Loading...
HomeMy WebLinkAboutOrdinance 94015 w ~ Y ~ ORDINANCE N0. ~/ AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH, TEXAS; PROVIDING FOR THE ANNEXATION OF A CERTAIN 468.46 ACRES (0.73 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 INHABIT- ANTS 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 CUMULA- TIVE 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 terri- tory hereinafter described, was held in the City Council Chambers on the 30th day of April, 1985, which date was not more than forty (40) •_ days nor less than twenty (20) days prior to the 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 of the Municipal Office Building of Fort Worth, Texas, on the 14th day of May, 1985, 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 19th day of April, 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 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 3rd day of May, 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 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 468.46 Acres (0.73 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 corpo- rate 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 out of the F. Albright Survey, Abstract No. 1849, the J. Askew Survey, Abstract No. 16, and the A.S. Roberts Survey, Abstract No. 1262, situated in Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at, the most westerly southwest corner of the J. Askew Survey, said point also being a re-entrant corner of the A. Roberts Survey, and being approximately 1,100 feet west of the northeast corner of said Roberts Survey; _2_ THENCE Easterly along said common survey line a distance of 675 feet to a point; THENCE Northerly a distance of 966.5 feet to the POINT OF BEGINNING of tract of land herein described, said point also being the southwest corner of a 49.6 acre tract of land out of said J. Askew Survey as recorded in Volume 6265, Page 676, Deed Records, Tarrant County, Texas; THENCE East along the south line of said tract a distance of 2,075 feet to a point, said point being the southeast corner of a 19.15 acre tract of land out of the said Albright Survey, as recorded in Volume 6265, Page 676, Deed Records, Tarrant County, Texas; THENCE North along the east line of said tract a distance of 685 feet to a point; THENCE East a distance of 658.0 feet to a point, said point being the southeast corner of a 10.19 acre tract of land as recorded in Volume 6265, Page 676, Deed Records, Tarrant County, Texas, being the southeast corner of said tract; THENCE North along the east line of said tract a distance of 1,008 feet to a point in the south right-of-way line of W.J. Boaz Road (County Road No. 4123); THENCE East along the south line of said Boaz Road a distance of 1,050 feet to a point, said point being at the intersection with the south right-of-way line of Boaz Road and a southerly extension of the survey line between A.S. Roberts Survey, and the I&GNRR Company Survey, Abstract No. 834; THENCE North along said common survey line, crossing the W.J. Boaz Road, a distance of 2,016 feet to a point, said point being the northeast corner of a 200 acre tract of land, as recorded in Volume 2529, Page 161, Deed Records, Tarrant County, Texas; THENCE West along the north line of said tract a distance of 3,455 feet to a point in the east line of the W. Thompson Survey, Abstract No. 1559; THENCE South along said survey line a distance of 56.5 feet to the southeast corner of said Thompson Survey, said point also being a re-entrant corner of the A. Roberts Survey; THENCE West along the common survey line a distance of 2,996 feet to a point in the west line of said Thompson Survey, said point also being the northeast corner of said A. Roberts Survey; THENCE North with the west line of said Thompson Survey, a distance of 465.5 feet to a point, said point being the northeast corner of a 55 acre tract of land, as recorded in Volume 7374, Page 1036, Deed Records, Tarrant County, Texas; THENCE West along the north line of said tract a distance of 1,514 feet to a point, said point also being the northwest corner of said tract; -3- THENCE South along the west line of said tract a distance of 2,361 feet to a point in the south line of W.J. Boaz Road; THENCE East along the south right-of-way line of said Boaz Road, a distance of 865~feet to a point in the west right-of-way line of Bowman Roberts Road; THENCE South along the west line of said Bowman Roberts Road, a distance of 100 feet to a point being the exten- sion of the south line of the W.J. Boaz Road extending to the east; THENCE North 89° - 32' - 30" East along the south right-of-way line of said Boaz Road a distance of 1,414 feet to a point; THENCE North 00° - 27' - 30 West at 40 feet past the southwest corner of a 4.0 acre tract of land owned by Ben D. North and wife, Judy Boaz North as recorded in Volume 