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HomeMy WebLinkAboutOrdinance 9646~, ORDINANCE NO . ~~~#T_ 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 99.196 ACRES (0.155 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 r 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 6th day of May, 1986, 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 20th day of May, 1986, 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 25th day of April, 1986, which date was not more than twenty (20) nor less than (1 0) 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 9th day of May, 1986, which date was not more than twenty (20) days nor less than ten (1 0) 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 1 U0, 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 99.196 acres (0.155 square miles) of land, more or less; -2- 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: BEING a 99.196 acre tract of land situated in the Charles C. White Survey, Abstract No. 1611, Tarrant County, Texas, and being all of that certain tract of land as described by deed to Harris P. Hoover and recorded in Volume 6663, Page 484, Deed Records, Tarrant County, Texas, said 99.196 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a point in the present City of Fort Worth city limit line in the east right-of-way of County Road No. 4048, said point being the northwest corner of a tract of land as described by deed to M. 0. Parker and recorded in Volume 7055, Page 1330, said deed records; THENCE North 00°-06'-45" East a distance of 1,403.92 feet along said city limits line and the east right-of-way line of said County Road No. 4048; THENCE North 01°-17'-55" East a distance of 448.92 feet continuing along said city limit line and said east right-of-way line; -3- THENCE North 00°-03'-50" East a distance of 623.76 feet continuing along said city limit line and said east right-of-way line to the south line of the S. P. Williams Survey, Abstract No. 1690; THENCE South 89°-58'-35" East a distance of 1,732.51 feet along the south line of the 5. P. Williams Survey to the northwest corner of a tract of land as described by deed to Dalfor Development Joint Venture and recorded in Volume 7011, Page 2306, said deed records, said point also being in the present City of Fort Worth city limit line; THENCE South 00°-13'-05" East a distance of 2,475.10 feet along the west line of said Dalfor Development tract and along said city limit line to the northeast corner of the aforementioned M. 0. Parker tract; THENCE South 89°-58'-40" West a distance of 1,755.55 feet along the north line of said M. 0. Parker tract to the POINT OF BEGINNING and containing 99.196 acres of land, 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 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. -4- SECTION 4. ,p 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 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 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. -5- 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 g.-- i ~ - ~ DATE: ADOPTED: ~ -~~ ° ~~ EFFECTT VE; ~ -" , ~ ~`~~ -6- ~R~A OF ~®RT PREVIOUS TOTAL CITY LIr1IT AREA ANNEX TOTAL T?!IS ORDINAPJCE DFA"dNEX i ~. f Wm. /!Ar(~nWF/U S/1R AC)Q ~ u ~ ® R T ~ PUBLIC HEARING DATE sQ. r1I. ORD. N0. SQ PiI. ~ 1ST READIPJG DATE -~lE;! TOTAL CITY LIr4IT AREA ~ SQ. r1I. ~ FINAL READING DATE EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name: Wall Price North Addition Location and Acreage Annexed: North of Thompson Road @ Old Denton Road . 99.196 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 sc h ed ul e A. Police Protection Service (1) Patrolling, responses to calls, and other routine police protection services, within the limits of existing personnel and eguiixnent, 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 utili zation, 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 develo~xxnent 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 thro ugho ut the City . B. Fire and Emergency Protection Service (1) Fire protection services by the pre sent 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 subd iv isions commence within this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the max imam level of fire and emergency ambulance sere ices consistent with the characteristics of topog raphy, land utili zation, and population density of the area, as deter- mined by the City Co uncil , within two and one-half (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. Page 3 C. Environmental Health and Code Enforcement Services (1) Enforcement of the City's env ironmental 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 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, plLUnbing, mechanical, elec- trical, 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 pr ov id a 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 . Page 4 . (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 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 utili ze all exist- ing recreational and leisure service facilities and sites throughout the City, beginning with the effective date of this ord finance . Page 5. (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 City . (3) Existing parks , playg rounds, 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 . Page 6 . (2) As develo~nent 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. 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 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 comple- tion, and maintenance after completion, shall apply. Page 7. (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 ithe City of Fort Worth with regard to participation in the costs thereof, 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 maintai~zed by the City of Fort Worth. Page 8. H. Water Services (1) Connection to existing City water mains 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 with applicable City policies, ordinances, end 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. Page 9. 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 (2-1/2) years from the effective date of the annexation ordinance, and/or upon commencement of develop- ment of a subdivision within the property, whichever occurs later. r A 1 Page 10. 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 administra- tive service of the City shall be available to the annexed area beginning with the effective date of the annexation ordinance. ~~'' !!.~ MACLEr: BILE ~i~~ ®~' 1F®~°~ `~ ®~°~~., ~~.~~5 ACCGUIJ TING 2. e///~/( l/'//~-, ~} ~ n ~fe/~/.'~~y,1 ./J/~~fo ~) TRANSNGRY'/1Tipf1'I'Ut161'~~~®~ ~~ ~1./®LL/W~~L/~lL `lJ®~U~IVW~W~I./'LWgiW®UW N a'fLR AGM UEYELGPMEI PLANNING•1 DATE REFERENCE NUMBER SUBJECT ANNEXP~TION - WALL PRICE NORTH PAGE 1.3 ADDITION (99.196 ACRES) 1 4-22-86 G-6646 ~ of-_.__ Recommendations It is recommended that the City Council approve the attached Annexation Time- table in order to annex the subject proK>erty in compliance with the require- ments of Article 970a of the Revised Civill Statutes of the State of Texas. Discussion Mr. James W. Schell, Attorney, acting on behalf of the New 100 Joint Venture, 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. A concept plan (C-86-7) was approved by the City Plan Commission on March 26, 1986. The Development Review Comittee approved the subject annexation request on March 20, 1986. The City Plan Commission recommended approval of the proposed annexation on March 26, 1986. Location The subject property is located north of Thompson Road at Old Denton Road (County Road 4048) and is in Council Distr°ict 2. APPROVED BY DAI • sbs CITY COUNCIL APR ~~ 1986 ~~k~~ ei~p seG~ta~- ~ t~@ City ai Fort North T , ¢7SQA SUBMITTED FOR IMt ~ / CITY MANAGER'S s ~ DISPOSITIGN BY COUNCIL. PROCESSED BY (''y// OFFICE BY ~ L APPROVED ORIGINATING [ OTHER (DESCRIBE) DEPARTMENT HEAD JOe Bilardi CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT J Loftus 8175 DATE