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HomeMy WebLinkAboutOrdinance 9108ORDINANCE 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 236.76 ACRES (0.370 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, TEX(~S, 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 SEVERABILITX AND NAMING AN EFFECTIVE DATE. j 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 of the Municipal Office Building of Fort Worth, Texas, on the 24th day of April, 1984, which date is 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 of the Municipal Office Building of Fort Worth, Texas, on the 8th day of May, 1484, 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 13th day of April, 1984, which date was not more than twenty (20) nor less than ten (10) days prior to the date of said 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 27th day of April, 1984, 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 notice 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 adjacent to and adjoins the City of Fort Worth, Texas, and WHEREAS, the hereinafter territory contains 236.76 acres (0.370 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 corporate boundary limits of the City of Fort Worth, Texas, and the present corporate boundary limits of said City, at the various points contiquous 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: BEGINNING at the intersection of an easterly line of the South Tarrant County Airport with the north right of way line of Hargrove Road (County Road No. 1064) as presently located, said point being on the City limit line between the City Fort Worth, Texas, and the City of Burleson, Texas, according to Cause No. 57175-C in the District Court of Tarrant County, Texas, 153rd Judicial District, October 8, 1970, THENCE- Along the said City Limit line and the north right-of way line of saide road, North 89 degrees 50 minutes West 2,350.51 feet to a point, and North no degrees 10 minutes East 75.05 feet to a point and North 89 degrees 50 minutes 30 seconds West 305.65 feet to the beginning of a curve the center of which bears North no degrees 09 minutes 30 seconds East a radius distance of 894.93 feet, and northwesterly, along said curve to the right, an arc distance pf 748.69 feet to i the end of said curve, and North 41 degrees 54 minutes 30 seconds West 293.94 feet to the beginning of a curve the center of which bears South 4$ degrees 05 minutes 30 seconds West a radius distance of 1,014.93 feet, and Northeasterly along said curve to the left an arc distance of 31.95 feet to a point 161.63 feet, measured at right angles west of the west right of way line of the proposed access thoroughfare for the proposed South Tarrant County Airport; THENCE- South, along a line 161.63 feet west of and parallel to said west right of way line 827.52 feet to a point , THENCE: West 73.37 feet to a point 235.0 feet west, measured at right angles, west of said west right. of way line, THENCE: Along a line 235.0 feet west of and parallel to said west right of way line, South 2,068.01 feet to the beginning of a curve, the center of which bears East a radius distance of 2,500.00 feet and southerly along said curve to the left, an arc distance of 281.22 f eet to the. end of said curve; and South 6 degrees 26 minutes 42 seconds East 297.47 feet to a point in the Tarrant County-Johnson County line; THENCE: South 89 degrees 04 minutes 25 seconds East, along said County line, 3,347.82 feet to a point in the said easterly line of said Airport, THENCE North 4 degrees 13 minutes 17 seconds East, along said easterly line, 2,911.76 feet to the point of beginning and containing 236.76 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, 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 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. SECTION 4. That the 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. I 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. 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 :.'~~s City Attorney Adopted Effective: y y:.~. _ rF• t ~5. ~'• ~ i 1' 'h :: ~.H* •~ Ir `~~E~ h~ ~~~ ~~ - ~ ~ ~• 1 7 t ` NORTH I '~'~ ~~ PREPARED BY SCALE '~~~=2000 r ~wEXH{BIT ~~A°i DEPARTMENT OF DEVELOPM E NT~ CORPORATE BOUNDARY CHANGE CITY OF FORT WORTH PROJECT FILE NO AREA O F F O R T VY Q R T H PUBLIC HEARIfJG DATE PREVIOUS TOTAL CITY LIMIT AREA F~`'. ~~: SQ r1I ORD. N0. TOTAL Tf!IS ORDINANCE ANNEX DEANNEX SQ MI 1ST RERDItJG DATE ~ NEl~1 TOTAL CITY LIt4IT AREA SQ t1I FINAL READING DATE EXHI$IT X CITX OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name: South Tarrant County Airport Location and Acreage Annexed: East of I-35 W and North of the Johnson County line. 23b.