6526, Page 272, in all a distance of 621 feet to a point; THENCE North 89° - 32' - 30" East a distance of 300 feet to a point; THENCE South 00° - 27' - 30" East a distance of 258 feet to a point; THENCE North 89° - 32' - 30" East a distance of 169 feet to a point; THENCE South 00° - 27' - 30" East a distance of 363 feet to a point, said point being on the south right-of-way of said Boaz Road; THENCE North 89° - 32' - 30" East along the south right-of-way line of said Boaz Road a distance of 304 feet to a point; THENCE North 00° - 27' - 30" West at 40 feet past the southwest corner of a 1.0 acre tract owned by Elijio Guzman and wife, Nora Delva Guzman, as recorded in Volume 4706, Page 567, in all a distance of 368 feet to a point; THENCE North 89° - 32' - 30" East a distance of 125 feet to a point; THENCE South 00° - 27' - 30" East a distance of 37 feet to a point; THENCE North 89° - 32' - 30" East a distance of 15 feet to a point; THENCE South 00° - 27' - 30" East a distance of 331 feet to a point, said point being on the south right-of-way of said Boaz Road; THENCE North 89° - 32' 59" East along the south right-of-way of said Boaz Road a distance of 990.5 feet to a point, said point being the northwest corner of said 49.6 acre tract of land as recorded in Volume 6265, Page 676; -4- THENCE South along the west line of said tract 1,683.4 feet to the POINT OF BEGINNING and containing 468.46 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 refer- ence 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 accor- dance with the Service Plan and shall be bound by the acts, ordi- nances, 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 -5- 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 phrases, 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: CJ~.,.W Wade Adkins, City Attorney Date: S " ~ ~ - ~ ~ ADOPTED: EFFECTIVE: In -6- EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name: Northwest Meadows Addition Location and Acreage Annexed: Bowman-Roberts Road at W.J. Boaz Road. 468.46 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. (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. ~, Page 2. (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 one-half (2-1f2) 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 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. Page 3. (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) A11 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. (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. 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. (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 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 City. 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 in 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 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 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 (2-1/2) 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. 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. x% • 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. ' ,I J;rx~~ Aa"~.~ - fit ® F'~rt ~~rth, ~"excacs y:~ ~ .~ r GITY t;ANAGER•l' ACCOUPlTI(iG•2 ~~..Y/ ® U ~{..1V~~ ~®(LiV~ll/~~ ~®l/ U fN(/ U (V Il.~1Y~~~'1..WILi ({/®~IV TRAN.',PORTATiON~PUBLIC YeORK;..lif N ~ tER AO MIN~$7.~ Df~ELOPMEN DATIE.N ,~ REFERENCE Annexation - Northwest Meadows PAGE NUMBER Addition (468.46 Acres) 1 /16/85 G-6318 ' °`-"- PLANNING•1' Mr. James W. Schell, representing Boaz Road 67 Acre Joint Venture, Mr. Ken Klein, and Mr. James N. Summers, has requested annexation of 468.46 acres into 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 reviewed and recommended approval of the subject annexation request on February 21, 1985. The City Plan Commission recommended approval of the proposed annexation on February 27, 1985. Later, because of discrepancies in the metes and bounds property description and the actual annexation request, the applicant was required as a matter of law to re-advertise and re-post (on site) the intent to annex and to take the proposed annexation request to the March Development Review Committee and the City Plan Commission meetings for reconsideration. "The Development Review Committee approved the revised annexation request on March 21, 1985. The City Plan Commission recommended approval on March 27, 1985. A concept plan (C-85-1) for Northwest Meadows Addition was approved by the City Plan Commission on February 27, 1985. 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. Attachments DI:v ~~ +~~~~ AIP f~ l ~ ~s~~ ~~ ~~ . City Seosetary of the City of $s~i 3~R~~IRYA~ SUBMITTED FOR THE CITY MANAGER'S (1FFICE BY ORIGINATING DEPARTMENT HEAO• JOe B~ 1 ardi SUBJECT DISPOSITION BY COUNCIL: ^ APPROVED ^ OTHER (pESCRIBE) PROCESSED BY CITY SECRETARY I FOR ADDITIONAL IN FORM~gl~hne Loftu$ Ext 8175 CONTACT DATE