HomeMy WebLinkAboutOrdinance 16038ORDINANCE NO ~~ v
AN ORDINANCE DECLARING CERTAIN FINDINGS PROVIDING FOR
LIMITED PURPOSE ANNEXATION OF A CERTAIN 277 33 ACRES
( 433 SQUARE MILES) OF LAND MORE OR LESS SITUATED IN
THE I & G N RR CO SURVEY ABSTRACT NUMBER 832 THE J
WILCOX SURVEY ABSTRACT NUMBER 1742 THE J H SHULTZ
SURVEY ABSTRACT NUMBER 1941 THE JERRY BURNETT SURVEY
ABSTRACT NUMBER 1923 AND THE REUBEN BURNETT SURVEY
ABSTRACT NUMBER 1922 TARRANT COUNTY TEXAS AND BEING A
PORTION OF THE PROPERTY DESCRIBED BY DEED TO EDWARDS
GEREN LIMITED AND RECORDED IN DEED VOLUME 12915 PAGE
394 COUNTY RECORDS TARRANT COUNTY 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 a public hearing before the City Council of the City
of Fort Worth Texas concerning the proposed limited purpose
annexation of the territory hereinafter described was held in the
City Council Chambers in the Municipal Office Building of Fort
Worth Texas on the 8th day of June 2004 and
WHEREAS a second public hearing before the City Council of
the City of Fort Worth Texas concerning the proposed limited
purpose annexation of the territory hereinafter described was held
in the City Council Chambers in the Municipal Office Building of
Fort Worth Texas on the 22nd day of June 2004 and
WHEREAS at each 'public hearing each member of the public who
wished to present testimony or evidence regarding the proposed
limited purpose annexation was given the opportunity to do so and
WHEREAS the City Council heard and considered the
appropriateness of the application of rural and urban ordinances in
the area proposed for limited purpose annexation at such public
hearings and
Edwards Geren Limited / AX 04 002 1
WHEREAS the City prepared a report regarding the proposed
limited purpose annexation of the area consisting of a planning
study and a regulatory plan in accordance with Section 43 123 of
the Texas Local Government Code and
WHEREAS a notice of the availability of the report was
published in a newspaper of general circulation in the City of Fort
Worth and in the area proposed for annexation on May 26 and May 27
2004 and the City made the report available to the public in the
City s Development Department and on the City s Internet website
and
WHEREAS notice of the first and second hearings was published
in a newspaper of general circulation in the City of Fort Worth and
in the area proposed for annexation on May 26 and May 27 2004 and
was posted on the City s Internet website on May 26 2004 and
WHEREAS an additional notice of the second public hearing was
published in a newspaper of general circulation in the City of Fort
Worth and in the area proposed for annexation on June 10 2004 and
June 11 2004 and
WHEREAS the population of the City of Fort Worth Texas is
in excess of 100 000 inhabitants and
WHEREAS the hereinafter described territory lies within the
exclusive extraterritorial jurisdiction of the City of Fort Worth
Texas and
WHEREAS the hereinafter described territory lies adjacent to
and adjoins the City of Fort Worth Texas and
WHEREAS the hereinafter described territory contains 277 33
Edwards Geren Limited / AX 04 002 2
acres ( 433 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 and territory lying adjacent to
and adjoining the City of Fort Worth Texas is hereby added to and
annexed to the City of Fort Worth Texas for limited purposes in
accordance with Sections 43 121 through 43 136 of the Texas Local
Government Code and the present corporate boundary limits of said
City are altered to include said area within the corporate limits
of the City of Fort Worth Texas for limited purposes
Being approximately 277 33 acres situated in Tarrant County
Texas A tract of land which lies adjacent to and i.s
contiguous with the present corporate limits of the City of
Fort Worth Texas being all that certain 277 33 acre tract of
land situated in the I & G N RR Co Survey Abstract
Number 832 the J Wilcox Survey Abstract Number 1742 the
J H Shultz Survey Abstract Number 1941 the Jerry Burnett
Survey Abstract Number 1923 and the Reuben Burnett Survey
Abstract Number 1922 Tarrant County Texas and being a
portion of the property described by deed to Edwards Geren
Limited and recorded in Deed Volume 12915 Page 394 County
Records Tarrant County Texas said 277 33 acre tract of land
being more particularly described by metes. and bounds as
follows
BEGINNING at the Northwest corner of the said I & G N RR
Co Survey said point being in an ell corner in the
Northerly limits of the John F Heath Survey Abstract Number
641 said point also being on the present City Limits Line of
the City of Fort Worth
THENCE with the present City Limits Line the following
courses and distances
South 89 degrees 30 minutes 58 seconds East - 2015 95 feet
with the North line of said I & G N RR Co Survey to its
Northeast corner said point also being the Northwest corner
