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Home My Public Portal AboutOrdinance No. 1036-05 12-13-2005 t After Recording, please return to: City of Richland Hills 3200 Diana Drive Richland Hills, TX 76118 • ORDINANCE NO. 1036-05 AN ORDINANCE PROVIDING FOR THE ANNEXATION INTO THE CITY OF RICHLAND HILLS OF TERRITORY MORE SPECIFICALLY DESCRIBED BELOW GENERALLY COMPRISING APPROXIMATELY 5.1 ACRES, FOR ALL MUNICIPAL PURPOSES; APPROVING A SERVICE PLAN FOR SUCH TERRITORY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills, Texas is a home rule city acting under its charter adopted by the EieCtOrate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, a detailed analysis of past annexation ordinances has revealed possible minor discrepancies in the area considered to be part of the corporate limits of Richland Hills; and WHEREAS, in order to eliminate any question concerning the corporate limits of the City of Richland Hills, the Council deems it appropriate to annex the property in question; and • WHEREAS, after proper notice was provided in accordance with Chapters 43 of the Texas Local Government Code, public hearings on the proposed annexation were held before the Richland Hills City Council; and WHEREAS, all of the property described herein is adjacent to and within the exclusive extraterritorial jurisdiction of the City of Richland Hills; and WHEREAS, a Service Plan has been prepared and presented at the public hearings and is attached to and adopted with this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1. ANNEXATION That all portions of the following parcel (the "Territory") located in Tarrant County, Texas, comprising a combined total of approximately 5.1 of land is hereby annexed to the City of Richland Hills as a part of the city for all municipal purposes, and the city limits are extended to include such Territory: being a part of the W. Norris Survey, Abstract No. 116, Tarrant County, Texas and being more fully described on Exhibit "A" and depicted on Exhibit "B", both attached to • and incorporated in this Ordinance for all purposes. • SECTION 2. RIGHTS AND DUTIES OF OWNERS AND INHABITANTS IN NEWLY ANNEXED AREA The owners and inhabitants of the Territory are entitled to all of the rights and privileges of all other citizens and property owners of the City of Richland Hills, and are bound by all acts, ordinances, and all other legal action now in full force and effect and all those which may be subsequently adopted. SECTION 3. OFFICIAL MAP The official map and boundaries of the City, previously adopted, are amended to include the Territory as a part of the City of Richland Hills, Texas. The City Secretary is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the town to add the territory annexed as required by law. SECTION 4. FILING CERTIFIED COPY The City Secretary is directed to file or cause to be filed a certified copy of this ordinance in the office of the county clerk of Tarrant County, Texas. • SECTION 5. SERVICE PLAN The Service Plan, attached as Exhibit "C" and incorporated in this Ordinance, is approved in all things and made a part of this ordinance for all purposes. SECTION 6. CUMULATIVE CLAUSE This ordinance shall be cumulative of all provisions of ordinances of the City of Richland Hills, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 7. SEVERABILITY CLAUSE Should any section or part of this ordinance be held unconstitutional, illegal or invalid, or the application thereof, the unconstitutionality, illegality, invalidity or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portion or portions thereof, but as to such remaining portions, the same shall be and remain in full force and effect. • • SECTION 8. AREAS EXCEPTED FROM ANNEXATION Should this ordinance for any reason be ineffective as to any part of the area hereby annexed to the City of Richland Hills, such ineffectiveness of this ordinance as to any such part or parts of any such area shall not affect the effectiveness of this ordinance as to the remainder of such area. The City Council hereby declares it to be its purpose to annex to the City of Richland Hills every part of the area described in Section 1 of this ordinance, regardless of whether any part of such described area is hereby not