HomeMy WebLinkAboutOrdinance 12672ORDINANCE NO ,f ~ C~ /~
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
130 38 ACRES (0 204 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, on the 8th day of August 1996, which date was not more
than forty (40) days nor less than twenty (20) days prior to
institution of annexation proceedings; and
WHEREAS, a second public hearing before the City Council of
the City of Fort Worth, Texas, wherein all interested persons were
provided an opportunity to be heard on the proposed annexation of
the territory hereinafter described, was held in the City Council
Chambers in the Municipal Office Building of Fort Worth, Texas, on
the 20th day of August 1996, which date was not more than forty
(40) days nor less than twenty (20) days prior to the institution
of annexation proceedings; and 96004 ord
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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 July 1996, which date was not more than twenty (20)
days nor less than ten (10) days prior to the date of said such
public hearing; and
WHEREAS, notice of the second such public hearing was
published in a newspaper having general circulation in the City of
Fort Worth, Texas, and in the hereinafter described territory on
the 9th day of August 1996, 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
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WHEREAS, the population of the City of Fort Worth, Texas, is
in excess of 100,000 inhabitants; and
WHEREAS, the hereinafter described territory lies within the
exclusive extraterritorial jurisdiction of the City of Fort Worth,
Texas, and
WHEREAS, the hereinafter described territory lies adjacent to
and adjoins the City of Fort Worth, Texas; and
-2-
WHEREAS, the 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 130 38
acres (0 204 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 the T J Bates Survey, Abstract
No 206, Denton County, Texas, and being a portion of that 165 5
acre tract of land described by deed to Frederick Brodsky and
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J.
recorded in Volume 1648, Page .842, Denton County Deed Records, said '
tract being more particularly described by metes and bounds as
follows
BEGINNING at the northeast corner of the said Bates Survey and
the said 165 5 acre tract;
THENCE S00°05'27"W, 2571 51 feet along the east line of said
Bates Survey and said 165 5 acre tract, generally along the
center of a County Road, to the southeast corner of said 165 5
acre tract;
THENCE N89°39'44"W, 2674 07 feet along the south line of said
165 5 acre tract in the southerly part of a County Road;
THENCE N00°13'50"W, 13 34 feet;
THENCE N89°31'48"W, 49 99 feet along the south line of said
165 5 acre tract and generally along the center of a County
Road;
THENCE N00°28'15"E, departing said south line and said County
Road, 209 92 feet to the beginning of a curve to the right;
THENCE 453 85 feet along the arc of said curve to the right,
through a central angle of 28°03'15", having a radius of
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926 91 feet, the long chord of which bears N14°29'53"E, 449 33 ,
feet;
THENCE N28°31'30"E, 1418 20 feet to the beginning of a curve
to the right;
.F.
THENCE 528 80 feet along the arc of said curve to the right,
through a central angle of 61°49'58", having a radius of
490 00 feet, the long chord of which bears N59°26'30"E, 503 51
feet;
THENCE S89°38'30"E, 4 05 feet;
THENCE N09°48'30"E, 410 00 feet to the north line of said
165 5 acre tract,
THENCE S89°3 8'27"E, 1429 24 feet along the north line of said
165 5 acre tract to the POINT OF BEGINNING and containing
130 380 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
-5-
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
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
-6-
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,
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
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APPROVED AS TO FORM AND LEGALITY
Ma Cella Olson, Assistant City Attorney
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ADOPTED `'/ ~~ /y `~`-`/ ~~
EFFECTIVE
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EXHIBIT A~' ~ :_°~~=~_~~~~~'~~~:~::~::
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CORPORATE BOUNDARY CHANGE - CITY OF FORT WORTH -
~PRO~ECT VOL. ANNEXATIION. 130.38 ACRES-ALLIANCE CENTER AUGUST 8, 1996
1ST PUBLIC HEARING
FILE NO A-96-004 PLAT NO
I 2ND PUBLIC HEARING AUGLIST.20, 19AFi
I CURRENT INCORPORATED AREA ~ oATE of ADOPTION
130.38 ~e\~~\~ ORDINANCE NO
ACRES TO BE ANNEXED ~~~~\\\\\y
PREVIOUS INCORP AREA 296 152 SO MI
N/A ACRES TO BE DISANNEXED N/A
NEW INCORP AREA SD MI
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EXHIBIT A
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L=528 80'
T=293 45'
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1 300 38 ACRES
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R=926 91'
L=453 85'
T=231 57'
L C = N 1 4° 29' 53" E
449 33'
N00° 28' 1 5" E
_L ~/ 209 92'
_ N00° 1 3' S0" W
THIS EXHIBIT IS FOR ANNEXATION PURPOSES ONLY
AND DOES NOT REPRESENT AN ON THE GROUND SURVEY
8Y CARTER & BURGESS INC.
