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HomeMy Public PortalAboutOrdinance No. 1058-06 06-27-2006 CITY OF RICHLAND HILLS ORDINANCE NO. 1058-06 HALTOM CITY ORDINANCE NO. JOINT ORDINANCE AND BOUNDARY AGREEMENT WHEREAS, both the City of Richland Hills and Haltom City are home rule cities located in Tarrant County, Texas; and WHEREAS, Richland Hills and Haltom City 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, Richland Hills and Haltom City now desire to enter into an agreement to adjust their corporate boundary lines, whereby Haltom City will release from its corporate limits certain land described herein, and Richland Hills will incorporate said land as part of the corporate limits of City of Richland Hills; and WHEREAS, the areas subject to the boundary adjustment is less than 1,000 feet in width. NOW, THEREFORE, BE IT ORDAINED AND MUTUALLY AGREED BY THE • CITY COUNCILS OF HALTOM CITY AND THE CITY OF RICHLAND HILLS: SECTION 1. AGREEMENT TO ADJUST COMMON BOUNDARY Pursuant to Section 43.031 of the Texas Local Government Code, the Town of Haltom City and the City of Richland Hills 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 HALTOM CITY AND ACCEPTANCE AND INCORPORATION OF LAND BY RICHLAND HILLS In accordance with the terms of this Joint Ordinance and Boundary Agreement, Haltom City hereby relinquishes approximately 12.4 acres described "Exhibit A" attached hereto and depicted on "Exhibit B" attached hereto, to the City of Richland Hills and disannexes and discontinues such property as a part of Haltom City, and the City of Richland Hills accepts and annexes said Tract into its corporate limits. • • SECTION 3. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances of Haltom City and the City of Richland Hills, 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with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed.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 4. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Councils of Haltom City and Richland Hills 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. SECTION 5. AGREEMENT TO PROTECT • Haltom City and the City of Richland Hills do hereby covenant and agree to protect, preserve and defend the herein described boundary adjustment. SECTION 6. NO DIMINISHMENT OF RIGHTS TO CHALLENGE The City of Richland Hills and Haltom City 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 7. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code 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 8. EFFECTIVE DATE This Joint Ordinance and Boundary Agreement shall become effective and shall become a binding agreement upon Haltom City and the City of Richland Hills by the adoption of same in regular open city council meetings of the Haltom City and the City of Richland Hills. SECTION 9. 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS ON THIS 27`h DAY OF JUNE 2006. ~ . _ GE' T ONORABLE AVID L. GAN, MAYOR ATTEST: • \,Illluullu/~~ ,,,.\\c~~~~ND y'''%,,, F . ~ I SUTTER CITY SECRETARY ' ~ =v ~ ~ c.~= EFFECTIVE DATE: /''~~~~11111111111\\\\\\ APPROVED S TO M D EGALITY: TIM G. SRALLA, CITY ATTORN Y • • PASSED AND APPROVED BY THE CITY COUNCIL OF HALTOM CITY ON THIS DAY OF , 2006. THE HONORABLE BILL LANDFORD, MAYOR ATTEST: BRENDA STAAB, CITY SECRETARY EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: • WAYNE K. OLSON, CITY ATTORNEY • JOINT BOUNDARY ADJUSTMENT AGREEMENT AND ORDINANCE BETWEEN RICHLAND HILLS AND HALTOM CITY H:\ORDINANC\Boundary Adjustment Agreeemnt 6-27-06.doc Page 4 The Land hereby annexed is situated in and being a part of the • M. Lynch Survey, Abstract No. 953 and the George Akers Survey, Abstract No. 30 Tarrant County, Texas and being more fully described as follows: 12.4 ± ACRES Beginning at the intersection of the centerline of an unnamed creek (approximately 2340 feet east 6 of the centerline of Big Fossil Creek) with the south line of the M. Lynch Survey and the north line of the G. Akers Survey, Abstract No. 30, Tarrant County, Texas; said intersection point being in ' State Highway No, 183; said intersection point also being in the westerly line of the present City Limits line of Richland Hills established by the original Incorporation of Richland Hills August 30, 1950; said point also being approximately 1430 feet west of the southeast comer of the Lynch Survey; THENCE in a southerly direction along the present westerly City Limit line of Richland Hills to the south ROW line of State Highway No. 183 and the north line of Richland Hills South, an addition to said city; THENCE in a westerly direction along said south ROW line of State Highway No. 183 and along said north line of said addition to the northwest corner of Lot 6, Block 4 of said addition; said northwest lot corner also being in the present easterly City Limit Line of Haltom City established by Haltom City Ordinance No. 243 dated May 28, 1959; • T HENCE in a northerly direction along the easterly City Linut Line of Haltom City to its intersection with the centerline of State Highway No. 26 (formerly State Highway No, 121); THENCE northeasterly along the centerline of State Highway No. 26 to the most westerly northwest corner of present and original City Limit Line of Richland Hills dated August 30, 1950; THENCE in a southeasterly direction along said City Limits Line and along the unnamed creek as ~ located in 1950 to the POINT OF BEGIlVNING and containing approximately 12.4 acres of land more or less. This description has been prepared under Rule 663.21, Description for Political Subdivision, Texas Board of Professional Land Surveying. . 4~ EXHIBIT -T «ri uliN~uEO CpEf?c`y ~i t~y 5 r ~ 1 lyl ~ ~ ~ ~ ~ o 'Il.~~t' -v3-1 - r' f r~~/' ~~©R.;~ .5~~ t y~ ~a~ i ~ y~ ~y s 1~ ~ ~ 3A - ~ 4 ~ / l s'~{ 6 ! u~ ~ ~ 1~ r- 111--~~~ sstcr a .a a ~;~~4,;1" t 4 o t'^--..~- ~-:'t-=~__ i f a* J .L~-~-_ ~t?~ 4'~ 1 ~ . P ~ -C O _ i- ~ ~ 1I ` I ~ ~ S •~r _ _ -.i_ rl 1 ' ° f! 7, ~ F-`~. I ~ ' ) I ~ i _ 1 i 1 ' ~ Ta } ~L~1 'O \ 1 t z ~ ~ ~t~r,~1-~.~1 ; !1 I s ~ ~ 1. 111 ~ r Iz r ~ / t~ . _ z G~ : 1 'gin 1.~+ ~ sfr - ~ ` ~ ~ ~ _L.1___s..~__ - I -...Ni't~ t' ~t'ya•' x < ~''t ~ i ~ ]zp ~r.ST1 "--:._v_..~ uE ~ ; 1 ~ ,~tl!Z' 3- ~ 3l-- N~~4 ~ %~A7`~V i ~ la ~ i J ~ T`a~~ I F+ t ~ VURTH • SuR'Y~ x uNE ~ f ~ k~ C ~ .T«\~'•- ~ - - - • i FA. LR.~:k SUR. ``LR'v'Er LIyE ~~`s~ - - - - - - -T- - - L'Ei1Rr,'E 4KERS SUR. r - - - - - - - - - 1~. % ~~1°' ti,~. - ' TARRAN'ti' 1 -R,C.N' I trE c.H- 183 f_ E_tIC j ` C . COt1NTY EiAKEF.' 1 f / ,'t~ RICHLANA J 7 s i I , I F ~~at na,'s~}f CE`1sERUNc ^i' t~l _~-''"t N11.1.8 60L1T}t' ~ I tR za ~ „~li'S .a p N ty (NnW H. N0 26j k 517:1'it '`-R.i).Nw LIkE ~ 1,1 e O ` may` ~«t. E'E'C UNE r?r IA. LYNCH SURVEY ~ ~ ~ V-~~ I p .~.*..Y.,~.. 4a '7/ if ~ \t I.pa:O O C: r :u%3b +A aF SIi, 9b n ~r~R i'a7` 99119 K ; ~ C I ~ tR 2C ~ A\ ~`.d b~•, F`7E r`4A,~/-~L.+~ la ' ~=_T~ ~ A ~ aur.A ANN GT =~sa u ` i ' iz z at t ~ ~ ~ 3A uF1R ~ ~,.....ta ss 4 t 91a ac t--h}- i F ( fE = a7r IIB 1~ 1} lwfr ~1 t5~ 8B 5£E hROF'ER?Y DESr~RIi'f'ON 8Y r_pY b- L.ANG`E5, ~ 7E 11 R P L.S YO tA86. P{iEG •~G 3(;, .Otis t-'----- ; ~ ~ tr7~~y ~ 3 ~ 26 / li f ` gA tR lA e ~ 2R ~ 2J t ~ 2 j•[ l~rf .93 AL lp • 1 W S ~ _ P7 lbt 9th. - - ~ CsY 6. I.AN;I£S, R.P.LS. MA, tBBo ~~~,+""~rft < ~~Q• Pa ANNcXA710M EIAP r ~ J ~ ~ t :o~ o...