HomeMy WebLinkAboutOrdinance 14704<~
ORDINANCE NO ~'1O
AN ORDINANCE DECLARING CERTAIN FINDINGS, PROVIDING FOR
THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF
FORT~WORTH, PROVIDING FOR THE ANNEXATION OF A CERTAIN 226
ACRES (0 35 SQUARE MILES) OF LAND, MORE OR LESS, OUT OF
`THE JOSE CHIRINO SURVEY, ABSTRACT NO 265,TARRANT COUNTY,
TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS
THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH,
TEXAS, PROVIDING THAT THE TERRITORY ANNEXED SHALL BEAR
ITS PRO RATA PART OF TAXES, PROVIDING THAT THE
INHABITANTS THEREOF SHALL HAVE ALL THE PRIVILEGES OF ALL
THE CITIZENS 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, a public hearing before the City Council of the City
of Fort Worth, Texas, wherein all interested persons were provided
an opportunity to be heard on the proposed annexation of the
territory hereinafter described, was held in the City Council
Chambers in the Municipal Office Building of Fort Worth, Texas, on
the 5th day of June 2001, and
WHEREAS, a second public hearing before the City Council of
the City of Fort Worth, Texas, wherein all interested persons were
provided an opportunity to be heard on the proposed annexation of
the territory hereinafter described, was held in the City Council
Chambers in the Municipal Office Building of Fort Worth, Texas, on
the 19th day of June 2001, and
WHEREAS, notice of the first such public hearing was published
in a newspaper having general circulation in the City of Fort
Worth, Texas, and in the hereinafter described territory, on the
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25th day of May 2001, and posted on the City of Fort Worth's
Internet web site on the 25th day of May 2001,. and
WHEREAS, notice of the second such public hearing was
published in a newspaper having general circulation in the City of
Fort Worth, Texas, and in the hereinafter described territory on
the 8th day of June 2001, and posted on the City of Fort Worth's
Internet web site on the 8th day of June 2001, and
WHEREAS, written notice of the proposed annexation was
provided to the Keller Independent School District, 350 Keller
Parkway, Keller, Texas, 76248 on the 25th day of May 2001, and
WHEREAS, prior to the posting and publication of the notices
of public hearings, a Service Plan providing for the extension of
municipal services into the hereinafter described territory was
prepared for inspection by and explanation to the inhabitants of
the area to be annexed, 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 226
acres (0 35 square miles) of land, more or less,
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS
SECTION 1
That 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, and said territory
hereinafter described shall hereafter be included within the
boundary limits of the City of Fort Worth, Texas, and the present
corporate boundary limits of said City, at the various points
contiguous to the area hereinafter described, are altered and
amended so as to include said area within the corporate limits of
the City of Fort Worth, Texas, to-wit
Being a 226 acre tract of land out of the Jose Chirino Survey,
Abstract No 265, in Tarrant County, Texas, described as follows
BEGINNING at a stake in the west line of said survey at the
southwest comer of a 55 acre tract conveyed to W M Chaney by
T B Cartwright by deed recorded in Book 117, Page 410 of the Deed
Records of Tarrant County, Texas, being 1227 78 feet south of the
Northwest comer of the I F Roberts subdivision of said survey,
THENCE East 1950 feet to the SE corner of said 55 acres; THENCE
North 1227 78 feet to Northeast corner, THENCE East 1138 89 feet,
THENCE North 2473 89 feet,
THENCE West 3088 89 feet to the west line of original survey,
THENCE South 3701 67 feet to the Place of Beginning,
CONTAINING 229 55 acres, SAVE and EXCEPT Lot 1-R Block 1,
Caylor Addition to the City of Fort Worth, Tarrant County, Texas,
according to the plat recorded in Cabinet A, Slide 4862, DRTCT,
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CONTAINING a Net of 226 ACRES OF LAND
SECTION 2
That 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
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 Service Plan attached hereto as Exhibit "X" was made
available at the public hearings for inspection by and explanation
to the inhabitants of the area to be annexed and is approved and
incorporated into this ordinance for all purposes.
