HomeMy WebLinkAboutOrdinance 22435-09-2016 ORDINANCE NO. 22435-09-2016
AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING
FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE
CITY OF FORT WORTH; PROVIDING FOR FULL-PURPOSE
ANNEXATION OF A CERTAIN 1.83 ACRES OF LAND, MORE OR LESS,
OUT OF THE ALEXANDER F. ALBRIGHT SURVEY, ABSTRACT
NUMBER 1849, IN TARRANT COUNTY, TEXAS (CASE NO. AX-16-004)
WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE
PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH,
TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND
EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR
ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR
SEVERABILITY; AND NAMING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth has received a petition in writing from Westover
Boaz, LLC, the owner, requesting the full-purpose annexation of the area; and
WHEREAS, a notice of the availability of the Service Plan and notice of the first and
second public hearings were published in a newspaper of general circulation in the City of Fort
Worth and in the area proposed for annexation and the City made the plan available to the public
in the City's Planning and Development Department and on the City's Internet website; and
WHEREAS, the City conducted two public hearings at which members of the public
who wished to present testimony or evidence regarding the Service Plan and Full-Purpose
Annexation were given the opportunity to do so, in accordance with the procedural requirements
of Section 43.124 of the Local Government Code on August 30, 2016 at 7:00 p.m., on September
13, 2016, at 7:00 p.m., at the City Council Chamber; and
WHEREAS, the City's population is in excess of 100,000 inhabitants; and
WHEREAS, the hereinafter described territory is in the City's exclusive extraterritorial
jurisdiction and is adjacent to and adjoins the City; and
WHEREAS, the hereinafter described territory contains 1.83 acres of land, more or less;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
Ordinance No. 22435-09-2016
Page 1 of 4
AX-16-004
SECTION 1.
The following described land and territory lying adjacent to and adjoining the City of
Fort Worth, Texas is hereby added to and annexed to the City of Fort Worth, Texas, for full
purposes, and said territory hereinafter described shall hereafter be included within the boundary
limits of the City of Fort Worth, Texas, and the present corporate boundary limits of said City, at
the various points contiguous to the area hereinafter described, are altered and amended so as to
include said area within the corporate limits of the City of Fort Worth, Texas, to-wit:
BEING 1.832 acres of land located in the ALEXANDER F. ALBRIGHT SURVEY, Abstract No.
1849, Tarrant County, Texas, and being all of the tract of land conveyed to Westover Boaz, LLC, by
the deed recorded in County Clerk's File No. D215033233, of the Deed Records of Tarrant County,
Texas, all of the 0.215 acre tract of land conveyed to the City of Fort Worth, by the deed recorded in
County Clerk's File No. D210280621, of the Deed Records of Tarrant County, Texas, and a portion
of the W. J. Boaz Road right-of-way area. Said 1.832 acres of land being more particularly described
by metes and bounds as follows:
BEGINNING at a 5/8" iron rod found at the Southwest corner of said Westover Tract and the
Southeast corner of the tract of land conveyed to Richard S. Emerson and wife, Peggy J. Walters, by
the deed recorded in Volume 9084, Page 2331, of the Deed Records of Tarrant County, Texas, and
said POINT OF BEGINNING also lying in the North boundary line of the tract of land conveyed to
Saginaw Storage King Old Decatur Rd, LP, according to the deed recorded in County Clerk's File
No(s). D207039955 and D207147092, of the Deed Records of Tarrant County, Texas;
THENCE N 000 03' 23" E along the West boundary line of said Westover Tract and the East
boundary line of said Emerson and Walters Tract, at 233.93 feet passing the 5/8" iron rod found at
the Northwest corner of said Westover Tract, at 245.15 feet passing the Northeast corner of said
Walters Tract, and continuing in all 265.86 feet, to a point in the Centerline of said W. J. Boaz Road
and the existing South boundary line of the City of Fort Worth City Limits;
THENCE S 890 48' 40" E 296.52 feet, along the Centerline line of said W. J. Boaz Road and the
South boundary line of said City of Fort Worth City Limits, to a point in the West right-of-way line
of Old Decatur Road;
THENCE S 030 17' 18" E 55.91 feet, along the West right-of-way line of said Old Decatur Road, to
a point at the most Easterly Northeast corner of the aforesaid 0.215 acre City of Fort Worth Tract;
THENCE S 000 57' 32" E 208.80 feet, along the East boundary line of said 0.215 acre City of Fort
Worth Tract, to a point at the Southeast corner of said City of Fort Worth Tract;
THENCE S 890 56' 50" W 303.48 feet, along the South boundary line of said Westover Tract and
the North boundary line of said Saginaw Storage Tract, to the POINT OF BEGINNING containing
1.832 acres (79,805 square feet) of land.
