HomeMy WebLinkAboutOrdinance 1344505-18-9&A11 05 RCVS
ORDINANCE NO S
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
148 377 ACRES (0 232 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 in the auditorium of
Ridglea Hill Elementary School, Fort Worth, Texas, on the 7th day
of April 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 21th day of April 1998, 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
27th day of March 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 10th day of April 1998, 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
and adjoins the City of Fort Worth, Texas, and
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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 area 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 area is, and is hereby found to
be, in the public interest, and
WHEREAS, the hereinafter described territory contains 148 377
acres (0 232 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 tract of land situated in Denton County, Texas, and being
a part of the Allen Henderson Survey, Abstract Number 596, and in
-3-
the P K Matthews Survey, Abstract Number 865, and the G Shamblin
Survey, Abstract Number 1101, and the T J Bates Survey, Abstract
Number 206, and being a portion of that tract of land described in
a deed to Hillwood/1358, Ltd as recorded in Clerk's Filing Number
96-R0066179, and to J Fred Davis ET UX Jean Craven Davis, Volume
1024, Page 499, Deed Records, Denton County, Texas, and being more
particularly described by metes and bounds as follows
BEGINNING at the northeast corner of the said Hillwood/1358
tract,
THENCE S 00°05'27"W, 2571 51 feet, generally along the center
of a County Road, and the easterly line of that tract annexed
to the City of Fort Worth, by Ordinance No 12672,
THENCE N 89°39'44"W, 2674 07 feet, along Elizabethtown
Cemetery Road, and the south line of said Ordinance tract No
12672,
THENCE South 25 00 feet, to the northerly line of that tract
annexed to the City of Fort Worth, by (Ordinance No 10357),
THENCE S 89°39'44"E, 2699 07 feet, along a north line of said
tract (Ordinance No 10357),
THENCE N 00°05'27"E, 2568 53 feet, along the west line of said
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tract (Ordinance No 10357), to the south right-of-way line of
Litsey Road,
THENCE S 89°58'48"E, 2393 82 feet, along the south right-of-
way of Litsey Road, and along a north line of said tract
(Ordinance No 10357),
THENCE N Ol°36'14"E, 752 20 feet, leaving said tract, crossing
and departing Litsey Road,
THENCE N 89°20'29"E, 288 60 feet,
THENCE N O1°57'45"E, 101 08 feet,
THENCE S 89°01'02"E, 79 24 feet,
THENCE N 00°43'00"E, 1639 49 feet,
THENCE N 89°33'00"W, 75 00 feet,
THENCE N 00°43'00"E, 75 00 feet,
THENCE N 89°33'00"W, 190 00 feet,
THENCE N 00°43'00"E, 50 00 feet, to the north right-of-way of
Elizabethtown Cemetery Road,
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THENCE N 89°31'58"W, 2256 45 feet, along the north right-of-
way of Elizabethtown Cemetery Road, to the east line of that
tract annexed to the City of Fort Worth by Ordinance No
12817, said point being in the west line of Elizabethtown
Cemetery Road,
THENCE S 00°34'44"W, 2546 89 feet, along the east line of said
tract (Ordinance No 12817) and along said tract (Ordinance
No 12817) and along said west line of Elizabethtown Cemetery
Road,
THENCE S 41°04'44"W, 20 80 feet, continuing along said tract
(Ordinance No 12817), and along the west line of
Elizabethtown Cemetery Road,
THENCE S 89°58'44"W, 231 35 feet, along said tract (Ordinance
No 12817), and along the north line of Elizabethtown Cemetery
Road,
THENCE S 42°54'44"W, 43 19 feet, along said tract (Ordinance
No 12817), and along the north line of said Elizabethtown
Cemetery Road,
THENCE S 82°10'44"W, 11 80 feet, along said tract (Ordinance
No 12817), and along the north line of said Elizabethtown
Cemetery Road,
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THENCE S 00°01'16"E, 15 00 feet, along said tract (Ordinance
No 12817), and along the west line of said Elizabethtown
Cemetery Road, to the POINT OF BEGINNING and containing
6,463,290 square feet or 148 377 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
SECTION 4
That annexation of the above described
Fort Worth will cause an unincorporate~
surrounded by the corporate boundaries
that said unincorporated area will not
City of Fort Worth as a result of said
territory into the City of
3 area to be entirely
of the City of Fort Worth,
be included within the
annexation, and that the
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surrounding of said unincorporated area 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
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,
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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
s •
William W Wood, Deputy City Attorney
DATE ~` ~ ~ _ ~~
ADOPTED ~ ~ /~ ~/~
EFFECTIVE
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PROJECT VO
=ILE NO o_
377 ACR
PLAT NO
CURRENT INCORPgRATED AREA
148.377 ACRES TO BE ANNEXED
N%A ACRES TO BE DISANNEXED
1ST PUBLIC HEARING
2ND PUBLIC HEARING
GATE OF ADOPTION
ORDINANCE NO
APRIL 7, 1998
APRIL 21, 1998
MAY 12, 1998
PREVIOUS INCORP AREA 301.686 SO MI
N/A NEW INCORP AREA SO MI
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EXHIBIT x
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Name: THE ALLEN HENDERSON SURVEY, ABSTRACT NO. 596, THE P.K. MATTHEWS SURVEY,
ABSTRACT NO. 865, THE G. SHAMBLIN SURVEY, ABSTRACT N0. 1101, AND THE T.J.
BATES SURVEY, ABSTRACT NO. 206
Location and Acreage Annexed: NORTHEAST CORNER OF ELIZABSTHTOWN CEMETERY ROAD
AND LITSEY ROAD AND INCLUDING 5,243 LINEAR FEET
OF STREET RIGHT-OF-WAY FOR ELIZABETHTOWN CEMETERY
ROAD SITUATED SOUTH OF LITSEY ROAD- 148.377 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 P~~~ce 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 daCse 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 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=
(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
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
- 3
(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
H
I
(5) Street lights installed
maintained by the City
current City policies
maintained by the City of
Water Services
on improved public streets shall be
of Fort Worth in accordance with
Other street lighting shall not be
Fort Worth
(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
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
4
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
~1~Ayar And Caunc~l amn»un~cAt~an
C
DATE REFERENCE NUMBER 'LOG NAME PAGE
5/12/98 PZ-2039 0698001 1 of 2
SUBJECT ORDINANCE ANNEXING 148 377 ACRES OF LAND OUT OF THE ALLEN
HENDERSON SURVEY, ABSTRACT NO 596, THE P K. MATTHEWS SURVEY,
ABSTRACT NO 865, THE G SHAMBLIN SURVEY, ABSTRACT NO 1101, AND THE
T.J BATES SURVEY, ABSTRACT NO 206, DENTON COUNTY, TEXAS (ANNEXATION
CASE NO A-98-001)
It is recommended that the City Council
Find that the inclusion of 148.337 acres of land out of the Allen Henderson Survey, Abstract No
596, the P K. Matthews Survey, Abstract No 865, the G Shamblin Survey, Abstract No 1101, and
the T.J Bates Survey, Abstract No 206, Denton County, Texas, into the corporate limits of the City
of Fort Worth will cause the unincorporated area 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 area 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 March 24, 1998 (M&C PZ-2034), 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 April 7, 1998 and April 21, 1998 The adoption of the attached ordinance
completes the annexation process.
The annexation of the subject 148.337 acre tract will cause an unincorporated area to be entirely
surrounded by the corporate boundaries of the City of Fort Worth and will not include the
unincorporated area within the City 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 is of the opinion that surrounding the above
referenced unincorporated area is in the public interest. The Development Review Committee (DRC)
recommended approval of the annexation on March 19, 1998 The City Plan Commission
recommended approval of the annexation on March 25, 1998
City of Fort Worth, Texas
M,'Ayar and Council CammunicAt~on
DATE
5/12/98 REFERENCE NUMBER
PZ-2039 LOG NAME
0698001 PAGE
2 of 2
SUBJECT ORDINANCE ANNEXING 148.377 ACRES OF LAND OUT OF THE ALLEN
HENDERSON SURVEY, ABSTRACT NO 596, THE P K. MATTHEWS SURVEY,
ABSTRACT NO 865, THE G SHAMBLIN SURVEY, ABSTRACT NO 1101, AND THE
T J BATES SURVEY, ABSTRACT NO 206, DENTON COUNTY, TEXAS (ANNEXATION
CASE NO A-98-001) '
LOCATION
The subject property is located at the northeast corner of Elizabethtown Cemetery Road and Litsey
Road and includes 5,243 linear feet of street right-of-way dedicated for Elizabethtown Cemetery Road
that is situated south of Litsey Road If annexed, the subject property would become a part of COUNCIL
DISTRICT 2.
MG m
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
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Mike Groomer 6140 jj
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Originating Department Head:
MAY g2 1998
Ann Kovich 8901 (from)
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Additional Information Contact:
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Ann Kovich 8901
8cio~ted ~~na~ 1~0. ~;~~,~5