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HomeMy WebLinkAboutOrdinance 9796ORDINANCE N0. ~~~~~~ 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 93.895 ACRES (0.147 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 9th day of December, 1986, 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 22nd day of December, 1986, which date was not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings, and -1- 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 28th day of November, 1986, 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 12th day of December, 1986, 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 93.895 acres (0.147 square miles) of land, more or less, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS -2- 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: Part of the Shelby County School Land Survey Block 33, Abstract No. 1375 situated about 10 miles south 25 degrees east from the Courthouse in Tarrant County, Texas, and embracing a portion of the 100--2/100 acres tract described in the deed to Everman Pkwy.-100 Joint Venture recorded in volume 8312, page 986 of the Tarrant County Deed Records. Commencing at the northwest corner of said 100-02/100 acres tract being at the intersection of the Rendon Road (County Road No. 1015) and Enon Avenue (County Road No. 1051) for the northwest corner of said Block 33, and run south, along the west line of said 100-02/100 acres tract, in said Rendon Road, for the west line of said Block 33, a distance of 250 feet for the southwest corner of the 51 acres tract described in the City of Fort Worth Ordinance No. 7596, and then run, south 89 degrees-51 minutes east, along the south line of said 51 acres tract, 100 feet to the northwest and beginning corner of the tract being described. Thence easterly continuing along the south line of said 51 acres tract and present City of Everman City Limit line, to and along the south line of the 70 acres tract described in City of Fort Worth Ordinance 7597• south 89 degrees-51 minutes east 529-04/100 feet to the east line of said 100-02/100 acres tract and the west line of Everman Cemetery. -3- Thence south 6 degrees-51 minutes west, along the said east line of 100-02/100 acres tract and said west line of Cemetery tract, 462-08/100 feet to a fence post for the southwest corner of said Cemetery tract described in the deed and reentrant corner of said 100-02/100 acres tract. Thence south 89 degrees-26 minutes east, along the north line of said 100-02/100 acres tract and said south line of Cemetery tract, 564-7/10 feet to a fence post for the southeast corner of said Cemetery tract and the southwest corner of the 15-86/100 acres tract recorded in volume 7375, page 79 of the said Deed Records. Thence north 89 degrees-53 minutes east, along the said north line of the 100-02/100 acres tract and south line of said 15-86/100 acres tract, 1531-1/10 feet to an iron rod for the easterly northeast corner of said 100-02/100 acres tract being by deed call in the east line of said Block 33. Thence south no degrees-48 minutes west, along the east line of said 100-02/100 acres tract and said east line of Block 33, a distance of 440-5/10 feet to an iron rod for the northerly southeast corner of said 100-02/100 acres tract. Thence west 435-7/10 feet to an iron rod for reentrant corner of said 100-02/100 acres tract. Thence south 7 degrees-05 minutes west, along the east line of said 100-02/100 acres tract, 315-4110 feet to an iron rod for the northwest corner of Tract 2 a 1-529 acres tract described in the deed recorded in volume 8176, page 355 of the said Deed Records. Thence southerly along the east line of said 100-02/100 acres tract. south 8 degrees-08 minutes west 305-6/10 feet to an iron rod, south 7 degrees-22 minutes west 291-02/10 feet to an iron rod, south 4 degrees-04 minutes west 165-04/10 feet to an iron rod for the northeast corner of a 2-27/100 acres tract described in the deed recorded in volume 8041, page 135 of the said Deed Records. Thence west, along a south line of said 100-02/100 acres tract, of 467-4/10 feet to an iron rod for the northwest corner of the 1-96/100 acres tract described in the deed recorded in volume 8041, page 137 of the said Deed°"Recbxd"s. - 4 - ,,, Thence south no degrees-09 minutes east, along an east line of said 100-02/100 acres tract and west line of said 1-96/100 acres tract, at 408-5/10 feet pass a iron rod for the southerly southeast corner of said 1-96/100 acres tract in the north line of Shelby Road (County Road 1097), in all 458-5/10 feet to the south line of said Shelby Road. Thence north 89 degrees-46 minutes west, along the said south line of Shelby Road, 1310-13/100 feet. Thence north, to and along the west line of said 100-02/100 acres tract and the east line of a 