HomeMy WebLinkAboutOrdinance 10511
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ORDINANCE NO. ~D~/
AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE
EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT
WORTH; PROVIDING FOR THE ANNEXATION OF A CERTAIN 67.543
ACRES (0.105 SQUARE MILES) OF LAND, MORE OR LESS, WHICH SAID
TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE
BOUNDARY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT THE
TERRITORY ANNEXED SHALL BEAR ITS PRO RATA PART OF TAXES;
PROVIDING THAT THE INHABITANTS THEREOF SHALL HAVE ALL THE
PRIVILEGES OF ALL THE CITIZENS OF FORT WORTH, TEXAS;
PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR
ORDINANCE IN OONFT,ICT HERE4dITH; PROVIDING THAT THIS
ORDINANCE SHALL BE CLIMIJLATIVE OF ALL PRIOR ORDINANCES NOT IN
DIRECT CONFLICT; PROVIDING FOR SEVF.RABILITY AND NAMING AN
EFFECTIVE DATE.
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WHEREAS, a public hearing before the City Council of the City of Fort
Worth, Texas, wherein alI interested persons were provided an opportunity to be
heard on the proposed annexation of the territory hereinafter described, was
held in the City Council Chambers, on the 2nd day of January, 1990, which date
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was not more than forty (40) days nor less than twenty (20) days prior to
institution of annexation proceedings; and
WHEREAS, a second public hearing before the City Council of the City of
Fort Worth, Texas, wherein all interested persons were provided an opportunity
to be heard on the proposed annexation of the territory hereinafter described,
was held in the City Council Chambers in the Municipal Office Building of Fort
Worth, Texas, on the 16th day of January, 1990, which date was not more than
forty (40) days nor less than twenty (20) days prior to the institution of
annexation proceedings; and
Wh'EREAS, notice of the first such public hearing was published in a
newspaper having general circulation in the City of Fort Worth, Texas, and in
the hereinafter described territory on the 22nd day of December, 1989, which
date was not more than twenty (20) days nor less than ten (10) days prior to the
date of said such public hearing; and
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WHEREAS, notice of the second such public hearing was published in
a newspaper having general circulation in the City of Fort Worth, Texas, and in
the hereinafter described territory on the 3rd day of January, 1990, which date
was not more than twenty (20) days nor less than ten t10) days prior to the date
of said public hearing; and
WHER.E'.AS, prior to the publication of the notices of public hearings, a
Service Plan providing for the extension of municipal services into the
hereinafter described territory was prepared for inspection by and explanation
to the inhabitants of the area to be annexed; and
WI~REAS, the population of the City of Fort Worth, Texas is in excess of
100,000 inhabitants; and
WHEREAS, the hereinafter described territory lies within the exclusive
extraterritorial jurisdiction of the City of Fort Worth, Texas; and
Wf~REAS, the hereinafter described territory lies adjacent to and adjoins
the City of Fort Worth, Texas; and
WHEREAS, the hereinafter described territory contains 67 543 acres (0 105
square miles) of land, more or less;
NOW, THEREFORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS
SECTION 1
That the following described land and territory lying adjacent to and
adjoining the City of Fort Worth, Texas is hereby added to and annexed to the
City of Fort Worth, Texas, and said territory hereinafter described shall
hereafter ~ included within the boundary limits of the City of Fort Worth,
Texas, and the present corporate boundary limits of said City, at the various
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points contiguous to the area hereinafter described, are altered and amended so
as to include said area within the corporate limits of the City of Fort Worth,
Texas, to-wit
Parts of the James Eads Survey, Abstract No "'410, the T. J Bates Survey,
Abstract No '206, and the Thomas S. Reyburn Survey, Abstract No "1130, situated
about 17 1/3 miles south 30 degrees west from the courthouse in Denton,the
county seat of Denton County, Texas; and embracing a portion of the 165-50/100
acres tract and all of the 16-84/100 acres tract described in the deed to
Frederick Brodsky recorded in Volume 1648, Page 842 of the Denton County Deed
Records and Parcel 6, Part 1 described in the deed to the State of Texas
recorded in Volume 517, Page 204 of the said Deed Records for Interstate High~y
35W
Beginning at 7/8" iron rod for the northwest corner of the said 16-84/100 acres
tract in the north line of the said James Eads Survey in the existing City limit
line of Fort Worth.
