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HomeMy WebLinkAboutOrdinance 9583 ;~ ,o. .. ORDINANCE NO. !~~ AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS Or' THE CITY OF FORT WORTH; PROVIDING FOR THE ANNEXATION OF A CERTAIN 152.503 ACRES (0.2383 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 21st day of January, 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 4th day of February, 1986, 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 the City of Fort Worth, Texas, and in the hereinafter described territory on the 10th day of January, 19$6, 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 24th day of January, 19$6, 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 -2- WHEREAS, the hereinafter described territory contains 152.503 acres (0.2383 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 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 152.503 acre tract of land situated in the Abner H. Hodge Survey, Abstract No. 1789, and the J.W. Asbury Survey, Abstract No. 52, Tarrant County, Texas, and being a portion of that certain tract of land as described by deed to Buford Scott and recorded in Volume 1790, Page 105, Deed Records, Tarrant County, Texas, said 152.503 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a point in the south right-of-way line of Old Cranbury Road (County Road No. 1089), said point being the northwest corner of a tract of land as described by deed to Pentiction Investment -3- Corporation and recorded in Volume 6766, Page 2321, said deed records, said point also being in the northwest corner of the existing city li mit line; THENCE south 000 - 22' - 00" east, a distance of 2'681.16 feet along said city limi t line to a point; THENCE south 89° - 46' - 30" west, a distance of 2403.76 feet to a point; THENCE north 22° - 04' - 10" east, a distance of 77.82 feet to a point; THENCE north 30° - 49' - 55" west, a distance of 287.36 feet to a point; THENCE north 67° - 22' - 10" west, a distance of 497.21 feet to a point in the easterly right-of-way line of the A.T. & S.F. Railroad; THENCE north 270 - 05' - 55" east, a distance of 2505.59 feet along said easterly right-of -way line to a point at the intersection of said easterly right-of-way line and the northerly right-of-way line of said Old Granbury Road; THENCE south 890 - 59' - 40" east, a distance of 1822.20 feet along said northerly right-of-way line to a point; THENCE south 000 - 00' - 20" west, a distance of -50.00 feet across Old Granbury Road to the POINT OF BEGINNING and containing 152.503 acres 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 -4- added hereby shall bear its pro rata part of the taxes levied t 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 phrases of this ordinance are severable, and if any phrase, clause,, sentence, paragraph or section of this ordinance shall -5- 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: ~~L/~ UfPuTy, ..ii~lic.~c., City Attorney DATE : /~ - ~ Q ~ t ADOPTED: ~~ EFFECTIVE: / -6- z rr_ n v vv~ ~ . SUR. 453 / - - -- k t `~ BEN THOMAS .r---- .ST. FRANCIS, VILLAGE RD.I _~ ~o-~ PREPARED BY DEPARTMENT OF DEVELOPMENT® CORPORATE BOUNDARY CHANGE - CITY OF FORT WORTH PROJECT FILE NO AR EA O F FORT WORTH PUBLIC HEARIPJG DATE PREVIOUS TOTAL CITY LIMIT AREA SQ P"I ORD. N 0. ANNEX TOTAL Tl~IS ORDINANCE DEA°dNEX ~JE1-J TOTAL CITY LIMIT AREA SQ ~1I , 1ST READIPJG DATE SQ P1I I FINAL READING DATE j i SCALE 1 " = 2000' EXHIBIT ~~A~~ EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name: Southbend Addition Location and Acreage Annexed : S o u t h w e s t o f T h e M e a d o w s Addition along County Road 1089. 152.503 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 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. 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 Fort Worth, but not mentioned above, will be provided to 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. 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 Li hts (1) The City of Fort Worth's existing policies with regard to ,street maintenance, applicable throughout the 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, 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 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. r 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. MASTER FILE+i': ~ .. ACGOtILNTING-E e'r ~ZL LL-JI ®~ ll ®Y Il. V V' ®Y G.U ILA ~~L~'1JL~71 ~T.I2ANSPORTATION~ar~BLIG .s OR a~ ®~ ~.~/ U WtWi ~®LL/4V U !V LL/ lV ~ ~®(/ (/ W 0 U lV !L/tL ll W~~V'LiW ~ ~® U lV HATER AG MINISTRA'iic)F1 3 UES'.ELUP_MEN p~:aroNlNa t'JDATE REFERENCE SUBJECT A-85-23 ANNEXATION - SOUTHBEND PAGE NUMBER ADDITION (152.503 ACRES) 1 1-7-86 G-6529 ) 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. James W. Schell, acting on behalf of the Southbend 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. The Development Review Committee approved the subject annexation request on November 21, 1985. The City Plan Commission recommended approval of the proposed annexation on November 27, 1985. A concept plan (C-85-22) was approved by the City Plan Commission for the subject property on November 27, 1985. DAI:umcdev2 APPFO1lE~ ~Y CITY CaI~N~~t AN 7 {g$8 J // /~ ,,~~ City Secretary of tha City of Fort , SUBMITTED FOR IHt CITY MANAGER'S ~ DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY ~ APPROVED ORIGINATING Joe Bi 1 ardi DEPARTMENT HEAD G OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFORMATION, Loftus 8175 CONTACT DATE