~- 1 3 34' N89° 39' 44" W 2674 07'
ELIZABETH TOWN CEMETERY ROAD
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DATE 5/ 30/ 96 SHT NO
C~~ ~~ p s~ AN N EXAT I O N
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CARTER & BURGESS, INC.
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~°~~`" °~ ~' ~"'~" EXHIBIT
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EXHIBIT x
CITY OF FORT WORTH. TEXAS
SERVICE PLAN FOR ANNEXED AREA
Name: T. J. Bates Survey, Abstract No. 206 (Alliance Center)
Location and Acreage Annexed: Situated North of Elizabeth Town Cemetery Road and
East of Interstate 35W. 130.38 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 P anning 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 Transportation and Public Works
(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 Worths 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
(5) Street lights installed on improved public streets shall be
maintained by the City of Fort Worth in accordance with
current City policies Other street lighting shall not be
maintained by the City of Fort Worth
H Water Services
(1) Connection to existing City water mains for domestic water
service to serve residential, commercial,°.and industrial use
within this property will be provided in accordance with
existing City ordinances and policies Upon connection to
existing mains, water will be provided at rates established by
City ordinances for such service at the normal rates charged
throughout the City
(2) As development and construction of subdivisions commence
within this property, water mains of the City will be extended
by the property owner in accordance with provisions of the
Subdivision Ordinance and other applicable policies,
ordinances, and regulations City participation in the costs
of these extensions shall be in accordance with applicable
City policies, ordinances, and regulations Such extensions
will commence within four and one-half (4-1/2} years from the
effective date of the annexation ordinance, and/or upon
commencement of development of a subdivision within this
property, whichever occurs later
I Sanitary Sewer Services
(1) Connections to existing City sanitary sewer mains for sanitary
sewage service in this area will be provided in accordance
with existing City ordinances and policies Upon connection,
to existing sanitary sewer mains, sanitary sewage service will
be provided at rates established by City ordinances for such
service at the normal rates charged throughout the City
4
(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
Mayor and Council Communication
DATE RSFSRSNCS NUMBSR LOG NAME PAGE
09/10/96 L-11816 06A96004 1 of 2
SIIBJSCT ANNEXATION CASE NO A-96-004 VOLUNTARY ANNEXATION OF 130 38 ACRES
OF LAND OUT OF THE T.J BATES SURVEY, ABSTRACT NO 206, DENTON
COUNTY, TEXAS
RECOMMENDATION
It is recommended that
1) The City Council find that the inclusion of 130 38 acres of land out of 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) The City Council 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 23, 1996, the City Council approved the timetable for annexing the above referenced
property into the Fort Worth city limits (M&C G-11532) Public hearings concerning this request
were held as required by state law on August 8, 1996 and August 20, 1996 The adoption of
the attached Ordinance completes the annexation process
The annexation of the subject 130 38 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
(DRC) recommended approval of the annexation on July 18, 1996 The City Plan Commission
recommended approval of the annexation on July 24, 1996
+~ Printed on Recycled Paper
City of Fort Wordy Texas
Mayor and Council Communication
DATE
09/10/96 REFERENCE NUMSSR
L-11816 LOG NAME
06A96004 PAGE
2 of 2
SIIBJECT ANNEXATION CASE NO A=96-004 VOLUNTARY ANNEXATION OF 130 38 ACRES
OF LAND OUT OF THE T J BATES SURVEY, ABSTRACT NO 206, DENTON
COUNTY, TEXAS
LOCATION
The subject property is situated north of Elizabeth Town Cemetery Road and east of Interstate
35W If annexed, the subject property will become a part of CITY COUNCIL DISTRICT 2
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 ~}~/
Originating Department Head: vt 1 '
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Ann Kovich 8901 (from)
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For Additional Information
Contact:
Ann Kovich 8901
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Printed on Recyded Paper