Ordinance No.22435-09-2016
Page 2 of 4
AX-16-004
SECTION 2.
The above described territory is shown on Map Exhibit A attached hereto and expressly
incorporated herein by reference for the purpose of depicting the location of the hereinabove
described territory.
SECTION 3.
That the above described territory hereby annexed shall be part of the City of Fort Worth,
Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City
of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all of the rights and
privileges of all the citizens in accordance with the Service Plan and shall be bound by the acts,
ordinances, resolutions and regulations of the City of Fort Worth, Texas.
SECTION 4.
That the Service Plan attached hereto as Exhibit B was made available for inspection by
and explanation to the inhabitants of the area to be annexed and is approved and incorporated
into this ordinance for all purposes.
SECTION 5.
This ordinance amends every prior ordinance in conflict herewith, but as to all other
ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the same
is hereby made cumulative.
SECTION 6.
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, and if any phrase, clause,
sentence, 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 any unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 7.
The City Council hereby declares it to be its purpose to annex to the City of Fort Worth
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. Should this ordinance for any
Ordinance No. 22435-09-2016
Page 3 of 4
AX-16-004
reason be ineffective as to any part or parts of the area hereby annexed to the City of Fort Worth
for full purposes, the ineffectiveness of this ordinance as to any such part or parts shall not affect
the effectiveness of this ordinance as to the remainder of such area.
SECTION 8.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Melinda Ramos, Nfary J. K s r,
Sr. Assistant City Attorney City Secretary
ADOPTED AND EFFECTIVE: September 20, 2016
Ordinance No. 22435-09-2016
Page 4 of 4
AX-16-004
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AX-16-004 8069 Old Decatur Road Exhibit B
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Property Subject to Plan: BEING a tract of land situated in the Alexander F. Bright Survey, Abstract
No. 1849, Tarrant County, Texas, being all of that tract of land as
described in deed to Westover Boaz, LLC, recorded in D215033233, Deed
Records, Tarrant County, Texas (DRTCT),
Location and Acreage: Approximately 1.8317 acres of land in Tarrant County, located at the
Southwest intersection of WJ Boaz Road and Old Decatur Road.
Municipal services to the Annexation Area will be furnished by or on behalf of the City of Fort Worth, Texas,
at the following levels and in accordance with the following service plan programs:
1. PROGRAM FOR SERVICES TO BE PROVIDED ON THE EFFECTIVE DATE OF THE
ANNEXATION
The City will provide the following services in the Annexation Area on the effective date of the annexation,
unless otherwise noted.
As used in this plan, the term 'providing services' includes having services provided by any method or means
by which the City may extend municipal services to any other area of the City, including the City's
infrastructure extension policies and developer or property owner participation in accordance with applicable
city ordinances.
A. Police Protection
The Fort Worth Police Department will provide protection and law enforcement services in the
Annexation Area commencing on the effective date of full-purpose annexation. The services will include:
Normal patrols and responses to calls for service
Handling of offense and incident reports
Special units, such as traffic enforcement, criminal investigations, narcotics law enforcement,
gang suppression, and crime response team deployment when required.
These services are provided on a citywide basis. The area will be added to an existing Police Reporting
Area, R030. The area will be added to Beat N34 in Zone N3 in North Division.
B. Fire Protection
Fire protection services will be provided by existing personnel and equipment of the Fort Worth Fire
Department. These services will be provided based upon available water, road and street
conditions, and distances from existing fire stations. Services will be provided to the annexation area
commencing on the effective date of the full-purpose annexation. These services include.
Basic Life Support (BLS) 1 st responder emergency medical services
Fire suppression and rescue;
Hazardous materials mitigation and regulation;
Dive rescue;
Technical rescue;
Fire Safety Education;
Aircraft/rescue/firefighting;
Fire protection system plan review; and
Inspections.
