ORDINANCE NO. An ordinance ratifying and adopting an agreement between the cities of Dallas and living

Transcription

1 ORDINANCE NO An ordinance ratifying and adopting an agreement between the cities of Dallas and living adjusting their common boundary line; releasing a certain area of land to the City of Irving; providing a savings clause; providing a severability clause; and providing an effective date. WHEREAS, it is the desire of the cities of Dallas and living to adjust their common city limit boundaries in order to establish clear demarcation lines to allow the efficient development of and delivery of city services to the citizens in the area; and WHEREAS, the cities of Dallas and living, pursuant to Section of the Texas Local Government Code, have entered into an agreement, authorized by city council Resolution No on June 17, 2015, adjusting the common boundary line ; and WHEREAS, the city council finds that it is in the public interest for the City of Dallas to make such an adjustment; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas does hereby ratify and adopt the agreement attached hereto and made a part of this ordinance as Exhibit A, which was entered into by the City of Dallas and the City of living on August 4, SECTION 2. That the City of Dallas does hereby release a certain area of land, along with all extraterritorial jurisdiction pertaining thereto, now within its city limits and described in, Attachment No. 1 to the City of living. Boundary Adjustment (cities of Dallas and Irving) Page 1

2 Page SECTION t That the affected corporate limits of the City of Dallas shall upon final passage of this ordinance be adjusted as set out in Exhibit A. SECTION 4. That the service plan attached as Attachment No. 2 is hereby approved and adopted as the service plan for the newly acquired territory described in Attachment No. 1 of this ordinance. SECTION 5. That the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph, or section. SECTION 6. That the city secretary is hereby directed publish this ordinance at least one time in the official newspaper of the City of Dallas. SECTION 7. That upon final passage and publication of this ordinance, the city secretary shall transmit a certified copy of this ordinance to the city secretary of the City of living. Boundary Adjustment (cities of Dallas and Irving) 2

3 SECTION ? That this ordinance shall take effect upon ratification and adoption of the attached agreement by the City of living or immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, whichever occurs later, and it is accordingly so ordained. APPROVED AS TO FORM: CHRISTOPER D. BOWERS, Interim City Attorney Assistant City orney Boundary Adjustment (cities of Dallas and Irving) Page 3

4 EXHIBIT A BOUNDARY ADJUSTMENT AGREEMENT THIS BOUNDARY ADJUSTMENT AGREEMENT ( AGREEMENT ) is made and entered into by and between the City of Dallas, Texas, hereinafter referred to as Dallas, and the City of Irving, Texas, hereinafter referred to as Irving, collectively referred to as Cities. WHEREAS, a portion of Dallas s boundary is contiguous with the northern boundary of Irving; and WHEREAS, this existing boundary does not presently allow the efficient development and delivery of city services to the area; and WHEREAS, the Cities desire to modify their mutual boundary so as to allow more efficient development of a proposed residential subdivision and delivery of city services to the area; and WHEREAS, representatives of Dallas and Irving have met and agreed to a mutually acceptable boundary which is in the best interest of the citizens of each city; and WHEREAS, pursuant to water and wastewater service contracts, Irving agrees to provide potable treated water and wastewater services to a portion of Dallas known as the Dallas west cell area. NOW THEREFORE, for and in consideration of the mutual covenants, conditions, and promises expressed herein, Dallas and Irving agree as follows: SECTION I. Statement of Intent It is the intent of Dallas and Irving to modify their respective boundaries in the following manner: Adjust 6.5 acres of land in the City of Dallas located south of the terminus of South Northlake Road and northwest of Valley Vista Drive and Lakebreeze Road, and more particularly described in Attachment No. 1 (the Property ), attached hereto and made a part of this AGREEMENT, into the territorial limits of Irving. SECTION II. Release of Territory Dallas agrees to release the Property described in Attachment No. 1 to Irving.

