Loading...
HomeMy WebLinkAboutOrdinance 18484-02-2009CITY OF LAKE WORTH ORDINANCE NO 903 CITY OF FORT WORTH ORDINANCE NO 18484-02 2009 A JOINT ORDINANCE AND BOUNDARY AGREEMENT BETWEEN THE CITY OF LAKE WORTH AND THE CITY OF FORT WORTH RELEASING AND ACCEPTING CORPORATE LIMITS. STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS the Crty of Fort Worth ("Fort Worth ') is a home rule city situated within the Counties of Tarrant, Denton, Parker and Wise, Texas, and WHEREAS the Crty of Lake Worth ("Lake Worth ') is a home rule city situated within the County of Tarrant, Texas, and WHEREAS, Fort Worth and Lake Worth share common boundaries, and WHEREAS, municipalities m Texas are authorized and empowered, pursuant to Chapter 43 of the Texas Local Government Code, to exchange area with other municipalities, and WHEREAS, Section 43 031 of the Texas Local Government Code authorizes adjacent mumcipahties to make mutually agreeable changes m their boundanes of areas that are less than 1 000 feet in width, and WHEREAS the tracts of land subject to this Ordinance and fully described in Exhibit `B" and Exhibit `C" are less than 1 000 feet m width, and WHEREAS Fort Worth and Lake Worth desire to adjust their corporate boundary lines, whereby Fort Worth will release land from its corporate limits to be relinquished to and become part of the corporate limits of Lake Worth, and Lake Worth will release land from its corporate limits to be relinquished to and become part of the corporate limits of Fort Worth, and WHEREAS, the respective governing bodies of the cities hereby determine that this ~omt ordinance is in the best interest of the health, safety morals and welfare of the citizens of the respective cities and hereby authorize the mayor of each city to execute this point ordinance and agreement. NOW THEREFORE, BE IT ORDAINED AND MUTALLY AGREED BY THE CITY COUNCIL OF THE CITY OF LAKE WORTH AND THE CITY COUNCIL OF THE CITY OF FORT WORTH Page 1 SECTION 1. Pursuant to Sections 43 021 and 43 031 of the Texas Local .Government Code, the City of Fort Worth and the City of Lake Worth hereby agree that the boundaries between the cities will be adjusted as depicted m Exhibit A which is attached hereto and incorporated herein for all purposes. SECTION 2. In accordance with the terms of this Joint Ordinance and Boundary Agreement, the City of Lake Worth hereby relinquishes approximately 8.3 acres noted as Tract 1 on Exhibit A and described in Exhibit `B to the City of Fort Worth and disannexes and discontinues such property as part of the City of Lake Worth. The City of Fort Worth accepts and annexes Tract 1 depicted on Exhibit A into its corporate hmrts. SECTION 3. In accordance with the terms of this Joint Ordinance and Boundary Agreement, the Crty of Fort Worth hereby relinquishes approximately 2.3 acres noted as Tract 2 on Exhibit A and described in Exhibit `C" to the City of Lake Worth and disannexes and discontinues such property as part of the City of Fort Worth. The City of Lake Worth accepts and annexes Tract 2 depicted on Exhibit A into its corporate hmrts. SECTION 4. This ordinance shall be cumulative of all provision of ordinances of the Crty of Fort Worth and the Crty of Lake Worth, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, m which event the conflicting provisions of such ordinances are hereby repealed. SECTION 5. It is hereby declared to be the intention of the City Councils of Fort Worth and Lake 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, since the same would have been enacted without incorporation m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 6. The City of Fort Worth and the Crty of Lake Worth do hereby covenant and agree to protect, preserve, and defend the herein depicted boundary adjustment. SECTION 7 The City of Fort Worth and the City of Lake Worth 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, dimimsh or less m any way the nghts that either party may have, at law or in equity to challenge or contest any other annexations, attempted annexations, or extraterrrtonal ~unsdiction claims made by the other party SECTION 8. The Joint Ordinance and Boundary Agreement shall become effective and shall become a binding agreement upon the City of Fort Worth and the City of Lake Worth by the adoption of same m regular open city council meetings of the City of Fort Worth and the Crty of Lake Worth. SECTION 9 This Joint Ordinance and Boundary Agreement, upon adoption by both cities, shall be executed m duplicate originals by the Mayor of each city AP~PRfl ED this~~~day of 2009 ~ ~ ~~ ~ r~ ~ ~'1 ,~ ,_. r..