HomeMy WebLinkAboutOrdinance 15381~~„_
C1-33-C3 A~10 1~ IN
CITY OF BURLESON ORDINANCI~; C-550
CITY OF FORT WORTH ORDINANCE NO ~53~
JOINT ORDINANCE AND BOUNDAR~C' AGREEIVIENT
WHEREAS, the Crty of Burleson is a home Wile city located. m Tarrant: and Johnson
Counties, Texas,
WHEREAS, the Crty of Fort Worth r~ a home rule city located rn. Tarrant, 'Jv'ise, and
Denton Counties, Texas,
WHEREAS, Fort Worth and Burleson share a contrnon boundary
WHEREAS, the common boundary line bet~oaeer. the ~ try of Burles~~n and the Crty a
.Fort Worth was established on July 17, ;.984 (City of I~'ort Worth Ord.i~ance Number 9l %17
Mayor and Council Communtcatron G-605 ~ j,
WHEREAS, Trademark Retail Inc ~ 'T.radernarlc"), a Z'exas real estate .investment and
development corporation, rs developing appro,:Frnatel;% 46 1. R ages of laird as a ~om.~,trc:ral
development to be known as Gateway Station Addition II, Lots lA, 1B, 1C, "~A 3;-~, =1~~, 5.1. ~
6A, Block A located to both the Burleson ar~d Fart Worth c,~ty h[12as (the ">~f:ve.iorr.~rnt";,
WHEREAS, currently approxrmatel,~ X32 74 acrd; of trw Dcv~eiut-~mc:nt ar< Ioc~itrci ~>> tl-i~~
Crty of Fort Worth and approximately 12 9 i 2. acres are lc~ca.ed in the C~t~ o. F?urlesoi~,
WHEREAS, a final plat for the Dev~lop~.nent was filed and «ppriw~d b~ t'.ie City of l~e~rt
Worth on January 1, 2001 and by the City et'firirlesc;i~ on M.1~ IO ?Q%l
WHEREAS, the common boundar;~ tine b!w~r.:~ ti,e C~.tv o~• F:rt Vdorth ~utd il~e City of
Burleson was incorrectly located on the l;•nal plat. a;~proYimately i5t) f~.et .ot~~h of the. true
common boundary line,
WHEREAS, Trademark designed the commercial ;ievelolrnent a~7d beti~. ci;~es issued
certificates of occupancy based on the incorrect ioc;i.tro_Z of the ct~~nr.~on hotin~iary line indicated
Joint Boundary Agreement
Page 2
on the final plat;
WHEREAS, the correct boundary line between Fort Worth and Burleson bisects a
portion of a commercial building that is currently leased to a PetSmart store,
WHEREAS, Trademark has requested that the City of Burleson and the City of Fort
Worth adjust the boundary between. the cities so that no portion of the store m the building wr11
be located partly in Burleson and partly in Fort Worth,
WHEREAS, Section 43 031 of the 'Texas Local Government Code authorizes adjacent
municipalities to make mutually agreeable changes m their boundaries of areas that. are less than
1,000 feet m width,.
WHEREAS, the City of Fort Worth and the Crty of Burleson have agreed that a portion
of the true common boundary between the cities be adjusted approximately 14 748 square feet or
0 339 acres, more or less, from .Burleson to Fort Worth,
WHEREAS, the area subject to the boundary adjustment is less than 1,000 feet ul width,
NOW, THEREFORE, BE IT ORDAINED AND MUTUALLY AG-REED BY THE
CITY COUNCIL OF THE CITY OF BURLESON AND T>FIE CITY COUNCIL OF THE
CITY OF FORT WORTH.
SECTION 1.
Pursuant to Section 43 031 of the Texas Local Government Code, the Crty of Burleson
and the City of Fort Worth hereby agree that the boundary between the cities wzll be a.dJusted as
set out herein so that no part of the store in the Development will be located partly m Fort .Worth
and partly in Burleson.
SECTION 2.
