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HomeMy WebLinkAboutOrdinance 19023-02-2010CITY OF LAKE WORTH ORDINANCE NO 938 CITY OF FORT WORTH ORDINANCE NO 19023-02 2010 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 City 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 boundanes, and WHEREAS, mumcipalrties 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 mumcipalrties to make mutually agreeable changes m their boundanes of areas that are less than 1 000 feet in width, and WHEREAS the tract of land subject to this Ordinance and fully described in Exhibit `B" is less than 1 000 feet in 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 hmrts of Lake Worth, and WHEREAS the respective governing bodies of the cities hereby determine that this point 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 ~omt 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 Fort Worth hereby relinquishes approximately 1 9 acres noted as portions of Lots 1-4 Block A, Lake Worth Retail No 2 on Exhibit A and described m Exhibit `B" 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 said portions of Lots 1-4 Block A, Lake Worth Retail No 2 depicted on Exhibit A and described m Exhibit `B" into its corporate limits. SECTION 3. This ordinance shall be cumulative of all provision of ordinances of the City of Fort Worth and the City 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 4. It is hereby declared to be the intention of the Crty 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 Junsdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections, since the same would have been enacted without incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 5. The City of Fort Worth and the City of Lake Worth do hereby covenant and agree to protect, preserve, and defend the herein depicted boundary adJustment. SECTION 6. The City of Fort Worth and the City of Lake Worth agree and ordain that the adoption by both cites of this Joint Ordinance and Boundary Agreement, and the boundary changes resulting there from do not mitigate, diminish or lessen in 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 Junsdiction claims made by the other party Page 2 SECTION 7 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 Crty of Fort Worth and the City of Lake Worth. SECTION 8. This Joint Ordinance and Boundary Agreement, upon adoption by both cities, shall be executed m duplicate originals by the Mayor of each city »~?"~APPROVED this day of 2010 ~~ t 1. lay. ~`~~ - ~'~~~ ~'~ CITY OF LAKE WORTH, TEXAS cy ,,, ,.. ~~ _~ ~`~.'} ,,x pug °~. ~.,~A City Secretary City of Lake Worth Mayor Crty of Lake Worth APPROVED AS TO FORM AND LEGALITY ~1~~ CITY ATTORNEY Page 3 APPROVED this 2°a day of February 2010 Page 4 CITY OF FORT WORTH, TEXAS ~L m Pro osed Boundary Transfer and Adjustment ExhibitA )RDINANCE NO 19023-02 2010 CIRCLE 00, ~ O w z ~~ ~-_ v a N z m a v= r- AZLE - ,v ~Q. \ ~`~~ vv - ~P ~~~ l TELEPHONE 3 m .'~ ` ~NNEAU ~-l--J J CHARS ~- Transfer to Lake Worth from Fort Worth, Approximately 1 9 acres Q 0 m Z Q Q: N NORTHWEST CEO E ~O~ 9~~~ ~~ ~,~ 0 250 500 750 1000 Feet yi~~ --•--__. / 9,q ~~F ,_ss ,,%'~'~ /• `~~~ ~~~_~C SH 199 LgKE I T ~ WORrH FM 1220 ~ /~~~ G G ~~ Legend o Fort Worth City Limits O Adjacent City of Lake Worth - Proposed Transfer Area oe.dopmanr uapertmonr FORTWORTH ]1/7/09-BN © w..s,......a.a.,,~,..«ew.~..a~.~.....~...n~....w..ed.. -~ ~--- a Exhibit B ORDINANCE NO 19023-02 2010 Political Subdivision Description For City of Fort Worth And City of Lake Worth Boundary Adjustment A parcel of land out of Lots 1-4 Block A, Lake Worth Retail No 2 according to plat thereof recorded at Tarrant County Clerks Instrument Number D206094821, and being more particularly described by metes and bounds as follows to wit; BEGINNING at the southwest corner of said Block; THENCE with the south line of said Block, the following courses and distances, South 89 degrees 12 minutes 03 seconds East, 106 17 feet; North 82 degrees 33 minutes 40 seconds East, 106 $3 feet; North 85 degrees 12 minutes 32 seconds East, 658.57 feet; And North 69 degrees 00 minutes 36 seconds East, 44 73 feet, to its east corner and being in the present nght-of way of State Highway Number 199; THENCE with the northeast line of said Lot, and with said right-of way North 62 degrees 04 minutes 45 seconds West, 163.59 feet, to its intersection with the present City Limits, according to City of Fort Worth Ordinance Number 3717 and being in a line 200 feet south of and parallel with the south nght-of--way as described by said Ordinance of Charbonneau Road, THENCE with said line 200 feet south of and parallel with said right-of way South 84 degrees 26 minutes 19 seconds West, 769.87 feet, to its intersection with the west line of said Block, said intersection being 200 feet south of and perpendicular to the northwest corner of the right-of way dedication for Charbonneau Road, according to plat recorded in Cabinet A, Slide 10672, of the Plat Records of Tarrant Caunty Texas; THENCE with the west line of said Block, South 00 degrees 25 minutes 44 seconds East, 85.31 feet, to the PLACE OF BEGINNING and containing some 1 877 acres of land, more or less. This description prepared in electronic format by Hans Kevin Hansen, RPLS # 4786, in November 2009 Beanngs and distances, per or calculated from cited 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 in real property except those nghts 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 ~. CL'1'U1NCwL ACTiQN. Appr©ved on 212/201 ~ -Ord. N~. 19023-t~2-2~1 z_ DATE. Tuesday February 02, 2010 REFERENCE NO. C-24063 LOG NAME. 065030 LAKE WORTH BOUNDARY ADJUSTMENT 12-09 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 (COUNCIL DISTRICT 7) 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 2010 the City Council met in Executive Session regarding a proposed boundary adjustment related to existing and future retail establishments at the southwest corner of Charbonneau Road and Jacksboro Highway (State Highway 199). The southern-most portion of the sites 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 1 9 acres south of Charbonneau Road from the City of Fort Worth to be within the City of Lake Worth city limits. This action would allow the commercial tracts to be developed under the guidelines of one City 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 1 9 acres from the City of Fort Worth 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 CERTIFICATIONS. Submitted for City Managers Office bye Fernando Costa (6122) Logname: Ob5030 LAKE WORTH BOUNDARY ADJUSTMENT 12-09 Page 1 of 2 Originating Department Head. Additional Information Contact: Susan Alanis (8180) Beth Knight (8190) Logname: 065030 LAKE WORTH BOUNDARY ADJUSTMENT 12-09 Page 2 of 2