5 and SECTION III Waiver of Extraterritorial Jurisdiction Dallas does hereby waive all of its extraterritorial jurisdiction rights existing by reason of the Property in favor of Irving. It is expressly agreed and understood that this waiver shall operate only in favor of Irving, and shall not constitute a waiver of any right, including extraterritorial jurisdiction rights that Dallas may be able to assert against any other municipality. SECTION IV. Water and Wastewater Services Irving agrees that it will provide water and wastewater services to the Dallas west cell in accordance with the water and wastewater service contracts authorized by Resolution Nos. \L.j. and OCQ-, approved on Thursday, August 4, 2016, by the Irving City Council, and by Resolution Nos., approved by the Dallas City council on Wednesday, Augusta, 20 SECTION V. Service Plan Upon ratification, adoption, and approval of this AGREEMENT, Irving does hereby agree to immediately begin implementation into the affected area of the service plan attached to and made a part of this agreement as Attachment No. 2. 2

6 SECTION VI. Effective Date Dallas and Irving agree that this AGREEMENT shall take effect only upon ratification and adoption by the governing body of the City of Dallas and approval by the governing body of the City of Irving. SIGNED this theth 4frM1 dayof/ CITY OF IRVING, TEXAS CITY OF DALLAS, TEXAS A.C. GONZALEZ, City Manager eth Van Duyne, Mayor By Assistant Ci Manager APPROVED AS TO FORM: APPROVED AS TO FORM: CHRISTOPHER D. BOWERS, Interim City Attorney tthyvlm t41 - Kuruvilla Oommen, City Attorney Assistant ATTEST: ATTEST: 4 L?z2 hanae Jennings, Qit Secrefry J Rosa Rios, City Secretary zj 3

7 Attachment No. I a13x525 EXHIBIT ACRES TRACT A tract or parcel of and situated in the Carlock Survey, Abstract No. 312, in City of Dallas Block No in the City of Dallas, Dallas County, Texas, being the same as the called acre tract described in the Special Warranty Deed to Crow-Billingsley North Lake HB&T Joint Venture recorded in Volume Page 2492 in the Deed Records Dallas County, Texas (DRDCT), and being more particularly described as follows; Jacob BEGINNING at the most westerly southwest corner of the called tract described in the deed to Crow-Billingsley Belt Line, Ltd. recorded in Volume in the DRDCT, being also the northwest corner of the called acres tract described in the to CW Shoreline Land, Ltd. recorded in Instrument No in the Official Public Records, Dallas County, Texas (OPRDCT); Page deed acres THENCE North OO West feet to the south right-of-way line of North Lake Road described in the deed to the County of Dallas recorded in Volume 4669 Page 443 in the DRDCT; as THENCE South OO East feet along the south line of North Lake Road to the west side of said tract; acres THENCE South 02M5 22 West feet along the west side of said acres tract to the Point of Beginning and Containing of land more or less. acres This document was prepare under 22 TAC , does not reflect the results of on on the ground survey, and is not to be used to convey or establish interests in real property except those rights ond interests implied or established by the creation or reconfiguration of the boundary of the politico! subdivision for which it was prepared. June 2, 2015 Page 1 of 3 EXHIBIT ac tract.docx I3oundarv Adiustment Dallas/Irving (Attachment No. I) Page 1 of3 4

8 Attachment No. I 813x529 EXHIBIT ACRES TRACT A tract or parcel of land situated in the Jacob Carlock Survey, Abstract No. 312, in City of Dallas Block No. 8461, in the City of Dallas, Dallas County, Texas, being the same as the called acre tract described in the Special Warranty Deed to OW Shoreline Land, Ltd. recorded in Instrument No in the Official Public Records, Dallas County, Texas (OPRDCT), and being more particularly described as follows; BEGINNING at the most westerly southwest corner of the called acres tract described in the deed to Crow-Billingsley Belt Line, Ltd. recorded in Volume Page 5186 in the DRDCT; THENCE South East feet along the south side of said acres tract; THENCE South ll East feet along the west side of said acres tract; THENCE North West feet along the south side of said acres tract to a found corner monument stamped Frontier; THENCE North West feet along the west side of said acres tract to a found corner monument stamped Frontier; THENCE North O00O 00 West feet along the west side of said acres tract to the Point of Beginning and Containing acres of land more or less. This document was prepare under 22 survey, and is TAC , does not reflect the results of an on the ground not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. June 2, EXHIBIT 2015 Page ac tractdocx 2 of 3 Boundary Adjustment Dallas/Irving (Attachment No. I) Page 2 of 3

