HomeMy WebLinkAbout(0043) Ordinance (AX-19-007).PDFORDINANCE NO.
AN ORDINANCE DECLARING CERTAIN FINDINGS;
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY
LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR
FULL -PURPOSE ANNEXATION OF A CERTAIN 4.594 ACRES OF
LAND, MORE OR LESS, OUT OF THE C. BOYD SURVEY,
ABSTRACT NO. 212, IN TARRANT COUNTY, TEXAS (CASE NO.
AX-19-007) WHICH SAID TERRITORY LIES ADJACENT TO AND
ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF
FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE
SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT
HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT
CONFLICT; PROVIDING FOR SEVERABILITY; AND NAMING
AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth has received a petition in writing from
Jonathan Westrom and Tracy Westrom, the owners, requesting the full -purpose annexation
of 4.594 acres of land as described in Section 1, below (the "Property"); and
WHEREAS, the hereinafter described Property is in the City's exclusive
extraterritorial jurisdiction and is adjacent to and adjoins the City; and
WHEREAS, the City is a Tier 2 municipality for purposes of annexation under
Chapter 43 of the Texas Local Government Code ("LGC"); and
WHEREAS, Subchapter C-3 of the LGC permits the City to annex an area if each
owner of land in an area requests the annexation; and
WHEREAS, in accordance with Subchapter C-3 of Chapter 43 of the Texas Local
Government Code, the City section 43.0672 of the Texas Local Government Code,
Jonathan Westrom and Tracy Westrom and the City negotiated and entered into a written
agreement, City Secretary Contract No. , for the provisions of municipal
services in the area; and
WHEREAS, the City conducted one public hearing at which members of the public
who wished to present testimony or evidence regarding the Municipal Service Agreement
and Full -Purpose Annexation were given the opportunity to do so, in accordance with the
procedural requirements of Section 43.0673 of the Local Government Code on November
5, 2019 at 7:00 p.m., at the City Council Chamber; and
WHEREAS, the City Council finds and determines that annexation of the Property
hereinafter described is in the best interest of the citizens of the City of Fort Worth and the
owners and residents of the area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That all portions of the Property, comprising approximately 4.594 acres of land, are
hereby annexed to the City of Fort Worth as a part of the city for all municipal purposes,
and the city limits are extended to include such Property being all that certain land
particularly described below and depicted as on Exhibit "A" attached to and incorporated
in this ordinance for all purposes:
BEING A 4.594 ACRES TRACT OF LAND OUT OF THE C. BOYD SURVEY,
ABSTRACT NO. 212, TARRANT COUNTY, TEXAS; BEING A PORTION OF THAT
CERTAIN TRACT OF LAND AS DESCRIBED IN D218121542, OFFICIAL
RECORDS, TARRANT COUNTY, TEXAS; BEING FURTHER DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A FOUND 3/4" IRON ROD, AT THE NORTHWEST CORNER OF
THAT CERTAIN LOT 7, BLOCK 1, BOYD ADDITION AS RECORDED IN PC. A, P.
1795, PLAT RECORDS, TARRANT COUNTY, TEXAS, AT THE NORTHEAST
CORNER OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN V. 7481, P. 65,
O.R.T.C.T., AT THE SOUTHEAST CORNER OF THAT CERTAIN LOT 6, BLOCK A,
BOAZ ADDITION AS RECORDED IN PC. A, P. 3295, P.R.T.C.T., AND AT THE
SOUTHWEST CORNER OF SAID D218121542, FOR THE SOUTHWEST AND
BEGINNING CORNER OF THIS TRACT.
THENCE N 00002'02" W AT 473.77 FEET PASSING A FOUND 1/2" IRON ROD AND
IN ALL 504.17 FEET ALONG THE EAST LINE OF SAID LOT 6 AND THE WEST
LINE OF SAID D218121542 TO A FOUND 3/4" IRON ROD, AT THE NORTHEAST
CORNER OF SAID LOT 6 AND IN THE SOUTH LINE OF AVONDALE HASLET
ROAD, FOR THE NORTHWEST CORNER OF THIS TRACT.
THENCE N 89005'10" E 395.01 FEET OVER AND ACROSS SAID D218121542 AND
ALONG THE SOUTH LINE OF SAID AVONDALE HASLET ROAD TO A FOUND 1"
IRON ROD, IN THE EAST LINE OF SAID D218121542 AND THE WEST LINE OF
THAT CERTAIN LOT 1, BLOCK 1, STITH ADDITION AS RECORDED IN
D214211589, P.R.T.C.T., FOR THE NORTHEAST CORNER OF THIS TRACT.
THENCE S 00000'57" W 509.74 FEET ALONG THE WEST LINE OF SAID LOT 1
AND THE EAST LINE OF SAID D218121542 TO A FOUND 3/4" IRON ROD, AT THE
SOUTHEAST CORNER OF SAID D218121542, AT THE SOUTHWEST CORNER OF
SAID LOT 1, AT THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF
LAND AS DESCRIBED IN D208335517, O.R.T.C.T., AND AT THE NORTHEAST
CORNER OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN D208019777,
O.R.T.C.T., FOR THE SOUTHEAST CORNER OF THIS TRACT.
Annexation—AX-19-007 Ordinance No. Page 2 of 6
THENCE S 89053'38" W 394.51 FEET ALONG THE SOUTH LINE OF SAID
D218121542 TO THE POINT OF BEGINNING.
BEARINGS, DISTANCES, AND/OR AREAS DERIVED FROM GNSS
OBSERVATIONS PERFORMED BY TEXAS SURVEYING, INC. AND REFLECT
N.A.D. 1983, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL
ZONE 4202. (GRID)
SECTION 2.
The above described territory is shown on Map Exhibit A attached hereto and
expressly incorporated herein by reference for the purpose of depicting the location of the
hereinabove described territory.
SECTION 3.
That the above described territory hereby annexed shall be part of the City of Fort Worth,
Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by
the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all of the
rights and privileges of all the citizens in accordance with the Service Plan and shall be
bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas.
SECTION 4.
That the Municipal Services Agreements attached hereto as Exhibit `B" is approved
and incorporated into this ordinance for all purposes.
SECTION 5.
CUMULATIVE CLAUSE
This ordinance amends every prior ordinance in conflict herewith, but as to all other
ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the
same is hereby made cumulative.
SECTION 6.
SEVERABILITY CLAUSE
It is hereby declared to be the intent of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any unconstitutional phrase,
clause, sentence, paragraph or section.
Annexation—AX-19-007 Ordinance No. Page 3 of 6
SECTION 7.
SAVING CLAUSE
The City Council hereby declares it to be its purpose to annex to the City of Fort
Worth every part of the area described in Section 1 of this ordinance, regardless of whether
any part of such described area is hereby not effectively annexed to the City. Should this
ordinance for any reason be ineffective as to any part or parts of the area hereby annexed
to the City of Fort Worth for full purposes, the ineffectiveness of this ordinance as to any
such part or parts shall not affect the effectiveness of this ordinance as to the remainder of
such area.
SECTION 8.
EFFECTIVE DATE
This ordinance shall be in full force and effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Melinda Ramos
Senior Assistant City Attorney
ADOPTED AND EFFECTIVE:
Mary J. Kayser
City Secretary
EXHIBIT A
MAP OF PROPERTY
Annexation—AX-19-007 Ordinance No. Page 4 of 6
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EXHIBIT B
MUNICIPAL SERVICES AGREEMENT
(to be inserted)
Annexation—AX-19-007 Ordinance No. Page 5 of 6