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HomeMy WebLinkAboutOrdinance 13578ORDINANCE NO 1 ~ S'J. 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 194 167 ACRES (0 303 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 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 -2- 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 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 194 167 acres (0 303 square miles) of land, more or less, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS -3- 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 that certain lot, tract or parcel of land situated in the John Korticky Survey, Abstract No 914, Tarrant County, Texas, and being all of that certain called 61 25 acre tract of land conveyed to Dee S Finley, Jr Trustee, according to the Warranty Deed executed the 13`h day of December, 1975, and filed for record in Volume 5907, Page 541, Deed Records, Tarrant County, Texas, and being all of that certain tract of land conveyed to John Q Melcher, according to the Warranty Deed executed the 13t'' day of January, 1986 and filed for record in Volume 8439, page 1521, Deed Records, Tarrant County, Texas, and also being a portion of that certain called -4- 10 18 acre tract of land conveyed to Texas Electric Service Company, according to the Warranty Deed executed the 29t'' day of May, 1961, and filed for record in Volume 3564, Page 577, Deed Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows BEGINNING at a square nail found for the most easterly northeast corner of said John Korticky Survey and on the south line of the R J Ware Survey, Abstract No 2008, Tarrant County, Texas, said nail also being the most easterly northeast corner of said John Q Melcher tract, THENCE South 00 degrees 28 minutes 40 seconds East (South per deed), along the most easterly east line of said Melcher tract and along the centerline of West Cleburne Road (County Road No 1035), a distance of 693 30 feet (691 67 feet per deed), to a 3/8 inch iron rod set in said road for the southeast corner of said Melcher tract, said iron rod being the northeast corner of said 10 18 acre tract conveyed to Texas Electric Service Company (hereinafter referred to as T E S Co ), -5- THENCE South 89 degrees 20 minutes 00 seconds West (Directional Control Line), along the north line of said T E S Co tract and the south line of said John Q Melcher tract, at 23 74 feet passing a T E S Co. monument on the west line of said West Cleburne Road, and continuing in all a distance of 1684 33 feet to a 7/8 inch iron rod set for a corner, said iron rod being at the intersection of the north line of said T E S Co tract and the northerly prolongation of the most easterly line of the aforesaid 61 25 acre; THENCE South 00 degrees 06 minutes 41 seconds West (South 00 degrees 38 minutes West per deed), along the northerly prolongation of the most easterly line of said 61 25 tract, at a distance of 150 53 feet passing a 1 inch ironlrod found for the northeast corner of said 61 25 acre tract and the northwest corner of a 10 0 acre tract of land conveyed to Dick G Ellis and wife, Katherine L Ellis, according to the deed filed for record in Volume 7517, Page 149, Deed Records, Tarrant County, Texas, and continuing along the most easterly line of said 61 25 acre tract, in all a distance of 1593 79 feet to a 1 inch iron rod found for the most easterly southeast corner of said 61 25 acre tract and being the -6- northeast corner of a 10 26 acre tract of land conveyed to Bobby R Reed and wife, Gladyce F Reed, according to the deed filed for record in Volume 7467, Page 915, Deed Records, Tarrant County, Texas THENCE South 88 degrees 55 minutes 07 seconds West (South 89 degrees 28 minutes 30 seconds West per deed), along the north line of said Bobby R Reed tract, a distance of 400 04 feet (400 feet per deed), to a % inch iron rod found for the northwest corner of said Bobby R Reed tract, THENCE South 00 degrees 13 minutes 53 seconds East (South 00 degrees 18 minutes West per deed), along the west line of said Bobby R Reed tract, at a distance of 1087 36 feet, passing a 60d nail set in a crosstie fence post on the north line of the aforesaid west Cleburne Road, and continuing in all a distance of 1113 02 feet (1112 3 feet per deed), to a 3/8 inch iron rod set on the centerline of said West Cleburne Road; THENCE South 89 degrees 12 minutes 20 seconds West (South 89 degrees 49 minutes 30 seconds West per deed), along the centerline of said West Cleburne Road, a distance of 817 02 -7- feet (816 feet per deed), to a 3/8 inch iron rod set for the Southwest corner of said 61 25 acre tract, THENCE North 00 degrees 29 minutes 59 seconds West (North per deed), along the west line of said 61 25 acre tract, at a distance of 26 56 feet passing a 60d nail set in a crosstie fence post on the north line of said West Cleburne Road, and continuing in all a distance of 2560 44 feet (2558 2 feet per deed) to a 1 inch iron rod found for the northwest corner of said 61 25 acre tract, said iron rod also being on the south line of the aforementioned Texas Electric Service Company 10 18 acre tract, THENCE North 88 degrees 11 minutes 30 seconds West (North 87 degrees 59 minutes 23 seconds West per deed), along the south line of said T E S Co tract, a distance of 30 36 feet (30 00 feet per deed), to a T E S Co monument, said monument being the southwest corner of said T E S Co tract, THENCE North 01 degrees 56 minutes 56 seconds West (North per deed), along the west line of said T E S.Co tract, at a distance of 14 58 feet (14 74 feet per deed), passing a T E S Co monument found for the northeast corner of a -8- 159 464 acre tract