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HomeMy WebLinkAboutOrdinance 9689ORDINANCE N0. ;z~~~ 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' 1,003.94 ACRES (1.569 SQUARE MILES) OF LAND, MORE OR LESS, WNICH 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 8th day of July, 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 22nd day of July, 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 27th day of June, 1986, 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 11th day of July, 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 publ i c 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 1003.94 acres (1..569 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 tract of land in the William McCowen Survey, A-999, Tarrant County, Texas and embracing three parcels of land, the first being described in deed to Guy Foley and A.A. Allen as recorded in Volume 1663, Page 208, County Records, Tarrant County, Texas, the second parcel being describedi n deed to Robert A. Buschman, Trustee, as recorded in Volume 5998, Page 745, County Records, Tarrant County, Texas, and the third parcel being described in deed to H.R. Perot in Volume 8127, Page 1323, County Records, Tarrant County, Texas. Said tracts are more particularly described as follows: BEGINNING at a set steel rod for the southeast corner of Josiah Walker Survey, A-1603, said corner also being an ell corner of the William McCowen Survey, said point being in County Road No. 4105 (Harmon Road), said point also being the most northerly northeast corner of that certain tract shown as Tract 2, in the Warranty Deed from Southland Life Insurance Company to Guy Foley and A.A. Allen as recorded in Volume 1663, Page 208, Deed Records, Tarrant County, Texas; THENCE South 0° 03' 21" West along the easterly west line of said Foley and Allen tract 4067.91 feet to an "X" marked in a set stone for corner; -3- THENCE South 89° 56' 57" East generally with a fence line 1576,08 feet to a Texas Highway Department Monument in the west right-of-way line of Interstate Highway 35-W, said monument being the northwest corner of a tract conveyed to the State of Texas by A. A. Allen, et al , by judgment from the County Court at Law of~Tarrant County and filed in Volume 4186, Page 386, Deed Records, Tarrant County, Texas, THENCE South 0° 04' 43" East along the west right-of-way line of said highway and said tract to the State of Texas 2919.57 feet along a fence line to a Texas Highway Department monument, THENCE South 89° 56' 33" West with a fence line, 243,68 feet to a set steel rod, the northwest corner of a 145.3-acre tract as recorded in Volume 1663, Page 208, Deed Records, Tarrant County, Texas; THENCE South 0° 15' 15" West generally with a fence line along the west line of said 145,3-acre tract 954.26 feet to a steel rod, said point being the northwest corner of said parcel being described in deed to Robert A. Buschman as recorded in Volume 5998, Page 745, County Records, Tarrant County, Texas, THENCE South 0° 20' 52" West generally with a fence line along the west line of said 145,3-acre tract 293.17 feet to a steel pin, said point being the northwest corner of said parcel being described in deed to H,R. Perot as recorded in Volume 8127, Page 1323, County Records, Tarrant County, Texas, THENCE South 89° 58' 47" East along a fence line 246.70 feet to an iron pin, THENCE South 00° 00' 15" West along a fence line 2515,20 feet to an iron pin, THENCE South 43° 34' 25" East 0.53 feet to a concrete highway monument; THENCE South, 1166.13 feet along the west line of a tract of land deeded to the State of Texas as recorded in Volume 3990, Page 382, County Records, Tarrant County, Texas, to a concrete monument, THENCE South 89° 55' 41" West, along a fence line 3722.22 feet to an iron pin for the southwest corner of said tract, THENCE North 32° 26' West, 696.31 feet to a concrete monument, THENCE North 22° 56' West, 323.34 feet to a fence post, THENCE South 81° 26' West, 26.55 feet to a metal spike in the centerline of County Road No. 4105, -4- THENCE North with the centerline of said road 4547.0 feet to a nail in the center of County Road No. 4105, said point being the southwest corner of said parcel being described in deed to Guy Foley and A.A. Allen as recorded in Volume 1663, Page 208, County Records, Tarrant County, Texas, THENCE North along the west line of said McCowen Survey along Harmon Road 6538.37 feet to a set steel rod for the most westerly northwest corner of said William McCowen Survey, A-999, THENCE South 89° 03' 23" East along Harmon Road and the most southerly north line of said McCowen Survey and the south line of said Josiah Walker Survey, A-1603, 2671.40 feet to the PLACE OF BEGINNING and containing 1003.94 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. 