HomeMy WebLinkAbout1945 03-20-2012 CITY OF COLLEYVILLE ORDINANCE NO. 0 -/,$-/8e 8
CITY OF EULESS ORDINANCE NO. 1945
JOINT ORDINANCE AND BOUNDARY ADJUSTMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, the City of Colleyville, Texas is a home rule municipality located within
Tarrant County; and
WHEREAS,the City of Euless, Texas is a home rule municipality located within Tarrant
County; and
WHEREAS, pursuant to the authority granted in Section 43.031 of the Texas Local
Government Code, as amended, adjacent municipalities may make mutually agreeable changes
in their boundaries of areas that are less than 1,000 feet in width; and
WHEREAS, Colleyville and Euless are adjacent; and
WHEREAS, "Tract A", as described and depicted in Exhibit A, which is attached hereto
and incorporated herein by reference, is uninhabited and is less than 1,000 feet in width; and
WHEREAS, Colleyville and Euless desire to identify mutually agreeable corporate
boundaries between the two communities; and
WHEREAS, Colleyville and Euless, in the true spirit of governmental cooperation,
intend this Joint Ordinance and Boundary Adjustment Agreement to reflect sound growth
management principles and interregional planning.
NOW THEREFORE, BE IT ORDAINED AND MUTUALLY AGREED BY THE
CITY COUNCIL OF THE CITY OF COLLEYVILLE AND THE CITY COUNCIL OF
THE CITY OF EULESS:
SECTION 1.
The findings set forth above are incorporated into the body of this ordinance and
agreement as if fully set forth herein.
SECTION 2.
Pursuant to Section 43.031 of the Texas Local Government Code, Tract A, as described
and depicted in Exhibit A, shall be released from the corporate boundaries of Euless and
simultaneously incorporated into the corporate boundaries of Colleyville.
Ordinance No. 1945 Boundary Agreement with the City of Colleyville Page 1
SECTION 3.
The laws of the State of Texas shall govern the interpretation, validity, performance, and
enforcement of this ordinance and agreement. The parties agree that exclusive venue shall lie in
Tarrant County, Texas for any dispute arising out of this ordinance and agreement. Before a suit
is filed by either party based on or pertaining to this ordinance and agreement, the parties agree
that they will submit the dispute for mediation, pursuant to the procedure described in Section
154.023 of the Texas Civil Practice and Remedies Code, as amended.
SECTION 4.
The effective date of this ordinance and agreement shall be the last day this ordinance
and agreement is approved by a party hereto as indicated on the signature blocks below.
SECTION 5.
Either party may file a certified copy of this ordinance and agreement in the real property
records of Tarrant County, Texas.
SECTION 6.
It is expressly understood and agreed that, in the execution of this ordinance and
agreement, no party waives, nor shall be deemed hereby to have waived, any immunity or
defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions. By approving this ordinance and agreement, the parties do
not create any obligations, express or implied, other than those set forth herein, and this
ordinance and agreement shall not create any rights in parties not signatories hereto.
SECTION 7.
This ordinance shall be cumulative of all provisions of ordinances of the cities of
Colleyville, Texas, and Euless, 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 8.
It is hereby declared to be the intention of the City Council of the City of Colleyville and
the City Council of the City of Euless that the phrases, clauses, sentences, paragraphs and
sections of this ordinance and agreement are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance and agreement 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 and agreement, since the same would have been enacted by the City Council of the
City of Colleyville and the City Council of the City of Euless without the incorporation in this
ordinance and agreement of any such unconstitutional phrase, clause, sentence, paragraph or
section.
Ordinance No. 1945 Boundary Agreement with the City of Colleyville Page 2
SECTION 9.
Should this ordinance and agreement for any reason be ineffective as to any part of the
area hereby incorporated into the City of Colleyville, such ineffectiveness of this ordinance and
agreement as to any such part or parts of any such area shall not affect the effectiveness of this
ordinance and agreement as to the remainder of such area. The Colleyville City Council hereby
declares it to be its purpose to include as part of the City of Colleyville every part of the area
described in Exhibit A of this ordinance and agreement, regardless of whether any part of such
described area is hereby not effectively annexed into the City. Provided, further, that if there is
included within the general description of territory set out in Exhibit A of this ordinance and
agreement to be hereby annexed into the City of Colleyville any lands or area which are
presently part of and included within the limits of the City of Colleyville, or which are presently
part of and included within the limits of any other city other than the City of Euless, or which are
not within the City of Colleyville's jurisdiction to annex, the same is hereby excluded and
excepted from the territory to be annexed hereby as fully as if such excluded and excepted area
were expressly described herein.
