HomeMy WebLinkAboutOrdinance 13235ORDINANCE NO ~ ~ ~v ~~
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
38 85 ACRES (0 061 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 Auditorium of
Eastern Hills Senior High School, Fort Worth, Texas, on the 7th day
of October 1997, 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 21st day of October 1997, which date was not more than forty
(40) days nor less than twenty (20) days prior to the institution
of annexation proceedings, and
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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
26th day of September 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 10th day of October 1997, 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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t
WHEREAS, the hereinafter described territory contains 38 85
acres (0 061 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
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
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN THE G W SHAMBLIN SURVEY ABSTRACT 1191, DENTON
COUNTY, TEXAS AND BEING PART OF A CERTAIN (CALLED) 40 5648
ACRE TRACT DESCRIBED IN A DEED FROM RONALD K UMPHRESS TO DEAN
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SKIDMORE, ON THE 2ND DAY OF JANUARY 1953, AND RECORDED IN
VOLUME 1122, PAGE 5$6, DEED RECORDS OF DENTON COUNTY, TEXAS;
BEGINNING AT AN IRON ROD FOUND IN THE CENTERLINE OF A PUBLIC
ROAD KNOWN AS ELIZABETH CEMETERY ROAD, RUNNING NORTH AND SOUTH
AND IN THE SOUTH LINE OF SAID G W SHAMBLIN SURVEY, THE SAME
ALSO BEING THE SOUTHEAST CORNER OF SAID SKIDMORE TRACT,
THENCE NORTH 89 DEGREES 04 MINUTES 51 SECONDS WEST, WITH THE
SOUTH LINE OF SAID SKIDMORE TRACT AND THE SOUTH LINE OF SAID
SHAMBLIN SURVEY, A DISTANCE OF 1417 15 FEET TO AN IRON ROD
FOUND WITH A YELLOW CAP STAMPED CARTER AND 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 TO JERRY M CULBERTSON, ETAL, RECORDED IN VOLUME
3022, PAGE 222, REAL PROPERTY RECORDS OF SAID COUNTY,
THENCE NORTH 30 DEGREES 55 MINUTES 26 SECONDS EAST ALONG SAID
SOUTHEASTERLY LINE OF INTERSTATE HIGHWAY NO 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 (CALLED)
1 718 ACRE TRACT DESCRIBED IN A DEED TO INDEPENDENT HOLINESS
CHURCH, RECORDED IN VOLUME 2751, PAGE 26, REAL PROPERTY
RECORDS OF SAID COUNTY;
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THENCE SOUTH 84 DEGREES 33 MINUTES 16 SECONDS EAST, WITH THE
SOUTH LINE OF SAID 1 718 ACRE TRACT, A DISTANCE OF 359 49 FEET
TO AN IRON PIN SET AT THE SOUTHEAST CORNER OF SAID 1 718 ACRE
TRACT IN WEST RIGHT OF WAY OF ELIZABETH CEMETERY ROAD,
THENCE SOUTH 00 DEGREES 28 MINUTES 00 SECONDS EAST, WITH THE
WEST LINE OF SAID ROAD, ALONG AND NEAR A FENCE, A DISTANCE OF
461 32 FEET TO AN IRON ROD SET BESIDE A RAILROAD CROSSTIE
FENCE CORNER POST,
THENCE SOUTH 07 DEGREES 25 MINUTES 00 SECONDS WEST, ALONG NEAR
A FENCE AND WITH WEST LINE OF ELIZABETH CEMETERY ROAD, A
DISTANCE OF 313 77 FEET TO AN IRON ROD SET FOR CORNER;
THENCE SOUTH 13 DEGREES 45 MINUTES 00 SECONDS EAST, A DISTANCE
OF 69 55 FEET TO AN IRON PIN SET FOR CORNER,
THENCE SOUTH 02 DEGREES 37 MINUTES 31 SECONDS WEST, ALONG AND
NEAR A FENCE AND SAID ELIZABETH CEMETERY ROAD, A DISTANCE OF
1030 14 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL
38 85 ACRES OF LAND
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
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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
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
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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
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effect from and after the date of its passage, and it is so
ordained
APPROVED AS TO FORM AND LEGALITY
. D'~7/l
William W Wood, Deputy City Attorney
DATE ~~"`a.` 9 7
ADOPTED
EFFECTIVE
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CORPORATE BOUNDARY CHANGE - CITY OF FORT WORTH
PROJECT VOLUNTARY -35W
ANNEXATION - I H at Elizabeth To n
. b 1997
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1ST PUBLIC HEARING Octo ,
=ILE NO A-97-009 PLAT NO
October
2ND PUBLIC HEARING 21, 1997
CURRENT INCORPORATED AREA ~~`^'
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DATE OF ADOPTI
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38 85
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PREVIOUS INCORP AREA SO MI
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EXHIBIT A '(1 of 3)
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CITY OF FORT WORTH E T J
1417.15'
CITY OF FORT WORTH CITY LIMITS
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BEG/NNING
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nvivawAY Assoc~•r~s nvc ~
Engineers landscape Architects Planners s~rveyora ~ THIS EXHIBIT IS FOR ANNEXATION PURPOSES ONLY
w~ ca,~~s lla""`~ elij .z9`~r~ ~ic,E"~ ~1 u, AND DOES NOT REPRESENT AN ON THE GROUND SURVEY
BY DUNAWAY ASSOCIATES, INC.
I ANNEXATION EXHIBIT
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: SITUATED NORTH OF ELIZABETH TOWN CEMETARY ROAD
AND EAST OF I H.-35W - 38 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) Capital improvements such as parkland acquisition and
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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 Drainaae and Street Liahts
(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
3
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 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 (4-1/2) years from the
4
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 CommunicAt~on
DATE
11 /11 /97 F2EFERENCE NUMBER
PZ-1998 LOG NAME
06A97009 PAGE
1 of 1
SUBJECT ORDINANCE ANNEXING 38.85 ACRES OF LAND OUT OF THE G W SHAMBLIN
SURVEY, ABSTRACT NO 1191, DENTON COUNTY, TEXAS (ANNEXATION CASE NO
A-97-009)
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 September 23, 1997, the City Council approved the timetable for annexing the above referenced
property into the Fort Worth city limits (M&C PZ-1983) Public hearings concerning this request were
held as required by state law on October 7 and 21, 1997 The adoption of the attached Ordinance
completes the annexation process. The City Plan Commission recommended approval of this
annexation on September 24, 1997
LOCATION
The subject property is situated north of Elizabeth Town Cemetary Road and east of I H -35W
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (tO) ROVED
APP
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Mike Groomer 6140 1a/!T l *'~
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Originating Department Head:
NOV 11 X997
Ann Kovich 8901 (from) .
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Additional Information Contact: ~~~
Gilg/ Of £rzt`31Y~
Ann. Kovich 8901
Ad~pt~d dfGi4l:~IiCi' ~~. / 3~ 35