south line of said 180.109
acre tract of land, said point being in the new city limit line, said point being in the
proposed east right-of-way line of Stone Road (a variable width fight-of-way), said
point also being the beginning of a curve to the fight having a radius of 765.00 feet, a
central angle of 15 degrees 26 minutes 15 seconds, and whose chord bears North 28
degrees 09 minutes 33 seconds West, a distance of 205.50 feet, from which a 2-1/2
inch metal fence post found for the southwest comer of said 180.109 acre tract of land
bears South 89 degrees 55 minutes 53 seconds West, a distance of 262.31 feet;
Exhibit B Page 2 of 3
THENCE with said curve to the fight, with said new city limit line, and with the proposed east
fight-of-way line of said Stone Road, an arc length of 206.12 feet to a point for the
beginning of a compound curve to the fight having a radius of 565.00 feet, a central
angle of 19 degrees 56 minutes 54 seconds, and whose chord bears North 10 degrees
27 minutes 59 seconds West, a distance of 195.72 feet;
THENCE with said compound curve to the right, with said new city limit line, and with the
proposed east right-of-way line of said Stone Road, an arc length of 196.71 feet to a
point for comer;
THENCE North 00 degrees 29 minutes 32 seconds West, with said new city limit line and with
the proposed east right-of-way line of said Stone Road, a distance of 202.79 feet to a
point for comer;
THENCE North 44 degrees 49 minutes 43 seconds East, with said new city limit line and with
the proposed east right-of-way line of said Stone Road, a distance of 28.13 feet to a
point for the intersection of the proposed east right-of-way line of said Stone Road
with the proposed south right-of-way line of Abner Lee Drive (an 80.0' right-of-way);
THENCE North 00 degrees 29 minutes 32 seconds West, with said new city limit line, a
distance of 80.01 feet to a point for the intersection of the proposed east right-of-way
line of said Stone Road with the proposed north right-of-way line of said Abner Lee
Drive;
THENCE North 45 degrees 10 minutes 17 seconds West, with said new city limit line and with
the proposed east right-of-way line of said Stone Road, a distance of 28.44 feet to a
point for comer;
THENCE North 00 degrees 29 minutes 32 seconds West, with said new city limit line and with
the proposed east right-of-way line of said Stone Road, a distance of 117.18 feet to a
point for comer in said existing city limit and county line;
THENCE South 89 degrees 36 minutes 48 seconds East, with said existing city limit and county
line, a distance of 3067.44 feet to the POINT OF BEGINNING and containing
2,052,267 square feet or 47.114 acres of land, more or less.
Date: November 3, 2012
Curtis Smith
Registered Professional Land Surveyor
No. 5494
Exhibit B Page 3 of 3
City of Fort Worth., Texas
Mayor and Council Communication
ca,rcT o 11211812012r, -0rd1nan00,.N6' 2065 Z90
C
DATE: Tuesday, December 18, 2012 REFERENCE NO.: C-26025
LOG NAME: 065030 BURLESON BOUNDARY ADJUSTMENT 12-12
SUBJECT:
Authorize Joint Ordinance and Boundary Agreement with the City of Burleson to Adjust the City Limit
Boundaries Between the Cities of Fort Worth and Burleson in the Vicinity of Spinks Airport (COUNCIL
DISTRICT 8)
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the attached Joint Ordinance and Boundary Agreement with the City of Burleson; and
2. Authorize the Mayor to execute the attached Joint Ordinance and Boundary Agreement.
DISCUSSION:
The Texas Local Government Code Chapter 43, Sections 43.021 and 43.031 authorizes adjacent
municipalities to make mutually agreeable changes in their boundaries, The City of Fort Worth and the
City of Burleson wish to make changes to the boundaries of each city which will ensure the continued
success of Spinks Airport, which is vitally important to economic development and general aviation for
both cities.
The proposed boundary adjustment will transfer approximately 23 acres from the City of Fort Worth to the
City of Burleson immediately west of the airport, including Stone Road. The City of Burleson has
committed to extending and improving Stone Road from Alsbury Road south to its terminus and paying all
costs associated with the boundary adjustment required by the Federal Aviation Administration (FAA). The
area is shown in attached map Exhibit A.
The boundary adjustment will also transfer approximately 47 acres from the City of Burleson to the City of
Fort Worth. This property is currently owned by the City of Fort Worth but lies within the Burleson city
limits. The transfer will place all of Spinks Airport property within the City of Fort Worth and will extend Fort
Worth's city limits into Johnson County for the first time. The area is shown in attached map Exhibit B.
The proposed boundary adjustments will alter COUNCIL DISTRICT 8.
FISCAL INFORMATION I CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers
FROM Fund/Account/Centers
Logname: 065030 BURLESON BOUNDARY ADJUSTMENT 12-12 Pagel of
CERTIFICATIONS:
Submitted for City Manager's Office by. Fernando Costa (6122)
Originating Dep artment,He,,ad: Randle Harwood (6101)
Additional Information Contact: Beth Knight (8190)
Lognarne: 065030 BURLESON BOUNDARY ADJUSTMENT 12-12 Page 2 of 2