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HomeMy WebLinkAboutOrdinance 9334.,. ,_ _ .,,. ORDINANCE NO. AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUN- DARY LIMITS OF THE CITY OF FORT WORTH; PRO- VIDING FOR THE ANNEXATION OF A CERTAIN 197.023 ACRES (0.308 SQUARE MILES) OF LAND, MORE OR LESS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPOR- ATE 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 CON- FLICT HEREWITH; PROVIDING THAT THIS ORDI- NANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDI- NANCES 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 5th day of February, 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 annexa- tion of the territory hereinafter described, was held. in the City Council Chambers of the Municipal Office Building of Fort Worth, Texas, on the 19th day of February, 1985, which date was 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 pub- lished in a newspaper having general circulation in the City of Fort Worth, Texas, and in the hereinafter described territory on the 25th day of January, 1985, which date was not more than twenty (20) nor less than ten (10) days prior to the date of said public hearing; and ., y WHEREAS, notice of the second such public hearing was pub- lished in a newspaper having general circulation in the City of Fort Worth, Texas, and in the hereinafter described territory on the 8th day of February, 1985, which date was not more than twenty (20) 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 munici- pal services into the hereinafter described territory was pre- pared 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 197.023 acres (0.308 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 adja- cent 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 corporate boundary limits of said City, 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: -2- 1 •• r Boundary description for a tract of land out of the J. C. DISHMAN SURVEY, AB. -408; E. B. DISHMAN SURVEY, AB. -407 and J. JENNINGS SURVEY, AB. -873, Tarrant County, Texas, being Tracts One and Two as conveyed to C. Edgar Whitfill (His heirs or assigns), by deed recorded at Volume 2059, Page 151, within the Deed Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a stone found at a fence corner for the Southwest corner of said J. C. Dishman Survey and said Whitfill Tract One, said point being the Southeast corner of the J. M. Pickett Survey, Ab. -1238 and in the North line of the J. W. Haynes Survey, Ab. -781, said point also being a re-entrant "L" corner of that certain Tract No. 4 conveyed to Trans Canada Enterprises, Joint Ven- ture as recorded in Vol. 6764, Pg. 1761•, D.R., T.C., T.; THENCE with the fenced West line of said Whitfill Tract One and the line common to said J. C. Dish- man and Pickett ?Surveys, North Ol degrees 02 minutes 50 seconds West passing a fence corner at some 850 feet, 1300 feet, 1450 feet and the approximate West corner common to said J. C. Dishman and Jennings Surveys at 2380 feet, and continuing in all 2598.69 feet to a stone found at a fence corner for the Northwest corner of said Whitfill Tract One, said point also being the Southwest corner of that certain tract con- veyed to Fox and Jacobs, Inc., in Vol. 6820, Pg. 1353, D.R., T.C., T.; THENCE with a North fenced line of said Tract One and the South line of said Fox and Jacobs, Inc., property, South 89 degrees 41 minutes 20 seconds East passing a fence corner at some 1250 feet and 2100 feet and continuing in all, 2202.59 feet to an iron pin set 0.7 feet South of a fence line; THENCE South 0 degrees 15 minutes 16 seconds West, crossing the line common to said Jennings and J. C. Dishman Surveys at some 213 feet and continuing in all 703.19 feet to an iron pin set in a fence; THENCE South 89 degrees 44 minutes 44 seconds East 337.86 feet to an iron pin set at a fence corner in the line common to said Tracts One and Two and said J. C. Dishman and E. B. Dishman Sur- veys; THENCE, with a fence line, South 0 degrees 14 minutes 30 seconds East 433.55 feet to an iron pin set at a fence corner; THENCE, with a fence line, North 86 degrees 42 minutes 27 seconds East 1281.71 feet to an iron pin set 0.7 feet East of a fence corner, said point being in the East line of said Tract Two and. in the West line of Tract One as conveyed to Marable W. Cunningham by deed recorded in Vol. 6255, Pg. 731, D.R., T.C., T.; -3- THENCE, with the East fenced line of said Whit- fill Tract One, South 0 degrees 05 minutes 06 seconds East at some 660 feet the Southwest cor- ner of said Cunningham Tract One and the North- west corner of that certain tract conveyed to the Conveyor Corporation of America as recorded in Vol. 6532, Pg. 562, D.R., T.C., T. and continuing in all, 1834.72 