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Home My WebLink AboutResolution 1411 ~ Resolution ~so~u~a~ Na.~l DECLARING THE INSUFFICIENCY OF A PETITION FOR DISANNEXATION OF 375 ACRES OF LAND PREVIOUSLY ANNEXED BY CITY ORDINANCE NO. 7674. WHEREAS, on March 7, 1989, a petition for disannexation was pre- sented to the City Secretary and received by the Cfty Council of the City of Fort Worth, requesting disannexa- tion from the City of 375 acres of land previously annexed by City Ordinance No. 7679; 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 43.141 of the Texas Local Government Code of 1987, V.T.C.S.; and WHEREAS, after investigation and report by the 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 43.141 of the Texas Local Government Code of 1987, V.T.C.5., the specific reasons for non-compliance being set forth hereinbelow; and •~ ~~ WHEREAS, because the petition for disannexation""does not comply with the express requirements of._Section 43.141 of the Texas Local Government Code-of 1987, V.T.C.S., the. City Council of the City of Fort Worth finds that said-pe.ti- tion is insufficient to give the City Council the juris-~ diction and authority to consider the request contained therein; NOW, THEREFORE, BE IT RESOLVED 8Y THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, that the petition for disannexation of 375 acres of land previously annexed by City Ordinance No. 7679, as presented to the City Secretary and received by the City Council on March 7, 1989, does not comply with Section 43.141 of the Texas Local Government Code of 1987, V.T.C.S., for one or more of the following reasons: 1. That there are 99 signatures appearing on the petition for disannexation. However, the City Council finds that the number of qualified voters signing the petition in accordance :~ CITY OF FORT r1108TS J ;~ with the requirements of Section 43.141(d) of the Texas Local Government Code of 1987, V.T.C.S., does not constitute a majority of the qualified voters in that area.~That for purposes of determining whether or not a majority of the qualified voters in the subject area have petitioned the City Council for disannexa- tion, the City Council hereby refuses to cohsider, for one or more of the following reasons, the signatures of those persons signing the petition whose names appear on Exhibits "A" through "G" of this Resolution: a. The names listed on Exhibit "A" hereof shall not be considered for the reason that they are names of per- sons who do not appear to be registered voters accord- ing to the most recent official list of registered voters, as required. by Section 43.141(d)(4) of the Texas Local Government Code of 1987, V.T.C.S. b. The names listed on Exhibit "B" hereof shall not be considered for the reason that they are not signed on the petition as the person's name appears on the most recent official list of registered voters, as required by Section 43.141(d)(9) of the Local Government Code of 1987, V.T.C.S. c. The names listed on Exhibit "C" hereof shall not be considered for the reason that these names do not include a precinct number on the petition, as required by Section 43.141(d)(5) of the Texas Local Government Code of 1987, V.T.C.S. d. The names listed on Exhibit "D" hereof shall not be considered for the reason that these names do not include a voter registration number on the petition, as required by Section 43.141(d)(5) of the Texas Local Government Code of 1987, V.T.C.S. e. The names listed on Exhibit "E" hereof shall not be considered for the reason that the residence address given on the petition for each such name is a residence address located outside the area petitioned to be dis- annexed. f. The names listed on Exhibit "E" hereof shall not be considered for the reason that the residence address given on the petition for each such name is different from the residence address appearing on the most recent official list of registered voters. g. The names listed on Exhibit "G" hereof appear to be persons who signed the petition more than once, and, therefore, such duplicate names shall be combined and counted only once, if at all. C!