HomeMy WebLinkAboutOrdinance 9361a
ORDINANCE NO. q:y
AN ORDINANCE DECLARING CERTAIN FINDINGS;
PROVIDING FOR THE EXTEN5'IO-N OF CERTAIN
BOUNDARY LIMITS OF THE CITY OF-FORT WORTH,
TEXAS; PROVIDING FOR THE ANNEXATION OF A
CERTAIN 1.76 ACRES (0.003 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 on the 5th day
of March, 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 Building of Fort
Worth, Texas, on the 19th day of March, 1985, which date was no 0
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 22nd day of February, 1985, which date was not more than
twenty (20) days nor less than ten (10) days prior to the date
of 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 8th day of March, 1985, which date was not more than
twenty (20) days nor less than ten (10) days prior to the date
of such public hearing; and
WHEREAS, prior to the publication of the notices of public
hearing, 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 1.76
acres (0.003 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 in-
cluded within the 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:
SITUATED in Tarrant County, Texas, and being
a tract of land out of the Daniel McVane
Survey, Abstract No. 1061, the Shelby County
School Lands Survey, Abstract No. 1375, and
the Michael Ozee Survey, Abstract No. 1187,
and being more particularly described
to -wit:
BEGINNING at an iron pin on the South line
of Daniel McVane Survey, same being the
point of intersection of the West
right -of -way line with the South
right -of -way line of Forest Hill - Everman
Road (County Road #1004), said point being
South 89 degrees 56 minutes 58 seconds West,
20.00 feet from the Southeast corner of said
McVane Survey, and being the present Fort
Worth limits;
THENCE North 00 degrees 36 minutes East with
said West right -of -way and City Limit line,
1338.50 feet to a point on the North line of
said McVane Survey, same being the South
line of the Shelby County School Lands
Survey, and being the point of intersection
with the South right -of -way line of Forest
Hill - Everman Road (County Road #1004);
THENCE South 89 degrees 50 minutes West,
with said common survey and City Limit Line,
and with said South right -of -way line,
405.72 feet to a point of intersection with
the West right -of -way of Forest Hill - Everman
Road;
THENCE North 01 degrees 05 minutes West,
with said West right -of -way and City Limit
Line, 36.4 feet to a point of intersection
with the projected North right -of -way line
of Forest Hill - Everman Road;
THENCE South 89 degrees 23 minutes East,
along and with the projected and existing
North right -of -way line, 446.50 feet to a
fence corner post for the intersection with
the East right -of -way line of Forest
Hill - Everman Road;
THENCE South 00 degrees 38 minutes West,
with said East right -of -way line, 1257.10
feet to a point of curvature on a curve to
the left;
THENCE Southeasterly with said curve having
a central angle of 86 degrees 09 minutes 44
seconds, a radius of 80.00 feet, through an
arc length of 120.31 feet to the point of
tangency on the North right -of -way of Forest
Hill - Everman Road;
THENCE South 85 degrees 32 minutes East,
with said North right -of -way, 255.97 feet to
a point of intersection with the East
right -of -way line of said Forest
Hill- Everman Road;
THENCE South 00 degrees 18 minutes East,
with said right -of -way line, 10.95 feet to a
point for a corner on the South line of said
Michael Ozee Survey and the present City
Limit Line;
THENCE South 89 degrees 57 minutes West,
with said survey and City Limit line, 369.41
feet to the POINT OF BEGINNING and
containing 1.76 acres of land, more or less.
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 in corporated 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 inhabitants
thereof shall be entitled to all 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 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 the ordinance of any unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 7.
That the 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.
A PROVED AS TO FORM D LEGALITY: 0-4�
Wade Adkins, City Attorney
ADOPTED:
EFFECTIVE:
11
EXHIBIT X
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Name: Daniel McVane Survey, Michael Ozee Survey, and Shelby
County Lands Survey
Location and Acreage Annexed: Forest Hill - Everman Road north
of McPherson Road. (1.76 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 -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.
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
thisrarea 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 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.
(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
Y
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.
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.
SCHOOL LAND
A — 13.75 6
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MICHAEL. WEE SUR.
cr-
A— 1187
............ .04,
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F.
SCALE. I DEPARTMENT t —0 F —6—E V—E CO PM ffN fddftbb.
C O R P O R A T E B O U N D A R Y C H A N G E C I T Y OF F O R T W 0 R T N
PROJECT, FILE NO
A R E A 0 F F 0 R T W 0 R T H PUBLIC HEARING DATE
PREVIOUS TOTAL CITY LIMIT AREA
'Q- "I ORD. NO.
TOTAL THIS ORDINANCE ANNEX SQ MI
DEANNEX 1ST READING DATE
NEW TOTAL CITY LIMIT AREA SQ. MI. FINAL READING DATE
zV-MAS'f-i FILE 1 y
G� ",
v. CITY MANAGOK 1 City of Fort or t Worth Texas
ACCOUNTING 2
TRANSPORTATIONIPUBLIC V -a 8 j/, or and Council Communication
PLANNING - I
DEV ELOPMEN
3DATE REFERENCE __SUBJECT ANNEXATION - DANIEL MCVANE SURVEY, PAGE
NUMBER MICHAEL OZEE SURVEY, AND SHELBY COUNT 1
2/19/85 G -6255 SCHOOL LANDS SURVEY (1.78 ACRES) tofu
Mr. E. A. Hott, owner of the subject property, 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 attached map (Exhibit "A ") and the
Staff Information Report.
The Development Review Committee approved the subject annexation request on
January 24; 1985. The City Plan Commission recommended approval of the
proposed annexation on January 30, 1985. A concept plan (C -83-9) was submitted
to the City Plan Commission and was approved on August 24, 1983.
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.
kI tt �.chment s
DAlaua
SUBMITTED FOR THE, ��
ITY nFFI EASY GE
R'S / ulle
ORIGINATING (�
DEPARTMENT HEAD: Joe Bilardi
FOR ADDITIONAL INFORfdO1ON
CONTACT JJ Loftus Ext . 8175
APPROVED BY
CITY COUNCIL
FEB 19 1985
16 bgl,
City Seosetary of the
City of Fen sera" Ulm
DISPOSITION BY COUNCIL. PROCESSED BY
❑ APPROVED
❑ OTHER (DESCRIBE)
CITY SECRETARY
DATE