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HomeMy WebLinkAboutOrdinance 10102-~ ~~ ~~ ~ ORDINANCE N0. ~1~~ 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 19.652 (0.030 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 de-s-cribed, was held in the City Council Chambers, on t~h-e 24t`h 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; and WHEREAS, notice of tuhe 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 P~larch, 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 territory contains 19.652 (0.030 square miles} of 1 and, more or less; -2- ` „~~'~ NOW, THEREFORE, BE IT ORDAINED BY THE 'CITY JCOUNCIL OF T~WE CITY OF FORT WORTH, TEXAS• SECTION 1. That the fo llowing described land and territory lying adjacent to and adjoining the City of Fort Worth, Texas i s 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: TRACT 1 BEING a 14.944 acre tract of land in the Charles C. Whyte Survey, Abstract No. 1611, Tarrant County, Texas and being the same tract of land described in a Deed to Security Savings Association, and recorded in Volume 8025, Page 2062, County Records, Tarrant County, Texas, said tract is more particularly described by metes and bounds as follows• COMMENCING at the southwest corner of the Whyte Survey• THENCE N 00° 03' 37" E, 2,440.10 feet to a point; THENCE N 89° 57' 18" E, 26.73 feet to a 5/8 inch iron pin with cap stamped "Carter & Burgess" set in the east right-of-way of Old Denton Road (County Road 4048) and being the POINT OF BEGINNING of the herein descr°ibed tract; THENCE N 00° 03' 22" E, with the east right-of-way of Old Denton Road, a distance of 371.54 feet to a 1/2 inch iron pin found at the southwest corner of a tract of 1 and described in a Deed to M. A. Blubaugh, Trustee and recorded in Volume 7595, Page 1274, said County Records, -3- vii ~ 3 THENCE N 89° 57' 18" E, with the south line of the Blubaugh tract described in Volume 7595, Page 1274 and generally along a fence, a distance of 1,751.43 feet to a 5/8 inch iron pin with cap stamped "Carter & Burgess" set in the west line of a tract of land described in a Deed to M. A. Blubaugh, Trustee and recorded in Volume 7621, Page 809, said County Records, and from which a monument bears N 89° 57' 18" E, a distance of 4.19 feet; THENCE S 00° 07' 45" E, with the west line of the Blubaugh Tract described in Volume 7621, Page 809, a distance of 371.54 feet to a 5/8 inch iron pin with cap stamped "Carter & Burgess" set a t the northeast corner of a tract of land described in a Deed to M. A. Blubaugh, Trustee and recorded in Volume 7603, Page 1563, said County Records. THENCE S 89° 57' 18" W, with the north line of the Blubaugh Tract described in Volume 7603, Page 1563, a distance of 1,752.63 feet to the POINT OF BEGINNING and containing 14.944 acres, more or less. TRACT 2 BEING a 4.708 acre tract of land situated in the Charles C. Whyte Survey, Abstract No. 1611, Tarrant County, Texas and being allz of Tract 1 and 2 as described in a Deed to Security Savings Association, recorded in Volume 8025, Page 2062, County Records, Tarrant County, Texas, said 4.708 acre tract being more particularly described by metes and bounds as follows• BEGINNING at a 5/8 inch iron pin, said iron pin being at the intersection of the eastern right-of-way of Old Denton Road, (County Road No. 4048) and the northern right-of-way of Thompson Road, (County Road No. 4104); THENCE N 00° 04' 17" E, along the eastern right-of-way of said Old Denton Road at 360.84 feet passing a 5/8 inch iron pin, said iron pin being the northwest corner of the aforementioned Tract 2 and the southwest corner of the aforementioned Tract 1, in~all a total distance of 510.84 feet to a 5/8 inch iron pin;; THENCE S 89° 31' 24" E, leaving the eastern right-of-way of said Old Denton Road, 402.04 feet to a 1/2 inch iron pin; THENCE S 00° 02' 24" E, at 150.00 feet passing a 1/2 inch iron pin, said iron pin being the northeast corner of the aforementioned Tract 2, and the southeast corner of the aforementioned Tract 1, in all a total