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HomeMy WebLinkAboutOrdinance 9157~:j ' - ~ ' ~ { 1 ORDINANCE NO. ~~ AN ORDINANCE DECLARING CERTAIN FINDINGS; `, PROVIDING FOR THE EXTENSION OF CERTAIN BOUN- DARY LIMITS OF THE CITY OF FORT WORTH; PRO- VIDING FOR THE ANNEXATION OF A CERTAIN 93.7 ACRES (0.146 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 THA`I' THE INHABITANTS THEREOF SHALL HAVE ALL THE PRI- VILEGES OF ALL THE CITIZENS OF FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THI5 ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR SEVER- ABILITY 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 26th day of June, 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 annexa- tion of the territory hereinafter described, was held in the City Council Chambers of the Municipal Office Building of Fort Worth, Texas, on the 10th day of July, 1984, 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 pub- lished in a newspaper having general circulation in the City of Fort Worth, Texas, and in the hereinafter described territory on the 15th day of June, 1984, which date was not more than twenty (20) nor less than ten (10) days prior to the date of said pub- lic hearing; and ..~; _ ~ _ ._ = ;. 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 29th day of June, 1984, which date was not more than twenty (20) nor less than ten (10) days prior to the date of said pub- lic hearing; and WHEREAS, prior to the publication of the notice 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 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 93.? acres (0.146 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 adja- cent to and adjoing 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 contiguous to the area hereinafter described, are altered and amended so as to include said -2- S: w+ area within the corporate limits of the City of Fort Worth, Texas, to-wit: Parts of the John F. Heath Survey, Abstract No. 641 and the A. Hodge Survey, Abstract No. 1789, situated about 9 miles south 30 degrees west from the Courthouse in Tarrant County, Texas; and embracing a portion of the tract described in the deed to Thomas H. Law, Trustee, recorded in Vol- ume 4989, page 193 of the Tarrant County Deed Records. BEGINNING at a galvanized spike in asphalt in County Road No. 1089 for the southeast corner of said Heath Survey and said Law, Trustee tract from which a car axle bears south as no degrees - 22 minutes - 06 seconds east 30 feet. Thence west, along the south line of said Law, Trustee tract, 1928 - 96/100 feet to a galvanized spike in asphalt. Thence north no degrees - no minutes - 12 seconds east, to and along the east line of the tract described in the deed to Texas Electric Service Company recorded in Volume ?080, page 88 of the said Deed Records, at 29 - 72/100 feet pass an iron with cap for the southeast corner of said Texas Electric Service Company tract, in all 739 - 74/100 feet to an iron with cap for the northeast corner of said Texas Electric Service Company tract. Thence south 89 degrees - 59 minutes - 30 seconds west, along the north line of said Texas Electric Service Company tract, 297 - 89/100 feet to an iron with cap for the southeast corner of the tract described in the deed to Texas Electric Service Company recorded in Volume 7404, page 1549 of the said Deed Records, in the west line of said Law, Trustee tract. Thence northerly along the east line of said Texas Electric Service Company tract: north 27 degrees - 10 minutes - 09 seconds east 1390 - 51/100 feet to an iron cap at the begin- ning of a curve to the left having a radius of 2053-08/100 feet; along said curve to the left of an arc length of 239 - 32/100 feet to an iron with cap for the northeast corner of said Texas Electric Service Company tract, in the north line of said Law, Trustee tract; the long chord of said 239 - 32/ 100 feet arc is north 23 degrees - 38 minutes - 09 seconds east 239 - 18/100 feet. Thence south 89 degrees - 53 minutes - 42 seconds east, along the north line of