HomeMy WebLinkAboutOrdinance 17724-08-2007ORDINANCE NO 17724-08-2007
AN ORDINANCE DECLARING CERTAIN FINDINGS PROVIDING
FOR LIMITED PURPOSE ANNEXATION OF A CERTAIN 7 76
ACRES (012 SQUARE MILES) OF LAND MORE OR LESS OUT OF
T & N O R.R. COMPANY SURVEY ABSTRACT NO 1566 AND
THE S.B HOPKINS SURVEY ABSTRACT NO 672, TARRANT
COUNTY TEXAS PURSUANT TO SECTION 43 0751 LOCAL
GOVERNMENT CODE, FOR THE SOLE PURPOSE OF IMPOSING A
SALES AND USE TAX, 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 WJ Haywire I LP a Texas hmrted partnership ("Owner") is the
owner of that certain 259 089-acre tract m Tarrant County Texas (the `Development")
located within the extraterritorial jurisdiction of the City of Fort Worth (the `C~")
WHEREAS the Development is included within Crty of Fort Worth Municipal
Utility District No 2 of Tarrant County (the `District")
WHEREAS the Development Agreement for the Development entered into by
the Crty and Owner (Crty Secretary Contract No 33594) designated portions of the
Development for commercial development, consisting of that certain 7 76-acre tract
(Tract 1)
WHEREAS the remainder of the Development is designated for residential or
recreational use pursuant to the Development Agreement;
WHEREAS the Crty and the District entered into that certain Strategic
Partnership Agreement (Crty Secretary Contract No 35225) (the Agreement"), pursuant
to Section 43 0751 Local Government Code, providing for the hmrted purpose
annexation of Tract 1 for the sole purpose of imposition by the Crty of a sales and use
tax,
WHEREAS the District provided notice of two public hearings concerning the
adoption of the Agreement in accordance with the procedural requirements of Section
43 0751 of the Local Government Code
WHEREAS such notices also provided notice of the proposed hmrted purpose
annexation of Tract 1
WHEREAS the District conducted two public hearings regarding the Agreement
and the proposed hmrted purpose annexation of Tract 1 at which members of the public
who wished to present testimony or evidence regarding the Agreement and the proposed
hmrted purpose annexation were given the opportunity to do so m accordance with the
procedural requirements of Section 43 0751 of the Local Government Code on November
15 2006 at 12 00 p.m. and on December 14 2006 at 12 OOp.m. at 600 North Pearl Plaza,
Suite 650 South Tower Dallas, Texas 75201 of the Americas,
WHEREAS the District approved the Agreement on December 14 2006 m open
session at a meeting held m accordance with Chapter 551 of the Government Code,
WHEREAS the Crty provided notice of two public hearings concerning the
adoption of the Agreement in accordance with the procedural requirements of Section
43 0751 of the Local Government Code,
WHEREAS such notices also provided notice of the proposed limited purpose
annexation of Tract 1
WHEREAS the Crty conducted two public hearings regarding the Agreement
and the proposed hmrted purpose annexation of Tract 1 at which members of the public
who wished to present testimony or evidence regarding the Agreement and the proposed
limited purpose annexation were given the opportunity to do so m accordance with the
procedural requirements of Section 43 0751 of the Local Government Code on February
20 2007 at 10.OOa.m. on March 6 2007 at 7.00 p.m., at the Crty Council Chambers,
WHEREAS the City approved the Agreement on March 6 2006 m open session
at a meeting held in accordance with Chapter 551 of the Government Code (M & C C
22007)
WHEREAS the City's population is m excess of 100 000 inhabitants,
WHEREAS the hereinafter described territory is m the City's exclusive
extraterritorial Jurisdiction, and
WHEREAS the hereinafter described territory contains 7 76 acres (012 square
miles) of land, more or less,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
SECTION 1
The following described land located within Crty of Fort Worth Municipal Utility
District No 2 of Tarrant County is hereby added to and annexed to the Crty of Fort
Worth, Texas, for the limited purpose of imposing a sales and use tax, in accordance with
Section 43 0751 of the Local Government Code, and the present corporate boundary
limits of the Crty of Fort Worth are altered to include said area within the corporate hmrts
of such city for the hmrted purposes described herein.
Tract 1
BEING all that tract of land m Tarrant County Texas, being a part of the T & N O R.R.
