HomeMy WebLinkAboutOrdinance 12313ORDINANCE NO d /
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
568 41 ACRES (0 888 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
Worth, Texas, and in the hereinafter described territory on the
22nd day of September 1995, 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 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 568 41
acres (0 888 square miles) of land, more or less;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS
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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 and being all of the C HAYDEN SURVEY,
Abstract No 1662, and the N PETERSON SURVEY, Abstract No
1665, and being portions of the G CARDINAS SURVEY, Abstract
No 215, the H ANDERSON SURVEY, Abstract No 25, the J SMITH
SURVEY Abstract No 1149, the L E OLSON SURVEY, Abstract No
1663, and the J ARNOLD SURVEY Abstract No 1659 all in Denton
County, Texas and being all that certain tract designated as
Tract VI, and parts of Tracts 1, IV, and V, as described in
deed to Hillwood/114 & I35 Ltd recorded in Volume 2470 Page
696, Deed Records of Denton County, Texas and more
particularly described by metes and bounds as follows
BEGINNING at a 7/8 inch steel rod at the base of a leaning 7/8
inch steel rod, the Northeast corner of said Peterson Survey,
and a reentrant corner of said Olson Survey, also being an
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f
angle point in a North line of said Tract 1
THENCE South 89 degrees 04 minutes 03 seconds East, and
passing the Southwest Corner of the A M Gualtney Survey,
Abstract No 500, which is the Southwest corner of that
certain First Tract deeded to Herman Mitchell by deed recorded
in Volume 357 Page 214, Deed Records of Denton County, Texas
and continuing with the South line of said Gualtney Survey and
said Mitchell Tract and with a North line of said Olson
Survey, a distance of 952 76 feet,
THENCE South 37 degrees 57 minutes 42 seconds West, a distance
of 1296 15 feet to the beginning of a curve to the left whose
radius is 2640 0 and whose chord bears South 04 degrees 51
minutes 22 seconds West, 2883 84 feet;
THENCE in a Southerly direction with said curve through a
central angle of 66 degrees 12 minutes 39 seconds an arc
distance of 3050 77 feet to the North line of State Highway
No 114
THENCE North 89 degrees 12 minutes 43 seconds West, with the
North line of Highway No 114, a distance of 621 95 feet to a
5/8 inch capped Huitt-Zollars capped steel rod, the Southwest
corner of before mentioned Tract IV, in the West line of said
J Arnold Survey and the East line of the A G Peterson Survey
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Abstract No 1664
THENCE North 00 degrees 00 minutes 44 seconds East, with the
common line between said Surveys a distance of 1388 16 feet to
a 7/8 steel rod, the Northeast corner of said A G Peterson
Survey, and the most southerly Southeast corner of before
mentioned Tract 1
THENCE North 89 degrees 11 minutes 25 seconds West, with the
common line between said Peterson Surveys, a distance of
2458 80 feet to a 7/8 inch steel rod the Southwest corner of
said N Peterson Survey, the Northwest corner of said A G
Peterson survey in an East line of the before mentioned Smith
Survey, and Southwest corner of said Tract 1
THENCE North 00 degrees 33 minutes 21 seconds East, generally
with a wire fence, a distance of 824 34 feet to a 7/8 inch
steel rod at the base of a steel fence post, a reentrant
corner of said Tract 1
THENCE North 89 degrees 13 minutes 39 seconds West, generally
with a wire fence, a distance of 1064 23 feet to a 7/8 inch
steel rod at the base of a steel fence post, a Southwest
corner of said Tract 1
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THENCE North 00 degrees 20 minutes 44 seconds East, generally
with a wire fence, a distance of 1083 48 feet to a 7/8 inch
steel rod 0 6 feet North of an old wood fence corner, a
reentrant corner of said Tract 1
THENCE North 89 degrees 21 minutes 10 seconds West, generally
