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HomeMy WebLinkAbout728 01-25-1983ORDINANCE NO. 728 AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF EULESS; PROVIDING FOR THE ANNEXATION OF A CERTAIN 3.3 ACRES (0.00516 SQUARE MILES) OF LAND, MORE OR LESS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF EULESS, TEXAS; PRO- VIDING THAT THE TERRITORY ANNEXED SHALL BEAR ITS PRO RATA PART OF TAXES: PROVIDING THAT THE INHABITANTS THEREOF SHALL HAVE ALL THE PRIVILEGES OF ALL THE CITIZENS OF EULESS, TEXAS; PROVIDING THAT THIS ORDIN- ANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT;PRO- VIDING FOR SEVERABILITY AND NAMING AN EF- FECTIVE DATE. WHEREAS, a public hearing before the 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 hereinafter described, was held at the territory site, on the 22nd day of November, 1982, which date is not more than forty ( 40 ) days nor less than twenty (20) days prior to institution of annexation proceedings; and WHEREAS, a second public hearing before the City Council of the City of Euless, Texas, wherein all interested persons were provided an opportunity to be heard on the proposed annexation of the territory hereinafter described, was held at the City Council Chambers in the Municipal Building of Euless, Texas, on the 23rd day of November, 1982, which date is not more than forty (40) nor less than twenty (20) days prior to the institution of annexation proceedings; and WHEREAS, notice of each such public hearings was published prior thereto in a newspaper having general circulation in the City of Euless, Texas, and in the hereinafter described territory on the 12th day of November, 1982, which date was not more than twenty (20) nor less than (10) days prior to the dates of said public hearings; and WHEREAS, prior to the publication of notice of public hear- ing, a Service Plan providing for the extention of municipal services into the hereinafter described territory was prepared and attached hereto as Exhibit "B" and expressly incorporated herein as part of the ordinance; and VOL '7446 P4rUE19,8 WHEREAS, the territory described in Exhibit "A ", attached hereto and incorporated herein for all purposes, lies within the exclusive extraterritorial jurisdiction of the City of Euless, Texas; and WHEREAS, the hereinafter described territory lies adjacent to and adjoins the City of Euless, Texas; and WHEREAS, the hereinafter described territory contains 3.3 acres (0.00516 square miles) 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 ", attach- ed hereto and incorporated herein for all purposes, lying adjacent to and adjoining the City of Euless, Texas is hereby added to and annexed to 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 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 hereinabove described territory. III. That the territory described in Exhibit "A" and the area annexed shall be part of the City of Euless, Texas, and the property added hereby shall bear its pro rata part of the taxes levied the City of Euless, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all 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. IV. That this ordinance shall and does amend every prior ordin- ance 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. V. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and -2- VOL 7446 P01979 phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment of decree of any court of competent jurisdiction, such 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 unconstitutional phrase, clause, sentence, paragraph or section. VI. 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 at a called meeting of the Euless City Council on the 21st day of December, 1982 ; by a vote of 4 ayes, 0 nays and 0 abstentions; GIVEN SECOND READING AND APPROVED at a regular meeting of the Euless City 'a6uncil on the 25th day of January, 1983 by a vote of 5 >t. ayes, 0 nays and 0 abstentions. a Ew APPROVED: -.d :'A4 i L ( a'y. ney, CiW S cretary v., APPROVED AS T6 FORM: ney Harold Samuels, Mayor -3- v0� 7446 Faugso EXHIBIT A DESCRIPTION OF 'TRACT A' Being 0.2 acres of land situated in the A. J. Huitt Survey, Abstract Number 709, Tarrant County, Texas and being a portion of that certain tract of land owned by H. K. Huie, Jr. , as