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HomeMy WebLinkAboutOrdinance 9244ORDINANCE 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 2.5 ACRES (0.004 SQUARE MILES) OF LAND, MORE OR LESS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOLINDA.RY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT `IHE TERRITORY ANNEXED SHALL BEAR ITS PRO RATA. PART OF TAXES; PROVIDING THAT THE INHABITANTS THEREOF SHALL HAVE ALL THE PRIVILEGES OF ALL THE CITI7.ENS OF FORT ~n1ORTH, 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 18th day of September, 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 o.f 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 2nd. d.ay of October, 1984, which date is not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and WHEREAS, notice o.f_ the first such public hearing was published in a newspaper having general circulation in the City of Fort worth, Texas, and in the he.rei_nafter described territory on the 7th day of September, 1984, 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 21st day of. September, 1984, 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 an area disannexed from the City of Benbrook; and WHEREAS, the hereinafter described territory lies adjacent to and adjoins the City of Fort worth, Texas; and -1- l WHEREAS, the hereinafter described territory contains 2.5 acres (0.004 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. 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: A tract of land in the E.H. Burke Survey, Abstract No. 160, in Tarrant County, Texas, more particularly described as follows: BEGINNING at a corner in the present city limit line of Fort Worth, Texas, said point being in the east line of the E. H. Burke Survey, Abstract No. 160, and on the southerly right of way line of Bellaire Drive South, extended easterly; THENCE: Westerly to and along this southerly right of way line of Bellaire Drive with the present city limits line as described in City Ordinance No. 8178 to the westerly right of way line of Bryant Irvin Road; THENCE: Southerly along the westerly right of way line of Bryant Irvin Road to the northeasterly right of way line of Southwest Boulevard (Old Loop 820). THENCE: Southeasterly along the said northeasterly right of way line of Southwest Boulevard to a point in the present Fort Worth city limit line; THENCE: Northerly along the east line of the E. H. Burke Survey, with the present city limits line to the point of beginning, containing approximately 2.25 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. -2- 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. 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: l ~ ` ( ~ _~ r EFFECTIVE: -3- EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name: Bryant Irvin Road Right-of-Way Location and Acreage Annexed: Bryant Irvin Road at Loop 820. 2.5 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 ardi- Hance, 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 I plans, policies and programs and decisions of the City of Fort Worth. This property will be included in all plans for i i 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- ping 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 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. :«' ~~ r ~- -- ..~ s ~ `p .,,, ~. 1i' . 8U IMP X E SU R '8 «,. :%~ ..:/.• '4:br+w~-/~."if <undtiX4~i~n'•1i:d(i. ~~_ ~ EXHIBIT "A„ PREPARED BY SCNLE 1 - 400 DEPARTMENT OF DEVELOPMENT ~® CORPORATE BOUNDARY CHANGE - CITY OF FORT WORTH PROJECT FILE NO AREA O F F O R T W O R T H PUBLIC HEARING DATE PREVIOUS TOTAL CITY LIMIT AREA SQ t1I 0 R D. N 0. ANNEX TOTAL TfIIS ORDINANCE SQ P1I ~ ST READItJG DATE DEANNEX NE;! TOTAL CITY LIt7IT AREA SQ P1I FINAL READING DATE CITY OF BENBROOK ~^ , i •~•,' " ` pity ®f' 1F'~rt ~®rth ~e~~s ±1'?Y MijT1AGER 1 f ~~ ACCOUNTING 2 J\\/I/ ~ lL7/ II.J'~ ~~~ ~® WV~~/~~ ~®~0 U 11i~1V U (L (L IL~L.I[~~ IL®U TRANSPORTATION~PUBLIC WpRK~;B s1~ DEVELPPMENI. pL :Nn:r!r 1 GATE REFERENCE SUBJECT Annexation-Fort Worth Benbrook PAGE ~~ NUMBER Boundary Adjustment (Bryant Truing 1 9/4./84 .r. G-6096 Road R.O.W.) '°f Background The City of Fort Worth borders on the City of Benbrook between Loop 820 and Bellaire Drive South with the boundary generally defined as the centerline of Old Brya~[,t Irvin Road. The subject roadway was partially destroyed during the construction of the new eastern half of the thoroughfare. The City of Fort Worth has negotiated with the City of Benbrook regarding construction of the other half of the roadway because development is occurring in the area. Because of road maintenance, traffic policing, and other problems, it is imperative that the entire roadway be completely in one city or the other® Logically, the City of Fort Worth should control the roadway. See attached map (Exhibit "A"). The boundary line must be adjusted westward to the new right-of-way line for the 120-foot roadway. A Joint Resolution and Agreement (No. 979) was approved by City Council on March 27, 1984. The City of Benbrook has completed the disannexation of said land. The next and final step is the annexation of 2.5 acres for the western portion of Bryant Irvin Road. Plan Commission On November 30, 1983, the City Plan Commission approved the proposed city limit boundary adjustment with the City of Benbrook whereby the City of Fort Worth would annex said land for the proposed Bryant Irvin Road expansion. Recommendation It is recommended that the City Council initiate proceedings to annex the subject property in accordance with the attached City Council Annexation Timetable. DAI:lc a ~PQROV~o $Y.. CITY COUNCII. SEP 4 X984 /1 ', lCr.+~. ..t~t~~.c,~' e - :~~cy secr<ecaz7r a t~ SUBMITTED FOR THE CITY MANAGER'S ~ DISPOSITION BY COUNCIL. PROCESSED BY f1FFICE BY , [] APPROVED ORIGINATING (] OTHER (DESCRIBE) DEPARTMENT HEAD: .TOe Bilardi CITY SECRETARY FOR ADDIf1ONAL INFORMATION CONTACT Jolene Lof tus E'Xt 8175 DATE