SECTION 5
That 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
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SECTION 6
That 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
That 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, 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 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 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
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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
That this ordinance shall take effect upon adoption
APPROVED AS TO FORM AND LEGALITY
~~~~~~~
arcella Olson, Deputy City Attorney
ADOPTED AND EFFECTIVE `~~~~0(
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FORT~ORTH
Exhibit "A" Annexation of 226 Acres
(Page 1 of 1) Project Case No AA-01-02 Proposed Processing
Schedule
MAP LEGEND MAP REFERENCES
Unincorporated Areas ..'F ~~ Ma sco 8X Y
Acres to be Annexed Zonin Ma 15-6
Current Incorporated Area N A Tad Ma 2066-472
1sT Public Hearing 6-5-01
2nd Public Hearing 6-19-01
Date of Adoption 7-10-01
Council District 2
Northeast
Focus Area
EXHIBIT X
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Property subject to plan 226 acre tract of land out of the Jose Chirino Survey, Abstract
No.265, (THE ANNEXATION AREA)
Location and acreage: LOCATED south of Keller Haslet Rd. and east of Alta Vista
Rd.
County TARRANT
Municipal services to the Annexation Area will be furnished by or on behalf of the City of Fort Worth,
Texas, at the following levels and in accordance with the following service plan programs.
PROGRAM FOR SERVICES TO BE PROVIDED ON THE EFFECTIVE DATE OF THE
ANNEXATION
The City will provide the following services in the Annexation Area on the effective date of the annexation,
unless otherwise noted
A. Police Protection
The Fort Worth Police Department will provide protection and law enforcement services in the
Annexation Area commencing on the effective date of annexation The services will include.
Normal patrols and responses to calls for service
Special units, such as traffic enforcement, criminal investigations, narcotics law
enforcement, gang suppression, and crime response team deployment when required
These services are provided on a city-wide basis. Due to the extreme distance of this area from the
central city, average response times to calls for service may exceed the city-wide average. This
annexation falls within an area of the city experiencing significant growth and combined with other
development and annexation activity wi11 require at least two additional beats, consisting of 10 patrol
officers, 2 Neighborhood Police Officers and 6 marked vehicles The department has requested a
budget adjustment to the Fort Worth Crime Control and Prevention District for 9 patrol officers for
this type of growth
B Fire Protection
Fire protection services by existing personnel and equipment of the Fort Worth Fire Department,
within the limitations of available water and distances from existing fire stations, will be provided
to the Annexation Area commencing on the effective date of the annexation These services
include
1S` responder emergency medical services
Fire suppression and rescue;
Hazardous materials mitigation and regulation,
Dive rescue;
Technical rescue,
Fire Safety Education;
Aircraft/rescue/firefighting;
Fire protection system plan review;
Inspections,
Emergency management planning
These services are provided on a city-wide basis. All Fort Worth firefighters are certified by the
Texas Commission on Fire Protection
C Emergency Medical Services
Emergency medical services by existing personnel and equipment of the Fort Worth Fire
Department will be provided to the Annexation Area commencing on the effective date of the
annexation The Fort Worth Fire Department serves as the first responder on life threatening
medical emergencies as a part of the MedStar system All Fort Worth Fire Department personnel
are certified at an Emergency Medical Technician level or higher All engines, trucks, and rescue
units carry Automatic External Defibrillators for use with heart attack victims.
D Solid Waste Collection
Solid waste collection shall be provided to the Annexation Area in accordance with existing City
ordinances and policies commencing on the effective date of the annexation Services will be
provided by City personnel oc by private solid waste service providers under contract with the
City Persons using the services of a privately owned solid waste management service provider
may continue to use such services until the second anniversary of the annexation
Solid waste collection services for businesses and multi-family dwelling complexes having three
or more units may be provided by the City or private service providers at the discretion of the
customer
E. Operation and Maintenance of Water and Wastewater Facilities
T.K.R., Inc. will continue to serve within its existing CCN boundary south of Santa Gertrudis
Street and north of Longhorn Drive. The remaining lots within the Annexation Area contain
existing individual water wells. An existing 16" water main is located in Bob Hangar Street
between Cromwell Marine Creek Road and Heaterglenn Street. An existing 16" water main is
located in Santa Gertrudus between Bowman Roberts and Bob Hangar Street. An existing 36"
water main is located in Bowman Roberts Road between Brahma Trace and W J Boaz Road
These existing water mains may serve the Annexation Area. The City will provide water service to
the Annexation Area in accordance with the "Installation Policy of Community Facilities."
