HomeMy WebLinkAboutOrdinance 18126-06-2008AX-08-004
ORDINANCE N0.18126-06-2008
AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE
EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT
WORTH; PROVIDING FOR THE ANNEXATION OF AN APPROXIMATELY 68.1
ACRE TRACT OF LAND SITUATED IN THE FRANCISCO CUELLA SURVEY,
ABSTRACT NUMBER 266, SITUATED ABOUT 13.0 MILES NORTH 8 DEGREES
EAST OF THE COURTHOUSE, TARRANT COUNTY, TEXAS (CASE N0. AX-08-
004) WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE
PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH, TEXAS;
PROVIDING THAT THE TERRITORY ANNEXED SHALL BEAR ITS PRO RATA
PART OF TAXES; PROVIDING THAT THE INHABITANTS THEREOF SHALL
HAVE ALL THE PRIVILEGES OF ALL THE CITIZENS 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 requesting the annexation of the area; and
WHEREAS, the population of the City of Fort Worth, Texas, is in
excess of 100,000 inhabitants; and
WHEREAS, the hereinafter described territory lies within the
exclusive extraterritorial jurisdiction of the City of Fort Worth,
Texas; and
WHEREAS, the hereinafter described territory lies adjacent to and
adjoins the City of Fort Worth, Texas; and
WHEREAS, the City of Fort Worth has held two public hearings
regarding the annexation of the area; and
WHEREAS, the City of Fort Worth has notified the public through
published legal notices in a newspaper of general circulation and
on the City's Internet site regarding the annexation of the area;
and
WHEREAS, the hereinafter described territory contains
Approximately 68.1 acres of land (0.106 square miles) of land, more
or less;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That the following described land and territory lying adjacent
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AX-08-004
to and adjoining the City of Fort Worth, Texas is hereby added to
and annexed to the City of Fort Worth, Texas, 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:
BEGINNING at a point in the east line of the Old Denton Road (a
45' ROW) said point also being the Northwest corner of a tract of
land belonging to Messer & Messer Builders, Inc. as recorded in
Vol. 7114 on Pg. 670 Deed Records, Tarrant County, an iron rod
for a corner;
THENCE N 00 degrees 11 minutes 12 seconds East along the East
line of Old Denton Road a distance of 1481.26 feet to an iron
fence post for corner;
THENCE S 89 degrees 56 minutes 50 seconds East a distance of
1999.15 feet to an iron rod for corner;
THENCE S 00 degrees 10 minutes East a distance of 1481.66 feet to
an iron rod for corner in the North line of the said Messer &
Messer Builders tract;
THENCE N 89 degrees 56 minutes 09 seconds West along the said
North line a distance of 2008.28 feet to the Place of Beginning,
and containing some 68.1 acres of land, (0.106 square miles) more
or less.
SECTION 2.
That the above described territory is shown on Map Exhibit "A"
which is attached hereto and expressly incorporated herein by
reference for the purpose of illustrating and 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.
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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.
That this ordinance shall and does amend 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.
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, 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.
That should this ordinance for any reason be ineffective as to
any part or parts of the area hereby annexed to the City of Fort
Worth, 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. 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. Provided, further, that if there is included
within the description of territory set out in Section 1 of this
ordinance to be annexed to the City of Fort Worth any area which is
presently part of and included within the limits of the City of
Fort Worth, or which is presently part of and included within the
limits of any other city, town or village, or which is not within
the City of Fort Worth's jurisdiction to annex, the same is hereby
excluded and excepted from the territory to be annexed hereby as
fully as if such excluded and excepted area were expressly
described herein.
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AX-08-004
SECTION 8.
That this ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Sara Fulle wider, Assistant City Attorney
ADOPTED AND EFFECTIVE: June 3, 2008
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AX-08-004 Meadow Glen Estates MHP Exhibit B
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Property Subject to Plan: BEING 68.1 acres of land situated in the Francisco Cuella Survey, Abstract
Number 266; situated about 13.0 miles North 8 degrees East of the
Courthouse in Tarrant County, Texas.
Location and Acreage: Approximately 68.1 acres of land in Tarrant County, located South of
Timberland Boulevard and East of Old Denton Road.
County: TARRANT
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 annexation. The services will include:
Normal patrols and responses to calls for service
Handling of offense and incident reports
Special units, such as trafhc 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 combined with an existing Police
Reporting Area (0300). The area will be in Neighborhood Policing District 4 on Beat D17.
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 annexation. These services include:
Basic Life Support (BLS) 1st responder emergency medical services
Fire suppression and rescue;
Hazardous materials mitigation and regulation;
Dive rescue;
Technical rescue;
Fire Safety Education;
Ai rcraft/rescue/fi refig hti ng ;
Fire protection system plan review;
Inspections;
AX-08-004 Meadow Glen Estates IvLEIP
Exhibit B
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 Fire Station 41, located at
824 Blue Mound Road West. The second responding fire company will be from Fire Station 35
located at 2201 Flight Line Road. The Fire Department estimates the response time to be 5.7 and
6.0 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 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 proposed
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 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 to provide service within the
city limits.
