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HomeMy WebLinkAboutOrdinance 9248f~ r J ' Y, ~ ~ ~ n ~ 1 ~ ~, 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 608.663 ACRES (0.951 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 9th day of October, 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 Gity 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 23rd day 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 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 28th 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 i.n the hereinafter described territory on the 12th day of October, 1984, which date was not more than twenty (20) days nor less than ten (lU) 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 -1- WHEREAS, the hereinafter described territory contains 608.663 acres (0.951 square miles) of land, more or less; NOW, 'THEREFORE, BE I? ORDAINED By ?HE CITY COUNCIL OF THE CI?Y OF FOR? WORTH, 'TEXAS: Section 1. ?hat 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, ?exas, 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: BEING a tract or parcel of land out of the A.F. Albright Survey, Abstract #1849, the J. Askew Survey, Abstract #16 and the A.S. Roberts Survey, Abstract #1262, situated in ?arrant County, ?exas, and being described by metes and bounds as follows: BEGINNING at a 5/8" iron pin at a fence corner and in the east right-of-way line of Bob Hanger Street and in the east line of Lake Crest Estates, an Addition in ?arrant County, ?exas, as recorded in Volume 388-W, page 136, Deed Records, 'Tarrant County, ?exas; ?HENCE South 89° - 29' - 31" East along a fence 1454.79 feet to a 3/4" iron pin for corner, said iron pin being South 00° - O1' - 22" East 44.46 feet and North 89° - 27' - 09" West 424.57 feet from a stone set at the northwest corner of ?tact 2, of a partition deed as described in Volume 3755, page 221, Deed Records, ?arrant County, ?exas, said stone also being an ell corner of said Askew Survey; `THENCE North 00° - 29' - 13" West 965.89 feet to a 3/4" iron pin for corner; ?HENCE South 89° - 51' - 29" East 1782.38 feet to a 1/2" iron pin for corner in a north-south fence line; 'THENCE South 89° - 54' - 29" East at 292.21 feet passing a 1/2" iron pin in a north-south fence and the beginning of a fence in this line, in all and along said fence 702.42 feet to 1/2" iron pin for corner, at a fence corner.; ?HENCE South 00° - 08' - 29" West along a fence and passing end of said fence at 289.0 feet, in all a distance of 376.34 feet to a 1/2" iron pin; 'THENCE South 00° - 04' - 12" East 544.61 feet to a 1/2" iron pin in an east-west fence for corner, said iron pin being in the north line of said Tract 2; ?HENCE in an easterly direction along a fence and the north line of ?tact 2 and the north line of 'Tract 3 of said Partition Deed as follows: North 89° - 59' - 18" East 575.68 feet to a 1/2" iron pin, then South 89° - 52' - 41" East 1138.41 feet to a 1/2" iron pin at a fence corner; 'THENCE South UO° - 56' - 09" East along a fence, 676.11 feet to a 1/2" iron pin for corner; 'THENCE North 89° - 56' - 30" East at 623.24 feet, passing a 1/2" iron pin in the west line of Old Decatur Road, in all 647.53 feet to a P-K nail for corner in said Road; -2- ?HENCE South OU° - 47' - 17" East along said Road 339.02 feet to a 1/l" iron pin for corner; 'THENCE North 89° - 05' - 11" West 24.2 feet to a 1/2" iron pin for corner in the west right-of-way line of said Old Decatur Road; 'THENCE South 00° - 46' - 13" East along the fenced west right-of-way line of said Road 416.01 feet to a 5/8" iron pin for corner; `THENCE South 15° - 20' - 43" East continuing along said fenced west right-of-way 566.14 feet to a metal fence post for corner; ?HENCE South F39° - 53' - 37" West along a fence 579.59 feet to a 5/8" iron pin at a fence corner; ?HENCE South 12° - 02' - 03" East along a fence 1169.19 feet to a 1/2" iron pin for corner; ?HENCE North 89° - 49' - 30" East 651.16 feet to a 1/2" iron pin for corner in the fenced west right-of-way line of said Old Decatur Road; ?HENCE South 15° - 22' - 40" East along the fenced west right-of-way line of said Old Decatur Road, 993.83 feet to a 5/8" iron pin for corner in the fenced north right-of-way line of Cromwell-Marine Creek Road (County Road #4124); ?HENCE South 15° 22' 40" East 45'+ to the existing north annexation line of Marine Creek Ranch, said point also being in the centerline of Cromwell-Marine Creek Road (County Road No. 4124); ?HENCE North 77° 38' 29" West along the centerline of said Cromwell-Marine Creek Road a distance of 1,938.39'+; ?HENCE