HomeMy WebLinkAboutOrdinance 10108_.~ • 7~ ,. l~ .~
ORDINANCE NO.
AN ORDINANCE DECLARING CERTAIN FINDINGS; p
PROVIDING FOR THE EXTENSION OF CERTAIN l~r1'i a ~2~~
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BOUNDARY LIMITS OF THE CITY OF FORT WORTH;
PROVIDING FOR THE ANNEXATION OF A CERTAIN
727.02 ACRES (1.13 SQLIA.RE 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 ITSkPRO 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 HERh~'WITH;
PROVIDING THAT THIS ORDINANCE SHALL 'BE
CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN
DIRECT CONFLICT; PROVIDING FOR SE VERABILITY
AND NAMING AN EFFECTIVE SATE.
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 5th day of April, 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 19th 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 the first such public hearing was
published in a newspaper having general circulation in th e Cit y
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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 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 8th day of April, 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 far inspection by and explanation to the inhabitants
of the area to be annexed; and
WHEREAS, the population of the City of Fort Wortlz, 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
727.02 acres (1.13 square miles) bf land, more or less;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE'
CITY OF FORT WORTH, TEXAS:
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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:
COMMENCING at the northerly northwest corner of the W. McGowan
Survey, Abstract No. 999;
THENCE easterly 3853.2 feet along said northerly line to a
point;
THENCE S 37° 38' 46" W, 28.87 feet to the POINT OF BEGINNING;
THENCE S 00° 20' 44" W, 839.77 feet;
THENCE S 89° 48' 57" E, 1036.57 feet;
THENCE S 47° 04' 27" E, 37.51 feet;
THENCE S O1° 00' 12" E, 805.95 feet;
THENCE S 00° O1' 42" E, 3.80 feet;
THENCE S 89° 37' 16" E, 646.98 feet;
THENCE N 00° 05' 26" E, 418.33 feet;
THENCE S 89° 42' 56" E, ?29.60 feet;
THENCE N 00° 07' 59" E, 235.24 feet;
THENCE N 89° 44' 20" W, 140.54 feet;
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THENCE N 00°
THENCE N 89°
THENCE N 00°
THENCE N 89°
THENCE N 00°
THENCE S 89°
THENCE S 65°
THENCE S 54°
THENCE S 30°
THENCE S 21°
THENCE S 00°
25'
46'
23'
42'
19'
42'
49'
33'
36'
57'
09'
07"
11"
09"
17"
39"
17"
59"
10"
24"
24"
11"
W, 1045.80 feet;
W, 1607.96 feet;
E, 1561.08 feet;
W, 275.50 feet;
E, 3455.93 feet;
E, 3068.07 feet;
E, ~ 86.45 feet;
E, 77.71 feet;
E, 137.24 feet;
E, 163.66 feet;
W, 853.61 feet;
THENCE S 00° 26' 45" W, 2893.78 feet;
THENCE S 00° 37' S6" W, 1072.87 feet;
THENCE S 00° 46' 05" W, 890.89 feet;
THENCE S 89°
THENCE S 00°
THENCE S 89°
THENCE S 00°
THENCE S 89°
THENCE S 00°
THENCE S 89°
THENCE S 00°
44'
13'
37'
02'
43'
Ol'
46'
33'
zo"
44"
2 6"
44"
37"
46"
16"
04"
W, 336.55 feet;
W, 234.26 feet;
E, 313.05 feet;
E, 186.29 feet;
E, 873.18 feet;
E, 183.88 feet;
E, 311.19 feet;
W, 2428.40 feet;
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THENCE N 89° 41' 26" W, 886.24 feet to the beginning of a curve
to the right;
THENCE along said curve to the right through a central angle of
19° 10' 24", a radius of 692.20 feet, an arc length of 231.63
feet and a long chord of N 80° 06' 14" W, 230.56 feet;
THENCE N. 69° 51' 58" W, 559.68 feet to the beginning of a
curve to the left;
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THENCE along said curve to the left through a central angle of
19° 50' 53", a radius of 8].2.20 feet, an arc length of281.36
feet and a long chord of N 79° 47' 25" W, 279.95 feet;
THENCE N 89° 42' S1" lnl, 2 004.03 feet;
THENCE S 19 ° 06' 0 7" W, 127.29 feet to the beginning of a
non-tangent curve to the right;
THENCE along said non-tangent curve to the right through a
central angle of 29° 23' 50'x, a radius of 633.26 feet, an arc
length of 324.91 feet and a long chord of N 71° 24' 12" W,
321.36 feet;
THENCE N 56° 42' 17" W, 236.30 feet to the beginning of a curve
to the left;
THENCE along said curve to the left through a central angle of
32° 53' a radius of
S1" 656.28 feet, an arc length of 376.82
,
feet and a long chord of N `73° 10' 05" W, 371.66 feet;
THENCE N 89° 37' 00" W, 763.79 feet;
THENCE N 89° 56' 03" W, 567.06 feet to a point on a line 510
feet easterly and parallel to the westerly right-of -way line of
Interstate Highway 35W;
THENCE along said line 510 feet easterly and parallel to the
westerly right-of-way line of I.H. 35tn1, the following courses
and distances:
N 00° 03'
N 15° 05'
N 18° 29'
N 15° Ol'
N 11° 27'
N 14° 59'
5 7" E,
28" E,
28" E,
28" E,
28" E,
28" E,
59.40 feet;
504.27 feet;
401.10 feet;
1431.11 feet;
401.05 feet;
499.36 feet;
THENCE S 89° 45' 38" E, 432.60 feet to the POINT OF BEGINNING
and containing 732.16 acres of land more or less, save and
except a strip of land as described as follows:
COMMENCING at the intersection of the westerly right-of-way
line of Old Denton Road (County Road No. 4048) and the
northerly line of Keller-Hicks Road;
THENCE N 89° 44' 20" W, 336.55 feet to the POINT OF BEGINNING:
THENCE S 00° 13` 44" W, 234.26 feet;
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THENCE N 89° 47' 51" W, 954.40 feet;
THENCE N 00° 07' S9" E, 235.24 feet;
THENCE S 89° 44' 20" E, 954.80 feet to the POINT OF BEGINNING
and containing 5.14 acres of land, more or less, leaving a net
acreage of 727.02 acres net 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 entitled to all of the rights and privileges of all
the ci tizens in accordance with t he 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 mad e
available at said hearings for inspection by and explanation to
the inhabitants of the area to be annexed.