0-16/100 of an acres tract described in the deed recorded in volume 6886, page 50 of the said Deed Records, 354-6/10 feet to an iron rod for the north corner of said 0-16/100 of an acre tract. Thence north 8 degrees-25 minutes east, continuing along the west line of said 100-02/100 acres tract, 362-1/10 feet to an iron rod for the northeast corner of a 4-55/100 acres tract described in the deed recorded in volume 6681, page 65 of the said Deed Records and a reentrant corner of said 100-02/100 acres tract. Thence north 89 degrees-41 minutes west, along a south line of said 100-02/100 acres tract, and north line of said 4-55/100 acres, 273 feet to the present City Limit line of Fort Worth and being 100 feet easterly from the west line of said 100-02/100 acres tract, and the said west line of Block 33. Thence north, 100 feet from and parallel to the west line of said 100-02/100 acres tract, and the said west line of Block 33, and along the said present City Limit line 1711-29/100 feet to the place of beginning and containing 93-895/1000 acres. 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 ~`:~ _ .i location of the hereinabove described territory. -5- 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 6 of Article 970a, 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 -6- 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. 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. APPROVED AS TO FORM AND LEGALITY ~ ~;(~ ~. Wade Adkins, City Attorney DATE ~ , ~ ~' ADOPTED : /` ~~~0 , EFFECTIVE -7- Y RD T~ a R ~'~ '° °I ~ f Tr. .32 C3.5 ~Q{a vt ~, I` f` EVERIMAN CI x.375 ,ow„i,2 ~ 37 2 3 Q 5 6 t '~ 8 O ri 9 10 ~( 12 t9fY4+Qt ~s12 , PREPARED BY SCALE 1"-400' ^EXHIBIT "A" •DEPARTMEN.T OF DEVELOPMENT ~~ CORPORATE OOUNDARY CHANGE -~ CiTY OF FORT WORTH PROJECT FILE N0. AREA 0 F F 0 RT PREVIOUS TOTAL CITY LIMIT AREA ANNEX TOTAL TFI I S ORDINANCE DEA°dNEX W O R T H PUBIC HEARING DATE sQ rzI 0 R D. N 0. SQ ~1I ~ 1ST READIPJG DATE NEl~1 TOTAL CITY LIf~~IT AREA ~ SQ I~1I. ~ FINAL READING DATE EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name PECAN HILLS ADDITION Location and Acreage Annexed South of the City of Everman, north of Shelby Road, and east of Rendon Road. 93.895 Acres. 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 wi 11 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 th i s area as are furnished throughout the city. -2- Page 3. C. Envir,onmen,tal 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 furnished by the City of Fort Worth, but not mentioned above, will be provided to -3- Page 4. this 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- 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 -5- Page 6. entire city, shall apply to this property beginning with the effective date of the annexation ordinance. The City wi 11 mai ntai n 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 par- ticipation 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, -6- - ~ : Page 7. acceptance upon completion, and maintenance after completion, shall apply. (5) Street lights installed on improved public streets shal 1 be maintained by the C i ty of Fort Worth i n 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 -7- S Page 8. 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 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- 'p+as~Et~ FIL~•~1 J A~COUNT'!NR 2 7RANSPORTATlOtd~Pllf3LIC !`~{ ~j-~ ®~ ~~ 7~ ,/~®~~~~~ ]~ ,~O®~~~~~~~~~®~ N ^rFR AUMIt21fi7RA'Ti4f~ ••//~\\y/~~/ ~ (,jr,(//~ /(~/ (/j/J /~,.,/ PLANNING.1 UE. EL(1PMEN DATE REFERENCE suB.IEC~NNEXATION - PECAN HILLS PAGE NUMBER ADDITION (93.895 ACRES) 1 11-25-86 G-6888 ~ of-_.__ 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 Article 970a of the Revised Civil Statutes of the State of Texas. , Discussion Mr. Stephen R. Smith, Joint Venture Manager, Everman Parkway-100 Joint Venture, 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. See the attached map (Exhibit "A") and the Staff Information Report. A concept plan (C-86-14) has been submitted and was conditionally approved by the City Plan Commission on September 24, 1986. The Development Review Committee recommended approval of the subject annexation on October 23, 1986. The City Plan Commission recommended approval of the proposal on October 29, 1986. Location The subject property is located southeast of the City of Everman, north of Shelby Road, and east of Rendon Road. If annexed, it should become a part of City Counci 1 Distri ct 6. DAI n APPROVED BY CITY COUNCIL ~~~ City Sectataxy of tYs.e City of Fc~xt V•Ta~its, '.icg:a'~' SUBMITTED FOR Ihtt /.~ ~ CITY MANAGER'S ` f ~ DISPOSITION BY COUNCIL. APPROVED PROCESSED BY OFFICE BY !I , ~ ~ , .~;~~` ^ ORIGINATING [ OTHER (DESCRIBE) DEPARTMENT HEAD• J Bi 1 ardi ~ CITY SECRETARY FOR ADDITIONAL IN~O~~u$N 8175 CONTACT DATE