Loading...
HomeMy WebLinkAboutOrdinance 11178 ORDINANCE NUMBER ~ r~ AN ORDINANCE DISANNEXING AND D SCONTINUING TERRITORY FROM WITHIN THE CORPORATE LIMITS OF THE CITY OF FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR SEVERABILITY AND-NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the following described land and territory within the corporate limits of the City of Fort Worth, Texas, be and the same is hereby disannexed and discontinued as a part of the City of Fart Worth, Texas, said territory being described as follows: BEING a tract of land situated in the J. M. Lilly Survey, Abstract Number 919, and being a portion of that tract of land described in a deed to Purvis and York, Inc., as record in Deed Volume 2451, Page 975, County Records, Tarrant County, Texas, said tract being more particularly described as follows: BEGINNING at the point where the northerly right-of-way line of Keller-Hicks Road intersects the easterly right-of-way of Interstate Highway I35W; THENCE along the easterly right-of-way line of said I35W the following bearings and distances. N 37° 35' 48" W, 91.20 feet; N 14° 57' 09" E, 495.63 feet; N 11° 22' 34" E, 400.73 feet; and N 14° I7' 09" E, 613.86 feet to a point in the northerly line of said Purvis and York, Inc., tract; THENCE S 89° 30' 00" E, 165.43 feet along the north line of said tract; THENCE S 14° 55' S5" W, 755.40 feet; THENCE S 1$° 31' 30" W, 400.78 feet; THENCE S 14° 56' 55 W, 440.87 feet to a point in the northerly right-of-way line of Keller-Hicks Road; THENCE N 89° 42' 48" W, 39.18 feet to the POINT OF BEGINNING and containing 4.978 acres of land. SECTION 2. That the above described territory is shown on the attached map marked Exhibit "A" on file in the office of the City Secretary of the City of Fort Worth, Texas, which map is expressly incorporated herein by reference for the purpose of illustrating and depicting the location of the hereinabove described territory. SECTION 3. That this ordinance shall and does amend every prior ordinance in conflict herewith, but as to all other ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the same is hereby made cumulative. SECTION 4. That it is hereby declared to be the intent of the City Council 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 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 by the City Council without the incorporation in this ordinance of any unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. That this ordinance shall be in full force and effect from and after the date of its passage by the City Council, and it is so ordained. .~ APPROVED AS TO FORM AND LEGALITY: ~ PJT`{ ~iiYY /gTTrD/QN~y Wade Adkins, City Attorney DATE: ~ - IL - qZ ADOPTED: ~~~~~~ EFFECTIVE: 4 1 I c. } sr. n___.' ................... .... ; ......:i:!:! ~., . .. SCALE 1"=400 ' ~ ~ "~,~~~•ti.. 0 200 400 ,p x :. . .. j,,~ ............ ................. ..............: .... . ~, A.: :~ :~ .~ Tn s ~.*. x1iP. I, :'~ ~ ~~ TR fA f4. G0~ AC ~ t• .o~ i .... .... :~ ..:..........:. ~.~.r....~.'.~.. ~., mow., , wwti w~~ ......................... ~..c; r.., , .: }14:tQA•:•114:~tC•::::. .: .... ... ... ... ... ............... ... COlAYTY ..• CJT • ...... • • J NS~AV01 I p,5 ,~ ,o I l KELLER -HICKS RD. COfANTY . •:• ...... : • ...: .ti .: ............... •.... •.... .., I CORPORATE BOUNDARY CHANGE. - CITY OF FORT WORTH PROJECT U M LILLY SURVEY-RURVIS TRACT' 1ST PUBLIC HEARING FILE NO A-92-03 PLAT NO 2ND PUBLIC HEARING CURRENT INCORPORATED AREA ~: DATE OF ADOPTION ORDINANCE NO ACRES TO BE ANNEXED. PREVIOUS INCORP AREA SO MI ~ 978 ACRES TO BE DISANNEXED D MI NEW INCORP AREA S EXHIBIT "A" plan Commission -- 7/29/92 Development Review Committee -- 7/23/92 Staff Information Report 1 A-92-03 DISANNEXATZON: J. M. LILLY SURVEY, A-979 (4.978 ACRES) I H.#35W at Keller-Hicks Road Mr Tom E . Purvis , 'III acting on behalf of has requested disannexation of a 4 978 acre North Fort Worth. The site parallels the e I H.