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HomeMy WebLinkAboutOrdinance 13703ORDINANCE NO 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 314 467 ACRES (0 491 SQUARE MILES) OF LAND, MORE OR LESS, 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, FINDING AND PROVIDING THAT SURROUNDING CERTAIN UNINCORPORATED TERRITORY AS A RESULT OF SAID ANNEXATION IS IN THE PUBLIC INTEREST, PROVIDING FOR A SERVICE PLAN FOR SAID ANNEXED TERRITORY, 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 at Fossil Ridge High School, 4101 Thompson Road, Fort Worth, Texas, on the 5th day of January 1999, which date was not more than forty (40) days nor less than twenty (20) days prior to institution of annexation proceedings, 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 January 1999, which date was not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings, 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 18th day of December 1998, which date was not more than twenty (20) days nor less than ten (10) days prior to the date of said such public hearing, 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 January 1999, which date was not more than twenty (20) days nor less than ten (10) days prior to the date of said public hearing, and WHEREAS, prior to the 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 -2- 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 City of Fort Worth finds that the inclusion of the hereinafter described territory into the corporate limits of the City of Fort Worth will cause the unincorporated areas shown on the attached Map Exhibit "A", to be entirely surrounded by the corporate boundaries of the City of Fort Worth, and that the surrounding of said unincorporated areas is, and is hereby found to be, in the public interest; and WHEREAS, the hereinafter described territory contains 314 467 acres (0 491 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 That the following described land and territory lying adjacent to and adjoining the City of Fort Worth, Texas, is hereby added to -3- 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 314 467 acres of land located in the FRANCISCO CUELLA SURVEY, Abstract No 266, Tarrant County, Texas, and being a total of the tracts of land designated as Tract One and Tract Two, in the deed to H W Scoggin and wife, Cleo Scoggin, recorded in Volume 2916, Page 545, of the Deed Records of Tarrant County, Texas Said 314 467 acres being more particularly described by metes and bounds, as follows BEGINNING at a ;~" iron rod set at the Northeast corner of said Cuella Survey, lying in the West boundary line of the Jose Chirino Survey, Abstract No 265 Said Northeast corner of the Cuella Survey, also being the Northeast corner of the aforesaid Tract Two, conveyed to H W Scoggin and wife, and said Northeast corner, lying in the centerline of Alta Vista Road (County Road No 4053), THENCE S 00°08' 38" W 2700 91 feet, along the East boundary line of said Cuella Survey, being the East boundary line of said Tract Two, and the centerline of said Alta Vista Road, to a ~" iron rod set, and the Southeast corner of said Tract Two, THENCE N 89° 57' 36" W 1653 30 feet, generally following a fence along the South boundary line of said Tract Two, and North boundary line of the Tract of land conveyed to Bobby J Hillin, by the deed recorded in Volume 10248, Page 985 of the Deed Records of Tarrant County, Texas, and the North boundary line of the Tract of land conveyed to John D Burton, by the -4- deed recorded in Volume 10558, Page 1408 of the Deed Records of Tarrant County, Texas, and the North boundary line of the Tract of land conveyed to James A Fultner, by the deed recorded in Volume 10750, Page 77 of the Deed Records of Tarrant County, Texas, to a %" iron rod found at the Northeast corner of the Tract of land conveyed to Gary Cooper and wife, Faith Cooper, by the deed recorded in Volume 11697, Page 589 of the Deed Records of Tarrant County, Texas THENCE S 89° 58' 50" W 1395 17 feet, generally following a fence, continuing along the South boundary line of said Tract Two, and the South boundary line of Tract One of said Scoggin Deed, and the North boundary line of aforesaid Cooper Tract, and also the North boundary line of the Tract of land conveyed to Marty M Melvin, and Judy Melvin, by the deed recorded in Volume 10868, Page 2010 of the Deed Records of Tarrant County, Texas, to a ;~" iron rod found, at the Northwest corner of said Melvin Tract, being the northeast corner of Meadow Glen Estates, an Addition in Tarrant County, according to the plat recorded in Volume 388-215, Page 66 of the Deed Records of Tarrant County, Texas THENCE S 89° 59' 13" W 2021 27 feet, generally following a fence, continuing along the South boundary line of said