~! QP x'08'! WO~'P~ That the City Council finds that there are 101 quali- fied voters in the area requested to be disannexed. That the City Council further finds that by disqualifying from consideration those names listed on Exhibits "A" through '~G", there is one (1) signature of a qualified voter on the subject petition which complies with the requirements of Section 43.141 of the Texas Local Government Code of 1987, V.T.C.S.; and as such this one (1) signature does not constitute a majority of the qualified voters of the area petitioned to be disannexed so as to permit the City Council to consider the request for disannexation. 2. That in addition to the above, the City Council further finds that the subject petition contains no evidence on its face showing or tending to show that before the petition was circu- lated among the voters, notice of the petition was given by: a. Posting a cony of the petition for 10 days in three public places in the area petitioned to be disannexed; and b. Publishing a copy of the petition once in a newspaper of general circulation serving the petitioned area before the 15th day before the date the petition was first circulated. That the above posting and publication requirements are specifically mandated by Section 43.141(f) of the Texas Local Government Code of 1987, V.T.C.S., before said petition may be circulated among the voters, and absent any evidence of compli- ance with the time requirements prescribed therein, the City Council hereby finds the petition for disannexation to be defec- tive, and as such will not consider the request for disannexa- tion. 3. That finds that the the publisher was published, and the date requirement of of 1987, V.T Council hereby tive, and as tion. in addition to the above, 'the City Council further Subject petition contains no sworn affidavit of of the newspaper in which notice of the petition stating the name of the newspaper and the issue of publication, said affidavit being a specific Section 43.141 of the Texas Local Government Code .C.S.; and that absent such affidavit, the City finds the petition for disannexation to be defec- such will not consider the request for disannexa- ADOPTED this 25th day of April, 1989. CITY OF FORT rITORTB APPROVED BY C11Y COt,liVCll APR 25 t989 c vrr ~ w ryotF W '_ NAME AS SIGNED Steven Haugrud Wanda Bouldin Sheryl Kelley Carolyn Richardson Edwin C. Camp Myrna Camp Franklin C. Miller Judy C. Miller Willis B. Walker Mrs. Willis B. Walker Betty C. Martin E. H. Martin Kenneth Casper • EXHIBIT "A" NAMES ON PETITION WHICH DO NOT APPEAR ON THE MOST RECENT OFFICIAL LIST OF REGISTERED VOTERS ADDRESS AS SIGNED 11117 Smallwood 11401 Smallwood 10909 Smallwood 10908 Smallwood 11109 Smallwood 11109 Smallwood 11109 Oak Grove Road 11109 Oak Grove Road 1600 Oak Grove Road East 1600 Oak Grove Road East Route 3, Box 19C Route 3, Box 19C 11008 Smallwood Road ,,.- " EXHIBIT "B" NAME AS SIGNED Emma Kindred Robert Ellis Jo Ellis Betty Owen Mary Fuller Robert L. Morris Delores William Lila Haugrud Mary Balch L. Gordon Walker Jim Kelley Gordon Paulowsky Carole G. Paulowsky Nancy Ann Williams Billy K. Owen •Debretha Randel "Gary Randel Lawrence Randel John Flaharty Mary Flaharty Ann Martin Gary Martin Ben Williams Aliece Watts J. D. Watts Paula Kaiser Kenneth Flynn ~ Deborah Flynn Linda Melton A. Dennis Melton NAMES ON PETITION WHICH ARE NOT SIGNED AS THAT PERSON'S NAME APPEARS ON THE MOST RECENT OFFICIAL LIST Of REGISTERED VOTERS ADDRESS AS SIGNED 11017 Smallwood 11316 Smallwood 11316 Smallwood 1809 Oak Grove Road East 11100 Smallwood 11301 Oak Grove Road 11305 Oak Grove Road South 11117 Smallwood 11116 Smallwood Rt. 3, Box 24, Burleson 10909 Smallwood 11201 Smallwood Road 11201 Smallwood Road 11209 Smallwood Road 1809 Oak Grove Road East Burleson, Texas 1825 Oak Grove Road East Burleson, Texas 