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HomeMy WebLinkAbout(0137) Ordinance.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 0.673 ACRES OF LAND, MORE OR LESS, OUT OF THE HIRAM LITTLE SURVEY, ABSTRACT NO. 930, AND BEING OUT OF AND A PORTION OF THAT CERTAIN CALLED 14.943 ACRE TRACT DESCRIBED IN INSTRUMENT TO INTELLI LLC, IN D215064520, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS (CASE NO. AX-22-002) 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 1187 Properties, LLC., the owners, requesting the full -purpose annexation of 0.673 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, 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 1187 Properties, LLC., 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 43.0686 of the Local Government Code on March 29, 2022 at 10:00 a.m., at the City Council Chamber; and square footage in the descriptions. 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 0.673 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 0.673 acre tract situated in the HIRAM LITTLE SURVEY, ABSTRACT NO.930, and being out of and a part of that certain called 14.943 acre tract described in instrument to Intelli LLC, recorded under Clerk's File Number D215064520, of the Official Public Records of Tarrant County, Texas, (O.P.R.T.C.T.), said 0.673 acre tract being more particularly described as follows: BEGINNING at a 1/2" iron rod with cap stamped "Texas Surveying, Inc." set in the west line of that certain 101.692 acre tract described in instrument to Parks of Village Creek, LLC, recorded under Clerk's File Number D221169762, O.P.R.T.C.T., for the northeast corner of that certain 47.19 acre tract described in instrument to Prater Energy and Development LLC, recorded under Clerk's File Number D218135335, O.P.R.T.C.T., being the southeast corner of said Intelli tract and the herein described tract; THENCE N 89054'52" W, with the south line of said Intelli tract, the north line of said Prater tract, at 6.65 feet pass a 1/2" capped iron rod found, in all a total distance of 580.41 feet, to a 3" steel fence corner post found in the east line of that certain 63.613 acre tract described in instrument to Seven Oaks-FW, LTD, recorded under Clerk's File Number D215203833, O.P.R.T.C.T., for the northwest corner of said Prater tract, being the southwest corner of said Intelli tract and the herein described tract; THENCE N 00000' 18" W, 50.00 feet, with the west line of said Intelli tract, the east line of said Seven Oaks tract, to a 1/2" iron rod with cap stamped "Texas Surveying, Inc." set for the northwest corner of the herein described tract, from which a 3" steel fence corner post found for the northwest corner of said Intelli tract bears N 00'00' 18" W, 765.28 feet; THENCE S 89054'52" E, 592.08 feet, severing said Intelli tract, to a 1/2" iron rod with cap stamped "Texas Surveying, Inc." set in the west line of said Parks tract, the east line of said Intelli tract, for the northeast corner of the herein described tract; THENCE S 13008'44" W, 51.33 feet, with the east line of said Intelli tract, the west line of said Parks tract, to the POINT OF BEGINNING, and containing 0.673 acres therein. 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) Annexation—AX-22-002 Ordinance No. 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 Municipal Services Agreement and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. SECTION 4. That the Municipal Services Agreement 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. 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 Annexation—AX-22-002 Ordinance No. 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 Jannette S. Goodall Senior Assistant City Attorney City Secretary ADOPTED AND EFFECTIVE: Annexation—AX-22-002 Ordinance No. EXHIBIT A Exhibit B Municipal Services Agreement Annexation—AX-22-002 Ordinance No.