#35W North, north of Keller-Hicks Road. of an extensive area (including present-Day annexed on September Z5, ].987. the property owners, tract located in Est right-of-way of This tract was part Alliance Airport) EXISTING LAND USE AND PHYSICAL CHARACTERISTICS Approximately half of the site is utilized as a tree farm (Trinity Tree Farms). The balance of the site is undeveloped and uncultivated. The site does contain several out-buildings. ACCESS Access to the site is provided by a two-way frontage road paralleling the east side of I H #35W. The frontage road terminates just past the north property line of the tract. PLATTING ..AND ZONING The subject tract is unplatted and zoned "AG" Agricultural Properties north and south of the site are zoned "G" Commercial and are platted as part of the Prarie Vista Subdivision. Property immediately east of the site is outside the Fort Worth city limits and unzoned. DISTRICT PLAN The North/Northwest District Plan depicts high-intensity, mixed-use development adjacent to the I.H.#35W corridor. The site's proximity to Alliance Airport renders it subject to height restrictions imposed by the North Fort Worth Overlay Zoning District Ordinance. TRANSPORTATION AND PUBLIC WORK DEPARTMENT. The Department of Transportation and Public Works has no opposition to the proposed request. Plan Commission -- 7/29/92 2 Development Review Committee -- 7/23/92 Staff Information Report A-92-03 (CONTINUED) PLANNING DEPARTMENT The annexation of this tract in 1987 was critical to the City of Fort Worth's ability to facilitate the development and control of Alliance Airport, I H #35W and S.H. #170 growth corridors At that time, the property owner, as a convenience to the City, allowed the annexation of this tract so that the City's control could be extended to these growth areas Subsequent annexations have eliminated the need for this tract in order to maintain this control. Based on this situation, the Planning Department has no opposition to the disannexation as requested. WATER DEPARTMENT The Water Department currently has no water and sewer facilities within, adjacent or in the vicinity of the subject property Also, there are no Capital Improvement projects planned for the immediate future, that would bring either water or sanitary sewer service to the subject area 7her~efore, the Water Department has no objections to the disannexation of the subject 4.978 acre tract. DEPARTMENT OF LAW The Department of Law has no obje<tions to the proposed disannexation, so long as the disannexation request has been signed by all the owners of the subject property, which aparently has occurred POLICE DEPARTMENT The above proposed disannexation would have no foreseeable negative impact on Police Department operations or activities. FIRE DEPARTMENT The Fort Worth Fire Department provides the above area with fire protection and emergency medical service Fire Station 35 located at Alliance Airport. This Station has a 1500 GPM Engine with a response time of approximately 5 3 minutes This station would provide E M.S Emergency, grass, brush, trash, vehicle and other non-structure fire calls. A standard structure fire response into the area would consist of Engine 35 located at Station 35 P+lliance Airport with a response time of 5 3 minutes, Station 31 with a 1500 GPM Engine response time of approximately 10 2 minutes, Station 9 with a Quint response time of 11 0 minutes and one Chief Officer. The Fire Department has no objection to this request. Plan Commission -- 7/29/92 3 Development Review Committee -- 7/23/92 Staff Information Report A-92-03 ( CONTINUED ) PUBLIC HEALTH DEPARTMENT The Public Health Department has reviewed the subject proposal regarding the request for disannexation of a 4 978 acre tract located in North For Worth This tract remains as undeveloped land that was annexed on September 15, 1987 as part of an extensive area for future development of the present-day Alliance Airport The health department has no objections to this request for disannexation TRAFFIC ENGINEERING DIVISION The Traffic Engineering Division has reviewed the request for disannexation identified above and find no concerns with regard to such action Presently, the City provides no service to the area and would therefore have no expense for removal of such. PARK AND RECREATION DEPARTMENT This department has no objection to the proposed action and we anticipate no impact on our annual operating budget as a result of approval STAFF RECOMMENDATION The STaff has no objection to the requested annexation DRC RECOMMENDATION After review of the Staff Inform<~tion Report, the Development Review Committee Recommended APPROVAL of the request City Plan Commission July 29, 1992 f ~; A 92 03 DISANNEXATION' J M LILLY SURVEY, A-979 (4.978.