effectively annexed to the City. Provided, further, that if there is included within the general description of territory set out in Section 1 of this ordinance to be hereby annexed to the City of Richland Hills any lands or area which are presently part of and included within the limits of any other City; Town or Village, cr v~hich are not within the City of Richland Hills's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be annexed hereby as fully as if such excluded and excepted area were expressly described herein. SECTION 9. ENGROSS AND ENROLL The City Secretary of the City of Richland Hills is directed to engross and enroll this ordinance by copying the caption, publication clause and effective date clause in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 10. EFFECTIVE CLAUSE This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVF~Q,~Q~I THIS 13`h DAY OF DECEMBER 2005. H AN D 0 ~ ; Ida S. Stroder, Mayor X= ATTE~fi: ~ i utter, RMC, Cr`'f~~/„ ~~?Cr~' RY AP OV A O ND LEGALITY: Tim Sralla, CITY ATTORNE Exhibit «A„ ~-I I The Land hereb annexed is atedm and bein a Y situ g Part of the W. Norris Survey, Abstract No.116,Tarrant County, Texas and being more fully described as follows: . _ 5.1 ± ACRES Beguuiiiig at a point m the South. boundary Line of the original Town of Richland Hills described in . the application to Incorporate, Richland Hills, dated August 30,1950, said point also being in the south. line of the. AA:. Trimble Survey, Abstract 1529 and the north Line of the W. Norris Survey AbstractNo~ L~65;: saidpoint also being the inthe west end ofa called 3700 foot strip of Land (being 1Vlid~vay Road) described in City Ordinance NQ. 237 of the Town of Richland Hills, Texas dated Febrvarga~"`, X958, - - . r , THENCE South crossing said road and along the west end ofsaid 3700 feet strip to the south ROW Line of Midway Road and a. northerly Line of the City Limits of Fort Worth, Texas as described in - Fort Worth's Ordinance No. 4702, dated August I3, 2962,- . THENCE is a westerly, southwesterly and northwesterly direction along the meanders of the south ROW Line ofMidway Road and the northerly City Limits ofFort Worth, Texas Ordinance No. 470I and crossing Big Fossil Creek and continuing along the easterly Line of the City of Fort Worth's Ordinance No_ 4700 to the southeasterly ROW Line of the C.R.I. Railroad and a southeasterly line of the City Limits of Haltom City set forth by the 48'~ Judicial District Court, December 18, 1967; THENCE. in a.-northeasterly direction along said railroad ROW line and along Haltom City's southeasterly city limits Line crossing Midway Road to the centerline of Big Fossil Creek and the southeasterly comer of the limits of Haltom City; 'THENCE in a northerly direction along the centerline-of Big Fossil Creek and the easterly limits of Haltom City crossing said railroad ROW and the southeasterly ROW line of State Highway 12 2 . to the south line of the A: Trimble Survey and the north line of said W. Norris Survey; and the southwest corner of the original Town of Richland Hills; THENCE in a easterly direction along the south line of said A. Trimble Survey and the north line of said Norris Survey and the south line of the original Town of Richland Hills to the POINT OF BE~GINNIl~TG and containing approximately S.I acres of Land and more or less. This description has been prepared under Rule 663.21, Description for Political Subdivision, Texas Board of Professional Land Surveying. ~P~~ S R~gct~ COY D• (ANDES _ .Q 1886. ~~Q ~..'~~~SS~O:'O q~~~SUFN~ ~g ~/z~~ • . • 1 r fr rnR - Mi j A. T It I hi 8 R- 5 L~ b3K A 8 5 T, N t7 1 S 2 9 ;y~~~~'~ ~•'~ttt~~wE ~,~r~~ ~ a~ i% ~ 4"+krGek+t Kt)Wt t?f f L"..~ ~ € AEC: t'= t~G' ~.-r ~ ~.r ~e3-" .ter Rt~NtAxtG HaE~.S / ; s- ..1'° AUG 3~7. 145fl >nT~RSE4Tl~N +3 Scskb's 7 ~ ~ ~ f ~A TI~eIN1~E Jk+PEY ~'~1.t'rj~°~~,~~u~.S ~ ~ ~ Nlt'HLA!VIl 11144! t2t3~NAtFCE ltitl tai' _L -I... TM _ I W` ri~.~FikIS SUR'tE~r _ ~ ~ ~ ~~,,r `~--'I'ARRA:QI.'NTY~~~~wi~s i ~t•., w C'ITY O iUit W N !1 t s, ~ , ~ b ...+s' a ~ jR 9I: - iR 342 92 Ai i.13 vtC ' j fff ra r'~ TR 3L i~ . ~ ~ S S ~ 2~ e sup wr ,F ~ ~ ~ 7 - t ~ 'r t ~ ~ r'~ _ t, . .y-''~ .,=-'`fit ~ _.~._~3 ! Tk~ 4~Fw~ fr''~ 7[ lD #a, TR.3G3 3 TR 3Cr2A Ae;i ~ ~ ~ ~1.: s ~ ti.6~ ,~C Lt^ 426 6C .t;a. ~ 1.t3 •c ik ~t`st v I,tl7 l~ A2 ~q , ~ 3 . s a me • ~ ~ ~~1 3URVE'7 LiNtn ~ ~ ~ ~Di t iD~t4~ to jet 23~ ~ Gam! t ~ g ~ -368 ,iC } { ~ I 'fit a ~ 5EE #'tKUFEtjF?' I~f~a~~!~F KI~'ti k ' ~,v"~ is IAKd~~a, ~ 'b R,~ k, M~'. t888, pATEik AUG ~t1, _ _ .tr Atdt.~xAT#-C?N lddfs 6 ~ s.vY fi~lANtS£~. RPi. N t866 'a'~r_~{.x.. s ~ S~` \ ~ r ' 1 t:Nx B lANU1;a .._.._-x.-W._._ ~ ~ ~ S~Tl1aTE(? ~N TN F, th NukR,`, ~URtr`EY. AESST. ?a~. 1tCx5, TAFtRANT € ~+s s~cv,`i4 CC7UMT'Y', iExA ~ r.f „gv~prr. ~:w,.fs;; i,_Fia41~tiG iiGNVY IS:A S:Ip3 e...,....-.._.:arrr? rrrrri ^•~,~••~=rt ~r+ fop K s-c my u,.= rase~wa+rr ~...vsn nk+a~as sa•vwv ~~~aLt~-~~"r .___.._.__~Y._... W • EXHIBIT "C" CITY OF RICHLAND HILLS ANNEXATION SERVICE PLAN For approximately 4.6 acres of land abutting the city limits being a part of the M. Lynch Survey, Abstract No. 953 and the George Akers Survey, Abstract No. 30, Tarrant County, Texas and being more fully described on Exhibit "A" and depicted on Exhibit "B", both attached to and incorporated herein for all purposes. SERVICES TO BE PROVIDED ON THE EFFECTIVE DATE OF ANNEXATION 1. POLICE PROTECTION The City of Richland Hills, Texas will provide police protection to the newly annexed tract at the same or similar level of service now being provided to other areas of the City of Richland Hills, Texas, with similar topography, land use and population within the newly annexed area. 2. FIRE PROTECTION AND AMBULANCE SERVICE The City of Richland Hills, Texas will provide fire protection and • ambulance service to the newly annexed tract at the same or' similar level of service now being provided to other areas of the City of Richland Hills, Texas, with similar topography, land use and population with the City. 3. SOLID WASTE COLLECTION At the present time the City of Richland Hills, Texas, is using a designated, specified contractor for collection of solid waste and refuse within the city limits of the City of Richland Hills, Texas. Upon payment of any required deposits and the agreement to pay lawful service fees and charges, solid waste collection will be provided to citizens in the newly annexed area to the extent that the City's. contractor has access to the area to be serviced. 4. MAINTENANCE OF WATER AND WASTE WATER FACILITIES Any and all water or waste water facilities owned or maintained by the City of Richland Hills, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Richland Hills, Texas. Any and all water or waste water facilities which may be acquired subsequent to the annexation of the proposed area shall be maintained by the City of Richland Hills, Texas, to the extent of its ownership. • • 5. MAINTENANCE OF ROADS AND STREETS Any and all public roads, streets or alleyways which have been dedicated to the City of Richland Hills, Texas, or which are owned by the City of Richland Hills, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in areas with similar topography, land use and population density. Any and all lighting of roads, streets and alleyways which may be positioned in a right-of-way, roadway or utility company easement shall be maintained by the applicable utility company servicing the City of Richland Hills, Texas, pursuant to the rules, regulations and fees of such utility. 6. MAINTENANCE OF PARKS, PLAYGRO:~NDS AND SWIi~IMiNG COOLS The City Council of the City of Richland Hills, Texas, is not aware of the existence of any parks, playgrounds or swimming pools now located in the area proposed for annexation. In the event any such parks, playgrounds or swimming pools do exist and are public facilities, the City of Richland Hills, Texas, will maintain such areas to the same extent and degree that it maintains parks, playgrounds and swimming pools and other similar areas of the City now incorporated in the City of Richland Hills, Texas. • 7. MAINTENANCE OF MUNICIPALLY OWNED FACILITY, BUILDING OR MUNICIPAL SERVICE The City Council of the City of Richland Hills, Texas, is not aware of the existence of any municipally owned facility, building or other municipal service now located in the area proposed for annexation. In the event any such municipally owned facility, building or municipal service does exist and are public facilities, the City of Richland Hills, Texas, will