Thence south 89 degrees-38 minutes-30 seconds east, along the north line of said
16-84/100 acres tract and the north line of James Eads Survey to and along the
north line of said Parcel 6, Part 1 and north line of said 165-50/100 acres
tract and the north line of said T J Bates Survey, at 926-65/100 feet pass a
7/8" iron rod the northeast corner of said 16-84/100 acres tract and the
northwest corner of said Parcel 6, Part 1, and being 150 feet left of center
line station 80+40-22/100 of I-35W, at 1277-64/100 feet past a 7/8" iron rod for
the northeast corner of said Parcel 6, Part 1 and the northwest corner of said
165-50/100 acres tract and being 150 feet right of centerline station
82+18-651100, in all 1912-24/100 feet
Thence south 9 degrees-48 minutes-30 seconds west, 410 feet
Thence north 89 degrees-38 minutes-30 seconds west, 4-05/100 feet to the begin-
ning of a curve to the left having a radius of 490 feet
Thence southwesterly along said curve to the left an arc length of 528-80/100
feet to its end, the long chord of said 528-80/100 feet arc is south 59
degrees-26 minutes-30 seconds west, 503-51/100 feet
Thence south 28 degrees-31 minutes-30 seconds west, 1418-201100 feet to the
beginning of a curve to the left having a radius of 926-91/100 feet
Thence southwesterly along said curve to the left an arc length of 453-85/100
feet to its end, the long chord of said 453-85/100 feet arc is south 14
degrees-29 minutes-53 seconds west, 449-33/100 feet
Thence south no degrees-28 minutes-15 seconds west, 234-85/100 feet to the
existing Fort Worth City Limit line
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Thence north 89 degrees-32 minutes-36 seconds west, along said Fort Worth City
limit line, 412-92/100 feet
Thence north no degrees-25 minutes-50 seconds east, continuing along said City
limit line, 25 feet
Thence north 78 degrees-22 minutes-27 seconds west, continuing along said City
limit line, 232-96/100 feet to a 7/8" iron rod for the southwest corner of said
165-50/100 acres tract and northwest corner of Parcel 6, Part 2 described in the
deed to the State of Texas recorded in Volume 517, Page 204 of the said Deed
Records
Thence north no degrees-35 minutes-58 seconds east, continuing along the said
City limit line, along the west line of said 165-50/100 acres tract, 277-31/100
feet to a 7/8" iron rod for the southeast corner of said Parcel 6, Part 1, and
being 180 feet right of centerline station 56+41-22/100.
Thence north no degrees-38 minutes-52 seconds east, continuing along the said
City limit line, 652-23/100 feet to a concrete Highway Department right-of-way
monument for the south corner of said 16-84/100 acres tract, and being 150 feet
left of centerline station 62+01-82/100
Thence north no degrees-38 minutes-08 seconds east, continuing along the said
City limit line and the west line of said 16-84/100 acres tract, 1583-20/100
feet to the place of beginning and containing 67-543/1000 acres
SECTION 2
That the shave described territory is shown on Map Exhibit "A" which is
attached hereto and expressly incorporated herein by reference for the purpose
of illustrating and depicting the location of the hereinabove described
territory
SECTION 3
That the above described territory hereby annexed shall be part of the City
of Fort Worth, Texas, and the property so added hereby shall bear its pro rata
part of the taxes levied by the City of Fort Worth, Texas, and the inhabitants
thereof shall be entitled to all of the rights and privileges of all the
citizens in accordance with the Service Plan and shall be bound by the acts,
ordinances, resolutions and regulations of the City of Fort Worth, Texas
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SECTION 4
That attached hereto, marked Exhibit "X" and incorporated herein for all.
purposes incident hereto, is a Service Plan providing for the extension of
municipal services into the area to be annexed, said Service Plan having been
prepared prior to publication of the notices of hearings prescribed under
Section 43 056 of the Texas Local Government Code, and having been made
available at said hearings for inspection by and explanation to the inhabitants
of the area to be annexed
SECTION 5
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 saw is hereby made cumulative
SECTION 6
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 mould have been enacted by the City Council
without the incorporation in this ordinance of any unconstitutional phrase,
clause, sentence, paragraph or section
SECTION 7
That this ordinance shall be in full force and effect from and after the
date of its passage on second reading as provided for in Section 35 of Chapter
XXVII of the Charter of the City of Fort Worth, Texas, and it is so ordained
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APPROVED AS TO F10RM AtVD LEGALITY:
Wade Adkins, City Attorney ~~(T`""~ ~ ~ '
DATE . / 3~~q// q' D
ADOPTED (Q ~ ~~
EFFECTIVE:
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CORPORATE BOUNDARY CHANGE ~- CITY OF FORT WORTH
PROJECT PARK 35 COMMERCE CENTER ADDN, PHASE I FILE NO A_gg_g
AREA O F F O R T @~ O R T H PUBIC HEARIPJG DATE
PREVIOUS TOTAL CITY LIPIIT AREA SQ P1I 0 R D. N ®.
ANNEX
TOTAL TF~IS ORDINANCE SQ P1I 1ST READIPJG DATE
DEA°dNEX
~JEI~! TOTAL CITY LIMIT AREA SQ P1I FINAL READIPJG DATE
ExHrBIT x
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXF.'D AREA
Name and Acreage Annexed PARK 35 CCE CENTER ADDN PHASE I (67 543 Acres)
Location Northeast corner of I-35W (North) and Elizabethtown Cemetery Road
(Co Rd.# 4042)
County Denton
Municipal Services to the acreage described above shall be furnished by or on
behalf of the City of Fort Worth, Texas, at the following levels and in accord-
ance with the following schedule:
A. Police Protection Service
(1) Patrolling, responses to calls, and other routine police protection ser-
vices, within the limits of existing personnel and equipment, will be provided
on the effective date of annexation
(2) As development and construction commence within this area, sufficient
police personnel and equipment will be provided to furnish this area the maximum
level of police services consistent with the characteristics of topography, land
utilization, and population density within the area as determined by the City
Council within two and one-half (2-1/2) years from the date of adoption of the
annexation ordinance, or upon commencement of development within the area,
whichever occurs later
(3) Upon ultimate development of the area, the same level of police protection
services will be provided to this area as are furnished throughout the City
B. Fire and Emergency Protection Service
(1) Fire protection services by the present personnel and the present equipment
of the Fire Department, within the limitations of available water and distances
from existing fire stations, will be provided to this area on the effective date
of the annexation ordinances
(2) As development and construction of subdivisions commence within this area,
sufficient fire and emergency ambulance equipment will be provided to furnish
this area the maximum level of fire and emergency ambulance services consistent
with the characteristics of topography, land utilization, and population density
of the area, as determined by the City Council, within two and one-half (2-1/2)
years from the date of adoption of the annexation ordinance, or upon commence-
ment of development within this area, whichever occurs later
(3) Upon ultima~.e development of the area, the same level of fire and emergency
ambulance services will be provided to this area as are furnished throughout the
city
Exhibit X Page 2
C. Environmental Health and Code Enforcement Services
(1) Enforcement of the City's environmental health ordinances and regulations,
including but not limited to weed and brush ordinances, junked and abandoned
vehicle ordinances, food handlers ordinances and animal control ordinances,
shall be provided within this area on the effective date of the annexation ordi-
nance These ordinances and regulations will be enforced through the use of
existing personnel. Complaints of ordinance or regulation violations within this
area will be answered and investigated by existing personnel beginning with the
effective date of the annexation ordinance
(2) The City's building, plumbing, mechanical, electrical, and all other con-
struction codes will be enforced within this area beginning with the effective
date of the annexation ordinance Existing personnel will be used to provide
these services
(3) The City's zoning, subdivision, sign, mobile home, junk yard and other or-
dinances shall be enforced in this area beginning on the effective date of the
annexation ordinance
(4) All inspection services furnished by the City of Fort Worth, but not men-
tioned above, will be provided to this area beginning on the effective date of
the annexation ordinance
(5) As development and construction commence within this area, sufficient per-
sonnel will be provided to furnish this area the same level of environmental
health and code enforcement services as are furnished throughout the City
D Planninar and Zonina Services
The planning and zoning jurisdiction of the City will extend to this area on the
effective date of the annexation ordinance City planning will thereafter encom-
pass this property, and it shall be entitled to consideration for zoning in ac-
cordance with the City's Comprehensive Zoning Ordinance and General Plan.
E Recreation and Leisure Services
(1) Residents of this property may utilize all existing recreational and lei-
sure service facilities and sites throughout the City, beginning with the
effective date of this ordinance
(2) Additional facilities and sites to serve this property and its residents
will be acquired, developed and maintained at locations and times provided by
applicable plans, policies and programs and decisions of the City of Fort Worth
This property will be included in all plans for providing recreation and leisure
services to the City The same level of recreation and leisure services shall be
furnished to this property as is furnished throughout the City
(3) Existing parks, playgrounds, swimming pools and other recreation and lei-
sure facilities within this property shall, upon deeding to and acceptance by
the City, be maintained and operated by the City of Fort Worth; but not other-
wise
Exhibit X Page 3
F Solid Waste Collection
(1) Solid waste collection shall be provided to the property in accordance with
existing City policies, beginning with the effective date of the annexation or-
dinance. Residents of this property utilizing private collection services at the
time of annexation shall continue to do so until notified by the Director of
Transportation and Public Works
(2) As development and construction commence within this property, and popula-
tion density increases to the proper level, solid waste collection shall be pro-
vided to this property in accordance with then current policies of the City as
to frequency, charges and so forth
G Street, Storm Drainage and Street Liahts
(1) The City of Fort Worth's existing ~iolicies with regard to street mainten-
ance, applicable throughout the entire City, shall apply to this property begin-
ning with the effective date of the annexation ordinance The City will maintain
improved roadway sections dedicated to the public consistent with maintenance
performed on other roadways of similar construction and classification within
the City of Fort Worth
(2) As development, improvement or construction of streets to City standards
commences within this property, the policies of the City of Fort Worth with
regard to participation in the costs thereof, acceptance upon completion, and
maintenance after completion, shall apply.
(3) The same level of maintenance shall be provided to streets within this pro-
perty which have been accepted by the City of Fort Worth as is provided to City
streets throughout the City
(4) The City will maintain storm drainage facilities, within a drainage ease-
ment when constructed, to current City of Fort Worth standards applicable
throughout the City As development, improvement or construction of storm drain-
age facilities to City standards commences within this property, the policies of
the City of Fort Worth with regard to participation in the costs thereof,
acceptance upon completion, and maintenance after completion, shall apply °
(5) Street lights installed on improved public streets shall be maintained by
the City of Fort Worth in accordance with current City policies Other street
lighting shall not be maintained by the City of Fort Worth
H Water Services
(1) Connection to existing City water mains for domestic water service to serve
residential, commercial, and industrial use within this property will be provid-
ed in accordance with existing City ordinances and policies [lpon connection to
existing mains, water will be provided at rates established by City ordinances
for such service at the normal rates charged throughout the City
Exhibit X Page 4
(2) As development and construction of subdivisions commence within this pro-
perty, water mains of the City will ~ extended by the property owner in accord-
ance with provisions of the Subdivision Ordinance and other applicable policies,
ordinances, and regulations. City participation in the costs of these extensions
shall be in accordance with applicable City policies, ordinances, and regula-
tions Such extensions will corr~rience caithin two and one-half (2-1/2) years from
the effective date of the annexation ordinance, and/or upon commencement of
development of a subdivision within this property, whichever occurs later
I. Sanitary Sewer Services,
(1) Connections to existing City sanitary sewer mains for sanitary sewage ser-
vice in this area will be provided in accordance with existing City ordinances
and policies Upon connection, to existing sanitary sewer mains, sanitary sewage
service will be provided at rates established by City ordinances for such ser-
vice at the normal rates charged throughout the City.
(2) As development and construction of subdivisions commence within this pro-
perty, sanitary sewer mains of the City will be extended by the property owners
in accordance with provisions of the Subdivision Ordinance and other applicable
policies, ordinances, and regulations. City participation in the costs of these
extensions shall be in accordance with applicable City policies, ordinances, and
regulations Such extensions will commence within two and one-half (2-1/2) years
from the effective date of the annexation ordinance, and/or upon commencement of
development of a subdivision within the property, whichever occurs later
J Miscellaneous
(1) Any facility or building located
the City of Fart Worth to provide sere
City commencing upon the date of use
ordinance, whichever occurs later
within the annexed area and acquired by
ce to the area will be maintained by the
or the effective date of the annexation
(2) General municipal administration and administrative service of the City
shall be available to the annexed area beginning with the effective date of the
annexation ordinance.
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MA[ER AOMIN
oEVeLOFMen~
PI.ANNINt+• 1
DATE REFERENCE SUBJECT ANNEXATION OF PARK 35 COMMERCE PAGE
~ NUMBER CENTER INTO THE CITY OF FORT WORTH 1
12-19-89
**G-8364 1 of~-
RECOMMENDATION
It is recommended that the City Council approve the attached Annexation
Timetable in order to annex th e subject property in compliance with the
requirements of Section 43.052 of the Local Government Code of the State of
Texas.
DISCUSSION.
David Farrington, of Farrington Engineering Corporation, acting on behalf of
the developer, Lone Star Industri es Inc., has requested annexation of this
land into the corporate limits of the City of Fort Worth. The total area
being considered for annexation is 67.543 acres. All of the property is
currently in the exclusive ETJ of the City of Fort Worth, and is contiguous
to the City of Fort Worth. There are no current residents in the area. No
common boundary adjustments with other cities will be required for
annexation.
The Development Review Committ ee recommended approval of the annexation on
November 22, 1989. The City Pl an Commission recommended approval of the
annexation on November 29, 1989.
LOCATION
The site is located at the Northeast corner of I-35W (North) and
Elizabethtown Cemetery Road (Co. Rd.# 4042). If annexed, it would become a
part of City Council District 2.
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APPROV>~~ ~Y
CITY COUNCIL
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SUBMITTED FOR IHt
CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY
OFFICE BY Wi 11 i am Wood ^ APPROVED
ORIGINATING C OTHER (DESCRIBE)
DEPARTMENTHEAD• J. Bilardi CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT Brooks 8116
DATE