with a wire fence, a distance of 606 04 feet to a 7/8 inch
steel rod 0 5 feet ,North of a steel fence corner, a southwest
corner of said Tract 1
THENCE North 00 degrees 08 minutes 14 seconds East, generally
with a wire fence, at a distance of 1193 feet an old wood
fence corner bears east 2 feet, in all a distance of 2583 17
feet to a 7/8 inch steel rod at the East base of an old wood
fence corner, a reentrant corner of said Tract 1
THENCE North 63 degrees 18 minutes 02 seconds East, a distance
of 2738 12 feet
THENCE South 88 degrees 53 minutes 00 seconds East a distance
of 1518 61 feet to a point in a curve to the right whose
radius is 900 00 feet and whose chord bears South 34 degrees
34 minutes 53 seconds East, 137 91 feet
THENCE in a Southeasterly direction with said curve through a
central angle of 08 degrees 47 minutes 19 seconds, an arc
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distance of 138 05 feet to a 5/8 inch Huitt-Zollars capped
steel rod at the beginning of a curve to the left whose radius
is 900 00 feet and whose chord bears South 59 degrees 52
minutes 40 seconds East, 891 58 feet
THENCE in a Easterly direction with said curve through a
central angle of 59 degrees 22 minutes 54 seconds, an arc
distance of 932 77 .feet to a 5/8 inch Huitt-Zollars capped
steel rod at the South base of an old wood fence corner in the
North line of the before mentioned Hayden Survey and the South
line of said H Anderson survey
THENCE South 89 degrees 34 minutes 07 seconds East, with said
Survey line, and generally with an old wire fence, a distance
of 75 19 feet to an old wood fence corner, the Northeast
corner of said Hayden Survey, the Northwest corner of said
Gualtney Survey in the South line of said Anderson Survey
THENCE South 00 degrees 08 minutes seconds East, passing the
Northwest corner of Country Lane Subdivision, a Subdivision to
Denton County, recorded in Cabinet D, Page 342 in the Plat
Records of Denton County, Texas, and continuing with its West
line, generally with a wire fence, in all a distance of
1350 43 feet to a wood fence corner, a reentrant corner of
said Subdivision
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THENCE with the West lines of said Subdivision, the following
courses and distances
North 89 degrees 16 minutes 06 seconds West, a distance
of 15 20 feet to a 5/8 inch Huitt-Zollars capped steel
rod 1 foot North of a railroad tie fence corner South
00 degrees 51 minutes 20 seconds West, a distance of
384 90 feet to a 1/2 inch steel rod 17 feet east of a
wire fence
South 16 degrees 39 minutes 07 seconds West, a distance
of 61 O1 fee to a 5/8 inch Huitt-Zollars capped steel rod
2 5 feet North and 3 feet East of a fence corner
South O1 degrees 17 minutes 52 seconds West, a distance
of 322 79 feet to a 5/8 inch Huitt-Zollars capped steel
rod 3 feet East and 9 feet South of a fence corner
North 89 degrees 10 minutes 35 seconds West, a distance
of 64 04 feet to a 5/8 inch Huitt-Zollars capped steel
rod 7 feet South and 2 feet East of a fence corner
South 01 degrees 27 minutes 49 seconds West, a distance
of 296 71 feet to a 1/2 inch steel rod 2 5 feet East of
a fence
South 35 degrees 50 minutes 58 seconds West, a distance
of 73 00 feet to a 1/2 inch steel rod 4 4 feet Northeast
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of a f ence corner
South 88 degrees 56 minutes 40 seconds East, with the
South line of Country Lane Circle (a 60 foot wide public
right-of-way), a distance of 93 90 feet to a 1/2 inch
steel rod
South 15 degrees 02 minutes 59 seconds West, 205 20 feet
to a 5/8 inch Huitt-Zollars capped steel rod 5 feet east
of a fence, said iron lying in the North line of said N
Peterson Survey and a South line of said L E Olson
Survey
THENCE leaving the West lines of Country Lane Subdivision,
South 89 degrees OO.minutes OO seconds East, with the common
line between said Peterson and Olson Surveys, and with a North
line of said Tract 1, a distance of 45 55 feet to the POINT OF
BEGINNING and embracing 568 41 acres of land
