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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 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 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 M \DEPTS\06\22004 FRM -3- 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 M \DEPTS\06\22004 FRM -4- 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 M \DEPTS\06\22004 FRM -5- 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 M \DEPTS\06\22004 FRM -6- 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 M \DEPTS\06\22004 FRM -7- 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 M \DEPTS\06\22004 FRM -8- 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 M \DEPTS\06\22004 FRM -9- 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 M \DEPTS\06\22004 FRM -10- 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 M \DEPTS\06\22004 FRM -11- ~~ / ,!!! .. ~./ / 1 ~~ ~ ~ % ti ,S - - - - ---.__..._ _ I ~_ ~~- ~. f ~~I n"J. +;:anrz:wwiwn..n.cwf;:~vx-,~-• .w~xr¢..milwm~ wiu~.-~ aemirs; ~: h ~ ~ ~ _ `. + ~ iti ~ 1 f f / ~ f IN ~ I /..~1 ~.. i I 1 A ~\ --~-- -- I ~ ~ i ~.. ~ ~ .:. :..... .. .......: ...~. ....:.:: .... ..: .•..: .: .. :: .... .. ... .: .. ....... - ~ f, N ~ ~~ ~~/ ~~ '~ :. •• ~• :?'' • • • ~• l:AC - / ., ak'd G'3•• W'14fFp~:::::Y.",':A t:!:'M1 ':IM.. .:ti• , ~ ,_._ .:.. .... .....:: .:.:.. '::~: ~ - ~MY A '. . ~. ~.~ .. ` •` .~ y[1 .: ~ ~ •~.: ••: `'' "~,~ /ISLET ~ ~ • ........ ~ 1L 9 ~ '' ~ SCALE. i"i 4soo' ll 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 m ~';• Printed on recycled pa