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HomeMy WebLinkAbout1197 01-23-1996ORDINANCE NO. 1197 AN ORDINANCE OF THE CITY OF EULESS, TEXAS, DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF EULESS; PROVIDING FOR THE ANNEXATION OF A CERTAIN 157.956 ACRES OF LAND, MORE OR LESS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF EULESS, TEXAS; PROVIDING THAT THE TERRITORY ANNEXED SHALL BEAR ITS PRO RATA PART OF TAXES; PROVIDING THAT THE INHABITANTS THEREOF SHALL HAVE ALL OF THE PRIVILEGES OF ALL THE CITIZENS OF EULESS, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILTTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Euless, Texas, finds and determines that the annexation into the City of that certain land described on Exhibit "A" attached hereto, located within the G. W. Couch Survey, Abstract No. 278, and the J. V. Brooks Survey, Abstract No. 95, comprising 157.956 acres, more or less, would be in the best interests of the City of Euless; and WHEREAS, a public hearing before the City Council and city staff, wherein all interested persons were provided an opportunity to be heard on the proposed annexation of the territory described on Exhibit "A" attached hereto, was held on the 30th day of October, 1995, which date is not more than forty (40) days nor less then twenty (20) days prior to the institution of annexation proceedings; and WHEREAS, a second public hearing before the City Council and city staff of the City of Euless, Texas, wherein all interested persons were provided an opportunity to be heard on the proposed annexation of the territory described on Exhibit "A" attached hereto, was held on the 1st day of November, 1995, which date is not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings; and WHEREAS, notice of each such public hearing was published prior thereto in a newspaper having general circulation in the City of Euless, Texas, and in the territory proposed to be annexed, on the 20th day of October, 1995 and on the 21st day of October, 1995, respectively, which dates were not more than twenty (20) days nor less than ten (10) days prior to the dates of the respective public hearings advertised in said notices; and WHEREAS, prior to the publication of said notices of said public hearings, a service plan providing for the extension of municipal services to the territory proposed to be annexed was prepared and made available for public inspection, and a copy of said proposed service plan is attached hereto as Exhibit "B" and expressly incorporated herein for all purposes; and WHEREAS, the territory proposed to be annexed described in Exhibit "A" attached hereto and incorporated herein has, prior to the final passage of this ordinance, been disannexed by the City of Fort Worth, Texas, and, therefore, on the date of the passage of this ordinance lies within the exclusive extraterritorial jurisdiction of the City of Euless, Texas; and WHEREAS, the territory proposed to be annexed, as described on Exhibit "A" attached hereto, lies adjacent to and adjoins the current boundaries of the City of Euless, Texas; the boundaries of the City of Euless, Texas, are contiguous to the area proposed to be annexed on at least two (2) sides; and the area proposed to be annexed is contiguous to and abuts another jurisdictional boundary; and contains 157.956 acres of land, more or less. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: I. That the land and territory described in Exhibit "A" attached hereto and incorporated herein for all purposes, lying adjacent to and adjoining the boundaries of the City of Euless, Texas, is hereby added to and annexed into the City of Euless, Texas, and said territory described in Exhibit "A" shall hereafter be included within the boundary limits of the City of Euless, Texas, and the present boundary limits of said city, at the various points contiguous to the area described in Exhibit "A ", are hereby altered and amended so as to include said area within the corporate limits of the City of Euless, Texas. II. That the above — described territory is shown on Exhibit Map "C ", which is attached hereto and expressly incorporated herein by reference for the purpose of illustrating and depicting the locations of the here inabove— des crib ed territory to be annexed. III. That the territory described in Exhibit "A" and annexed hereby shall be part of the City of Euless, Texas, and the property added hereby shall bear its pro rata part of the taxes levied by the City of Euless, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all of the citizens in accordance with the service plan and shall be bound by the acts, ordinances, resolutions and regulations of the City of Euless, Texas, henceforth. IV. That this ordinance shall and does amend every prior ordinance in conflict herewith, but as to all other ordinances and sections of ordinances not in direct conflict, this ordinance shall be, and the same is hereby made cumulative. ORDINANCE NO. 1197 PAGE 2 V. Severability Clause. That it is hereby declared to be the intention 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 invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or 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 such invalid or unconstitutional phrase, clause, sentence, paragraph or section. V1. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST READING and approved at a regular meeting of the Euless City Council on the 23rd day of January 1996; by a vote of 7 ayes, 0 nays and 0 abstentions. APPROVED: l Mary Lib S eh, Mayor ATTEST: usa rim, C11 C, City Secretary APP OVED S TO FORM: ob cFarland, Cit t orney l leullib /bh/011896 ORDINANCE NO. 1197 PAGE 3 EXHIBIT "A" BEING all that certain tract or parcel of land situated in the G. W. COUCH SURVEY, Abstract No. 278, and the 1. V. BROOKS SURVEY, Abstract No. 95 in the City of Fort Worth, Tarrant County, Texas, and being a portion of that tract of land described in deeds recorded in Volume 11966, Page 1136, of the Deed Records of Tarrant County, Texas, and a portion of the South Pipeline Road right - of -way, all being more particularly described as follows: BEGINNING at a 1 %a -inch pipe at the southwest comer of a 30 -foot strip of land dedicated for right - of-way with the plat of Lot 1, Block 1, Flight Instrument Addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388 -149, Page 49 of the Plat Records of Tarrant County, Texas; THENCE N 89 01739" E, along the south tine of said right -of -way and lot, 856.95 feet to a 1' /cinch pipe at the southeast corner of said Lot; THENCE N 00 °42'07" W, along the east line of said Lot, 56.98 feet to a % -inch capped iron rod stamped "Thompson;" THENCE S 88 °41'50" E, leaving said east line, 525.96 feet to a I' /2 -inch pipe; THENCE S 00°25'35" E, 716.74 feet to a % -inch capped iron rod stamped "Thompson;" THENCE S 76 °09'20" W, 1,688.76 feet to a 5/s-inch capped iron rod stamped "Thompson;" THENCE S 80 02916" W, 1,082.25 feet to a 3/a -inch capped iron rod stamped "Thompson;" THENCE S 00°47'38" E, 595.00 feet to a /2 -inch iron rod; THENCE S 22 °21'01" E, 823.93 feet to a 'h -inch iron rod on the northerly right -of -way line of Trinity Boulevard (120 -foot right -of -way); THENCE S 60 °45'54" W, along said northerly right -of -way line, 492.76 feet to 1' /x -inch iron rod at the point of curvature for a curve to the right having a chord bearing of S 74 °24'57" W. THENCE Southwesterly along said right -of -way and curve having a central angle of 27 "18'07 ", a radius of 2,407.54 feet, an arc length of 1,147.21 feet to a 1'/4 -inch iron rod at the end of said curve; THENCE S 88 004'01" W, continuing with said right -of -way line, 319.51 feet to a'' /z -inch iron rod; THENCE N 01018'10" W, departing said right -of -way line, 1,332.06 feet to an axle for an angle point: ORDINANCE 1197, Exhibit A, Page 1 of 2 THENCE N 03 °24'21" W, 45.16 feet to a %4neb capped iron rod stamped "Thompson" on the southerly right -of -way line of South Pipeline Road; THENCE N 01 -2 1'01" W, 55.13 feet to a comer on the northerly right -of -way line of said road being a City Limit lane between the City of Euless and the City of Fort Worth and being on a curve to the left whose chord bearing is N 52 °00'17" E; THENCE Northeasterly along said City Limit line and curve having a central angle of 21 "52'54 ", a radius of 820.00 feet and an arc length of 313.16 feet to the end of said curve; THENCE N 41°03'56" E, along said City Limit fine 857.37 feet to the beginning of a curve to the left whose chord bearing is N 38 °18'05" E; THENCE Northeasterly along said City Limit line and curve having a central angle of 12 °21'43 ", a radius of 2,474.41 feet, an arc length of 533.87 feet to the end of said curve; THENCE N 32 °07'14" E, along said City Limit line, 887.57 feet to the beginning of a curve to the right whose chord bearing is N 60 °49'23" E, THENCE Northeasterly along said City Limit line and curve having a central angle of 57 "24' I 8 ", a radius of 601.39 feet, an arc length of 602.54 feet to the end of said curve; THENCE N 89-31-32" E, along said City Limit line, 768.59 feet to the west line of a 30 -foot right -of- way strip; THENCE S 00 °43'40" W, along the west line of said 30 -foot right -of -way strip, 570.01 feet to the PLACE OF BEGINNLNG and containing 157.956 acres of land, more or less. ORDINANCE 1197, Exhibit A, Page 2 of 