Loading...
Item 6BCity of Southlake, Texas M E M O R A N D U M December 2, 2008 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Ordinance No. 950, 2nd Reading, Adjust Southlake’s northeast city boundary adjacent to the City of Grapevine in the area of the westbound SH 114 frontage road and Park Boulevard Action Requested: Ordinance No. 950, 2nd Reading, Adjust Southlake’s northeast city boundary adjacent to the City of Grapevine in the area of the westbound SH 114 frontage road and Park Boulevard. Background Information: City Staff has been in discussions with the Grapevine City Staff for the past few months regarding adjustments to our common boundary in the vicinity of NW Highway, Park Blvd. and SH 114. The goal of this adjustment is to clean up an erratic boundary line, thereby eliminating potential confusion of emergency responders to the respective city’s limits.The agreement to adjust the boundary is comprised of a number of elements. The elements include: Sewer Agreement for Simmons Addition (99 years) • Adjust boundary to eliminate out parcels • Interlocal agreement for construction of Kimball per • Southlake MTP (GV cost = $2,000,000) Grapevine to purchase Southlake water line (reduced for age) • Agree to future Nolen Drive connection • The agreement adjusts the boundary along SH 114 in the vicinity of Northwest Highway. Approximately 6.87 acres of private property, including the 3 lot Grapevine Plaza Addition, and approximately 11.35 acres of TxDOT right-of-way will fall within the city limits of Grapevine with this adjustment. Interlocal agreements for provision of sewer service to Simmons Service area as well as the construction of Kimball Road are presented under separate agenda items. This boundary adjustment will provide Southlake with a cost avoidance of $1,185,000 (in 2007 dollars) as a result of not having to construct sanitary sewer improvements to serve the Grapevine Plaza Addition and the Simmons Service Area. st City Council approved Ordinance 950 on 1 reading on November 18, 2008. The Ordinance was also approved by the Grapevine City Council on November 18, 2008. Financial Considerations: As a result of the proposed boundary adjustment, property and sales tax revenues will be reduced in the amount $56,769 annually. Balancing the anticipated reduction in revenue against the capital and annual maintenance cost ($1.2 - 1.4 million) of the required improvements to serve the aforementioned areas, the payback period is 39 years (assuming 5% interest with a term of 20 years) Citizen Input/ Board Review: None Legal Review: The City Attorney’s office has reviewed the proposed ordinance. Alternatives: The City Council may approve or deny this ordinance. Supporting Documents: Ordinance 950, Boundary adjustment with Grapevine Staff Recommendation: Approve Ordinance No. 950, 2nd Reading, Adjust Southlake’s northeast city boundary adjacent to the City of Grapevine in the area of the westbound SH 114 frontage road and Park Boulevard. Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer CITY OF SOUTHLAKE ORDINANCE NO. 950 GRAPEVINE ORDINANCE NO._____________ 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: Page 1 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. Page 2 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. 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 Page 3 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 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. Page 4 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE ON THIS _______ DAY OF _______________, 2008. ________________________________________________ THE HONORABLE ANDY WAMBSGANSS, MAYOR ATTEST: __________________________________________ LORI PAYNE, CITY SECRETARY EFFECTIVE DATE: ________________________ APPROVED AS TO FORM AND LEGALITY: __________________________________________ TIM G. SRALLA, CITY ATTORNEY Page 5 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE ON THIS _______ DAY OF _______________, 2008. __________________________________________ THE HONORABLE WILLIAM D. TATE, MAYOR ATTEST: __________________________________________ LINDA HUFF, CITY SECRETARY EFFECTIVE DATE: ________________________ APPROVED AS TO FORM AND LEGALITY: __________________________________________ JOHN F. BOYLE, JR., CITY ATTORNEY Page 6 Exhibit A Southlake - Grapevine Boundary Adjustment 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 st approved on the 21 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 st disannexed by the City of Southlake by Ordinance No. 168 approved on the 21 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; Exhibit A THENCE northerly across the west bound frontage road, along the common north-south city limit line between the City of Southlake and the City of Grapevine, and being the 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