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HomeMy WebLinkAboutORD 880380 - DisannexationORDINANCE NUMBER ORDINANCEAN PROVIDING FOR THE REDUCTION CERTAIN :• • • •- •WN TERRITORY CONSISTING OF: APPROXIMATELY 15*2 • • a : • • • CENTERLINE INCLUDING A • r e •• STRIP OF LAND LOCATED ALONG AND EAST OF r OF BERRY CREEK BETWEEN •' : •ACRE] • • a �..., . 971 AND r r •. LI OF THE SAN GABRIEL RIVER; PROVIDING FOR CI L APPROVA• BOUNDARY •. EXT RA -TERRITORIAL JURISDICTIONS • •- • - DESCRIBED FEBRUARYMAYORS• SAID CITIES, AND PROVIDING FOR gra • • ,, WHEREAS, the Mayors of the Cities of Georgetown and Weir, Texas signed an agreement on February 19, 1988, defining the extra -territorial and corporate boundaries between said cities, and WHEREAS, the current corporate and extra -territorial boundaries of the City of Georgetown do not correspond with the boundaries described in said agreement; and WHEREAS, under the Municipal Annexation Act, the City may agree to reduce the boundaries of its extraterritorial jurisdiction, and WHEREAS, the City Council of the City of Georgetown, Texas, may under the Charter of said City, Section 1.06(3)(a), disannex areas as allowed by State law, and WHEREAS, notices of two (2) public hearings were published according to law in a newspaper having general circulation in the City of Georgetown, Texas, and in the herein described territory to be disannexed, on August 31, 1988 and September 4, 1988, said dates being not more than 20 days nor less than 10 days prior to those hearings; and WHEREAS, two public hearings by the City Council of the City of Georgetown, Texas, where all interested persons were provided with an opportunity to be heard on the proposed disannexation of a certain tract located in Williamson County, Texas, including a A TWO HUNDRED AND FIFTY (250) FOOT WIDE STRIP OF LAND LOCATED ALONG AND EAST OF THE CENTERLINE OF BERRY CREEK BETWEEN THE NORTH RIGHT-OF-WAY OF F.M.ROAR 971 AND THE CENTERLINE OF THE SAN GABRIEL RIVER were held, the first being on the 13th day of September, 1988, and the second hearing being on the 19th day of September, 1988 and . 1a O WHEREAS, the tract described in Exhibit A of this ordinance contains approximately 15.2 acres; and WHEREAS, all notices and other prerequisites of state law and the City Charter have been complied with; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, Section 1. All of the facts recited in the preamble to this ordinance are hereby found by the Council to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied herein verbatim; Section 2. The following described land and territory lying within the City of Georgetown, Texas is hereby disannexed from the City of Georgetown, Texas and said territory hereinafter described shall hereafter be excluded in the boundary limits of the City of Georgetown, Texas and the present boundary limits of said City at the various points contiguous to the area hereinafter described are altered and amended so as to exclude said area from the corporate limits of the City of.Georgetown, Texas, to -wit: BEING those certain tracts and parcels of land described in Exhibit A attached hereto and in- corporated herein by reference for all purposes. Section 3. The City of Georgetown, Texas hereby agrees to relinquish any of its extra -territorial jurisdiction east of that certain line described as the dividing line in the, aforementioned agreement. Said agreement, which includes a written description and a map illustrating said dividing line is attached hereto as Exhibit B. Section 4. If any section, paragraph, clause, phrase, or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part or provision thereof other than the part so declared to be invalid or unconstitutional. PSF - 87DAnx0l.FW2 READ AND APPROVED on the first reading, on this the 11th day of October, 1988. READ AND APPROVED on the final reading, on, this the 22nd day of November, 1988. Tim Kennedy, MayAr ATTEST. ',o .a Ti.t'W.'R'w. s h { � ii ✓. �ai V () Denise Lebowitz, Deputy Clt-� Secretary Approved as to form: r Diane Callander, City Attorney THE STATE OF TEXAS COUNTY OF WILLIAMSON CITY OF GEORGETOWN I, , being the current City Secretary of the City of Georgetown do hereby certify that the attached ordinance of the City Council of the City of Georgetown is a true and correct copy of such ordinance, adopted at a council meeting open to the public, and notice of said meeting, giving the date, place and subject thereof was posted as prescribed by Article 6252-17, Section 3A, VATCS. Dated this day of (City Seal) City Secretary PSF - 87DAnx01.FW2 EXHIBIT A BEING APPROXIMATELY 15.2 ACRES IN THE JOSEPH BERRY SURVEY, A-63 IN WILLIAMSON COUNTY, TEXAS, INCLUDING A PORTION OF A 500 FT. WIDE STRIP OF LAND ANNEXED BY THE CITY OF GEORGETOWN, TEXAS ON AUGUST 31, 1987, THROUGH ORDINANCE NUMBER 870375.00C, SAID PORTION CONSISTING OF A 250 FT. WIDE STRIP OF LAND LOCATED GENERALLY NORTH AND EAST OF THE CENTERLINE OF BERRY CREEK EXTENDING FROM THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY F.M. 971 TO THE CENTERLINE OF THE SAN GABRIEL RIVER; SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS. BEGINNING at a point at the intersection of the centerline of Berry Creek and the north right-of-way line of State Highway F.M. 971, THENCE downstream along the centerline of said creek the following 14 courses: 1) S 7' 171 1111 E, a distance of approximately 40 feet to the intersection of the herein described centerline and the approximate center of State Highway F.M. 971; 2) S 14' 301 2919 E, a distance of 277.94 feet, 3) S 