~ACRES) I.H.#35W at Keller-Hicks Road Commission Member Tom Purvis indicated that a member of his family is involved in the subject disannexation proposal In order to preclude any appearance of conflict of interest, he recused himself from the hearing and the voting on this case. Mr. Lake presented the Development Review Committee Report and offered to answer questions. Mr. Tom E. Purvis III, appearing on behalf of the property owners, briefly described the relevant history of the subject property. He noted that the land was annexed to the City in 1987 in order to create a strip of property extending to the north along I H.#35W and of sufficient width to annex Alliance Airport and surrounding area to the City. He stated that the property remains agricultural and continues to be operated as a tree farm (which it has been since 1981). However, a problem has developed with regard to the annual tax assessment When land in the City is taxed as agricultural land, it must be used for that purpose on a continuous basis aII year and every year if the agricultural assessment is to be maintained. He explained 'further that, from time to time, it is necessary to leave some of the land in a tree farm unused in order to rejuvenate the soil. At those times, the property within City limits is considered by the Tarrant Appraisal District not to be agricultural land, but open space This has brought about a dispute between the landowners and TAD and has prompted the subject request for disannexation By disannexing the land, the problem will be eliminated He offered to answer questions No one appeared in opposition The Commission, on a motion by Mr Leary, seconded by Ms Conlin, on a vote of 7-0-1, with Mr Purvis abstaining, VOTED. To recommend that the City Council APPROVE A-92-03, a request by Mr Tom E. Purvis III, acting on behalf of the property owners, that t'he City disannex a 4.978 acre tract located in North Fort Worth, parallel to the east right-of-way of I.H.#35W North, north of Keller-Hicks Road. MASTER FI~E•1 ACCOUNTING 2 / ~ OV /{~ ~/ 1T/ ~ L f/"="~s 4nrv~rv!tf Al~onlt'UGL(C vJCRK3A v 1 YYYIII ~~,•llVJl~~, fff~~~ ~~//VV~~ F F .,,~~~.;.i, ~,~a or and ~;ounc~l C'annmunic ' y r--~ ;~•„ CF FL(~Pi ~,,. J~ DATE 09/29/92 REFEREN E NUMBER G-9857 L NAME 22LILLY PA E 1 of 1 _, E~~I~JECT ORDINANCE DISANNEXING FROM THE CITY OF FORT WORTH 4.978 ACRES IN THE J.M. LILLY SURVEY ABSTRACT N0. 979 RECOMMENDATION: t ~s recommended that the City Council adopt the attached ordinance disannexing 4.978 acres in the J.M. Lilly Survey, Abstract No 979 from the corporate limits of the City of Fort Worth. DISCUSSION: Mr. Tom Purvis III, acting on behalf of the property owners, is requesting disannexation of a 4.978 acre tract in north Fort Worth. This tract was part of an extensive area (5,619 acres) annexed on September 15, 1987. This area includes the present day Alliance Airport and the Interstate Highway 35W and State Highway 170 corridors. At the time of its annexation in 1987, the Purvis tract was critical to the City of Fort Worth's ability to extend a corridor (along I35W) connecting the then current City limits to the various properties in northern Tarrant and southern Denton Counties. Subsequent annexations since 1987 have expanded this corridor to the extent that the inclusion of this tract within the corporate limits is no longer vital The Development Review Committee recommended approval of this requested disannexation on July 23, 1992. The City Plan Commission recommended approval of the request on July 29, 1992. Location• The site parallels the east side of Interstate Highway 35W, north of Keller-Hicks Road. The site is located in COUNCIL DISTRICT NO 2. MG k +~u h Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by to ' „~,..~ r ~ Ramon Guajardo 6143 (`~`i`~' `' 1' ~!~ ~;;, 1 ~~ U,y Originating Department Head ~i;r,~~~',~2 ''~~` 4 L Emil Moncivais 8042 from . r~11~i ';O ~lr;;r ' ~ ~ For Additional Information -~ttne~dtrryoithe h ~ic ' Contact . . pity of rota ~,f°r Emil Moncivais 8042 ~~ Printed on recycled paper