said Law, Trustee tract, 1463 - 39/100 feet to a galvanized spike in asphalt in the east line of said Heath Survey for the northeast corner of said Law, Trustee tract, in said County Deed No. 1089, from which a 3/4" iron bears north 89 degrees - 53 minutes - 42 seconds west 33 - 33/100 feet. -3- ,~. Thence south no degrees - 22 minutes - 06 seconds east, along the said east line of Heath Survey, and said Law, Trustee tract in said County Road No. 1089, a distance of 2193 - 27/100 feet to the place of BEGINNING and containing 93 - 706/1000 acres of which 3 - 085/1000 acres are within roads leaving 90 - 621/1000 acres exclusive of road and of which 85 - 921/1000 acres are within said Heath Survey and 4 - 7/10 acres are within the Hodge Survey. 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 accord- ance with the Service Plan and shall be bound by the acts, ordi- nances, resolutions and regulations of the City of Fort Worth, Texas. SECTION 4. That attached hereto, marked Exhibit "X" and incorporated herein for all purposes incident hereto, is a Service Plan pro- viding for the extension of municipal services into the area to be annexed, said Service Plan having been prepared prior to pub- lication 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. -4- e~, M 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, senten- ces, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incor- poration 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, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ~as ~'; ;r~~, City Attorney ADOPTED: ~ C i EFFECTIVE: -5- EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name: Palmer Place Addition Location and Acreage Annexed: Old Cranbury Road @ Columbus Trail. 93.7 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 pl-anning 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. (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. :~. 4 i x a 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. C _ ,~ N t 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. .. _~_ .~, s aM; s ~o~o -~. ,.. a `' '~;' is ~ s i N H , a ~ i L CITY PLAN COMMISSION ,May 30, 1984 ', ~+::1~111?s~l..NF'~:'"r:. ..: r !f~rr<>:~rr;E.~~ 0~ 7"QP I fLORES SUR. 507 ~ ~ „; ,; 1 ~ ,.iF . 1 i 1 PREPARED BY SCALE . 1 " = 2000 ~~ ~~ ~ ~ - ~ ~~ EXHIBIT Q `AEPART'~-IEaT OF ~DEVEIOPMENT •~ CQRPORATE BOUNOARlf CHANGE -- CITY Of FORT WORTH ---- __ PROJECT . - - - - I F I LE NO . ,rP -~-;~~_„'.~ w.(~., --- - -- AREA 0 f f O R T W O R T H PUBLIC NEARIPJG DATE PREVIOUS TOTAL CITY LIMIT AREA SQ. P1I . O R O. N.O. TOTAL THIS ORDINANCE ANNEX SQ MI . 1ST READItJG DATE DEA~JNEX NE41 TOTAL CITY LIMIT AREA SQ. ~1I. FINAL READING QATE J j =-F~~ ` ~ ~~,~~zty ®f' 1F'~rt ~~~®rth, ~e~a~ CIl'Y MANAGER '1 ~ ~J/^'" ~ ~/// ~~','rAI ~~ n~/~ /~ ,~`r1,~/ ACCOUNTING 2 ~~~//~~ ~~~ ~® LL/lY~~j UjIV (C/®U 4 W~ 4/W~~~ij~~~®~~ TRANSPORTATION'P UBLIC WORKS+Q eJ%'1 VrAlER A0IV11NISTR! DEVELDPMEN 1~.3 PLANNING.1 REAL PROPEkT.Y,! TI~nkE REFERENCE SUBJECT Annexation - Palmer Place PAC- 6/12/84 NUMBER C-6019 Addition, 93.7 Acres lof 1 Mr. Samuel D. Ware, Venturer and Manager of. the Dabney Joint Venture No. X, has requested the annexation of 93.7 acres into the corporate limits of the City of Fort Worth. The property is contiguous to Fort Worth's present 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"). The Development Review Committee approved the subject annexation request on May 24, 1984. The City Plan Commission recommended approval of the proposed annexation on May 30, 1984. A concept plan (C-83-17) was approved by the City Plan Commission on November 30, 1983. Recommendation It is recomme>ded 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. ' Dl:dev APPROVED BY ' CITY COUNCIL J U N 12 19134 ~~ _.-~~.~, City Secretary of the City of F~o~ 31Y~2-. Tsxa4 SUBMITTED FOR THE C17Y MANAGER'S /~ /', ~ DISPOSITION BY COUNCIL. PROCESSED BY V~ / ^ APPROVED - ORIGINATING ~ ^ OTHER (DESCRIBE) DEPARTMENT HEAD JOe Bi.lardi CITY SECRETARt FOR ADDITIONAL IN FORJO~IEne Loftus Ext 8175 J DATE CONTACT