conveyed to Trinity/Tarrant Partners, Ltd , according to the Special Warranty Deed filed for record in Volume 11023, Page 1059, Deed Records, Tarrant County, Texas, and continuing in all a distance of 149 66 feet to a T E S Co monument found for the northwest corner of said T E S Co tract and the southwest corner of the aforementioned John Q Melcher tract, said monument also being the southeast corner of a 193 618 acre tract conveyed to said Trinity/Tarrant Partners, Ltd according to the Special Warranty Deed filed for record in Volume 11023, Page 1059, Deed Records, Tarrant County, Texas; THENCE North Ol degrees 39 minutes 19 seconds West (North per deed), along the west line of said John Q Melcher tract and the east line of said Trinity/Tarrant Partners, Ltd 193 618 acre tract, a distance of 2915 79 feet (2930 56 feet per deed), to a 60d nail set in a 6 inch diameter wood fence post, said post being the northwest corner of said John Q Melcher tract and the northeast corner of said 193 618 acre tract, said point also being on the north line of the aforementioned John Korticky Survey, -9- r THENCE North 89 degrees 37 minutes 30 seconds East (East per deed), along the north line of said John Korticky Survey, a distance of 1610 81 feet (1616 67 feet per deed), to a 5j8 inch iron rod found for the northeast corner of said John Korticky Survey and the northeast corner of said John Q Melcher tract; THENCE South 00 degrees 41 minutes 57 seconds East (South per deed), along the east line of said John Korticky Survey and said John Q Melcher tract, a distance of 2229 87 feet (2236 1 feet per deed), to a 1 inch iron rod found for an ell corner in the east line of said John Korticky Survey and said John Q Melcher tract; THENCE North 88 degrees 40 minutes 38 seconds East (East per deed), along the most southerly north line of said John Korticky Survey and said John Q Melcher tract, a distance of 1398 33 feet (1352 78 feet per deed), to the POINT OF BEGINNING and containing 194 167 acres (8,457,915 square feet) of land, more or less -10- 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 territory into the City of Fort Worth will cause an unincorporated area to be entirely surrounded by the corporate boundaries of the City of Fort Worth, that said unincorporated area will not be included within the City of Fort Worth as a result of said annexation, and that the surrounding of said unincorporated area by the City .of Fort Worth is in the public interest -11- 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, -12- 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 i 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 G ordained APPROVED AS TO FORM AND LEGALITY a i William W Wood, Deputy City Attorney p i DATE -f""IS~R$' ADOPTED ~- ~~_~/ 0 EFFECTIVE -13- ®, ~. i( ~O. ~ B~ 4. w M,. EXHIBIT "A" SCALE. i"= 1 Mi CORPORATE BOUNDARY CHANGE - CITY OF FORT (WORTH F'HUJtCI =ILE NO A_98_00~_ PLAT NO PP_gS2_(l~q CURRENT INCORPORATED AREA 194.167 ACRES TO BE ANNEXED N/A ACRES TO BE DISANNEXED N/A 1ST PUBLIC HEARING i 2ND PUBLIC HEARING DATE OF ADOPTION A~_ ll, 1AQg Aug. 25, 1998 Sept. 15, 1998 ORDINANCE NO i PREVIOUS INCORP AREA NEW INCORP AREA SO MI SO MI .a...~.,.„Q, EXHIBIT x CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA. Name THE JOHN KORTICKY SURVEY, ABSTRACT NO 914 Location and Acreage Annexed: NORTHWEST CORNER OF WEST CLEBURNE ROAD AND CLEBURNE CROWLEY ROAD - 194 167 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 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 Plannina 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 2 entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and General Plan E Parks and Communit 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 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 3 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 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 4 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 ~1/~Ayor And- Cauncll C,ammun~cAt~an Date .Reference Number Log Name Page 9/15/98 PZ-2061 06SURVEY 1 of 2 Sub]ect ORDINANCE ANNEXING 194 167 ACRES OF LAND OUT OF THE JOHN KORTICKY SURVEY, ABSTRACT NO 914; TARRANT COUNTY, TEXAS (ANNEXATION CASE NO A-98-003) RECOMMENDATION It is recommended that the City Council 1 Find that the inclusion of 194 167 acres of land out of the John Korticky Survey, Abstract No 914, Tarrant 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. 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-2054) 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 annexation of the subject 194 167 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 recommends that surrounding the above referenced unincorporated area is in the public interest. The Development Review Committee recommended approval of the annexation on July 16, 1998 The City Plan Commission recommended approval of the annexation on July 22, 1998 ~'ity of Fort Forth, Texas M'Ayar and Council CammunicAtian Date 9/15!98 Reference. Number PZ-206.1 Log Name 06SURVEY Page 2 of 2 Subject ORDINANCE ANNEXING 1'94 167 ACRES OF LAND OUT OF THE JOHN KORTICKY SURVEY, ABSTRACT NO 914, TARRANT COUNTY, TEXAS (ANNEXATION CASE NO A-98-003) LOCATION -The subject property is located at the northwest corner of West Cleburne Road and Cleburne Crowley Road If annexed, the subject property would become a part of COUNCIL DISTRICT 6 MG j Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by• (to) Mike Groomer 6140 C ~~~'~~: ` Originating Department Head: * 11~ Ann Kovich 8901 (from) 14<I. \~E'iU L.~ Additional Information Contact: ~ . tJ City Sacxet~ ry cf the Citq of fort ~"orEh, `~'Ek»,tt Ann Kovich 8901 '~S~xQ~Fi1~~ ~~~ ~~~~~: ~~~o ~ S-~ ~