HomeMy WebLinkAboutResolution 2054` Jam, - ..ca
A Resolution ~p~~
DECLARING THE INVALIDITY AND 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 February 15, 1995, 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 ;peti`tion for~;~ disannexation and to vote on
the request contained ri '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 the City Secretary to
the City Council concerning said petition, it is the
conclusion of the City Council that the petition for
disannexation is invalid and 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 68'17S,s~respectively
2
That the annexations under City Ordinance Nos 6582 and 6817
Z~, 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 in accordance with the requirements of Section 10A of the
Act prior to the 1981 amendments
3
That Section l0A of Article 970a, V T C S , provides in part
as follows
CITY OF FORT WORTH
• "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 percent (50%) or more of 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, V T C S , 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
Accordingly, for the reasons set out hereinabove and in the
report by the City Secretary to the City Council, identified as
OCS- 703 , the petition is invalid and insufficient to give
•~ the City Council jurisdiction to consider approval or denial of the
petitioned disannexation
6
BE IT FURTHER RESOLVED that OCS - 703 , presented by the
City Secretary to the City Council, and the findings, conclusions,
and determinations contained therein, are hereby adopted by the
City Council as its findings, conclusions and determinations with
respect to the invalidity and insufficiency of the attached
petition
ADOPTED this -~ day of April, 1995
APPRO~J~A
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CiTI~ ~Q~~~ a
AF'R 4 195
1
City Se~a®tcry of the
City of Font ~oi~t, Fe~caa
CITY OF FORT WORTH