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HomeMy WebLinkAboutOrdinance 9158,, ., , ORDINANCE NO . l ~,.. 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 CER- TAIN 772.88_,ACRES (1.208 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 ALI, 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 staff of the City of Fort Worth, Texas, wherein all interested persons were pro- vided an opportunity to be heard on the proposed annexation of the territory hereinafter described, was held in the 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 772.:~~ acres (1.20$ 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 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 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, ,,, t~-pwlt : - 2- All that certain lot, tract, or parcel of land in the J. J. ALBIRADO SURVEY, Abstract 4, and the R. J. WARE SURVEY, Abstract 2008, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1-1/2 inch pipe found in place at a fence corner for the Southwest corner of that certain 502.561 acres annexed into the City of Fort Worth under "Tract 1" in City Ordinance No. 8985, said point also being a reentrant corner on the Northeast side of that certain property conveyed to C. H. Bertram by the deed dated March 12, 1941 and recorded in Volume 1461, Page 629, Deed Records of Tarrant County, Texas; THENCE with the present City of Fort Worth boundary line and the North line of the Bertram tract South 89 degrees 47 minutes East, crossing the line common to said Albirado and Ware Surveys and continuing in all 3661-9/10 feet to a steel rod or axle with a tree root grown around it, for the Northeast corner of the Ber- tram tract in the East line of said Ware Survey and the Southeast corner of said "Tract 1"; THENCE with said survey line South 0 degrees 03 minutes 50 seconds East 1742-4/10 feet to a found 1 inch steel rod; THENCE continuing with said East survey line, South 0 degrees 04 minutes 50 seconds East 1808-0/10 feet to a 3/8 inch steel rod and a bent pipe found beside a fence corner post; THENCE North 89 degrees 51 minutes West 400-9/10 feet to a round head steel rod or bolt and an iron pin found at a fence corner for a Southeast corner of said Albirado Survey, the Northeast corner of the J. Kor- ticky Survey, Abstract 914, and a reentrant corner in the West line of the R. J. Ware Survey, Abstract 2008; THENCE with the line common to the Albirado and Kor- ticky Surveys North 89 degrees 45 minutes West 4474-4/10 feet to a red sandstone found set in the ground and marked "Y" on top, near a fence corner from which fences go East and South, for the Northwest cor- ner of the Korticky Survey and a reentrant corner of the Albirado Survey; THENCE continuing with the line common to said Sur- veys, South 0 degrees 36 minutes 30 seconds East, at 932-6/10 feet passing 0-6/10 foot westerly of a 3/8 inch steel rod and continuing in all 964-9/10 feet to a 1 inch pipe found in place on the East side of County Road No. 1014 where the road turns South; THENCE South 89 degrees 49 minutes West, crossing said road at its turn and continuing along the South side -3- of the road, passing the Northeast corner of the B. F. Pace Survey, Abstract No. 1254 and a reentrant corner of the Albirado Survey, in all 3236-5/10 feet to a smooth .1 inch diameter steel rod found in place, for the Southeast corner of a 63-1/3 acre tract out of the Southwest corner of the above described Bertram tract, a steel rod found in place, for a Southwest corner of the Albirado Survey, on the South side of the road at its intersection with County Road N o_. 