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HomeMy WebLinkAboutOrdinance 10488 ,. #. ORDINANCE 1~. ._.~~ AN ORDINANCE DECLARING CEE~TAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN l~OUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FnR THE A~INEXA.TION OF A CERTAIN 1.055 ACRES (0.0016 SQUARE MILES) OF LAND, MORE OR LESS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FCaRT ~RTH, TEXAS; PROVIDING THAT THE TERRITORY ANNE~OrD 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 RVERY PRIOR ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE C[A~]ULA'TIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT INFLICT; PROVIDING FOR SEVERABILITY Alm NAMING AN EFFECTIVE DATE. WHEFtE'.AS, a public hearing before the City Council of the City of Fart 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, on the 5th day of December, 1989, which date 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 ~ 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 19th day of Deceirfk~er, 1989, which date was not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and WHEk'2EAS, 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 November, 1989, which date was not more than twenty (20) days nor less than ten (10) days prior to the 1 date of said such public hearing; and W'H~EAS, 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 6th day of December, 1989, which date was not more than twenty t20) days nor less than ten (10~ days prior to the date of said public hearing; and t~ prior to the publication of the notices of public hearings, a Service Plan providing for the extension of municipal services into the herein- after described territory was prepared for inspection by and explanation to the inhabitants of the area to be annexed; and WH~'E2EAS, the population of the City of Fort Worth, Texas is in excess of 100,000 inhabitants; and WHF.EtEAS, the hereinafter described territory lies within the exclusive extraterritorial jurisdiction of the City of Fort Worth, Texas; and WHEREAS, the hereinafter described territory lies adjacent to and adjoins the City of Fort Worth, Texas; and W'HERFAS, the hereinafter described territory contains 1 055 acres (0 0016 square miles) of land, ire or less; NdW, TEiERF.FgDRE, BE IT ORDAINED 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 be included within the boundary limits of the City of Fort Worth, Texas, and the present corporate boundary limits of said City, at the various 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: Befng 1.055 acres of land located in the Thomas Walden Survey, .Abstract No. 1921, Tarrant County, Texas, being a portion of the tract of land conveyed to Curtis Tally, Richard Tally and Nancy Reynolds by the deed reo~orded in Volume 3849, Page 322 of the Deed Records of Tarrant County, Texas. Said 1.055 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod at the intersection of the South rightrof-way line of Keller-Haslet Road (Farm-to-Market 4042) with the East right-of-w~y line of Interstate Highway No. 35-W; THEIJCE S 89° 50' 23" E, 200.06 feet along the South right-of-way line of said Keller-Haslet Road to a 5/8" iron rod; THENCE S 00° 03' 42" W, 180 94 feet departing said South rightrof-way line to a 5/8" iron rod; THENCE N 84° 50' 52" W, 305.04 feet generally following a fence to a 5/8'° iron rod in the East rightrof-way line of aforesaid Interstate Highway No 35-W; THENCE along the East right-of-way line of said Interstate Highway No. 35-W as follows: 1 N 10° 38' 07" E, 81.88 feet to a Texas Highway Department Monument; 2. N 50° 20' 50" E, 115 38 feet to the PLACE OF BEGINNING containing 1.055 acres of land. SECTION 2. That the above 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 entity. to all of the rights and privileges of all 3 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 SECTION 4 That attached hereto, marked E~chibit "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 Y.ocal 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 'i"hat 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 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 would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional phrase, clause, sentence, paragraph or section. SECTIQN 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 4 XXVII of the Charter of the City of Fort Ydorth, Texas, and it is so ordained APPROVED AS TO FORM Ake LEGALITY: r ~4-sir: ~rWade Adkins, City Attorney t DATE: 2 - ~~- q~ ADc~PTED. ~ ( O EFFECTIVE: 5 .yf~:'•:,r'.?r,Cl'.',~,':y~N';';~;;~; ,~9• ;.~~'.',~:w' i'.•'i . !<•.` :r {+~`°.'.'•~5i; ,~S,:: : fit:. •.j.. ...~.•........... .:'ar ,$~ •,. ~.: ~~ t. it •~! • ~ ~ ;~: '' ~~' ..,<,: ,y. :~i ~/,, ::~i,,6,.:~: is fi . • , $/~ ~ 'SA ut rTi :y~ '~ ~+~ ..y;s~. :Sf :+ : '~'• '~..':~ii2} :fir >. ;4 '"i1.t{ ~:x. ,,f`' a9~ .Y• :r.• ~::~:•.:: .u• "r;•: ,. 'N' {Y:•:F' 20 r • t~•. :. v fr .. ,•,,•: S: r: ~;: t?~,. :{C:^~4i :~4. r .;~. ty ' ; ` a.. 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SCALE 1" = 400' ~~ ~~ ;~....`~~:>,},:k. :: ' :~ ~ t EXHIBIT A ., .~:. ;~ :tr.f:r. •` .~.,: CORPORATE BOUNDARY CHANGE ~- CiTY OE FORT I~IORTH PROJECT ANNEXATION TALLY ADD~Ti•ON (1.055 acres) FILE NO A-gg-g AREA O F FORT IN O R T N PUBLIC HEARIPJG DATE PREVIOUS TOTAL CITY LIMIT AREA ~~ SQ P1I ®R ®. N ®. ANNEX TOTAL Tk~IS ORDINANCE SQ P1I DEANNEX 1ST READIfJG DATE NE;~1 TOTAL CITY LII~•1IT AREA SQ P1I FINAL READING DATE ~..~. F.~tHIBIT X CITY OF FORT ~30RTH, T SERVICE PLAN FOR ANNF~ AREA Name and Acreage Annexed: Tally Addition 1.055 Acres Location: Southeast corner of I-35W (North) & Keller-~iaslet Road (Co.Rd.# A042) County: Tarrant ~dunicipal Services to the acreage described above shall be furnished by or on behalf of the City of Fort North, 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 coar~nce 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 f2-112) years from the date of adoption of the annexation ordinance, or upon r„om¢nencement 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, Iand utilization, and population density of the area, as determined by the City Council, within two and one-half (2-112) years from the date of adoption of the annexation ordinance, or upon commence- ment of development within this area, whichever occurs later (3) Upon ultimate 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 Co_de_Er~forcement Services (].) 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. E~.isting personnel will be used to provide these services t3) The City's zoning, subdivision, sign, mobile home, junk. yard and other or- dinances shall be enforced in this aria 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. Planning and Zanina 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 t1) 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, ~ 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 tame 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 Lights (1) The City of Fort Worth's existing policies 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 orclinance. 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 cvarrent 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. Upon 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 be 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 commence within two and one-half (2-1/2) years from the effective date of the annexation ordinance, and/or upon ccMnriencement 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 i.n 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 comr~encement of development of a subdivision within the property, whichever occurs later. J. Miscellaneous (1) Any facility or building located within the annexed area and acquired by the City of Fort Worth to provide service to the area will be maintained by the City commencing upon the date of use or the effective date of the annexation ordinance, whichever occurs later. (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. "' ~ / -- MASTER FILE/' Jr ~~AG'~OUNT Na 2 rRANSPORjATION~PUBW t,~j'.arn ~®~ ~~~ ~®~~~~~ ~®~~~~~~~~~®~ HATER ADMINIS7RATIJN • 1 ~~((f~/~ I`t •FL~PM t SATE REFERENCE SUBJECT GREEN OAKS BOULEVARD/COOKS PAGE _~ NUMBER LANE INTERCHANGE DESIGN SERVICES WITH 2 11-2 i- 89 _ **G- 8322 SCHRICKEL, ROLLINS AND ASSOCIATES, INC. 1 °' RECOMMENDATION: It is recommended that the City Council authorize the City Manager to. 1. _ r.eimbur-se the City of Arlington an amount not to exceed $18,000 for additiAnal design services required for the Green Oaks Boulevard/Cooks Lane interchange. 2. approve the following bond fund transfer. FROM TO AMOUNT REASON 90-095701-00 90-136117-00 $18,000.00 To fund the estimated City's Share of Green Oaks cost of design services Design Engineer Boulevard for the Green Oaks New Development Interchange Boulevard/Cooks Lane Interchange. BACKGROUND: On May 5, 1988 (M&C C-10955), the City Council approved an agreement with the City of Arlington which included provisions for cost sharing of the design and construction of the Green Oaks Boulevard/Cooks Lane interchange. The agreement requires that Arlington will be responsible for 70% of the design and construction of the interchange and Fort Worth will be responsible for the remaining 30%. A concept of the interchange was described in the agreement which called for the interchange to be a braided "Y" intersection with grade separations. Arlington's consultant engineer, Schrickel, Rollins and Associates, Inc., has completed a preliminary geometric plan on the interchange which was submitted to Fort Worth staff for review. Staff has reviewed that plan and have significant..concerns `about how the proposed plan would best serve future traffic needs in the City of Fort Worth. Staff recommends that Schrickel, Rollins and Associates, Inc. examine alternative solutions•whic'h will properly address the concerns of the City of Fort Worth. Staff feels that since these design services have been requested by the City of Fort Worth, that they should be paid for by the City of Fort Worth. °~`' f Payment will be made to the City of Arlington in accordance wi~h~~~~~~~nt~-~~c~t~~ approved by M&C C-10955. FINANCING. ~I~ ~~~~'~~~~~ FT.~~s ~' Sufficient funds are available for transfer from New Devel mesa n,d 9.0•, Project No. 095701-0.0, City's Share of Design Engineer in New Development Unspecified. Upon approval and completion of Recommendation No. 2, sufficient e., ;D'ATE ! RE~FERENGE ' sue~ECT GR,EE'N OAKS BO'OLiEVARD/C'OOKS Ni~MB'ER LANE INT~ERCf~ANGE D'ESI~GN SERVICES WITH i ~ _~~ _:Rq `, **~r- f33.2;2 :S'CW'RICKEL_ R~OLLI'NS ANDASSOCIATES. INC.' .~ .. . _`~ -.~.,~ PAGE+n~ _ of .G i:, t, T. ,. ~ << ;; s~ w;, fumds ~wi l l 'be avaa l ab1'e in New Development Fund 90, 'Project No. 136117-'0'O, Green Oaks ~Bouleva~rd Inte~r'c~hang'e. Expenditures ~w 11 be 'made from ind~eac Code 62137'5. I)Ai•J BY CIT1(_ COUNC{~. ~~v ~~ 1989 ~ i City sscie;~ of the City of Fazt ~J'cxtb, TexCpr IdTTED 'fOR THE MANAGER'S :E 'BY o~,~d DIS'POS'ITION EY COUNC'IL. ;^ APPROVE'D ^ OTH'ER (DESCR'I8E9 PROCESSED 'BY TM EN T '?4'EA'D • ~G ~a r `~ ;a In t e r 'r ~e ~ C'1TY SEC~RE7A+RY ' ITIONAL INfOR'MATdON i T T r 1 ~C e 7 9'S 9 ~ ~DAT~E