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HomeMy WebLinkAboutOrdinance 9067 ~ w :.. ~', is .:t °' ,. E ~ ` ORDINANCE NO.~f~ AN ORDINANCE DECLARING CERTAIN FINDINGS; PRO- VIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR THE ANNEXATION OF A CERTAIN 144.02 ACRES (0.226 SQUARE MILES) OF LP.ND, MORE OR LESS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT THE TER- RITORY ANNEXED SHALL BEAR ITS PRO RATA PART OF TAXES; PROVIDING THAT THE INHABITANTS THEREOF SHALL HAVE ALL THE PRIVILEGES OF A.LL 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 6th day of March, 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 20th day of March, 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 24th day of February, 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 pub- lished in a newspaper having general circulation in the City of Fort Worth, Texas, and in the hereinafter described territory on the 9th day of March, 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 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 Continued v .,u ., a ~, 2.. ~. i WHEREAS, the hereinafter described territory lies adjacent to and adjoins the City of Fort Worth, Texas; and WHEREAS, the hereinafter described territory contains 144.62 acres (0.226 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 terri- tory 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 corpo- rate limits of the City of Fort Worth, Texas, to-wit: Being a tract or parcel of land out of the T. E. Zachary Survey, Abstract #1759, the L. B. Creswell Survey, Abstract #367, the James F. Elliott Survey, Abstract #495 and the John Bursey Survey, Abstract #128, situ- uated in Tarrant County, Texas and being described by metes and bounds as follows: BEGINNING at a 1/2 inch iron pin from the `~ southwest corner of the tract herein described, said iron pin being west 1250.79 feet and north 100.00 feet from a stone at the southwest corner of the said T. G. Zachary Survey and a re-entrant corner of the said James Elliott Survey; THENCE North 1847.78 feet to a 1/2 inch iron pin, said iron pin being a line estimated to be the 100-year flood limit on the southerly side of Mary's Creek; THENCE South 47° 48' 29" East a distance of 342.46 feet to a point; THENCE South 37° 42' 58" East a distance of 94.81 feet to a point; THENCE South 21° 05' 32" East a distance of 75.03 feet to a point; THENCE South 46° 35' 24" East a distance of 50.93 feet to a point; THENCE East a distance of 33.00 feet to a point; THENCE North 49° 00' 46" East a distance of 40.36 feet to a point; THENCE South 69° 42' 09" East a distance of 77.83 feet to a point; Continued '~ '.~ { ?, ~ THENCE South 51° 42' 35" East a distance of 96.83 feet to a point; THENCE South 14° 02' 10" West a distance of 41.23 feet to a point; THENCE East a distance of 51.00 feet to a point; THENCE South 64° 02' 48" East a distance of 125.67 feet to a point; THENCE South 72° 27' 04' East a distance of 122.71 feet to a point; THENCE South 85° 59' 59" East a distance of 143.35 feet to a point; THENCE South 83° 39` 35" East a distance of 181.11 feet to a point; THENCE North 70° 57' 12" East a distance of 177.73 feet to a point; THENCE North 66° 54' 24" East a distance of 214.16 feet to a point; THENCE North 55° 15' 41" East a distance of 166.72 feet to a point, said point being the Southwest corner of Release Tract I, a 36.566 acre tract described in Vol. 7451, Page 1630, and the Southeast corner of the Jean Rowan and Sue Rowan Trust described in Vol. 7454, Page 1652 Deed Records, Tarrant County; THENCE North 0° 30' 00" West a distance of 60 feet to the centerline of Mary's Creek, said point being the present southern city limits of the City of Fort Worth, Texas; THENCE Easterly along the meanders of the centerline of Mary's Creek and southern city limits of the City of Fort Worth, Texas to a point in the west rights-of-way line of Interstate Loop No. 820; THENCE Southeasterly a distance of 225 feet along the west rights-of-way line of Interstate Loop No. 820 and being along a curve with a radius of 5759.58 feet to a concrete monument; THENCE South 26° 55' 54" East along the west rights-of-way line of Interstate Loop No. 820 a distance of 150 feet to a 1/2 inch iron pin, said pin being on a line estimated to be the 100-year flood limit on the south- erly side of Mary's Creek; THENCE in a southeasterly direction along the west rights-of-way of said Loop 820 as follows; Continued .. ~ M ~ ti ~ ,i, THENCE South 26° SS' S4" East a distance of 109.52 feet to a concrete monument for the beginning of a curve to the right, having a radius of 5699.53 feet, then along said curve to the right 527.61 feet (long chord South 24° 16' 42" East 527.42 feet) to a concrete monument for end of said curve, then South 21° 40' 23" East 834.83 feet to a concrete monument for the beginning of a curve to the right, having a radius of 2834.79 feet, then along said curve to the right 397.29 feet (long chord South 17° 26' 18" East 396.96 feet) to a 1/2 inch iron pin for end of said curve and the Southeast cor- ner of the tract herein described. THENCE West along a line 100.00 feet North of and parallel to the South line of said T. G. Zachary Survey 3952.19 feet to the point of beginning and containing 144.62 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 hereinafter 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. a 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 ordi- nance 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. Continued nf; ~ ~~z .' 