of the said Shultz Survey
South 89 degrees 51 minutes 26 seconds East with the North
line of said Shultz Survey at 1009 03 feet pass the Northeast
corner of the said Shultz Survey and the Northwest corner of
the said Jerry Burnett Survey and continuing on with same
bearing a distance of 84 26 feet pass the most Northerly
Southeast corner of the said Heath Survey and the Southwest
corner of the George Shields Survey Abstract Number 1436 and
Edwards Geren Limited / AX 04 002 3
continuing on with the same bearing a total distance of
1736 83 feet to a point
South 36 degrees 56 minutes 00 seconds East passing Northwest
line of Rock Quarry at 224 68 feet and continuing in all
288 68 feet a curve to the left having a radius of 593 96
feet
Along said curve in a Southeasterly direction an arc length
of 212 36 feet to a point on said curve long chord bears
South 47 degrees 38 minutes 48 seconds East - 211 23 feet for
corner
South 38 degrees 30 minutes 33 seconds West 236 92 feet to a
point and the beginning of a non tangent curve to the left
whose radius is 123 80 feet and whose long chord bears South
03 degrees 11 minutes 52 seconds West - 121 88 feet
Along said non tangent
a central angle of 58
length of 127 43 feet
a reverse curve to the
whose long chord bears
East 678 03 feet
curve in a Southerly direction through
degrees 58 minutes 36 seconds an arc
:o the end of curve and the beginning of
right whose radius is 2700 00 feet and
SoutYr 26 degrees 44 minutes 13 seconds
Along said curve in a Southeasterly direction through a
central angle of 14 degrees 25 minutes 35 seconds an arc
length of 679 82 feet to the end of curve
North 88 degrees 27 minutes 14 seconds West - 31 26 feet
South 23 degrees 51 minutes 06 seconds West some 1083 77 feet
to an angle point
South 65 degrees 34 minutes 14 seconds West some 354 67 feet
to an angle point
South 73 degrees 35 minutes O1 second West - 105 94 feet to wn
angle point
North 50 degrees 45 minutes 04 seconds West - 191 34 feet to
an angle point
South 40 degrees 02 minutes 00 seconds West - 705 85 feet to
the beginning of a curve to the left having a radius of 85 60
feet long chord bears South 12 degrees 08 minutes 39 seconds
West - 79 06 feet
Along said curve in Southwesterly direction of an arc length
82 18 feet to the end of said curve and point of tangency
South 14 degrees 58 minutes 15 seconds East - 454 25 feet to
its intersection with the North right ofiway line of Oakmont
Boulevard
North 89 degrees 58 minutes 00 seconds West - 2830 59 feet
along said Northerly right of way line of Oakmont Boulevard
to a point in the Easterly line of the aforementioned Heath
Survey and the Westerly line of the J Wilcox Survey Abstract
Number 1742
THENCE leaving said Northerly right of way line of Oakmont
Boulevard North 00 degrees 00 minutes 14 seconds East along
Edwards Geren Limited / AX 04 002 t}
and with said common lines of the Heath and Wilcox Surveys
passing the Northwest corner of said Wilcox Survey which is
also the Southwest corner of the aforementioned I & G N RR
Co Survey and continuing on with the same bearing (and the
common lines of said Heath and I & G N Surveys) in all a
total distance of 3398 48 feet to the place of beginning and
containing some 284 23 acres of land more of less
SAVE & EXCEPT
A tract of land being a right of way more particularly
described by metes and bounds as follows
BEGINNING at a point being located South 00 degrees 00 minutes
14 seconds West - 137 22 feet from the Northwest corner of the
I & G N R R Co Survey Abstract 832 and being located in
the West line of the 284 23 acre tract described herein
THENCE South 37 degrees 30 minutes 31 seconds East - 4104 10
feet to a point in the line common to the North right of way
line of Oakmont Boulevard and the South line of said 284 23
acre tract described herein
THENCE with said common line North 89 degrees 58 minutes 00
seconds West 94 38 feet to a point
THENCE departing said common line North 37 degrees 30 minutes
31 seconds West - 3947 72 feet to a point in the line common
to the West line of said I & G N R R Co Survey and the
West line of said 284 23 acre tract described herein
THENCE with said common line North 00 degrees 00 minutes 14
seconds East 124 26 feet to the place of beginning and
containing some 6 9 acres of land more or less
LEAVING A NET AREA TO BE ANNEXED OF 277 33 ACRES
SECTION 2
The above described territory is shown on Map Exhibit A which
is attached hereto and expressly incorporated herein by reference
for the purpose of illustrating and depicting the location of the
hereinabove described territory
Edwards Geren Limited / AX 04 002 5
SECTION 3
The Regulatory Plan attached hereto as Exhibit B is hereby
adopted by the approval of this ordinance The regulations
identified in the regulatory plan shall be enforced in the area
described in Section 1 above
SECTION 4
The residents of the area described in Section 1 above are
entitled to vote in municipal elections regarding the election or
recall of members of the City Council or regarding the amendment of
the municipal charter but may not vote in any bond election or be
a candidate for or elected to a municipal office
SECTION 5
This ordinance shall and does amend 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
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
Edwards Geren Limited / AX 04 002 6
section
SECTION 7
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 limited 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 Provided further
that if there is included within the description of territory set
out in Section 1 of this ordinance to be annexed to the City of
Fort Worth any area which is presently part of and included within
the limits of the City of Fort Worth or which is presently part of
and included within the limits of any other city town or village
or which is not within the City of Fort Worth s jurisdiction to
annex the same :is hereby excluded and excepted from the territory
to be annexed hereby as fully as if such excluded and excepted area
were expressly described herein
SECTION 8
This ordinance shall take effect upon adoption
APPROVED AS TO FORM AND LEGALITY
arah F 11 nwder Assistant City Attorney
ADOPTED AND EFFECTIVE 7'~' J ~~~
Edwards Geren Limited / AX 04 002 ~
REGULATORY PLAN
Re~ulatory Ordinances To Be Enforced in Annexation Area
The following planning, zoning, health and safety ordinances m effect on March 22, 2004 will
be enforced m the area if the area is annexed for limited purposes
Subdivision Ordinance (Ord. No 7234) codified as Chapter 31 of the Crty Code, Plan
Commission Rules and Regulations, Master Thoroughfare Plan, Community Facilities Policy
and related subdivision regulations and infrastructure standards
Zomn~LOrdmance (Ord. No 13896) (Appendix A to City Code)
Buildmg_Code (Ord. No 15948) (Sections 7-46 through 7-49 of the City Code)
Mechanical Code (Ord. No 15950) (Sections 7 166 through 7 169 of the City Code)
Plumbing Code (Ord. No 15951) (Sections 26-1 through 26-4 of the City Code)
Residential Code (Ord. No 15949) (Sections 7-61 through 7-64 of the City Code)
Electrical Code (Ord. No 14650) (Sections 11 1 through 11-4 of the City Code)
Energ.~ ode (Ord. No 15952) (Sections 7-41 through 7-44 of the City Code)
Fire Code• The following chaptersfsections of the 2000 Edition of the International Fire Code
(adopted by Section 13 1 of Ord. No 14652) and local amendments to such chapters/sections
(adopted by Section 13-2 of Ord. No 14652) and excluding all other chapters and sections
Chapter 1 (Administration), excluding Sections 104 10 (Fire Investigations), 104 10 1
(Assistance from Other Agencies), and 104 11 (Authority at Fires and Other
Emergencies), Section 105 1.2, Item #1 (Operational Permits), and all sections related
to Item #1 and Section 105 6 (Required Operational Permits)
Chapter 2 (Definitions)
Chapter 5 (Fire Service Features), excluding Sections 506 (Key Boxes), 508 (Fire
Protection Water Supplies) and 509 (Fire Command Center)
Chapter 6 (Building Services and Systems)
Chapter 7 (Fire Resistance Rated Construction)
Chapter 8 (Interior Finish, Decorative Materials and Furnishings) Section 806 only
Chapter 9 (Fire Protection System)
Chapter 22 (Service Stations and Repair Garages), excluding Section 2205
(Operational Requirements)
Chapter 23 (High- Piled Combustible Storage), excluding Section 2305 (Housekeeping
and Maintenance)
Chapter 45 (Referenced Standards) and
Appendix I (Installation of Fire Service Features, Fire Protection Systems and Tanks)
Gas Drilling and Production Code (Ord. No 14880) (Sections 15-30 through 15-48 of the Crty
Code)
Minimum Buildm~ Standards Code (Ord. No 13743) (Sections 7-66 through 7 126 of the
City Code)
Si ngn Code (Ord. No 15953) (Sections 29-1 through 29-3)
Environmental Protection and Compliance Code (Ord. No 12274), Article 1 Divisions 1 3
(Administration and Enforcement, Sections 12.5-100 through 12.5 123 of the City Code),
Article II (Air Quality Sections 12 5-200 through 12.5-211 of the City Code) and Article III
(Stormwater Protection) (Sections '12.5-300 through 12 5 321 of the City Code)
Health Code The following sections of the City Code relating to review of construction plans
for food establishments, day care centers and public swimming pools
Sections 16-114 (a), (b) and (c) and Section 16-115 ((Food Establishments, Ord. No
12553)
Sections 16-421 16-428 and 16-437 (Day Care Centers, Ord. 11209)
Sections 16-456 16-458, 16-460(b)(1) and (f)(3) and 16-462 (a) (b), (c) and (d)
(Public Swimming Pools, Ord. 12156)
Section 23-6 of the Crtv Code regulating the discharge of firearms.
