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HomeMy WebLinkAboutOrdinance 5081 ORDINANCE NO. urn OFFICIAL RECORD AN ORDINANCE EXTENDING THE CORPORATE LIMITS OF THE CITY SECRETARY CITY OF FORT WORTH SO AS TO INCLUDE IN SAID CITY FT. WORTH, TEX. THE TRINITY RIVER AND THE LAND LYING ON BOTH SIDES THEREOF FOR A DISTANCE OF TWENTY-FIVE HUNDRED (2,500) FEET MORE OR LESS FROM THE THREAD OF SAID STREAM; AUTHORIZING THE CITY OF FORT WORTH TO SECURE LAND WITHIN THE TERRITORY SO ANNEXED FOR THE IMPROVEMENT OF NAVIGATION AND FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING WHARVES, DOCKS AND OTHER .FACILITIES; PROVIDING FOR REGULATION AND POLICING OF SAID AREA; PROVIDING FOR PUBLICA- TION; PRESCRIBING A SEVERABILITY CLAUSE; AND NAMING AN EFFECTIVE DATE. WHEREAS, under the express provisions of Articles 1183, 1184, 1185 and 1186 of the Revised Civil Statutes of the State of Texas, the Legislature has authorized cities situated along and upon navigable streams to extend, by ordinance, their boundaries so as to include in said cities the navigable stream and the land lying on both sides thereof for a distance of twenty-five hundred (2,500) feet or less from the thread of the stream to a distance of twenty (20) miles or less in an air line from the ordinary boundaries of said cities, either above or below the boundaries of said cities, or both, and granting to said cities within said added territory the right to purchase or condemn property for navigation and wharfage and for aids or facil.it-es to either, and granting full and complete power of regulation of navigation and of wharfage and over all facilities and aids to either, and full power to enforce all ordinances for the policing of navigation and wharfage and all such facilities and aids thereto; and, WHEREAS, the City of Fort Worth is situated upon a nav- igable stream, to wit, the Trinity River of Texas, and is act- ing under a special charter duly authorized by the electorate on December 11, 1924, and is desirous of extending its bound- aries in accordance with the authority granted by the• 1,egisla ture under such statutes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That from and after the passage of this ordinance, the corporate limits of the City of Fort Worth be and are hereby extended for the limited purposes hereinafter set forth, and the hereinafter described territory lying adjacent to the City of Fort Worth is hereby annexed and brought within the cor- porate limits under the provisions of Articles 1183, 1184, 1185 and 1186 of the Revised Civil Statutes of the State of Texas: SECTION 2. That within the territory hereinabove described and embraced by the extension of the corporate lirt-.,: -,-s c of Fort Worth, being a strip of land five thousand (5,0001, feet wide or less and lying on both sides of the Trinity R°_.7er a distance of twenty-five hundred (2,500) feet or less from the thread of the stream, the said City of Fort Worth hereby assumes, and its officers and agents shall have the right, power and authority to secure land within said territory so added to said city, by purchase, condemnation or gift, for the improvement of navigation of the Trinity River either in conjunction with the United States of America or by the City of Fort Worth, for the purpose of establishing and maintaining wharves, docks, railway terminals, spur tracks, warehouses or any other facilities or aids whatsoever. Provided, further, that after the passage of this ordinance adding and annexing such territory to the said city of Fort Worth, the City of Fort Worth shall have and exercise within said annexed terri- tory the fullest and most complete power of regulation of navi- gation and of wharfage, and of wharfage rates, and of all fa- cilities, conveniences and aids to wharfage or navigation con- sistent with the Constitution of the State of Texas, and shall further have authority by its criminal ordinances, or otherwise, to police the navigation of said waters and the use of said wharves and facilities and aids to wharfage or navigation, pro- vided that in all condemnation proceedings under this ordinance the same procedure shall apply that now applies under the pro- visions of Articles 3264 through 3271 of the Revised Civil Statutes of the State of Texas and amendments thereto, and pro- vided, further, that the powers herein assumed are not intended to apply, and shall not apply, within the legally annexed ter- ritory of any city which is already legally incorporated under the general laws, or under a special charter, or to any land now legally belonging to any other city or town. SECTION 3, That the land and premises included within the cor- porate limits hereby extended lying beyond the ordinary bound- aries of said City as they existed prior to the adoption of this ordinance are not subject to taxation by the City of Fort Worth and shall not be taxed by said City, nor shall the in- habitants of said territory so included be entitled to the bene- fits derived from taxation by said City nor to the rights, privileges and immunities of citizens thereof by reason of the extension of said corporate limits in accordance with this ordinance, unless such property is within the line and within the limits of the general, city boundaries or limits. SECTION 4. That this ordinance shall, and does, hereby repeal every prior