HomeMy WebLinkAboutResolution 2093A Resolution aog3
DECLARING THE INVALIDITY AND INSUFFICIENCY OF
A PETITION AND NOTICE FOR DISANNEXATION OF
190 6156 ACRES OF LAND IN ABSTRACT 761 M
HUNT SURVEY AND IN ABSTRACTS 1718 AND 1719
J WILCOX SURVEY CITY OF FORT WORTH
WHEREAS on 3uly 25 1995 the attached petition for disannexation
was presented to the City Secretary of the City of Fort
Worth requesting disannexation from the City of 190 6156
acres of land in Abstract ?61 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 and
notice thereof must comply with the requirements 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 and
notice for disannexation are invalid and insufficient to
give the City Council the jurisdiction and authority to
consider the request contained therein NOW THEREFORE
BE IS 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
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 amendments to the Act
in 1981 thus requiring that any relief granted to the petitioners
must be in accordance with the requirements of Article 970a prior
to the 1981 amendments
CITY OF FORT WORTH
3
That Section i0(A) of Article 970a requires that the property
sought to be disannexed "must adjoin the outer boundaries of the
city "
4
That Section 10{C) of Article 970a requires that a petition
for disannexation shall have attached to it "a plat of the
particular annexed area "
5
That Section 10(C) of Article 970a further provides that in
addition to the posting of the petition in three public places
notice of the petition shall be given by publishing it in a
newspaper of general circulation serving the annexed area at least
fifteen (15) days prior to the circulation of the petition
6
That the City Council hereby finds that the attached petition
and notice thereof are invalid and insufficient and do not comply
with the requirements of Article 970a V T C S because
(a) The property petitioned to be disannexed does
not adjoin the outer boundaries of the City of
Fort Worth
(b) The petition submitted to the City of Fort
Worth contains no plat or map of the property
petitioned to be disannexed and there is no
evidence showing or tending to show that the
copy of the petition required to be posted in
three public places included a copy of the
required plat or map and
(c) A copy of the petition was not published in a
newspaper of general circulation serving the
annexed area at least fifteen (15) days prior
to circulation of the petition
CITY OF FORT WORTH
7
Accordingly for the reasons set out herenabove and contained
in the report to the City Council by the City Secretary identified
as OCS-746 the petition and notice thereof do not comply with the
requirements of Article 970a V T C S and are invalid and
insufficient to give the City Council jurisdiction to consider
approval or denial of the petitioned disannexation
8
BE IT FURTHER RESOLVED that OCS-?46 presented to the City
Council by the City Secretary 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 and notice thereof
ADOPTED this~~~1 day of September 1995
APPR01{EQ
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CITY OF FORT WORTH