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Home My WebLink AboutOrdinance 3107 ORDINANCE NO. 3107 AN ORDINANCE ENACTING REGULATIONS NECESSARY FOR THE ESTABLISHMENT OF A MUNICIPAL SETTING DESIGNATION FOR A 1.599 ACRE TRACT OF LAND KNOWN AS A PORTION OF LOT 1 AND LOT 2R, BLOCK 1 OF FIVE STAR FORD ADDITION WITHIN THE CITY OF NORTH RICHLAND HILLS, TEXAS; ESTABLISHING A PENALTY AND PROVIDING FOR PUBLICATION WHEREAS, the City Council has been requested to establish prohibitions against the pumping, extraction and use of groundwater pursuant to Section 401.005, Texas Local Government Code and Section 361.0865(a)(2) Texas Health and Safety Code at a site specific location in the City in order to support a Municipal Setting Designation under Subchapter W of Chapter 361, Texas Health and Safety Code; and, WHEREAS, the City of North Richland Hills is a municipality with a population in excess of 20,000 and owns its own retail public utility system; and, WHEREAS, the City Council finds that such request is appropriate and that this Ordinance is necessary to protect the health and safety of persons within its corporate limits; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: The pumping, extraction and use, whether potable or otherwise, of groundwater less than 50 feet deep beneath property described on Exhibit A hereto by any persons other than retail public utilities is hereby prohibited. Section 2: Any person, firm or corporation violating any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Two Thousand Dollars ($2,000.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Ordinance No. 3107 Page 1 of 4 AND IT IS SO ORDAINED. PASSED AND APPROVED on this the 23rd day of August, 2010. �R I`nCr� u CI mo o : ' 'e * o' r Oscar Trevino, Mayor T EST / Patricia Hutson, City Secretary APP •V - 5 S TO ORM AND LEGALITY: ti 4*-J4111 George A. Staple., City Attorney APPROVED AS TO CONTENT: Mike Curtis, Managing Director 9 g Ordinance No. 3107 Page 2 of 4 EXHIBIT A PROPERTY DESCRIPTION BEING A 1.559 ACRE TRACT OF LAND SITUATED IN THE J.M. VANDUSEN SURVEY, ABSTRACT NO. 1588, CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS, BEING A PORTION OF LOT 1 AND LOT 2R, BLOCK 1 OF FIVE STAR FORD ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD IN CABINET A, SLIDE 9172, PLAT RECORDS OF TARRANT COUNTY, TEXAS, (P.R.T.C.T.), AND A PORTION OF LOT 1, BLOCK 3, EXXON WEST ADDITION, AN ADDITION TO THE CITY OF NORTH RICHLAND HILLS, ACCORDING TO THE PLAT THEREOF FILED FOR RECORD IN VOLUME 388 -199, PAGE 20, P.R.T.C.T. AND ALSO DESCRIBED IN SPECIAL WARRANTY DEED TO PACK PROPERTIES IV, L.L.C., FILED FOR RECORD UNDER THE COUNTY CLERK'S FILE NUMBER D203467460, DEED RECORDS OF TARRANT COUNTY, TEXAS, (D.R.T.C.T.), AND DESCRIBED IN SPECIAL WARRANTY DEED TO PACK PROPERTIES FILED FOR RECORD IN VOLUME 11794, PAGE 297, D.R.T.C.T., SAID 1.559 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) BRASS MONUMENT FOUND FOR THE SOUTHERLY END OF A CORNER CLIP AT THE INTERSECTION OF THE SOUTHERLY RIGHT -OF -WAY LINE OF NORTHEAST LOOP 820, (A VARIABLE WIDTH PUBLIC RIGHT -OF -WAY) WITH THE WESTERLY RIGHT -OF -WAY LINE OF RUFE SNOW DRIVE, (A VARIABLE WIDTH PUBLIC RIGHT -OF -WAY); THENCE ALONG SAID WESTERLY RIGHT -OF -WAY LINE, THE FOLLOWING: SOUTH 00 °26'14" WEST, A DISTANCE OF 105.04 FEET (SOUTH 00 °13'40" WEST - 104.91 FEET - RECORD) TO A TXDOT BRASS MONUMENT FOUND FOR CORNER; SOUTH 03 °52'20" EAST, A DISTANCE OF 63.19 FEET (SOUTH 03 °51'54" EAST - 63.29 FEET - RECORD) TO A TXDOT BRASS MONUMENT FOUND