Existing lots within the Annexation Area are being served by individual waste disposal systems.
An existing 8" sewer main is located in Bob Hangar Street and an existing 12" sewer main is
located 500 feet east of the Annexation Area. Both of these sewer mains may serve the
Annexation Area. The City will provide sewer service to the Annexation Area in accordance with
the "Installation Policy of Community Facilities."
F Operation and Maintenance of Roads and Streets Including Street Li htin
The following services will be provided in the Annexation Area commencing on the effective date
of the annexation, unless otherwise noted
The Transportation and Public Works Department will assume maintenance of public streets over
which the City has jurisdiction These services include emergency pavement repair and repair
maintenance of public streets on an as-needed basis. Public streets will be included in the City's
preventive maintenance program Preventive maintenance projects are prioritized on a Citywide
basis and scheduled based on a variety of factors, including surface condition, rideability, age,
traffic volume, functional class, and available funding. Any necessary rehabilitation or
reconstruction will be considered and prioritized on a citywide basis
Street lights installed on improved public streets shall be maintained by the City of Fort Worth in
accordance with current City policies. Other street lighting shall not be maintained by the City of
Fort Worth.
The Transportation and Public Works Department will also provide regulatory signage services in
the Annexation Area. Traffic signal, stop, and all other regulatory studies are conducted in
conjunction with growth of traffic volumes. All regulatory signs and signals are installed when
warranted following an engineering study Faded, vandalized, or missing signs are replaced as
needed "CALL BACK" service is provided 24 hours a day, 365 days a year for emergency sign
repair For major arterials and collectors, the marking of streets is on an 18-month frequency All
improved intersections and roadways are striped upon improvement. All roadways are re-striped
and remarked as needed
G Operation and Maintenance of Parks. Playgrounds and Swimming Pools
Residents of this property may utilize all existing parks and community service facilities
throughout the City, beginning with the effective date of the annexation. Existing parks,
playgrounds, swimming pools and other recreational and community facilities within the
Annexation Area that are private facilities will be unaffected by the annexation
Existing parks, playgrounds, swimming pools and other recreational and community facilities
within this property shall, upon deeding to and acceptance by the City and appropriations for
maintenance and operations, be operated by the City of Fort Worth, but not otherwise
H Operation and Maintenance of Anv Other Publicly Owned Facility, Building or Service.
In the event the City acquires any other facilities, buildings or services necessary for municipal
services located in the Annexation Area, maintenance services will be provided by the
appropriate City department.
2. PROGRAM FOR PROVIDING ADDITIONAL SERVICES
In addition to the services identified above, the following services will be provided in the Annexation Area
on the effective date of the annexation, unless otherwise noted
A. The residents of the Annexation Area will receive library services from the Fort Worth Public
Library commencing on the effective date of the annexation
B The City will provide general municipal administration and administrative services.
C The Transportation and Public Works Department will provide drainage maintenance services in
the Annexation Area at current Citywide service levels. The City will assume maintenance for all
public drainage channels within dedicated public drainage easements.
The Transportation and Public Works Department will provide the following services:
Storm sewer maintenance,
Watershed development review and inspection.
The Environmental Management Department will provide the following services.
Emergency spills and pollution complaints response;
Storm sewer discharge pollution prevention (commercial only);
Water quality assessments for creeks.
The Department of Engineering will provide information relating to flood plains.
D Enforcement of the City's environmental health ordinances and regulations, including but not
limited to weed and brush ordinances, junked and abandoned vehicle ordinances, food handlers'
ordinances and animal control ordinances, will be provided within the Annexation Area on the
effective date of the annexation Complaints of ordinance or regulation violations within the area
will be answered and investigated by existing personnel beginning on the effective date of the
annexation
E. The City's building, plumbing, mechanical, electrical, and all other construction codes will be
enforced within the Annexation Area beginning with the effective date of the annexation
F The City's zoning, subdivision, sign, manufactured housing, junk yard and other ordinances shall.
