HomeMy WebLinkAboutOrdinance 15600
CITY OF WHITE SETTLEMENT ORDINANCE N0.2230-02
CITY OF FORT WORTH ORDINANCE NO. 15600
JOINT ORDINANCE ANi~ BOUNDARY AGREEMENT
WHEREAS, the City of White Settlement is a home rule city located in Tarrant County,
Texas;
WHEREAS, the City of Fort Worth is a home rule city located in Tarrant, Wise, and
Denton Counties, Texas;
WHEREAS, Fort Worth and White Settlement share a common boundary;
WHEREAS, on May 9, 1972, the City of Fort Worth entered into a 25-year lease with
the City of White Settlement, which covered a 31.284 acres tract of land, situated along the east
right-of--way line of Las Vegas Trail and north and south of both Heron Drive and Shoreview
Drive at their intersection of Las Vegas Trail;
WFIEREAS, at the execution of the lease, the City of White Settlement used
approximately 11.97 acres of the leased land lying south of Shoreview Drive as parkland;
WHEREAS, on May 28, 1985, at the request of the City of White Settlement, the City of
Fort Worth sold the 11.97 acres to White Settlement for $5,000.00 in return for the cancellation
of the lease on the remaining 31.284 acres, retuniing the remaining land to the City of Fort
Worth;
WHEREAS, at the time of the sale, the City of White Settlement requested that the City
of Fort Worth disannex the 11.97 acres so that the land could be annexed by the City of White
Settlement;
WHEREAS, as a condition of disannexation, the City of Fort Worth requested that the
City of White Settlement dedicate sufficient right-of--way for the future widening and
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improvement of Shoreview Drive;
WHEREAS, the City of White Settlement was willing to dedicate the right-of--way for
Shoreview Drive on the condition that the City of Fort Worth commit to the construction and
completion date of the road within eighteen months of dedication;
WHEREAS, no agreement was reached between the two cities concerning the
improvement or realignment of Shoreview Drive;
WHEREAS, the City of White Settlement is now requesting resolution of the city
boundary concerning the 11.97 acres they purchased from the City of Fort Worth in 1985;
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;
WHEREAS, the area subject to the boundary adjustment is less than 1,000 feet in wdth,
in that the most recent survey of the property indicates that the maximum width of the property is
684.23 feet;
WHEREAS, the City of Fort Worth and the City of White Settlement have agreed that a
portion of the true common boundary between the cities be adjusted to allow the approximately
11.97 acres owned by White Settlement to be within the boundaries of the City of White
Settlement;
NOW, THEREFORE, BE IT ORDAINED AND 1VIIJTI.TALLY AGREED BY THE CITY
COUNCIL OF THE CITY OF WHITE SETTLEMENT AND THE CITY COITNCIL OF
THE CITY OF FORT WORTH:
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SECTION 1.
Pursuant to Section 43.031 of the Texas Local Government Code, the City of White
Settlement and the City of Fort Worth hereby agree that the boundary between the cities will be
adjusted as set out herein so that the approximately 11.97 acres owned by the City of White
Settlement, as described in Exhibit "A," will be located within their city limits.
SECTION 2.
In accordance with the terms of this Joint Ordinance and Boundary Agreement, the City
of Fort Worth hereby relinquishes approximately 11.97 acres described in Exhibit "A" to the City
of White Settlement and disannexes and discontinues such property as a part of the. City of Fort
Worth.
SECTION 3.
In accordance with the terms of this Joint Ordinance and Boundary Agreement, the City
of White Settlement accepts and annexes 11.97 acres into its corporate limits as reflected in
Exhibit "A" attached and incorporated herein.
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances of the City of White
Settlement 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.
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SECTION 5.
It is hereby declared to be the intention of the City Councils of White Settlement 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 6.
The City of White Settlement and the City of Fort Worth do hereby covenant and agree to
protect, preserve, and defend the herein described boundary adjustment.
SECTION 7.
The City of Fort Worth and the City of White Settlement 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 8.
This Joint Ordinance and Boundary Agreement shall become effective and shall become a
binding agreement upon the City of White Settlement and the City of Fort Worth by the adoption
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of the same in regular open city council meetings of the City of White Settlement and the City of
Fort Worth.
SECTION 9.
The Mayor of each city shall execute this Joint Ordinance .and Boundary Agreement;
upon adoption by both cities, in duplicate originals.
APPROVED, by the City Council of the City of White Settlement on this ~ day of
~____, 2003.
ATTEST:
City Secretary
City of White Settlement
Cii~v of White Settlement
B Gi,~2~,0
J es O. Ouzts, May r
ity of White Settlem t
AP ROVED, by the City Council of the City of Fort W h this ~~ day of
2003.
ATTEST: BY:
Mike Moncrief, Mayor
j~ _ e (~ _ City of Fort Worth
Gloria Pearso ,City Secretary
City of Fort orth
APPROVED AS TO FORM AND LEGALITY:
David Yett, City Attorney
By:~S~Gt'(^- A1,~.~.,<-,.'c cam..
Sarah Fullenwider, Assistant City Attorney
City of Fort Worth
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LEGEND
be Disannexed
"..Fort Worth
Annexed
'Settlement
porated
moose
hated
trpose
' EASIEY ST. I
Annexation of 11.97 Acres
i~
1"=500 Ft
t 9' T
Project Case No.DX-03-0001 Proposed Processing Schedule
MAP REFERENCES ACTIVITY
• 1sT Public Hearing N ~ A
Ma sco: 59K & 59P 2nd Public Hearin N A
Zonin Ma 33-6 Date of Institution ,]
N A Tad Ma :2006-400 Council District 7
N/A Countv: Tarrant Focus Area: Northwest
G~, ~
ENT CIS
C/~
Caty of ~'o~t Worth, Texas
M,'Ayar And council ammun;cAtian
DATE REFERENCE NUMBER LOG NAME PAGE
6/24/03 **pZ_~q.$$ 06BACWS 1 of 2
SUBJECT JOINT ORDINANCE AND BOUNDARY AGREEMENT WITH THE CITY OF WHITE
SETTLEMENT TO ADJUST THE BOUNDARY BETWEEN FORT WORTH AND WHITE
SETTLEMENT CONSISTING OF APPROXIMATELY 11.97 ACRES BELONGING TO
THE CITY OF WHITE SETTLEMENT IN THE AREA EAST OF NORTH LAS VEGAS
TRAIL AND SOUTH OF SHORE DRIVE
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the attached Joint Ordinance and Boundary Agreement with the City of White Settlement
concerning 11.97 acres belonging to the City of White Settlement in the area east of North Las
Vegas Trail and south of Shore Drive; and
2. Authorize the Mayor to execute the attached Joint Ordinance and Boundary Agreement.
DISCUSSION:
On May 9, 1972, the City of Fort Worth entered into a 25-year lease agreement with the City of White
Settlement covering a 31.284 acre tract of land situated along the east right-of--way line of Las Vegas
Trail, and north and south of both Heron Drive and Shore Drive at their intersection of Las Vegas Trail.
(D. E. Norton Survey, Abstract No. 1174)
At the execution of the lease, approximately 11.97 acres of the leased land lying south of Shore Drive
was used by White Settlement for park purposes. At the request of White Settlement, the 11.97 acres
was sold to White Settlement for $5,000.00 with the approval of the Fort Worth City Council on May 28,
1985 (M&C L-8477). As further consideration, White Settlement cancelled the lease covering the
remainder of the 31.284 acres, returning control of the land to the City of Fort Worth. Although Fort
Worth received cash payment from White Settlement on October 28, 1985, (Receipt Number 4342) the
actual deed conveying the property was not filed in the Tarrant County deed records by White
Settlement until September 14, 2001. (Deed Volume 15161, Page 426).
At the time of the sale, White Settlement requested that Fort Worth de-annex the 11.97 acres so the
land could be annexed by White Settlement. As part of the review process for de=annexation, the
Department of Parks and Community Service recommended that the City of White Settlement dedicate
sufficient right-of--way for the future widening ,and improvement of Shore Drive. Correspondence
between the cities indicates that White Settlement was willing to dedicate land for the use of the right-
of-way only if Fort Worth would commit to a construction and completion date within 18 months of
dedication. To date, no agreement was reached between the two cities concerning the improvement
or realignment of Shore Drive.
The Fort Worth Water Department is currently negotiating an agreement with White Settlement in order
to serve customers on the far south shore of Lake Worth. White Settlement is requesting resolution of
the boundary line concerning the 11.97 acres they purchased from Fort Worth in 1985.
City of ..Fort Wortlz, Texacs
M'Ayar And auncil Cammun~cAtian
DATE REFERENCE NUMBER LOG NAME PAGE
6/24/03 **pZ_24.gg 06BACWS 2 of 2
SUBJECT JOINT ORDINANCE AND BOUNDARY AGREEMENT WITH THE CITY OF WHITE
SETTLEMENT TO ADJUST THE BOUNDARY BETWEEN FORT WORTH AND WHITE
SETTLEMENT CONSISTING OF APPROXIMATELY 11.97 ACRES BELONGING TO
THE CITY OF WHITE SETTLEMENT IN THE AREA EAST OF NORTH LAS VEGAS
TRAIL AND SOUTH OF SHORE DRIVE
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.
Approval of the Joint Ordinance and Boundary Agreement will result in movement of approximately
11.97 acres from Fort Worth to White Settlement. The Joint Ordinance and Boundary Agreement is
schedule for consideration by the White Settlement City Council on July 1, 2003. Approval of the Joint
Ordinance and. Boundary Agreement by both. cities will effectuate disannexation and release of 11.97
acres by Fort Worth and annexation of same property by White Settlement.
The property is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have. no material effect on City funds.
RR:r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Reid Rector 6140
Originating Department Head:
Bob Riley 8901 (from) APPROVED 06/24/03
ORD.# 15600
Additional Information Contact:
Cathy Davidson 8030