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HomeMy WebLinkAbout1381 10-12-1999ORDINANCE NO. 1381 AN ORDINANCE OF THE CITY OF EULESS, TEXAS, DECLARING CERTAIN FINDINGS; PROVIDING FORTHE EXTENSION OF CERTAIN BOUNDARY LL�IITS OFTHE CITY OF EULESS; PROVIDING FORTHE ANNEXATION OF A CERTAIN 21.3 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 SEVERABILITY 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, generally described as Lot 1, Block 1, Flight Instrument Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat recorded in Volume 388 -149, Page 49, of the Plat Records ofTarrant County, Texas, comprising 21.3 acres, more or less, would be in thebest 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 29th day of July , 1999, which date is not more than forty (40) days nor less than 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 1th day of Ailgus r , 1999, 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 16th day of July , 1999 and on the 7th day of AUg,s� t _, 1999, 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 ORDINANCE NO. 1381 PAGE I 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 North, 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 m o (2) sides; and the area proposed to be annexed is contiguous to and abuts another jurisdictional boundary; and contains 21.3 acres of land, more or less. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: 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 ", arc hereby altered and amended so as to include said area within the corporate limits of the City of-Euless, Texas. 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 herein above - described territory to be annexed. 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. 1381 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. Vl. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as pro% ided 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 12thday of _October_ _ , 1999, by a vote of L ayes, n nays, and O abstentions. APPROVED: Mary Lib Saleh, Mayor ATTEST: Susan Crum, ay Secretary APPROV AS TOWORM AND LEG, LU�Y:/ , Bob McFarland, City Attorney ORDINANCE NO. 1381 PAGE 3 EXHIBIT'A' BEING all that certain tract or parcel of land described as Lot 1, Block 1, Flight Instrument Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat recorded in Volume 388- 149 Page 49, of the Plat Records of Tarrant County, Texas, the right -of -way dedicated by said plat, and the existing right -of -way of South Pipeline Road, being more particularly described as follows: BEGINNING at the projected intersection of the north right -of -way line of South Pipeline Road and the west right -of -way line of Heather Drive; THENCE East, along the north right -of -way line of South Pipeline Road, 849.3 feet to a point for corner, being at the intersection of the northerly projected extension of the east line of said Flight Instrument Addition; THENCE South 00° 33' West, crossing said right -of -way, and along the east line of said Addition, a distance of 1083.02 feet to a pipe for corner at fence corner; THENCE North 89° 59' 41" West, along the south line of said Addition, a distance of 857.11 feet to a pipe for corner at a fence corner, THENCE North 01° 26' East, along a fence, a distance of 581.7 feet to the intersection with the projected extension of the northerly right -of -way line of South Pipeline Road, THENCE South 89° 50' 53" West, along said projected right -of -way line, a distance of 191.9 feet to a corner, being on a curve concave to the northwest and whose chord bearing is North 440 55' 23" East; THENCE Northeasterly, along the northerly right -of -way of South Pipeline Road and curve having a central angle at 89° 51' 00 ", a radius of 196.10 feet and arc length of 307.52 feet to the end at curve; THENCE North, along the westerly right -of -way of South Pipeline Road (formerly Heather Drive), a distance of 305.75 feet to the POINT OF BEGINNING and containing 21.3 acres of land, more or less. EXHIBIT "B" CITY OF Eli LESS, TEXAS SERVICE PLAN FOR ANNEXED AREA Name: Dr. Pepper Star Center at Texas Star Location and Acreage Annexed 21 3 acres located at the Southeast comer of South Pipeline Road and Heather Drive_ generally_ West of State Highway 157. north of proposed Trinity Boulevard and East of 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) Patroling. 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 arc furnished throughout the City B. Fire and Emereency 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. (2) As development and construction of subdivisions commence %ithin this area. sufficient fire and emergeneN ambulance equipment will be provided to t urnish this area the maximum level of fire and emcrgcnc% ambulance sery ices consistent Nvith the characteristics of topograph %, land utilization_ and population density of the area, as determined bN the Cm Council, xrithin four and one -half (4 lit) Nears 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 emergencq 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 Cit<'s environmental health ordinances and regulations. including but not limited to weed and brush ordinances and food establishment ordinances shall be provided within this area on the effectiNe 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 Citv'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 Citv'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. (5) As development and construction commence within the area. sufficient personnel will be provided to famish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City- D. Plannine, En2ineerine and Zoning Services The planning, engineering and zoning jurisdiction of the Citv will extend into this area on the effective date of the annexation ordinance. The Citn's comprehensive plan. Capital Improvements Plan_ shall thereafter encompass this propert}. and the area shall be entitled to_ consideration for zoning and development in accordance �iith the CitN'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 propert} 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 Citv. 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 Citv of Euless: 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. (2) As development and construction commence within this property, and popular on 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 Liehts (1) The City of Euless' existing policies with regard to street maintenance_ applicable throughout the entire City. shall apple to this property beginning with the effective date of the annexation ordinance. The Citv 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 - 12) As development. improvcment or constriction of streets to Cih 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 apph. (3) The same level of maintenance shall be provided to streets within this property which have been accepted by the Cit}, 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 Cit} of Euless standards applicable throughout the CaN. 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) Streetlights 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 provided in accordance with existing Cim 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 propertv. whichever occurs later. 1. Sanitary Sewer Services ( I) Connection to existing Cit} sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing Cit} ordinances and policies. Upon connection to existing sanitary sewer mains, sanitan sewage service will be provided at rates established by City ordinances for such scnice at the normal rates charged throughout the cit-, (2) As development and construction of subdivisions commence within this propem. 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 (3 tl2) years from the effective date of the annexation ordinance, and/or upon commencement of development of a subdivision within the property. whichever occurs later. k Miscellaneous (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. m on S tiom In L C/) z z Z m x Z > X Z L�l m X C) a nNORI'll Lw--JA as ay Q bb C av tim xxmby 0 0 z T OL)b zx m STANLEY DR. t� Z4 ER C. 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