described in deed recorded in Volume 4907, Page 666, Tarrant County Deed Records, said 0.2 acres of land being more particularly described by metes and bounds as follows: COMMENCING at the intersection of the easterly right -of -way line of Huntington Drive (a variable width public right -of -way) with the southerly right -of -way line of State Highway Number 183 (a variable width public right -of -way); THENCE S 890 52' 49" E, along said southerly right -of -way line, 80.79 feet to a point in the interesction of F.A.A. Drive (a proposed 68.0 foot wide public right -of -way); THENCE leaving said southerly right -of -way line and along said westerly right -of -way line, the following courses and dis- tances: S 000 07' 11" W, 415.00 feet to the beginning of a curve to the left whose radius is 450.00 feet; Along said curve through a central angle of 300 00' 00 ", a distance of 235.73 feet; S 290 52' 49" E, 366.47 feet to the beginning of a curve to the right whose radius is 950.00 feet; Along said curve through a central angle of 100 40' 3711, a distance of 177.03 feet to the POINT OF BEGINNING of the tract herein described: THENCE continuing along said curve and said westerly right - of -way line, through a central angle of 050 08' 34 ", a distance of 85.77 feet; THENCE S 140 08' 56" E. continuing along said westerly right - of -way line, 271.92 feet to a point in the centerline of a creek; VOL '7446 PAGE19$1 THENCE leaving said westerly right -of -way line and along said centerline the following courses and distances: N 280 02' 41" W, 146.19 feet; N 090 50' 27" W, 178.04 feet; N 120 24' 49" E, 40.35 feet to the POINT OF BEGINNING and containing 0.2 acres of land, more or less. DESCRIPTION OF 'TRACT B' Being 1.4 acres of land situated in the A. J. Huitt Survey, Abstract Number 709, Tarrant County, Texas and being a portion of that certain tract of land owned by H. K. Huie, Jr. , as described in deed recorded in Volume 4907, Page 666, Tarrant County Deed Records, said 1.4 acres of land being more particularly described by metes and bounds as follows: BEGINNING at the intersection of the easterly right -of -way line of Huntington Drive (a variable width public right -of -way) with the southerly right -of -way line of State Highway Number 183 (a variable width public right -of -way); THENCE S 890 52' 49" E, along said southerly right -of -way line, 80.79 feet to a point in the intersection of F.A.A. Drive (a proposed 68.0 foot wide public right -of -way); THENCE leaving said southerly right -of -way line and along said westerly right -of -way line, the following courses and dis- tances: S 000 07' 11" W, 415.00 feet to the beginning of a curve to the left whose radius is 450.00 feet; Along said curve through a central angle of 180 45' 16 ", a distance of 147.30 feet to a point in the intersection with the centerline of a creek. THENCE N 520 36' 45" W, leaving said westerly right -of -way line and along said centerline, 268.96 feet to a point in the aforementioned easterly right -of -way, said point being the begin- ning of a non - tangent curve to the right whose radius is 321.48 feet and whose long chord bears N 210 40' 27" E, 74.40 feet; THENCE along said easterly right -of -way, through a central angle of 130 17' 4111, a distance of 74.60 feet; 2 VOL '744b PACE1982 THENCE continuing along said easterly right -of -way line, the following courses and distances: N 280 19' 11" E, 51.19 feet to the beginning of a curve to the left whose radius is 487.66 feet; Along said curve through a central angle of 280 13' 0011, a distance of 240.16 feet; N 000 06' 11" E, 51.80 feet to the POINT OF BEGINNING and containing 1.4 acres of land, more or less. DESCRIPTION OF 'TRACT Z' Being 1.7 acres of land situated in the A. J. Huitt Survey, Abstract Number 709, Tarrant County, Texas and being a portion of that certain tract of land owned by H. K. Huie, Jr., as described in deed recorded in Volume 4907, Page 666, Tarrant County Deed Records, said 1.7 acres of land being more particulary described by metes and bounds as follows: COMMENCING at the intersection of the easterly right -of -way line of Huntington Drive (a variable width public right -of -way) with the southerly right -of -way line of State Highway Number 183 (a