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HomeMy WebLinkAbout(0117) ORDINANCE - ETJ Release,1125 acres borderd-Bear Creek Rd, Kelly Rd, HWY 377 ETJORDINANCE NO. AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE RELEASE OF APPROXIMATELY 1,175 ACRES OF LAND IN PARKER COUNTY, TEXAS, GENERALLY BORDERED BY BEAR CREEK ROAD, KELLY ROAD AND U.S. HIGHWAY 377, INCLUDING CERTAIN RIGHT-OF-WAY, FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF FORT WORTH; 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, Section 42.023 of the Texas Local Government Code authorizes a municipality to reduce its extraterritorial jurisdiction by ordinance approved by its governing body; and WHEREAS, Gold Creek Homes & Development LLC is the owner of approximately 1,078 acres of land in Parker County, Texas, partially located in the City of Fort Worth's extraterritorial jurisdiction, and intends to develop such land as a large -lot residential subdivision consistent with development of the surrounding area; WHEREAS, such property is approximately five miles from the City of Fort Worth's corporate boundaries and is not within the City of Fort Worth's certificate of convenience and necessity for retail water service; and WHEREAS, City water and sewer facilities are not available to serve such property and the property can be developed without City water and sewer service; and WHEREAS, the City Council finds and determines that it is in the best interest of the City to release the area generally bordered by Bear Creek Road, Kelly Road and U.S. Highway 377, together with certain right-of-way and including the property owned by Gold Creek Homes property, from the City's extraterritorial jurisdiction; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 Pursuant to Section 42.023 of the Texas Local Government Code, the land shown on Exhibit "A" attached hereto is hereby released from the extraterritorial jurisdiction of the City of Fort Worth. The area to be released consists of the land bordered on the east by Kelly Road and on the north by Bear Creek Road, including all right-of-way for such roads, and the area north of Ordinance No. Page 1 U.S. Highway 377, excluding U.S. Highway 377 right-of-way. All U.S. Highway 377 right-of- way adjacent to the area to be released shall remain in the City's extraterritorial jurisdiction. SECTION 2 This ordinance amends 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 3 It is hereby declared to be the intention 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 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 such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4 This ordinance shall be in full force and effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Melinda Ramos Jannette Goodall, City Secretary Senior Assistant City Attorney ADOPTED AND EFFECTIVE: Ordinance No. Page 2 ETJ release on US 377 Release of approximately 1,175 Acres of Land from CFW ETJ Exhibit A 514%V 4 I LO 1 rM -TA IN - Mao GO� 1� 7A11i��i2�dL�3 ®����� � .. •�' •�f,p '•�,D'1'� • it Fort Worth DESIGNATION = Full Purpose 0 Adjacent Cities Limited Purpose _ County Boundaries Extraterritorial Jurisdiction SubjectArea Fox_ T x., 0 0.25 0.5 1 Miles I 1 I 1 I Planning & Development Department 0310712022 1:48, 000 COPYRIGHT 2022 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A 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 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.