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HomeMy WebLinkAboutOrdinance 13970._, ~, _~ ORDINANCE NO 'O 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 293 786 ACRES (0 459 SQUARE MILES) OF LAND, MORE OR LESS, OUT OF THE JOHN EDMONDS SURVEY, ABSTRACT NO 457, ALL OF 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 7th day of September 1999, which date was not more than forty t ,.._. (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 21st day of September 1999, which date was not more than forty (40) days nor less than twenty (20) days prior to the institution -1- 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 27th day of August 1999, 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 10th day of September 1999, which date was not more than twenty (2 0 ) 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 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 -2- WHEREAS, the hereinafter described territory lies adjacent to and adjoins the City of Fort Worth, Texas, and WHEREAS, the hereinafter described territory contains 293 786 acres (0 459 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 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 TRACT A BEING a tract of land out of the John Edmonds Survey, Abstract No 457, Tarrant County, Texas, and described by metes and bounds as follows BEGINNING at an iron in the west line of the Texas & Pacific and M K & T Railroad Company right-of-way, said beginning point also being the northeast corner of Block 1, Distribution Center, as shown on the plat recorded in Volume 388/152, Page 43, Plat Records of Tarrant County, Texas, -3- THENCE S 2° 35' 00" W with the west right-of-way of said railroad, 457'77 feet to the beginning of a curve to the right having a radius of 6,440 41 feet and a central angle of 5° 10' 00" THENCE in a southerly direction with said curve to the right along the west line of said railroad right-of-way, 580 76 feet to the end of said curve, THENCE S 7° 45' 00" W with the west right-of-way of said railroad, 301 15 feet to an iron rod located at the southeast corner of Affiliated Drive (a 60 foot wide public street formerly named Nat Gibbs Road) as said street appears on said plat of Block 1, Distribution Center, THENCE S 89° 59' 50" E with the south right-of-way line of said Affiliated Drive, 3,588 18 feet to an iron rod for a corner, said point being the southwest corner of said Block 1, Distribution Center, THENCE N 00° 04' 32" E with the west line of said Block 1, Distribution Center, 1,334 99 feet to an iron rod for a corner, THENCE East with the north line of said Block 1, Distribution Center, 3,700 22 feet to the POINT OF BEGINNING and containing 112 113 acres of land, more or less TRACT B BEING a tract of land out of the John Edmonds Survey, Abstract No 457, Tarrant County, Texas, said tract also being a portion of that certain Parcel No 1 and Parcel No 2 as described in Volume 13077, Page 505, Deed Records of Tarrant County, Texas, conveyed to KROGER/377 L P and being more particularly described by metes and bounds as follows BEGINNING at an % inch rod on the most eastern line of said Parcel No 1 and in the west line of the Texas & Pacific and M K & T Railroad Company right-of-way, said beginning point also being the southwest corner of Affiliated Drive, (a 60 foot wide public street formerly named Nat Gibbs Road) as said street appears on plat of Block 1, Distribution Center, recorded in Volume 388/152, Page 43, Plat Records of Tarrant County, Texas, -4- THENCE S 07° 45' 00" W, 746 90 feet along the most eastern line of said Parcel No 1 and the westerly right-of-way of said railroad to a 5/8 inch iron rod found at the southeast corner of said Parcel No 1 and the northeast corner of that certain First Tract conveyed to Siecor Development Corporation as recorded in Volume 6876, Page 1435, Deed Records of Tarrant County, Texas, THENCE N 89° 34' 17" W, along the south line of said Parcel No 1 and the north line of said Siecor's First Tract and passing that certain Second Tract conveyed to Siecor Development Corporation as recorded in Volume 6876, Page 1435, Deed Records of Tarrant County, Texas, in all 2147 95 feet to a point being the northwest corner of said Second Tract, and being a corner on the existing city limit line of the City of Fort Worth as established by Ordinance No 9142 adopted on August 14, 1984, THENCE N 89 34' 38" W, along said city limit line and the north line of that certain Tract 14 (called 748 38 acres of land) conveyed to Hillwood/2500, Ltd as recorded in Volume 9409, Page 1043, Deed Records of Tarrant County, Texas to a point on the west line of Ray White Boulevard (County Road No 4066), said point being on the existing city limit line of the City of Fort Worth as established by Ordinance No 9914 adopted on July 28, 1987, THENCE N 00° 05' 22" E, 816 89 feet along the west line of said Ray White Boulevard to a point, THENCE N Ol° 17' 53" E, 1222 73 feet along the west line of said Ray White Boulevard to a point for the northwest corner, THENCE S 8959' 42" E, departing the west line of said Ray White Boulevard, 1283 37 feet to a ~ inch iron rod found at the northwest corner of the aforementioned Block 1, Distribution Center, said iron rod also being in the east line of said Parcel No 2, THENCE S 00 04' 32" W, 1334 99 feet along the east line of said Parcel No 2 and the west line of said Block 1 to a point for corner on the south line of said Affiliated Drive, THENCE N 89° 59' 50" E, 3588 18 feet along the south of said Affiliated Drive to the POINT OF BEGINNING and containing 121 215 acres, more or less -5- TRACT C BEING a tract of land out of the John Edmonds Survey, Abstract No 457, Tarrant County, Texas, also being all of that certain First Tract and Second Tract as described in Volume 6867, Page 1435, Deed Records of Tarrant County, Texas, conveyed to Siecor Development Corp and being more particularly described by metes and bounds as follows BEGINNING at the northwest corner of said Siecor's Second Tract, John Edmonds Survey, Abstract No 457, said corner also being a corner located on the existing city limit line of the City of Fort Worth as established annexation Ordinance No 9142 adopted on August 14, 1984, THENCE S 89° 34' 17" E, in all 2147 95 feet to a 5j8" iron rod at the northeast corner of said Siecor's First Tract, said corner also being in the west line of the Texas & Pacific and M K & T Railroad Company right-of-way, THENCE southwesterly, along the west line of said Texas & Pacific and M K & T Railroad Company right-of-way, also being along the east line of said Siecor's First Tract, to a point for its southeast corner, which point is also the northeast corner of Tract 5D1 of said John Edmonds Survey, THENCE west, along the common south line of said Siecor's First Tract and the north line of said Tract 5D1 John Edmonds Survey, to a point for a northwest corner of Tract 5D1, said point also being the northeast corner of Tract 5D, John Edmonds Survey, Abstract No 457, and being a corner on the existing city limit line of the City of Fort Worth as established by Ordinance No 9142 adopted on August 14, 1984, THENCE along the current Fort Worth City Limit line as follows, N 89°37' 03" W, 1924 25 feet along the south lines of said Siecor's First Tract and Second Tract and the north line of Tract 5D, all of said John Edmonds Survey, to a point for the southwest corner, THENCE along the current Fort Worth City Limit line as follows, N 00° O1' 47" E, 1277 05 feet along the west line of Siecor's Second Tract to the POINT OF BEGINNING and containing 60 458 acres, more or less -6- 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 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 -7- 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 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 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 -8- APPROVED AS TO FORM AND LEGALITY William W Wood, Deputy City Attorney DATE ~ ~'~7'Y 7 ADOPTED ~ c(~ ~ 1 a ' ~'! G - - EFFECTIVE ~ ®- la ~~~ -9- ILE NO A-99-003 PLAT NO CURRENT INCORPORATED AREA 293.786 ACRES TO BE ANNEXED N/A ACRES TO BE DISANNEXED 0 1ST PUBLIC HEARING 2ND PUBLIC HEARING DATE OF ADOPTION ORDINANCE NO Sept;. 7, 1999 Sept. 21, 1999 PREVIOUS INCORP AREA SO MI NEW INCORP AREA cn Mr FORT WORTH CITY LIMITS a ~~- i~ ~ I ~ t ~J SCALE. i"= 1,000' Exhibit A (2 of 2) CITY OF FORT WORTH CORPORATE BOUNDARY CHANGE - 1999 "Sept 7, PROJECT Annexation of Kroger, Kroger/377 L.P and Siecor Properties 15T PUBLIC HEARING PLAT No Sept 21, 1999 =ILE NO A-99-003 2ND PUBLIC HEARING 1~------~ DATE OF ADOPTION OCt ~ 2 CURRENT INCORPORATED AREA ORDINANCE NO .; ::<<;.: 293 786 ACRES TO BE ANNEXED ~~~_`~"~~ NIA ACRES TO BE DISANNEXED NIA PREVIOUS INCORP AREA _-- SO MI NEW INCORP AREA SD MI .a,~. ,~ EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name JOHN EDMONDS SURVEY, ABSTRACT NO. 457 Location and Acreage Annexed: SOUTH OF WALL PRICE-KELLER ROAD AND WEST OF U S HIGHWAY 377 - 293 786 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 2 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 entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and General Plan E Parks and Communitv 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 3 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 maintenance performed on other roadways of similar construction and classification within the City of Fort Worth (2) Except as noted below, as development, improvement or construction of new streets 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 Developer cost participation will not apply to the upgrading of existing Ray White Road, Kroger Drive and Park Vista Circle where these thoroughfares abut or traverse Tract A and Tract B (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 The following street standards will apply as new development, improvement or construction of streets commences within this property Option 1 - 24' wide road with open drainage 7" concrete paving 6" lime stabilized base Option 2 - 24' wide road with open drainage 6" asphalt paving 6" rock base or 4" cement treated base 6" lime stabilized base Option 3 -Urban City Standards in effect at time of platting (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 Except as - ..,, noted below, 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 4 Developer cost participation will not apply to the upgrading of existing drainage facilities for Ray White Road, Kroger Drive and Park Vista Circle where these thoroughfares abut or traverse Tract A and Tract B (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 uses 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 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, 5 -~ 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 6 City of Fort Worth, Texas M'Ayor and Caunc~l CommunicAtion DATE REFERENCE NUMBER LOG NAME PAGE 10/12/99 PZ-2149 06EDMONDS 1 of 1 SUBJECT ORDINANCE ANNEX{NG 293 786 ACRES OF LAND OUT OF THE JOHN EDMONDS SURVEY, ABSTRACT NO 457, TARRANT COUNTY, TEXAS (ANNEXATION CASE NO A-99-003) RECOMMENDATION It is recommended that the City Council approve the attached ordinance annexing the subject property in compliance with the requirements of Section 43 052 of the Local Government Code of the Sta#e of Texas. DISCUSSION On August 24, 1999 (M&C PZ-2125), 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 as required by state law on September 7 and 21, 1999 The adoption of the attached ordinance completes the annexation process. The subject property is located south of Wall-Price Keller Road and west of U S Highway 377 If annexed, this property would become a part of COUNCIL DISTRICT 4 MG k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVED Mike Groomer 6140 CITY COUNCIL ! Originating Department Head: I O CT 12 1999 Ann Kovich 8901 (from) ~q ~ Additional Information Contact: ~~~ 1~`°"° '"''"'"~~ City secretary of tAo City of Fort Wort17 Seurat Ann Kovich 8901 , Adopted Ordnance No, ("~ ~~