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Home My WebLink AboutOrdinances (O-12-1828)-03/20/2012CITY OF COLLEYVILLE ORDINANCE NO. D~.2 -/8Z8 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 ma.ke 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 Ezhibit A, which is atta.ched 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 Ezhibit A, sha11 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 interpreta.tion, 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. T'he effective date of this ordinance and agreement sha11 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 unconstiturionality 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 azea. 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, regazdless 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 E~ibit 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, ar 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 azea 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. PROVED by the C' Council of The City of Colleyville, Texas, at its meeting held on the ,~ day of ~ 2012. CITY OF COLLEYVILLE, TEXAS By: ~ ~ ~ David Kelly, Mayor ATTES~: _ , , D By: Si~gieton, City Secretary APPROVED AS TO FORM AND LEGALITY: ~11~1~ "J' ~ 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 regulaz meeting of the Euless City Council on the 28 day of February 2012, by a vote of 5 ayes, o nays and 0 abstentions. CITY OF EULESS By: Mary Lib S e, Mayor ATTEST: By ' 5utter, TRMC, City Secretary APPROVED TO FORM AND LEGALITY: W ne . Olson, City Attorney Ordinance No. 1945 Boundary Agreement with the City of Colleyville Page 4 EXHIBIT A "TRACT A" ~ ~ ~ EXHIBIT "A" I f~TE~ ~ I ~ ~ L BeurYgs are basetl on Infornatbn fron ca~pNed surveys prepored by Grnnt EripYUerbp, I~c on 1-23-2008. ( I ~~ 41 ~O M ~ qv ~ ~ '~ ` yy Vd ~ I snv~a r~wcr uiaieo owenamw W.Y1E WR. Fllfi }f0. LRT.[.t. ~ ~~x6 W ~ Y7 S J yyy ~~ uf I A ~ 3T~2'OS' 1~ <- ~ I R . 843.37' 1~12B1.7J' LC • !N2'29'27R ~ 1I62.08' ~ J~ 'I ~~ \ m /~~ ~ ~w ' - vr u~ ~- ~y~p~. SPN2GER ROA~ 4F~ \ ~i%~~~ II ~ i ~ ~ V0.tK 1~7,~t110[ SN, I ~ ( 1RTGT. i <~ i ~ ~ ~~ F ~Q. {/Y -6 W 1/2' 06 ~ ~ S '~ ~'.~ '_^.. ~ L / /~~ ~~ r / '~~ OMlaa w ~m, ,~1, VLLUE 33lE. PKE 7W. OILTtT. ~ ANIEXATIWI TO TIE ~ CITY ~ LpLLEyv1LLE ~.438 ACRES or I93,301 s4ft. 589'S7'304 38L0' SOS'10's2'E ~~----- ~ ~ LLiti. %7'lt'09'E ~.39' ~.-~' ~o P.O.H. ~ ""° ~ ~~ s.e.e.~srnsce' xo ' aa9 i~''E'r o- ~~ R ~ CITY LIMIT ~INE ADJUSTMENT ~ ~< < DESCRIPTION ~~ 70 THE GITY OP [OLLEYVIii Bein` tM tertain tnct of bnd situated in the l. DOSS SURVEY. Abstncc No. C41 and being a ponion dthe Ordinanoe No.19i w Crty of Euleu and a portion of the tract descAbed in the d[M to Spiryer Famity Limked Vartnership as recwded in Vdume 16Q2, Page 390 M Deed RecoMs, Tamrrt tauitty, 7ens aM beiry morc partlwl~rly dpcripeA u fdbws: BEGINNING at a polnt at the iMerxttion of the Colkyvilk CHy limit and the Bedford [ity Umh boundarles from wfich a 5Jg • iro~ rod founE for the sou[hwest mmer o15aW Sp~ryer trM besrs North 69'll']T West a[ 707.66 feeC TMENCE North 00'07'13' West, 25.16 feet to the be`inNrig of a arw W Me Ielt; THENCE nor[heastMy wIM saia curve W the kR, lyvi~g a radius of 843.63 ket, s centnl sr~le of 3T47'OS", an arc I~th of 25016 teet to the apparem hrcersectbn of Me north ri`htof-way of said Geek Sparger Road and ehe eau rlghto4way li~e o/ INrihee Avenue, coMinuky with said east ri`htof-r~y line a tobl ar[ kns[h o/1281.93 feet aM a Iw~ chord of tbrth 12'29'2T Ea# rt 116i.08 feet W a S/S inch iron rodlouM (w the erW of safd curve, same beinp tM merging of the east rightct-way Iine ot Wppdpark Une; 7HENCE South 01'02'19' Eart witA said east riehaof-way line of Woodpark Une, 75p.9p (ee~ oo the youtM~st wme~ M y~e ~ract tlescriEed to Charles 0. Hoel, lr. and wlk. Mary Lea NoN as recwded in Voiume 3522. Vage Sa0 of saW pecp RacoNS; THENCE South 89'S7'S0' East vnth tAe south lin~ o( said XoN tnct, approximateH ~~~ ~~~ ~Mhwat comar of th¢ tnct described to Cheek-Spar`er Vropertks, ILP. as reterded in Do[ument No. 02060130H9 d vid Deed Records; T/fENCE South OS'10't1' East, 58.85 feet to tM beginnmg ot a arve ro the right; TMENCE southeasterly with saiA turve m the neM, havi~g a radius M 1058.63 feet, a central a~le of 12'33'23', an arc kn[h of 23i.00 feet and a lons choN d South 71'31'S4' East at 23154 feet ; THENCE South 65'18'09' Easi, 4.39 het to said north City Umit line af the City ot &dfoM and south Gty limk line d[he qry o/ Euiess; THEN~ North 89'S2'4T WlSt with said wmmo~ Ciry limh Iine, 3065.70/eet to the plaa of bepmin` aM corMaining 4.438 acres o( land, mare or less. lli Aoarnwt ~w M~b inOr II TAC lOJ.21. daM MOf OF wllst iM r~rN~ ef m m IM V~M w~wl, ak Y net b M uMd b aarwr a~Malih hNrl N~MI V~Y ~W IMn Mne~w+~ awa :b..M. ~a.~~vdm u.'~emwro~' m. ~/~~~~~~ ~ ~ ~ "~~ '~P:'O~ R D ~~ J L~o e u n ~ c v iY~'•• ~ y * A nnuury 23. 2012 RICKYL:~~i,EN,T,RV LEGEND SCAIE~ ~• ~ Zpp• aurrwoin~rs~x+oia~meM+w.rm~er~cu. ~ ~.• 55~9 - 4' ' a`~am+~ wc 10b DENTON DRIVE O ' •.'o. ~'0.,~••~'E'y S~RV u[ . uTRir~ GSUEMr yE • pp~qw~ c~T P1rt - P1~u ~~*'~ DRA4N BY~ R.L.G. ROANOF(E. TFXA$ 78282 PFI MO"~ ONE (817) 961-0082 ~ . ~ ~p a~s • u~a am scr BLS J~H N FAX(817)981-0088 -x- • rocc SHEET 1 OF 1 Exhibit "A", Page 1