HomeMy WebLinkAboutORD 2008-061 /*Eago By
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CITY OF SOUTHLAKE ORDINANCE NO. 950
GRAPEVINE ORDINANCE NO. 2008-61
JOINT ORDINANCE AND BOUNDARY AGREEMENT
WHEREAS, both the City of Southlake and the City of Grapevine are home rule
cities located in Tarrant County, Texas; and
WHEREAS, Southlake and the City of Grapevine share a common boundary;
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, an area of property north of Highway 114 which contains the
Grapevine Plaza shopping center currently is located in the City of Southlake, but is
isolated from the rest of the City by Highway 114; and
WHEREAS, the geographic isolation of that tract from the rest of the City of
Southlake makes it more difficult and expensive for the City of Southlake to provide
municipal services to that area; and
WHEREAS, the current city limits of the respective cities bisect a building,
resulting in confusion and create the possibility of delay in the providing of emergency
services; and
WHEREAS, the City of Southlake and the City of Grapevine now desire to enter
into an agreement to adjust their corporate boundary lines, whereby the City of Southlake
will release from its corporate limits that certain area described herein, and the City of
Grapevine will incorporate said land as part of its corporate limits; and
WHEREAS, the area subject to this boundary adjustment is less than 1,000 feet
in width; and
NOW, THEREFORE, BE IT ORDAINED AND MUTUALLY AGREED BY
THE CITY COUNCILS OF THE CITY OF GRAPEVINE AND THE CITY OF
SOUTHLAKE:
SECTION 1.
AGREEMENT TO ADJUST COMMON BOUNDARY
Pursuant to Section 43.031 of the Texas Local Government Code, the City of
Grapevine and the City of Southlake hereby agree that the boundary between the cities
will be adjusted as described herein, and depicted on Exhibit "A", which is attached
hereto and incorporated herein for all purposes.
SECTION 2.
RELINQUISHMENT OF TRACT OF LAND BY SOUTHLAKE
AND ACCEPTANCE AND INCORPORATION OF LAND BY GRAPEVINE
In accordance with the terms of this Joint Ordinance and Boundary Agreement,
the City of Southlake hereby relinquishes approximately 18.22 acres described on
"Exhibit A" attached hereto and depicted on "Exhibit B" attached hereto, to the City of
Grapevine and discontinues such property as a part of the City of Southlake corporate
limits, and the City of Grapevine accepts said Tract into its corporate limits.
SECTION 3. ADDITIONAL PROVISIONS
In addition to the terms and provisions set forth above, the City of Southlake and City of
Grapevine agree as follows:
1. Grapevine agrees to purchase the remaining value of the 8-inch water line extending
eastward from a point located at the west right-of-way line of Austin Oaks Boulevard
located in the Austin Oaks Addition, Grapevine, Texas, an approximate distance of 2,500
L.F. to provide service to the Grapevine Plaza addition. The equity value remaining in
the aforementioned lines shall be $28,575.00 as agreed upon by the two cities.
2. Furthermore, it is understood that Grapevine will assume the full cost of connecting the
lines described in paragraph 1 to its water system and will assume full ownership and
maintenance of these lines for the benefit of its citizens.
3. Grapevine and Southlake will share the cost (50% - 50%) of installing an 8-inch gate
valve located at approximately the west right-of way line of Austin Oaks Boulevard to
provide each city with emergency access to the other city's water supply should it
become necessary under existing protocols.
4. The City of Southlake and City of Grapevine hereby agree to execute an Interlocal
Agreement under a separate document for the construction of Kimball Road between
Shady Lane and Dove Road.
5. Grapevine agrees to the connection between the two separate (closely aligned but not
abutting) roadways known in both cities as Nolen Drive at no cost to the City of
Grapevine. Grapevine will attempt to acquire the necessary right-of-way for this
connection within its City Limits at no cost. However, any costs that may be incurred for
this acquisition shall be reimbursed by Southlake to Grapevine; provided that Southlake
shall have the right to approve the purchase price prior to acquisition of the right-of-way.
ORD. NO. 2008-61 2
6. The City of Southlake and City of Grapevine hereby agree to execute an Interlocal
Agreement under a separate document for the City of Grapevine providing sanitary sewer
service for the Simmons Service area in the City of Southlake.