~s z ~ ~ R E , a3 ` _AI.1C) ~ di a lAkpES k A4'e4~1T[5. Mf,. ~yM1, ~[f1~,ifjQ ' f~,~_1 SIiUAT[E1 IN THE M. L'rfd_.H :URV'cY. RH5T. N9. f9^3 ANG THE a ~ k/Gli1(k(p YbOM(SS1:1R4L lake: SLll4(1~^al!5_ S~~RV ~t~ ~ ~ GECIRGE AKEF25 SURVEY, ASST. N0. JL1- t;' it Ei OF H.+L10M CI?'~ I ! r ~.,~J)+ tARNANT CGUNT'r, TflYA~ ~ ..,_~nt M!f!V~..`~..~Nrt !!W ~W....+MM N,n w.wr w?„w~ a ,~~.~.1 a r-.__.-.-__.l ~ 514 Z -ANNE h - _ , • CITY OF RICHLAND HILLS ORDINANCE NO. 1058-06 HALTOM CITY ORDINANCE NO. JOINT ORDINANCE AND BOUNDARY AGREEMENT WHEREAS, both the City of Richland Hills and Haltom City are home rule cities located in Tarrant County, Texas; and WHEREAS, Richland Hills and Haltom City 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, Richland Hills and Haltom City now desire to enter into an agreement to adjust their corporate boundary lines, whereby Haltom City will release from its corporate limits certain land described herein, and Richland Hills will incorporate said land as part of the corporate limits of City of Richland Hills; and WHEREAS, the areas subject to the boundary adjustment is less than 1,000 feet in width. NOW, THEREFORE, BE IT ORDAINED AND MUTUALLY AGREED BY THE • CITY COUNCILS OF HALTOM CITY AND THE CITY OF RICHLAND HILLS: SECTION 1. AGREEMENT TO ADJUST COMMON BOUNDARY Pursuant to Section 43.031 of the Texas Local Government Code, the Town of Haltom City and the City of Richland Hills 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 HALTOM CITY AND ACCEPTANCE AND INCORPORATION OF LAND BY RICHLAND HILLS In accordance with the terms of this Joint Ordinance and Boundary Agreement, Haltom City hereby relinquishes approximately 12.4 acres described "Exhibit A" attached hereto and depicted on "Exhibit B" attached hereto, to the City of Richland Hills and disannexes and discontinues such property as a part of Haltom City, and the City of Richland Hills accepts and annexes said Tract into its corporate limits. • • SECTION 3. PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances of Haltom City and the City of Richland Hills, 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 4. PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Councils of Haltom City and Richland Hills 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. SECTION 5. AGREEMENT TO PROTECT • Haltom City and the City of Richland Hills do hereby covenant and agree to protect, preserve and defend the herein described boundary adjustment. SECTION 6. NO DIMINISHMENT OF RIGHTS TO CHALLENGE The City of Richland Hills and Haltom City 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 7. RIGHTS AND REMEDIES SAVED All rights and remedies of the City are expressly saved as to any and all violations of the provisions of the City Code 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 8. EFFECTIVE DATE This Joint Ordinance and Boundary Agreement shall become effective and shall become a binding agreement upon Haltom City and the City of Richland Hills by the adoption of same in regular open city council meetings of the Haltom City and the City of Richland Hills. SECTION 9. 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS ON THIS 27th DAY OF JUNE 2006. ONORABLE DAVID GAN, MAYOR ATTEST: 'o~c~ ~ y~l~'--, ~ M UTTER, CITY SECRETARY _ ~ _c~ ~ EFFECTIVE DATE: y' ~i~~nnnii~~~~ APPROVE AS O FORM AND LEGALITY: TIM G. SRALLA, CITY ATTORNEY • • PASSED AND APPROVED BY THE CITY COUNCIL OF HALTOM CITY ON THIS DAY OF , 2006. THE HONORABLE BILL LANDFORD, MAYOR ATTEST: BRENDA STAAB, CITY SECRETARY EFFECTIVE DATE: APPROVED AS TO FORM AND LEGALITY: • WAYNE K. OLSON, CITY ATTORNEY • JOINT BOUNDARY ADJUSTMENT AGREEMENT AND ORDINANCE BETWEEN RICHLAND HILLS AND HALTOM CITY H:\ORDINANC\Boundary Adjustment Agreeemnt 6-27-06.doc Page 4 The Land hereby annexed is situated in and being a part of the • M. Lynch Survey, Abstract No. 953 and the George Akers Survey, Abstract No. 30 Tarrant County, Texas and being more fully described as follows: 12.4 ± ACRES Beginning at the intersection of the centerline of an unnamed creek (approximately 2340 feet east ,N of the centerline of Big Fossil Creek) with the south line of the M. Lynch Survey and the north line s of the G. Akers Survey, Abstract No. 30, Tarrant County, Texas; said intersection point being in State Highway No, 183; said intersection point also being in the westerly line of the present City Limits line of Richland Hills established by the original Incorporation of Richland Hills August 30, 1950; said point also being approximately 1430 feet west of the southeast comer of the Lynch Survey; THENCE in a southerly direction along the present westerly City Limit line of Richland Hills to the south ROW line of State Highway No. 183 and the north line of Richland Hills South, an addition to said city; THENCE in a westerly direction along said south ROW line of State Highway No. 183 and along said north line of said addition to the northwest comer of Lot 6, Block 4 of said addition; said northwest lot corner also being in the present easterly City Limit Line of Haltom City established by • Haltom City Ordinance No. 243 dated May 28, 1959; THENCE in a northerly direction along the easterly City Limit Line of Haltom City to its intersection with the centerline of State Highway No. 26 (formerly State Highway No, 121); THENCE northeasterly along the centerline of State Highway No. 26 to the most westerly northwest corner of present and original City Limit Line of Richland Hills dated August 30, 1950; THENCE in a southeasterly direction along said City Limits Line and along the unnamed creek as located in 1950 to the POINT OF BEGIlVNING and containing approximately 12.4 acres of land more or less. F This description has been prepared under Rule 663.21, Description for Political Subdivision, ~ j~ Texas Board of Professional Land Surveying. EXHIBIT ~ t j I:EN?EF,UNi nt a ! {'~r \ I a w ~ ~ r uriwauED CREEK ~ ! > I T f c I 7" i ~ I ' _ l q •I(. r7v;j 3r' ~ , ~©~i'`,` u~~~ a r~~b4 ~ ~-t~. Ry t ? ~ ~ 44 f ~ ~ w I 1 I( f ~ I a i 71 i ' ~t < • ~ 1 - ~ r / a . ~-~...~._~l~7ye t' fit. s. _ ~ , -L • ~ ~ ~ ~ IA 1 L i 1.71 , ~G ` 6 ! I i 3 T~~ 4 ~ l0 I 1 1 le ~ S ' ~~•~r 7~ 7a ~ \ ! ' ~ 1. 3 P j "`Tt'S~~~ .4 t~ 8 + It I It s~ r2 , 77j y 1 ~ . 4 A ~ F ~,s 5\ l'`~ 1~ i r j 1 ~ t-~--__~-~'1 ~ ~ ~f I _L.,I f~~+ El~ a.*Kr E..~ 1. `r Ia °yt~ 13a ~ , ~'~.1.1 li ! ` ' `r ..N ht, M ~K y4. _ ~ ~ ~ ! 14 9 s:;la ! r r P.~ L1 -r. It;! ,1 ~ ' F. V ,~`L!~ ~ ` • ice- ~ ~lw-- y-It~•`" 7 f ;~a7`j~ ~ I ,a yrt i + J ` T`a~l ' 1 ~ = i I ~I C - ~ URTH' • _URSrix UN~ ~ rSU~F'v'Er LI'1E y ~ - - - • r _M. Lrh~_H 5UR. - - - i ,f a~• - - -T- - - CEiIRr,'E AKEPS STIR. r' - - - - - - ~-i M ~ C ~ TARRA1~i'i 1 -R.,'~,.N' I tf `.H. 983 (EiAh:EF. @:vCli r r ~ ~t ~ I ~ LJ . • COUNTY _ ' hae~ y~~ ~ErITEKLUI_ ~F ~h+ t~ 11.1.6 60UT 7 s I 2 Y(~',j e 1 1 N ~ i 1 1 1; T# 2b ~.y ELI tF . Ay:t ~(1• ?y}i (NOW S.il. N0. .6) k $l'l'J'1( ~`-{j.O. N' Lq:E ` L _ p .~}y'V .F7'F ~ ` ~a~~ mkt, a1~ LINE 9T M. LYfii~H S:JR~EY ~ ~ a t~l _ T4 r.AS r.oa:o • ~ ~ .<Aj 3? .A a>r J.~ v~ `~~;~ZY~ A : _ ~ I ti ~R z"~~ a.aa9 K ~ ~ ~ ~ sa 2c r pi cef ~,•'~T<: ~ `I',o`•' s"++ 1 r A AUFA A.NN 4i, 6A IA t 733 Af 1 1 ~ lA 7R - ra YS 191a AC ~ ,1 . ~ SEE i'ROF`ER?Y' PES~rRIPI'IJN 8Y CUY 0, 'wAS:UE5. S ~O ~ sA IaB 13 l~ t? tt ~ 25} 88 Y1- L' l8 A 1 t/ t I a F L.S ul) sA86. OATfG Alit 3p, 2p~J5 7..-•----~ ~6 AA y rR tA_. t 3 ~ ,ate fll S 4A ~ ~ .e6 Ai: _ ~ ,~A • C ~ 27 ' , ~o~ yr, ~ or oc R TI:IAr a ~ CGV U. 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