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HomeMy WebLinkAboutOrdinance 10101~~ ~ s ~~~ ~- :. /) _ ORDINANCE N0. D v AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR THE ANNEXAiTION OF A CERTAIN 20.274 ACRES (0.031 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 EFFECTIUE DATE. WHEREAS, a publ i c hearing before the City Counci-1 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 24th day of March, 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 5th day of April, 1988, which date was not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings, anal ,f~ +~. WHEREAS, 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 12th day of March, 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 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 25th day of March, 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 hereinafter 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 terr itory contains 20.274 acres (0.031 square miles) of land, more or less; -2- ~- .~ r" NOW, THEREFORE, 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 i s i 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: 20..274 acres situated in the D.T. FINLEY SURVEY, Abstract No. 1901 and the G.N.& H. RR CO. SURVEY, Abstract No. 624, Tarrant County, Texas, and bE~ing more particularly described by metes and bounds as fol1ows° BEGINNING at the most easterl~r southeast corner of a tract of land conveyed to Monroe B. Veale by deed recorded in Volume 1279, Page 90, Tarrant Countty Deed Records, and the most southerly corner of a tract of land conveyed to Trinity Ranch Joint Venture by deed recorded in Volume 7887, Page 705, Tarrant County Deed Records, said point being in the northwesterly R.O.W. of tJ.S. Highway No. 377; -~3- ~~ 1 ,. THENCE N 00° 10' 37" E, along the common line of said Veale and Trinity Ranch tracts, 137.63 feet to a point in the existing City of Fort Worth city limits, said point being 50 feet south of the south line of the T. & N.O. RR CO SURVEY, Abstract No. 1565; THENCE S 89° 59' 51" E, along said City of Fort Worth city limits line and 50 feet sough of and parallel to said T.& N.O. RR CO SURVEY south linE~ 507.18 feet to a point in the southeasterly line of said U. S. Highway No. 377; THENCE along the southeasterly 1 ine of said Highway, as follows• S39°53' S 48° 07' S 48° 24' S 54° 07' S 48° 24` S 42° 41' i8" 18" 18" 18" 18" 18" W, W, W, W, w, W, 202.76 feet; 1688.73 feet; 734.59 feet, 201.00 feet; 600.00 feet, 47.82 feet; THENCE N 41° 29' 21" W, 252.66 feet to a point in the northwesterly line of said U. S. Highway No. 377; THENCE along the northwesterly line of said highway, as follows . N 48° 30' 39" E, 1777.04 feet; N 48° 02' 20" E, 1222.96 feet to the POINT ~OF BEGINNING and containing 20„274 acres (883,152 square feet) of 1 and. 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 -4- 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. SEC'T'ION 4. That attached hereto, rnarked 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 P:Lan having been prepared prior to publication of the notices o;f hearings prescribed under Section 43.056 of the Texas Local GovE~rnment Code, and having been made available at said hearings for inspection by and explanation to the inhabitants of the area tU be annexed. SEC~~['ION 5. That this ordinance shall and does amend every prior ordinance in conflict herewitYi, but as to all other ordinances or sections of ordinance; not in direct conflict, this ordinance shall be, and the s<une is hereby made cumulative. SECTION 6. That it is hereby decl~cred to '-~e the intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance a:re severable, and if any phrase, clause, sentence, paragraph ox' section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisd~Lction, such unconstitutionality shall not affect any of tYie remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since th e same would have been enacted by the City Council without the -5- ~~ ~~ incorporation in this ordinance of any unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. That thi s ordinance shal l be in ful l force and effect from and after the date of its passage on second reading as provided for in Section 35 of Chapter XXUII of the Charter of the City of Fort Worth, Texas, and it is so ordained. APPROVED AS TO FORM AND LEGALITY• ~i~ DEP,~Ty C ~Ty ~-ro~eN~-! Wade Adkins, City Attorney DATE: ~--~~-$~ ADOPTED EFFECTIVE: -6- 367. 