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Home My WebLink AboutOrd 275 Disannexing the property of Wayne T. Hoover - Voided by 287ORDINANCE AND ORDER DISANNEXING LAND ORDINANCE NO. 275 STATE OF TEXAS § COUNTIES OF TARRANT § AND DENTON § KNOW ALL MEN BY THESE PRESENTS: AN ORDINANCE DISANNEXING FROM THE TOWN OF WESTLAKE, TEXAS, CERTAIN LAND GENERALLY SHOWN ON THE DRAWING THAT IS ATTACHED HERETO AS EXHIBIT "A" AND THAT IS HEREINAFTER DESCRIBED; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN ORDER DISANNEXING LAND; AND PROVIDING EFFECTIVE DATES FOR THIS ORDINANCE AND ORDER. WHEREAS, the Town of Westlake, Texas, is a Type A general -law municipality located in Tarrant and Denton Counties, Texas; and WHEREAS, the land hereinafter described is currently shown by the Official Map of the Town of Westlake to be within the corporate limits of the Town of Westlake; and WHEREAS, the land hereinafter described consists of at least 10 acres contiguous to the Town of Westlake; and WHEREAS, the land hereinafter described contains fewer than one occupied residence or business structure for every two acres and fewer than three occupied residences or business structures on any one acre; and WHEREAS, Wayne T. Hoover, the resident and owner of the land hereinafter described, has expressed a desire to no longer be a part of the Town of Westlake and to be exclusively within the extraterritorial jurisdiction of the City of Fort Worth, Texas; and WHEREAS, Section 43.144 of the Texas Local Government Code expressly allows the land hereinafter described to be disannexed from the Town of Westlake under the circumstances described above; and DISANNEXATION ORDINANCE HOOVER Page 1 07510.0019:0253860.01 WHEREAS, Section 42.023 of the Texas Local Government Code expressly allows the Town of Westlake to release the hereinafter described land exclusively into the extraterritorial jurisdiction of the City of Fort Worth; and WHEREAS, notice of the proposed adoption of this ordinance and order was duly provided in accordance with the Texas Open Meetings Act, Chapter 551 of the Texas Government Code; and WHEREAS, the Mayor and governing body of the Town of Westlake have determined that municipal services will be available to fully serve the land hereinafter described; and WHEREAS, the Mayor and governing body of the Town of Westlake have determined that it is in the best interest of the Town of Westlake to disannex the land hereinafter described and to release such land exclusively into the extraterritorial jurisdiction of the City of Fort Worth. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. The land more specifically described on Exhibit `B" attached hereto and incorporated herein for all purposes is hereby unconditionally and irrevocably declared to be discontinued and disannexed from the Town of Westlake and, when the attached order has been duly executed and filed in the records of the Town of Westlake, such land shall immediately cease to be a part of the Town of Westlake, Texas. SECTION 2. This ordinance shall be cumulative of all provisions of ordinances of the Town of Westlake, Texas, 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 3. It is hereby declared to be the intention of the Board of Aldermen 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 DISANNEXATION ORDINANCE HOOVER Page 2 07510.0019:0253860.01 ordinance, since the same would have been enacted by the Board of Aldermen without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. The Town Secretary of the Town of Westlake is hereby directed to immediately file this ordinance in the records of the Town of Westlake when it is duly executed by the Mayor or Mayor Pro -Tem. The Mayor or Mayor Pro -Tem is authorized to execute the attached order; and when such order has been duly executed, the Town Secretary is hereby directed to immediately file the executed order in the records of the Town of Westlake and cause an original or certified copy of this ordinance and order to be immediately recorded in the deed records of Tarrant