These services are provided on a citywide basis. All Fort Worth firefighters are certified by the Texas
Commission on Fire Protection. On the date of annexation, the first responding fire services will
come from existing Fire Station 40, located at 8510 Spring Street. The second responding fire
1
AX-16-004 8069 Old Decatur Road Exhibit B
company will be from Fire Station 13, located at 5333 Lea Crest Lane. The Fire Department
estimates the response time to be 6.1 and 9.1 minutes, respectively.
C. Emergency Medical Services—Basic Life Support
Basic Life Support (BLS) emergency medical services by existing personnel and equipment of the
Fort Worth Fire Department will be provided to the annexation area commencing on the effective
date of the full-purpose annexation. The Fort Worth Fire Department serves as the first responder
on life threatening medical emergencies as a part of the MedStar system. All Fort Worth Fire
Department personnel are certified as Emergency Medical Technician basic level or higher. All
engines, trucks, and rescue units carry Automated External Defibrillators for use with victims who are
in cardiac arrest.
Emergency Medical Services—Advanced Life Support
Advanced Life Support response provided by MedStar is greater than 9 minutes to the full-purpose
annexation area with a potential of at least a 30-minute transport time to the nearest trauma center.
D. Solid Waste Collection
Solid waste collection shall be provided to the Annexation Area in accordance with existing City
ordinances and policies commencing on the effective date of the full-purpose annexation. For
residential collections, private solid waste service providers under contract with the City will provide
services. Residential customers using the services of a privately owned solid waste management
service provider other than the City's contracted service provider may continue to use such services
until the second anniversary of the annexation.
At the discretion of the customer, private service providers may provide solid waste collection
services for businesses and multi-family dwelling complexes having three or more units. Private
solid waste collection providers must have an active Grant of Privilege issued by the City of Fort
Worth to provide service within the city limits.
E. Operation and Maintenance of Water and Wastewater Facilities
Existing occupied homes that are using water well and on-site sewer facilities (and therefore have
service) may continue to use the existing water well and on-site sewer facilities. If the existing
property owner would like to connect to the City water and sewer system, then the property owner
may request connection and receive up to 200 LF of water and sewer extension at City cost for each
occupied property lot or tract in accordance with the"Policy for the Installation of Community
Facilities" and as consistent with the Texas Local Government Code.
Upon connection to the City's water and sanitary sewer mains, water and sanitary sewage service
will be provided at rates established by City ordinances for such service at the normal rates charged
throughout the City.
F. Operation and Maintenance of Roads and Streets, Including Street Lighting
The following services will be provided in the Annexation Area commencing on the effective date of
the full-purpose annexation, unless otherwise noted.
The subject property is immediately adjacent to WJ Boaz Road and Old Decatur Road. The owner
will be responsible for the construction of all roadways within the development with each final plat in
accordance with the City of Fort Worth's Community Facilities Agreement policy. Upon construction,
inspection and acceptance by the city, the future repair and maintenance of the roadways will be
done as needed in accordance with the TPW roadway maintenance policy.
Streetlights installed on improved public streets shall be installed in accordance with the City of Fort
Worth specifications at the time of the final plat in accordance with the Community Facilities
2
AX-16-004 8069 Old Decatur Road Exhibit B
Agreement policy. All street lights within the proposed annexation area shall be LED lighting and
shall be inspected by the City of Fort Worth prior to acceptance for maintenance.
All regulatory signage shall be installed by the owner/developer at the time of final plat in accordance
with the latest version of the Texas Manual of Uniformed Traffic Control Devices (TMUCTD).
G. Operation and Maintenance of Parks, Playgrounds and Swimming Pools
Residents of the property may utilize all existing parks and community service facilities throughout
the City, beginning with the effective date of the full-purpose annexation. Existing parks,
playgrounds, swimming pools and other recreational and community facilities within the Annexation
Area that are private facilities will be unaffected by the annexation.
Open space within this property shall remain as"Private Developer Owned and Maintained Open
Space."
H. Operation and Maintenance of Any Other Publicly Owned Facility Building or Service.
In the event the City acquires any other facilities, buildings or services necessary for municipal
services located in the Annexation Area, the appropriate City department will provide maintenance
services upon the effective date of the full-purpose annexation.
2. PROGRAM FOR PROVIDING ADDITIONAL SERVICES
In addition to the services identified above, the following services will be provided in the Annexation Area on
the effective date of the full-purpose annexation, unless otherwise noted:
A. With a Fort Worth library card, residents can access the Library's online resources which include
ebooks, a-audio and reference databases from home and borrow materials from any Fort Worth
Library branch and our MetrOPAC partners and from participating TexShare libraries.