COMPANY SURVEY Abstract No 1566 and the S.B HOPKINS SURVEY Abstract
No 672, and being a portion of the 738.20 acre Tract of land conveyed to OBIE P
LEONARD JR. R.W LEONARD MARGERY ANN HODGES and MARTHA JANE
ANTHONY by the deed recorded m Volume 4897 Page 227 of the Deed Records of
Tarrant County Texas, and being further described as follows
COMMENCING at a P.K. nail set at the Southwest corner of the aforesaid 738.20 acre
Tract of land said point lying m the approximate center line of White Settlement Road,
and also being the Southeast corner of the Tract of land conveyed to J.J DEARING AND
BETSY JO DEARING BROWDER by the deed recorded m Volume 8317 Page 475 of
the Deed Records of Tarrant County Texas, and ROBERT DEARING BROWDER by
the deed recorded in Volume 14336 Page 556 of the Deed Records of Tarrant County
Texas,
THENCE North 00 degrees 00 minutes 45 seconds West, at 25 00 feet, passing afive-
eighths inch iron rod found m the North right-of way line of White Settlement Road, m
all a total of 67 O1 feet, along the West boundary line of said 738.20 acre Tract of land
and the East boundary line of the aforesaid J.J DEARING BETSY JO DEARING and
ROBERT DEARING BROWDER TRACT to a point for corner and the POINT OF
BEGINNING of this tract of land,
THENCE North 00 degrees 00 minutes 45 seconds West, 937 17 feet along the West
boundary line of said 738.20 acre Tract of land and the East boundary line of the
aforesaid J.J DEARING BETSY JO DEARING and ROBERT DEARING BROWDER
TRACT to a point for corner
THENCE South 38 degrees 13 minutes 31 seconds East, 247.26 feet to a point for corner
THENCE South 19 degrees 17 minutes 45 seconds East, 366 52 feet to a point for corner
THENCE South 36 degrees 06 minutes 06 seconds East, 337 98 feet to a point for corner
THENCE South 53 degrees 58 minutes 47 seconds East, 361 56 feet to a point for corner
THENCE South 75 degrees 57 minutes 38 seconds East, 118.31 feet to a point for corner
THENCE Southwesterly 14 64 feet along a curve to the left having a central angle of 00
degrees 40 minutes 23 seconds, a radius of 1246 00 feet, a tangent of 7 32 feet, whose
chord bears South West, 14 64 feet to a point for corner
THENCE South 14 degrees 02 minutes 22 seconds West, 85 00 feet to a point for corner
THENCE North 75 degrees 57 minutes 38 seconds West, 882.35 feet to the POINT OF
BEGINNING and containing 338,272 square feet or 7 766 acres of land.
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
heremabove described territory
SECTION 2
Chapter 43 Subchapter F of the Local Government Code does not apply to a
hmrted purpose annexation under a strategic partnership agreement. Accordingly any
residents of Tract 1 residing on such property on the effective date of this ordinance or at
any time thereafter are not entitled to vote m Crty elections.
SECTION 3
This ordinance amends every prior ordinance m conflict herewith, but as to all
other ordinances or sections of ordinances not m direct conflict, this ordinance shall be,
and the same is hereby made cumulative
SECTION 4
It is hereby declared to be the intent of the Crty 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 ofthis ordinance, since the same would have been enacted by the
City Council without the incorporation m this ordinance of any unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 5
The Crty Council hereby declares rt to be its purpose to annex to the Crty of Fort
Worth, for the hmrted purpose of imposing a sales and use tax in accordance with Section
43 0751 of the Local Government Code, every part of the area described m Section 1 of
this ordinance 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 hmrted 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 6
This ordinance shall take effect upon adoption.
VED AS TO FORM AND LEGALITY
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Crty
ADOPTED AND EFFECTIVE August 21 2007
EXNIS:lT A
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dA>/[C G: YaIIKIN:~~N AND ELNA WILKIN~ON
VOL. 5366; PG, 844,. VOL 5368,, P~. 6~F7
VOL. 5'3'99., PG: 91. & Vdl. 5'99; PG'. 94 ~., `
I 6RUCE WIL}~INSOhJ ANA GAF2OLYN 1MLKINSON F`IERER:
VOL. 7800, PG. 22.90 & VOC.. 7800, PG:. 2293
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved As Amended on 8/21/2007 Ord No 17724-08-2007
DATE Tuesday August 21 2007
LOG NAME 06HAYWIRELPA REFERENCE NO PZ 2750
SUBJECT
Institution and Adoption of Limited Purpose Annexation of Approximately 7 766 Acres of Land More
or Less Situated in the T&NO Railroad Company Survey Abstract No 1566 and the S B Hopkins
Survey Abstract No 672 Tarrant County Texas
RECOMMENDATION
It is recommended that the City Council institute and consider the adoption of an ordinance annexing for
limited purposes approximately 7 766 acres of land located north of White Settlement Road and east of
Cattlebaron Drive in Tarrant County
DISCUSSION
On March 6 2007 M&C C-22007 authorized the execution of a Strategic Partnership Agreement with the
City of Fort Worth Municipal Utility District No 2 of Tarrant County The purpose of the agreement was to
allow Limited Purpose Annexation of the commercial tracts for the purpose of assessing sales and use tax
and set appropriate terms to allow annexation of tracts of land that become necessary to connect to
commercial tracts or other property that is to be annexed by the City and to delay full-purpose annexation
until 90 percent of the infrastructure is installed dissolution of the district, or termination of the development
agreement. Adoption of this ordinance will complete the limited purpose annexation of the property within
the district originally intended for commercial development.
The City of Fort Worth conducted public hearings concerning the agreement and limited purpose
annexation as required by state law on February 20 2007 and on March 6 2007 The property is currently
vacant; its intended use is for commercial development.
The subject property is located north of White Settlement Road and east of Cattlebaron Drive in the
extraterritorial jurisdiction of the City of Fort Worth Tarrant County It is within the City of Fort Worth
Municipal Utility District No 2
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office by' Dale Fisseler (6140)
Originating Department Head. Fernando Costa (8042)
Additional Information Contact: Allison Gray (8030)
Logname 06HAYWIRELPA Page 1 of 1