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HomeMy WebLinkAbout314 03-12-1968ORDINANCE NO. 314 AN ORDINANCE ANNEXING CERTAIN TERRITORY LYING ADJACENT TO THE CiTY OF EULESS, TEXAS; DETERMINING TAT 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 AUY OTHER CITY NOR THAT SUCH AREA LIES WITHIN THE EXTRA TERRITORIAL JURISDICTION OF ANY OTHER CITYI PROVIDING AND DETERMINING THAT SUCH ANNEXATION SHALL BE ACCOMPLISHED UNDER THE PROVISIONS AND WiTHiN THE LIMITATIONS PRESCRIBED BY THE EULESS CITY CHARTER AND THE PROVISIOIIS.OF ARTICLE 970A, REVISED CIVIL STATUTES OF TEXAS; PROVIDING TRW THE ORDINANCE BE PUDL1SHED IN THE OFFICIAL CITY NMISPAPER OR THE CI'T'Y OF EULESS AS REQUIRED BY THE EULESS CITY CHARTER; AND PRESCRIBING AN EFFECTIVE DATE. WHEREAS, the Euless City Counc i i on June 25, 1963, by annexation ordinances and peoceeedings duly hold, accompiished and adopted according to the Euless City Charter and the then existing statutes of ' thce State of Texas, suede and annexod the territory described in than attached Exh i b i t "A" an Integral part of thu City of Culass, and WHEREAS. the City of Euless has, since such annexation on June 25, 1963, considered and troa+teed the area described In the attached Exhibit "A" as a part of the City of Euless and has provided municipal services to such areie Including, but not limited to fire protection, police protection and the use of library fatcilitie3s and services and further has afforded the residents of such area described in Exhibit "A" the benefit and protection of Euless Zoning Ordinsnceas and Euless Building Codes and Building Regula- tlons, and WHEREAS, a portion of such annexation accomplished by`the City of Euless on Juno 25, 1963, lnaluding the area described to the attached Exhibit "A" has been challexnged in the courts as Ming in violation of Article 970A, Raavised Civil Statutes of the State of Texas known as The Hunicipal Annexation Act, which Act became effective on August 22, 1963, and N WHEREAS, the Euless City Council, at a public hearing held In tho Council Chambers of tho Euless Municipal Building, 201 Ector Street, Euless, Twos, on Tuasday, January 30, 1960, determined that the terri- tory and area described in the attached Exhibit "A" should be a part of they C l ty of Euioss and that the area should be annexod at this time to the City of Euless to as to make the annexation thereof clear and certain and to ratify the previous determination by the Euless City Council on June 25, 1969, that the area described in Exhibit "Al' should be an Integral part of the City of Euless, and WHEREAS. the Euless City Council has determined that under the provisions of Articles 970A, Revised Civil Statutes of the State of Texas, the City of Euless Is entitle :d to annex territory equivalent In size to 10% of the total corporate area of Euless as of January 1, 1963, and WHEREAS, there is described In the attached Exhibit "A" an area which doers not excoead In territory an area in excess of 10% of the total area of the City of Euless on January 1, 1963, whan taken In conjunction with other annexcit.ions accomplished by the City of Euless during the calen- dar your 1968. and WNERLAS. tits Euless City Counc i 1 has determined that the area d+eScr i bard In then attached Exhibit "A" Is adjacent and contiguous to the City of Euless and lies within the extra teerritorial Jurisdiction of the City of Euless as that term is defined by Article 970A, Revised Civil Statutes of the State of Texas entitled That tunic i pal Annexation Act, and WHEREAS, this Euless City Council has further determined that tho areea.de3scribed in Fihibit "A" is nsithar a part of any other city nor that the area ties 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 pro -posed annexation Is to ba Wdee and accomplished under the provisions of Article 97GA, iovised Civil Statutes of the State of Tuxes and within the limitations Imposed by that Act, NOW, THEREFORE. DE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Of EULESS, TEXASs 1. That the territory particularly described in Exhibit "A" attached to this Ordinance and by reference Incorporated heroin and made a part hereof being situatod In Tarrant County, Texas, and being contiguous and lying adjacent to the City of Euless and being within the extra territorial jurls- diction of the City of Euless, is hereby annexed, brought within the corporates limits and made an Integral part of the City of Euless. it. 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 duty and iegally exercised municipal control thereover. The Euless City Council has flete rmined that the area described in the attached Exhibit "A" is not a part of any other municipality and further that the territory do3crtbod In the attached Exhibit "A'" is not within the extra territorial jurisdiction of any other city except the City of gulass, Texas. if any portion of the annexation declared herein shall for any reason be held void or unconstitutional by a court of competent ,jurisdiction, such invalidity shall not affect the re*mining area so annexed. ill. This Ordinances shall be published at least one time In the official ne paper of the City of Euless, In accordance with the provisions of the Euless City Charter. iV. This Ordinances shall become affective and be In full force and effect upon Its final passage, which In no event shall be less than thirty (3a) days from the date of Its first publication as aforesaid, and it is so ordained. PRESENTED and given First Reading on the _ P_LtL,,,,_ day of January , 1968, at a Called Meating of the City Council of the City of Euless, Texas, and given Second Reading, passed and approved on the _ day of _, t r_ h __, 190, by to vale of ._I_ eyes and mays at a Regular 1-leet ing of the City Council of this City of Euless, Texas. APPROVED: ATTEST: L / / City Secretary `1114YOR EXHIBIT "A" ORDINANCE NO. 314 Da'ng a part of the S. Tucker Survey, Abstract No. 1512, the E. Taylor Survey, Abstract No. 1550 and the R. U. Price Survey, Abstract No. 1205, Tarrant County, Texas, and being more particular]} described by metes and bound$ as follows: Beginning at the Intersection of the hest line of County Road No. 3121 and the South line of County Road No. 3036, said point being the Northeast corner of the area described In City of Euless Ordinance No. 293; Thence, Easterly with the said South line of County Road No. 3036 a distance of 2100 feet, more or less, to Big Bear Crook and to the Northwest corner of the area described In the City of Euless Ordinance No. 65; "'hence, In a Southearsterr!y direction with the meanderings of Big Bear Creek and with the Mast line of said +Ordinance No. 65 to the point wire 019 Hoar Creak Intersects the East line of the S. Tucker Survey; Thence, Southerly with the saaid East line of the S. Tucker Survey a distance of 2850 feet, more or less, to the Northeast corner of City of Euless Ordinance Flo. 64; Thence, Vestearly with the forth line of said Euless Ordinance No. 64 a distance of 2WO feet, more or less, to they West lino of County Road No. 3121; Thence, Northerly with the said West line of County Road No. 3121 a distn rice of W00 Feet, more or less, to the platcet of beginning.