North 89° 50' S2" West along said centerline a distance of 7,045.68 feet to a point in the centerline of Bowman Roberts Road (County Road No. 4123); ?HENCE North OU° 47' 52" East along the centerline of said Bowman Roberts Road a distance of 800.26 feet; ?HENCE North 89° 49' 05" East leaving said centerline of Bowman Roberts Road a distance of 20'+ to a 5/8" iron pin in the east R.O.W. line of Bowman Roberts Road; ?HENCE North 89° 49' 05" East 483.13 feet to a 5/8" iron pin for corner; ?HENCE South 00° 26' 31" West 179.87 feet to a 1/2" iron pin for corner; ?HENCE North 89° 46' 25" East 1386.47 feet to a 1/2" iron pin for corner; ?HENCE North 00° 05' 23" East along a fence and at 558.79 feet passing a 5/8" iron pin for the southeast corner of said Lake Crest Estates, in all 3092.41 feet to the point of beginning and containing 608.663 Acres of Land. SEC?ION 2. ?hat 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. -3- ., ;r 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. SECTION 4. 'The attached hereto, marked Exhibit "?C" 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 970x, 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 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. AND LEGALITY: 9~+~ EFFECTIVE: -4- EXHIBIT X C I`TY OF FOR? WORTH , ?ERAS SE RVICE PLAN FOR ANNEXED AREA Name: North Marine Creek Addition Location and Acreage Annexed: Cromwell-Marine Creek Road @ Old Decatur Road, 608.663 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 Emergenc 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- 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) 'Ihe 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. \,: i W Page 3. (3) `Ihe 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- Wing with the effective date of the annexation ordinance. (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. ?he 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- Lion, and maintenance after completion, shall apply. Page 5. (3) 'Ihe 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) ?he 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. S anitary 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- 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. (' ~ Yj. N. ~ M 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. i ~ ~: a~ i~~ ~~ '`r ALEX P~~ALBRIGNT SUR %B49 S1AflIf l A £X. P. ALBR/GHT STIR. /^N~ALKER~ 'SUR %60/' SAGINAW ROAD WESTf, ,.. ~~ _ 1 ___,_ PREPARED BY ___ _ SCALE I°= 2000 EX~IBITffAff DEPARTMENT OF DEVELOPMENT ,~ CORPORATE BOUNDARY CHANGE - CITY OF FORT WOR1fH PROJECT FILE NO. AREA O F F O R T W O R T H PUBLIC HEARIPJC DATE PREVIOUS TOTAL CITY LIMiT AREA SQ P1I • 0 R D. N 0. ANNEX TOTAL TIIIS ORDINANCE SQ P1I 1ST READING DATE DEANNEX NEt! TOTAL CITY LI14IT AREA SQ P4I FINAL READING .DATE ": - u~. _ ~ h~ I~ha raR ~= i CITY MM Nh`}(~;iR•1 k_ ~~ pity ®f ~~rt worth, ~exc~s ACCOUNTINQ 2 TRANSP1aRTATION~PUf361C .woR- Ka.6 ~~'" _° ~~ ~®~~"' ~" ~®d 0 fLU !I (~ (Ltd ° ~' ((~`e'~^v~ (l~®U !L DEYELQFMENI~3 DATE ~ REFERENCE SUBJECT Annexation -North '~[arine Creek PAGE NUMBER (6n~ 663 acres) 1 9/25/84 **G-6112 for *4r. James Schell, acting on behalf of the 607 Joint Venture, has requested annexation of said land into the corporate limits of the City of Fort !Forth. The property is contig~JO~JS to Fort F?orth's present City 1 imits. The subject property is within the exclusive extraterritorial jurisdiction (ETJ) of the City of Fort `North. No common boundary adjustments with other cities ~~iill be required for annexation. See attached map (Exhibit "A") and Staff Information Report. The Development Review Committee approved the subject annexation request on August 23, 1984 on the con dition that the applicant submit both a Concept Plan and a zoning application. The City Plan Commission recommended approval of the proposed annexation on Au gust 29, 19114. A concept plan (C-R4-IO} has been s~ibmitted and is scheduled for revieer by the City Pian Commission on September 26, 1984. Recommendation It is recommended that the City Council approve the attached Annexation Time- table in order to annex t he subject property in compliance with the require- ments of Article 970a of the Revised Civil Stat~~tes of the State of. Texas. DAI ztc Attachments ApPROVEO BY CIjY COUNCIL sEN ~5 isaa Ciiy ~eczeia:y of tho City of Fort W;Rttpy TB89i1 SUBMITTED FOR THE ~ CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED 8Y tIFFiCE BY ~ Q APPROVED ORIGINATING Q OTHER (DESCRIBE) DEPARTMENT HEAD: JOe Bzlardi CITY SECRETARY FOR ADOI~IONAL INFORMATION coNrncr Jolene Loftus Ext 8175 DAT E