Tract One, and the North boundary line of said Meadow Glen Estates, to a PK nail found, at the Southwest corner of said Tract One, lying in the West boundary line of the Luella Survey, being the East boundary line of the H Davidson Survey, Abstract No 437, and being the centerline of Old Denton Road (County Road No 4048) , THENCE N 00°05" 18" W 2691 12 feet, along the West boundary line of said Luella Survey, the West boundary line of said Tract One, and the centerline of said Old Denton Road, to a ~" iron rod set at the Northwest corner of said Luella Survey, being the Northwest corner of said Tract One, and being the Southwest corner of the Tract of land conveyed to Alma Powell, by the deed recorded in Volume 2403, Page 77 of the Deed Records of Tarrant County, Texas THENCE N 89°35' 12" E 1327 19 feet, along the South boundary line of said Powell Tract, the North boundary line of said Tract One, and generally following a fence along the North boundary line of said Luella Survey, to a ;~" iron rod set, at -5- a fence corner, and the Southeast corner of said Powell Tract, being the Southwest corner of the G W Parker Survey, Abstract No 1251, and the Southwest corner of the Tract of land designated as Tract 3, in the deed to Hillwood/Freeway, Ltd , recorded in Volume 9381, Page 66 of the Deed Records of Tarrant County, Texas THENCE E 3753 53 feet, generally following a fence along the North boundary line of said Cuella Survey, the North boundary line of said Tract One and Two, the South boundary line of said Parker Survey, and the South boundary line of said Hillwood/Freeway, Ltd Tract, to THE PLACE OF BEGINNING, containing 314 467 acres (13,698,190 square feet) 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 -6- SECTION 4 That annexation of the above described territory into the City of Fort Worth will cause unincorporated areas to be entirely surrounded by the corporate boundaries of the City of Fort Worth, that said unincorporated areas will not be included within the City of Fort Worth as a result of said annexation, and that the surrounding of said unincorporated areas by the City of Fort Worth is in the public interest SECTION 5 That attached hereto, marked Exhibit "X" and incorporated herein for all purposes incident hereto, is a Service Plan providing for the extension of municipal services into the area to be annexed, said Service Plan having been prepared prior to publication of the notices of hearings prescribed under Section 43 056 of the Texas Local Government Code, and having been made available at said hearings for inspection by and explanation to the inhabitants of the area to be annexed SECTION 6 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 -7- SECTION 7 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 8 That this ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained APPROVED AS TO FORM AND LEGALITY i liam W Wood, Deputy City Attorney DATE ~ - ~ ~ ' ~ 9 d s ADOPTED ~ ' -I ' r EFFECTIVE '1 ' ~~ -8- PROJECT VOL ANNEXATION OF 314 467 ACRES-F CUELLA NO 2~6 =ILE NO A-98-007 PLAT NO CP-98-010 CURRENT INCORPORATED AREA 314.467 ACRES TO BE ANNEXED N/A ACRES TO BE DISANNEXED N/A 1ST PUBLIC HEARING 2ND PUBLIC HEARING DATE OF ADOPTION ORDINANCE NO Jan_ 5, 1~ Jan 19} 1999 Fah ~~~9q9 PREVIOUS INCORP AREA SD MI NEW INCORP AREA SO MI EXHIBIT "A" EXHIBIT x CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name THE FRANCISCO CUELLA SURVEY, ABSTRACT NO. 266 Location and Acreage Annexed EAST SIDE OF OLD DENTON ROAD APPROXIMATELY 3,100 FEET NORTH OF KELLER-HICKS - 314.467 ACRES County TARRANT Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Fort Worth, Texas, at the following levels and in accordance with the following schedule A Police Protection Service (1) Patrolling, responses to calls, and other routine police protection services, within the limits of existing personnel and equipment, will be provided on the effective date of annexation (2) As development and construction commence within this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization, and population density within the area, as determined by the City Council, within four and one-half (4-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within the area, whichever occurs later (3) Upon ultimate development of the area, the same level of police protection services will be provided to this area as are furnished throughout the City B Fire and Emergency Protection Service (1) Fire protection services by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, will be provided to this area on the effective date of the annexation ordinance (2) As development and construction of subdivisions commence within this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area with the maximum level of fire and emergency ambulance services consistent with the characteristics of topography, land utilization, and population density of the area, as determined by the City Council, within four and one-half (4-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within this area, whichever occurs later (3) Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the city C Environmental Health and Code Enforcement Services (1) 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, shall be provided within this area on the effective date of the annexation ordinance These ordinances and regulations will be enforced through the use of existing personnel Complaints of ordinance or regulation violations within this area will be answered and investigated by existing personnel beginning with the effective date of the annexation ordinance (2) The City's building, plumbing, mechanical, electrical, and all other construction codes will be enforced within this area beginning with the effective date of the annexation ordinance Existing personnel will be used to provide these services (3) The City's zoning, subdivision, sign, mobile home, junk yard and other ordinances shall be enforced in this area beginning on the effective date of the annexation ordinance (4) All inspection services furnished by the City of Fort worth, but not mentioned above, will be provided to this area beginning on the effective date of the annexation ordinance (5) As development and construction commence within this area, sufficient personnel will be provided to furnish this area with the same level of environmental health and code enforcement services as are furnished throughout the City D Planning and Zoning Services The planning and zoning jurisdiction of the City will extend to this area on the effective date of the annexation ordinance City planning will thereafter encompass this property, and it shall be 2 entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and General Plan E Parks and Community Services (1) Residents of this property may utilize all existing parks and community service facilities throughout the City, beginning with the effective date of this ordinance (2) Capital improvements such as parkland acquisition and development of facilities will be dictated by future land use of the area Should residential development occur, consideration of dedicated parkland will be required under the Park Policy of the Subdivision Ordinance Development of physical improvements will occur once funding sources are identified, a population exists which justifies development and operation/maintenance provisions are secured (3) 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 F Solid Waste Collection (1) Solid waste collection shall be provided to the property in accordance with existing City policies, beginning with the effective date of the annexation ordinance Residents of this property utilizing private collection services at the time of annexation shall continue to do so until notified by the Director of City Services (2) As development and construction commence within this property, and population density increases to the proper level, solid waste collection shall be provided to this property in accordance with then current policies of the City as to frequency, charges and so forth G Street, Storm Drainage and Street Lights (1) The City of Fort Worth's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning with the effective date of the annexation ordinance The City will maintain improved roadway sections dedicated to the public consistent with 3 maintenance performed on other roadways of similar construction and classification within the City of Fort Worth (2) As development, improvement or construction of streets to City standards commences within this property, the policies of the City of Fort Worth with regard to participation in the costs thereof, acceptance upon completion, and maintenance after completion, shall apply (3) The same level of maintenance shall be provided to streets within this property which have been accepted by the City of Fort Worth as is provided to City streets throughout the City (4) The City will maintain storm drainage facilities, within a drainage easement when constructed, to current City of Fort Worth standards applicable throughout the City As development, improvement or construction of storm drainage facilities to City standards commences within this property, the policies of the City of Fort Worth with regard to participation in the costs thereof, acceptance upon completion, and maintenance after completion, shall apply (5) 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 H Water Services (1) Connection to existing City water mains for domestic water service to serve residential, commercial, and industrial use within this property 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 (2) As development and construction of subdivisions commence within this property, water 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 four and one-half (4-1/2) years from the effective date of the annexation ordinance, and/or upon 4 u commencement of development of a subdivision within this property, whichever occurs later I Sanitary Sewer Services (1) Connections to existing City sanitary sewer mains for sanitary sewage service in this 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 (2) As development and construction of subdivisions commence within this property, sanitary sewer mains of the City will be extended by the property owners 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 four and one-half (4-1/2) years from the effective date of the annexation ordinance, and/or upon commencement of development of a subdivision within the property, whichever occurs later J Miscellaneous (1) Any facility or building located within the annexed area and acquired by the City of Fort Worth to provide service to the area will be maintained by the City commencing upon the date of use or the effective date of the annexation ordinance, whichever occurs later (2) General municipal administration and administrative service of the City shall be available to the annexed area beginning with the effective date of the annexation ordinance 5 City of Fort Worth, Texas n-~Ayar o~nd Caunc~l C,ammun~cAt~an DATE REFERENCE NUMBER LOG NAME PAGE 2/9/99 PZ-2079 06ANNEX 1 of 2 suB~ECr ORDINANCE ANNEXING 314 467 ACRES OF LAND OUT OF THE FRANCISCO CUELLA SURVEY, ABSTRACT NO 266, TARRANT COUNTY, TEXAS (ANNEXATION CASE NO A-98-007) RECOMMENDATION It is recommended that the City Council 1 Find that the inclusion of 314 467 acres of land out of the Francisco Cuella Survey, Abstract No 266, Tarrant County, Texas, into the corporate limits of the City of Fort Worth will cause two unincorporated areas, shown on Map Exhibit "A" as included in the attached ordinance, to be entirely surrounded by the corporate boundaries of the City of Fort Worth, and that the surrounding of said unincorporated areas is, and is hereby found to be, in the public interest; and 2. Approve the attached ordinance annexing the subject property in compliance with the requirements of Section 43 052 of the Local Government Code of the State of Texas. On December 15, 1998, the City Council approved the timetable for annexing the above referenced property into the Fort Worth city limits (M&C PZ-2072) Public hearings concerning this request were held as required by state law on January 5 and 19, 1999 The adoption of the attached ordinance completes the annexation process. The annexation of the subject 314 467 acre tract will cause two unincorporated areas to be entirely surrounded by the corporate boundaries of the City of Fort Worth and will not include the unincorporated area within the City These unincorporated areas are located directly north and south of the subject 314 467 acre tract. 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 areas is in the public interest. The Development Review Committee recommended approval of the annexation on December 17, 1998 The City Plan Commission recommended approval of the annexation on December 23, 1998 At the same time, the Plan Commission approved a Concept Plan (CP-98-010) for the development of the property as primarily single-family residential, with a projected population of 3519 persons. City of Fort Worth, Texas M,'Ayar and Caunc~l Commun~cAtian DATE REFERENCE NUMBER LOG NAME PAGE 2~9~99 PZ-2079 06ANNEX 2 of 2 SUBJECT ORDINANCE ANNEXING 314 467 ACRES OF LAND OUT OF THE FRANCISCO CUELLA SURVEY, ABSTRACT NO 266, TARRANT COUNTY, TEXAS (ANNEXATION CASE NO A-98-007) The subject property is located on the east side of old Denton Road approximately 3,100 feet north of Keller-Hicks Road If annexed, approximately 6444 linear feet of the area's perimeter wilt be contiguous to COUNCIL DISTRICT 2, and 2240 linear feet will be contiguous to COUNCIL DISTRICT 4 This would indicate that the subject property should become a part of COUNCIL DISTRICT 2 However, the decision as to which Council District the subject property should be located will need to be made by the City Council at the time it amends the City's single-member member district ordinance prior to the City Council elections in May 1999 MG•k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) ~~o~~~a Mike Groomer 6140 ,at a ~~ ~ ~ ~ ~~ i H d ~ &'' ' Originat ng Department ea : ~ cam. `~~~ ~` Ann Kovich 8901 (from) ' In ~ ~ ( Additional Information Contact: ,-,:~ j4i:.~~ ~~. .:c:-~ .1 ff pp~~.. eau= :t" =: C,i~ r " 1 ~ Ann Kovich 8901 ,; . , ''~~ ' `i Adopted Ordinance No. ~~~~