be enforced in the Annexation Area beginning on the effective date of the annexation
G All inspection services furnished by the City of Fort Worth, but not mentioned above, will be
provided to the Annexation Area beginning on the effective date of the annexation
3. PROGRAM FOR PROVIDING FULL MUNICIPAL
SERVICES WITHIN 2 '/: YEARS
In addition to the services listed above, the City will provide full municipal services to the Annexation Area
commensurate with the levels of services provided in other parts of the City except if differences in
topography, land use, and population density constitute a sufficient basis for providing different levels of
service, no later than two and one-half (2 '/z) years after the effective date of the annexation If full
municipal services cannot be reasonably provided within the aforementioned time period, the City will
propose a schedule for providing said services within a period of four and one-half (4-%) years after the
effective date of the annexation, and/or upon commencement of development of a subdivision within this
property, whichever occurs later
"Full municipal services" are services provided by the annexing municipality within its full-purpose
boundaries, including water and wastewater services and excluding gas or electrical service. The City
shall provide the services by any of the methods by which it extends the services to any other area of the
City
4. CAPITAL IMPROVEMENTS PROGRAM
The City will initiate acquisition or construction of capital improvements necessary for providing full
municipal services adequate to serve the Annexation Area. Any such construction shall be substantially
completed within two and one-half (2-%2) years after the effective date of the annexation. If capital
improvements necessary for providing full municipal services for the Annexation Area cannot be
reasonably constructed within the aforementioned time period, the City will proposed a schedule for
providing said services within a period of four and one-half (4-'/z) years, and/or upon commencement of
development of a subdivision within this property, whichever occurs later
Acquisition or construction shall be accomplished by purchase, lease, or other contract. Any such
construction shall be accomplished in a continuous process and shall be completed as soon as
reasonably possible, consistent with generally accepted local engineering and architectural standards and
practices
A. Police Protection No capital improvements are necessary at this time to provide police
protection to the Annexation Area. Need for construction of new facilities will be assessed
periodically based on population growth, predicted growth and call volume.
B Fire Protection No capital improvements are necessary at this time to provide fire protection to
the Annexation Area. Need for construction of new facilities will be assessed periodically based
on population growth, predicted growth, call volume and response times.
C Solid Waste Collection No capital improvements are necessary at this time to provide solid
waste collection services to the Annexation Area.
D Water and Wastewater. As development and construction of subdivisions commence within this
property, water and sewer mains of the City will be extended by the property owner in accordance
with provisions of the Subdivision Ordinance and other applicable policies, ordinances, and
regulations City participation in the costs of these extensions shall be in accordance with
applicable City policies, ordinances, and regulations. Such extensions will commence within two
and one-half (2-1/2) years from the effective date of the annexation ordinance. If water and sewer
mains of the City cannot be reasonably constructed within the aforementioned time period, the
City will propose a schedule for providing said services within a period of four and one-half (4-1/2)
years, and/or upon commencement of development of a subdivision within this property,
whichever occurs later
Following is a summary of the Water and Wastewater Installation Policy as set out in Section III of
the City's Policy for the "Installation Policy of Community Facilities "
The developer shall cause to be constructed all water and wastewater facilities required
to provide service to the development, subdivision, or lot/tract. The developer shall be
responsible for 100% of the cost for water and wastewater facilities designed to provide
service to the proposed development. If larger facilities are required based on
comprehensive study, the additional incremental cost shall be borne by the City
Connection to existing City water mains for domestic water service to serve residential,
commercial, and industrial uses within the Annexation Area will be provided in
accordance with existing City ordinances and policies. Upon connection to existing
mains, water will be provided at rates established by City ordinances for such service at
the normal rates charged throughout the City
Connections to existing City sanitary sewer mains for sanitary sewage service in the
Annexation Area will be provided in accordance with existing City ordinances and
policies Upon connection, to existing sanitary sewer mains, sanitary sewage service will
be provided at rates established by City ordinances for such service at the normal rates
charged throughout the City
E. Roads and Streets. No road or street related capital improvements are necessary at this time.
Future extensions of roads or streets and future installation of related facilities, such as traffic
control devices, will be governed by the City's standard policies and procedures.