E. Operation and Maintenance of Water and Wastewater Facilities
The annexation area has its own sewer CCN, Sewer CCN # 603126616. Sewer CCN will need to be
abolished by the owner upon connection to the Fort Worth wastewater system. That cost plus sewer
connection and impact fee will be owner's cost. The sewer connection will be in accordance with the
"Installation Policy of Community facilities". Fort Worth is currently providing water service through
the 1.25 times the Fort Worth retail rate. The water and wastewater system within the property
boundary will be private and maintained by the owner.
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 annexation, unless otherwise noted.
All streets inside this area are private and are to be maintained by the Home Owner Association or
property owner, not the City. Streetlights installed on improved public streets shall be maintained by
the City of Fort Worth in accordance with current City policies. Other street lighting shall not be
maintained by the City of Fort Worth.
The City will also provide regulatory signage services on public roads in the Annexation Area. Traffic
signal, stop, and all other regulatory studies are conducted in conjunction with growth of traffic
volumes. All regulatory signs and signals are installed when warranted following an engineering
AX-08-004 Meadow Glen Estates MHP
Exhibit B
study. Faded, vandalized, or missing signs are replaced as needed. "CALL BACK" service is
provided 24 hours a day, 365 days a year for emergency sign repair.
G. Operation and Maintenance of Parks, Playgrounds and Swimming Pools
Residents of this property may utilize all existing parks and community service facilities throughout
the City, beginning with the effective date of the 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.
Existing parks, playgrounds, swimming pools and other recreational and community facilities within
this property shall, upon deeding to and acceptance by the City and appropriations for maintenance
and operations, be operated by the City of Fort Worth, but not otherwise.
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.
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 annexation, unless otherwise noted:
A. The residents of the Annexation Area will receive the following library services from the Fort Worth
Public Library commencing on the effective date of the annexation.
Genealogy, Local History and Archival Collections
Youth & Teen Services
Interlibrary Loan to borrow materials from collections of 10,000 libraries
Telephone, Mail and E-mail Reference Services
Remote access to over 50 online databases
U. S., Texas and City of Fort Worth documents
Free computer classes for the public
Outreach Services for children, young adults and seniors
Large Print Books
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 Storm
Water 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 storm water
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
Storm Water Utility will also provide watershed development review and inspection.
In addition to residential solid waste collection services, the Environmental Management Department
will provide the following services:
Emergency spills and pollution complaints response;
Storm sewer discharge pollution prevention; and
Water quality assessments for creeks.
The Department of Engineering will provide information relating to flood plains.
D. Enforcement of the City's code and environmental health 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 handlers, and animal control will be provided
within the annexation area on the effective date of the annexation. Complaints of ordinance or
AX-08-004 Meadow Glen Estates IvI~Il' Exhibit B
regulation violations within the area will be answered and investigated by existing personnel within
the appropriate department 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 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 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 annexation.
3. PROGRAM FOR PROVIDING FULL MUNICIPAL SERVICES WITHIN 2-'/Z 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--'/2) years after the effective date of the 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--'/2) 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--'/2) years after the effective date of the 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--'/2) 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 41 has a 5.7 minute response time to the Annexation Area.
Need for construction of new facilities will be assessed periodically based on population growth,
predicted growth and call volume.
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. As development and construction of subdivisions commence within this
property, the property owner in accordance with provisions of the City's Subdivision Ordinance and
other applicable policies, ordinances, and regulations will extend water and sewer mains. City
participation in the costs of these extensions shall be in accordance with applicable City policies,
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AX-08-004 Meadow Glen Estates MHP Exhibit B
ordinances, and regulations. Such extensions, by the developer, will commence within two and one-
half (2-1/2) years from the effective date of the annexation ordinance.
Following is a summary of the Water and Wastewater Installation Policy as set out in Section III of
the City's Policy for the "Installation Policy of Community Facilities".
The developer shall cause to be constructed all water and wastewater facilities required to
provide service to the development, subdivision, or lot/tract. The developer shall be
responsible for 100% of the cost for water and wastewater facilities designed to provide
service to the proposed development. If larger facilities are required based on
comprehensive study, the additional incremental cost shall be borne by the City.
Connection to existing City water mains for domestic water service to serve residential,
commercial, and industrial uses within the Annexation Area will be provided in accordance
with existing City ordinances and policies. Upon connection to existing mains, water will be
provided at rates established by City ordinances for such service at the normal rates
charged throughout the City.
Connections to existing City sanitary sewer mains for sanitary sewage service in the
Annexation Area will be provided in accordance with existing City ordinances and policies.
