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HomeMy WebLinkAboutOrdinance 12311 ORDINANCE NO /~~ /~ 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 312 ACRES (0 488 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; 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 3rd day of October 1995, 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 17th day of October 1995, 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 M \DEPTS\06\22004 FRM I Worth, Texas, and in the hereinafter described territory on the 22nd day of September 1995, which date was not more than twenty (2 0 ) 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 6th day of October 1995, 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 WHEREAS, the hereinafter described territory contains 312 ACRES (0 488 SQUARE MILES) of land, more or less; NOW, THEREFORE, BE. IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS M \DEPTS\06\22004 FRM -2- 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 having a minimum width of one thousand feet and being situated in the R Daniel Survey , Abstract No 362; the R Matany Survey, Abstract No 878; the P M Smith Survey, Abstract No 1170; the G Shamblin Survey Abstract No 1191, the A M Feltus Survey , Abstract No 1464 and the C Sutton Survey, Abstract No 1561 All of the above land is situated in Denton County, Texas and being more particularly described by the following metes and bounds BEGINNING at a point of intersection of the present North City Limits Line of the City of Fort Worth Per Ordinance No 10357 adopted in July of 1989 and the East Right-of-Way line of the Santa Fe Railroad being located within the confines of the P M Smith Survey, Abstract No 1170, Denton M \DEPTS\06\22004 FRM ~ -3- County, Texas THENCE North 23 degrees 17 minutes 25 seconds East along the Easterly Right-of-Way of the above mentioned railroad a distance of 1438 feet, more or less to the point of curvature for a curve to the left, said curve having a Radius of 5779 6 feet and a central angle of 10 degrees 42 minutes , THENCE Northeasterly along the railroad right-of way an Arc distance of 1070 0 feet to the Point of Tangency, said point being a change in direction of the railroad Right-of- Way, THENCE continuing along the Easterly Right-of-Way of said railroad North 12 degrees 35 minutes 25 seconds East a distance of 585 7 feet more or less ,to a point for a corner, said point being the change in width and direction of the railroad Right-of-Way; THENCE South 76 degrees 24 minutes 35 seconds East along the railroad right-of way a distance of 25 0 feet to a point for a corner, said point being the endpoint for a change in width and direction of the railroad Right-of-Way; M \DEPTS\06\22004 FRM -4- THENCE continuing along the Easterly Right-of-Way of said railroad North 12 degrees 35 minutes 25 seconds East a distance of 288.3 feet, more or less, to a point for a corner,'said point being a change in width and direction of the railroad Right-of-Way; THENCE South 88 degrees 08 minutes 00 seconds East along the railroad right-of way a distance of 27.& feet to a point for a corner, said point being the endpoint for a change in width and direction of the railroad Right-of-Way; THENCE continuing along the Easterly Railroad Right-of-Way North 12 degrees 30 minutes 24 seconds East a distance of 1160 feet more or less, to the Southerly Right-of-Way of State Highway 114 said point being the Point of Intersection of the Railroad and State Highway 114 Right-of-Ways, said point also being at State Highway 114 centerline station 2205 + 87 and 50 feet South of the centerline of State Highway 114 Right-of-Way; THENCE South 67 degrees 25 minutes 36 seconds East along the Southerly Right-of-Way of State Highway 114 a distance of 1618 2 feet, more or less, to the Point of Curvature for a curve to the left, said curve having a Radius of 2914.78 feet and a central angle of 23 degrees 04 minutes; M \DEPTS\06\22004 FRM -5- THENCE continuing along the Southerly Right-of-Way of State Highway 114 an Arc distance of 1173 5 feet to the Point of Tangency, said point being at station 2181 + 99 9 and 50 feet South of the centerline of State Highway 114 Right-of- Way; THENCE North 89 degrees 30 minutes 24 seconds East along and parallel with the Southerly Right-of-Way of State Highway 114 a distance of 6888 feet, more or less to a point for a corner, said point being located within the confines of the G Shamblin Survey, Abstract No 1191, Denton County, Texas, THENCE North departing the Southerly Right-of -Way of State Highway 114 a distance of 100 feet, more or less, to a point for corner, to the present Northerly Right-of -Way of State Highway 114, said point being situated in the J Arnold Survey, Abstract No 1659, Denton County, Texas, THENCE North 89 degrees 30 minutes 24 seconds East along and parallel with the Northerly Right-of-Way of State Highway 114 a distance of 500 feet, more or less, to a point for a corner, said point being the Northerly most Easterly terminus of aforesaid 1000 foot annexation strip saturated within in J. Arnold Survey, Abstract No 1659, Denton County, Texas; M \DEPTS\06\22004 FRM -6- THENCE South departing the Northerly Right-of -Way of State Highway 114 a distance of 1100 feet, more or less, to the present Northwesterly Right-of -Way of Interstate Highway No I-35W, to a point for a corner, said