HomeMy Public PortalAboutOrdinance No. 1037-05 12-13-2005 After Recording, please return to:
City of Richland Hills
3200 Diana Drive
Richland Hills, TX 76118
• ORDINANCE NO. 1037-05
AN ORDINANCE PROVIDING FOR THE ANNEXATION INTO
THE CITY OF RICHLAND HILLS OF TERRITORY MORE
SPECIFICALLY DESCRIBED BELOW GENERALLY
COMPRISING APPROXIMATELY 4.6 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 electorate 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 4.6 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 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 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 ur
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, or which 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 APP~~O+~
~~~V THIS 13th DAY OF DECEMBER 2005.
~ ~
~y ~ ~ .Ida S. Stroder, Mayor
r^
~ 'a=
ATT T: y
i Sutter, T C, Y~~g RETARY
APP OV D S T FO M AND LEGALITY:
~-v
Tim Sralla, CITY ATTO
Exhibit "A"
• ~ The Land hereby annexed is situated in and bein a art of the
M. Lynch Survey, Abstract No. 953 and the George Akers Survey, Abstract No. 30
Tarrant County, Texas and being more fully descnbed as follows:
4.6 f ACRES
Beginning at the intersection of the centerline of an unnamed creek (approximately 2340 feet east
of the centerline of Big Fossz7 Creek} with. the south Line of the M. Lynch Survey and the north Line
of the G. Akers Survey, Abstract No. 30, Tarrant County, Texas; said intersection point being in
State Highway No, I83; said intersection point also being in the westerly Line of the present City
Limits Line of Richland HiIIs established by the original Incorporation of Richland Hills August 30,
1950; said point also being approximately L430 feet west of the. southeast corner of the Lynch
Survey;, _ .
" THENCE in a southerly direction along the present westerly City Limit Line of Richland Hills to
the south ROW Line of State Highway No. I83 and the north line of Richland Hills South, an
addition to said city; -
THENCE in a westerly direction along said south ROW line of State Highway No. 183 and along
said north Line of said addition to the northwest corner of Lot 6, Block 4 of said addition; said
northwest lot comer also being in the present easterly City Limit Line of Haltom City established
• by Haltom City Ordinance No. 243 dated May 28, 1959; ~ -
THENCE in a northerly direction along -the easterly City Limit Line of Haltom City to its
intersection with the centerline of State Highway No. 26 (formerly State Highway No, I21);
THENCE northeasterly along the centerline of State Highway No. 26 to the most westerly
northwest cornerofpresent and original City Limit Line of Richland Hills dated August 30, 1950;
THENCE in a southeasterly direction along the present City Limits Line of Richland Hills and
along the unnamed creek as located in 1950 to the POl1i
1'I' OF BEGPi
1~TING and containing
approximately 4.6 acres of land more or less.
This description has been prepared ender Rule 66321, Description for Political Subdivision,
Texas Board of Professional Land Surveying.
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• 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 main#ained 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, PLAYGROUNDS AND SWIMMING POOLS
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 capital 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 Hills, 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 cf 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.
SPECIFIC FINDINGS
The City Council of the City of Richland Hills, Texas finds and determines thae
this proposed Service Plan will not provide any fewer services, and it will 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~~ ~~"~'~~~,AAY OF DECEMBER 2005.
o ;
~ = City of Richland Hills, Texas
- -
• ~
- • _
s --c ~ .z~ > ~ a~.
Ida S. Stroder, Mayor
ATTE ~
Ki S ter, T MC, City Secretary
•
•
4~y~ t ! t' ~
~'i i
a ~i
+N
A ~
CITY OF RICHLAND HILLS ~
3200 DIANA DR * ~
"N "!{~6
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 lS PART OF THE OFFICIAL RECORD.
Filed For Registration: 01/30/2006 10:30 AM
Instrument D206027415
OPR 10 PGS $48.00
B•
I IIIIIII III' VIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
D206027415
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.
•