In accordance with the terms of this Joint Ordinance and Boundary Agreement, the Crty
Joint Boundary Agreement
Page 3
of Burleson hereby relinquishes 14,748 square feet or 0.339 acres, more or less as described to
Exhibit "A" to the Crty of Fort Worth and disannexes and discontinues such property as a part of
the City of Burleson.
SECTION 3
In accordance with the terms of this Joint Ordinance and Boundary Agreement, the City
of Fort Worth accepts and annexes 14,748 square feet or 0.339 acres, more or less into its
corporate limits as reflected m Exhibit "A" attached and incorporated herein.
SECTION S.
This ordinance shall be cumulative of all provisions of ordinances of the City of Burleson
and the Crty 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 6.
It is hereby declared. to be the intention of the Crty 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 ~urtsdiction, 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.
Joint Boundary Agreement
Page 4
SECTION 7
The City of Burleson and the City of Fort Worth do hereby covenant and agree to protect,
preserve and defend the herein described boundary adjustment.
SECTION 8.
The City of Fort Worth and the City of Burleson agree and ordain that the adoption by
both cities of this Joint Ordinance and Boundary Agreement, and the boundary change resulting
therefrom, do not mitigate, dimimsh or lessen m any way the nghts that either party may have, at
law or in equity, to challenge or contest any other ailnexatiens, attempted annexations or
extraterntonal ~unsdiction claims made by the other party
SECTION 9
This Joint Ordinance and Boundary Agreement shall become effective and shall become
a binding agreement upon the Crty of Burleson and the Crty of Fort Worth by the adoption of
same m regular open city council meetings of the City of Burleson and the Crty of Fort Werth.
SECTION 10.
This Joint Ordinance and Boundary Agreement, upon adoption by both crtaes, shall be
executed m duplicate originals by the Mayor of each city
APPROVED, by the Crty Council of the Crty of Burleson on this ~~ day of January,
2003
Byron Black, Mayor
City of Burleson
Joint Boundary Agreement
Page 5
ATTEST
City Secret
Crty of Burle
APPROVED AS TO FORM
AND LEGALITY.
Assistant Crty ttorney, Crty of urleson
APPROVED, by the Crty Council of the Crty of Fort Worth on this ~ ern day of
December, 2002
Kenneth Barr, Mayor
Crty of Fort Worth
ATTE~'
Gloria Pearson,
Crty of Fort We
APPROVED AS TO FORM AND LEGALITS'
David Yett, Crty Attorney
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BY S.~`'L ~~~~4./1_ ~
Sarah Fullenw, i~er, Assistant City Attorney, City of Fort Worth
EXHIBIT "A"
DESCRIPTION OF PROPERTY SURVEYED
DESCRIPTION, of a 0.339 acre tract of land situated in the Sarah Gray Survey, Abstract No. 558,
Tarrant County, Texas; said tract being a portion of Lot 1, Block A, Gateway Station Addition, an
addition.to the City of Burleson and the City of Fort Worth, Tarrant County, Texas according to
the plat thereof recorded in Volume A, Page 7059 of the Map Records of Tarrant County, Texas;
said 0.339 acre tract being more particularly described as follows;
COMMENCING at the intersection of the centerline of McAlister Road (County Road 1017, a
variable width right-of way) and the west right-of-way {ine of the M.K.&T Railroad (a 100 fioot
right-of-way), said point being a northeast comer of the city limits of Burleson and an interior
corner of the city limits of Fort Worth,
THENCE, South 07 degrees, 47 minutes 14 seconds East, along the said west railroad right-of-
way line, and along the common city limit line between Fort Worth and Burleson, a distance of
908.75 feet to the POINT OF BEGINNING, said point being a southwest comer of the city limits of
Fort Worth and an interior corner of the city limits of Burleson;
THENCE, South 89 degrees, 49 minutes 41 seconds East, departing the said west railroad right-
of-way line, and along the common city limit line between Fort Worth and Burleson, a distance of
485.33 feet to a point for corner;.
THENCE, South 00 degrees, 107 minutes 19 seconds West, departing said city limit line, a
distance of 29.25 feet to a point for corner;
THENCE, South 89 degrees, 52 minutes 10 seconds West, along the common building line
between the buildings addressed as 12950 South Freeway (Linen's and Things) and 12930
South Freeway (Petsmart), a distance of 480.89 feet to a point for corner, said point being in the
said west railroad right-of-way line,
THENCE, North 07 degrees, 47 minutes 14 seconds West, along the said west railroad right-of-
way line, a distance of 32.10 feet to the POINT OF BEGINNING.
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CONTAINING, 14,748 square feet or 0.339 acres of land, more or less. ~ \,`~%
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JA ~S A. ~KOCN, JR.
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N SOUTHWEST INDUSTRIAL PARK
(VOL 388-155, PG. 35)
_ _ _ 480.3' _ _
5/8-INCH IRON
ROD FOUND
McALLISTi'ER ROAD (CR ~017~
I (A VARI~~A++BLE WIDTH RIGHT-aF-WAY)
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CITY OF FORT WORTH
CITY OF BURLESON
-0.339 ACRES
14,748 SQ. FT.
~7 o'i 9Aw
29.25'
LOCATED IN THE CITY OF BURLE~ON, TEXAS
AND BE3NG OUT OF THE
SARAH GRAY SURVEY, ABSTRACT N0. 5~8,
TARRANT COUNTY, TECAS
City of FoYt Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBEC'R19380 LOG NAME 06JOINT PAGE 1 of
12/17/02 ** 2
SUBJECT JOINT ORDINANCE AND BOUNDARY AGREEMENT WITH THE CITY OF BURLESON
TO ADJUST THE BOUNDARY BETWEEN FORT WORTH AND BURLESON IN THE
AREA SOUTH OF MCALISTER ROAD fFM 10171
RECOMMENDATION
It is recommended that the City Council
1 Approve the attached Joint Ordinance and Boundary Agreement with the City of Burleson in
connection with the Gateway Station Commercial Development; and
2 Authorize the Mayor to execute the attached Joint Ordinance and Boundary Agreement.
DISCUSSION
On July 17, 1984 (Ordinance No 9147), the City Council authorized moving the Fort Worth/Burleson
city limit line to 900 feet south and parallel of the centerline of McAlister Drive (FM 1017)
On January 16, 2001, the Fort Worth Plan Commission approved the filing of a final plat for Gateway
Station Addition Since the final plat crossed the common boundary line with the City of Burleson, the
Burleson City Council approved the same plat on May 10, 2001 The approved .final plat indicated the
location of the common boundary line between the two cities and building permitting, inspections and
issuance of Certificates of Occupancy was based upon the approved .final plat.
On October 18, 2002, the City of Burleson notified the City of Fort Worth that the developer's engineer
discovered an error in the common boundary line Research confirmed the final plat had indicated the
common boundary line too far to the south The result is this error has placed a portion of the existing
PetsMart Store in both cities To clarify jurisdictional issues, it has been negotiated to adjust the
common city boundary line to the common wall between Linens and Things and PetsMart. The building
official has determined the existing concrete tilt-up wall without any penetrations is sufficient and will
serve as the necessary separation as required in the .Building Code
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
14,748 square feet (0 339 acres) from the City of Burleson to the City of Fort Worth The Joint
Ordinance and Boundary Agreement is scheduled for consideration by the Burleson City Council on
December 12, 2002 and January 9, 2003 Approval of the Joint Ordinance and Boundary Agreement
by both cities will effectuate disannexation and release of 0 339 acres by the City of Burleson and
annexation of the same property by the City of Fort Worth
The property would be an addition to COUNCIL DISTRICT 6
City of Fort Worth, Texas
Mayor and Council Communication
DATE
12/17/02 REFERENCE NUMBER
**C-19380 LOG NAME
06JOINT PAGE
2 of 2
SUBJECT JOINT ORDINANCE AND BOUNDARY AGREEMENT WITH THE CITY OF BURLESON
TO ADJUST THE BOUNDARY BETWEEN FORT WORTH AND BURLESON IN THE
AREA SOUTH OF MCALISTER ROAD (FM 1017)
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
RR.k
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 12/17/02
ORDINANCE NO 15381
Additional Information Contact:
Bob Riley 8901