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Home My WebLink AboutOrdinance 10370ORDINANCE NO. AN ORDINANCE DISANNEXING AND DISCONTINUING TERRITORY FROM WITHIN THE CORPORATE LIMITS OF THE CITY OF FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN DIRECT CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; AND PROVIDING FOR SEVERABILITY AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the hereinafter described territory within the corporate limits of the City of Fort Worth, Texas, be and the same is hereby disannexed and discontinued as part of the City of Fort Worth, Texas, said territory being described as follows: Being a portion of the Hiram Little Survey, Abstract #930 in Tarrant County, TX, situated about 11 miles southerly from the courthouse in Tarrant County, TX. Being a portion of the land annexed by the City of Fort Worth City Council Ordinance #7679, said Ordinance recorded in City Council Minute Book L -2, Pages 501 -503, said portion lying south of the south line of Oak Grove Road East, also known as County Road #1023 and east of the east line of Oak Grove Road South, also known as County Road #1004, and said area being a portion of Smallwood Estates Addition and containing approximately 112 acres of land. SECTION 2. That the above - described territory is shown on the attached map marked Exhibit "A" on file in the office of the City Secretary of the City of Fort Worth, Texas, which map is expressly incorpo- rated herein by reference for the purpose of illustrating and depciting the location of the hereinabove described territory. SECTION 3. That this ordinance shall and does hereby amend every prior ordinance in direct conflict herewith, but as to all other ordinances or sections of ordinances not in direct conflict herewith, this ordinance shall and the same is hereby made cumulative. SECTION 4. That it is hereby declared to be the intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, if any phrase, clause, sentence, or paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of such unconstitutional phrase, sentence, pargraph, or section. SECTION 5. That this ordinance shall be in full force and effect from and after the date of its passage by the City Council, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: b - a9- y? Adopted: I I JQI-�2(71 / p Effective: D Staff Information Report -- Page 1 A -89 -6 DISANNEXATION: SMALLWOOD ESTATES (Approx. 112 Acres) In Southeast Tarrant, East of Interstate 35W South at the intersection of Oak Grove Road South and Oak Grove Road East Ms Aliece Watts acting on behalf of the home owners in Smallwood Estates has submitted a petition to the Fort Worth City Secretary requesting that the area known as Smallwood Estates be disannexed from the corporate limits of the City of Fort Worth. The total area being considered for disannexation is approximate- ly 112 acres, and was annexed on January 24, 1978 by Ordinance No 7679 There are 86 registered voters in the area No common boundary adjustments with other cities will be required for disannexation since the area will be released into the exclusive Extraterritorial Jurisdiction of Fort Worth. Smallwood Estates is currently in Council District 6. Planning Department The Planning Department provides planning and zoning services to the citizens of Smallwood Estates. This proposal could adversely affect adjacent development of undeveloped properties in the vicinity. If the area is disannexed, because of the absence of zoning controls in the area, there could also be adverse land use developments in Smallwood Estates that may affect the livability of the area and the future value of existing properties. Park and Recreation Department The Park & Recreation Department does not own or maintain any park or recreation facilities in Smallwood Estates, nor are any planned in the foreseeable future From this Department's point of view, there is no adverse .impact to disannexa- tion considering the projections we have made for the next decade Water Department The area in question was annexed in 1978 and since that time the City has pro- vided full services to the extent that 1) the services were permitted by State law or 2) the citizens in the area chose to avail themselves Under the City's subdivision ordinance and policies, water and sewer services may be extended by petition and upon payment of specified charges. Inasmuch as Smallwood Estates was provided water services by a privately held company, which possess the exclusive certification to serve the area, Fort Worth water has not, and could not, be provided in the area. Nevertheless, the area was served by a company which held State granted service rights and in return the company was obligated to provide service at acceptable service level standards Under the State public policy governing such matters, the Water Company agreed to provide adequate ser- vice with reasonable rates and the State agreed that in return for this commit- It no competition would be permitted. It is the Department's understanding that citizens in the water company service area perceived inadequate service and voted to form a fresh water supply dis- trict to acquire the water company. This has been accomplished and the area is now served by the Tarrant County Fresh Water Supply District. Staff Information Report - Page 2 Several similar circumstances now exist within the Fort Worth corporate limits and the extraterritorial jurisdiction. In the eyes of the State, a public utility possessing a certificate of convenience and necessity is not obligated to meet rigid fire protection or other standards normally provided by the City of Fort Worth. Currently no resident within the subject area has water service with the Fort Worth Water Department. The Water Department has some water facilities in the area of and adjacent to the subject area requesting disannexation. However, the subject area is within the Certificate of Convenience and Necessity of the Tarrant County Fresh Water Supply District. State law prohibits another water supply organization. To provide water to this area would normally require an agreement with the current water supply organization operating in the area along with Texas Water Commission approval. The Fort Worth Water Department is currently requesting that this area be dual certified to allow Fort Worth Water service to Fort Worth citizens who may wish to request it. It is uncertain whether the Texas Water Commission, which does not normally approve dual certification (unless both parties agree), will approve the dual certification. Should the disannexation be approved, the Fort Worth Water Department will cease all attempts to acquire either the existing