7. Grapevine agrees to reimburse Southlake for all property (and sales) taxes for Southlake
properties, which have been misappropriated to the City of Grapevine since January 1,
1998. This amount shall be agreed upon by the respective cities' financial officers. The
location of the city limit boundary is determined by the attached map, Exhibit B. In
addition, a text description is attached as Exhibit A to this document. For clarification
purposes, the westbound SH 114 frontage roads shall lie within the city limit boundaries
of Grapevine upon execution of this document.
8. The provisions of paragraphs 1 through 7 of this Section 3 create binding obligations,
however, Grapevine and Southlake hereby agree that the performance of such obligations
is not a condition precedent to the boundary adjustment provided for in Sections 1 and 2
of this Joint Ordinance and Boundary Agreement and that such performance does not
affect the validity or enforceability of the boundary adjustment.
9. When either party is required to make a payment under the provisions of this Section 3,
that party shall make the payments from current revenues available to such party.
SECTION 4.
PROVISIONS CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances of the City of
Grapevine and the City of Southlake, 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 5.
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Councils of the City of
Grapevine and the City of Southlake 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 without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or section.
ORD. NO. 2008-61 3
SECTION 6.
AGREEMENT TO PROTECT
The City of Grapevine and the City of Southlake do hereby covenant and agree to
protect, preserve and defend the herein described boundary adjustment.
SECTION 7.
NO DIMINISHMENT OF RIGHTS TO CHALLENGE
The City of Southlake and the City of Grapevine agree and ordain that the
adoption by both cities of this Joint Ordinance and Boundary Agreement, 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 8.
RIGHTS AND REMEDIES SAVED
All rights and remedies of the City of Southlake and the City of Grapevine are
expressly saved as to any and all violations of the provisions of the cities' ordinances and
codes amended or revised herein, or any other ordinances affecting the matters regulated
herein which have accrued at the time of the effective date of this ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
SECTION 9.
EFFECTIVE DATE
This Joint Ordinance and Boundary Agreement shall become effective and shall
become a binding agreement upon the City of Grapevine and the City of Southlake by the
adoption of same in regular open city council meetings of the City of Grapevine and the
City of Southlake.
SECTION 10.
DUPLICATE ORIGINALS
This Joint Ordinance and Boundary Agreement, upon adoption by both cities,
shall be executed in duplicate originals by the Mayor of each city.
ORD. NO. 2008-61 4
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE ON THIS 7 DAY OF iberz. , 2008.
THE ONORAB ANDY WAMBSGANSS, MAYOR
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ATTEST: ♦♦.°� ,.: _ ' f
LORI PAYNE, CI 1/ SECRETARY `: �••..
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EFFECTIVE DA : 12- •0;
AP'ROVE AS TO ORM AND LEGALITY:
TIM G. SRALLA, CI ATTORNEY
State of Texas
County of Tarrant
Before me, Tara A. Brooks, Notary Public on this day personally appeared Andy
Wambsganss, Lori Payne and Tim G. Sralla known to me to be the persons whose
names are subscribed to the foregoing instrument and acknowledged to me that
they executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this 2nd day of December, 2008.
11.4 01 A
Notary Public
My Commission expires: 10/08/2010 p► : BRp
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ORD. NO. 2008-61 5
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE ON THIS 18th DAY OF November , 2008.
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THE HONORABLE WILLIAM D. TATE, MAYOR
ATTEST:
LI4„....,..,
UFF, CITY: :CRETARY
EFFECTIVE DATE: November 18, 2008
APPROVED AS TO FORM AND LEGALITY:
-e-.:7- 0-71-11, -
JOHN F. BOYLE, JR., QITY ATTORNEY
State of Texas
County of Tarrant
Before me, Anne Baker, Notary Public on this day personally appeared William D.
