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HomeMy WebLinkAboutOrdinance 9541,~ ORDINANCE NO. ~~~~~ ~~ 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 84.064 ACRES (0.131 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 third day of December, 1985, which date is 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 17th day o f December, 1985, which date is not more than forty (40) 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 the City of Fort Worth, Texas, and in the hereinafter described territory on the 22nd day of November, 1985, which date was not more than twenty (20) nor less than (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 6th day of December, 1985, 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 o f 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 84.064 acres (0.131 square miles) of land, more or less; 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 1 imit s o f the City o f 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: -2- 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 o f the taxes 1 evied 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 b e 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 in 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 -4- 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 b.e 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 : ~ ~ ~ ~ ADOPT EFFEC -5- BEING- a tract of land in the Nancy Ann Roberts Survey, Abstract No. 1275 and the Phillip Green Survey, Abstract No. 566, situated in Tarrant County, Texas.., and being that same property conveyed to Jean McGinnis Hornsburgh and Carolyn Sue McGinnis by deed recorded i.n Volume 7367, Page 79 of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: .~ .,_ BEGINNING at 5/8 inch iron rod corner. of that certain tract Freedom Financial. Corporation Volume 7749, Page 1949 of the County, Texas, said point right-of-way line of Prewett 4101); found at the Southeast. of land conveyed to by deed recorded in Deed Records of Tarrant being on the North Road (County Road No. THENCE North 0 23'51" East along a fence, 1036.39 feet to an iron. rod set at the Northeast corner of the Freedom Financial_Corporation tract; THENCE North 89 29'35" West along a fence on the North line of the Freedom Financial Corporation tract, passing __its Northwest corner at 2681.95 feet and continuing along the North line of that certain tract _of land conveyed to Talmadge Tinsley Company, Inc. by deed recorded in Volume 7796, Page 678 of the Deed Records of Tarrant County, .Texas, a total distance of 3550.64 feet to an iron rod at its Northwest corner, said point being on the East right-of-way line of North Beach Street (County Road No. 4053); THENCE North 0 28'56" East along the East right-of-way line of North Beach Street, ~ 698.93 feet to a .5/8 inch iron rod found on the North line of the McGinnis tract; THENCE South 89 36' East along theNorth line of the McGinnis tract, 3961.33 feet to a 5/8 inch .iron rod found at the most Northerly Northeast corner of the McGinnis tract; THENCE South 0 00'06" West along a fence on the East line of the Nancy Ann Roberts Survey and the West line of the Phillip Green Survey, Abstract No. 566, 105.7 feet to a 5/8 inch iron rod found at the most Northerly Southwest corner of that certain tract of land conveyed to Freedom Financial Corporation by deed recorded in Volume 7710, Page 1091 of the Deed Records of Tarrant County, Texas; THENCE North 8.9~28'S8" East ,along a fence on a Southerly line of the Freedom Financial Corporation tract_ and a Northerly line of the McGinnis tract, 269.9 feet to a 1/2 .inch iron rod found at the most Easterly Northeast corner of the McGinnis tract and an. ell corner of the .F.reedom Financial__Corporation tract; THENCE South 0 04'01" West along a fence on a West line of the Freedom Financial Corporation tract and the East line of the McGinnis tract., 1641.8.9 feet to a 1/2 iron rod found at the Southeast corner of the McGinnis tract; THENCE North 89 29'35" West, at 33.8 feet.., more or less, the North right-of-way line of Prewett Road and continuing along the North right-of-way line of Prewett Road a total di.stan.ce of 691.8 feet to the PLACE OF BEGINNING, and containing 84.0642 acres of land, more or less. -3- ^ r i9i 1` :> w> ~' ~:~:> ~~ ~~~~,,.~ t~~ PREPARED BY SCALE 1 "-2000'; EXHIBIT ~~A~~; DEPARTMENT OF DEVELOPMENTi_ CORPORATE BOUNDARY CHANGE - CITY OF FORT WORTH PROJECT FILE NO AREA OF FORT PREVIOUS TOTAL CITY LIMIT AREA ANNEX TOTAL T!!IS ORDINANCE DEA°•JNEX NEJd TOTAL CITY LIP~IT AREA W O R T H PUBLIC HEARIPJG DATE sQ r1i ORD. N0. ~`.~~., `~.:>, SQ P1I 1ST READIPJG DATE SQ P1I ~ FINAL READING DATE ~ EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name• Ashbrooke Park Addition Location and Acreage Annexed• North of Prewett Road, West of North Be ac h Street 84.064 Acres County Tarrant Municipal Services to the acreage described above shall be furnished by or on behal f 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 devel opment and construction commence wi thi n 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. (3) Upon ul timate 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 o'n the effective date of the annexation ordinances. Page 2. (2) As development and construction of subdivisions commence within this area, sufficient fire and emergency ambul ance equi pment will be provided to furnish this area the maximum 1 evel of fire and emergency ambulance services consistent with the characteristics of topography, land utilization, and population density of the area, as deter- mi ned by the City Counci 1 , wi thi n two and one-h al f (2-1/2 ) years from the date of adoption of the annexation ordi- nance, or upon commencement of development with this area, whichever occurs later. (3) Upon ultimate development of the area, the same level of fire and emergency ambulance services will be pro- vided to this area as are furnished throughout the City. C. Environmental Health and Code Enforcement Services (1) Enforcement of the City' s env i ronmental 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 ordi- nances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regul ation 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, elec- tri cal , and al l other constructi on codes wi 1 1 be enforced within this area beginning with the effective date of the annexation ordinance. Existing personnel will be used to provide these services. Page 3. (3) The City's zoning, subdivision, sign, mobile home, junk yard and other ordinances shat 1 be enforced i n 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 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 thi s area the same 1 evel of environmental health and code enforcement services as are furnished throughout the City. D. Planning and Zoning Services Th a planning and zoning j uri sdi cti on of the City wi 1 1 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 exist- ing 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. The same level of recreation and leisure services shall be fur- nished to this property as is furnished throughout the c;ty. a Page 4. (3) Existing parks, playgrounds, swimming pools and other recreation and leisure facilities within this proper- ty 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, begin- ning 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 devel opment and construction commence wi thi n 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. Streets, Storm Drainage and Street Lights (1) The City of Fort Worth's existing policies with regard to street maintenance, applicable throughout the 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 road- ways of similar construction and classification within the City of Fort Worth. (2 ) As devel opment, improvement or constructi on 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 comple- tion, and maintenance after completion, shall apply. Page 5. (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 c;ty. As development, improvement or construction of storm drainage facilities to City standards commences with- in this property, the policies of the City of Fort Worth with regard to participation i n the costs thereof, accep- tance 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 light- ing shall not be maintained by the City of Fort Worth. H. Water Services (1 ) Connection to existing City water ma; ns for do- mestic 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 provi- sions of the Subdivision Ordinance and other applicable policies, ordinances, and regulations. City participation in the costs of these extensions shall be in accordance . _. ~ / ~ e J1 j,. Page 6. with applicable City policies, ordinances, and regula- tions. 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 develop- ment 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 charg- ed 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 (2-1/21 years from the effective date of the annexation ordinance, and/or upon commencement of develop- ment of a subdivision within the property, whichever occurs 1 ater. 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. ~~r ~ ~ ~. r 1 J: ai 'i.. Page 7. (2) General municipal administration and administra- tive service of the City shall be available to the annexed area beginning with the effective date of the annexation ordinance. ~~ ---"` ~} .ILA ~ ~,c,Lt~L,~ x ~•' ,,.. D'"'L~,~' ~i DATE REFERENCE SUBJECT Annexation - Ashbrooke Park PAGE NUMBER 11-19-85 G-6495 Addition (84.064 Acres) ,of 1 ~~ S 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 Civ it Statutes of the State of Texas. Discussion Mr. Fred L. Clements, President of Clements Investments, has requested annexation of said land into the corporate limits of the City of Fort Worth. The land 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. A concept plan (C-85-17) was approved by the City Plan Commission on October 30, 1985. The Development Review Committee approved the subject annexation request on October 24, 1985. The City Plan Commission recommended approval of the proposed annexation on October 30, 1985. DAI:o APPROVED BY C6T1( COUNCEL NOV ~.~ 1985 ~~ ~.~~ Gity Seoxetaxy of the Cfty of Foxe 3yp~~,, SUBMITTED FOR IHt CITY MANAGER'S OFFICE BY ORIGINATING DEPARTMENT HEAD: Joe Bilardi DISPOSITION BY COUNCIL: ^ APPROVED OTHER (DESCRIBE) PROCESSED BY FOR ADDITIONAL INFORMATION J . Loftus 8175 CONTACT CITY SECRETARY DATE