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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 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 th e
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 XXVII of the Charter of the City
of Fort Worth, Texas, and it is so ordained.
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APPROVED AS TO FORM AND LEGALITY:
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(~ov rY e ~ rY nro~ N e v
~,j,iWade Adkins, City Attorney
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DATE : S'. ~ " ~ •
ADOPTED:
EFFECTIVE:
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EXHIBIT X
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Name and Acreage Annexed: Prairie Vista Addition, 727.02 Acres
Location: East of I-35W and North of 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 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.
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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.
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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 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 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 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
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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.
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Page 5.
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 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
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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
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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 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
est ablished 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)
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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.
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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.
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B A
CORPORATE BOUNDARY CHANGE - CITY OF FORT WORTH
PROJECT pRARIE VISTA _ADDITTON FILE NO A-87-16
AREA O F FORT WORTH PUBLIC HEARING DATE
PREVIOUS TOTAL CITY LIr1IT AREA SQ r":I O R D N O
TOTAL T!!IS ORDINANCE A'J~dEX
RFA^J"rrY, SQ raI IST READIrJG DATE
NE:1 TOTAL CITY LII.1IT AREA. SQ r1I FI(JAL READI(•JG DATE
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GATE REFERENCE suB~ECr ANNEXATION OF PRAIRIE VISTA PAGE
NUMBER ADDITION (727.02 ACRES) INTO THE CITY iot 2
3/24/88 G-7493 _~F FORT WORTH
Recommendation
It is recommended that•
1) The City Council abandon the annexation of Prairie Vista Addition (727.02
acres), the first public hearing of which was held on March 1, 1988; and
3) 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.
2) The City Council find that the inclusion of Prairie Vista Addition (727.02
acres) into the corporate limits of the City of Fort Worth will cause the
unincorporated area shown on Exhibit "A", attached hereto, to be entirely
surrounded by the City of Fort Worth, and that the surrounding of said
unincorporated area is, and is hereby found to be, in the public interest,
and
Discussion
On March 1, 1988, the first public hearing of the subject annexation was held.
Public notice of the hearing, as published in the Fort Worth Star Telegram,
reflected a hearing date of March 3, 1988. Because of the inaccurate date as
published in the Fort Worth Star Telegram, the Municipal Annexation Act
requirements of publication of notice could not be met, and upon completion of
the annexation procedures, the annexation would be void Therefore, it is
necessary that the City Council abandon the current annexation process and
adopt anew timetable for the completion of this annexation
Mr Thad Brundrett of Carter and Burgess, Inc., acting on behalf of
owners/developers, Business Men's Assurance Company, E-Systems, Inc. Pool
Trust, and Virginia Investment Corporation, 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 with other
cities will be required for annexation
The annexation of Prairie Vista Addition will cause an unincorporated area to
be entirely surrounded by the City of Fort Worth, but will not include the
unincorporated area within the city Section 43.057 of the Local Government
Code specifically provides that•
"If a proposed annexation would cause an area to be entirely
surrounded by the annexing municipality but would not include the
area within the municipality, the governing body of the municipality
must find, before completing the annexation, that surrounding the
area is in the public interest."
DATE REFERENCE SUBJECT ANNEXATION OF PRAIRIE VISTA PAGE
NUMBER ADDITION (727.02 ACRES) INTO THE CITY 2 2
or
3/24/88 G-7493 OF FORT WORTH __.--
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The City staff has investigated the proposed annexation and recommends that
surrounding the described unincorporated area is in the public interest. A
concept plan (C-87-13) was conditionally approved by the City Plan Commission
on Novernber 25, 1987. The Development Review Committee recommended conditional
approval of the subject annexation on December 23, 1987. The City Plan
Commission recommended conditional approval of the proposal on December 30,
1987. See the attached map (Exhibit "A") and Staff Information Report.
Location
The site is located east of I-35W and north of Golden Triangle Boulevard. If
annexed, it would becorne a part of City Council District 2.
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SUBMITTED FOR THE
CITY MANAGER'S David Ivory DISPOSITION BY COUNCIL:
APPROVED
^ PROCESSED BY
OFFICE BY
ORIGINATING
DEPARTMENT HEAD: O
Joe Bi l drdi 7020 ^ OTHER (DESCRIBE)
CIfiY SECRETARY
FOR ADDITIONAL iNFURMATION Joe Bil ardi 7820
DATE
CONTACT