Ord 057-97 6/17/1997ORDINANCE NO. !S 1 -91
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS; CONSENTING TO THE
ANNEXATION OF A CERTAIN 296.88 ACRE TRACT OF LAND
BY THE TOWN OF DEAN, ALL OR A PORTION OF WHICH
LIES WITHIN THE EXTRATERRITORIAL JURISDICTION OF
THE CITY OF WICHITA FALLS; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS ORDINANCE WAS
PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls received a request from the Town of
Dean seeking consent to the annexation of a certain 296.88 acre tract of land in
Clay County, the same to be hereinafter described, all or a portion of which is
located within the extraterritorial jurisdiction of the City of Wichita Falls; and,
WHEREAS, the City of Wichita Falls finds and determines that it is in the
public interest to consent to said annexation by the Town of Dean, in accordance
with §42.023 of the Texas Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. All the preambles and recitals stated hereinabove are
found to be true and correct.
SECTION 2. The City of Wichita Falls hereby consents to the
annexation by the Town of Dean of a certain 296.88 acre tract of land, the same
described in Exhibit A attached hereto and made a part hereof for all purposes, all
or a portion of which lies within the extraterritorial jurisdiction of the City of
Wichita Falls; said consent being granted in accordance with §42.023 of the Texas
Local Government Code.
SECTION 3. It is hereby 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 17th day of June, 1997.
G
ATTEST:
1h i Win
Clerk
[1-ity
Exhibit A
FIELD NOTES
A 296.88 acre tract out of the H. T. & B. R.R. Company Survey, Section 43, Abstract
No. 224, Clay County, Texas, described by metes and bounds as follows:
BEGINNING at a point in the East line of Section 43, H. T. & B. R R. Co. Survey
which is the Southeast corner of a tract conveyed to Gene E Wollenburg in Volume
434, Page 326, of the Clay County Deed Records, said point being in the center of
Evans Road;
THENCE South 00° 38' 14" West, with the East line of said Section 43, and a center
of Evans Road a distance of 440.23 feet;
THENCE South 55° 27' 00" West, parallel to and 500.00 feet Northwest of the
centerline of State Highway No. 79 a distance of 3,595.75 feet;
THENCE North 89° 55' 16" West, parallel to and 500.0 feet North of the centerline
of 77 Ranch Road a distance of 1,843.75 feet;
THENCE North 00° 17' 39" East, parallel to and 500.0 feet East of the centerline of
77 Ranch Road a distance of 4,388.78 feet to a point in the North line of said Section
43;
THENCE South 89° 40'07" East, with the North line of said Section 43, a distance
of 2,141.27 feet to an iron rod;
THENCE South 000 12' 45" West, with the West line of a tract conveyed to Jimmy
Hay, et ux, in Volume 430, Page 78 of the Clay County Deed Records, a distance of
877.11 feet to an iron rod for its Southwest corner;
THENCE South 00° 09' 52" West, with the West line of said Wollenburg tract a
distance of 1,046.47 feet to an iron rod for its Southwest corner;
THENCE North 89° 25' 54" East, with the South line of said Wollenburg tract a
distance of 2,652.84 feet to the PLACE OF BEGINNING.
LAW OFFICES
SHERRILL, CROSNOE & GOFF
A PROFESSIONAL CORPORATION
JOSEPH N. SHERRILL JR. 2301 KELL 9OULEVARO, SUITE 200
R. CAVEN CROSNOE
P. O ORAWCR 97511
ROoERT w. GOFF JR.
WICHITA FALLS, TEXAS -76307-7511
R. KEN NINES
RICHARO K. SOWERSOCK
1940/ 322 3145
WILLIAM f. SMITH
FACSIMILE 19401 322 -6324
May 29, 1997
Greg Humbach, Esq.
City Attorney
City of Wichita Falls
1300 7th Street
Wichita Falls, Texas 76301
Re: Proposed annexation by the town of
Dean, Texas of certain lands owned
by Charlie Rouzer
Our File: 18267.3
Dear Greg:
Pursuant to our telephone conversation yesterday,
enclosed is the revised legal description of the tract of land
awned by Charlie Rouzer in which the town of Dean has indicated
its intent to annex on proper application of Mr. Rouzer. The
enclosed legal description omits that part of the land which is
already within the Dean city limits. Please replace the enclosed
legal description for the legal description we sent you on
05/13/97. Also, we would appreciate your sending us the proposed
ordinance to be approved by the Wichita Falls City Council
releasing the Rouzer lands from the Wichita Falls extraterritorial
jurisdiction.
Thanking you, and with kind regards, we are,
RRB /jac
Enclosure
C MW1e267.no
cc: Mr. Charlie Rouzer
Route 5, Box 355
Wichita Falls, Texas 76301
very truly yours,
SHERRILL, CROSNOE & GOFF
Richard R. Bowersock
Page j__, of 8 Pages
Agenda Item No.
Greg Humbach, Esq.
City Attorney
May 29, 1997
cc: Kerry Roach, Esq.
Gibson & Hotchkiss
807 8th Street, Suite 912
Wichita Falls, Texas 76301
Richard K. Boyd, P.E.
Corlett, Probst & Boyd
1912 Kemp
Wichita Falls, Texas 76309
Page Two
Page 5 of 8 Pages
Agenda Item No.
TOWN OF DEt1N
Ot S1~ "n Nero.