9 ? Attachment No. I EXHIBIT ACRES TRACT AND ACRES TRACT NzI : C6LIGATTON to oxtcuc TRANSII)SSICN LINE EASE4IENI I. ANT WATER LINE EASEIAENT.OL P c y. \,, CR5W..-WILL1NSOLE1 NOTCH L<E,_- RESIEY SMLY ORAl.ICSIJT SCNTW?C VxI 92W6. P V& Soot 4 103Rd ORION ooiwd 5 TRANSMISSION LINE EASEMENT A. oo. OSTRIBUT1ON LINE EASEIAENT RESERIWRY - TEXAS UTILJP,ES ELECTRIC COIAI ANY.81 VOL , STLA8.,l PT OWE OPAL )0.5 AC 55053) a, 0 A // POINT OF BEGINNING AC TRACT // AND AC TRACT RI. / N E ssrct )ot.: \ CA 50584EL0NE ANS. PT INST Scale: 3 = 300 ST This document was prepare under22 TAC l,does notreflect.,, the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or recorlfigurotiori of the boundary of the political subdivisionfor which it was prepared. N89 281O W 4. I I BinkIeyBarfieId C&P consulting engineers SASELINECORPORATION Protessionai Surveyors 1801 Gateway Blvd. 972, Gateway Blvd. Suite 101 Fax Suite Richardson, Texas Richardsori.Texas w.baseiine surveyors.net Frm Rsg:strat:ort df-3185 TBPLS F,rm No. F 3195 Job No.: Date: 813X508 JUNE 2, 2015 Page 3 3 Dwg. File: 813X508 INDY SASE Boundary Adjustment Dallas/Irving (Attachment No. 1) rage 3 of 3 f 6

10 ATTACHMENT NO. 2 SERVICE PLAN The following is a Service Plan for the property described in Attachment No. 1 AGREEMENT and also identified on the attached map. attached to the As the result of a series of negotiations, the cities of Dallas and Irving agreed to a boundary adjustment covering the property described in the AGREEMENT. Schedule of Municipal Services A. Police Protection Police enforcement and protection services are to be provided by the extension of patrol into the boundary adjusted area and by response from the Irving Police Department to individual requests beginning on the effective date of the boundary adjustment ordinance. B. Fire Protection (including emergency ambulance) Fire protection personnel and equipment, and emergency medical personnel and equipment shall be provided to the boundary adjusted area upon request beginning on the effective date of the boundary adjustment ordinance. C. Solid Waste Collection Solid waste collection service is to be provided to the boundary adjusted area in accordance with City of Irving ordinances, resolutions, and regulations beginning on the effective date of the boundary adjustment ordinance. D. Water Service 1. Water service is to be provided to the boundary adjusted area in accordance with City of Irving ordinances, resolutions, and regulations beginning on the effective date of the boundary adjustment ordinance. 2. Water mains are to be extended to serve individual owners in the boundary adjusted area in accordance with City of Irving ordinances, resolutions, and regulations. 3. As development and construction of subdivisions commence within the boundary adjusted area, water mains are to be extended with City participation in the costs of these extensions in accordance with City of Irving ordinances, resolutions, and regulations. E. Sanitary Sewer Service 7

11 3Q Wastewater service is to be provided to the boundary adjusted area in accordance with City of Irving ordinances, resolutions, and regulations beginning on the effective date of the boundary adjustment ordinance. 2. Sanitary sewer mains are to be extended to serve individual owners in the boundary adjusted area in accordance with City of Irving ordinances, resolutions, and regulations. 3. As development and construction of subdivisions commence within the boundary adjusted area, sanitary sewer mains are to be extended with City participation in the costs of these extensions in accordance with City of Irving ordinances, resolutions, and regulations. F. Maintenance of Roads and Streets 1. Street maintenance and other street services are to be provided to the boundary adjusted area in accordance with City of Irving ordinances, resolutions, and regulations beginning on the effective date of the boundary adjustment ordinance. 2. As streets are constructed in undeveloped portions of the boundary adjusted areas, the City is to participate in the cost of construction, acceptance upon completion, maintenance, and other services in accordance with City of Irving ordinances, resolutions, and regulations. G. Parks and Recreation All of the City of Irving parks and recreation facilities are to be available for use by residents of the boundary adjusted area beginning on the effective date of the boundary adjustment ordinance. H. Library Service All of the City of Irving library facilities are to be available for use by residents of the boundary adjusted area beginning on the effective date of the boundary adjustment ordinance. Street Lighting The City of Irving is to provide for the placement of street lights in accordance with practices in all other areas of the city. J. Traffic Engineering Necessary traffic studies are to be performed to determine the need for installation of street identification signs and proper traffic control devices within the boundary adjusted area in accordance with City of Irving ordinances, resolutions, and regulations. K. Planning and Zoning. 8

