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HomeMy WebLinkAboutOrdinance 8985 ORDINANCE No.~~~ AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSTON OF CERTAIN BOUND- ARY LIMITS OF THE CITY OF FORT WORTH; PRO- VIDING FOR THE ANNEXATION OF A CERTAIN 624. 057 ACRES (0.976 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, PPOVIDING 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. WIIEREAS, a public hearing before the City sta.f.f of the City of Fort Worth, Texas, wherein a11. 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 1st day of November, 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 held in the City Council Chambers of the Municipal Office Building of Fort Worth, Texas, on the 15th day of November, 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 21st 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, noticQ of the sE.cond such pubi.:i.c hearing was published in a newspaper having general circulation i.n the City of Fort Worth, Texas and in the hereinafter described territory on the 4tli day of November, 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 ex r_raterritorial 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, L-he hereinafter described territory contains 624.057 acres (0.976 square miles) of land, more or less; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS ._ F ': •t,-, . . ~ .-~ ; , 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 l.imi.ts of the City of Fort Worth, Texas, anal 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-wi.t TRACT 1 Being a tract or parcel. of land out of the J.J. Al.birado Survey, Abstract #4, the J.W. Asberry~~5urvey, Abstract #52, the Puerta Tierra Irrigation Co. Survey, Abstract #1831, the R.J. Ware Survey, Abstract #2008, the I. Flores Survey:; Abstract #507,~`and the J. Van Lent Survey, Abstract #1871, situated ~~ in Tarrant County, Texa s and described as follows BEGINNING at an iron pipe in the East line of the Puerta Tierra Irrigation Co. Survey in the South line of County Road #1054, 10 varas South of the Northeast corner of said Survc=.y, THENCE South 0 degree -35' East wi.tli fence line 5766.2 feet to an axle located at a fence corner, THENCE South 89 degrees -28' -30" ~dest with a fence line 3664.0 feet to a. 1 inch pipe for corner, THENCE North. 0 degree -22' West 6135.0 feet to an iron pin for corner in the South line of County Road #1089, THENCE North 89 degrees -41' East along a fence and the South line of said Road 869.5 feet to an axle, ~~ THENCE South 83 degrees -00' -40" East along a fence and the South line of County Road #1054, a distance of 2796.0 feet to the point of beginning and containing 502.561 acres of land. TRACT 2 Being a tract or parcel of land out of the T & P. R.R. Co. Survey, Abstract #1576 and the J. Van Ler-t Survey, Abstract #1871, situated in Tarrant County, Texas and described as follows BEGINNING at an iron pin in the East l.i.ne of said T & P. P..R. Co. Survey, South 1131.62 feet from its Northeast corner; THENCE South 0 degree -11' -50" East along a fence, and along the East line of said T & P. R.P.. Co. Survey, passing i.ts southeast corner and continuing along the East line of said J. Van Lent Survey, 2893.33 feet to an axle for corner in the North line of County Road #1054; THENCE North 83 degrees -00' -10" West, along a fence and the North line of said Road, 1798.83 to an iron pin at the beginning of a curve to the right having a radius of 144.93 feet, THENCE Northerly along said curve to the right 208.83 feet to an iron pin for corner in the East line of County Road. #1089; T1}ENCE North 0 degree -26' -40" West along a fence and the East line of said Road 2506.35 feet to an iron pin for corner; THENCE North 89 degrees -15' East along a fence 1922.32 feet to the point of beginning and containing 121.496 acres of land. 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. it ~:~ 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 entitJ.ed to al.l 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 al. .l. 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 the annexed. SECTION 5. That this ordinance shal.]. and does amend every prior ordinance in canf]_ict herewith, but as to all other nrd:inances or sections of ordinances not in direct confJ.ict, this ordinance sha].J. be and the same is hereby made curnul.ative. SECTION b. 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 i.f 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 af_t.er the date of its passage on second reading as provided for in Section 35 of Chapter XXVIT of the Charter of the City of Fart Worth, and i.t is so ordained. APPROVED AS TO FORM AND GALITY Wade Adkins, City Attorney ADOPTED r~ jo.. -~_ EFFECTIVE EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA .~ u Name: Summer Creek Addition Location and Acreage Annexed: Old Grandbury Road at Columbus Trail. 624.057 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 (i) 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 eme-rgency 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. i. 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 far 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 a 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, andfor 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. `- e ' z . ~. 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 J. f HEATH SUR, i _ -~ •~ ~~ / w j'~ /. /ALB/RADO ,SY/R. - - -f { PREPARED BY SCALE 1"=2000~j EXHIBIT '~A° CiTY PLANNING :DEPARTMENT ~ CORt'ORATE 80UNOARY CHANGE - CITY Of TORT WORTH PROJECT- FILE NO AREA O T T 0 R1 PREVIOUS TOTAL CITY LIMIT AREA TOTAL TEiIS ORDINANCE ANNEX DEA?~NEX NEl-7 TOTAL CITY LIt7IT AREA W O R T H PiJBLIC HEARING OATE SQ P9I ORO. N0. SQ P1I ~ 1ST READIIIG DATE SQ PdI ~ FINAL READING DATE ~. SEER FtLE•2 ' ~ C17Y IIAAN~~. ~ ~~ ILJJ ®~ ~l.W l/ Ui~ ~® 1(~I{/ 0 IlilL/~~ ~®~~ ((~t(~ U 1{i (Lll/'ltV IL (L®U /ryCCOUNTING•2 ef~ S'RAMSPORTA'FU' ~ `[SA"T~axTR1fS•A REFERENCE SUBJECT Annexation - Summer Creek PAGE NUMBER DEVEIOPMENi Y 10/18/83 **G-5789 Addition 1 of- 1_ pl/~NNING• I Mr. ~liot B. Barnett, venture and operating partner of BSC & CSC Joint Ventures, !RATER AOMINI ~R~ias •requested annexation of 624 057 acres into the City of Fort Worth. The ~~.1 subject property is vacant, it is within Fort Worth's exclusive extraterritorial urisdiction (ETJ), and it is contiguous to the present corporate limits of Fort CfCti gfRVICE ' ~OY.th l5D1JCE ADMINIST ATION•L' On September 22, 1983, the Development Review Committee approved the subject iiRE ADMINIS RAaraxatiot~ request The City Plan Commission recommended approval of the proposed annexation on September 28, 1983. A concept plan (C-83-12) has been submitted ~ it~lt,pROPER~ ~'or review and was approved by the City Plan Commission on September 28, 1983 Recommendation It is recommended tfiat 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 kc Attachments ~ APPROVED BY c~r~ couNCiL OCT 18 1983 ~~ ~~~~ cart secietn ~""~'""`' Zll oa the Cate ~ Fpg ~V~t2~, ~ SUBMITTED FOR THE CITY MANAGER'S nFFICE BY ,~ ~ ~ ~ /~ DISPOSITION BY COUNCIL. PROCESSED BY ~~~ -/ 1~.(~ ~ ~ ~ ^ APPROVED ORIGINATING r OTHER .(DESCRIBE) DEPARTMENT HEAD; JOe Bil ardi CITY SECRETARY _ FOR ADDITIONAL INFORMATION CONTACT Jolene Loftus L'Xt. 8175 GATE