of 508.23 feet to a 5/8 inch iron pin, said iron pin being in the northern right-of-way of said Thompson Road; THENCE N 89° 53' 43" W, along the northern right-of-way of said Thompson Road, 403.02 feet to the POINT OF BEGINNING, containing 4.708 acres, more~or less. -4- SECTION 2. ~~;~. f ~ That th e 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 th e 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 b e 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 confl.,ict, this ordinance shall be, and the same is hereby made cumulative. -5- ~~~ f 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 pfirase, 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 hot affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same woul d have been enacted by the City Counci 1 without the incorporation in this ordinance of any unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. That tfiis 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. APPROVED AS TO ,FORM AND LEGALITY: / ivrt ~ r . ttoe~/B~ ,fj/'t Wade Adkins, C~y Attorney DATE • 4'' ~ ~' g ADOPTED• / ~~ EFFECTIVE• -6- ~"..a /l` .:. . rR Icl ;, .; ~_ ~ ~~= 2000 t~ ~~ • ,~,r,.. ... ,{' ~.,•r, .~'. a. '~ TR ICU LO : .~::;;.':ii;i .. ... ' TR ICIB . . O :.... ;: :: : K :. ~ ::.: ., .. Z `s O TR IC3 ~ Z ` •• ?; ° :: ° ~ ~ CHARLES C WHYTE TR IC - TR IC2 ~ ~ ~ ~ N TR. 2 A m i m ~ ~ I oMapsco Inc. , ~ TR IC4 TR.2A3 i `~\ ~ cL ~on TR 2A1 ~ m I ~~ ... .. .... ... - _ TR.2AIB i I 1~~~p~ ~ ~ TTq, 4~+..._~~__~ ~i ... ;: TR 2812.... @B~T~A ~ ~~ g r \ Ja~N~ i C ~ .~~R:: ;ii~E~f1~ I TR ~ ~ RR00 x _ ~ • 288 ~ i a; ~r ~ ~ m TR 281! 2g~®' 286 ~ I &~ ~< TR. TW T 283 TR ~ < ,x..~ rm. o+ ~ E f'rTRA' .............................................:.:... 7R.28 2 ~C 2 4 TR h i OM ~ >< .. .: ~~ w ......:. R~ TR \\ a CR SSW! KS ~ '_ ....... • TR 2810 2~7D 282 ~ a CT .. FarR,_N, z ;. '.. i ~ \ 6A _ .,.:..:: ~~ SW000 a ::; TR 2'814 •:::::a•:•>:;..,;; _..J 3e + •:........ TR.2813 287 '. ~ I ....::...., OL I' 4 i ~ WHITEI ~ y GREENS ~' ....................... :... ~ i. __ :•.. . .... j ~ ~_ Summ rliolda> . ~ O ' Park ~ `PRm~ ~araa:..~: TM MPS', N R AO ~ F~` s ~ W ~ ~•P2~ V a~ .... ... ~ ff ~ + i m I i \_ v. i •.••j I SCALE 1 .s4o •....::.:.;;::~.....::::»:::::::::;<:«::::::;:;:~::::::>::>~::~::::::<::;~::::::::::'.:::.:::;.:.:...:•:: :: ; :::;<:::;:•::::::::::~>;:;:::::<~:::::;::::>::;:,::.:•::;:...>;::.;...., ..:... .~:•~:,:.>tit:: .,.. ,~, EXHIBI'T iiTAli _ _. _ CORPORATE 00tlN~DA~RY C~HA'N~GE - ~CiITY Of FORT WORTH PROJECT HILLWOOD ADDTTxON 19.652 Acres FILE N0. A••88-4 AREA ® F if !® iRT 'W '~O 'R T 'H I PUBLIC HEARING DATE .. . PREVIOUS~TOTAL C1TY LIMIT AREA '; .: SQ 141 • II ~®'R iD. IN ~_ TOTAL TF(IS ORDINANCE ANNEX I` SQ. Mi 1ST READING DATE DEA^JNEX I NE1-! TOTAL CITY LIf~IIT AREA SQ f1I ~ FINAL READING DATE ~~~~ EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name and Acreage Annexed: Hillwood Addition, 19.652 Acres Location: East of Old Denton Road, North of Thompson Road and South of Wall Price North Addition 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 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. ~~~~ 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 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 commencement 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. -2- ~~ Page 3. +w+w.v~~r 5 i^Cly ~~..M i'. ..~~ 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 ordinance. These ordinances and regulations willbbe 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 construction 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 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 mentioned above, will be provided to this k -3- /~,/r Page 4. area beginning on the effective date of the annexation ordinance. (5) As development and construction commence within this area, sufficient personnel 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 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 shall be entitled to consideration for zoning in accordance 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 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 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. -4- c ~ f~ Page 5. The same level of recreation and leisure services shall be furnished to this property as is f urnished throughout the City. (3) Existing parks, playgrounds, swimming pools and other recreation and leisure 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 otherwise. 