FOR CORNER; SOUTH 00 °14'35" EAST, A DISTANCE OF 21.87 FEET TO A 5/8 -INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY + PARTNERS" SET FOR CORNER IN THE COMMON LINE OF LOT 1, BLOCK 1 AND LOT 2R, BLOCK 1 OF THE AFOREMENTIONED FIVE STAR ADDITION; Ordinance No. 3107 Page 3 of 4 EXHIBIT A Cont'd THENCE SOUTH 89 °18'29" WEST ALONG SAID COMMON LINE, AT A DISTANCE OF 251.25 FEET (SOUTH 89 °15'50" WEST - 251.25 FEET - RECORD) PASSING THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK 1 FROM WHICH A 1/2 -INCH IRON ROD WITH CAP STAMPED "HALFF ASSOC., INC." BEARS SOUTH 43 °51'35" WEST, A DISTANCE OF 0.19 FEET, CONTINUING IN ALL FOR A TOTAL DISTANCE OF 300.17 FEET TO A P.K. NAIL WITH WASHER STAMPED "BURY + PARTNERS" SET FOR CORNER; THENCE NORTH 00 °27'42" WEST, A DISTANCE OF 237.26 FEET TO A 5/8 -INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED "BURY + PARTNERS" SET FOR CORNER IN THE AFOREMENTIONED SOUTHERLY RIGHT -OF -WAY LINE OF NORTHEAST LOOP 820; THENCE ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE THE FOLLOWING: SOUTH 85 °38'24" EAST, A DISTANCE OF 110.36 FEET TO A TXDOT BRASS MONUMENT FOUND FOR CORNER; NORTH 89 °17'42" EAST, A DISTANCE OF 71.22 FEET TO A TXDOT BRASS MONUMENT FOUND FOR CORNER; NORTH 87 °11'20" EAST, A DISTANCE OF 83.48 FEET TO A TXDOT BRASS MONUMENT FOUND FOR CORNER; SOUTH 40 °04'49" EAST, A DISTANCE OF 52.60 FEET TO THE POINT OF BEGINNING; CONTAINING A COMPUTED AREA OF 67,900 SQUARE FEET OR 1.559 ACRES OF LAND. Ordinance No. 3107 Page 4 of 4 INVOICE Star - Telegram Customer ID: CIT13 400 W. 7TH STREET Invoice Number: 312229581 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 9/20/2010 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 9/30/2010 Bill To: PO Number: CITY OF NORTH RICHLAND HILLS /SE PO BOX 820609 Order Number: 31222958 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Aun: STACEY HARRISON Publication Dates: 9/17/2010 - 9/20/2010 Description Location Col Depth Linage _ MU Rate Amount CITY OF NORTH RICHLAND HILLS CITY OF NO ORDINANCE NO. 3107 13580 1 33 33 LINE, $0.36 $23.76 An Ordinance enacting regulations necessary for the establishment of a Municipal Setting Designation for Misc Fee a 1.599 acre tract of land known $26.40 as a portion of Lot 1 and Lot 2R, Block 1 of Five Star Ford Addition within the City of North Richland Hills, Texas; establishing a penalty and providing for publication. Any person, firm or corporation Net Amount $5.16 violating any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon final n an amount convict n tto he rexceed eof fi nT e wd o iThou. ` ♦``t``o`11LI1�1111�// sand Dollars ($2,000.00). Each day ♦ c '� 0 ` any such violation shall be allowed �♦ 4, ? Q •�• P to continue s ?S hall constitute a � (1�•, �.y separate violation and punishable sy hereunder. a V : . 2 o �o •� s Passed and Approved on this 23rd 1 day of August, 2010. : 7� /s /Oscar Trevino ��••: Oscar Trevino -Mayor ATTEST: i . ,�O Patricia Hutson - City Secretary ��i • •••�PIF� ' ♦ ♦ ♦♦ APPROVED /s /Patricia Hutson 4 5 •' LEGALITY: AS TO FORM AND '�/ • • • • • • �? ♦ ♦♦ THE STATE /s /George Staples ,' �� / /1►1 George Sta ples - City Attorney County of TarranT -__ Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390 -7501 Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, Se e?/r3 2010. / Notary Public Thank You For Your Payment --------------------------------------------- Remit To: Star - Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 312229581 Invoice Amount: $50.16 PO Number: Amount Enclosed: $