12 The planning and zoning jurisdiction, including the subdivision platting process, of the City of Irving extend to the boundary adjusted area. L. Storm Drainage (including flood plain regulations) Studies are to be conducted to ascertain the limits of the 1 00-year floodplain in order to place the zoning flood plain prefix on any appropriate areas. M. Capital Improvements Irving will initiate the acquisition or construction of capital improvements necessary for providing services adequate to serve the boundary adjusted area as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. N. Miscellaneous General municipal administrative and code enforcement services of the City of Irving will be provided to residents of the boundary adjusted area beginning on the effective date of the boundary adjustment ordinance. 9

13 3O ORDINANCENO. ORD , AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITIES OF DALLAS AND IRVING ADJUSTING THEIR COMMON BOUNDARY LINE; ACCEPTING A CERTAIN AREA OF LAND INTO THE CITY OF IRVING; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, it is the desire of the Cities of Dallas and Irving to adjust their common city limit boundaries in order to establish clear demarcation lines to allow the efficient development of a proposed residential subdivision and delivery of city services to their citizens in the area; and WHEREAS, pursuant to related Service Contracts, Irving has agreed to provide potable treated water and wastewater services to a portion of Dallas located near the proposed residential subdivision; and WHEREAS, the Cities of Dallas and Irving, pursuant to Section of the Texas Local Government Code, have entered into an agreement, authorized by Dallas City Council Resolution on June 17, 2015, adjusting the common boundary line; and WHEREAS, the City Council finds that it is in the public interest for the City of Irving to make such an adjustment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS: SECTION 1. The City Council does hereby approve the agreement attached hereto and made a part of this ordinance as Exhibit A, and the Mayor is authorized to execute said agreement. SECTION 2. The City of Irving does hereby receive and include a certain area of land, along with all extraterritorial jurisdiction pertaining thereto, now presently within the city limits of Dallas and described in Attachment No. 1, into the city limits of Irving. SECTION 3. The affected corporate limits of the City of Irving shall upon final passage of this ordinance be adjusted as set out in Exhibit A. SECTION 4. The service plan attached as Attachment No. 2 is hereby approved and adopted as the service plan for the newly acquired territory described in Exhibit A of this ordinance. SECTION 5. The sections,paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall he declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph, or section. SECTION 6. Upon final passage of this ordinance, the City Secretary shall transmit a certified copy of this ordinance to the City Secretary of the City of Dallas.

14 SECTION 7. This ordinance shall take effect upon ratification and adoption of the attached agreement by the City of Dallas or immediately from and after its passage in accordance with the provisions of the Charter of the City of Irving, whichever occurs later, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS, on August 4, ATTEST: BETH VAN DUYN MAYOR / Shane Jennings (1 City Secretary APPROVED AS TO FORM: kla 1V/t4 YtV Kuruvilla Oommen City Attorney -2-

15 PROOF OF PUBLICATION - LEGAL ADVERTISING The Ilegal advertisement required for the noted ordinance was published in the Dallas Morning News, the official newspaper of the city, as required by law, and the Dallas City Charter, Chapter XVIIIJ, Section 7. DATE ADOPTED BY CITY COUNCiL ORDINANCE NUMBER AUG DATE PUBLIISHED AUG ATTESTED BY OFFICE OF CITY SECRETARY P:\PROOF OF PUBLICATION.docx