ordinance in conflict herewith, but as to all other ordinances or sections of ordinances not in direct conflict herewith, this ordinance shall be and is hereby made cumulative. SECTION ,5 That this ordinance shall be published one time in a daily newspaper published in the City of Fort. Worth, Texas, in accordance with the provisions of section 40, Chapter XXVIII of the Charter of the City of Fort Worth. SECTION 6. It is the intent and purpose of this ordinance to annex and extend the corporate limits of the City of Fort Worth with respect to that territory and area lying above or below, or both, as the case may be, and within twenty-five hundred (2,500) feet from the thread of the stream of the Trinity River as said area is described by metes and bounds herein. If any territory lying more than twenty-five hundred (2,500) feet from the thread of the stream of the Trinity River is in- cluded in such description, or if any section, subsection, clause, sentence, phrase or word of this ordinance be held or determined to be void, invalid and unconstitutional by a court of competent jurisdiction, then and i-n that event it is hereby declared not to be the intention of the city Council to annex such territory lying more than twenty-five hundred (2,500) feet from the thread of the stream of the Trinity River or to adopt such invalid section, subsection, clause, sentence, phrase or word, and tb.e validi.ty of the remaining portions shall not be affected thereby. SECTION 7, That this ordinance shall become effective and be in full force and effect. from �r:3 after its passage and publica- tion in accordance with the provisions of Section 40 of Chapter XXVIII of the City Charter, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Being a tract of land about 9 miles northeast from the Courthouse of Tarrant County, Texas, lying in and includ- ing all or part of the H. Bennett, J. W. Sansom, W. C. Trimble, P. Witt, W. M. Morris, W. Masters, J. Davis and J. A. Hust Surveys, and being more fully described as fol- lows: Beginning at a point in the present city limit line of the City of Fort Worth, the north right, of way line of Randol Mill Road (County Road No. 2021) , 500 feet east from the centerline of 1-820; Thence north, along the present city limit line of the City of Fort Worth, parallel to and 500 feet east from the centerline of 1-820, to a point 300 feet north from the south line of the H. Bennett Survey; Thence northeast, in a straight line along the present city limit line of the City of Fort Worth, to its inter- section with the northwest corner of the J. W. Sansom Survey, Thence east, along the present city limit line of the City of Fort Worth, the north line of the J. W. Sansom Survey, to a point 1,800 feet east from the northwest corner of the J. W. Sansom Survey; Thence south, along a line parallel to and 1,800 feet east from the west line of the J. W. Sansom. Survey, a distance of 1,300 feet; Thence east, along a line parallel to and 1,300 feet south from the north line of the J. W. Sansom Survey, a distance of 2,200 feet; Thence south, along a line parallel to and 4,000 feet east from the west line of the J. W. Sansom Survey, to its in- tersection with the north line of the W. M. Morris Survey; Thence east, along the north line of the W. M. Morris Sur- vey, to the northeast corner of the W. M. Morris Survey; Thence south, along the east line of the W. M. Morris Sur- vey, to the northwest corner of the J. Hust Survey; Thence east, along the north line of the J. Hust Survey, a distance of 2,000 feet; Thence south, along a line parallel to and 2,000 feet east from the west line of the J. Hust Survey, a distance of 700 feet, . . . . . . . � ` . Thence east, along a line parallel to and 700 feet south from the north line of the J. eust Survey, to its inter- section with the present city limit line of the city of Fort wor±u' the west right of way line of aaodol Mill- Hurst Precinct Line Road; Thence south, along the present city limit line of the City of Fort Worth, the west right of way line of aaodnl Mill-Hurst Precinct Line Road, to its intersection with the north right of way line of aaudol Mill Road (County ' Road No. 2021) r Thence westerly, along the present city limit line of the City of Fort Worth, the north right of way line of xaodnl Mill Road (county Road No. 2021) , to a point 1'000 feet west from the east line of the J. Davis Survey; Thence north, along o line parallel to and 1,000 feet ncot from the east line of the J. Davis Survey, to a point 800 feet south from the north line of the J. Davis Survey; zbeoco *eat, along a line parallel to and RDO feet south from the north lines of the J. Davis and W. Masters Sur- veys, to a point 600 feet ooat from the neat line of the W. Masters Survey; Thence south, along a line parallel to and 600 feet east from the west line of the W. Masters Survey, to its inter- section with the present city limit line of the city of Fort mmrtb, the north right of way line of Raodol Mill Road (County Road No. zoul) ; Thence west, along the present city limit line of the City of Fort Worth, the north right of nay lino of aaudol Mill Road (County Road No. zoZl) , to the place of begin- ning, and containing approximately 2.002 square miles. ORDINANCE Title .ter Adopted Final Adoption FOP Published Filed -Day of ` City.Secretary i _. Y.O.95613-A