26' 491 2111 E, a distance of 245.80 feet; 4) S 47� 141 4891 E, a distance of 145.34 'feet, 5 ) S 67' 511 5311 E, a distance of 240.88 feet; 6) S 76' 341 4011 E, a distance of 315.43 feet; 7) S 78' 341 2944 E, a distance of 253.12 feet; 8) S 74" 381 4111 E, a distance of 228.90 feet; 9 ) S 58' 491 3511 E, a distance of 171.73 feet; 10) S 13� 231 3311 E, a distance of 152.73 feet; 11) S 17" 361 4311 W, a distance of 193.26 feet; 12) S 18� 221 2611 W, a distance of 159.17 feet; 13) S 1� 401 2091 W, a distance of 133.74 feet; and 14) S 0' 391 1911 W, a distance of 134.56 feet to the confluence of said centerline of Berry Creek and the center of the San Gabriel River, said point being the terminus of the centerline of the tract described in the aforementioned annexation ordinance and the southwest corner of the tract described herein; THENCE S 89� 211 4149 a distance of 250 feet to the southeast corner of the tract described herein; THENCE following a line parallel to and generally north and east of the above described centerline of said creek to the north right-of-way line of State Highway F.M. 971, said point being the northeast corner of the tract described herein; THENCE following said north right-of-way line S 85� W for a distance approximately 250 feet to the Point of Beginning and containing approximately 15.2 acres of land. COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS. AGREEMENT 1. WHEREAS, the City of Georgetown, Texas (hereinafter "Georgetown) is an incorporated city, duly organized and existing as a home rule city under the Constitution and laws of Texas, and situated in Williamson County, Texas; and 2. WHEREAS, the City of weir, Texas (hereinafter "Weir"), was the subject of an incorporation election on August 29, 1987, which vote was canvassed on August 31, 1987 and was at that time declared by the County Judge of Williamson County to be a general law city and was the subject ,of a second incorporation election on January 16, 1988, which was canvassed on �A u yy IL Igor ; and 3. WHEREAS, there is a dispute regarding the boundaries and extraterritorial jurisdiction of these two entities, and each desires to resolve that dispute in accordance with the laws of the State of Texas, including but not limited to, Section 43.0331 of the Local Government Code and the principles expressed in City of Colonv v. City of Frisco, 686 S.W.2d 739 (Tex. App. -- Fort Worth 1985, writ ref`d n.r,e.); 4. NOW, THEREFORE, Georgetown and Weir, and each of their respective governing bodies, hereby mutually agree with each other in writing as follows; 5 The City aldermen of Weir Council of will adopt following agreement regarding extraterritorial jurisdiction: Georgetown and ordinances to their respective the mayor and accomplish the territory and (a) Georgetown will relinquish any of its extraterritorial jurisdiction east of a certain line (hereinafter. referred to as "dividing line"), shown on the mai attached hereto as Exhibit A and described as follows. beginning at a point in the center of the San Gabriel River where State Highway 29 crosses the river, following the center of the river east to Granger Lake, and from the beginning point in a straight line north to the center of the San Gabriel River at its 4- lt-aA ata;nr-int f -o ;she nrooerty of Ben W. Kuri©, et ux, then northwest along the center line of the river to the point where it intersects Berry Creek, then north along the center line of Berry Creek to its intersection with the north edge of the right of way of FM971, then east along the north side of the FM971 right of way, until said line intersects the boundary separating the property of Max Richter, et ux; and the property of Walter E. Lehman, then north and east and north again along the eastern boundary of the Richter property arid the western boundary of the Lehman property and the 'northern extension of that line until it intersects FM 972. The dividing line, as described, extends beyond the current boundaries of the extraterritorial jurisdiction of either Georgetown or Weir. if it is not legally permissible for the agreement to cover area beyond. the. current extraterritorial jurisdiction of the two cities, then the dividing line shall be construedto stop at the boundary of 'Georgetown's extraterritorial jurisdiction or at such earlier point which might be recruired by law. (b) Georgetown will disannex, of the owners cif the affec its city limits falling after receivinq the request esJ..,..gsQperty_ that portiorn'o- f to the. east of the dividing line; namely that area between Creek and a point 250 feet to the center of Berry the between FM971 and that point along San Gabriel River that is 250 feet line of Berry Creek. 1 The directions stated are approximate. east of the creek the center of the east of the center (c) weir will relinquish any of its extraterritorial jurisdiction west of the line described in (a) above and will disannex any territory currently or proposed to be within its corporate limits that is west of said line, namely (i) the territory west of the dividing line from a point in the center of the San Gabriel River where State Highway 29 crosses the river, in a straight line north to the center of the San Gabriel River at its easternmost point, located adjacent to the Kurio property, and (ii) the territory west of the dividing line where it follows Berry Creek including the right of way of FM971 to the west of its intersection with Berry Creek and the 15 acre tract south of said right of way. 6. 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