HomeMy WebLinkAboutOrdinance 9631-~
ORDINANCE N0. -`~~'l
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
370.450 ACRES (0.579 SQUARE MILES) OF LAND,
MORE OR LESS, WHICH S-AID 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 1st day of April, 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 15th day of April, 1986,
which date was not more than forty (40) days nor less than
twenty (20) days prior to the institution of annexation
proceedings; and
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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 21st day of March, 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 4th day of April, 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
370.450 acres (0.579 square miles) of land, more or less;
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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 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:
SITUATED in Tarrant County, Texas, and being a tract
of land in the JOHN KORTICKY SURVEY, Abstract No.
914, and J. J. Albirido Survey, Abstract No. 4, and
being portions of those tracts of land conveyed to
Reed Stewart, by deeds recorded in Volume 1066, Page
327, and Volume 2613, Pages 161, 164, and 167, of the
Deed Records of Tarrant County, Texas, and being more
particularly described as follows:
BEGINNING at an iron rod in the Northwest corner of
the said Jobn Korticky Survey;
THENCE with a fence line along the North survey line
of said John Korticky Survey, South 89 degrees 44
minutes 50 seconds East, 2,862.73 feet to an iron rod
at fence corner;
THENCE South Ol degrees 02 minutes 05 seconds East
with a fence line, 2,930.10 feet to a Texas Electric
Service Company concrete monument in the North line
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of a TESCo right-of-way, as described in deed
recorded in Volume 3599, Page 588, of said Deed
Records of Tarrant County, Texas;
THENCE South 00 degrees 48 minutes 00 seconds East,
120.0 feet to a TESCo concrete monument in the South
line of said right-of-way;
THENCE South O1 degrees 52 minutes 39 seconds East
with said fence line, 14.74 feet to an iron rod at
fence corner;
THENCE South 87 degrees 59 minutes 23 seconds East
with a fence line, 30.39 feet to an iron rod at fence
corner;
THENCE South 00 degrees 06 minutes 44 seconds West
with a fence line, 2,595.59 feet to an iron rod at
fence corner, said point also being in the North line
of County Road No. 1014;
THENCE South 00 degrees 02 minutes 30 seconds East,
60.00 feet to the South line of County Road No. 1014;
THENCE along the South line of said County Road No.
1014, South 89 degrees 57 minutes 30 seconds West,
799.3 feet to an iron rod for corner in a fence line;
THENCE North 00 degrees 02 minutes 30 seconds West,
720.0 feet to an iron rod for corner;
THENCE South 89 degrees 57 minutes 30 seconds West,
660.0 feet to an iron rod for corner;
THENCE South 00 degrees 02 minutes 30 seconds East,
720.0 feet to the south line of County Road No. 1014,
passing at an iron rod in a fence line, said point
being in the said North line of said County Road No.
1014;
THENCE along the said South and West lines of said
County Road No. 1014 and along a fence line, the
following courses and distances:
South 89 degrees 57 minutes 30 seconds West,
1269.20 feet;
North 73 degrees 55 minutes 49 seconds West,
95.93 feet;
North 52 degrees 37 minutes 47 seconds West,
80.65 feet;
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North 33 degrees 57 minutes 54 seconds West,
84.49 feet;
North 13 degrees 24 minutes 18 seconds West,
67.00 feet;
North 00 degrees 15 minutes 21 seconds West,
2370.32 feet;
North 13 degrees O1 minutes 18 seconds West,
23.16 feet to the South line of said TESCO
right-of-way the West line of County Road No.
1014;
THENCE 'North O1 degrees 15 minutes 12 seconds West,
126.49 feet to in the North line of said TESCO
right-of-way;
THENCE along the said West line of said County Road
No. 1014, North 00 degrees 52 minutes 16 seconds
West, 2,012.22 feet to the north line of County Road
No. 1014;
THENCE along the north line of County Road No. 1014,
North 89 degrees 07 minutes 44 seconds East, 60.0
feet to an iron rod, said point being at the corner
of a fence line in the West line of said Korticky
Survey;
THENCE North 00 degrees 30 minutes 55 seconds West
with the said fence line, 932.85 feet to the PLACE OF
BEGINNING, and containing 370.450 acres, more or
less.