B. The City will provide general municipal administration and administrative services.
C. The Annexation Area will be included in the Transportation and Public Works Department's
Stormwater Utility service area. Properties in this area will be assessed a monthly fee based on the
amount of impervious surface. The fees will cover the direct and indirect costs of stormwater
management services, including routine maintenance (at current citywide service levels)for all public
drainage channels and for all public storm sewers within dedicated public drainage easements. The
Stormwater Utility will also provide floodplain management and information regarding flood plains, as
well as watershed development review and inspection.
D. City codes, consumer health, and animal care and control ordinances and regulations, that include
but not limited to: high weeds and grass, trash and debris, solid waste, trash carts and illegal
dumping, junked and abandoned vehicles, zoning, food, daycare, public pool and spa inspections,
stray animals, cruelty and bite investigations will be enforced. Complaints of ordinance or regulation
violations within the area will be answered and investigated by existing personnel within the
appropriate Code Compliance Division beginning on the effective date of the annexation.
E. The City's building, plumbing, mechanical, electrical, and all other construction codes will be
enforced within the Annexation Area beginning with the effective date of the full-purpose annexation.
F. The City's zoning, subdivision, sign, manufactured housing, junk yard and other ordinances shall be
enforced in the Annexation Area beginning on the effective date of the full-purpose annexation.
G. All inspection services furnished by the City of Fort Worth, but not mentioned above, will be provided
to the Annexation Area beginning on the effective date of the full-purpose annexation.
3
AX-16-004 8069 Old Decatur Road Exhibit B
H. The Environmental Management Division will provide the following services:
Emergency spills and pollution complaints response;
Storm sewer discharge pollution prevention; and
Water quality assessments for creeks.
3. PROGRAM FOR PROVIDING FULL MUNICIPAL SERVICES WITHIN 2-1/2 YEARS
In addition to the services listed above, the City will provide full municipal services to the Annexation Area
commensurate with the levels of services provided in other parts of the City except if differences in
topography, land use, and population density constitute a sufficient basis for providing different levels of
service, no later than two and one-half(2-'Y) years after the effective date of the full-purpose annexation. If
full municipal services cannot be reasonably provided within the aforementioned time period, the City will
propose a schedule for providing said services within a period of four and one-half(4-'/) years after the
effective date of the annexation, and/or upon commencement of development of a subdivision within this
property, whichever occurs later.
"Full municipal services" are services provided by the annexing municipality within its full-purpose
boundaries, excluding gas or electrical service. The City shall provide the services by any of the methods by
which it extends the services to any other area of the City.
4. CAPITAL IMPROVEMENTS PROGRAM
The developer will initiate acquisition or construction of capital improvements necessary for providing full
municipal services adequate to serve the Annexation Area. Any such construction shall be substantially
completed within two and one-half(2-'/) years after the effective date of the full-purpose annexation. If
capital improvements necessary for providing full municipal services for the Annexation Area cannot be
reasonably constructed within the aforementioned time period, the City will propose a schedule for providing
said services within a period of four and one-half(4-'/) years, and/or upon commencement of development
of a subdivision within this property, whichever occurs later.
Acquisition or construction shall be accomplished by purchase, lease, or other contract. Any such
construction shall be accomplished in a continuous process and shall be completed as soon as reasonably
possible, consistent with generally accepted local engineering and architectural standards and practices.
A. Police Protection. No capital improvements are necessary at this time to provide police protection to
the Annexation Area. Need for construction of new facilities will be assessed periodically based on
population growth, predicted growth and call volume.
B. Fire Protection. Currently, Fire Station 40 has a 6.1 minute response time to the Annexation Area.
Consideration should be given to constructing a new station and staffing new facilities prior to final
decision to complete annexation.
C. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste
collection services to the Annexation Area.
D. Water and Wastewater. The Property in question has existing water lines and sewer lines adjacent
to the property along WJ Boaz Road and Old Decatur Road.
Vacant properties'water and sewer extensions will be installed by the Developer in accordance with
the"Policy for the Installation of Community Facilities". All water and wastewater facilities will be at
the developer's cost and as consistent with the Texas Local Government Code. Water and sewer
line sizes will be determined based upon the water/sewer study provided by the developer's
engineer. Any City participation on water and sewer facilities will be in accordance with the
"Installation Policy of Community Facilities" and the Texas Local Government Code. Upon
connection, to existing water and sanitary sewer mains, water and sanitary sewage service will be
provided at rates established by City ordinances for such service at the normal rates charged
throughout the City.