feet to an iron pin found at a fence corner for the Southeast corner of said Whitfill Tract Two and the Southwest corner of said Conveyor Tract, said point being in the South line of said E. B. Dishman Survey and in the North line of the J. Wilcox Survey, Ab. -1743, said point also being in a North line of said Trans Canada Property; THENCE, with the South fenced line of said Whit- fill Tract Two, South 89 degrees 42 minutes 31 seconds West, passing the North corner common to said Wilcox Survey and the T. O. Moody Survey, Ab. -1070 at some 490 feet and continuing in all 1278.98 feet to an iron pin found at a fence cor- ner for the Southwest corner of said Tract Two and said E. B. Dishman Survey; THENCE North 0 degrees 15 minutes 44 seconds West 322.84 feet to a stone found at a fence corner for the Southeast corner of said Whitfill Tract One, said point also being the Southeast corner of said J. C. Dishman Survey; THENCE, with the most Southerly fenced line of said Tract One, South 89 degrees 55 minutes 27 seconds West passing a fence corner at some 450 feet, the North corner common to said Moody and Haynes Surveys at 630 feet and continuing in all 2493.50 feet to the point of beginning, contain- ing some 197.023 acres of land. The property described herein is subject to cer- tain underground telephone cables, overhead elec- tric lines and a sanitary sewer easement as con- veyed by description or occupied on the ground as delineated by a survey plat of even date showing their proximity to subject property lines. SECTION 2. That the above described territory is shown on a map on file in the office of the City Secretary of the City of Fort Worth, Texas, which map is expressly incorporated herein by reference for the purpose of illustrating and depicting the location of the hereinabove described territory. -4- SECTION 3. That the above described territory hereby annexed shall be part of the City of Fort Worth, Texas, and the property so added 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 the rights and privileges of all the citizens in accord- ance 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 pro- viding for the extension of municipal services into the area to be annexed, said Service Plan having been prepared prior to pub- lication of the notice 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 ordi- nance 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, senten- ces, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incor- poration 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, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ~.~. k - ~ s Wade a- ~~-~, City Attorney ADOPTED: 3 - ~a - ~ s EFFECTIVE: -6- SCALE 1 "= 2000 EXHIBIT ~~A~~ DEPARTMENT a0F DEVELOPMENT ~~ CORPORATE BOUNDARY CHANGE - CITY OF FORT WORTH PROJECT FILE NO AREA Of FORT PREVIOUS TOTAL C1TY LIMIT AREA TOTAL TIlIS ORDINANCE ANNEX DEAPJNEX -~JE;J TOTAL CITY LIMIT AREA W O R T N PUBLIC NEARING DATE sQ r1I. ORD. N0. SQ P1I ~ 1ST READIfJG DATE SQ r•1I , F 1 NAL READING DATE EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name: Southgate Addition Location and Acreage Annexed: North of Risinger Road and east of McCart Street. 197.023 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 (2-1j2) 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) 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. (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 Worthy 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. ~:r a: .1 *:ii` 1 .~ e. *3 _ .i. 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. ~~ C€ff.-F'llk 1 ~~ ~R~ _ ..~• r„ • -• ACCOUNTING•z ~ ,~/ vy®~ TRANSPpIITATION~pUgLIC .WGRKSJB\\V'/1/1/ ,W7 DEVELppMENl.3 PLANNING.1 City of Fort W~h, `Texas and Coa,~ncal Cor-~ma.~nicatiorc DATE REFERENCE SUBJECT Annexation -Southgate PAGE 1/15/85 NUMBER Addition (197.023 Acres) 1 G-6220 t or Mr. David Skinner, President, Skinner Properties, Inc., has requested annexa- tion of 19T.023 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 attached map (Exhibit "A") and the Staff Information Report. The Development Review Committee approved the subject annexation request on December 20, 1984. The City Plan Commission recommended approval of the pro- posed annexation on January 2, 1985. A preliminary plat (P-84-95) was approved by the City Plan Commission on January 2, 1985. Recommendation 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. DI:cdev Attachments APP~O~'ED BY CITd CQUNCBL / X11/' / 1'~. ~ll~yy /~/LL~ Ciiy Secretary of the 'ifp of Poi '~ , X 8 SUBMITTED FOR THE CITY MANAGER'S ~ DISPOSITION BY COUNCIL: PROCESSED BY ~ tIFFICE BY• O APPROVED ORIGINATING DEPARTMENT HEAD: JOe Bilardi Q OTHER (DESCRIBE) CITY SECRETARY FOR ADDIf10NAL INFORM/~a1PNene Loftus Ext. 8175 CONTACT J O DATE