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HomeMy WebLinkAboutOrdinance 10236ORDINANCE NO /O c2 3 AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR THE ANNNEXATION OF A CERTAIN 183 04 ACRES (0 286 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 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. WHEREAS, a 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, on the 8th day of December, 1988, 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 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 20th day of December, 1988, which date was not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and ° Wes, 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 23rd day of November, 1988, 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 r^ 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 9th day of December, 1988, which date was not more than twenty (20) days nor less than ten (10) days prior to the date of said public hearing; and WHEREAS, prior to the publication of the notices of public hearings, a Service Plan providing for the extension of municipal services into the here- inafter described territory was prepared for inspection by and explanation to the inhabitants of the area to be annexed; and WHEREAS, 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 WHEREAS, the hereinafter described territory lies adjacent to and adjoins the City of Fort Worth, Texas; and WHEREAS, the hereinafter described territory contains 183 04 acres (0.286 square miles) of land, more or less; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT 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, K 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: Being a tract of land situated in the William McCowen Survey, Abstract Number 999, the J. M Goodwin Survey, Abstract Number 611, and the J Walker Survey, Abstract Number 1603, all of Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the centerline of Keller -Hicks Road (County Road No. 4033) with the westerly right -of -way line of Interstate 35 W; THENCE N 890 38' 39" W., along the centerline of said Keller -Hicks Road, 2812 45 feet to the westerly right -of -way line of Harmon Road (County Road No. 4105); THENCE S 000 17' 28" W, along the westerly right -of -way line of said Harmon Road 3219.60 feet; THENCE S 89° 36' 58" E, crossing said Harmon Road to the south right -of -way line of Golden Triangle Boulevard and continuing along the south right -of -way line of said Boulevard 2018 53 feet to the westerly right -of -way line of said Interstate 35 W; THENCE along the westerly right -of -way line of said Interstate 35 W as follows: N 010 12' 18" E, 132.99 feet; N 520 31' 33" E, 92 80 feet; N 14° 57' 28" E, 534.61 feet; N 180 32' 02" E, 400 73 feet; N 14° 57' 28" E, 1399.82 feet; N il° 22' 53" E, 400 73 feet; N 14° 57' 28" E, 301.21 feet; N 360 24' 28" W, 91.99 feet; N 14° 14' 00" E, 20 10 feet to the POINT OF BEGINNING, containing 183.04 acres of land, more or less. 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 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 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 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 4 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 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 )DMI of the Charter of the City of Fort Worth, Texas, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: A-"k� a4'D'-� Wade Adkins, City Attorney DATE: ADOPTED: NFk IVE: 5 EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name and Acreage Annexed Northpoint Addition, 183.04 Acres Location: Northwest of I -35 W and Golden Triangle Boulevard County: Tarrant 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 Emeraencv 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 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 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. Planning and Zoninct 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 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 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 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 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 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. "MAsrcR'FILq 1 t� City of Fort Worth, Texas TRANSPORTATIGNIPUBLIC W O a or f nr Council C®U n7n nicL t on N.orER AOMINISTRMOU d DEVELOPMENIb3 IAII REFERENCE SUBJECT ANNEXATION OF NORTHPOINT ADDI- NUMBER TION (183 04 ACRES) INTO THE CITY OF —11-22-88 _ G -7832_ FORT WORTH RECOMMENDATION It is recommended that the City Council approve the attached Annexation Timetable in order to annex the subject property in compliance with the requirements of Section 43 052 of the Local Government Code of the State of Texas DISCUSSION Thad Brundrett of Carter & Burgess, Inc , acting on behalf of the owner and developer, E- Systems, Inc Pool Trust, has requested annexation of said land into the corporate limits of the City of Fort Worth The subject property is within the exclusive extraterritorial jurisdiction (ETJ) of the City of Fort Worth No common boundary adjustments will be required for annexation The Development Review Committee recommended conditional approval of the annexation on October 20, 1988 The City Plan Commission recommended approval of annexation on October 26, 1988 The City Plan Commission continued discussion of the related concept plan (C -88 -2) for Northpoint Addition until the November 23, 1988 Development Review Committee meeting and the November 30, 1988 City Plan Commission meeting LOCATION The site is located west of I -35W and north of Golden Triangle Boulevard. If annexed, it would become a part of City Council District 2 DAI mm(-#3 SUBMIITEO FOR IHt CITY MANAGER. S OFFICE BY Davi.SJ 1Yory _ ORIGINATING DEPARTMENT HEAD J Bi lardi FOR ADDITIONAL INFORMATION CONTACT Brooks 8116 APPROVED BY CITY COUNCIL Nov 22 1988 City Secretary of tha City of Fort Worak Texas