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HomeMy WebLinkAboutOrdinance 9516ORDINANCE N0. 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 98.28 ACRES (0.1536 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 NAVE 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 Co`~uncil Chambers, on the 8th day of October, 1985, which date is u not more than forty (40 ) days nor 1 ess 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 October, 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 27th day of September, 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 11th day of October, 1985, which date wasllot more than twenty (20) days nor 1 ess 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 serv ices into the hereinafter described territory was prepared for i nspection 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 98.28 acres (0.1536 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 i s 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 1 imits 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-wi t = - 2 - -,,. BEING a 98.28 acre tract of 1 and in the E1 i W. Shriver Survey, Abstract No. 1455, Tarrant County, Texas, and also being that tract of land d escribed in a deed to E. Systems, Inc. Pool Trust and recorded in Volume 7677, Page 1664, County Records, Tarrant County, Texas, said 98.28 acre tract i s more particul arly describe d by metes and bounds as follows. BEGINNING at a 1/2 inch iron found at the intersection of the south right-of-way line of Shiver Road (County Road 4100) and the east right-of-way of North Beach Street (County Road 4053 ), THENCE S 89° 26' 15" E, with the south right-of-way line of said Shiver Road and generally along a fence, a distance of 1,262.25 feet to a 5/8 inch iron pin found by a fence post at the northwest corner of a tract of land described in a deed to Alta Vista Group (A Joint Venture) and recorded in Volume 7474, Page 305, said County Records; THENCE S 00° 04' 57" E, with the west line of said Alta Vista Group tract and generally along a fence a distance of 3,387.18 feet to a 1/2 inch iron pin found at a fence post at the southwest corner of said Alta Vista Group tract and in the north 1 ine of a tract described in a deed to Mary Ray Hall and Martha Ne11 Thompson and recorded in Volume 6139, Page 111, said County Records, THENCE S 89° 52' 51" W, with the north line of the said Hall Thompson tract and generally along a fence, 1,141.20 feet to a 1/2 i nch i ron pi n found, ~ THENCE N 48° 42' 58" W, with the northerly 1 ine of the said Hall and Thompson tract and generally along a fence, 140.17 feet to a 1/2 inch iron pin found in the east right-of-way line of the aforementioned Beach Street; THENCE N 07° 10' 59" W, with the east right-of-way line of said Beach Street, 146.63 feet to a 5/8 inch iron pin with the cap stamped "Carter & Burgess" set, THENCE N 00° 02' 23" W, with the east right-of-way line of said Beach Street, 3,163.99 feet to the POINT OF BEGINNING and containing 98.28 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 depicti ng 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. -3- SECTION 4. That attached hereto, marked Exhibit "X" and incorporated herein for all purposes incident hereto, is a Service Plan ~roviding 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 a ordinance in conflict herewith, but as to all other ordinances or sections of ordinances not in direct confl ict, this ordinance shall be, and the same i s 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. 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: ClL-6f./ - Wade Adkins, City Attorney DATE t(-[Z-~` ~ ADOPTED: EFFECTIVE: -4- <•. F;: ~' :. .:i: .~. t: . ~. 3~~ ,k". i ~'+' `::! PREPARED BY SCALE 1"=2000' EXHIBIT "A"I DEPARTMENT OF DEVELOPMENT I~~ CORPORATE BOUNDARY CHANGE - CITY Of FORT WORTH PROJECT FILE NO AREA Of FORT W O R T H SQ r1I PUBLIC HEARING DATE PREVIOUS TOTAL CITY LIMIT AREA TOTAL T!!IS ORDINArdCE ANNEX DEA^JNEX -~E;! TOTAL CITY LII~IT AREA ORD. N0. SQ r1I 11ST READIfJG DATE SQ r1I I FINAL READING DATE EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name• Alta Vista Estates Addition Location and Acreage Annexed. Shiver Road at North Beach Street (98.28 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 devel opment 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, wi thi n 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 devel opment and construction of subdivisions commence within this area, sufficient fire and emergency ambulance equipment wil l be provided to furnish thi s 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- mi ned by the City Counc i 1 , wi thi n two and one-hal f (2-1 /2 ) years from the date of adoption of the annexation ordi- nance, or upon commencement of development with thi s area, whichever occurs 1 ater. (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 al l other construction codes wil l 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 beginnirng 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 envi ronmental 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 facil i ties and sites to serve thi s 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 pool s 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 utilising 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. Streets, Storm Drainage and Street Lights (1 ) The City of Fort Worth' s existing pol icies 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 deve] opment, improvernent 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- ti,on, and maintenance after completion, shall apply. Page 5. (3 ) The same' 1 evel of maintenance shal l 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 in the costs thereof, accep- tance upon completion, and maintenance after completion, shall apply. (5 ) Street 1 fights installed on improved public streets shal 1 be maintained by the City of Fort Worth i n 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 devel opment 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 1 ater. I. Sanitary Sewer Services (1) Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided i n accordance with existing City ordinances and pol ivies. Upon connection, to existing sanitary sewer mains, sanitary sewage service will be provided at rates established by City ordinances for such service a,t 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-hal f (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 1 ater. 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. r ~~_ kr ' ~~I s "r1r,rt'n t'tit;•t ~'° ~~%(~'~~~ ~ f' ~~~~ ~,Iorth, ~exc~s n~ rirr7i;r ~ t ~//~r~//1~ ~ n ~° /~ ~J~///7/y 1q,/~-, n~wRfgp/ nnp~~ /s-.~//v1p, (/~~(//~~/~~ ~/-/y '1nnl ~'Qr.11TIrJr11PUBLlG 'YOV[~1C.Y..WILJf~U '~.W~ILtV `V®~uIV~~IV ~®~~'+'~'Y'~'~`r~^"~~®° HotER AiININIt PLANNING-1 DEVEL(1PMENi nOATE REFERENCE NUMBER SUBJECT PAGE 1 9-24-85 G-6441 ANNEXATION - ELI W. SHRIVER tof RECOMMENDATI-0NS 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. .HISTORY Mr. David L. Moritz, acting on behalf of the 98-Acre North Beach Shriver Joint Venture, 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. No requests for plattiny or zoning of this property have been received. The Development Review Committee approved the subject annexation request on August 22, 1985 on the condition that a Concept Plan is submitted as soon as possible. The City Plan Commission recommended approval of the proposed annexation on August 28, 1985. DAI gbgq APPROVED BY CITY COUNCIL E P 2~ 1985 S // ,,~~ ~Z., ~~%~~~~~ Clty SeoYe.Q y U :1@ City of Fort Worth Texcss SUBMITTED FOR THE ~ CITY MANAGER'S ~/J ~ ~ DISPOSITION BY COUNCIL: APPROVED PROCESSED BV ~~ CIFFICE BY ~~~LLL (~C-~L ~~~11\..SSS~~~~'LLL ^ ORIGINATING ~I ~ DEPARTMENT HEAD• JOe Bi I alnd~ ^ OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL IN FORMAT{Q~ene Loftus Ext. 8175 ~1O DATE CONTACT