-- - ~ "" " `~ ~ CITY OF LAKE WORTH, TEXAS r t q /" `~ GJa~e~ ~~~- ~' ~.,, ^ , ~ ~ ~ ~~ Mayor City of Lake Worth ATT~~ST~~ ~~ Crty Secretary Crty of Lake Worth APPROVED AS TO FORM AND LEGALITY ~~-D.~ CITY ATTORNEY APPROVED this 17th day of February, 2009 CITY OF FORT WORTH, TEXAS _?.ffj ATTEST ~~ ~ ~ ~~~l~P ., ,~ h ~ ~ .. A/\ \ I ~~1 Mayor City of Fort Worth Cfty Secretary City4~f Fort;Worth / AP(P,\ROVED AS TO FCRM~`AND LEGALITY /1 ~~ ~~/ CITY ATTORNEY Page 4 V Exhibit A -Proposed Boundary Transfer and Adjustment CR O ERLAKE ~ ~ SWOO Z o W Y W w v W ~ - D ~ AG ¢ ~ Y v ~ O ~ - DAX ~ ~ o rn O a z \PNN\\'~ ~ ~O OHII O A- A-5 ~ a ~ J ~ TRACT 1 Transfer to Fort E ER w Worth from Lake Worth, R ~ WIND z Approximately 8.3 acres PD T DE J -~ O a ~ E ~ a Y - } = J J HNS ~ ~ z ~ I x a LAKESIDE z cn z ~ O ~ v i m AZ EC r- z J LA <ESIDE ,~ ~ Y U W J F- WALLIS m v ~ A YON m < z O ~ ~ L ~ _ O Y o = S BIG ~ o 0 ~ _ ~ ~ ~ ~' U ~ m m ~ o AzLE AZLE y" ~ V Q ~ F ~~ ~ ~ ~~ m ~~~ 199 ~ ~\G~.~F- DNE ~ ~,~ m w H A g AwRY1,gK ~~`~ - ~ a ' ~ACKSBORO sH ARBO NEAU C g LAKE W RTH AG ~ y/cy~L GRAHAM U qy ~- O g ,,~ J w ~ q~ Fss °~ N OWDEN n G F D to Legend o t Q worn O Adjacent Worth . oposed G TRACT 2. Transfer to Lake Worth from Fort Worfh, E Approximately 2.3 Acres CR PD ~~ R~~ PD ~F s o P ~ O I A-5 GP _ 0 500 1 000 1,500 2,000 „~Me~,.n~„~, Feet ~9-aN Exhibit B Political Subdivision Description For Tract 1 Transfer to the City of Fort Worth A parcel of land out of the N B Breeding Survey Abstract Number 189 being a portion of that certain tract of land conveyed to Fort Worth Land LLC, by deed filed at Instrument Number D208294744 of the Deed Records of Tarrant County Texas, and being more particularly described by metes and bounds as follows Beginning m the present common city hmrts of the City of Fort Worth, and the City of Lake Worth, being m the south line of said N B Breeding Survey the north hne of the Johri Breeding Survey Abstract Number 188 at the southwest corner of Block 10 of Crestndge Addition, an addrt~on to the Crty of Fort Worth, according to the plat thereof filed in Volume 388-190 Page 20 of the Plat Records of Tarrant County Texas, Thence with said common survey line, the south hne of said Fort Worth Land LLC Tract, South 89 degrees 52 minutes 14 seconds West, 1831 94 feet, to its southwest corner Thence with the west line of said Tract, North 13 degrees 00 minutes 07 seconds East, 206 12 feet, to a point 200 feet northerly of and perpendicular to said common survey line; Thence with a line 200 feet northerly of and parallel with said common survey line, North 89 degrees 52 minutes 14 seconds East, 1785 73 feet, to its intersection with the east line of said Tract, the west line of said Block 10 Thence with the east line of said Tract, the west line of said Block, SOUTH, 200 00 feet, to the place of beginning, and containing some 8.305 acres or 0 013 square miles of land, more or less. This description prepared by Hans Kevin Hansen, RPLS # 4786, m February 2009 Bearings and distances, per or calculated from Preliminary Plat of Blocks 1 11 Meadow Lakes, Crty of Fort Worth, Planning and Development Department, Case Number PP-03-065 'This document was prepared under 22 TAC §663.21 does not reflect the results of an on the ground survey and is not to be used to convey or establish interests m real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which rt was prepared. Exhibit C Political Subdivision Description For Tract 2 Transfer to the City of Lake Worth A parcel of land out of Lot 1 Block A R, Shady Oaks Manor an addition to the City of Fort Worth, and the City of Lake Worth, according to plat thereof filed in Volume 388-54 Page 39 of the Plat Records of Tarrant County Texas, and being more particularly described by metes and bounds as follows. Beginning m the present common city hmrts of the City of Fort Worth, and the City of Lake Worth, being in a line 200 feet southwesterly of and parallel with the southwesterly right-of way of State Highway Number 199 at rts intersection with the southeasterly right-of way of Old Mill Creek Road, and being in the northwest line of said Lot 1 Thence with a line 200 feet southwesterly of and parallel with said nght-of way of State Highway Number 199 South 48 degrees 21 minutes East, 965 87 feet, to rts intersection with the west right-of way of Roberts Cut-Off, and being in the east line of said Lot; Thence with said right-of way and said east line, South 00 degrees 04 minutes 31 seconds East, 133 99 feet, to its intersection with a line 300 feet southwesterly of and parallel with the southwesterly right-of way of State Highway Number 199• Thence with a line 300 feet southwesterly of and parallel with said right-of way of State Highway Number 199 North 48 degrees 21 minutes West, 1055 OS feet, to its intersection with the southeasterly right-of way of Old Mill Creek Road, and being m the northwest tine of said Lot 1 Thence with said southeasterly right-of way and said northwest line, North 41 degrees 39 minutes East, 100 00 feet, to the place of beginning, and containing some 2.32 acres or 0 0036 square miles of land, more or less. This description prepared by Hans Kevin Hansen, RPLS # 4786 m February 2009 Bearings and distances, per or calculated from said plat. 'This document was prepared under 22 TAC §663.21 does not reflect the results of an on the ground survey and is not to be used to convey or establish interests m 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. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION:..Approved on 2/17/2009 - Ord.. N©. 18484-02-2009 ,~ ,_ DATE Tuesday February 17 2009 REFERENCE NO C-23351 LOG NAME 06LAKE WORTH BOUNDARY ADJUSTMENT SUBJECT Authorize a Joint Ordinance and Boundary Agreement with the City of Lake Worth to Adjust the Boundaries Between the Cities of Fort Worth and Lake Worth RECOMMENDATION It is recommended that the City Council 1 Approve the attached Joint Ordinance and Boundary Agreement with the City of Lake Worth and 2 Authorize the Mayor to execute the attached Joint Ordinance and Boundary Agreement. DISCUSSION In January 2009 the City Council met in Executive Session regarding a proposed boundary adjustment related to a possible RaceTrac Petroleum development at the southwest corner of Roberts Cut Off Road and Jacksboro Highway (State Highway 199) The southern-most portion of the site is located in the City of Fort Worth and the remainder of the site is in the City of Lake Worth To facilitate the development of the commercial tracts along Jacksboro Highway the City of Lake Worth has proposed moving approximately 2 4 acres west of Roberts Cut Off Road from the City of Fort Worth to within the City of Lake Worth city limits This action would allow the commercial tracts to be developed under the guidelines of one City In return the City of Lake Worth would release approximately 8 3 acres to the City of Fort Worth Exhibit A provides a map of the proposed boundary adjustments Chapter 43 Sections 43 021 and 43 031 of the Texas Local Government Code authorized adjacent municipalities to make mutually agreeable changes in their boundaries of areas. Approval of the Joint Ordinance and Boundary Agreement will result in movement of approximately 8 3 acres from the City of Lake Worth to the City of Fort Worth. Additionally the City of Fort Worth would allow 2 4 acres presently located in the City of Fort Worth to be transferred to the City of Lake Worth The properties would be an adjustment to COUNCIL DISTRICT 7 FISCAL INFORMATION /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 _~ _ -. __ _~.~,m,.~-_ _ --m-. CERTIFICATIONS Logname. 06LAKE WORTH BOUNDARY ADJUSTMENT Page 1 of 2 Submitted for City Manager's Office bv• Originating Department Head Additional Information Contact: Fernando Costa (6122) Susan Alanis (8180) Beth Knight (8190) Logname 06LAKE WORTH BOUNDARY ADJUSTMENT Page 2 of 2