A 5, Dm 3!1
tivfi chifst Falls, racer 76301
May 2, 1997
run Berlin
Citr Eger
1300 71h St
Wichita Faftss. Tans 76301
R& Proposes; stns - Charrie Rouser loads oad : 6&Wstiotr by Town of Dena.
Texas
Deu Mr. Bazina:
Charlie R,ouzer is the owner of a traa of land in the HT&BRR Survey, Abstract 224. tying
unmediately East of North 77 Ranh Road, West of Evans Road, North of the westerly cdcusioo of
Tammen Road (FM 3393) and Northwest of Hwy 79. EwJosed is a copy of a poctioe of the plat
showing this arc and the approximate location and boundwAs of Chark Racer's lands marked in
Ippuk We have ptiAoualy frothed a tug lime pint depicting the Den city snits without attorney's
letter dated April 24, 1997. Such foil pint more fully depicts the rdatioe of the Rouser WAS to the
Dean city Omits.
A portion of Charlie Rouzer's lands is within the city limits of the Town of Dean and the
rnnainda of the lands is within the % mile ETJ of the Town of Dean and withfn the ETJ of the City
of Wchita Falls Charfie Rouzer has been woddog for the last several yeah to
develop a rural ahNsion on the Inds and shtoe the proposed whdcvision 6a within the ETJ of WF,
he has submitted his subdivision plans and doo mrents to the planning department of the Cky of
Wichita Fags seeking approval of the subdtvisioa In July of 1996 Charlie Rot= approached the
WF City Council to consider adopting ant ordinance waiving the requiremews of the aubdnvi m
ordinance of WF requiring placematt of nub and gutter on trot: West We of Evans Road A
proposed ordinance to tint effect was submitted to ttie Council during its session held on bly► 2,
1996. During the comidera w of the proposed ordnance waW Cotmaitors (specifically Councilors
Martin and Hawkins) made inquiry mpr&S the wtMinipiess of the Town of Dart to annex the
Rouser lads and inflated that the Gay Councg might favorably consider releasing 14Ir. Rouzces
lands from the WF ETJ to peratit the Town of Dean to am= the Rouza
We view that the &Wbpmatt of the Routs Imb to esta" a. s"vision he ra chette
type residential use Q be hvm* to the Tows of Dan by oddmg Wdidmd alai by
inaaeing our tax base. 71n of the Rouser lands w" city Imits of
Page 6 of g Pages
Agenda Item No.
Dena by amsaatioq, would add a &xrete and compact area to the cdstiaa tows and with the
&Vdoprpert and toles ofmadeesces &erdn would vg &v* ma em the poPuVd04 of the tows.
You will ante frm the mclosed plat flit the Rmw hands lie close to the iatersectioos of the Misr
� through Dean and would be a natural adjunct to the town by reason of their prommity
The Town of Dean is ready, willing and able to vueu the Router leads by I& gourer'a
petition as the ovam under Section 43.02E of the Local Goverameat Code if wF mama to the
proposed amsoutM In dais regard, the Towns ofDan his engaged beery Roads, a loaf Wiictita
Falb won", to assist us is "owing the X&WtM procedure: and reQttiAU to accoqgM tt
a"aOxWon pmpdy Howlag the Counaa approvd or ooase & He a avthotired to dsassa trod
grew t tbese taattess to the staa'aad Couad Since 1Nr Roaster n danecdy coecerned, re and his
attorney, Ride Bowersock (of the firm SherA Crosnoe A Goff) should also be involved is the
resolution of tWs issue.
Tbank you is advance for the favoW* oomdecation of this matter by you and members of
your staff. If the Matta is placed on the Council agenda, I would appreciate the opportunity for
Kerry Roach and me to address the Council on this muter. Therefore, we request notice of the
addition of the item to the Council agenda.
Thank you for Your courtesies in this regard.
RKRdkw
Ead.
a: Greg Roftch
City Attorney
1300 7th St.
Wwh u Fak Team 76301
Yours ttuly,
SIEVE SICKING, Mayor
Page 7 of 8 Pages
Agenda Item. No.
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Page 8 of 8 Pages
Agenda Item No.
'64 ' y, Affidavit of Publication
ORDINANCE NO. 56-97 Here)
ORDINANCE APPROPRI-
A T I N G FUNDS R E-
CEIVED FROM THE
FEDERAL AVIATION
ORDINANCE NO.57 -97
AN ORDINANCE OF THE
CITY COUNCIL OF THE
CITY O F W I C H I T A
FALLS, TEXAS; CON-
SENTING TO THE AN-
N E X A T 1 0 N O F A
CERTAIN 296.88 ACRE
TRACT OF LAND BY THE
TOWN OF DEAN, ALL OR
A PORTION OF WHICH
LIES WITHIN THE EX-
TRATERRITORIALJU-
RISDICTION OF THE
CITY O F W I C H I T A
FALLS; FINDING AND
DETERMINING THAT
T H E ME E T I N G AT
WHICH THIS ORDINANCE
WAS PASSED WAS OPEN
TO THE PUBLIC AS RE-
QUIRED BY LAW.
9"64—A
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THE STATE OF TEXAS
COUNTY OF WICHITA
On thi
1997
A.D........ ..
Pat
2nd
#593979
day of J u 1 y
personally appeared before me, the undersigned authority
Chamberlain 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:
June 29, 1997
Bookkeeper for Times Publishing Company
of Wichita Falls
Subscribed and sworn to before me this the day and year first above written: