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HomeMy WebLinkAboutOrdinance 14502CITY OF LAKE WORTH ORDINANCE NO. 621 CITY OF FORT WORTH ORDINANCE NO 14502 JOINT ORDINANCE AND BOUNDARY AGREEMENT STATE OF TEXAS § § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS. WHEREAS, the City of Fort Worth is a home rule city lying and being situated in the Counties of Tarrant, Johnson, and Denton, State of Texas, and WHEREAS, the City of Lake Worth is a home rule city lying and being situated in the County of Tarrant, State of Texas adjacent to the City of Fort Worth, and WHEREAS, a proposed development depicted on Exhibit "A" attached hereto and incorporated herein for all purposes ("Development") is a property located in Fort Worth and Lake Worth, and WHEREAS, as the parties recognize that development is more desirable if located in only one jurisdiction, 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, the portion of the Development located in Fort Worth is less than 1,000 feet in width, and WHEREAS, the City of Fort Worth and the City of Lake Worth desire to adjust their corporate boundary lines so that the entire Development is located in Lake Worth NOW THEREFORE, BE IT ORDAINED AND MUTUALLY AGREED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH AND THE CITY COUNCIL OF THE CITY OF LAKE WORTH SECTION 1. That pursuant to Section 43 031 of the Texas Local Government Code, the following corporate boundary change and realignment between the City of Fort Worth and the City of Lake Worth, as hereinafter described, is in the interest of the property owners and inhabitants of both cities. SECTION 2. That the City of Fort Worth and the City of Lake Worth hereby agree to the boundary change depicted in detail on Exhibit "A" W•\IakeWorth\ORDINANC\FW Boundary wpd (12/28/00) Page 1 SECTION 3 In accordance with the terms of this Ordinance and Agreement, the Clty of Fort Worth hereby relinquishes to Lake Worth and disannexes and discontinues as a part of the City of Fort Worth that portion of the Development located south of the current Fort Worth city limit line as depicted in detail on Exhibit "A" SECTION 4. In accordance with the terms of this Ordinance and Agreement, and pursuant to Section 43 031 of the Texas Local Government Code, the City of Lake Worth accepts into its corporate limits all portions of the Development relinquished and disannexed by the City of Fort Worth so that the common boundary line between Lake Worth and Fort Worth is now the southern boundary line of the Development as depicted on Exhibit "A" SECTION 5 This ordinance shall be cumulative of all provisions of ordinances of the City of Lake Worth, Texas, and Fort Worth, Texas 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 City Council 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 by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section SECTION 7 That the City of Fort Worth and the City of Lake Worth do hereby covenant and agree to protect, preserve and defend the herein described boundary adjustments SECTION 8 That 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 BoundaryAgreement,and the boundary change resulting therefrom, 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 9 That this Joint Ordinance and BoundaryAgreementshatl become effective and shall become a binding agreement upon the City of Fort Worth and the City of Lake Worth by W\LakeWorth\ORDINANC\FW Boundary wpd (12/28/00) Page 2 the adoption of same in regular open city council meetings of the City of Fort Worth and the City of Lake Worth SECTION 10 That this Joint Ordinance and Boundary Agreement, upon adoption by both cities, shall be executed in duplicate originals by the Mayor of each City PASSED AND APPROVED, .3~~ day of ~~^~~ , 2001 by the City Council of the Clty of Fort Worth on this ATT ST City Secretary City of Fort Worth APPROVED AS TO FORM AND LEGALITY David L Yett, City A rney City of Fort Worth Kenneth Barr, Mayor City of Fort Worth PASSED AND APPROVED, by the City Council of the City of Lake Worth on thls 13th day of June, 2000 ATTEST BY ~ 4~ Walter Bowen, Mayor ~~ City of Lake Worth City Secretary City of Lake Worth APPROVED AS TO FORM AND LEGALITY ~/~ O,~'~--- Wayne K. Olson, City Attorney City of Lake Worth W'\LakeWorth\ORDINANC\FW Boundary wpd (12/28/00) Page 3 ..,..- - ' 1 Y a'~J' ~ ~~, ~ ' . J ' y sr •• FORT WORTH CITY LIMITS •~ .. ;o :~ :: . -_ . -,-~ ... -~ ~r' .. :~ ..~ 'r •~~.: ~ ~ :~ .. ...........,:.1:i:'.. ... ... .... .............. ,. .. ~. ,~ r } F- U H O 3 i~ o C w ..lf { / J ((/V/)J 1" = 1,330 Ft. ~ ,~_ Exhibit 'A' Disannexation of 2.792 Acres ~ORTW°~T~ -.~_ (Page 1 of 1) Project Case No. D-00-01 ~~ 1st Publ' H N/ MAP LEGEND MAP tzEF~R~rycEs Current Incorporated Area ~ Mapsco 46-Y Acres to be Annexed N1A Zoning Map 34-1 & Acres Disannexed 33-5 Tad Map:2018-412 I / ~ Q ~. tc eartng A 2nd Public Hearing N/A Date of Adoption Council District. 7 Focus Area. None N VV L J , Being a tract of land in the J WILCOX SURVEY ABSTRACT NUMBER 1741, and the J M BASQUEZ SURVEY ABSTRACT NUMBER 85, Tarrant County, Texas, and being a portion of a tract of land described in a deed to VERNON C CARR, Recorded in Volume 6813, Page 1533, Deed Records Tarrant County, Texas, together with a portion of a tract of land described in a deed to SUNDIAL DEVELOPMENT CORPORATION, recorded in Volume 11044, Page 467, Deed Records, Tarrant County, Texas, and being described as one tract by metes and bounds as follows Beginning in the south line of Lot 3RA, Block 4, CALEB'S MOUNTAIN ADDITION, according to the plat recorded in Cabinet A, Slide 4563, Plat Records, Tarrant County, Texas, said point lying 20 26 feet North 80 degrees 41 minutes 49 seconds West from the southeast corner of said Lot 3RA, THENCE South 80 degrees 41 minutes 49 seconds East a distance at 160 26 feet passing the southwest corner of Lot 3RB2, in said Block 4, at 360 26 feet passing the southeast corner of Lot 3RB2, in all a total distance of 1,209 43 feet to the westerly line of Interstate Highway Loop 820, THENCE South 21 degrees 36 minutes 58 seconds West a distance of 102 72 feet, THENCE North 70 degrees 03 minutes 45 seconds West a distance of 292 54 feet to a ~" iron pin found in a curve, concave to the northwest, having a radius of 527 46 feet, and a long chord which bears 169 48 feet, South 47 degrees 40 minutes 46 seconds West, THENCE Southwesterly along the east line of proposed Boat Club Rd and along said curve, passing through a central angle of 18 degrees 29 minutes 25 seconds, a distance of 170 22 feet to a TxDot Monument at the end of said curve, THENCE North 70 degrees 03 minutes 45 seconds West at 134 94 feet passing a Texas Highway Department concrete monument found in the west line of proposed Boat Club Rd , in all, a total distance of 809 23 feet, THENCE North 09 degrees 18 minutes 11 seconds East a distance of 30 00 feet to the POINT OF BEGINNING, said described tract containing 2 792 acres of land EXHIBIT City of Fort Worth, Texas M,,A~o~ and Council Cammun~cAtion DATE REFERENCE NUMBER LOG NAME PAGE 1/30/01 PZ-2280 06DIS 1 of 2 suB~ECT JOINT ORDINANCE AND BOUNDARY AGREEMENT WITH THE CITY OF LAKE WORTH TO DISANNEX 2.792 ACRES OF LAND FROM THE CITY OF FORT WORTH, AND TO RELEASE SAID LAND FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF FORT WORTH, SAID LAND BEING SITUATED IN THE J WILCOX SURVEY, ABSTRACT NUMBER 1741, AND THE J M BASQUEZ SURVEY, ABSTRACT NUMBER 85, IN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS RECOMMENDATION It is recommended that the City Council Approve the attached Joint Ordinance and Boundary Agreement with the City of Lake Worth whereby the City of Fort Worth disannexes the above 2 792 acres of land from its corporate boundaries, and the City of Lake Worth annexes the property; and 2. Authorize the Mayor to execute the attached Joint Ordinance and Boundary Agreement. DISCUSSION The City of Lake Worth has requested that the City of Fort Worth disannex 2.792 acres out of a 7 540- acre tract of land to facilitate the construction of a convenience store with gasoline sales and other commercial development. The proposed development is situated on property that traverses the common boundary line between the cities of Fort Worth and Lake Worth Future buildings and gas pump units will front along State Highway 199 and be situated on the Lake Worth side of the property comprising 4 748 acres Therefore, all sales tax and most ad valorem tax will accrue to the City of Lake Worth Lake Worth will also be providing water and sewer utilities to the property It is therefore recommended that the subject 2.792 acres be disannexed to relieve the City of Fort Worth from a service commitment to property that will generate minimal revenues to fund required services The subject 2 792 acres is located at the southwest corner of State Highway 199 and Interstate Highway Loop 820 This property is contiguous to COUNCIL DISTRICT 7 The City,,',~of:~Lake Worth has approved the attached Joint Ordinance and Boundary Agreement. Adopfiion'of.therattachment by the City of Fort Worth will effectuate the disannexation and release of the subject property from the City of Fort Worth's extraterritorial jurisdiction and acceptance of the property intorthe city lirn:i,ts of Lake Worth Recommended .action of the Joint Resolution has been delayed pending an agreement between the City-of Lake Worth and the City of Fort Worth regarding mutual drainage area issues. P h• } ~ ~ y,, .. f ~ ~ ,}r. ~ 4j City of Fort Worth, Texas ~1-~Aya~ And Caunc~l L,ommun~cAt~an DATE REFERENCE NUMBER LOG NAME PAGE 1/30/01 PZ-2280 06DIS 2 of 2 SUBJECT JOINT ORDINANCE AND BOUNDARY AGREEMENT WITH THE CITY OF LAKE WORTH TO DISANNEX 2.792 ACRES OF LAND FROM THE CITY OF FORT WORTH, AND TO RELEASE SAID LAND FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF FORT WORTH, SAID LAND BEING SITUATED IN THE J WILCOX SURVEY, ABSTRACT NUMBER 1741, AND THE J M BASQUEZ SURVEY, ABSTRACT NUMBER 85, IN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds. MG•k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) "rR~V~~ M Mike Groomer 6140 , (~ ITY ~O~ ~ ~ Originating Department Head: C ' " " ~N s~ ~~ ` Bob Riley 8901 (from) ~~ Additional Information Contact: ° ""`~ C-ty gacte~r'f of YM f Fort Wortlt.l~as Cit, o Kevin Lasher 8030 Adopted Qrc~inance No, l ysv2