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HomeMy WebLinkAboutOrdinance 13888ORDINANCE 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 231 06 ACRES (0 360 SQUARE MILES) OF LAND, MORE OR LESS, OUT OF THE C TYDING SURVEY, ABSTRACT NO 1276, THE H C & W T SLOAN SURVEY, ABSTRACT NO 1533, THE J IVY SURVEY, ABSTRACT NO 849, AND THE R MATANTY SURVEY, ABSTRACT NO 878 ALL OF DENTON COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH, TEXAS, PROVIDING THAT THE 'T'ERRITORY 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 6th day of July 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 20th day of July 1999, which date was not more than forty (40) -1- f k= :_ 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 25th day of June 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 9th day of July 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 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 231 06 acres (0 360 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 BEING 231 06 acres of land located in the C TYDING SURVEY, Abstract No 1276, the H C & W T SLOAN SURVEY, Abstract No 1533, the J IVY SURVEY, Abstract No 849, and the R MATANTY SURVEY, Abstract No 878 all of Denton County, Texas, and being all of the property conveyed by warranty deed to Northwest ISD according to the deeds recorded in Volume 352, Page 518, Volume 1047, Page 995, Volume 1607, Page 797, Volume 1782, Page 918, and County Clerk File No 95-R0042861 of the Deed Records of Denton County, Texas, and a portion of F M Highway No 156 and the Santa Fe Railroad right-of-way lying adjacent to and along the East right-of-way line of said FM Highway No 156 Said 231 06 acres of land being more particularly described by metes and bounds, as follows -3- BEGINNING at a point at the Northwest corner of the City Limits of the City of Fort Worth, per Ordinance No 12311 adopted on December 12, 1995 Said point being in the East right-of-way line of the Santa Fe Railroad Company right-of- way at its intersection with the South right-of-way line of State Highway No 114, THENCE N 670 22' 40" W 286 06 feet, along the South right-of- way line of said state Highway No 114, to a point, THENCE N 890 46' 08" W 2153 79 feet, following along the North line of the property conveyed to Northwest ISD by the deed recorded in Volume 1047, Page 995 of the Deed Records of Denton County, Texas, to a point, THENCE N 000 08' 58" E 887 86 feet, along the East line of the Tract of land conveyed to Northwest ISD recorded in County Clerk File No 95-R0042861 of the Deed Records of Denton County, Texas, to a point in the South right-of-way line of the aforesaid State Highway No 114, THENCE NORTHWESTERLY, along the South right-of-way line of said State Highway No 114, as follows 1 N 670 34' 15" W" 1583 49 feet, to a point, 2 N 670 40' O1" W 784 40 feet, to a point at the beginning of a curve to the left, 3 NORTHWESTERLY 415 60 feet, along said curve to the left having a radius of 2864 79 feet, a central angle of 080 18' 43", and a chord bearing N 720 24' 58" W 415 24 feet, to a point, Said point being the Northwest corner of the property conveyed to Northwest ISD by the deed recorded in Volume 352, Page 518 of the Deed Records of Denton County, Texas, THENCE S 010 Ol' 46" E 778 00 feet, along the West line of said Northwest ISD Tract, to a point at the Southwest corner thereof, THENCE N 880 58' 14" E 784 26 feet, along the South line of said Northwest ISD Tract, to a point Said point being the Northwest corner of the Tract of land conveyed to Northwest ISD by the deed recorded in Volume 1607, Page 797 of the Deed Records of Denton County, Texas, -4- THENCE S OOca 08' 58" W 1616 76 feet, along the West line of said Northwest ISD Tract, to a point at the Southwest corner thereof, THENCE N 88ra 40' 37" E 1767 68 feet, along the South line of said Northwest ISD Tract, to a point, THENCE S 08ra 36' 47" E 383 25 feet, along the West line of the Tract of land conveyed to Northwest ISD by the deed recorded in Volume 1047, Page 995 of the Deed Records of Denton County, Texas, to a point at the Southwest corner thereof, THENCE N 89ra 58' 46" E 1936 38 feet, along the South line of said Northwest ISD Tract, and crossing the aforesaid right-of-~ way of FM Highway No 156 and the Santa Fe Railroad right-of- way to a point in the East right-of-way line of said Santa Fe Railroad Said point being in the present Northwest City Limit Line of the City of Fort Worth, according to Ordinance No 12311 adopted December 12, 1995, THENCE along the East right-of-way line of said Santa Fe Railroad, and the Northwest right-of-way line of the City of Fort Worth Corporate Boundary Limits per Ordinance No 12311, as follows 1 N 12ra 36' 25" E 183 55 feet, to a 1/2" iron rod found, 2 S 77ra 23' 35" E 25 00 feet, to a 1/2" iron rod found, 3 N 12 vs 36' 25" E 298 02 feet, to a 1/2" iron rod found, 4 S 89ra 05' 52" E 25 71 feet, to a 1/2" iron rod found, 5 N 12ra 36' 25" E 1248 74 feet, to THE PLACE OF BEGINNING, containing 231 06 acres of land more or less 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 -5- 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 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 -6- 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 APPROVED AS TO FORM AND LEGALITY w liam W Wood, Deputy City Attorney r DATE ~ - ~ ~ - i ADOPTED ~ LI ~ f "l -1 EFFECTIVE ~ I -~ 1 -7- = ILE NO A-99-004 PLAT NO CURRENT INCORPORATED AREA 23106 ACRES TO BE ANNEXED N/A ACRES TO BE DISANNEXED _Y C N/A 1ST PUBLIC HEARING 2ND PUBLIC HEARING GATE OF ADOPTION ORDINANCE NO July 20. 19 August 10, 1999 PREVIOUS INCORP AREA SO MI NEW INCORP AREA SO MI A O N y~W1 Z A / ~ a aP~~ ~ ~, azz ~ m (~~ i`~y~°a o °~ ~m~a Wm ~' 3opoppoN ti p ~W o a.G - e~ ~ D ~ /e ~~~N~ g~ spay}W(~~yd oo ~ ff ~ 2 N ~ O W W Q.' ~ O p~ C~ F `n~ N mN UU~ZC IN W W ~ 4 W n ~ '.. ~ N N ~ N 2 ~,MMTT~` ~ e n N _ ~ _ _ I~~'7.1 3 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U~<ovi~~o~ U - 3 3 U_ F O U J ~ EXHIBIT x CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name: C TYDING SURVEY, ABSTRACT NO 1276, THE H C & W T SLOAN SURVEY, ABSTRACT NO. 1533, THE J IVY SURVEY, ABSTRACT NO 849, AND THE R MATANTY SURVEY, ABSTRACT NO 878 Location and Acreage Annexed: SOUTH OF STATE HIGHWAY 114 AND WEST OF F.M -156 - 231 06 ACRES County: DENTON 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 r (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 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 3 ,.,;~. a 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) 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 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 4 o,>.d t f (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, 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 M'Ayar And Council CommunicAtion DATE REFERENCE NUMBER LOG NAME PAGE 8/10/99 PZ-2129 06SH114 1 of 1 SUBJECT ORDINANCE ANNEXING 231 06 ACRES OF LAND OUT OF THE C TYDING SURVEY, ABSTRACT NO 1276, THE H C & V1l T SLOAN SURVEY, ABSTRACT NO 1533, THE J IVY SURVEY, ABSTRACT NO 849, AND THE R. MATANTY SURVEY, ABSTRACT NO 878, DENTON COUNTY, TEXAS ANNEXATION CASE NO A-99-004 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 State of Texas DISCUSSION On June 22, 1999, the City Council approved the timetable for annexing the above referenced property into the Fort Worth City limits (M&C PZ-2111) Public hearings concerning this request were held July 6 and 20, 1999 as required by state law The adoption of the attached ordinance completes the annexation process The City Plan Commission recommended approval of the annexation on June 23, 1999 LOCATION -- The subject property is located south of State Highway 114 and west of FM-156 If annexed, this property would become a part of COUNCIL DISTRICT 2. MGj Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPRQ Mike Groomer 6140 ~1NC1~ ~~~ ~® d ~ Originating Department Hea : 10 1999 AUG Ann Kovich 8901 (from) ~ ~ ~''u'`"`J Additional Information Contact: Gitp Secretar}~ of Lhe rt Wartli, Texan F Ann Kovich 8901 o Citq oI