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 -5- 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 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. -6- 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 XXUII of the Charter of the Gity of Fort Worth, Texas, and it is so ordained. eapanvFn AC TO FORM AND LEGALITY• ADOPTED• EFFECTIVE: -7- DATE • /~ - g ~ ,gb ~ G L Env/S / W/aL/rER SUR /603 ~ i SUR 966 _ _ G®LDEN HEIG w z -' H. I ~O ROBERTSON _.._...__ w_.. ._.._.., ._. a SUR /259 ' Ism HICKS anon .,,.,~ /600 ~ a J m SCALE 1 " = 2000' Mc COWE/V EXHIBIT "A" N TRIANGLE CORPORATE DOUNDARY CHAId6E -- CITY OF FORT WORTH PROJECT FILE NO AREA O F F O R T VV O R T H PUBLIC HEARIrJG DATE PREVIOUS TOTAL CITY LIMIT AREA ? SQ r1I 0 R D. N ®. TOTAL TFlIS ORDINANCE ANNEX SQ P1I 1ST READIfJG DATE DEA:"JNEX IJE11 TOTAL CITY LIr•1IT AREA SQ r1I FINAL READING DATE „~. EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name: Park North Addition Location and Acreage Annexed: North of U.S. Highway 287 and West of I.H. 35 West 1003.94 Acres County: Tarrant Municipal Services to the acreage described above shall be f urnished 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. Pag e 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 deter- mined by the City Council, within two and ane-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 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 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, plumbing, 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 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. Pag e 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 utilize all exist- ing recreational and leisure service facilities and sites throughout the City, beginning with the effective date of this ordinance. 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, 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. Page 6. (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. 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 the 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 maintained 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, 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 s-ubdivision 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. 1 • . • ~ L 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. htA~l-E1F'€tCE 2J ~ -w ACCOUNTING.2 ~/J( ~'f/~11 p®r1W ~//7-'11 ,f // ~,/l~~ ~(~,f1~1) // (- ©U U lV~~ll/lV~~if1T/J'~`~®T'1) 7RANSPDRTATIDNtP.UBLIC. vW'O~RK~&I+ji~~((f~/~ J/ I(,Iji U (li(1,(V ((l/ (L1V t(~ ((i(J. \~/ lV 11,(1 ((i U lli 1A ,4fER AD PING-~ ~~ IIND~TdE17iUN 9; REFERENCE suB~ECr ANNEXATION-PARK NORTH ADDITION PAGE NUMBER (1003.94 ACRES) 1 ~~ 6-17-86 G-6702 1 of.,__ Recommendations It is recommended that the City Council approve the attached annexation time- table in order to annex the subject property in compliance with the require- ments of Article 970a of the Revised Civil Statutes of the State of Texas. Discussion Mr. William R. Koenig, General Partner, Lgio Partnership, has requested annexa- tion 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-85-10) for Park North Addition was approved by the City Plan Commission on June 26, 1985. A concep"t plan (C-85-3) for Buschman Park Addi- tion (portion of th`e proposed annexation area) was approved by the City Plan Commission on March 27, 1985. On May 28, 1986, the City Plan Commission approved a revised concept plan (C-86-9) for Park North Addition (combining the older Park North and Buschman Park Addition concept plans). The Development Review Committee recommended approval of the subject annexation request on February 20, 1986. The City Plan Commission recommended approval of the proposed annexation on February 26, 1986. Location The subject property is located north of U.S. Highway 287 and west of I.H, 35 West in far north Fort Worth and will become apart of City Council District 2. APPROVED BY. CI1`Y COUNCIL JUN 24 1$~6 DAI sdevmc City 8eoxataxy of the City of Fort Worth, Taxae Attachment SUBMITTED FOR tttt CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE 8Y ^.. APPROVED ORtGtNAT(NG ~ OTHER (DESCRIBE) ~ DEPARTMENT HEAD Joe Bilardi CITY SECRETARY _ FGR ACDiTIONAL INFORMATION ! CONTACT J. Loftus DATE