maintain such areas to the same extent and degree that it maintains publicly owned facilities, buildings or municipal services of the City now incorporated in the City of Richland Hills, Texas. CAPITAL IMPROVEMENTS 1. GENERAL a. The City policy for extending water and wastewater service is to extend service on an as required basis when development applications or subdivision plats are submitted to the City in accordance with the City's subdivision and development ordinances. b. Landowners may be required to fund capita6 improvements necessary to provide service in a manner consistent with law. • Nothing in this plan shall be interpreted to require a landowner within the newly annexed area to fund capital improvements • necessary to provide municipal services in a manner inconsistent with Chapter 395 of the Local Government Code, unless otherwise agreed to by the landowner. 2. POLICE PROTECTION, FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES The City Council of the City of Richland Hills, Texas finds and determines it to be unnecessary to acquire or construct any capital improvement for the purposes of providing police protection, fire protection, or emergency medical services. The City Council finds and determines that it has at the present time adequate facilities to provide the same type, kind and level of protection and service which is presently being administered to other areas already incorporated in the City of Richland H?11s, Texas, with the same or similar topography, land use and population density, without reducing by more than a negligible amount the level of fire, police and emergency services provided within the corporate limits of the City. 3. WATER FACILITIES Richland Hills water facilities are available in the area to be annexed and capital improvements are not necessary to provide full municipal services. • 4. WASTEWATER FACILITIES Richland Hills wastewater facilities are available in the area to be annexed and capital improvements are not necessary to provide full municipal services. 5. ROADS AND STREETS Maintenance of properly dedicated roads and streets will be consistent with the maintenance provided by the City to other roads and streets in areas of similar topography, land use and subdevelopment of the annexed property. Developers will be required pursuant to the ordinances of the City of Richland Hills, Texas, to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City of Richland Hills, Texas, for the properly dedicated street. City participation in capital expenditures will be in accordance with city policies. ********************~******~*********x****************************************************** SPECIFIC FINDINGS The City Council of the City of Richland Hills, Texas finds and determines that this proposed Service Plan will not provide any fewer services, and it wil! not provide a lower level of service in the area proposed to be annexed than were in existence in the proposed area at the time immediately preceding the annexation • process. Because of the differing characteristics of topography, land utilization and population density, the service levels which may ultimately be provided in the • newly annexed area may differ somewhat from services provided other areas of the City of Richland Hills, Texas. These differences are specifically dictated because of differing characteristics of the property and the City of Richland Hills, Texas will undertake to perform consistent with this contract so as to provide the newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Richland Hills, Texas who reside in areas of similar topography, land utilization and population. APPROVED ON„Tfj'hS 13th DAY OF DECEMBER 2005. ~ ~ ~ City of Richland Hills, Texas 't ' ' ~ iNel a S. Stroder, Mayor ATT r `~~''~'''~s~ i~Ztt~~~~``~\\\'. o- 'm utter, MC, City Secretary • • "ter"""~'.~~,. t ~ ~ i + ~ a • r r i H ~ a • + CITY OF RICHLAND HILLS ac ~ .f 3200 DIANA DR ' ""+zas~Y a,r RICHLAND HILLS TX 76118 Submitter: CITY OF RICHLAND HILLS SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 01I30l2006 10:30 AM Instrument D206027414 OPR 10 PGS $48.00 B• I IIIIIII IIII !lIII VIII VIII VIII VIII VIII VIII VIII IIII IIII D206027414 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. •