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 ordinance. 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 population density increases to the proper level, solid waste collection shall be provided 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 maintenance, applicable throughout the -5- ~„~~ 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 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 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 easement when constructed, to current City of Fort Worth standards applicable throughout the City. As development, improvement or construction of storm drainage 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 -6- G~~~~ Page 7. completion, and maintenance after completion, shall apply. (S) 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 provided 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. (2) As development and construction of subdivisions commence within this property, water mains of the City will be extended by the property owner 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) -7- =~`~~~ Page 8. 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 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 development 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) years from the effective 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 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.. -9- ~- a _ 7~ ~ ~ T J~ ~-7~ MASTER r•ILa,~ V;~~ _ ~'"' ~Z.~ ® JL' ®~~ ~Y~Y ®~~UIL 1L ~.~~.~ AGCOCINTSI'yG•2 ~,~/f~/ ~ /j ~° ~/ ~ // ~y']~ ~(1/~ r~ ~ ~/ ~) TRANSPGRTATlQN[P.UBLlG. Xd$!n'l-~L~'L.W lL~/ ® U ~l.W ~~ ~®(LtV U lli(1/ (L~ ~®~~ ILIV~~~'LW ~~® U (li VtA'f"ER AutdINiS7RATeciPd DE'r'EL()PMEN Is DATE REFERENCE SUBJECT ANNEXATION OF TWO TRACTS OF PAGE a 3/8/88 NUMBER HILLWOOD ADDITION (19.652 ACRES TOTAL) 1 G-7468 T iof 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. Thad Brundrett of Carter and Burgess, Inc., acting on behalf of the owner/developer, the Perot Group, has requested annexation of said land into the corporate limits of the City of Fort Worth. The property is within the exclusive extraterritorial jurisdiction (ETJ) of the City of Fort Worth. No common boundary adjustments will be required for annexation. The City staff is investigating this proposed annexation. Due to time constraints created by the proposed Charter Amendment Election, the timetable for this annexation must be started before the Development Review Committee and the City Plan Commission are able to consider and act on this request. The time schedule at this point is that the Development Review Committee will review this request at its March 24th meeting and the City Plan Commission will consider the request at its March 30th meeting. Review comments and actions by the Development Review Committee and the City Plan Commission will be furnished to the City Council for consideration at its Second Public Hearing scheduled for April 5, 1988. The Preliminary Plat (P-88-2) for the southern tract was conditionally approved by the City Plan Commission on February 24, 1988. Location The tracts are located east of Old Denton Road, north of Thompson Road and south of Wall Price North Addition. If annexed, these two tracts would become a part of City Council District 2. APPROVED BY DAI:wq CITY COUNCIL r~a~ $ ~ga~ 9~~ SUBMITTED FOR i ht CITY MANAGER'S David Ivor DISPOSITION BY COUNCIL. ~~ .~eCi6 ^ APPROVED City of Font ~PRtD '1@X~ BY tD ,1 Wor r y OFFICE BY ORIGINATING [ OTHER (DESCRIBE) O DEPARTMENT HEAD Joe Bi 1 ardi 7020 CITY SECRETARY FOR ADDITIONAL INFORMATION O CONTACT Joe Bi 1 ardi 7020 DATE