2 CITY OF EULESS, TEXAS SERVICE PLAN FOR ANNEXED AREA Name: Texas Star Recreation and Golf Course Complex Location and Acreage Annexed: 157.956 acres located between South Pipeline Road and proposed Trinity Boulevard, generally between F.M. 157 and House Anderson Road County: Tarrant Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Euless, 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 manpower and equipment will be provided to furnish this area the maximum 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 Ememencv Medical 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. ORDINANCE 1197, Exhibit B, Page 1 of 6 (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 (4 112) 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 establishment 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 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 Euless, but not mentioned above, will be provided to this area beginning on the effective date of the annexation ordinance. Ordinance 1197, Exhibit B, Page 2 of 6 (5) As development and construction commence within the 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. Plannintt. Enakreedna and Zoning Services The planning, engineering and zoning jurisdiction of the City will extend into this area on the effective date of the annexation ordinance. The City's comprehensive plan, Capital Improvements Plan, shall thereafter encompass this property, and the area shall be entitled to consideration for zoning and development in accordance with the City's Unified Development Code and Comprehensive Plan. E. Recreation and Leisure Services (1) Residents of this property may utilize all existing recreational and leisure service facilities and sites throughout the City, beginning with the effective date of this ordinance. (2) Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans, policies and programs and decisions of the City of Euless. This property will be included in all plans for providing recreation and leisure services to the City. The same level of recreation and leisure services shall be furnished to this property as is furnished throughout the City. (3) Existing parks, playgrounds, swimming pools and other recreation and leisure facilities within this property shall, upon deeding to and acceptance by the City, be maintained and operated by the City of Euless; but not otherwise. F. Solid Wasle 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. Ordinance 1197, Exhibit B, Page 3 of 6 (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 charges and so forth. G. Streets, Storm Drainage and Street Lights (1) The City of Euless' 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 Euless. (2) As development, improvement or construction of streets to City standards commences within this property, the policies of the City of Euless 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 Euless 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 Euless 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 Euless 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 Euless in accordance with current City policies. 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 Ordinance 1197, Exhbit B, Page 4 of 6 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. 1. Sanitary Sewer Services (1) Connection to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City ordinances and policies. Upon connection to existing sanitary sewer mains, sanitary sewage service will be provided at rates established by City ordinances for such service at the normal rates charged throughout the City. (2) As development and construction of subdivisions commence within this property, sanitary sewer mains of the City will be extended by the property owners in accordance with provisions of the Subdivision Ordinance and other applicable policies, ordinances, and regulations. City participation in the costs of these extensions shall be in accordance with applicable City policies, ordinances, and regulations. Such extensions will commence within four and one -half (4 1/2) years from the effective date of the annexation ordinance, and /or upon commencement of development of a subdivision within the property, whichever occurs later. Ordinance 1197, Exhibit B, Page 5 of 6 J. MisceNaneous (1) Any facility or building located within the annexed area and acquired by the City of Euless 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. W*p5t"isc4nmx.doc Ordinance 1197, Exhibit B, Page 6 of 6 d H n z O F' I V b r, \ r I I I I I L I 1. I I hI I I lCa I I lyl I I liil mgr' I 1 I 11 /II .n I 1 I j 1: 'i r 157.956 ACRES b r, \ r I I I I I L I 1. 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