F Drainage Utility. No capital improvements are necessary at this time to provide drainage
services
G Street Lighting. It is anticipated that new subdivisions in the Annexation Area will install street
lighting in accordance with the City's standard policies and procedures. In other cases, the City
will consider installation of additional street lighting in the Annexation Area upon request, with
priority given to street lighting for traffic safety Provision of street lighting will be in accordance
with the City's street lighting policies, and those of the providing utility
H Parks. Playgrounds and Swimming Pools Capital improvements such as parkland acquisition
and development of facilities will be dictated by future land use of the area, goals established by
the Parks, Recreation and Open Space Comprehensive Plan and appropriation of resources.
Should additional residential development occur, parkland dedication, neighborhood park
development and neighborhood park infrastructure or payment in lieu thereof shall be required in
accordance with the Park Policy of the Subdivision Ordinance.
Other Publicly Owned Facilities Building or Services. Additional Services. In general, other City
functions and services, and the additional services described above can be provided for the
Annexation Area by using existing capital improvements Additional capital improvements are not
necessary to provide City services.
5. IMPACT FEES
Notwithstanding any other provision of this service plan, a landowner within the Annexation Area will not
be required to fund capital improvements necessary to provide municipal services in a manner
inconsistent with Chapter 395 of the Local Government Code governing impact fees, unless otherwise
agreed to by the landowner
City of Fort Worth, Texas
~yoe and Council Camn~unicAtion
DATE
7/17/01
ECT
REFERENCE NUMBER LOG NAME PAGE
PZ-2311 06JOSE
1 of 2
ANNEXATION OF 226 ACRES OF LAND OUT OF THE JOSE CHIRINO SURVEY,
ABSTRACT NO 265, TARRANT COUNTY, TEXAS (ANNEXATION CASE NO A-01-02)
RECOMMENDATION
It is recommended that the City Council
1 Find that the inclusion of 226 acres of land out of the Jose Chirino Survey, Abstract No 265, Tarrant
County, Texas, into the corporate limits of the City will cause the unincorporated area shown on
Map Exhibit "A", as included in the attached ordinance, to be entirely surrounded by the corporate
boundaries of the City, and that the surrounding of said unincorporated area is in the public interest;
and
2 Approve the attached ordinance annexing the subject property in compliance with the requirements
of Chapter 43 of the Local Government Code of the State of Texas
DISCUSSION
On May 21, 2001 (M&C PZ-2294), the City Council approved the timetable for annexing the above
referenced property into the Fort Worth City limits Public hearings concerning this request were held
on June 5 and 19, 2001 The adoption of the attached ordinance completes the annexation process
The annexation of the subject 226 acre tract will cause an unincorporated area to be entirely
surrounded by the corporate boundaries of the City and will not include the unincorporated area within
the City Section 43 057 of the Local Government Code specifically states that:
"If a proposed annexation would cause an area to be entirely surrounded by the annexing
municipality but would not include the area within the municipality, the governing body of
the municipality must find, before completing the annexation, that surrounding the area is
in the public interest."
City staff has reviewed the annexation request and recommends that surrounding the above referenced
unincorporated area is in the public interest. On May 17, 2001, the Development Review Committee
recommended approval of the annexation On May 23, 2001, the City Plan Commission recommended
approval of the annexation with a recommended land use of commercial and residential
The Zoning Commission has recommended that the property be zoned "A-5" and "A-7 5" One-Family
Residential, "ER" Restricted ,Commercial, and "E" Commercial
t .~h'
The' s~ibj~egt ~propprty is located south of Keller-Haslet Road and east of Alta Vista Road If annexed,
this property wil`I become a part o~COUNCIL DISTRICT 2 or 4
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City of Fort Worth, Texas
~l~Ayo~ anal ~,aun~l ca~t~un~cA~ian
DATE
7/17/01 REFERENCE NUMBER
PZ-2311 LOG NAME
06JOSE PAGE
2 of 2
SUBJECT ANNEXATION OF 226 ACRES OF LAND OUT OF TFiE JOSE CHIRINO SURVEY,
ABSTRACT NO 265, TARRANT COUNTY, TEXAS ANNEXATION CASE NO A-01-02
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
MG k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
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Mike Groomer 6140 T
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Originating Department Head: ~/~~ 1 VOU~V~E..
Bob Riley 8901 (from) 1
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Additional Information Contact: ~ ~., l~"ru•xJ
City Secratsty od 11t~
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Bob Riley 8901 i,~ezss
City of Fort rl'orth.
Adopted Ordinance ~No, ~`~l'to~