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Home My WebLink AboutOrdinance 10472:Y' i. n , .,_ ORDINANCE NO.. f~ ~~~" AN ORDINANCE DISANNEXING AND DISCONTINUING TERRITORY FROM WITHIN THE CORPORATE LIMITS OF THE CITY OF FORT WORTH, TE~{AS; PROVIDING THAT TINS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN COI~ZICT HEREHiITH; PROVIDING THAT THIS ORDINANCE SHALL BE CCA~lULFiTIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFZICT; PROVIDING FOR SEVII2ABILITY RND NAMING AN EFFECTIVE DATE. BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the hereinafter 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 Fort Worth, Texas, said territory being described as follows: Being a portion of the J. Wilcox Survey No. 47, Abstract No. 1721, of Tarrant County, Texas and being more particularly described as follows: BEGINNING at the West right-of-way line of Eagle Mountain Circle and the North line of the J. Wilcox Survey No 47, Abstract No. 1721; THENCE East along the North line of the J. Wilcox Survey No. 47, Abstract No. 1721, 451 feet to the Northeast corner of said survey; THENCE South 1 Degree 03 Minutes West, 1208 feet to a point for corner in the South right-of-way line of Ten Mile-Azle Road; THENCE West, along the South right-of-way line of Ten Mile-Azle Road to the West right-of-way line of the easternmost access road for Eagle Mountain Circle; THENCE Northwesterly, along the West right-of-way line of the easternmost access road for Eagle Mountain Circle to the West right-of-way line of Eagle Mountain Circle; THENCE North, along the West right-of-way line of Eagle Mountain Circle to the place of BEGII~iNING and containing approximately 12.5 acres, more or less. ~~ ~ _ ~ ~; ~~ . ,~- .:; .. _ 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. SECTIOIJ 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. T °~ ~ ~ ~ ~ _~ 4 ` SEGTIUN 5. t That this ordinance shall be in full force and effect from and after the date of its passage by the City Council, and it i_s so ordained. APPROVED AS TO ~10RM AND LEGALITY: Wade Adkins, City Attorney DATE r`~-~~-~`~ ADOPTED: EFF'F~TIVE: ~a ~~ 9 ~ 9 5-38 A' m iii ~u YA: e ~lG7;iAlSS::AC~ ra 6 a.asa u ra aAf ~/~ ~ IILi. E.ne AC a.d AC ! ~ ra ~ ~ ra as r, ~, a'W ~ 77 AC ra as7 ma u s . ra eAA ra aASA ra avs s.asa Ac .aria ra ec s.aae u aFa ra ~ ra ms a E TR ar• .aoa aPf f i aASa f,s .af6 AC sIIS TR .>62 ra aea s.Ee ~ u ra eea !a7 u ~ f aaaAf .a7 Ac TR Y2 ra ear TR msa .7 AC f.aaa AC 2.as AC ra ea TR TR lafoA sa u ~ s.fa7 ac ra easa ~ ra s~ TR aefzA ea u s TR aEf s.a u so . .aae AC ra Ma ra rn eseA f .707 AC ~ ?e _ _ COIM'Y c ze ~ as ~ ra aaa ,a Ac ra aA~ ~_ ~ .~. ra EIl1R ~~~ .p AC ,76 AC ' ~ '~ ra aAal TR aA7 TR aAao TR sA x.as ~/ L`b/` >sa ra aAS+ . ' m aASI ~ . a ~.._., ;.~, '!~~I~~ . ~ ' ra Ei 1n Tit 5 . . ~!! .. ;~,.r .M AC y 2.ao ' Da ~ % ~ ;:- ; 'M ~ .;, . ~ - TA 4aAA I.na AC aAaa ,e u •afa ra aAaa TR.aB I.C .6 AL TR aAae ` ~ ; .sf u ra aAaF ra a+>Yz .of u ra ., ' .. : . .e u s.oa . '' . ;. ,... .. '~ a aAaE . , . . ,.: . _ . :. '~ ; R aAaA 6 u R Wr ... s~ .. ;'. f S AC TR aA,1C .~ AC ~ TSRa~ ra f~ .:: > . ... :,,.: .. ,:. ;.: :: ,,.~y'~ ............. ~: iii ' : ~.. ... ..' ..iii.. y~/ ~. •i~1~L ~:7R:IF:: ::.~1ZS. :.: ....: ::: ::: .; r ~: .: i167i3ti~:1iE% SCALE 1 = 400 CORPORATE BOUNDARY CHANGE -- CITY OF FORT WORTH PROJECT EAGLE MOUNTAIN CIRCLE AREA FILE NO A-89-10 AREA O F F O R T W O R T H PUBLIC HEARING DATE PREVIOUS TOTAL CITY LIMIT AREA ' SQ ~1I ORD. N 0. TOTAL T!!IS ORDINANCE ANfVEX SQ P1I DEA"dNEX 1ST READIfJG DATE ~~JEI; TOTAL CITY LII~~IIT AREA SQ P1I FINAL READING DATE r .. ~; ATTACHMENT "A" NAMES OF PETITIONERS 1. Robert Eugene Bradberry 2. Peggy Lawler Matthews 3. Robert Lee Patthews 4. John Darrell Chailer 5. Wilma Stephens Chailer 6. JackTyne Painter Spitzer 7. David Harold Tackel 8. Lela Brimmage Chappell 9. Joseph Scott Spitzer 10. Lisa