HomeMy WebLinkAboutOrdinance 13577ORDINANCE NO 13 5 ~ ~
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
2 850 ACRES (0 004 SQUARE MILES) OF LAND, MORE OR LESS,
OUT OF THE H ANDERSON SURVEY, ABSTRACT NO 25, 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 City Council
Chambers in the Municipal Office Building of Fort Worth, Texas, on
the 11th day of August 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 25th day of August 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
31st day of July 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 14th day of August 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
-2-
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
WHEREAS, the hereinafter described territory contains 2 850
acres (0 004 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 portion of the H Anderson Survey, Abstract No 25,
Denton County, Texas, and being a portion of that certain
tract deeded to FW Sports Authority, Inc as recorded in
-3-
document No 96-R0088963 of the Deed Records of Denton
County, Texas, described by metes and bounds as follows
BEGINNING at a point of intersection with the existing ETJ
of Northlake and a northerly boundary line of a Tract of
land deeded to FW Sports Authority, Inc as recorded in
document No 96-R0088963 of the Deed Records of Denton
County, Texas, said point being North 63 degrees 18 minutes
02 seconds East and a distance of 3033 6 feet from the
Northeast corner of a tract of land deeded to A P & Lulu
Peterson in a deed recorded in Volume 177 Page 51 of the
Denton County Deed Records
THENCE North 63 degrees 18 minutes 02 seconds East a
distance of 168 20 feet to a 5/8 inch Huitt-Zollars capped
steel rod found for the point of curvature for a curve
having a radius of 900 00 feet a central angle of 62 degrees
39 minutes 43 seconds and a chord bearing South 85 degrees
22 minutes 07 seconds East,
THENCE along said curve an arc distance of 984 29 feet to a
point for corner located on the existing city limit line of
the City of Fort Worth as established by Ordinance No
12313,
-4-
THENCE (along said city limit line) West 1083 18 feet to the
POINT OF BEGINNING and containing 2 850 acres, 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 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
-5-
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
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
-6-
APPROVED AS TO FORM AND LEGALITY
4
William W Wood, Deputy City Attorney
DATE ~,`~5-~0
ADOPTED ~ ` ~5 ^~~
~ -~ ` ~
EFFECTIVE ~~
-7-
PROJECT VOL. ANNEXATION - MOST NORTHERN TMS RING RD
=ILE NO A-97-015 PLAT NO
CURRENT INCORPORATED AREA ~i~~~~~~~~~
1ST PUBLIC HEARING
2ND PUBLIC HEARING
GATE OF ADOPTION
ORDINANCE NO
Aug. 11, 1998
Aug. 25, 1998
~€Rt i~= 1998
2.85 ACRES TO BE ANNEXED
~/'~ ACRES TO BE DISANNEXED ~/L\
PREVIOUS I•NCORP AREA SO MI
NEw INCORP AREA
Sp MI
EXHIBIT A
Page 2 (Page 2 of 2)
)1
0 900 1800 3600
SCALE IN FEET
EXHIBIT x
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Name THE H ANDERSON SURVEY, ABSTRACT NO. 25
Location and Acreage Annexed: SITUATED WEST OF INTERSTATE HIGHWAY 35W, EAST OF
F.M.-156 AND NORTH OF STATE HIGHWAY 114.-
2 85 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 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 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
(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
2 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
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
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'Ayor And Council CammunicAtion
Date Reference Number Log Name Page
9/15/98 PZ-2060 06ACRES 1 of 1
Subject ORDINANCE ANNEXING 2 85 ACRES OF LAND OUT OF THE H ANDERSON
SURVEY, ABSTRACT NO 25, DENTON COUNTY, TEXAS (ANNEXATION CASE NO A-
97-015)
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 July 28, 1998, the City Council approved the timetable for annexing the above referenced property
into the Fort Worth city limits (M&C PZ-2053) Public hearings concerning this request were held as
required by state law on August 11 and 25, 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 west of Interstate Highway 35W, east of F M 156 and
north of State Highway 114 If annexed, the subject property would become a part of COUNCIL
DISTRICT 2.
MG.j
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to) ;' ~~ ~ ~
~~~~ ~~~~~~~
Mike Groomer 6140
Originating Department Head: ~Ia~ ~ 5 .I99~
Ann Kovich 8901 (from} ~
~~)
~
~,~ J
Ci
Additional Information Contact: ty Socreqtga~sq of tt~$
~iity OT 1~Ort YtlQTth, 7iexa$
Ann Kovich 8901
,, ..,