variable width public right -of -way); THENCE S 890 52' 49" E, along said southerly right -of -way line, 80.79 feet to a point in the intersection of F.A.A. Drive (a proposed 68.0 foot wife public right -of -way); THENCE leaving said southerly right -of -way line and along said westerly right -of -way line, the following courses and dis- tances: S 000 07' 11" W, 415.00 feet to the beginning of a curve to the left whose radius is 450.00 feet; Along said curve through a central angle of 180 45' 1611, a distance of 147.30 feet to the POINT OF BEGINNING of the tract herein described; THENCE continuing along said curve and said westerly right - of -way line, through a central angle of 110 15' 35 ", a distance of 88.43 feet; THENCE S 290 52' 49 ", continuing along said westerly right - of -way line, 366.47 feet to the beginning of a curve to the right whose radius is 950.00 feet; 3 vat_ '7446 F01983 THENCE along said curve and continuing along said westerly right -of -way line, through a central angle of 100 40' 37 ", a distance of 177.03 feet to a point in the intersection with the centerline of a creek; THENCE along said centerline the following courses and dis- tances: S 120 24' 49" W, 40.35 feet; S 090 50' 27 ", 178.04 feet; S 280 02' 41" E, 146.19 feet to a point in the aforementioned westerly right -of -way line; THENCE S 140 08' 57" E, along said westerly right -of -way line, 23.29 feet to the beginning of a curve to the left whose radius is 300.00 feet; THENCE along said curve and continuing along said westerly right -of -way line, through a central angle of 110 10' 05 ", a distance of 58.48, feet; THENCE N 250 18' 50" W, leaving said westerly right -of -way line, 55.29 feet; THENCE N 380 43' 49" W, 337.97 feet; THENCE N 140 32' 56" W, 688.97 feet to the POINT OF BEGINNING and containing 1.7 acres of land, more or less. VOL 17446 paE1984 4 EXHIBIT B CITY OF EULESS, TEXAS SERVICE PLAN FOR ANNEXED AREA Name: Euless /Ft. Worth City Limit Adjustment Location and Acreage Annexed: 3.3 acres located directly south of S.H. 183 and east of Huntington Drive approximately 200 to 600 feet. 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, and will be provided on the effective date of annexation. (2) As development and construction commence within this area, sufficient fire and emergency ambulance 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 two and one -half (2 -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 Emergency Protection 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 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 two and one -half (2 -1/2) 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. (5) As development and construction commence within this 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. Planning and Zoning Services The planning and zoning jurisdiction of the City will extend to this area on the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and General 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. . _3•_ (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 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 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. _4- (5) Street lights installed on improved public streets shall be maintained by the City of Euless in accordance with current City policies. Other street lighting shall not be maintained by the City of Euless. 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 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 two and one -half (2 -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. I. 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 two and one - half (2 -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. I 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. EXHIBIT "CI' HW} NO d J AIR R STATE mic HW.5 y- 1.{0. ♦S + SQ i.'1 ' 1 rr W 2 \" ALEx •u OEe • L^NE Ll- ..r r L-NE �' ` Z• \ MARTIN F FLU —�— •.s L,.T ' � t ♦ o r,r....~••ERNONi�4 •.r »�,Y�L.r :. J -0-r =• ` -17 'y \• a SIAUGN T1 •�'' .'. +r P 1 ✓ * • 7 LhNE _ s1 � ATKE SON iT �NE -1 > R - -X_.. _.. /fK �> riY. • Ch i V'� I L.rtE f f r ky 2 �a a9. as Ac.•• rt-#.f-T UQr1 I1 a4 Z6, 1 TRACT � AMC21CAN AtRLiNES /ADD 1T101.1 �' II \ 1 '1'4� s' LOCATION OF 3.3 ACRES PROPOSED TO BE ANNEXED 14 1A D] 4 Acv.