inter system in Smallwood Estates or the right to provide service. Currently, it appears that no residents within the subject area have sewer ser- vice The Water Department has sewer facilities nearby and adjacent to the sub- ject area Service to any individual resident currently can be afforded by either application for service or application for extension /service providing all normal tap charges, extension charges, front foot charges, system access fees or other ordinance /policy charges that will apply, in accordance with the "Policy for the Installation of Community Facilities ". Due to the difference in cost, the individual residents have chosen to use septic tanks. Should the subject area be disannexed, then the individual residents could not apply to the Water Department for Sewer Service, unless the City Council approved including this area within the pending City of Fort Worth wastewater service area certificate of convenience and necessity. Transportation and Public Works Department The City currently operates and maintains seven street lights in the area We have also installed and maintain two street name signs. Both the lights and the signs would have to be removed if the area is disannexed. The approximate cost of removing the lights and signs is less than $500.00. A map is attached showing the street light locations. The area to be disannexed must not include the dedicated right -of -way for Forest Hill- Everman Road and must be coincident with the ultimate 120 foot right -of -way of that road (Development Department Note: Smallwood Estates is approximately 1,200 feet away from both the existing and proposed right -of -way for Forest Hill- Everman Road) Staff Information Report - Page 3 Fire Department The Fort Worth Fire Department is providing this area with best basic fire protection and emergency medical service available. Basic fire protection and emergency medical response into the area is from Fire Station No 28, located at 1224 Everman Pkwy. This station houses a first line 1500 G P M. pump and an attack unit with a response time of approximately 6.3 minutes This basic unit provides services to the area for all EMS emergencies, grass, brush, trash, vehicle and all other non - structure fire calls. A standard structure fire response into the area consists of Pump 17 and Quint 17 located at 212 E Felix St , Pump 29, located at 6400 Westcreek Dr., and one Chief Officer, with a response time of the first due unit arriving in 6 3 minutes and the remainder of the assignment in approximately 12 minutes. Response time will be improved when planned Fire Station 34, located at Hwy 1187 and the South Freeway is constructed and operational. Police Department The area in question is in the southeast area of the City and is nearest to Police Reporting Area (PRA) F400. The disannexation of 112 acres of the area known as Smallwood Estates from the corporate limits of the City of Fort Worth would have no effect on Police operations Health Department The Department of Public Health does not object to the disannexation of Smallwood Estates from the corporate limits of Fort Worth. There are no plans in the immediate future for any clinic building projects in this area. The nearest existing clinics for Fort Worth residents are the County's Southwest Clinic and the City's Worth Heights Clinic. The Disease Control Division reports there are no records of disease control initiatives being directed toward this area. In regard to Environmental Health Services, this Department did approve the installation of seven septic systems since the annexation in 1977 City Services Department The Solid Waste Management Division of the Department of City Services does pro- vide garbage collection in the Smallwood Estates area. The Solid Waste Manage- ment Division services approximately 40 to 50 customers in this neighborhood Additionally, the Code Enforcement Division receives and investigates citizen complaints regarding high weeds and illegal dumping in the area Department of Law The Department of Law has no objections to the subject disannexation, provided the City Secretary reports to the City Council that the Petition for Disannexation is legally sufficient. CONTINUED ON MAP 106" YJ -L om O GROVE E O owft 0 la 4! STREET LIGHTS Ic !ELSON 01- u P .,,O,LE AN KG -RENDON . . . . . . . . . . . . . . . . . . . . . . AK O OVE R ND014 RD 16 NOCKINGBIRD Z LEE 0 BR z 0 HICNELL� 2 OJE RD W REDBIRD E D z z Z z 0 u 0 HU Is N DOROTHY AROL" JACKI aCT N Y > LU TRIMBLE WEEPING WILLOW , C'Mapsco, Inc. BOB IdHITE TRAIL FIREWOOD ti 19 81- ,44IS?[RING OAK KS THOUS Ls W, uS Tq SCALE in METERS 0 500 1000 BOOK PAGE 1120 TIMBI IWELINE WILL IILL rol f NOT MAPPED DETAIL MAP SECTION STARTS ON INDEX PAGE 123 N"', SCALE In FEET 0 1000 2000 3000 Y.. z /' ER FILE.E ACCOUNTING+* City ®f ' Fort Worth, Texas aRANSpORTATiDN(PUBLI W t?t ®r and Council Communication MATER ADMINISTRATION 4 '(,/(/� (►�.J - �Kswrwc.sp.ATE REFERENCE SUBJECT ORDINANCE DISANNEXING SMALL- PAGE NUMBER WOOD ESTATES ADDITION (APPROX. 112 1 "�'""1M4• I 8/29/89 G -8184 k ��` ACRES FROM THE CITY OF FORT WORTH ' °f urla RECOMMENDATION: wlai It is re commended that the City Council. decide whether to adopt the attached ordinance disannexing the subject property from the corporate limits of the City of Fort Worth. DISCUSSION: - Ms. Aliece Watts, acting on behalf of the home owners in Smallwood Estates, has submitted a petition to the Fort Worth City Secretary requesting that the area known as Smallwood Estates be disannexed from the corporate limits of the City of Fort Worth. The city staff has investigated the proposed disannexation and has submitted the attached Staff Information Report. The total area being considered for disannexation is approximately 112 acres, and was annexed into the city on January 24, 1978 by Ordinance No. 7679. - There are approximately 80 registered voters in the area. No common boundary adjustments with other cities will be required for disannexation since the area wi 1 l be released into the exclusive Extraterritorial Jurisdiction of Fort Worth. Smallwood Estates is currently in Council District 6. LOCATION: The subject property is located in Southeast Tarrant, East of Interstate 35W South at the intersection of Oak Grove Road South and Oak Grove Road East. If disannexed, it would be released from City Council District 6. DAI.j /6 Attachment APPROVED BY CITY COUNCIL AUG 29 I9e9 City SeccetaFV of the City*' ran Worth, T*XG9 SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY OFFICE BY David Ivory ❑ APPROVED ORIGINATING ❑ OTHER (DESCRIBE) DEPARTMENT HEAD- J. Bi lardi CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Brooks 8116 Adopted Ordin nce No. DATE