point being the Point of Intersection of a parallel line 1000 feet South of the Southerly Right-of-Way of State Highway 114 and the Northwesterly Right-of-Way of Interstate Highway No I-35W said point of intersection being situated in the G Shamblin Survey, Abstract No .1191, Denton County, Texas; THENCE South 89 degrees 30 minutes 24 seconds West along said parallel line 1000 feet South of and perpendicular to the Southerly Right-of-Way of State Highway 114 a distance of 7490 1 feet, more or less to the Point of Curvature for a curve to the right, said curve having a Radius of 3914 78 feet and a central angle of 23 degrees 04 minutes ; said Point of Curvature being situated in the A M Feltus Survey , Abstract No 1464 ; THENCE Northwesterly along the curve to the right, an Arc distance of 1576 0 feet to the Point of Tangency, said point being situated in the R. Matany Survey, Abstract No 878; M \DEPTS\06\22004 FRM -7- THENCE North 67 degrees 25 minutes 36 seconds West with said parallel line ,1000 feet South of and perpendicular to the Southerly Right-of-Way of State Highway 114 a distance of 452 2 feet, more or less, to a point for a corner ,said point being the Point of Intersection of a parallel line 1000 feet South of ,and perpendicular to, the Southerly Right-of-Way of State Highway 114 and a parallel line 1000 feet East of and perpendicular to the Easterly Right-of-Way of the Santa Fe Railroad ; THENCE continuing with said parallel line, 1000 feet East of and perpendicular to the Easterly Railroad Right-of- Way South 12 degrees 35 minutes 25 seconds West a distance of 268 2 feet more or less, to a point for a corner; THENCE North 76 degrees 24 minutes 36 seconds West a distance of 25 feet more or less, to a point for a corner; THENCE continuing along the aforesaid parallel line and perpendicular to the Easterly Right-of-Way of said railroad South 12 degrees 35 minutes 25 seconds West a distance of 585 7 feet, more or less, to the Point of Curvature for a curve to the right, said curve having a Radius of 6779 6 feet and a central angle of 10 degrees 42 minutes, said M \DEPTS\06\22004 FRM -8- point being situated in the R Matany Survey, Abstract No 878; THENCE continuing along said parallel line and concentric with the Easterly Right-of -Way of the Santa Fe Railroad for an Arc distance of 1266 1 feet to the Point of Tangency, said point being situated in the A Feltus Survey, Abstract No 1464; THENCE South 22 degrees 52 minutes 44 seconds West parallel to and 1000 feet perpendicular with the Easterly Right-of -Way of the Santa Fe Railroad for a distance of 1022 8 feet to a point for a corner, said point being the intersection of the present North City Limits Line of the City of Fort Worth Per Ordinance No 10357 and a parallel line 1000 0 feet perpendicular with the Santa Fe Railroad's Easterly Right-of -Way Line; THENCE North 89 degrees O1 minutes 28 seconds West along the present North City Limits Line of the City of Fort Worth a distance of 1089 6 feet to the POINT OF BEGINNING and containing 312 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 M \DEPTS\06\22004 FRM -9- reference of 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 Fart 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 M \DEPTS\06\22004 FRM -10- 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 APPROVED AS TO FORM AND LEGALITY ~~ illiam W Wood, Deputy City Attorney ~° DATE /~~- / ' q~ ADOPTED ,~oC ~/ ~ ~~~ EFFECTIVE M \DEPTS\06\22004 FRM -11- --_. _ m ~ -- ~ ' ~ ~ \. ~_ ~ r ~ --~ ~ ' J~ , ~ ( I ~ ~ ~~ 1 ~ ~ ~ IM ! ~ ~ ~ - 1 ~ 1~ '~i - - ~ ~ - -~ - - _., ! - E ~ r.- + ~ ~ ~ - '.~ + - - ~ ., i _ - _- :. ,:.. . • ' .~--. .w ~ .. .. .I f ! F, ~ . ~ .. .r - ` ASLET ~ S ! ~=~~ i ~ •' i ISCALE. 1'~ 4500' ~ ~ •~ ~ .. . .... ......... . CORPORATE 80UNOAAY CHANGE - CITY OF FORT NORTH PROJECT City of Fort Worth - Tnvol Annexation (1000' St . ep) OCTOBER 3 1995 , 1ST PUBLIC HEARING FILE NO A-95-O1 PLAT NO OCTOBER 17 1995 , 2N0 PUBLIC NEARING CURRENT INCORPORATED AREA ~~ GATE OF ADOPTION 312 ACRES TO BE ANNEXED ORDINANCE NO ® PREVIOUS INCORP AREA 294, 390 so HI ACRES TO 8E DISANNEXED D t1I NEN INCOAP AREA S ~~ Exhibit "A" ~~ EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNE$ED AREA Name R Daniel Survey, Abstract No 362; R Matany Survey, Abstract No 878; P M Smith Survey, Abstract No 1170; G Shamblin Survey, Abstract No 1191; A M Feltus Survey, Abstract No 1464; C Sutton Survey, Abstract No 1561 Location and Acreage Annexed East of F M -156 and South of S H -114, 312 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 Emer4ency 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 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) A11 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 the same level of environmental health and code enforcement services as are furnished throughout the City D Planninct 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 2 4 --. ,t 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 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 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 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 ~ "~ (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 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 4 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 n~! 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