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HomeMy WebLinkAboutOrdinance 14261~;~` ~L ORDINANCE NO l y.~ 6~ ~ AN ORDINANCE DISANNEXING AND DISCONTINUING FROM THE CORPORATE LIMITS OF THE CITY OF FORT WORTH A CERTAIN 0 946 ACRE TRACT OF LAND LOCATED IN THEE S ELLIS SURVEY, TARRANT COUNTY, TEXAS, 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 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 That, in accordance with and subject to that certain Joint Resolution and Agreement between the City of Fort Worth and the City of River Oaks, a copy of which is attached hereto as Exhibit "A" and expressly made a part hereof, the following described land and territory within the corporate limits of the City of Fort Worth is hereby disannexed and ordered discontinued as a part of the City of Fort Worth, Texas, said territory being described as follows A tract of land out of the E S Ellis Survey in Tarrant County, Texas, .and described by metes and bounds as follows BEGINNING at the Northwest corner of Lot 7, Block E of WESTSIDE ACRES ADDITION to City of Fort Worth, Tarrant County, Texas, according to plat recorded in Deed Records, Tarrant County, Texas, THENCE NORTH 125 0 feet to a point in South line of Tidwell Drive, THENCE WEST with South line of Tidwell Drive 329 5 feet to point in East line of Churchill Road, THENCE SOUTH along East line of Churchill Road 125 0 feet to point for corner THENCE EAST 329 5 feet to Place of Beginning and containing 0 946 acres of land, more or less SECTION 2 That the above described territory is shown on the attached map marked Exhibit "B", which map is expressly incorporated herein for the purpose of illustrating and depicting the location of the above described property SECTION 3 That this ordinance shall and does amend 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 4 That it is hereby declared to be the intent 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 sha(I 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 unconstitutional phrase, clause, sentence, paragraph or section SECTION 5 Thaf`'the disannexation of the subject tract, and the effectiveness of this ordinance are and shall remain subject to the continued performance of the terms and conditions contained in paragraph 6 of the attached Joint Resolution and Agreement between the City of Fort Worth and the City of River Oaks SECTION 6 That this ordinance shall be in full force and effect from and after the date of its passage by the City Council, and it is so ordained A PROVED AS TO OR A D LEGALITY . .. illiam W Wood Deputy City Attorney DATE ~ "~.Z ' d ~ ADOPTED 7 ~~ "4 d EFFECTIVE 7`~~'~l~ 2 EXHIBIT "A" TOialSANNEXATION ORDINANCE (~6 Pages ) JOINT RESOLUTION AND AGREEMENT ~z~~~ STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § WHEREAS, the City of Fort Worth is a home-rule city lying and being situated in the counties of Tarrant and Denton, State of Texas, and WHEREAS, the City of River Oaks is a home-rule city lying and being situated within the County of Tarrant, State of Texas; and WHEREAS, the City of Fort Worth and the City of River Oaks desire to adjust their corporate boundary lines whereby the City of Fort Worth will disannex from its corporate limits a certain 0.946 acre tract of land located in the E.S Ellis Survey, Tarrant County, Texas (also known as Lot 5, Block F of the Westside Acres Addition) and described more particularly herein, and WHEREAS, following the disannexation of said tract by the City of Fort Worth, the City of River Oaks will annex said land for the location, construction and operation by River Oaks of a city community center; NOW, THEREFORE, BE 1T RESOLVED AND MUTUALLY AGREED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH AND THE CITY COUNCIL OF THE CITY OF RIVER OAKS That the following boundary realignment between the City of Fort Worth and the City of River Oaks, as hereinafter described, is in the interest of the property owners and inhabitants of both cities, and the City of Fort Worth and the City of River Oaks agree to proceed with due diligence in adopting the necessary annexation and disannexation ordinances adjusting their respective corporate boundaries and conducting all other proceedings necessary to effectuate this agreement. ~ 2. That in reliance upon the representations and covenants made by the City of River Oaks in paragraph 6 hereof, the City of Fort Worth hereby agrees to disannex from its corporate limits and to release from its extraterritorial jurisdiction the following described property located in Tarrant County, Texas. A tract of land out of the E S Ellis Survey in Tarrant County, Texas, and described by metes and bounds as follows. BEGINNING at the Northwest corner of Lot 7, Block E of WESTSIDE ACRES ADDITION to City of Fort Worth, Tarrant County, Texas, according to plat recorded in Deed Records, Tarrant County, Texas, THENCE NORTH 125.0 feet to a point in South line of Tidwell Drive, THENCE WEST with South line of Tidwell Dave 329 5 feet to point in East line of Churchill Road, THENCE SOUTH along East line of Churchill Road 125 0 feet to point for corner; THENCE EAST 329 5 feet to Place of Beginning, and containing 0.946 acres of land, more or less 3 That the disannexation of the above described tract of land by the City of Fort Worth shall automatically effectuate a release and relinquishment to the City of River Oaks of all extraterritorial jurisdictional rights which the City of Fort Worth may have in said tract. 4 That the City of River Oaks hereby agrees to annex the territory disannexed and released by the City of Fort Worth, as described in paragraph 2 hereof and shown on Exhibit "A" hereof, and the City of River Oaks agrees to assume al! rights and obligations appurtenant to said territory 5 That the City of Fort Worth and the City of River Oaks do hereby covenant and agree to protect, preserve and defend the herein described boundary alignment. 6 That in consideration of the City of Fort Worth disannexing said tract of land from its corporate limits, and releasing to the City of River Oaks all the extraterritorial jurisdictional rights which the City of Fort Worth may have in said tract, the City of River Oaks represents and covenants that it shall use said tract for the location, construction and operation by River Oaks of a public community center; that in the event the City of River Oaks fails to use said land for the herein described purposes within two (2) years from the date of mutual approval and execution of this Joint Resolution and Agreement, or in the event the City of River Oaks ceases to use atl or any portion of said Land for the herein described purposes or other public use, then the City of River Oaks shall take all actions 2 necessary to permit the City of Fort Worth to re-annex said territory or portions thereof not used for said purposes. To permit such annexation by the City of Fort Worth, the City of River Oaks shall: (1) disannex said tract or portion thereof from the corporate boundaries of the City of River Oaks, (2) release exclusively to the City of Fort Worth all extraterritorial jurisdictional rights which the City of River Oaks has or may have in said territory or portion thereof; and (3) take such other actions as necessary to effectuate the successful annexation thereof by the City of Fort Worth, including but not limited to, disannexation by the City of River Oaks of such other land as may be necessary to allow the City of Fort Worth to annex same in order to be contiguous to the territory or portion thereof described in (1) and (2) hereof 7 That the City of Fort Worth and the City of River Oaks agree and resolve that the adoption by both cities of this Joint Resolution and Agreement, and the disannexation and release of the above described tract by the City of Fort Worth, and the annexation thereof by the City of River Oaks, does 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 8 That this Joint Resolution and Agreement shall become effective and shall become a binding agreement upon the City of Fort Worth and the City of River Oaks by the adoption of same in regular open City Council meetings of the City of Fort Worth- and the City of River Oaks 9 That the Joint Resolution and Agreement, upon adoption by both cities, shall be executed in several originals and shall be spread in full on the minutes of each city A copy of this Joint Resolution and Agreement shall be executed by the Mayor and attested by the City Secretary of each city PASSED AN APPROVED by the City Council of the City of Fort Worth on this J~~day of 2000. 