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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 CITY CC~N~~~ SEP ~.9 ~ @.~+~ p pi~ ko~ ~ z~s CITY OF FORT WORTH