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HomeMy WebLinkAboutOrdinance 13894~:~~ .,~.-.. f~.. ORDINANCE NO _q,~ 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 87 4 ACRES (0 140 SQUARE MILES) OF LAND, MORE OR LESS, OUT OF BLOCKS 53 AND 54, SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT # 1375 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 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) days nor less than twenty (20) days prior to the institution of -1- F 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 WHEREAS, the hereinafter described territory lies adjacent to -2- and adjoins the City of Fort Worth, Texas, and WHEREAS, the hereinafter described territory contains 87 4 acres (0 140 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 a part of Blocks 53 and 54, Shelby County School Land Survey, Abstract # 1375, in the southerly part of Tarrant County, Texas, containing all of the following parcels Vol 1098 P 609, Vol 10536 P 944, Deed records Tarrant County, Texas and part of the following parcels, Vol 9469 P 1878, Vol 9469 P 1882, Vol 10862 P 1522, Vol 10296 P 1336, Deed Records Tarrant County, Texas, Beginning at a point in the common line of Block 45 and Block 54, of said Shelby County School Land Survey, said point being 870 0 feet South of the North line of said Block, 54, said point being in the existing Fort Worth City Limits, according to Section I of Ordinance Number 9065, -3- Thence with said city limit line, South 89 degrees 42 minutes 50 seconds East, a distance of 1000 feet, Thence with a line 1000 feet easterly of and parallel with the common line of said Blocks 45 and 54, South 00 degrees 10 minutes 19 seconds East, a distance of 1658 21 feet to a point in the South right-of-way of Everman-Kennedale Road also known as County Road Number 2051 recorded in Vol 792 P 570, Deed Records Tarrant County, Texas, and also being a point in a curve having a central angle of 13 degrees 29 minutes 30 seconds, whose center bears South O1 degrees 09 minutes and 33 seconds and a radius of 1120 77 feet said point also being in the north line of a parcel to Waste Management Inc recorded Vol 10986 P 609 Deed Records Tarrant County, Texas, Thence easterly with said South right-of-way of said County Road 2051,and said curve to the right an arc distance of 263 91 feet to a point, Thence continuing with the said right-of-way of County Road Number 2051, South 77 degrees 40 minutes 03 seconds East, a distance of 416 71 feet to a point for the beginning of a curve having a central angle of 11 degrees 47 minutes 22 seconds and a radius of 741 09 feet, the center bears north 12 degreesl9 minutes 57 seconds east, and whose chord bears south 83 degrees 33 minutes 44 seconds east, a distance of 152 22 feet, Thence Easterly with said right-of-way and said curve to the left an arc distance of 152 49 feet to a point, Thence continuing with the said south right of way South 88 degrees 43 minutes 38 seconds East a distance of 243 16 feet to a point, said point being the northeast corner of said Waste Management Inc parcel, said point being the northwest corner of a parcel to Waste Management Inc recorded in Vol 10536 P 944, Deed Records Tarrant County, Texas, Thence with said south right-of-way line and north line of said Waste Management parcel South 89 degrees 44 minutes 02 seconds East a distance of 589 9 feet to a point, said point being 400 feet West of the West right-of-way line of Dick- Price Road, and the common Extra Territorial Jurisdiction Line between the City of Fort Worth and the City of Kennedale as established by the Joint Resolution Agreement Number 22086, -4- I Thence South with a line 400 feet westerly of and parallel with the common ETJ line South 00 degrees 04 minutes 55 seconds West a distance of 400 48 to a point in the north line of a parcel to Scott Netherton recorded in Vol 12740, P 2, Deed Records Tarrant County, Texas, Thence South 89 degrees 59 minutes 08 seconds West a distance of 28 75 feet to a point, said point being the northwest corner of the said Scott Netherton parcel and said point also being the east line of the said Waste Management Inc parcel, Thence with the west line of the said Scott Netherton parcel South 00 degrees 04 minutes 55 seconds West a distance of 307 56 to a point, said point being in the north line of a parcel to Ricky Jones as recorded in Vol 11913 P 0179 Deed Records Tarrant County, Texas, Thence South 89 degrees 59 minutes 08 seconds West a distance of 61 32 feet to the northwest corner of the said Jones parcel, said point also being in the East line of said Waste Management Inc parcel, Thence with the west line of the Jones parcel and the east line of the said Waste Management Inc South 00 degrees 02 minutes 33 seconds East a distance of 298 73 feet to a point, 1000 feet South of said South right-of-way, said point being the said common ETJ established by Joint Resolution Agreement Number 22086; Thence with a line 1000 feet South of and generally parallel with said South right-of-way, West a distance of 319 18 feet to a point in the South line of a 130 foot wide pipeline easement to the Tarrant County Water Improvement District, said point being the said common ETJ established by Joint Resolution Agreement Number 22086, Thence northwesterly with the said South line of said pipeline easement and said ETJ agreement, North 62 degrees 20 minutes 15 seconds West a distance of 1170 26 feet to a point in the center line of Village Creek, Thence southwesterly with the meandering of the center line of Village Creek the following courses and distances, South 59 degrees 09 minutes West a distance of 52 32 feet, South 89 degrees 15 minutes West a distance of 197 79 feet, South 72 degrees 42 minutes West a distance of 207 15 feet, -5- ~-. South 58 degrees 43 minutes West a distance of 222 41 feet, South 75 degrees Ol minutes West a distance of 188 77 feet, South 59 degrees 58 minutes West a distance of 246 22 feet, South 43 degrees 25 minutes West a distance of 130 76 feet, And South 12 degrees 25 minutes West a distance of 71 60 feet to a point, being 1000 feet South of said South right-of-way, Thence with a line 1000 South of and generally parallel with said South right-of-way, West a distance of 72 O1 feet to a point, said point being the East line of Block 46 and the West line of Block 53 in the said Shelby County School Land Survey, Thence with the said East line of Block 46 and the West line of Block 53 and with said City Limit Line North 00 degrees 10 minutes 19 seconds West a distance of 2809 86 feet to the POINT OF BEGINNING and containing 87 4 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 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 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 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 -7- ~ • w 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 G'L/ William W Wood, Deputy City Attorney f q~ DATE ~ .. ~ °~' ADOPTED ~~' ~~"l EFFECTIVE ~ ` (C~ ~ "l "I -8- NiAPSCO 107 F & G ZONE MAP 56-1 TAD MAP 2078-352 EXHIBIT A (Page 1 of 2) SCALE. i"= 4,000' CORPORATE BOUNDARY CHANGE - CITY OF FORT WORTH nnn ~r r.T __ N •~~~~ ~ r~i~i~~nr~ ~ lulu ~r MH ~ tRIALS RECOVERY FACILITY = ILE No A-99-005 PLAT NO CURRENT INCORPORATED AREA 874 ACRES TO BE ANNEXED N/A ACRES TO BE DISANNEXED 0 0 4ST PUBLIC HEARING 2ND PUBLIC HEARING DATE OF ADOPTION ORDINANCE NO -~~~1-~ F, 1999 July 20, 1999 August 10, 1999 PREVIOUS INCORP AREA SO MI NEW INCORP AREA SO MI \ ~ • I i ~ ors wo~~r FORT WORTH CITY LIMITS /%i/'/ ,_~ T, ~; 7 H \\\ / ~ / / ~/ S~Hoa~ ENO ~ \ \ /~ /~ ~ ~ ~ UR~EYS o 5 37 -n ~/ / i~"E%~ A'~ Fort Worth E T J ~ ~// / /~ __ \~ ~ , ~ Y ~ ~ ~/~/ '~ / / / / E E '\~ / / / / /~~(~~ / / C~rp~lra~'e ,~ou~fid~lry,'C~6n~'e ' ~ / / / / / / / r' / / / / / ~ / / / / / n$ // % // / / % / / MATERIALS RECOVERY ~ / FACILITY i i~-- ' ~~ ~'C ~t'y ,df ,Po rf' ~~r~~ i i i / i i i i / i / / / / / ~ / / / / / / / /o / % / / % / / / / / / / / / % / / / i i i i ' i i / / / / i i erredo\e ~ ~ , K EXHiBiT A (Page 2 of 2) L____i i e~ 0 a a 0 U v A w U .''~. U A FORT~OIRTH OATS 5/14/99 SCALE 1'=500' ~ DRAWN OY G.O.W. ~~ Np, 2612 400 ., EXHIBIT x CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Name BLOCKS 53 AND 54, SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO 1375 Location and Acreage Annexed: SOUTH OF EVERMAN KENNEDALE BURLESON ROAD AND WEST OF DICK PRICE ROAD - 87 4 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 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 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 (2) As development and construction of subdivisions commence within this property, water mains of the City will be extended 4 r ~ • 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 Sanitarv 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-L/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 And Caunc~l C,ammun~cAt~an DATE REFERENCE NUMBER LOG NAME PAGE 8/10/99 **pZ_212$ 06PRICE 1 of 1 SUBJECT ORDINANCE ANNEXING 87 4 ACRES OF LAND OUT OF BLOCKS 53 AND 54, SHELBY COUNTY SCHOOL LAND SURVEY, ABSTRACT NO 1375, TARRANT COUNTY, TEXAS ANNEXATION CASE NO A-99-005 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 Counci! approved the timetable for annexing the above referenced property into the Fort Worth City limits (M&C PZ-2110) Public hearings concerning this request were held as required by state law on July 6 and 20, 1999 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 Everman Kennedale Burleson Road and west of Dick Price Road If annexed, this property would become a part of COUNCIL DISTRICT 8 MGj Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROVE© Mike Groomer 6140 CITY ~®'U lV V (l Originating Department Head: am V 10 1999 A~~ Ann Kovich 8901 (from) ~ ~ Additional Information Contact: `` ~~ r t'`et ~ ~~ ~ ~~Yt~d'~~~,g ~I ~ Ann Kovich 8901