Ord 106-97 10/7/1997ORDINANCE NO. J06 q /
AN ORDINANCE ANNEXING AN AREA GENERALLY REFERRED TO
AS THE KOVARIK ROAD AREA; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the development potential of the area described herein creates a
need for the City to exercise its right to annex lands within an extraterritorial jurisdiction
granted by the State Legislature to protect the area from negative impacts resulting
from the effects of uncontrolled development; and,
WHEREAS, the effects of uncontrolled development to the existing City could be
detrimental to the welfare of the City and constrain its ability to attract development
which reflects a positive image of the City; and,
WHEREAS, application of existing City ordinances are necessary to protect and
enhance the quality of life in the area; and,
WHEREAS, public hearings have been conducted in accordance with
requirements for such under Chapter 43.052 of the Texas local Government Code; and,
WHEREAS, a plan for the provision of municipal services has been available
prior to the public hearings and included herein as Attachment A in accordance with
Chapter 43.056 of the Texas local Government Code; and,
WHEREAS, the area under consideration for annexation has a spatial layout and
use of land which may be conducive to the keeping of animals and fowl, which may
define the character of the area, and where there is a need to evaluate existing
regulations affecting same; and,
WHEREAS, the City Council deems that the annexation of the area defined
herein is in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The area described in Attachment A, Service Plan, is hereby
annexed into the City of Wichita Falls.
SECTION 2. Attachment A, Service Plan, is hereby adopted and considered a
contractual agreement for the City to provide services as described therein, and subject
to amendment as provided by State law.
SECTION 3. All provisions of the Code of Ordinances of the City of Wichita
Falls shall be in effect on the effective date of this Ordinance, with the exception that a
180 day moratorium shall exist on the application of Chapter 5 Animals and Fowl,
.Article VI Keeping of Animals, Fowl, Livestock, Wildlife: Regulations and Sanitation
Requirements, save and except those provisions under Article VI which are subject to
regulations by other governmental entities, to allow sufficient time to study the area and
make recommendation as to the keeping and maintenance of animals and fowl within
the City.
SECTION 4. It is hereby officially found and determined that the meeting at
which this Ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 7th day of October, 1997.
r
MAYOR
ATTEST:
a
Clerk .
ATTACHMENT A
City of Wichita Falls
ANNEXATION SERVICE PLAN
Generally Referred to as the
KOVARI K ROAD AREA
September 1997
INTRODUCTION
Pursuant to Chapter 43 of the Texas Local Government Code, the City of Wichita Falls
has prepared this Service Plan for the delivery of municipal services to an area
proposed for annexation by the City. This area is shown by a map herein labeled
Exhibit A, and further described by field notes in Exhibit B.
The area proposed for annexation contains approximately 2,724 acres. Land uses in
the area are comprised of 107 single - family detached dwellings, 5 mobile /manufactured
homes and 12 non - residential land uses or commercial land uses.
Based on procedures used in the 1990 Census to determine population, a multiplier of
2.71 persons per household has been used to calculate the population of this area.
This process produces a population of 303.
The reasoning for this annexation is based on three primary factors:
1. Development which has occurred during recent years,
2. Development potential for the area, and
3. The need to protect the integrity of existing land uses by the application of
controls intended "...to promote and protect the general health, safety, morals
and welfare of persons residing in and adjacent to the municipalities." (42.001
LGC), which are intended to help ensure quality development consistent with the
area's potentials and plans.
Once development pressures increase in an area, a municipality should have sufficient
land use controls in place so that a logical pattern of development may occur. Not
having such controls in place puts the municipality's future development and taxing
potential at -risk, and where the consequence of development could be at the detriment
of the City.
Many of the residents in the area rely upon deed restrictions to control land use or
negative impacts from adjacent land uses. Over time, deed restrictions and restrictive
covenants have little effect on future development, as has been demonstrated a
number of times within the existing City Limits.
EXHIBIT "A"
ANNEXATION
BOUNDARY
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ANNEXATION o
BOUNDARY
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CITY LIMITS
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EXHIBIT B
Field Notes
Beginning at the point of the northern City Limit line created by an annexation under
Ordinance No. 1869 Tract I, and its intersection with the east right -of -way line of FM
369;
THENCE northerly along the east right -of -way line of FM 369 to its intersection with the
south bank of the Wichita River;
THENCE generally easterly, following the meanders of the south bank of the Wichita
River to a point of intersection with the City limit line created by Ordinance No. 95 -94;
THENCE westerly along the present City limit line defined by Ordinance No. 95 -94 and
3746 (Tract III) to a point for corner in the northwest corner of said Tract III;
THENCE southerly and easterly along the existing City limits line defined in Ordinance
No. 3746 (Tract III) to a point in the east right -of -way line of Turtle Creek Road;
THENCE southerly and easterly along the east right -of -way line of Turtle Creek Road,
also being a westerly City limit line defined by Ordinance No. 1909 to a point for comer
at the most southerly tip of the City limit line described by Ordinance No. 1909;
THENCE continuing southerly along a western City limit line defined by Ordinance No.