Renae Jones 11. Marie Marsden Jones 12. Carol t4cClendon Tackel 13. Juanita Hemphill Smith 14. Michaella Thorpe Bradberry 15. Chester Joel Smith ATTACHMENT "B" REGISTERED VOTERS IN PRECINCT 4373 IN THE 7800 AND 7900 BLOCKS OF EAGLE MOUNTAIN CIRCLE 1. Michaella Thorpe Bradberry 2. Robert Eugene Bradberry 3. John Darrell Chailer 4. Wilma Stephens Chailer 5. Lela Brimmage Chappell 6. Lisa Renae Jones 7. ~larie Marsden Jones 8. Robert F. Jones (Deceased 12-10-88) 9. Peggy Lawler Matthews 10. Robert Lee Patthews 11. Christi Lynn Mills 12. Margaret Sherrill Quick 13. Fredrick Lee Rynearson 14. Chester Joel Smith 15. Juanita Hemphill Smith 16. Jacklyne Painter Spitzer 17. Joseph Scott Spitzer 18. Carol McClendon Tack el 19. David Harold Tackel 20. Rebeckah Lynn Taylor ATTACHMENT "C" REGISTERED UOTERS WHO SIGNED PETITION 1. Robert Eugene Bradberry 2. Peggy Lawler P1atthews 3. Robert Lee Platthews 4. John Darrell Chailer 5. Wilma Stephens Chailer 6. Jacklyne Painter Spitzer 7. David Harold Tackel 8. Lela Brimmage Chappell 9. Joseph Scott Spitzer 10. Lisa Renae Jones 11. Marie Marsden Jones 12. Carol McClendon Tackel 13. Juanita Hemphill Smith 14. Michaella Thorpe Bradberry 15. Chester Joel Smith {, ATTACHMENT "D" REGISTERED VOTERS WHO DID NOT SIGN PETITION Robert F. Jones ~- deceased 12/10/88, notarized affidavit of fact submitted Christi Lynn Mills - certified correspondence from this office not returned Margaret Sherrill Quick Fredrick Lee Rynearson - certified correspondence returned to this office marked "moved left no address unable to forward" Rebeckah Lynn Taylor - certified correspondence from this office not .returned City Plan Oaamission--11/29/89 Dew+elopmar~t Review Cacm~ittee--11/22/89 Staff Information Report A-84-10 DISAr1+1E~CFaIC7~1: EAGLE MCIII~AIN CIRGi.E ARFA (ADnroat. 12.5 Acres) Northeast corner of Ten Mile-Azle Road (Co.Rd.# 4030) and Fagle l~untain Circle The Fort Worth City Secretary has received a petition from Ms. Carol Taakel, requesting that a residential area frontingr on .Eagle Mountain Circle be disannexed from the corporate limits of the City of Fort Worth. The total area being considered for disannexation is approximately 12.5 acres and was annexed on December I7, 1924 by C)rdinance No. 1034. There are approximately 16 registered voters in the area. F~istina Land Use and Physical Characteristics The property proposed for disannexation is located at the northeast corner of Ten Mile-Azle Road (Co Rd.# 4030) and Eagle Mountain Circle. The site includes single family houses Surrounding land uses include: residential and undeveloped land to the north, east and west and the Fort Worth Nature Center to the south. Access Access to the site is provided by Ten Mile-Azle Road and Eagle Mountain Circle. The Master Thoroughfare Plan depicts Ten Mile-Azle Road as a 6-lane divided principal arterial (120'rightrof-way). Platting and Zoning The site and land to the east and south is zoned "A" One Family Residential. District Plan The North/Northwest Fort Worth District Plan approved by the City Plan Commission on September 27, 1989, depicts low density residential for this site. The District "E" Plan, adopted in 1972, however, recoamnends parks and drainageways for the subject site. Planning Department Planning staff is opposed to the requested disannexation Staff reccxr~rsends annexing the surrounding area to maximize delivery of services to this area. Park and Recreation Department Disannexation would create no problems for the Park and Recreation Department. No facilities are currently being provided within the area proposed to be disannexed Water Department The Water Department has no objections to the disannes~tion of the subject 12.5 acres. The Water Department has no existing water or sanitary sewex within, or in the vicinity of the site The nearest City of Fort Worth facilities are 3 1!2 City Plan Commission--li/29/89 De~velvpment Revie~.l Committee-11/22/89 Staff Information Report A-89-10--Page 2 miles to the east in Eoat Club Road In addition, there are no C.I.P projects planned for the immediate future that would bring water or sanitary sewer to the site The Current water service for the site is provided by Central Texas Utilities, Inc (a private water supply ooir~any), which appears to hold a~Certificate of Convenience and Necessity for water service to the subject property. Under state statutes, the Fort Worth Water Department could not provide service to the area even if facilities were available. The site uses individual lot disposal systems (septic tanks) for sewer service, isee Health Department Co~rments also) Transportation and Public Works Department Report received with no comments Fire Department The Northeast corner of Ten Mile-Azle Road and Eagle Mountain Circle does receive Fire Department protection and emergency medical service from Fort Worth Currently, response into the area is provided by Fire Station No 13, located at 5333 Lea Crest Lane. Police Department The area in question is in the northwest area of the City and is nearest to Police Reporting Area (PRA) 5150. The disannexation of the 12.5 acres of the area kncxm as Eagle Mountain Circle from the corporate limits of the City of Fort Worth would have no effect on police operations. Health Department The Health Department has reviewed the subject request If this residential area fronting on Eagie Mountain Circle is disannexed, the Environmental Health Services Division is not aware of any adverse environmental problems associated with this area In 1986 this Division provided notable service to this area in the form of a septic system inspection., The location of this inspection was at 7960 Eagle Mountain Circle which is tract 4A06H Jacob Wilcox Survey #47 Abstract 1721, tree Water Department com;r~ents alsot. The Health Department has no objections to the requested disannexation City Services Department Report was not zeceived by the deadline Department of Law The Department of Law has reviewed the proposed disannexation and has no objections to sane City Plan Commission--11/29/89 Development Review CXxrmittee--11122/89 Staff Information Report A-89-10--Pa~+e 3 DEVQAPMENT REVIEW CC~lMITTEE REPORT - 11/22/89 Ms Carol Tackel, representing the hoa~ieowners fronting on Fagle Mountain Circle that made this disannexation request, appeared before the Development Review Committee Ms Carol Tackel answered all of the questions from the Cannittee. The Development Review Committee recommended APPROVAL of this request DDCISION OF CITY PLAN COMMISSION - 11/29/89 Ms Carol Tackel, representing the homeowners fronting on F~gle Mountain Circle that made this disannexation request, appeared before the City Pian Commission. Ms Carol Tackel answered all of the questions from the Commission. The City Plan Commission voted to APPROVE disannexation of this area w..~~ ~ ~it~ of ' 1F®a°t ~®rth, ~C~~~~ ~ca~oa° a~ad ~oun~il ~o~a.~a.un~~at~~n DATE REFERENCE SUBJECT REPORT ON PETITION FOR 0 N- PAGE NUMBER NEXATION OF 7800 AND 7900 BLOCKS OF 4 12/12/89 OCS-51 EAGLE MOUNTAIN CIRCLE for OPTIONS OF THE CITY COUNCIL. 1. Take no action at all on the petition, in which event one or more of the signers of the petition may bring a lawsuit against the City to request that the area be disannexed, or 2. The City Council may make a determination as to the sufficiency or insufficiency of the petition. (a) If the City Council finds that the petition is insufficient, the City Council should deny the petition on the grounds of insufficiency. (b) If the City Council finds that the petition is sufficient, then the City Council may adopt an ordinance disannexing the subject property. (c) If the City Council finds that the petition is sufficient, but the City Council desires not to disannex the property, then it may vote to deny the petition. 3. If the City Council desires to consider the sufficiency of the petition and desires to disannex the property, then it should instruct the City staff to prepare an ordinance and a Mayor and Council Communication for consideration at the City Council meeting of December,~T. BACKGROUND INFORMATION AND FINDINGS. l9 On November 7, 1989, a petition was presented to this office for the disannexation of the 7800 and 7900 Blocks of Eagle Mountain Circle. This property was annexed as the result of a Charter Amendment held on December 11, 1924, and is located north of Ten Mile Bridge Road and west and north of the Fort Worth Nature Center and is a part of District 7. The petition (Attachment A) alleges that the City of Fort Worth has failed to provide services as provided under Section 43.141 of the Local Government Code. ITEMS TO 8E VERIFIED The Texas Local Government Code prescribes that petitions for disannexation for failure to provide services can be made by a majority of the qualified voters of the annexed area and must (1) be written, (2) request the disannexation, (3) be signed in ink or indelible pencil by the appropriate voters, (4) be signed by each voter as that person's name appears on the most recent official list of registered voters, + ~, ~~ .` .a YDA7E REFERENCE SUBJECT REPORT ON PETITION FOR DISAN- PACE NUMBER NEXATION OF 7800 AND 7900 BLOCKS OF I 2 4 t2/12L8~__ OCS-51 EAGLE MOUNTAIN CIRCLE I °' (5) contain a note made by each voter stating the person's residence address, precinct number, and voter registration nu-nber that appears on the person's voter registration certificate, (6) describe the area to be disannexed and have a plat or other likeness of the area attached, (7) be presented to the secretary of the municipality, (8) notice of the petition must be given by posting a copy of the petition for 10 days in three public places in the annexed area, and (9) a copy of the petition must be published once in a newspaper of general circulation serving the area before the 15th day before the day the petition is first circulated and proof of the posting and publication must be made by attaching the follo-~uing to the petition presented to the City Secretary (a) the sworn affidavit of any voter who signed the petition, stating the places and dates of the posting, and, (b) the sworn affidavit of the publisher of the newspaper in which the notice was published, stating the name of the newspaper and the issue and date of publication. FINDINGS The findings of the City Secretary regarding the petition for disannexation presented on November 7, 1989, are as follows. 1. The petition contains 15 signatures (Attachment A) 2. There are 20 registered voters in the 7800 and 7900 Blocks of Eagle Mountain Circle (Attachment B) 3. 15 registered voters signed the petition (Attachment C) 4. 5 registered voters did not sign the petition (Attachment D) (one registered voter is deceased (notarized statement of fact furnished)), one registered voter allegedly has not lived in Precinct 4373 for eight years and his voter's registration was cancelled on November 11, 1989, five days after the petition was submitted, and certified correspondence to him at this address was returned to this office, two registered voters are either students living away from the their family-owned residences in the precinct or recently moved from the precinct to an out-of-the-city location, and one registered voter lives in the precinct and did not sign the petition) 5. All signed names on the petition are as they appear on the most recent list of registered voters 6. All addresses on the petition are as they appear on the list of registered voters 7. The petition requests disannexation 8. The petition is in writing 9. The petition was signed in ink by the appropriate voters 10. The petition contains the