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HomeMy WebLinkAboutOrdinance 8965,~ •~ _ ^,~ '._- Ordinance No ,yam AN ORDINANCE DECLARING CERTAIN FINDINGS, PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH, PROVIDING FOR THE ANNEXATION OF CERTAIN 29.49 ACRES (0 047 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 IIV CONFLICT HEREWITH, PROVIDING THAT THIS ORDINANCE SI-iALL 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, wYierein all interested persons were provided an opportunity to be heard on the proposed annexation of the territory hereinafter described, was held within the territory proposed to be annexed, on the 4th day of October, 1983, 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 annexation of the territory hereinafter described, was he]_d in the City Council Chambers of the Municipal Office Building of Fort Worth, Texas, on the 18th day of October, 1983, 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 published in a newspaper having general circulation in the City of Fort Worth, Texas, and in the hereinafter described territory on the 23rd day of September, 1983, which date was not more than twenty (20 ) nor less than ten ( 10 ) days prior to the date of said pub]_ic hearing, and WHEREAS, notice of the second such public hearing was published in a newspaper having general circulation in the City of Fort Vlorth, Texas, and in the hereinafter described territory on the 7th day of October, 1983, 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 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 ~~ WHEREAS, the hereinafter described territory contains 29 49 acres (0. 047 square miles) of land, more or less, NOihr, 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 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, to-wit ~~ BEGINNING at a point in the South line of Interstate Highway No 20, said point being 960 varas East and 38.1 varas South of the Northwest corner of said Survey, THENCE along the South R O.W. line of said Highway S. 85 degrees - 24' E. 148.9 feet, THENCE S. 68 degrees - 47' E. 104.4 feet along said R.O.W line to an iron pin, THENCE N. 77 degrees - 36' E 102.9 feet to an iron pin. THENCE S . 83 degrees - 48' E . 61 .6 feet to an iron pin at the intersection of the south R.O.W. line of said Highway and the East line of the above referenced tract, THENCE S 1 degree - 08' W 2838 9 feet along an old fence line to an iron pin at fence corner and the Southeast corner of the herein described tract, THENCE N. 89 degrees - 29' W. 408 6 feet along an old fence line to an iron pin, THENCE N. 1 degree - 08' E. 1442 67 feet to a point for corner, THENCE West 142.0 feet to a point for corner, same being the Northeast corner of Lot 1, Block 12, Linkwood Estates, as recorded in Volume 388-7, Page 136, Plat Records, Tarrant County, Texas, said point being the South line of Linkway Drive, THENCE N. 1 degree - 08' E. to and along the East line of Block 11, of said Linkwood Estates 860.0 feet to a point in same, said point being 10.0 feet South of the Southeast corner of Lot 4 of said Block 11, THENCE East 142.0 feet to a point for corner, THENCE N. 1 degree - 08' E. 565.83 feet to the POINT OF BEGINNING and containing 29.49 acres. Section 2. That the above described territory is shown on Map Exhibit "A" which is attached hereto and expressly incorporated herein by reference for the purpose of illustrating and depicting the location of the hereinabove described territory. ~i ~; 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 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 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 confli-ct 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 after the date of its passage on Section 35 of Chapter XXVII of Worth, and it is so ordained. in full force and effect from and second reading as provided for in the Charter of the City of Fort AP ROVED AS TO FORM AND LEGALITY Wade Adkins, City Attorney Adopted ~~- /Q-~3pp Effective ~~ "/.3- 0,3 d S' EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name: W. HOUSTON SURVEY Location and Acreage Annexed: U.S. HIGHWAY 80 WEST, WEST OF LOST CREEK ADDITION. 29.49 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. ~~ a 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 anc3 Cn~P F.nfnrramant ~arvincc (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 anti T,ei GurP ~arvi t~ac (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. ,y (. 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 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. Upan 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. ~~~~eo ~-sci-~E PREPARED SY NOR7K ~ :EXHIBIT "A"~ ----oEPpRr~rENT of ce~~-,~ - ~, d CORPQR~TE B~Ut~D~RY CHANGE - CITY ~F I:ORt Y~ORTH PROJECT FILE NO ~-~~EA o ~ F 0 R ~ ~ ~ ~~ SQ t1I PUBLIC HEARING DATE PREVIOUS TOTAL CITY LIMIT AREA .; APdNEX TOTAL Tt' I S ORD I NAPdCE DEA?dNEX NEI~J TOTAL CITY LIf~iIT RREP Q~Q. ~Id. SQ P1I ~ 1ST READI~JG DATE SQ P1I ~ FINAL READING DATE ;~ _P ~:~ q ER .FILE 1 CITY k1 AiJ A. r=7 1 ACCDUNTIN TRANSPORT R~AI PRO T.4x 1 WAFER tlEVELOF PLAN Ni CtYY SI LAW) POLICE ,FARE AI _' ., ~it~ ~f ' F''t~rt worth, texas ...~ DATE REFERENCE SUBJECT Annexation - West Houston PAGE TION'~UBLIC WORKS+;® NUMBER Survey 1 8/30/83 **PZ- 1228 '°' ERTY 5 Background °"":" rank Ayers, trustee, and Ms. Helga Ferrill have requested annexation of 29.49 acres into the City of Fort Worth. The land is contiguous with Fort IEf~T 3 Worth's present City limits. It is vacant and lies within the exclusive Giextraterritorial jurisdiction (ETJ) of Fort Worth. A map (Exhibit "A"), illustrating the territory to be annexed, is attached. tVICES - r On August 24, 1983, the City Plan Commission recommended approval of the proposed annexation of 26.69 acres out of the West Houston Survey. On August a~,,,~ ~TRf1TC~~~1 the City Council approved M&C PZ-1215 setting the timetable for the annexation process. The annexation request was formally cancelled on August ""1~2A;10 183 in order to increase the acreage in the annexation request . On 1983, the applicants submitted a revised annexation request for September 1, ~ 29.49 acres out of the West Houston Survey. Because the prior timetable had been approved by City Council, the Department of Law determined that a new/revised annexation request must be submitted. City Plan Commission approval will not be required a second time. Recommendation , It is recommended 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. DAI:gb Attachments APPROVED BY CITY CQUNCI~. S EP 2~l 1983 // ~'~~ City Secretary of Jhe City o~ ~fl~ Wprthr ~emg / SUBMITTED FOR THE. Q7 GER'S A DISPOSITION BY COUNCIL. PROCESSED BY ~~ ~~~~ FIFFICE BY ^ APPROVED ORIGINATING Joe Bilardi O OTHER (DESCRIBE) DEPARTMENT HEAD: CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Jolene Loftis Ext 8175 DATE