SECTION 2
That the above described territory is shown on Map Exhibit "A"
which is attached hereto and expressly incorporated herein by
reference of the purpose of illustrating and depicting the location
of the hereinabove described territory
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SECTION 3
That the above described territory hereby annexed shall be
part of the City of Fort Worth, Texas, and the property so added
hereby shall bear its pro rata part of the taxes levied by the City
of Fort Worth, Texas, and the inhabitants thereof shall be entitled
to all of the rights and privileges of all the citizens in
accordance with the Service Plan and shall be bound by the acts,
ordinances, resolutions and regulations of the City of Fort Worth,
Texas
SECTION 4
That attached hereto, marked Exhibit "X" and incorporated
herein for all purposes incident hereto, is a Service Plan
providing for the extension of municipal services into the area to
be annexed, said Service Plan having been prepared prior to
publication of the notices of hearings prescribed under Section
43 056 of the Texas Local Government Code, and having been made
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
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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
William W Wood, Deputy City Attorney
DATE ! - / -- ~{
ADOPTED • ~- -- I o~ ~~
EFFECTIVE
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CORPORATE BOUNDARY CHANGE - CITY•OF.FORT WORTH
PROJECT Hillwood/114 & IH-35 Ltd. (Texas Motor Speedway Site) OCTOBER 3, 1995
iST PUBLIC HEARING
FILE NO A-95-03 PLAT NO OCTOBER 17, 1995
2N0 PUBLIC HEARING
CURRENT INCORPORATED AREA ~ DATE OF ADOPTION
568.41 ~a»~1Z] ORDINANCE NO
ACRES TO BE ANNEXED -
PREVIOUS INCORP AREA 294.390 SO MI
ACRES TO BE DISANNEXED ® NEW INCORP AREA SD MI
..I..«.....,.,. ,,.
Exhibit "A"
EXHIBIT X
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Name C Hayden Survey, Abstract No 1662;
N Peterson Survey, Abstract No 1665;
G Cardinas Survey, Abstract No 215;
H Anderson Survey, Abstract No 25;
J Smith Survey, Abstract No 1149;
H Cook Survey, Abstract No 310, L E Olson
Survey, Abstract No 1663; J Arnold
Survey, Abstract No 1659
Location and Acreage Annexed North of S H -114 and West of I H -35W,
568 41 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
annexatior_
(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 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 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
2
__ 1 __,
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
r _1 -_'~
(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
r \•~ ~
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 REFERENCE NUMBER LOG NAME PAGE
11 /7/95 Ir11648 06HAYDEN 1 of 1
SiJBJECT APPROVAL OF ORDINANCE ANNEXING 568 41 ACRES OF LAND OUT OF THE C
HAYDEN SURVEY A-1662, N PETERSON SURVEY A-1665, G CARDINAS SURVEY
A-215, H ANDERSON SURVEY A-25, J SMITH SURVEY A-1149, H COOK SURVEY
A-310, L E. OLSON SURVEY A-1663, J ARNOLD SURVEY A-1659, DENTON
COUNTY, TEXAS, INTO THE- CITY LIMITS OF FORT WORTH (A-95-03)
RECOMMENDATION
It is recommended that 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 September 19, 1995, the City Council approved the timetable for annexing the above
referenced property into the Fort Worth City limits (M&C G-11.232) Public hearings concerning
this request were held as required by state law on October 3 and 17, 1995 The adoption of the
attached Ordinance completes the annexation process
LOCATION .
The subject property is located north of S H -114 and west of I H -35W and will be developed
as a NASCAR racetrack facility (Texas Motor Speedway) If annexed, the subject property will
become a part of CITY COUNCIL DISTRICT 2
MG a
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer _ 6140 1 1 ~ ~~~~
Originating Department Head: B
i~i~r, ~~ 1995
Ann Kovich 8901 (from}
G t~-~.~s9'`'
For Additionai Information Cit
l of F ~ ~~ ~
Contact: y
~a
Ann Kovich 8901
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