27 Ems?;; r ~ /8'7. 63 SC~UTS~ uoG /2'~9 ~° 9D ~ /3'~ b~' ---i ._ ! ~:,~ ~ ~'iti'L ~ .~~ ..~'Grr~;%~ .~~ /2~ ~ 2b ,- ANNEXATION PENDING REFERENCE A-87-7 VEALE RANCN .C!'48°3'39" E /'x'77 °_4'' - t ': r~ ~ / . rZ ~ ~ 50' Gc.~i~ Srq~P tuir,~/ic/ e Irv of '°r ~~ r,~,/ G/Nits CITY OF BENBROOK, 8 5 5~ "E / 507 ~~' .4t%'; :~~~~ / h ~~~ ,cam rs /~ / '••. ~~- SCALE 1"= 500' CORPORATE BOUNpARY PROJECT T ,/{ 3 S/TE G!7'y ~r ~pRTJ~-/ ~~ re.9~c. PREPARED BY EKNIBIT"A" DEVELOPMENT DEPgRTMENT .ems CHANGE - CITY OF FORT WORTH AREA OF FORT PREVIOUS TOTAL CITY LI~1IT AREA TOTAL TITS ORDINANCE ANNEX DEA"JNEX rdE~! TOTAL CITY LIfgIT AREA FILE NO W O R T H PUBLIC HEARIrJG DATE sQ r1I ORO. N0. SQ P1I 1ST READIfdG DATE SQ P1I FINAL READING DATE .. S 9° 9' EXHIBIT X CITY OF FORT WORTH, TEXAS ~` ~~ ~ ~ SERVICE: PLAN FOR ANNEXED AREA Name and Acreage Annexed: D.T. Finley Survey, Abstract No. 1901 & G.H. & H. RR Co. Survey, Abstract No. 624, 20.274 Acres Location: Southwest of the City of Benbrook along U.S. HWY 377 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 accordance with the following schedule: A. Police Protection Service (1) Patrolling, responses to calls, and other routine police protection services, 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 p~~lice 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. Page 2. (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 availab:Le water and distances from existing fire stations, will be ~grovided to this area on the effective date of the annexation ordinances. (2) As development and construction of subdivisions commence within this ~~rea, 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 Cite Council, within two and one-half (2-1/2) years from the date of adoption of the annexation ordinance, or upon comn:iencement of development within this area, whichever occurs later. (3) Upon ultimatE~ development of the area, the same level of fire and emE~rgency ambulance services will be provided to this area as are furnished throughout the city. -2- ~~, ~ ~-~ Page 3. 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 ordinancesa, 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 ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area wi1:L 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 othE~r construction codes will be enforced within this area begin~ling 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 ordinances shall be enforced in this area beginning on the effective date of the annexation ordinance. (4) All inspection services f urnished by the City of Fort Worth, but no ment:loned above, will be provided to this -3- ~'°~~ ~ Page 4. area beginning on thf~ effective date of the annexation ordinance. (5) As developm~=nt and construction commence within this area, sufficient ~~ersonnel will be provided to furnish this area the same le~~el of environmental health and code enforcement services as are furnished throughout the City. D. Planning and Zoning 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 encompass this property, and it sha1;1 be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and General P].an. E. Recreation and Leis~ire Services (1) Residents of this property may utilize all existing recreational and leisure 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 location: 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. -4- ~: f'~ Page 5. The same level of recreation and leisure services shall be f urnished to this proL~erty as is furnished throughout the City.. (3) Existing parks, playgrounds, swimming pools and other recreation and leisure facilities within this property shall, upon deeding t;o and acceptance by the City, be maintained and operated. by the City of Fort Worth; but not otherwise. F. Solid Waste Collect:~on (1) Solid waste collection shall be provided to the property in accordance with existing City policies, beginning with the effective orate of the annexation ordinance. Residents of this property utilizing private collection services at the time of` annexation shall continue to do so until notified by the Lai rector of Transportation and Public Works. (2) As development and construction commence within this property, and population density increases to the proper level, solid waste co~~_lection shall be provided to this property in accordance ti±ith 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 maintenance, applicable throughout the -5- ~i~, Page 6. entire City, shall apply to this property beginning 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 a~zd 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 Cite of Fort Worth with regard to participation in the costs thereof, acceptance upon completion, and mainten~~nce after completion, shall apply. (3) The same level of maintenance shall be provided to streets within this property 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 easem~=nt when constructed, to current City of Fort Worth standards applicable throughout the City. As developmer.~t, improvement or construction of storm drainage facilitiE~s 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 -6- . ~~. ~ Page 7. 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 Ci~~y 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 provided in accordance with existin~~ 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. (2 ) As developmE~nt and construction of subdivis ians commence within this property, water mains of the City will be extended by the j,?roperty owner in accordance with provisions of the Subdivision Ordinance and other applicable policies, ordinances, arhd regulations. City participation in the costs of these extensions shall be in accordance with applicable City policie:~, ordinances, and regulations. Such extensions will commen~:e within two and one-half (2-1/2) -7- ~~~ Page 8. years from the effective date of the annexation ordinance, and/or upon commencE~ment of development of a subdivision within this property, whichever occurs later. I. Sanitary Sewer Services (1) Connecti~~ns to existing City sanitary sewer mains for sanitary sewage service 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 service at the normal rates charged throughout the City. (2) As develop:~nent and construction of subdivisions commence within this property, 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 ) ye~~rs from the of fective date of the annexation ordinance, and/or upon commencement of development of a subdivision within the property, whichever occurs later. -8- . ~ ~~~. ~ Page 9. 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 oz.' 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. -9- ~~ ..,~ q MASTER FtLk L V ~N~ "; '`e~,•" `L./2 ~'~/~/Q ® (1 ~ U tL ~® U ~ll IL ~~L.Ni~I,rL~ ACGOUN7ltdLi•~ ~ °~' ~ ~ YRANSPU[27ATIUNjPUBLIC WJI~„~/~S~'%J ~) //®~ ,~J X171 ~J ~®rt~ /! ~,/l~j // ~®~,~yiv1~ ~ n r~y~ ~,~l,rya' ~~~~ 11A'fLR AUt~91NIS'f RA'TiGPd ~ DEWF_LUPMENI ~s DATE NUMBER CE suB~ECTANNEXATION - D. T. FINLEY SURVEY, PAGE 3/8/88 G-7469 AB~;TRACT N0. 0 AND GH&H COMPANY ,of_1 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 Mr. Gregory S. Carter, President of Trinity Development, has requested annexation of said land into the corporate limits of the City of Fort Worth. The subject property is within the exclusive extraterritoria~ jurisdiction (ETJ) of the City of Fort Wori;h. No common boundary agreements with other cities will be required for annexation. See the attached map (Exhibit "A") and the Staff Information Report. The subject annexation request; involves a small strip of land which was inadvertently overlooked several years ago during the annexation of the Trinity Ranch Addition. The site constitutes 20.274 acres and is a + 3,500 foot strip along U.S. Highway 377 South. If annexed now, future development problems could be eliminated. The Development Review Committee recommended approval of the subject annexation on September 24, 1987. The City Plan Commission recommended approval of the proposal on September 30, 1987. Location The subject property is located southwest of the City of Benbrook. If annexed , it would become part of City Council District 3. DAI.wq APPt~OV~O BY CITY ~OU~NCIL MAR ~ i988 ~~~ City Seccetvtuy of tha, _ City of Fort Wozt2tx Taxaa SUBMITTED FOR ttit 3Y GER'S Dav i d I vory A DISPOSITI CIL: O APP PROCESSED BY OFFICE I ^ ROVED ORIGINATING DEPARTMENT HEAD JOe Bi 1 drdi 7820 [ OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFORMATIO CONTACT doe 6 i 1 and i 7820 DATE