SECTION 10.
The City of Euless and the City of Colleyville do hereby covenant and agree to protect,
preserve and defend the herein described boundary adjustments.
SECTION 11.
This Joint Ordinance and Boundary Adjustment Agreement, upon adoption by both
cities, shall be executed in duplicate originals by the Mayor of each City.
APPROVED by the C. Council of The City of Colleyville, Texas, at its meeting held
on the lay of Ta,,,t_e_ 2012.
CITY OF COLLEYVILLE,TEXAS
By: ��..
David Kelly, Mayo '
• ile
ATTES '► / J r
By: OF
nthia 1 tleton, City Secretary
APPROVED AS TO FORM AND LEGALITY:
ri\N3\ • R_,
Matthew C.G. Boyle, City Attorney
Ordinance No. 1945 Boundary Agreement with the City of Colleyville Page 3
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on the 28 day of February 2012, by a vote of 5 ayes, 0
nays and 0 abstentions.
CITY OF EULESS
By: l� Jthh
Mary Lib aleh, Mayor
ATTEST:
By:
utter, RMC, City Secretary
APPROV AS TO FORM AND LEGALITY:
ore
ayne K. Olson, City Attorney
Ordinance No. 1945 Boundary Agreement with the City of Colleyville Page 4
EXHIBIT A
"TRACT A"
EXHIBIT "A'
NOTE,
DAVID GLEN
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prepared by Grant Engineering,Inc on 1-53-2008. I W I ORTCT.
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SPARGER FAMILY LIMITED PARNCRSHIP / )((((([ OWLES A MEL,R
ik u' I VELURE I64T2.PAGE 390. VOLUME 3522-PATE 5w0.
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DATE, r DRTLT.
1'4'31'1 Oa i
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1
pp,2 � I;
SS A•37.4rm• r Ai ANNEXATIDN TO TIE
1t0 R=84333' CITY OF COLLEYVDIE
L-128193' / Okr,"11111111111.� m LC-N`tom 7 4.438 ACRES
/ , or 193,301 soft.. \ S89'57'50"E
' X 3990•
' seas'
sir NILE ---- ' , •
CHEEK SPARGER ROA ` %NW A `\\
m1+n, l'STry LaeTS_ _.►_ �`
a[1DM0 C[TY 1x16� aewlpmrII NIDpON 106170• ��:'� •1 V '.
v Lin"
t"i P.O.B. B.B.B. & C.C.R. CO. SURVEY
s P' ABSTRACT NO. 441 A-12'33.23'
E Q•s� R-1038.63'
CITY LIMIT LINE ADJUSTMENT q_ Lx•.>;7 ,yE
DESCRIPTION C,�_ 231.54'
TO THE CITY OF COI I FYVTI I F !`
Being the certain tract of land situated in the I.DOSS SURVEY,Abstract No.441 and being a portion of the Ordinance No.192 to City
of Euless and a portion of the tract described in the deed to Sparser Family Limited Partnership as recorded in Volume 16472,Page
390 of Deed Records,Tarrant County,Texas and being more particularly described as follows:
BEGINNING at a point at the intersection of the Colleyville City Limit and the Bedford City Limit boundaries from which a 5/8"iron rod
found for the southwest corner of said Sparger tact bears North 69'11'27"West at 20758 feet,
THENCE North 00'07'13'West,25.16 feet to the beginning of a curve to the left,
THENCE northeasterly with said curve to the left,having a radius of 843.63 feet,a central angle of 37'42'05',an arc length of 250.26
feet to the apparent intersection of the north right-of-way of said Cheek Sparger Road and the east right-of-way line of Heritage
Avenue,continuing with said east right-of-way line a total arc length of 1281.93 feet and a long chord of North 42'29'27"East at
1162.08 feet to a 5/8 inch iron rod found for the end of said curve,same being the merging of the east right-of-way line of Woodpark
Lane;
THENCE South 01'02'49'East with sad east right-of-way hue of Woodpark Lane,750.80 feet to the southwest corner of the tract
described to Charles A.Noel,Jr.and wife,Mary Lea Noel as recorded in Volume 3522,Page 540 of said Deed Records;
THENCE South 89'57'50'East with the south line of said Hoel tract,approximately 38.00 feet to the northwest corner of the tract
described to Cheek-Sparger Properties,LIP.as recorded in Document No.0206013089 of said Deed Records;
THENCE South 05'10'42'East,58.85 feet to the beginning of a curve to the right;
THENCE southeasterly with said curve to the right,having a radius of 105853 feet.a central angle of 12'33'23',an arc length of
232.00 feet and a long chord of South 71'31'54'East at 23154 feet;
THENCE South 65'18'09"East 4.39 feet to said north City Limit line of the Coy of Bedford and south City Limit line of the City of
Euless;
THENCE North 89'52'47"West with said common City limit line,1065.70 feet to the place of beginning and containing 4438 acres of
land,more or less.