1856, to an intersection with a northwestern City limit line described in Ordinance No.
1869 (Tract 1);
THENCE southwesterly, northerly and westerly, along the northerly and easterly City
limit line described by Ordinance No. 1869 (Tract 1), to a point on the east right -of -way
line of F.M. 369 for PLACE OF BEGINNING, being 2,724 acres more or less.
SERVICES TO BE PROVIDED WITHIN 60 DAYS OF ANNEXATION
This area will be served using the same standards for responses, and the same
investigative services as available to other areas of the City.
Response times to the area will be within acceptable parameters.
2. Fire protection and suppression personnel and equipment from the Wichita Falls
Fire Department will be provided upon request using existing personnel and
equipment. The services of the City of Wichita Falls Fire Marshall shall be
provided within the same time frame.
Parks
1. Open park areas for picnicking will be available to all resident of the annexed
area on the same basis as residents presently residing within the City Limits.
2. Services provided will be identical to those provided to persons living in other
areas of the City.
it
Library services identical to those services to persons living in other areas of the City
will be provided to the annexation area.
Solid Waste Collection
The City will supply curbside manual service by extending our current manual
collection service routing. The collection of solid waste from the individual
properties and containers shall be made in accordance with usual department
scheduling and rates.
2. Commercial refuse collection services will be provided to any business located in
the annexed area under the same rate, procedures and regulations as presently
provided for any business customer within the City upon request.
3. The use of the City's sanitary collection facilities and transfer station(s) will be
available to all residents of the newly annexed area, and on the same basis as
those residents living within the City Limits.
Maintenance of Streets and Roads
Maintenance of streets and roads shall be on a level comparable to that provided for
other areas of the City with similar roads, equivalent population densities, degrees and
nature of development, traffic patterns, and other factors influencing street
maintenance.
Water and Wastewater Facilities
Maintenance
1. Maintenance of water facilities will include those facilities installed by the City or
installed according to City standards and specifications.
2. Wastewater or sanitary sewerage will be in accordance with individual
application of septic systems, which shall be the responsibility of the property
owner or tenant. The City will maintain facilities installed by the City or installed
according to City standards and specifications.
Development
1. The City will pursue acquisition of the affected portion of the Wichita Valley Water
Supply Corporation in accordance with the terms of amendments to a contract dated
August 6, 1991.
2. Due to the existence of a water service system with sizing that may not meet City
standards for supply and fire suppression, the City will replace existing water lines
as needed, which may include service lines to the meter and meteF replacements.
Such trunk line replacement shall be substantially completed within twenty -four (24)
months of the effective date of annexation. The attached Exhibit "C" indicates a
preliminary draft of the water system changes, with details subject to final
engineering.
3. Additional extensions of a water system shall be at the expense of the "applicant"
as per Chapter 32, Article IV and the Comprehensive Subdivision Ordinance of the
Code of Ordinances of the City of Wichita Falls.
4. Sanitary sewer extensions shall be at the expense of the "applicant" in accordance
with Chapter 32, Article IV and the Comprehensive Subdivision Ordinance of the
Code of Ordinances of the City of Wichita Falls.
Planning and zoning services will be provided immediately upon annexation. In
addition to the protection of property values through the enforcement of zoning
and subdivision regulation, other services including the processing of
applications for zoning change and site plan review will be provided by existing
City staff.
2. All properties annexed into the City will be annexed according to existing land
use patterns, trends and projections. Future rezoning of properties will be
handled in accordance with existing City procedures. Existing land uses in
conflict with permitted uses of zoning districts shall be deemed nonconforming,
and shall continue to operate in accordance with Section 6100 of the Zoning
Ordinance.
Engineering Services
Engineering services, including the review of development plans, issuance of permits
as required in the development phase, and the inspection of the installation of water
and sanitary sewer mains, storm sewers, and the paving of streets and alleys, will be
provided immediately by public works personnel.
Code Enforcement
Code enforcement will ensure that annexed properties are in or will be brought into
compliance with existing City policies.
Building Inspection Services
Inspection services, including the review of building plans, the issuance of permits and
the inspection of all buildings, plumbing, mechanical, and electrical work to ensure
compliance with City codes and ordinances, will be provided by Building Inspection
personnel.
Traffic Services
Installation of needed or necessary traffic signs, including street name, warning and
regulatory signs, will be installed and maintained by existing personnel according to
established procedures and priorities. Traffic counts and other related studies will be
conducted as warranted, using the same procedures and guidelines as practiced within
the City.
Environmental Health and Code Enforcement Services
1. Complaints of ordinance violation or other code violations within the area will be
answered and investigated by existing personnel.
2. Animal control services will be provided to those areas within the annexed area
using existing personnel and equipment.
3. Vector control services will be provided to those areas within the annexed area
using existing personnel and equipment.
JLVAM zM Vz 1 rr�
General municipal administration and administrative services of the City will be
available to the annexed area beginning with the effective date of the annexation
ordinance.
SERVICES TO BE PROVIDED WITHIN 4' /z YEARS OF ANNEXATION
A map indicating the approximate location of existing water lines, purchased from the
Wichita Valley Water Supply Corporation is attached as Exhibit C.
There are no current plans for any capital improvements for sanitary sewerage to be
provided within the annexed area.
EXHIBIT "C"
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ANNEXATION
BOUNDARY
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KOVARIK RD.
12' 12'
ANNEXATION
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NOTE: WATER LINE LOCATIONS ARE APPROXIMATE LEGEND
AND PROVIDED FOR ILLUSTRATION ONLY. PROPOSED WATER LINE
THE EXACT LOCATION MAY VARY. - - - - - - - EXISTING WATER LINE OWNED BY C.W.F.
i
j;.dRDI,NANCE NO. 96-97 A
"ORDINANCE `'APPROPRI-
'AVrN_G-FUNDS'RE-
C'EIVED-FROM THE 1
FEDERAL'AVIATION 'AD-
MINISTRATION -
ORDINANCE NO.97 -97
AN ORDINANCE REZON- Iere)
'ING- THE `NOR.TH:POR -'
TION'OF'LOTS 1 =A & 2,
BLOCK 28; FOUNTAIN
PARK SECTION 18 -B,
WICHITA FALLS, TEXAS
FROM SINGLE FAMILY -1
RESIDENTIAL TO GEN-
ERAL COMMERCIAL
ZONING; FINDING AND
DETERMINING THAT
THE MEETING AT
WHICH THIS ORDINANCE
WAS PASSED WAS OPEN
TO THE PUBLIC AS RE-
QUIREDBYLAW
ORDINANCE NO.98 -97
AN ORDINANCE WAIV-
ING SECTION 4220(1), OF
THE ZONING ORDI-
NANCE, GOVERNING
THE PLACEMENT OF A
CARPORT IN THE FRONT
SETBACK AT 4526 ALAMO
DR.; FINDING AND DE-
TERMINING THAT THE
MEETING AT WHICH
THIS ORDINANCE WAS
PASSED WAS OPEN TO
THE PUBLIC AS RE-
QUIRED BY LAW
ORDINANCE NO.99 -97
0M AN ORDINANCE APPRO-
PRIATING FUNDS AP-
PROVED FROM THE
TEXASDEPARTMENT
�d OF HOUSING AND COM-
1 M U N 1 T Y A F F A I R S
(TDHCA) FOR THE XAS
i EMERGENCY SHELTER r" 5-97
1uy- GRANTS PROGRAM;
FINDING AND DETER-
MINING THAT THE
MEETING AT WHICH
THIS ORDINANCE WAS
PASSED WAS OPEN TO
THE PUBLIC AS RE-
':I QUIREDBYLAW
ORDINANCE NO.100 -97
ORDINANCE WAIVING
APPENDIX A, SUBDIVI-
SION 9(B)(2)(a) OF.THE.