Tate, Linda Huff and John F. Boyle, Jr. known to me to be the persons whose
names are subscribed to the foregoing instrument and acknowledged to me that
they executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this 18th day of November, 2008.
of y Public
My Commission Expires: 01 /14/2012 _
ANNE BAKER
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Notary Public
♦r,- State of Texee
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ORD. NO. 2008-61 6
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EXHIBIT, TO
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Southlake - Grapevine Bel:10arY AcijusLnie"?T
Southlake Disannexation Tract
Situated in the County of Tarrant, State of Texas, being a tract of land out of the Thomas
Easter Survey, Abstract No. 458, the Thomas Easter Survey, Abstract No. 474 and the
Ambroser Foster Survey, Abstract No. 518, graphically represented by Exhibit `A' herein
and being more particularly described as follows:
BEGINNING at a point being the most easterly northeast corner of that certain tract of
land establishing the initial incorporation of the Town of Southlake on September 25,
1956 (hereinafter the "Incorporation Tract"), said point being in the east line of the T.
Easter Survey, Abstract No. 458, and currently within the ROW of Park Blvd
approximately 500 feet north of Northwest Highway;
THENCE south along the east line of said T. Easter Survey, continuing to a point being
the northeast corner of a tract disannexed by the City of Southlake by Ordinance No. 168
approved on the 21st day of October, 1969 and recorded in V. 4815, P. 837, DRTCT and
being in the south ROW of Northwest Highway;
THENCE continuing along the north and westerly boundaries of said tract, also being the
south ROW line of Northwest Highway and the north ROW line of S.H. 114;
THENCE continuing in a southeasterly direction along the north ROW of S.H. 114
across the Park Boulevard/Wall Street Intersection along a 0.63 acre tract of land also
disannexed by the City of Southlake by Ordinance No. 168 approved on the 21st day of
October, 1969 and recorded in V. 4815, P. 837, DRTCT;
THENCE continuing, in a southeasterly direction along the north ROW of S.H. 114 to a
point for the most easterly southeast corner of the City Limits of Southlake, point also
being in the west line of Lot 2, Block 1, of the Baylor Medical Surgery Center Addition,
an Addition to the City of Grapevine recorded in Cabinet A, Slide 6734, PRTCT;
THENCE westerly along the common city limit line continuing across the west-bound
frontage road of S.H. 114 and across the west-bound off-ramp to a point being a
perpendicular distance of 1.0 feet from the most westerly back of curb of said off-ramp;
THENCE continuing in a northwesterly direction along and a perpendicular distance of
1.0 feet from the back of the southerly curb of said off-ramp to a point a perpendicular
distance of 1.0 feet from the back of curb of the west-bound frontage road of S.H. 114;
THENCE continuing in a northwesterly direction along and a perpendicular distance of
1.0 feet from the back of the most southerly curb of said west-bound frontage road of
S.H. 114, crossing Wall Street, crossing Northwest Highway, crossing the Kimball Road
off-ramp, and continuing to a point in the west line of the T. Easter Survey, Abstract No.
458;
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I xhi bit 0,4D- ea-ooh-
EXHIBIT TO
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i 1- E. C E northerly- across'the west bound frontage ro ac. along the common north-south
th
city limit line between the City of Southiake and the City of Grapevine, and being t.le
west line of said T. Easter Survey to a point being the southwest corner of Lot 1, Block 2,
of the Austin Oaks Addition, an Addition to the City of Grapevine recorded in Cabinet A,
Slide 408, PRTCT;
THENCE easterly along a common east-west city limit line between the City of
Southlake and the City of Grapevine and the south line of said Austin Oaks Addition to a
point in the south line of Lot 6, Block 1, of the Austin Oaks Addition;
THENCE in a southwesterly direction along a common north-south city limit line
between the City of Southlake and the City of Grapevine to a point in the north line of the
Incorporation Tract;
THENCE in an easterly direction along the north line of the Incorporation Tract to the
POINT OF BEGINNING.
.. .
Exhibit B
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4.7,T.a ,4,.,,.CITY OF GRAPEVINE
CITY SECRETARY y "
PO BOX 95104
GRAPEVINE TX 76099
Submitter: CITY OF GRAPEVINE/PUBLIC WORKS
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Fi -• - • ation: 09/1: 2009 02:56 PM
Instrument#: D2092 :126
10 PGS $48.00
I
By: . ‘
11 11111 11 MI HU 1111 I I I I 1 11111 1111 1111 III I
D209248126
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.
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