The City has used its best efforts to provide accurate references to the City Code sections m
which the ordinances described above are codified. Any failure to list all relevant City Code
references is inadvertent and will not affect enforcement of the ordinances by the City
Any portion of the annexation area may be used by the Edwards Geren Limited Family for
hunting until October 31 2004
Future Full Purpose Annexation
Section 43 123 of the Local Government Code requires the regulatory plan to state the date by
which the city will annex the Property for full purposes. Pursuant to Section 43 127 of the
Code, the full purpose annexation must occur within three years after the area is annexed for
limited purposes, unless the requirement is waived and the date for full-purpose annexation
postponed by wntten agreement between the municipality and a ma~onty of the affected
landowners.
City and EGL have entered into a Development Agreement for the Property whereby the
parties waived the three year deadline for full purpose annexation and agreed the dates for full
purpose annexation of the Property will be postponed. The Crty may annex a portion of the
Property upon the earliest to occur of the following events. (i) submittal of an application for
a preliminary plat; (ii) the need to annex a step of land to connect portions of the Property to
the City limits m order to facilitate full purpose annexation, or (iii) no later than December 31
2014 or some earlier date agreed upon by the parties, unless extended in wntmg by mutual
agreement.
Availability of the Report
The Annexation Report can be accessed on the City's web site, the Development
Department's page, and clicking on the Annexation Notices" link. The direct link is
http //www fortworthgov org/development/land_mgmt/annex_notices asp In addition, copies
are available in the Development Department, Lower Level of City Hall, 1000 Throckmorton
Street.
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Legend
Proposed Annexation
® Benbrook City Limits
City Limits
VICINITY MAP - AX-04-002
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 7/13/2004 Ordinance No 16038
DATE Tuesday July 13 2004
LOG NAME 06AX04002EG-ORD REFERENCE NO PZ 2535
SUBJECT
Institution and Adoption of an Ordinance Annexing Approximately 277 33 Acres of Land Located
North of Oakmont Boulevard West of Hulen Street, South of Overton, Ridge Boulevard and East of
Bryant Irvin Road Tarrant County Texas for Limited Purposes and Adoption of the Regulatory Plan
(Annexation Case No AX-04-002) (Edwards Geren Limited)
RECOMMENDATION
It is recommended that the City Council institute limited purpose annexation and adopt the attached
ordinance annexing approximately 277 33 acres of land situated in Tarrant County Texas owned by
Edwards Geren Limited for limited purposes and adopt a regulatory plan for the area
DISCUSSION
On May 11 2004 the City Council approved the timetable for annexing the above referenced property for
limited purposes (M&C PZ 2528)
Public hearings concerning this request were held as required by state law on June 8 and 22
2004 Institution and approval of the annexation ordinance and the attached regulatory plan completes the
limited purpose annexation process. The annexation must be instituted on July 13 2004 in order to comply
with the hearing process established by state law The City Council can approve the annexation ordinance
and attached regulatory plan on July 13 2004 or continue approval for up to 90 days. Also on the
Council's agenda is ZC-04-099 to zone the subject property
The subject tract and a second tract owned by Edwards Geren Limited (the "Family") consisting of
approximately 700 acres located within the corporate limits of the City north of Highway 183 and
approximately 300 acres within the extraterritorial jurisdiction south of Interstate 20 will be bisected by State
Highway 121 This annexation was requested by the Family in conjunction with negotiations between the
City and the Family for the acquisition of right-of-way for S H 121 An agreement governing development
of the subject property will be presented to the City Council for consideration on July 20 2004
State law requires the regulatory plan to specify the planning zoning health and safety ordinances the City
will enforce and to state the date by which the City will annex the area for full purposes The full purpose
annexation must occur within three years after the area is annexed for limited purposes unless the
requirement is waived and the date for full purpose annexation postponed by written agreement between
the City and a majority of the affected landowners. The regulatory plan provides that portions of the property
will be annexed as preliminary plats are submitted and that the City may annex all remaining portions of the
property on or after December 31 2014 unless the parties extend the deadline Waiver of the three-year
deadline for full purpose annexation will be addressed in the development agreement that will be presented
to the Council for consideration
If annexed for limited purposes, this property will be situated in City Council District 3
T,nanamP• (1FAX(14f1~~R(T-fIRT~ partE, ~ „f~
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, Reid Rector (6140)
Originating Department Head. Bob Riley (8901)
Additional Information Contact: Bob Riley (8901)
T,nunamP• (1FiAXn4(1(I~F.C`T_(1RT1 Dana ~ .,f 7