and Denton Counties, Texas. In the event the Town Secretary should fail or refuse to perform the duties required by this ordinance, the Board of Aldermen authorize either the Mayor or Mayor Pro -Tem to perform such duties. SECTION 5. This ordinance shall be unconditionally and irrevocably effective and in full force and effect when it is passed and approved by the Board of Aldermen. The attached order shall be unconditionally and idrrevocably effective and in full force and effect as provided in such order. This ORDINANCE AND ORDER DISANNEXING LAND is passed and approved this 2nd day of May,1997, at 7: f c7 6M. ATTEST: SIGNED: ��/z� .y Ginger Crosswy, cretary MAYOR Date: May 2, 1997 APPROVED AS TO FORM ANO LEGALITY: Bill Wood, Town Attorney Date: May 2, 1997 Carroll Huntress, MAYOR PRO -TEM DISANNEXATION ORDINANCE HOOVER Page 3 07510.0019:0253860.01 THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON This instrument was acknowledged before me on the 2nd day of May, 197, by (AjE } Mayor of the Town of W tlake. k; k p � f Notary Public in and for My C¢mmissi n Expires: THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON the State of Texas . 7: AoLmtAaIX 1 This instrument was acknowledged before me on the 2nd day of May, 197, by Mayor Pro -Tem of the To of Westlake. Notary Public in and for the State of Texas My Commission Ex ires: ID 6T Yam LANECfEWhb' Notary Put)ac STATE oP T� 049 comm. W, DISANNEXATION ORDINANCE HOOVER Page 4 07510.0019:0253860.01 ORDER DISCONTINUING AND DISANNEXING LAND FROM THE TOWN OF WESTLAKE, TEXAS IT IS HEREBY ORDERED that the land described in Exhibit `B" attached to and made a part of this ordinance is hereby immediately, unconditionally and irrevocably discontinued as a part of, and dissannexed from, the Town of Westlake, Texas. This order, and the resulting discontinuation and disannexation of the land desc, in Exhibit "A," is effective this 2nd day of May, 1997, at 7'{o L.M. (which is the and time this order is entered into the records of the Town of Westlake). ATTEST: A _ Ginger Crosswy, creiary Date: May 2, 1997 APPROVED AS TO FORM A LEGALITY: Bill Wood, Town Attorney Date: May 2, 1997 SIGNED: �,sy MAYOR L�.i� Carroll Huntress, MAYOR PRO -TEM DISANNEXATION ORDINANCE HOOVER Page 5 07510.0019:0253860.01 THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON This instrument was acknowledged before me on the 2nd day of May, 197, by "Q , Mayor of the Town of We tlake. tel) Notary Public in and for My Commission Expires: IL THE STATE OF TEXAS COUNTIES OF TARRANT AND DENTON the State of Texas �t� . ra o ' This instrument was acknowledged before me on the 2nd day of May, 197, by Ly v ( L�l i vj,,( c<,5 , Mayor Pro -Tem of the Town of Westlake. i i fl ✓'..�/ork .. '{/Uri �.f 1 Notary Public in and for the State of Texas My Commission Expires: �D) i 1 , A 1 1 � � � • 1 DISANNEXATION ORDINANCE HOOVER Page 6 07510.0019:0253860.01 EXHIBIT "A" Drawing of "Disannexed Land" DISANNEXATION ORDINANCE HOOVER Page 7 07510.0019:0253860.01 EXHIBIT `B" Property Description of Land Discontinued and Disannexed from the Town of Westlake, Texas DISANNEXATION ORDINANCE HOOVER Page 8 07510.0019:0253860.01 EXHIBIT 'B' PROPERTY DESCRIPTION WAYNE T. HOOVER This property is comprised of one tract of land totaling approximately 18 acres located on the east side of J.T. Ottinger Road, south and east of the intersection of J.T. Ottinger Road and State Highway 170, and north of the intersection of J.T. Ottinger Road and Dove Road in Tarrant County, Texas. This tract of land is generally shown on the attached Exhibit 'A' and further described below. BEING a tract of land situated in the J. Gibson Survey, Abstract No. 592, Tarrant County, Texas and being that tract of land as described by deed to Wayne T. Hoover and recorded in Volume 5492, Page 93, County Records, Tarrant County, Texas, save and except any portion of said tract situated within 50 feet of the westerly right-of-way line of J.T. Ottinger Road. C&B Job No. 971303010 May 2, 1997 J:\JOB\97130301\SUR\LEGAL\TR10.LG Page 1 of 1