CODE OF ORDINANCE
WITH RESPECT TO
PLACING CURB AND
GUTTER ON THE WEST
SIDE OF BARNETT ROAD
ADJACENT TO THE EAST
LINE OF LOT 1, BRAD-
LEY ADDITION
ORDINANCE NO.101 -97
ORDINANCE WAIVING
APPENDIX A, SUBDIVI-
SION SECTION 9(B)(2)(a)
OF THE CODE OF ORDI-
NANCES WITH RESPECT
TO PLACING CURB AND
GUTTER ON THE SOUTH-
EAST SIDE OF.STATE
HIGHWAY 79 ADJACENT
TO THE NORTHWEST
LINE OF LOT 1, BLOCK 1,
DEFORDADDITION
ORDINANCE NO.102 -97
ORDINANCE WAIVING
APPENDIX A, SUBDIVI-
SION 9(8)(2)(a) OF THE
CODE OF ORDINANCES
WITH RESPECT TO
PLACING CURB AND
GUTTER ON THE NORTH
SIDE OF OPPORTUNITY
DRIVE ADJACENT TO
THE SOUTH LINE OF
WORK SERVICES COR-
PORATION TRACT
ORDINANCE NO. 103-97
ORDINANCE MAKING
AND APPROPRIATION
OF $7,485 TO THE GEN-
ERAL FUND FOR ADDI-
T Z O N A L G R A N T
REVENUE RECEIVED
FROM THE TEXAS DE-
PARTMENT OF HEALTH
AND AUTHORIZING THE
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
#709884
On this 29th day of October
A.D.....199,7 . . . personally appeared before me, the undersigned authority
Courtney Howard bookkeeper
for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
Times/Record News, a newspaper published at Wichita Falls in Wichita County,
Texas, and upon being duly sworn by me, on oath states that the attached
advertisement is a true and correct copy of advertising published
in one (1) issues thereof on the following dates:
October 26, 1997
Bookkeeper for Times Pu lishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
I
WORK SERVICES COR-
PORATION TRACT
ORDINANCE NO. 103-97
ORDINANCE MAKING'
AND APPROPRIATION
OF $7,485 TO THE GEN-
ERAL FUND FOR ADDI-
T 1 0 N A L G R A N T
REVENUE RECEIVED
FROM THE TEXAS DE-
PARTMENT OF HEALTH
AND AUTHORIZING THE
CITY MANAGER TO EXE-
CUTE CONTRACT AC-
CEPTING SAME
ORDINANCE NO. 104-97
AN ORDINANCE OF THE
CITY COUNCIL OF THE
„ CITY•OF:'WICHITA
FALLS, TEXAS, AMEND -
ING CHAPTER 15, ARTI-
CLE 1 OF THE CODE OF
ORDINANCES REGULAT-
ING THE SALE, USE,
STORAGE AND MANU-
FACTURING OF FIRE-
WORKS AT SECTION
15 -1(b); (c); AND (i);
PROVIDING FOR INCLU-
SION IN THE CODE OF
ORDINANCES; FINDING
AND DETERMINING
THAT THE MEETING AT
WHICH THIS ORDINANCE
WAS PASSED WAS OPEN
TO THE'PUBLIC AS RE-
QUIRED BY LAW
ORDINANCE NO.105 -97
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY OF WICHITA
FALLS, TEXAS, APPROV-
ING FUNDING OUT -OF
THE 4A SALES'TAX REV-
ENUES IN.THE AMOUNT
OF $400;000 TO BLUE
CROSS AWD BLUE
SHIELD OF TEXAS FOR
PHASE 1 OF THE BLUE
CROSS AND B L U E
SHIELD RELOCATION TO
2215 SOUTHWEST PARK
WAY;'FINDING'AND DE-
TERMINING :THAT THE
MEETING AT WHICH
THIS ORDINANCE WAS
- -___ PASSED WAS OPEN TO
THE PUBLIC AS RE-
QUIRED BY LAW
ORDINANCE NO.106 -97
AN ORDINANCE ANNEX-
ING AN AREA GENERAL-
LY REFERRED TO AS
THE KOVARIK ROAD AR-
EA; FINDING AND DE-
TERMINING THAT'THE
MEETING AT WHICH
THIS ORDINANCE WAS
PASSED WAS OPEN TO
THE PUBLIC AS RE-
QUIRED BY LAW
ORDINANCE NO. 107-97
AN ORDINANCE ANNEX-
ING AN AREA GENERAL-
LY REFERRED TO AS
THE KIEL ROAD /287 AR-
EA; FINDING AND DE-
TERMINING THAT THE
MEETING AT WHICH
THIS ORDINANCE WAS
PASSED WAS OPEN TO !
THE PUBLIC AS RE- `
QUIREDBYLAW
are)
Affidavit of Publication
THE STATE OF TEXAS
COUNTY OF WICHITA
#709884
On this 29th day of October
AD ..... 199.7 . . . personally appeared before me, the undersigned authority
Courtney Howard. bookkeeper
for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
Times /Record News, a newspaper published at Wichita Falls in Wichita County,
Texas, and upon being duly sworn by me, on oath states that the attached
advertisement is a true and correct copy of advertising published
in one (1) issues thereof on the following dates:
October 26 1997
Bookkeeper for Times Pu lishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above written: