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HomeMy WebLinkAboutOrdinance 13343ORDINANCE 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 17 92 ACRES (0 028 SQUARE MILES) OF LAND, MORE OR LESS, OUT OF THE G W SHAMBLIN SURVEY ABSTRACT NO. 1191, DENTON 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 Gymnasium of Arlington Heights Senior High School, Fort Worth, Texas, on the 6th day of January 1998, 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 January 1998, which date was not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and .zo~9 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 24th day of December 1997, 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 January 1998, 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 WHEREAS, the hereinafter described territory lies adjacent to and adjoins the City of Fort Worth, Texas, and -2- WHEREAS, the hereinafter described territory contains 17 92 acres (0 028 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 all of a certain tract of land lying and being situated in the G W Shamblin survey abstract No 1191, Denton County, Texas Beginning at an iron rod found with a yellow cap stamped Carter & Burgess in the southeasterly line of Interstate Highway No 35W, same also being the northwest corner of a certain tract two, described in a deed, recorded in volume 3022, page 222, real property records of said county -3- Thence North 30 Degrees 55 Minutes 26 Seconds East along said southeasterly line of Interstate 35W, a distance of 2192 05 feet to a concrete right-of-way marker for corner, same also being the southwest corner of a certain 1 71 acre tract described in a deed to Independent Holiness Church, recorded in volume 2751, page 26, real property records of said county Thence North 59 Degrees 04 Minutes 34 Seconds West to a point in the northeast right-of-way of Interstate Highway 35W a distance of 350.00 feet, Thence South 30 Degrees 54 Minutes 48 Seconds West along the northeast right-of-way line of Interstate Highway 35W, a distance of 2,267 05 feet; Thence South 70 Degrees 58 Minutes 49 Seconds, a distance of 360 00 feet to the POINT OF BEGINNING and containing 17 92 acres or 780,595 20 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 -4- 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 -5- 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 ~ a illiam W Wood, Deputy City Attorney DATE ~ ' ~ .Z r. ~' d ADOPTED ~ ~ l O - EFFECTIVE -6- / `~" 1ST PUBLIC HEARING 1 '" ~ i`'J =ILE No A-97-011 PLAT NO q 1 ~z0 + g 2N0 PUBLIC HEARING I CURRENT INCORPOflATED AREA GATE OF ADOPTION 17 92 ORDINANCE NO . ACRES TO BE ANNEXED ® PREVIOUS INCORP AREA SD MI I~~A ACRES TO BE DISANNEXED ~~~ NEW INCORP AREA SO MI _.,,_,. d ~~. .a. ,A.,,,,a EXHIBIT X CITY OF FORT WORTH,. TEXAS SERVICE PLAN FOR ANNEXED AREA Name: THE G. W SHAMBLIN SURVEY, ABSTRACT NO. 1191. Location and Acreage Annexed FREEWAY RIGHT-OF-WAY FOR INTERSTATE HIGHWAY 35W SITUATED SOUTH OF STATE HIGHWAY 114 AND NORTH OF ELIZABETH CREEK.- 17.92 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 Felice 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 maxim 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 ordinances (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 Qua incr 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 ~: (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 operationfmaintenance 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 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 3 ..,, 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 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 4 ~~ 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 r 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-~uy~r end Caunc;l (:,amt~tun~cAt;~n DATE 2/10198 REFERENCE NUMBER PZ-2019 LOG NAME 0635W PAGE 1 of 1 SUBJECT ORDINANCE ANNEXING 17 92 ACRES OF FREEWAY RIGHT-OF-WAY FOR INTERSTATE HIGHWAY 35W OUT OF THE G W SHAMBLIN SURVEY, ABSTRACT NO 1191, DENTON COUNTY, TEXAS (ANNEXATION CASE NO A-97-011) RECOMMENDATION It is recommended that the City Council approve the attached ordinance annexing the above described property in compliance with the requirements of Section 43 052 of the Local Government Code of the State of Texas DISCUSSION On December 16, 1997, the City Council approved the timetable for annexing the above referenced property into the Fort Worth city limits (M&C PZ-2005) Public hearings concerning this request were held as required by state law on January 6 and 20, 1998 The adoption of the attached Ordinance completes the annexation process. The City Plan Commission recommended approval of this annexation on December 22, 1997 LOCATION The subject property is situated south of State Highway 114 and north of Elizabeth Creek. If annexed, the subject property would become a part of COUNCIL DISTRICT 2 MG.a Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) ~'Oy~ Mike Groomer 6140 ~"~'~ ~+~YiY~ IL ~ a Originating Department Head: 1 1 ! ~odd~~ssv ~~~ 1® ~~~ Ann Kovich 8901 (from) Additional Information Contact: C'~tp~!'Foztl4os~ Ann Kovich 8901 A~opt~d ~~dinanc~ L~oQ ~~