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HomeMy WebLinkAboutResolution 2035A Resolution aQ~ DECLARING THE INSUFFICIENCY OF A PETITION FOR DISANNEXATION OF 187 6 ACRES OF LAND IN ABSTRACT 761 M HUNT SURVEY AND IN ABSTRACTS 1718 AND 1719 J WILCOX SURVEY CITY OF FORT WORTH TEXAS WHEREAS on November 30 1994 the attached petition for disannexation was presented to the City Secretary of the City of Fort Worth requesting disannexation from the City of 187 6 acres of land in Abstract 761 M Hunt Survey and in Abstracts 1718 and 1719 J Wilcox Survey City of Fort Worth Texas and WHEREAS in order for the City Council to have jurisdiction to consider the petition for disannexation and to vote on the request contained in said petition the petition must comply with the requirements of Section 10(A) of Article 970a V T C S and WHEREAS after investigation and report by City Secretary to the City Council as to the sufficiency or insufficiency of said petition it is the conclusion of the City Council that the petition for disannexation does not comply with the requirements of Section 10(A) of Article 970a V T C S the specific reasons for non-compliance being set forth in the report presented by the City Secretary to the City Council in OCS - 681 and WHEREAS the City Council finds that said petition is insufficient to give the City Council the jurisdiction and authority to consider the request contained therein NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH TEXAS 1 That the property which is the subject of the attached disannexation. petition consists primarily of land which was annexed into the City of Fort Worth in 1971 and 1973 such annexations being City Ordinance Nos 6582 And 6817 respectively CITY OF FORT WORTH 2 That the annexations under City Ordinance Nos 6582 and 6817 occurred after the enactment of the Municipal Annexation Act in 1963 (Article 970a V T C S ) and before the amendment to the Act in 1981 thus requiring that any relief granted to the petitioner must be predicted upon compliance with the requirements of Section l0A of the Act prior to the 1981 amendments 3 That Section l0A of Article 970a V T C S provides in part as follows "In the event a city fails or refuses to provide or cause to be provided such services within the time specified herein a majority of the qualified voters residing within such particular annexed area and the owners of fifty (50$) or more the land in such particular annexed area which area must adjoin the outer boundaries of the city may petition the governing body of such city to disannex such particular annexed area 4 That the attached petition does not comply with Section l0A of Article 970a because (a) The petition was not signed by the owners of fifty percent (50~) or more of the land in such particular annexed area and (b) The property petitioned to be disannexed does not adjoin the outer boundaries of the City of Fort Worth 5 That because the petition does not comply with the requirements of Section 10(A) of Article 970a V T C 5 the petition is insufficient to give the City Council jurisdiction to consider approval or denial of the petitioned disannexation 6 BE IT FURTHER .RESOLVED that OCS - 681 presented by the City Secretary to the City Council on January 24 1995 and the findings and conclusion contained therein are hereby adopted by the City Council as its findings and conclusions with respect to the insufficiency of the .attached petition ADOPTED is 24th day of January APPROVED ~ CITY C~Ui~GGiL JAH 2~ 1995 CITY OF FORT WORTH ~"'`~'`'` p~t~~