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HomeMy WebLinkAbout292 12-27-1966ORDINANCE NO. 292 AN ORDINANCE ANNEXING CERTAIN TERRITORY LYING ADJACENT TO THE CITY OF EULESS, TEXAS; DETERMINING THAT THE AREA TO BE ANNEXED SHOULD BE AN INTEGRAL PART OF THE CITY OF EULESS; DETERMINING THAT THE AREA TO BE ANNEXED IS AD- JACENT AND CONTIGUOUS TO THE CITY OF EULESS AND LIES WITHIN THE EXTRA TERRITORIAL JURISDICTION OF THE CITY OF EULESS AS THAT TERM IS DEFINED IN ARTICLE 970A, REVISED CIVIL STATUTES OF TEXAS ENTITLED THE MUNICIPAL ANNEXATION ACT, AND FURTHER DETERMINING THAT SUCH AREA IS NEITHER A PART OF ANY OTHER CITY NOR THAT SUCH AREA LIES WITHIN THE EXTRA TERRITORIAL JURISDICTION OF ANY OTHER CITY; PROVIDING AND DETERMINING THAT SUCH ANNEXATION SHALL BE ACCOMPLISHED UNDER THE PROVISIONS AND WITHIN THE LIMITATIONS PRESCRIBED BY THE EULESS CITY CHARTER AND THE PROVISIONS OF ARTICLE 970A, REVISED CIVIL STATUTES OF TEXAS; PROVIDING THAT THE ORDINANCE BE PUBLISHED IN THE OFFICIAL CITY NEWSPAPER OF THE CITY OF EULESS AS REQUIRED BY THE EULESS CITY CHARTER; AND PRESCRIBING AN EFFECTIVE DATE. WHEREAS, the Euless City Council on June 25, 1963, by annexation ordinances and proceedings duly held, accomplished and adopted according to the Euless City Charter and the then existing statutes of the State of Texas, made and annexed the territory described in the attached Exhibit "A" an integral part of the City of Euless, and WHEREAS, the City of `uless has, since such annexation on June 25, 1963, considered and treated the area described in the attached Exhibit "A" as a part of the City of Euless and has provided municipal services to such area including, but not limited to fire protection, police protection and the use of library facilities and services and further has afforded the residents of such area described in Exhibit "A" the benefit and protection of Euless Zoning Ordinances and Euless Building Codes and Building Regulations, and WHEREAS, a portion of such annexation accomplished by the City of Euless on June 25, 1963, including the area described in the attached Exhibit "A" has been challenged in the courts ;,..s being in violation of Article 970A, Revised Civil Statutes of the State of Texas known as The Municipal Annexation ct, which Act became effective on August 22, 1963, and WHEREAS. the Euless City Council, at a public hearing held in the Council Chambers of the Euless Municipal Building, 201 Ector Street, Euless, Texas, on Tuesday, November L, 1966, determined that the terri- tory and area described in the attached Exhibit "A" should be a part of the City of Euless and that the area should be annexed at this time to the City of Euless so as to make the annexation thereof clear and certain and to ratify the previous determination by the Euless City Council on June 25, 1963, that the area described in Exhibit "A" should be an integral part of the City of Euless, and WHEREAS, under the provisions of Article 970A, Revised Civil Statutes of the State of Texas, cities are entitled to accumulate territory annexing rights equal to 300/. of the total corporate area of such city as of the first day of the calendar year in which the annexation is accomplished, and WHEREAS, the Euless City Council has determined that the City of Euless had on January 1, 1963, a total corporate area of approximately 4,850 square acres of territory included within the corporate limits of the City of Euless, and WHEREAS, the Euless City Council has determined that the City of Euless has made no annexation of territory under the compulsory annexation provisions contained in Article 970A, Revised Civil Statutes of the State of Texas during the calendar years 1964 and 1965, and WHEREAS, only voluntary annexations made and accomplished by and at the request of property owners have been enacted and adopted by the Euless City Council during the calendar year 1966, and WHEREAS, the area described in the attached Exhibit "A" does not exceed in territory area in excess of 30% of the total area of the City of Euless on January 1, 1966, and WHEREAS, the Euless City Council has determined that under the provisions of article 970A, Revised Civil Statutes of the State of Texas, the City of Euless is entitled to annex territory up to 30% of its total area as provided by such Act, and WHEREAS, the Euless City Council has determined that the area described in the attached Exhibit "A" is adjacent and contiguous to the City of Euless and lies within the extra territorial jurisdiction of the City of Euless as that term is defined by Article 970A, Revised Civil Statutes of the State of Texas entitled The Municipal Annexation Act, and WHEREAS, the Euless City Council has further determined that the area described in Exhibit "A" is neither a part of any other city nor that the area lies within the extra territorial jurisdiction of any other city except the City of Euless, Tarrant County, Texas, and WHEREAS, the Euless City Council has determined that such proposed annexation is to be made and accomplished under the provisions of Article 970A, Revised Civil Statutes of the State of Texas and within the limitations imposed by that Act, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: That the territory particularly described in Exhibit "A" attached to this Ordinance and by reference incorporated herein and made a part hereof, being situated in Tarrant County, Texas, and being contiguous and lying adjacent to the City of Euless and being within the extra territorial juris- diction of the City of Euless, is hereby annexed, brought within the corpo- rate limits and made an integral part of the City of Euless. It is not the intention of this Ordinance to annex or attempt to annex to the City of Euless any territory or land which has been validly annexed to any other municipality prior to the date that the City of Euless first duly and legally exercised municipal control thereover. The Euless City Council has determined that the area described in the attached Exhibit "A" is not a part of any other municipality and further that the territory des- cribed in the attached Exhibit "A" is not within the extra territorial juris- diction of any other city except the City of Euless, Texas. If any portion of the annexation declared herein shall for any reason be held void or un- constitutional by a court of competent jurisdiction, such invalidity shall not affect the remaining area so annexed. This Ordinance newspaper of the City Euless City Charter. This Ordinance effect upon its final (30) days from the da ordained. shall be published at least one time in the official of Euless, in accordance with the provisions of the IV. shall become effective and be in full force and passage, which in no event shall be less than thirty to of its first publication as aforesaid, and it is so PRESENTED and given First Reading on the 22 day of November , 1966, at a Regular Meeting of the City Council of the City of Euless, Texas; and given Second Reading, passed and approved on the 2_ dey of December , 1966, by a vote of 5 ayes and 0 nays at a Regular Meeting of the City Council of the City of Euless, Texas. APPROVED: ATTEST: City Secretary MAYOR EXHIBIT "A" ORDINANCE NO. 292 Being a part of the E. F. Crowley Survey, Abstract No. 320, Tarrant County, Texas and being more particularly described by metes and bounds as follows; Beginning, at the intersection of the East Line of County Road No. 3129 and the North Line of County Road No. 3011, said point being in the North Line of the area annexed through the provisions of the City of Euless Ordinance No. 48; Thence: Easterly, along and with said North Line of County Road No. 3011, a distance of 2,600 feet, more or less, to its intersection with the West Line of County Road No. 3121; Thence: Northerly, along and with said West Line of County Road No. 3121, a distance of 4,690 feet, more or less, to a point on said West Line; Thence: Westerly, crossing said B. F. Crowley Survey, a distance of 2,600 feet, more or less, to a point on the East Line of said County Road No. 3129; Thence: Southerly, along and with the East Line of said County Road No. 3129, a distance of 4,690 foot, more or less, to the place of beginning.