3 CITY Fr FORT WORTH By' \~. U~ Kenneth Barr, Mayor ATTEST t ~. .e ~' City Secretary icy of Fort Workh A PROVED AS TO FOR AND LEGALITY eputy City Attorney PASSED AND APPROVED by the City Council of the City of River Oaks this ~ 3t"- day of Su~F , 2000 CITY OF RIVER OAKS By- Mayor ~~o 'fEtr TTE ~~~ ~ ~ pity Seg~etary, City of River Oaks -~1~P VED AS TO FORM AND LEGALITY City Atto y City of fiver Oaks MAP LEGEND MAP REFERENCES Current Incorporated Area ~ 6 Mapsco 61-P Acres to be Annexed NSA Zoning Map 34-3 Acres Disannexed Tad Map 2030-400 1st Public Hearing N/A 2nd Public Hearing N/A Date of Adoption Council District: 7 Focus Area None (Exhibit 'A' Disannexation of 0.946 Acres F°RTy~r _-= (Page 1 of 2) Project Case No D-00-02 S S t .~ O O N ., ~tS j 3 TIOWELL 1i i ~ ~ ._.__..~ i ` _._ I , f e ij a tY :i' ~~ _ ~, J ~1.. /•• ., _i ~ { ~ , ., I ?'~ , ~ I ~ I ~~ ~ I ~ i I CII~T pr RLOCK ~ IN WEST3IUE ACRE^.. ~OO~TIp>v FOKS WORTH ZA,p or.Y^, COI~..~'l, YLX/~'b. Exhibit 'A' Disannexation of 0.946 Acres FORT~ORTH ~..=-- (Page 2 of 2) Project Case No D-00-02 t ;~ ~ ~ ~ - NOTE' ` 'TFS.3 CII.T IS YA:.D O~II'f If fl -°r,;,t:-t Yllil:,ii $IX 1.. t~ICnTt~S AFT[tt D~TC of 1~~~F~TC.~nt. I { Y1JtiT /•i•h„ t'._v t•:,t5 nnC ., f,_f.i' :`~.-~- 1 ~` /;~ i ~ t i.~ ' r - - ~ '-- •~~;..,: t•~~ I _. ~__~ b{2{~/ t ~.;.•. ,,::. .. 1 r~„ t_ f t `r ; ~. ~ ~j .~ ~ i s $~~~ EXHIBIT' "B" Z+0 DISP.~INEXATION ORDINANCE MAP LEGEND MAP REFERENCES Current Incorporated Area ~ 6 Mapsco 61-P Acres to be Annexed NSA Zoning Map 34-3 :1: : : :.: < : : : : : : : <: : : : < :: : Acres Disannexed ::.>;::::: L: :: r } ::: z;;s: :::::::.::::::.: Tad Map 2030-400 1st Public Hearing N/A 2nd Public Hearing N/A Date of Adoption Council District. 7 Focus Area None FO)EZTwOIZTH Exhibit 'B' Disannexation of 0.946 Acres ~- --..- (Page 1 of 1) Project Case No. D-00-02 City of Fort Worth, Texas a o~ a~vd aa~tc;l con~~an~c~~ian ~~ ~ ~.. DATE REFERENCE NUMBER LOG NAME PAGE 7/11!00 PZ-2217 12ORDINANCE 1 of 2 SUBJECT ORDINANCE DISANNEXING AND DISCONTINUING FROM THE CORPORATE LIMITS OF THE CITY OF FORT WORTH FOR ANNEXATION BY THE CITY OF RIVER OAKS A CERTAIN 0 946 ACRE TRACT OF LAND LOCATED IN THEE S ELLIS SURVEY, TARRANT COUNTY, TEXAS RECOMMENDATION It is recommended that the City Council adopt the attached ordinance disannexing and discontinuing from the corporate limits of the City of Fort Worth, a certain 0.946 acre tract of land located in the E S Ellis Survey, Tarrant County, Texas DISCUSSION The City of River Oaks has requested that the City of Fort Worth disannex a 0 946 acre of land so that the City of River Oaks may annex the subject land for the construction and operation of a city community center The 0 946 acre tract is located in the E. S Ellis Survey, Tarrant County, Texas. To facilitate the proposed disannexation, the River Oaks City Council has approved a Joint Resolution and Agreement which provides that the City of Fort Worth will disannex the described land and release it from its extraterritorial jurisdiction The City of River Oaks then will adopt the appropriate ordinance annexing the land into its corporate limits. In addition, the City of River Oaks has agreed that if it fails to use the subject land for the prescribed purposes within two years from the date of mutual approval of the Joint Resolution and Agreement, or in the event the City of River Oaks ceases to use all or any portion of the land for the described purposes or other public use, then the City of River Oaks shall take all actions necessary to permit the City of Fort Worth to re-annex the subject land or portions thereof not used for those purposes. Should the Fort Worth City Council desire to accommodate the City of River Oaks, the appropriate action hereunder will be for the City Council to adopt the attached ordinance disannexing the subject land from the corporate limits of the City of Fort Worth The tract to be disannexed is a part of COUNCIL DISTRICT 7 City of ~©r~t i~'orth, Texas ~~A~or u~t~ ~,uutt~i( L,,uututun;ca~~un DATE 7/11/00 REFERENCE NUMBER PZ-2217 LOG NAME 120RDINANCE PAGE 2 of 2 SUBJECT ORDINANCE DISANNEXING AND DISCONTINUING FROM THE CORP®RATE LIMITS OF THE CITY OF FORT WORTH FOR ANNEXATION BY THE CITY OF RIVER OAKS A CERTAIN 0 946 ACRE TRACT OF LAND LOCATED IN THEE S ELLIS SURVEY, TARRANT COUNTY, TEXAS FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that approval of the attached ordinance will not require the expenditure of funds CB•k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) ~ AAPROy E® Charles Boswell 8511 Iv~~Y ~~~ Originating Department Head: ' `~~L. JUL ~ 1 David Yett 7606 (from) . 200D ~ Additional Information Contact: t ~rc~WJ CjtP S QCIOta Cltq of Fort Y ra }~f T~r David Yett 7606 .< Adapted Ordirla~le~ i~a..~y16~~