HomeMy WebLinkAbout315 03-12-1968ORDINANCE NO. 115
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 Euless has, since such annexation on June 25,
1963, considered and treated the area described in the attached Exhibit "A"
as a part ofthe 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 as being in violation of Article 970A,
Revised Civil Statutes of the State of Texas known as The Municipal Annexation
Act, which Act became effective on August 22, 1963, and
y
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, January 30, 1968, 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, 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 equivalent in size to 10% of the
total corporate area of Euless as of January 1, 1968, and
WHEREAS, there is described in the attached Exhibit "A" an area which
does not exceed in territory an area in excess of 10% of the total area of the
City of Euless on January 1, 1968, when taken in conjunction with other
annexations accomplished by the City of Euless during the calendar year
1968, and
WHEREAS, the Euless City Council has determined that the area de-
scribed 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 910A, 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
9 70A, Revised Civil Statutes of the State of Texas and within the limitations
Imposed by that Act,
HOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EULESS, TEXAS:
I.
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 jurisdic-
tion of the City of Euless, is hereby annexed, brought within the corporate
limits and made an integral part of the City of Euless.
II.
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 muaiicipal 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 described In the
attached Exhibit "A" is not within the extra territorial ,jurisdiction of any
other city except the City of Euless, Texas. If any protion 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 remaining
area so annexed.
III.
This Ordinance shall be published at least one time in the official
newspaper of the City of Euless, in accordance with the provisions of the
Euless City Charter.
IV.
This Ordinance shall become effective and be In full force and
effect upon Its final passage. which in no event shall be less than thirty
(30) days from the date cf its first publication as aforesaid, and it is so
ordained.
PRESENTED and given First Reading on the 0th day of January, ,
1968, at a Called Meeting of the City Council of the City of Euless, Texas,
and given Second Reading, passed and approved on the 12th day of March ,
1968, by a vote of - 3- ayes and 0 nays at a Regular Meeting of the City
Council of the City of Euless, Texas.
APPROVED:
MAYOR
ATf EST :
City Secretary
EXHIBIT "A"
ORDINANCE NO. 315
Being a part of the R. Crowley Survey Abstract No. 312 and the B. 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 South line of thn area described by
the City of Euless Ordinance No. 64 and the West line of the R. Crowley Survey;
Thence Easterly with the said South line of Ordinance No. 64, a distance
of 2100 feet, more or less, to a point for corner, some being a corner
In Ordinance 64;
Thence Southerly, with Ordinance 64, a distance of 800 feet, more or less,
to the cantor of Little Bear Creek for a corner, same being a corner in
Ordinance 64;
Thence in a Southeasterly direction, with Ordinance 64, along the meandering
of Little Bear Creek to a point where said creek intersects the East line
of the R. Crowley Survey for a corner;
Thence Southerly with the said East line of the R. Crowley Survey.a distance
of 1300 feet, more or less, to its intersection with the North line of
City of Euless Ordinance No. 48;
Thence, Westerly with t':e said North line of Ordinance No. 48 a distance
of 2700 feet, more or less, to the West line of County Road No. 3121;
Thence Northerly with the West line of said County Road No. 3121 a distance
of 2700 feet, more or less, to a point for corner;
Thence Easterly a distance of 25 feet, more or less, to the place of
beginning.