1089 bears South 89 degrees 45 minutes West 743-96/100 feet; THENCE crossing Road No. 1014 with the East line of the 63-1/3 acre tract North 0 degrees 10 minutes 35 seconds East 3938-1/10 feet to a steel rod in concrete at a fence corner, for the Northeast corner of the 63-1/3 acres; THENCE with the fenced North line of said 63-1/3 acre tract North 89 degrees 51 minutes 30 seconds West 715-1/10 feet to a fence corner on the East side of a bend in County Road No. 1089, from which the road goes West and South; THENCE with the East line of said road North 0 degrees 11 minutes East 45-8/10 feet to a fence corner; THENCE with the North line of said road, North 89 degrees 52 minutes West 23-0/10 feet to a 5/8 inch steel rod found set at a fence corner; THENCE Northeasterly along an old fence North 23 degrees 29 minutes East 948-88/100 feet to a brass and concrete monument; THENCE South 89 degrees 47 minutes East 4784-17/100 feet to a brass and concrete monument in the northerly East line of said Bertram tract and the West line of said "Tract 1" in Ordinance No. 8985; THENCE with the West line of said "Tract 1" South 0 degrees 21 minutes 30 seconds West 319-42/100 feet to the point of beginning, containing in all some 772-88/100 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. -4- 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 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 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, -5- 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: ` (./V- .~3a~e-~,1 City Attorne . st Date: ADOPTE ~/ ~% EFFECTIV . po -6- EXHIBIT X CITY OF FORT WORTH, TEXA5 SERVICE PLAN FOR ANNEXED AREA Name: Sun Country Location and Acreage Annexed: East of County Road 1089 and north of County Road 1014. 772.88 .: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. s 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 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- Wished 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. 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. I.. T ~ 1. 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 comp letion, 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, andfor 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. .. .. c { ~ .. J f NEATN S[/R. 64/ - - »i W ~ + J W W N.~IOOLE ~ ~ + qh~ ASI9URY Sl/R. "4~t z,~ _ ~ ~ ~ S[/R { d'~ ~ ,~ \o CITY PLAN COMMISSION -May 30, 1984 --- __ .~ ~E M,~:~~,. ~a.:....e_ _ ~~ .. B. F~ PACE 1 St/R 1234 ~ J~ KORT/CKY SUR 9/9 I ' PREPARED BY _ SCALE . 1 " = 2000' EXH181T "A" pEPAR~ pF pEyELOPMEN°T .~~- ___ - CORPORATE BOUMDJ~RY CHANGE - CITY OF FORT WORTN __ PROJECT: - - FILE N0. ~~ -~ - A R E A O F FORT W O R T N PUBLIC JiEARING DATE PREVIOUS TOTAL CITY LIMIT AREA SQ P1I . O (~ D, N.O. TOTAL TliIS ORpINANCE ANNEX q SQ . M I ~ ST READ I tJG DATE DEA~JNEX NEl1 TOTAL CITY LIMN AREA SQ P1I. FINAL READING DATE ~itR FILE % 'Y ~ `t-./Zl.~ ~~ JL ~~~ ~~~9 ~?ILA ~~~~~ _t;UUitTING•2 ./ V11 ~ UiJ/ 4./ U t(.A{/~WV ~® (lilj/ (/ (L~~IV ~./®~~ Qi1V (/ IV~~'l.W lV ~®U tISPORTAT40N~PUBilG !tp'Qg1~F,a$J ey bFAri.R AOMINIS7 DEVELpPMENi.3 PL~NNINC.J REAL PROPEki.Y. DATE __ 2ATi0N & REFERENCE NUMBER SUBJECT Annexation _ Sun Countr y PAVE 6/12/84 G-6020 772.96 Acres Iof 1 ~ Mr. Carl W. Barron, Partner of the Sun Country, Ltd. No 1, a Texas Limited Partnership, has requested annexation of 772.96 acres into 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 (F,xhibit "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 for the subject property (C-80-3) was filed in 1980 which included 257.7 acres north of the site also. A new concept plan (C-84-5) for the subject property was submitted, and the City Plan Commission recommended approval on May 30, 1984. Recommendation It is recommended that the City Council approve the attached Annexation Timetable in order to annex tl-~e subject property in compliance with the requirements of Article 970a of the Revised Civil Statutes of the State of Texas. DI dev APPROVED BY s CITY COUNCIL J ~ ~ ~~ 1984 ~~~~ ---~.. . G=~ s~~ .'.-.---~~vr ~ ~.: ~~ Sl)BMITTED FOR THE ~ ~ CITY MANAGER'S , ~J11 ~ ~Q l1FFICE BY 2vl~~L!~~t;~ _ \\\~`~ V~ DISPOSITION BV COUNCIL. ^ APPROVED F PROCESSED BY ORIGINATING ~ ^ OTHER (DESCRIBE) DEPARTMENT HEAD JOe_ B11a.Ydi CITY SECRETARI FOR AODIfIONAL INFORMATION curvracT Jolene Loftus Ext 8175 DATE