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, sen- tences, 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 and after the date of its passage on for in Section 35 of Chapter XXVII and it is so ordained. APPROVED AS TO FORM AND LEGALITY: (d1~ ~ ~ ~ a w, W'. ~..tJa m 0 ~Lbl1T~1~1"r CI7`[ Atreal2al~y ADOPTED : ~~J ~r~ ~~~,,~ ~_/U -~'~ EFFECTIVE: ! ~ ~ full force and effect from second reading as provided of the City of Fort Worth, ~., ~,~ ,* . us ut p y o ~• o ~:: . ~~. U ~~: ., ~ ` ,: ~ ~ Pip ~ ~ ; , 3„~' : > ~~, ,~~ 5 , ~;: , ~+E ~ .~ „~,,,f~,, ,~, ~; ~. ~- ~' , , L B ~,.. ,~ / B~ EY ~ ,,~; CRESwELL ._ ,.,-.. SUR l?B ~ SUR 367 i - - ~., .. J , .:: ~- _ ~ / ~.1 /. f ELL /OTT SUR 495 ~ _ _ __ 7 ~~ 0 :.. '~~, ~o~tDlu ~:., ~ ~ d~~. ~ ~~"~_ 1 UNDO Cl. ~ & y - '9~ wMl! S C1 y MAIM CI '(p ~ G~ADYf Cl • • ~ ~,iuw 5 ±- ~I~~ .„~_ ~, C ~, C~~~~ CITY OF~'BEN8R00~ ..~, a G ZACHARY y ~ ~ SUR. ~,/7-55 .f~ A I ..--- _ ~, ..- ..--' .~ V /~~+ ~/~ iF U I I ~ Y ~ I ~; MORTM J ~- f PREPARED BY ' SCgLE I"s 2000! E X H 181 T "Ap DEPARTMENT OF DEVELOPMENT r CORPORATE BOUNDARY CHANGE - CIT1~ OF FORT WORTH PROJECT FILE N~3. AREA O F F O R T W O R T H PUBIC NEARING DATE +,,,., PREVIOUS TOTAL CITY LIMIT AREA s4 r1I D R Q. N 0. TOTAL Tf!IS ORDINANCE ANNEX SQ P1I DEA"dNEx 1ST READirrG DATE NEI: TOTAL CITY LII~IT AREP, SQ NI FINAL READING DATE '~ .. EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name: Texas Wesleyan College Location and Acreage Annexed: Interstate Loop 820 @ Mary's Creek, 144.62 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 S 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. „ ~. '~ '"~ Vii.. ti 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. 4 - '~.: ... a-. ~-e l.. 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- 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. 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 ~~ - .. ~~ ~ ~F 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. ~.~ r 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. A ~\ f NORTH PREPARED BY SCALE i"= 2000' E X ii i E i T "Q" DEPRRT(~Et~T OF f1EVELOPMiENT CORPORATE BOUNDARY CHANGE - CITY OF FORT WORTH PR4~~ECT FILE NO AREA O F F O R T PREY-IOUs TOTAL CITY LIMIT AREA TOTAL TrlIS ORDINANCE ANrJEX DEA"JNEX NE11 TOTAL CITY LII~IT AREP, W O R T H PUBLIC NEARIi~JG DATE s4 r1I ORD. HO. SR r11 1ST READItJG DATE S~ r1I FINAL READING DATc '~, ~ 1.. r .~= ~it~ ®f ' J~"ort or°th, texas ~~Y hlA ~~AG L-R DATE ~ REFERENCE SUBJECT nexa On - eXaS PAGE ~'ftANSPORTATI NUMBER N~PUBIfC WORKS;+~lO Wesle an Colle a Site y g ' 1 1/10/84 G-5876 1 of Nf+3 pEA.L PROPERTY 5 WATER AOMINISTRATiON 4' Mr. Richard W. Wiseman, Attorney and Agent for Texas Wesleyan College, has r~~~~~d annexation of 152.34 acres into the City of Fort Worth. The property i~sAX~ontiguous to Fort~Worth's present City limits. The subject property is within the exclusive extra-territorial 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"). On December 22, 1983, the Development Review Committee approved the subject annexation request. The City Plan Commission recommended approval of the pro- posed annexation on December 28, 1983, A concept plan (C-83-19) and a prelimi- nary plat (P-83-71) were conditionally approved by the Plan Commission on December 28, 1983. Although the City Plan Commission recommended approval of the annexation of the entire 152.34 acre tract, the applicant seeks to annex only 144.62 acres leav- ing a remainder of 7.72 acres, which will be annexed at a future date. Recommendations: It is recommended that the City Council approve the attached Annexation Time- table in order to annex the subject property in compliance with the require- ments of Article 970a of the Revised Civil Statutes of the State of Texas. Attachments Dljpa APPROVED BY CIYY COUNCIL 'r ~ S 2 9. 1984 ~~~u~~~ City Secre~a>y o~ .ne City of Font Ws~rtb, TexaB SUBMITTED FOR THE CITY MANAGER'S ~ DISPOSITION f3Y COUNCIL. PROCESSED BY ~ f)FFICE BY ~~/L,~~ (j ^ APPROVED ORIGINATING David A. Ivory jl ^ OTHER (DESCRIBE) DEPARTMENT HEAD: CITY SECRETARt FOR ADDIf10NAL INFORMATION David A. Ivory 6140 CONTACT DATE