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 wild he 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 Chis 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 Hof the annexation ordi- Hance, or upon cpmmencement of development with this area, whichever occurs later. (3) Upon ultimate deve.lapment of the area, the same level of fire and emergency ambulance services will be pro- vided to this area as are furnished throughout the Gity. C. Environmental Health and Cade Enforcement Services (1) Enforcement of the City's environmental healCh ordinances and regulati~one, including but not limited to weed and brush ordinances, dunked and abandoned vehicle ordinances, food handlers ordinances and animal control ordinances, shall be provided within this area an 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 end investigated by existing personnel beginning with the effective date of Che annexation ordinance. (2) The City's building, plumbing, mechanical, else- 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, dunk 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 Chia area beginning on the effective date of the annexation ordinance. ~ (5) As development and constructiap 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 far 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- niched 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 shad 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 Che 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 properly 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 i 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, cgmmercial, 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. (l) 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- went 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 o~ 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 extensiana 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- went 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- five service of the City shall be available to the annexed area beginning with the effective date of the annexation ordinance. 9 i !? ~' ~ ~ '' y ~.s ~ MASf.ER'FitEyb' / /"~ ~i~ y ®f ' .~~rt ~~rth, ~~ac~zs ~ .. CITY MANAGER x / V1i. vW~~Y {~/~W/W `~,J®~~~~~Y V®YY W~~l/W~W~~W~~~ ACCOUNTING•2 T'RANSPORTATfON PUBLIC W R A- ~~ DATE REFERENCE SUBJECT ~'Ort Worth/Burleson Land Swap PAGE ~EVEIOPMENf.3 NUMBER 4/10/84 G-•5954 and Boundary Adjustment - Southside Ai 1 or 1 _.•_ CITY SERVICES rn~]r. LAJV 1 F,RE ADMINISTR TIDN4n September 9, 1983, the 249th Judicial District Court, Johrisan County, Texas, in the case of Cit~r of Burleson v. City of Fort Worth approved an agreed settle- POLICE ADMINIS"RATltrlent based on ~Stipulatic~s for Ccrrgarcxni.se whereby provisions V~re made f'or s land swap az~d bour~axy ad justment t.hat will facilitate orderly car~structian of a ~T^"'~ general aviaticm a~.rport ~.n south- Tarrant Qaunty. Both the City of Fort Worth VrAtER 'ADMINIST ATrof the City of Burleson have .mutually agreed to cooperate with ead~ other in the proposed airport project. A Joint Resolution, the first step in the boundary adjustment process, has been approved by both Fart Worth and Burleson. The deannexation/annexation proce- dures mast ncxN take place in order to sat~.sfy the District Oourt's mandate+ On January 19, 1984, the Develglxnent Review Oamrlittee approved the subject boun- dary adjustment proposal. The City Plan Cc>ttunission recaTmended approval an Jan- uary 25, 1984. There }za.s been no platting activity on this site. Recc:rrcnendatinn a-•~ xn order to cazry out the terms of the Joint Resolution, it is reccetended that the City Council approve the attached Annexation Timetable so that: the subject '~--.1 property is annexed in compliance with the requirements of Article 970a, kpf the Revised Civil Statutes of the atate~of Texas. . MCM:kc Attachment _~ ~~, APPROVED BY C TY ~Ol1NCtL APR J 438q~ ~~.~ ~~ ~ Citp Secrecay o, •ae vim'"' Giro of Fcitt w~~e .T~ :; SUBMITTED FOR THE ~ DISPOSITION BY COUNCIL. PROCESSFO BY ~ CITY MANAGER'S. ~-1 nFF)CE BY `j'ui.~ ~ ^ APPROVED `T ORIGINAT4NG C OTHER (DESCRIBE) DEPARTMENT NEAD: JOe Bilardi CITY SECRETARY FOR ADOLfIONAI INFORMATION coNrncT Jolene Loftus Ext. $175 DATe ...,..x;ui ~,. ..o-..~..r:_»«G:.+...:....j_~.._.a.~,.w+s...da,: a.rwa~: ;:'~...aas. Fn+M.~i xi.-: ~. _.. ~ <..c. ..- s,. s.e...5%:-r.:. ,... ~~'+~/JV rrr.»`A.1ft s:.s. ~(+I..kkic: F,:Y: a ,n i .~ ss