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
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shall be entitled to all of the rights and privileges ofY•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
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
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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:
~EPV Ty Cr-r~y /aTTO~N~y
Wade Adkins, City Attorney
DATE : g ~ g ~6
ADOPTED : ~ ~~a~
EFFECTIVE:
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SCALE: 1"~ 2000'
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EXHIBIT °A"
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CROWLEY
PREPARED _BY___ ____
DEPARTMENT, OF DEVELOPMENT
CORPORATE BOUNDARY CHAN6E - CITY Of FOR1 WORt
PROJECT: FILE N0.
AR EA O F F O R T W O R 1 N PUBIC HEARIP~G DATE
PREVIOUS TOTAL CITY LIMIT AREA SQ. f1I . ~ R O. N O.
ANNEX
TOTAL TitIS ORDINANCE
DEA'~NEX
NE11 TOTAL CITY LIMIT AREA
SQ. MI.~ 1ST READING DATE
SQ. l4I. ~ FINAL READING DATE
EXHIBIT X
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Name: Sunland Addition
Location and Acreage Annexed: North of Cleburne Road and East
of Stuart Phelps Road. 370.450
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 wi-thin
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 furnished by the City of
Ford Worth, but not mentioned above, will be provided to
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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.
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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 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,
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Page 7.
acceptance upon 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 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
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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.
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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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Accounrlrao` a
SRANSPpRTA710N~PUL~LIC 4YC 'K. 6Q~G~f Q?~~°
Yt?TER ADMINI$lRq'riON d
DEVEL()PMENI
3 DATE REFERENCE SUBJECTANNEXATION - SUNLAND ADDITION PAGE
NUMBER (370.45 ACRES ) 1
3-18-$6
G-6606 1 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. Barry Hudson, Director of Planning, Everage, Smith, Farrington &
Associates, Inc., acting on behalf of Tri-Star Capital Corportation, has
requested annexation of said land into the corporate limits of the City of Fort
Worth. The property is contiguous to Fort Worth's City limits.
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.
The Development Review Committee conditionally approved the subject annexation
request on June 20, 1985. The City Plan Commission recommended approval of the
proposed annexation on June 26, 1985.
On October 8, 1985, the City Council approved M&C G-6455 to abandon the
annexation of the Sunland Addition because the annexation proposal advertised
in the newspaper and on the site was incorrect.
Thereafter, on October 23, 1985, the Tri-Star Capital Corporation again
requested annexation of said property. Legal notices of intent to annex were
posted on site and published in the newspaper.
On January 7, 1986, the City Council denied M&C G-6534 because the Southwest
Freeway alignment was not tied down. Subsequently, on February 25, 1986, the
City Council adopted a resolution (Resolution No. 1125) establishing the
preferred western alignment.
A revised concept plan LC-86-5, second revision) honoring the preferred
westerly alignment along with a commitment to dedicate all necessary
right-of-way has been submitted by the Tri-Star Capital Corporation.
Location
T e subject property is located north of Cleburne Road and east of Stuart
Phelps Road and is in Council District 6. APP~UU'ED BY
CITY COUNCIL
DAi:udmc
C TBMMANAGER'S I'y~ pp
DISPOSITION BY COUNCIL.
MATS p
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OFFICE BY ^ APPROVED
ORIGINATING D
DEPARTMENT HEAD: Jae Bilard~ C OTHER (DESCRIBE)
SECRETARY
FOR ADDITIONAL INFORMATION
coNracr J Loftus 8175
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City, ofi ~. ~iEort2k. Texas