HomeMy WebLinkAboutOrdinance 9471r.t ~ ~i: C ~ ,. ..:
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ORDINANCE NO. q~{1l
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
79.08 ACRES (0.12.4 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 in the City
Council Chambers, on the 30th day of July, 1985, which date was
not more than forty (40) days nor less 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 13th day of August, 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 July, 1985, which date was not more than
twenty (20) days nor less than (10) days prior to the date of
said such public hearing; and
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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 2nd day of August, 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 79.08
acres (0.124 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 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:
-2-
BEING a survey of a tract of land in the W.H. Coltharp
Survey, Abstract No. 285, and the Moses Walters Survey,
Abstract No. 1598, and embracing a portion of Tract 5, (of
an 84.32 acre tract) described in the Deed to Raymond B.
Jr. and Martha M. Kelly recorded in Volume 4653, page 309
of the Tarrant County Deed Records, Tarrant County, Texas,
including a 9.52 acre Texas Electric Service Company
(TESCo.) right-of-way, as recorded in Volume 3554, Page
6'13, D.R.T.C.T.; and being more particularly described as
follows:
BEGINNING at a 7/8" iron pin at the Southwest corner of
said 84.32 acre tract in the West line of the W.H. Coltharp
Survey, Abstract No. 2$5, in County Road No. 1035, bearing
South 89 degrees 36 minutes 49 seconds East 25 feet east
and 55.56 feet south of the northwest corner of said
Coltharp Survey:
THENCE along West line of Walters Survey and in said County
.Road No. 1035 North 00 degrees 20 minutes 37 seconds East
of distance of 988..60 feet to a 7/8" iron rod, passing the
South line of said TESCo. right-of-way at 509.54 feet and
the North line of said right-of-way at 659.55 feet;
THENCE North 89 degrees 51 minutes 48 seconds East a
.. distance of 682.30 feet to a 7/8" iron .rod;
THENCE North 00 degrees 08 minutes 12 seconds a distance of
330.70 feet to a 7/8" iron rod in the South line of County
Road No. 1035 South 89 degrees 47 minutes 28 seconds East a
distance of 2080.24 feet to the northeast corner of said
tract, in County Road No. 1079.
THENCE South 00 degrees 06 minutes 35 seconds East a
distance of 1332.01 feet to a 7/8" iron rod, passing the
north line of said TESCo. right-of-way at 650.10 feet and
the South line of said right-of-way at 800.1.1 feet;
THENCE North 89 degrees 36 minutes 49 seconds West a
distance of 2770.28 feet to the POINT OF BEGINNING and
containing 79.08 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 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 accordance with the Service Plan and shall be bound by the
acts, ordinances, resolutions and regulations of the City of
Fort Worth, Texas.
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SECTION 4.
F....
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
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.
-4-
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:
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`°~a~ Ttv;~~ City Attorney
DATE: ~-~l~- g,~
ADOPTED:
EFFECTIVE:
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EXHIBIT "A"
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PREPARED BY
DEPARTMENT OF DEVELOPMENT •~
CORPORATE BOUNDARY CHANGE - CITY OF FORT WORTH
PROJECT FILE NO
A R E A O F F O R T W O R T H PUBLIC I-IEARIPJG DATE
PREVIOUS TOTAL CITY LIMIT AREA ~' SQ P1I . 0 R D. N 0.
ANNEX
TOTAL TF!IS ORDINANCE
DEA~•JNEX
NE!J TOTAL CITY LIMIT AREA
SQ P1I 11ST READI~dG DATE
SQ P1I ~ FINAL READING DATE
EXHIBIT X
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Name: W.H. Coltharp Survey, Abstract No. 285 and
Moses Walter Survey, Abstract No. 1598
Location and Acreage Annexed: County Road 1035 at County Road
107 9. 7 9.08 Acres .
County: Tarrant
Nlunicipal 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.
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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
rssr 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.
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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.
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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
th"roughout 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 f ur-
nished to this property as is furnished throughout the
City .
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Page 4.
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(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 For"t 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.
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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,
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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.
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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.
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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.
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PLANNIN ,. 1
DE.ELOPMENI~3
pity of ~'~rt ~~rth, texas
.Mayor and Coa,~~.cil Cor-am.ura.icatio~a,
U LiI: 4YORPCS-G
DATE
NUMBERCE
sue~ECTANNEXATION - W.H. COLTHARP SURVEY,
PAGE
-~~~~J7~/16/85 G-6380 ABSTRACT N0. 285 AND MOSES WALTER 1 or 1
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.
Discussion
Mr. Bruce Wyles, Managing Venturer, Fort Worth 69 Acres Joint Venture, 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 conmon boundary adjustments with other
cities will be required for annexation. See the attached map (Exhibit "A'°) and
the Staff Information Report.
The Development Review Conanittee approved the subject annexation request on
June 20, 1985. The City Plan Commission recommended approval of the proposed
annexation on June 26, 1985. No plans have been submitted for the site to
date.
DI umcdev
APPROVEp BY
G6TY G~vNC6L
JUL .I6 1985
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DEPARTMENTHEAD• Joe Bilal"di ^ OTHER (DESCRIBE)
CITY SECRETARY
FOR ADDITIONAL INFORM~~~~ne Loftus Ext 8175
CONTACT DATE