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HomeMy WebLinkAboutOrdinance 9362il~ ~ ORDINANCE NO. 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 64.9594 ACRES (0.101 SQUARE MILES) OF LAND, MORE OR LESS, ,WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT 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 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 in the Municipal Office Building of Fort Worth, Texas, on the 19th 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, 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 (10) days prior to the date of such public hearing; and d 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 March, 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 munici- pal services into the hereinafter described territory was pre- pared for inspection by and explanation to the inhabitants of the area to the 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 64.9594 acres (0.101 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 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: TRACT I BEING a portion of a 48.715 acre tract of land out of the R. R. Ramey Survey, Abstract number 1341 as recorded in Volume 7320, Page 430, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: -2- COMMENCING at the northwes~t~ - corner of said 48.715 acre tract, said point also being on the east right-of-way line of Cooks Lane; THENCE north 89 degrees 27 minutes 24 seconds east a distance of 271.03 feet to the Fort Worth City Limit Line and the Point of BEGINNING; THENCE north 89 degrees 27 minutes 24 seconds east a distance of 2215.48 feet to an iron pin; THENCE south 00 degrees 18 minutes 40 seconds east a distance of 783.33 feet to an iron pin; THENCE south 89 degrees 19 minutes west a distance of 2565.15 feet to the Fort Worth City Limit Line; THENCE along said Fort Worth City Limit Line as follows: North O1 degrees 13 minutes 25 seconds east 248.55 feet; North 04 degrees 58 minutes 40 seconds east 76.92 feet; North 14 degrees 47 minutes 45 seconds east 61.77 feet; North 13 degrees 02 minutes 20 seconds east 37.12 feet; North 36 degrees 54 minutes 26 seconds east 40.20 feet; North 35 degrees 43 minutes 21 seconds east 71.96 feet; North 36 degrees 35 minutes 56 seconds east 92.23 feet; North 42 degrees 12 minutes 26 seconds east 279.90 feet; to the point of BEGINNING and containing 44.6415 acres of land. TRACT II BEING a portion of a 50.0 acre tract of land of the R. R. Ramey Survey, Abstract No. 1341 as recorded in Volume 396, Page 325, Deed Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point in the south line of said 50.0 acre tract, said point being north 89 degrees 31 minutes east 802.20 feet from the southwest corner of said 50.0 acre tract to an iron pin; -3- THENCE North 14 degrees 30 minutes east a distance of 277.08 feet to an iron pin; THENCE along a curve to the right having a radius of 460.0 feet a long chord bearing north 48 degrees west 222.57 feet an arc distance of 224.80 feet to an iron pin; THENCE along a curve to the left having a radius of 400 feet a long chord bearing north 62 degrees west 375.58 feet an arc distance of 390.95 feet to an iron pin; THENCE west a distance of 150.0 feet to the Fort Worth City Limit Line; THENCE north along said Fort Worth City Limit Line 225 feet east of and parallel to the centerline of Cooks Lane a distance of 185.20 feet; THENCE south 89 degrees 31 minutes east a distance of 1336.49 feet to an iron pin; THENCE south 34 degrees 22 minutes east a distance of 277.95 feet to an iron pin; THENCE south 13 degrees 18 minutes east a distance of 260.65 feet to an iron pin; THENCE south 28 degrees 47 minutes east a distance of 130.05 feet to an iron pin; THENCE south 24 degrees 45 minutes east a distance of 201.77 feet to an iron pin; THENCE south 89 degrees 31 minutes east a distance of 1122.80 feet to the Point of BEGINNING and containing 20.3179 acres of land. 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. 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 accordance with the Service Plan and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. -4- 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 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 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. -5- 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. APPROVED AS TO FORM AND LEGALITY: Wade Adkins, City Attorney Adopted: Effective: WA:td -6- EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name: R. R. RAMEY SURVEY #1341 Location and Acreage Annexed: South and east of Cook's Lane at Meadowbrook Drive, 64.9594 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 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 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. ,.a, t r 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. 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. NO SCALE SCALE ~- EXHTBI1' "A" CORPORATE BOUNDARY CHANGE PROJECT AREA O F f O Rt PREVIOUS TOTAL CITY LIMIT AREA TOTAL TiIIS ORDINANCE ANNEX DEANNEX !JEl~! TOTAL CITY LIt4IT AREA D.Zw.PARTMEIYT_~QF .N.~YEt,4PM~N~' ~.. -- CITY Of FORT WORTN - --- - ------ I FILE N0. w ® R T H PUBLIC HEARING DATE sQ raI 0R0, N0. SQ. MI.~ 1ST READING DATE SQ. t~1i. ~ FINAL READING DATE ys>,, «:R ~x. r f ,~ $~~~-d~E.~,~` ~ ~ City of Fort ~~h, ~'exas CITY MANAGL'R 1 ACCgU(tTINr~ 2 10~Ca yob aid Council Commute (L!1/~~ IY®U 'iftANSP6RTATION~E'UOLlC WORKS•6 we'rErr nnne~NlgTft F~~2C ADhSIf~7STR41 DATE REFERENCE SUBJECT ANNEXATION - R.R. RAMEY SURVEY 4~ 341 PAGE a'rlar~ a NUMBER (64.9594 Acres) 1 2/19/85.. ., G-6256 tot Mr. Weldon G. Ward, President, Dominion Properties, Inc., has requested annexation of 64.9594 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. History Prior to August 21, 1980, the subject site was within the Fort Worth City limits. However, by Court order, effective August 21, 1980, in the lawsuit styled Dick Hyde, et al vs. City of Fort Worth, Cause No. 153,50552-78, 409.6 acres of land was disannexed from the City of For Worth, including the subject cite. The Judgement in the subject lawsuit declared that the City of Fort Worth had failed to provide the area in question with governmental and proprietary services, the standard and scope of which are substantially equivalent to services furnished in other areas of the City which have simuilar characteristics of topography, land utilization and population density. The City's ability to serve this site has greatly improved since 1980. The completion of Eastchase Parkway and its interchange at I-30 have improved accessibility. In addition, a new fire station has been located at Morrison Drive and John T. White Road and water and sewer has been extended to serve nearby newly developing areas. The Development Review Committee recommended approval of the subject annexation request on January 24, 1985. The City Plan Commission recommended approval of the proposed annexation on January 30, 1985. No requests for platting or zoning have been submitted for the site. However, when the subject property was within the Fort Worth City limits, it was zoned "A" Single Family and "AG" Agricul~tur-e. f Recommendation It is recommended that the City Council approve the attached Annexation Timetable in order to annex the subject property in compliance with the requirep~ents of Article 970a of the Revised Civil Statutes of the State of Texas. APPROVED BY CITY COUNCIL DAI:ua F E B 19 1985 SUBMITTED FOR THE ~ v CITY MANAGER'S (1FFICE BY J ~ DISPOSITION BY COUNCIL: ^ APPROVED Citp SeCretnry -'PROCESS@ pf the ORIGINATING ^ OTHER (OESCRI Y ~ C ~6 DEPARTMENT HEAD: JOe Bilardi CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Jolene Loftus Ext. 8175 DATE