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used to convoy or eela64h IrA.reet b fool prepay w eat phew
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RICKY L. ENTRY■ PumNO r PuwtaNG n RFAI ENTI,a cocwem ou.
n c"........,5319E_;Q•r N. BUILDING LINE SCALE 1' = 200'
n ,- a O 105 DENTON DRIVE
n.y,.!ao.e,iy r 1E UTILITY EASEMENT
��SURVE: DE DRAINAGE EASEMENT DRAWN BY R.L.G. ROANOKE,TEXAS 76262
POE POLLIC Imam EAYMIEIII - PHONE(817)961-0082
,( ,7 d CONTROLLING 1ea4MENT
44,�'�'""-"/ mF IRON ROD scum BLS JOB 5 _ FAX(817)961-0086
IRS IRON R®SET
x FENCE SHEET I OF I
Exhibit"A",Page 1
By:
MARY LOUISE GARCIA
COUNTY CLERK
r
CITY OF EULESS
201 N ECTOR DR
EULESS, TX 76039
Submitter: CITY OF EULESS
100 West Weatherford Fort Worth, TX 76196 -0401
PHONE (817) 884 -1195
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 4/11/2012 3:28 PM
Instrument #: D212087478
A
D212087478
6 PGS $32.00
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
Prepared by: SLDAVES
INVOICE
•
Star-Telegram Customer ID: CITO9
808 Throckmorton St. Invoice Number: 320310291
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 3/3/2012
Federal Tax ID 26-2674582 erms• Net due in 21 days
r °�� . ) '
ue Date: 3/31/2012
Bill To: MAR 08 2012 O Number:
CITY OF EULESS ACCOUNTS PAYABL
201 N ECTOR DR CITY O F._ }_ .l LESS rder Number: 32031029
EULESS, TX 76039-3543 z F1NANt�E DEPT ales Rep: 073
Description: CITY OF EULESS 0
Attn: ACCOUNTS . PAYABLE Publication Dates: 3/2/2012-3/3/2012
Des g t e ovation} + of €Depth ,,Linage MU ' Rate . , Amount
CITY OF 1 13580 1 24 24 LINE $6.16 $295.88
.L}i.1 •a.rt`yv'
Sales Disc, .1!'j''`` ` ` :`� LE ($288.48)
EFFECTIVE DATE.The effective date
of this ordinance and agreement
Misc Fee shall be the last day this ordinance $10.00
and agreement is approved by a
party hereto as indicated on the
asignature blocks
f S MAIMD ON FIRST
o e ofF a>tnrn Net Amount: $17.40
a vote of 5 awes, 0 nays and ``,011111110/4
ILpaf Notices �,l•`•
•HO �;f+G
abstentions. •Y P1161%. t
A SaMIU Meer C?'2 P'
TTitN�1CF. 5acreta►y
S..*:* \ c9
fsf K.'aria,car`Attorney �4/*E OF•
'..................... .
THE STATE OF TEXAS *j
111111110
31
County of Tarrant
h/
Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star-Telegram,published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say
that the attached clipping of an advertisement was publish 'n the above named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM
(817)215-2323 _4
Signed .,,7.�� CX.-
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday, M. ch '57012.
Notary Public ii//_ .41.' / hen _d.." �L
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CITO9
P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN
FORT WORTH, TX 76101-2051 Invoice Number: 320310291
Invoice Amount: $17.40
PO Number:
Amount Enclosed: $ I -7- 1