1825 Oak Grove Road East Burleson, Texas 1825 Oak Grove Road East Burleson, Texas 2009 Oak Grove Road East Burleson, Texas 2009 Oak Grove Road East Burleson, Texas 1917 Oak Grove Road East 1911 Oak Grove Road Burleson, Texas 11305 Oak Grove Road South Route 3, Box 39 11001 Smallwood Burleson, Texas 76028 11001 Smallwood Burleson, Texas 76028 10900 Smallwood Burleson, Texas 76028 10916 Smallwood Drive Burleson, Texas 76028 10916 Smallwood Drive Burleson, Texas 76028 11000 Smallwood Burleson, Texas 16028 11000 Smallwood Road Burleson, Texas 76028 NAME AS REGISTERED Emma~Scott Kindred Robert Neal Ellis Zella Ayres Ellis Betty Tompkins Owen Mary Anglin Fuller Robert Lee Morris Delores Phelps William Lila Roulston Haugrud Mary Wahle Balch Luther Gordon Walker Jimmy Ray Kelley Benjamin Gordon Paulowsky Carole Graves Paulowsky Nancy Cannon Williams Billy Knight Owen Debretha Taylor Randel Gary Lawrence Randel Lawrence Wayne Randel John Alvy Flaharty, Jr. Mary Nell Wilson Flaharty Helen Reed Martin Gary C. Martin Bernard David Williams Aliece Barrios Watts Jimmy Dan Watts Paula Souder Kaiser Kenneth Wayne Flynn Deborah Moore Flynn Linda Ford Melton Alvin Dennis Melton .~~ EXHIBIT "B" Page Two NAMES AS SIGNED ADDRESS AS SIGNED NAMES AS REGISTERED B. R. Stricklin 11016 Smallwood Ben Ross Stricklin P. O'Connor 11200 Smallwood Albert Patrick O'Connor heri L. O'Connor ~ 11200 Smallwood Sheri Vaught O'Connor , r Bernard H. Burzlaff 11317 Smallwood Bernard Herbert Burzlaff Joan K. Burzlaff 11317 Smallwood Joan.Krueger Burzlaff Shirley Taylor 11325 Smallwood Shirley Williams Taylor Richard Taylor 11325 Smallwood Richard Dean Taylor Ronny Berry 11429 Smallwood Ronny Emmitt Berry Beverly J. Nabors 11101 Smallwood Beverly Jo Berry Nabors Tina Stricklin 11016 Smallwood Tina Eppright Stricklin firances Stasky 1130D Smallwood Road Frances Helen Stasky Michael Stasky 11300 Smallwood Road Michael Reginald Stasky Brenda Fellers 10917 Smallwood Brenda Yaden Fellers Danny J. Miller 11433 Smallwood Danny Jawaw Miller Karen Miller 11433 Smallwood Karen Combs Miller Linda Pressley 11428 Smallwood Drive Linda Riley Pressley Jerry Pressley 11428 Smallwood Orive Jerry F. Pressley Robyn Willis 11209 Dak Grove Robyn Logsdon Willis Tom Willis 11209 Oak Grove Thomas Lowell Willis H. D. McCuen 11201 Oak Grove Road Hubert Dale McCuen P. J. McCuen 11201 Oak Grove Road Phyllis Gruakle McCuen Donna Falzarano 11009 Smallwood Donna Mathis Falzarano hillip N. Small 11300 Oak Grove Phillip Norman Small avid J. Smallwood 11120 Oak Grove South David Joe Smallwood Shirley Smallwood 11120 Oak Grove South Shirley Marrs Smallwood Danny McKay 10909 Qak Grove Road South Danny Elgie McKay Sue McKay 10904 Oak Grove Road South Beverly Moore McKay Cecil D. Williams 10900 Oak Grove Road South Cecil Deloy Williams Johnny Nabors 11101 Smallwood Johnny Oral Nabors Gary T. Balch 11116 Smallwood Gary Thurman Balch S. W. Hollingsworth 1500 Oak Grove Road East S. W. Hollingworth, Jr. Gloria Hollingsworth 1500 Oak Grove Road East Gloria Donnell Hollingworth Walter C. Rains 11108 Smallwood Road Walter Carl Rains Jamie 0. Rains 11108 Smallwood Road Jamie Shahan Rains Margie Taylor 11101 Oak Grove Road Margie Pressley Taylor Gene R. Stiles 2001 Oak Grove Road East Gene Raymond Stiles Marla Stiles 2001 Oak Grove Road East Marla Jo Stiles Valentine Moses 1925 Oak Grove Road East Valentine Lester Moses John Moses 1925 Oak Grove Road East John Henry Moses Doris Alois 1909 Oak Grove Road East Doris Pfeffinger Alois Jon W. Alois 1909 Oak Grove Road East Jon Wayne Alois Angelo Falzarano 11009 Smallwood Angelo Falzarano, Jr. • ~„ _ ,AME AS SIGNED Elizabeth L. Morris Jim Kelley 8yr1 R. Feller Linda Melton Kenneth Casper B. R. Stricklin Bernard H. Burzlaff Joan K. Burzlaff Shirley Taylor Richard Taylor Wanda Bouldin Ronny Berry Beverly J. Nabors Carolyn Richardson Edwin C. Camp Myrna Camp Franklin C. Miller Judy C. Mi 11 er Margie Taylor ~Jillis B. Walker Mrs. Willis B. Walker EXHIBIT "C" NAMES ON PETITION WHICH FAILED 70 INCLUDE A PRECINCT NUMBER ADDRESS A5 SIGNED Route 3, Box 24, Burleson 10909 Smallwood 10917 Smallwood Drive 11000 Smallwood 11008 Smallwood Drive 11016 Smallwood 11317 Smallwood 11317 Smallwood 11325 Smallwood 11325 Smallwood 11401 Smallwood 11429 Smallwood 11101 Smallwood 10908 Smallwood 11109 Smallwood 11109 Smallwood 11109 Oak Grove Road 11109 Oak Grove Road 11101 Oak Grove Road 1600 Oak Grove East 1600 Oak Grove East ~_„_. . S EXHIBIT "D" r ., AME AS SIGNED m Steven HaUgrud Elizabeth L. Morris Lawrence Randel Kenneth Casper Wanda Bouldin Beverly J. Nabors Carolyn Richardson Edwin C. Camp Myrna Camp Linda Melton Billy K. Dwen Franklin C. Miller Judy C. Miller ' John Moses Margie Taylor Willis B. Walker Mrs. Willis B. Walker Betty C. Martin NAMES ON PETITION WHICH (AILED TO INCLUDE A VOTER REGISTRATION NUMBER ADDRESS AS SIGNED 11117 Smallwood 11301 Oak Grove Road 1825 Oak Grove Road East, 11008 Smallwood Road 11401 Smallwood 11101 Smallwood 10908 Smallwood 11109 Smallwood 11109 Smallwood 11000 Smallwood Road 1809 Oak Grove Road East 11109 Oak Grove Road 11109 Oak Grove Road 1925 Oak Grove Road East 11101 Oak Grove Road 1600 Oak Grove East 1600 Oak Grove East Route 3, Box 19C Burleson, Texas r1 EXHIBIT "E" ~~ NAME AS SIGNED Phillip N. Small David J. Smallwood Shirley Smallwood Paul Penn Cecil D. Williams NAMES ON PETITION WHOSE RESIDENCE ADDRESS AS NOTED ON THE PETITION IS NOT WITHIN THE AREA PETITIONED FOR DISANNEXATION ADDRESS AS SIGNED 11300 Oak Grove 11120 Oak Grove South 11120 Oak Grove South 10916 Oak Grove Road 10900 Oak Grove Road South t j NAME AS SIGNED Robert L. Morris John Flaharty Mary Flaharty Ben Williams David J. Smallwood .Shirley Smallwood Danny McKay Sue McKay Billy K. Owen S. W. Hollingworth Gloria Hollingsworth Gene R. Stiles Cliffa Jean Stiles ~lentine Moses _,,ohn Moses Doris Alvis Delores Phelps Williams Betty Owen Elizabeth L. Morris Phillip N. Small EXHIBIT "F" NAMES ON PETITION ADDRESS THAT IS RESIDENCE ADDRESS RECENT OFFICIAL VOTERS WHICH GIVE A RESIDENCE DIFFERENT FROM THE APPEARING ON THE MOST LIST OF REGISTERED ADDRESS AS SIGNED 11301 Oak Grove Road 2009 Oak Grove Road East Burleson, Texas 2009 Oak Grove Road East Burleson, Texas 11305 Oak Grove Road South Route 3, Box 39 11120 Oak Grove South 11120 Oak Grove South 10409 Oak Grove Road South 10909 Oak Grove Road South 1809 Oak Grove Road East 1500 Oak Grove Road East 1500 Oak Grove Road East 2001 Oak Grove Road East 2001 Oak Grove Road East 1925 Oak Grove Road East 1925 Oak Grove Road East 1909 Oak Grove Road East 11305 Oak Grove 1809 Oak Grove Road East 11301 Oak Grove Road 11300 Oak Grove Road ADDRESS AS REGISTERED 11209 Oak Grove Road 2009 Forest Hill Everman Road 2009 Forest Hill Everman Road 11309 Oak Grove Road South 11120 Forest Hill Everman Road 11120 Forest Hill Everman Road 10909 Forest Hill Everman Road 10909 forest Hill Everman Road 1809 forest Hill Everman Road Route 3, Box 19 Route 3, Box 19 2001 Forest Hi11 Everman Road 2001 Forest Hill Everman Road 1925 forest Hi11 Everman Road 1925 Forest Hill Everman Road 1909 Forest Hi11 Everman Road 11309 Oak Grove Road South 1809 Forest Hill Everman Road 11209 Oak Grove Road 11300 Forest Hill Everman Road EXHIBIT "G" ME AS SIGNED Delores Williams Delores Phelps Williams Bernard David Williams Ben Williams Richard Taylor Richard D. Taylor Linda Melton Linda Melton Kenneth Flynn Kenneth Flynn Beverly J. Nabors Beverly J. Nabors Illy K. Owen Billy K. Owen Betty Owen Betty Owen NAMES APPEARING MORE THAN ONCE ON THE PETITION ADDRESS AS SIGNED 11305 Oak Grove Road South 11305 Oak Grove 11305 Oak Grove 11305 Oak Grove Road South, Rouote 3, Box 39 11325 Smallwood 11325 Smallwood Road 11000 Smallwood Road, Burleson, Texas 11000 Smallwood Road 10916 Smallwood Drive, Burleson, Texas 10916 Smallwood Rdad 11101 Smallwood 11101 Smallwood 18D9 Oak Grove Road East, Burleson, Texas 1809 Oak Grove Road East 1809 Oak Grove Road East 1809 Oak Grove Road East, Burleson, Texas