4
AX-16-004 8069 Old Decatur Road Exhibit B
E. Roads. No future capital improvements are required.
F. Storm Water Utility. No capital improvements are necessary at this time to provide drainage
services.
G. Street Lighting. It is anticipated that new subdivision in the Annexation Area will install street lighting
in accordance with the City's standard policies and procedures.
H. Parks, Playgrounds and Swimming Pools. Capital improvements such as parkland acquisition and
development of facilities will be dictated by future land use of the area, goals established by the
Park, Recreation and Open Space Master Plan and appropriation of resources.
I. Other Publicly Owned Facilities, Building or Services: Additional Services. In general, other City
functions and services, and the additional services described above can be provided for the
Annexation Area by using existing capital improvements. Additional capital improvements are not
necessary to provide City services.
5. IMPACT FEES
Notwithstanding any other provision of this service plan, a landowner within the Annexation Area will not be
required to fund capital improvements necessary to provide municipal services in a manner inconsistent with
Chapter 395 of the Local Government Code governing impact fees, unless otherwise agreed to by the
landowner.
5
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/20/2016 - Ordinance No. 22436-09-2016
DATE: Tuesday, September 20, 2016 REFERENCE NO.: L-15952
LOG NAME: 06AX-16-004, 8069 OLD DECATUR ROAD OWNER-INITIATED ADOPTION
SUBJECT:
Consider Institution and Adoption of Ordinance for the Owner-Initiated Annexation of Approximately 1.83
Acres of Land in Tarrant County Located at the Southwest Corner of W.J. Boaz and Old Decatur Road
(FUTURE COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council institute and adopt the attached ordinance annexing
approximately 1.83 acres of land shown on Exhibit A for full purposes.
DISCUSSION:
The subject area is currently vacant and the property owner, Westover Boaz, LLC, is proposing a
professional office building. The owner-initiated annexation meets the City of Fort Worth's criteria for
urban development as established by the City's Annexation Policy. The applicant has submitted an
annexation application and a zoning request. The proposed ordinance annexing 1.83 acres of land,
including W.J. Boaz Road, Exhibit A, and service plan are attached.
In accordance with Section 4.102D of the City's Zoning Ordinance, this site would be automatically zoned
Agricultural (AG) upon annexation. This property is designated in the future land use map of the 2016
Comprehensive Plan for Single Family Residential uses. The owner of the property has submitted a
zoning application requesting an "E" Neighborhood Commercial designation. The requested "E"
Neighborhood Commercial zoning is not consistent with the Comprehensive Plan future land use
designation, but is consistent with Comprehensive Plan land use policies to place neighborhood
commercial uses at the corners of arterial streets. While the annexation and zoning are related cases,
approval of the annexation is not conditional on approval of the associated zoning request (ZC-16-172).
The fiscal impact analysis shows that the property will have a long-term positive impact to the General
Fund, based on the proposed development. This property is currently agriculturally tax-exempt and
produces tax revenue of approximately $199.00 annually. The property tax revenue is expected to
increase to $8,975.00 annually after the proposed development is built. Based on the operating costs
projected from the Police, Code Compliance and Transportation and Public Works Departments, the fiscal
impact shows a positive annual effect to the General Fund over the life of the development.
The City is able to provide municipal services upon annexation in accordance with State law without
negatively impacting service provision within the City. Annexation of this site is consistent with the City's
annexation policy of annexing areas experiencing urban development.
If annexed, this property will become part of COUNCIL DISTRICT 2, Mapsco 33T.
This M&C does not request approval of a contract with a business entity.
Logname: 06AX-16-004, 8069 OLD DECATUR ROAD OWNER-INITIATED ADOPTION Page 1 of 2
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that based upon the proposed development, the annexation will have a
long-term positive impact to the General Fund.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccounj Project �Program ctivity Budget Reference # mounj
ID ID Year (Chartfield 2)
FROM
Fund Department ccounj Project �Program ctivity Budget Reference # 4moun j
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Leo Valencia (6942)
Logname: 06AX-16-004, 8069 OLD DECATUR ROAD OWNER-INITIATED ADOPTION Page 2 of 2