person's precinct number and voter registration number 11. The petition describes the area to be disannexed and has a plat of the area i2. The petition eras presented to the secretary of the municipality w d ~ ' .i ~ ~ r i :~r_- a GATE .. REFERENCE SUBJECT REPORT ON PE - ITIUN F R PACE ~; ~ ~ NUfiABER NEXATION OF 7800 AND 7900 BLOCKS OF I 3 4 12 12 89 OCS-51 EAGLE MOUNTAIN CIRCLE ~ ~+ 13. The petition contains a certified affidavit of the publication of the petition on September 13, 1989, which was more than 15 days before the date the petition was first circulated 14. The petition contains a notarized statement of the posting of the petition for 18 days in three public places in the annexed area. HISTORY OF ANNEXATION Until 1959, the city limits were described by metes and bounds in the Charter and amending the City Charter was the method by which land was annexed. The land requested for disannexation was added to the City of Fort Worth upon the adoption of a new charter in 1924. Ordinance No. 1034 was adopted on November 4, 1924, calling a Charter Amendment election for December 11, 1924. Included in the Charter Amendments were the annexations of the area being requested for disannexation, the Centennial grounds and adjacent area, a sewage disposal plant area (East Fort Worth), and parts of Meadowbrook, the Monticello area, Fostepco Heights, Worth Heights, Cobb Park, the North Jarvis Heights area, Rivercrest, land between Hemphill and Jennings, and a municipal golf course (Worth Hills). This was the same Charter Amendment election which changed the City of Fort 6Jorth's form of government from a Commission form to the present-day City Council-City Manager form of government. "History of Annexation" maps dating back to 1966 on file in the Office of the City Secretary clearly define the area being requested for disannexation as an area within the corporate boundaries of the City of Fort Worth. The petitioners assert they were unaware of the inclusion of this land within the corporate boundaries of the City of Fort Worth until 1988 when they received their first tax bill. TAXES Tax histories on properties within Fort Worth are retained for no more than 10 years. There is no evidence that taxes were levied on properties in the 7800 and 7900 blocks of Eagle Mountain Circle until 1988. The 1989 taxes and valuations are as follows Address Eagle Mountain Circle Valuation City Taxes 7870 $ 65,922 $ 114..52 7880 56,725 407.97 7890 59,444 427.53 7900 61,517 553.04 7910 64,148 576.69 7920 66,829 480.64 7930 71,435 642.20 7940 59,178 425.61 7950 7,500 67.43 7960 77,775 559.36 7990 (partial/vacant) 7,500 67.43 $597,973 X4,322.42 ~ X!d w ^~. 'M i„ 7 rDATE` REFERENCE SUBJECT R,FPORT ON PETITION FOR DISAN- PACE " NUMBER NEXATION OF 7800 AND 7900 BLOCKS OF 4 4 EAGLE MOUNTAIN CIRCLE °f REPORT OF DEVELOPMENT DEPARTMENT The staff report of the Development Department is attached. CONCLUSION As City Secretary of the City of Fort Worth, I certify that a majority of the registered voters of the 7800 and 7900 Blocks of Eagle Mountain Circle signed the petition for disannexation and that all technical aspects of the petition for disannexation of the 7800 and 7900 Blocks of Eagle Mountain Circle are in compliance with Section 43.141 of the Local Government Code. As City Secretary, I am not in a position to determine whether or not the City of Fort Worth has failed or refuses to provide services to the area described in the petition for disannexation. *Approved Recommendation No. 3. under Options Of The City Council APPROVED D~' CITY COUNCI~s DEC p2 1985 City Seccstary of the Cite of Fart Worth, Texas SUBMfTTED FOR THE I Cr>Y SECRETARY'S Ruth Howard DlSPO ON BY COUNCI-. PROCESSED BY OFFICE BY• ~ APP VED t ORIGINATING ;,_ OTHER (DESCRIBE) I DEPARTMENT HEAD: Ruth HOWa rd i CrrY SECRETARY !FOR ADDITIONAL INFORMATION ~coNTacT Ruth Howard I ~ DAT't