Upon connection, to existing sanitary sewer mains, sanitary sewage service will be provided
at rates established by City ordinances for such service at the normal rates charged
throughout the City.
E. Roads. $120,000 in startup services are required for major maintenance of Old Denton Road.
Future capital improvements at an estimated cost of $1,100,000 are required for the future
reconstruction of Old Denton Road to a 3-lane collector street.
F. Storm Water Utility. No capital improvements are necessary at this time to provide drainage
services.
G. Street Lighting. It is anticipated that new subdivisions in the Annexation Area will install street
lighting in accordance with the City's standard policies and procedures. In other cases, the City will
consider installation of additional street lighting in the Annexation Area upon request, with priority
given to street lighting for traffic safety. Provision of street lighting will be in accordance with the
City's street lighting policies, and those of the providing utility.
H. Parks, Play,,grounds 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. Should additional
residential development occur, parkland dedication, neighborhood park development and
neighborhood park infrastructure or payment in lieu thereof will be required in accordance with the
Park Policy of the Subdivision Ordinance.
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.
Legend
Fort Worth City Limits
Fort Worth ETJ
Proposed Annexation Area
Proposed Process Schedule IVlap References
1st Public Hearing 05/06/08 Mapsco 21H&22E
2nd Public Hearing 05/13/08 TAD Ma 2060-464
Date of Institution 06/03/08 2060-460
Current FuII-Purpose Incorporated Area 332.23 Square Miles
_r x FORT WORTH
.Y
Plann(ng & Development Department
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Annexation of 68 Acres to become Part of Council ®istrict 2
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Mayor and Council Communication
COUNCIL ACTION: Approved on 6/3/2008 -Ord. No. 18126-06-2008
DATE: Tuesday, June 03, 2008
LOG NAME: 06ADOPTAX-08004 REFERENCE NO.: PZ-2785
SUBJECT:
Institution and Adoption of Ordinance for the Owner-Initiated Annexation of Approximately 68.1
Acres of Land in Tarrant County, Texas, Located South of Timberland Boulevard and East of Old
Denton Road with an Estimated Service Cost of $80,457 (AX-08-004, Meadow Glen Estates MHP)
RECOMMENDATION:
It is recommended that the City Council institute and consider the adoption of an ordinance annexing
approximately 68.1 acres south of Timberland Boulevard and east of Old Denton Road, in Tarrant County,
Texas, with an estimated service cost of $80,457 (AX-08-004, Meadow Glen Estates MHP).
DISCUSSION:
On March 14, 2008, American Residential Communities submitted an application for the full purpose
annexation of the above referenced property into the City of Fort Worth. The land is currently developed as
a manufactured home park with over 800 residents and an on-site wastewater package treatment system.
This request meets the criteria defined in Texas Local Government Code Section 43.052(h) for owner-
initiated annexation, which requires public hearings. The adoption of the attached ordinance completes the
annexation process.
The subject property is situated within the extraterritorial jurisdiction of the City of Fort Worth, south of
Timberland Boulevard and west of Ridgeview Circle, in an enclave entirely surrounded by Fort Worth. The
property lies south of the main portion of the future Keller High School No. 4 campus and west of a recent
annexation for Keller ISD's athletic field expansion. The Fort Worth City limits also directly adjoin the site
along the north side.
The annexation of the Meadow Glen Estates manufactured home park will cause a portion of extraterritorial
jurisdiction to be entirely surrounded by the City of Fort Worth, creating a new enclave. Section 43.057 of
the Local Government Code specifically notes: "If a proposed annexation would cause an area to be
entirely surrounded by the annexing municipality but would not include the area in the municipality, the
governing body of the municipality must find, before completing the annexation that surrounding the area is
in the public interest." City staff has investigated the proposed annexation and recommends that
surrounding the described unincorporated area is in the public interest to provide public safety services and
infrastructure to the urban development in the proposed annexation area. In addition, the elimination of the
on-site wastewater treatment plant will have a public health benefit. No plans for development are currently
noted in the created enclave, and it will remain in the annexation plan to be annexed as early as November
28, 2010.
The fiscal impact analysis shows that the property and future improvements will have a negative impact to
the General Fund. However, the City is able to provide municipal services upon annexation in accordance
with State law, without negatively impacting service provision within the City. The annexation of this
property and the subsequent elimination of the on-site package wastewater treatment plant will benefit the
City's strategic goal of sustainable development. Annexation of this site is consistent with the City's
Logname: 06ADOPTAX-08004 Page 1 of 2
annexation policy by meeting the enclave and adverse impact criteria.
The Police Department has estimated an impact of $37,647, and other general fund services have
estimated an impact of $42,810, due to anticipated calls for service to the proposed annexation area in the
first year.
If annexed, this property. will become a part of COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget of the various City
departments, as appropriated of the General Fund.
TO Fund/Account/Centers
FROM Fund/AccountlCenters
Submitted for City Manager's Office bk Fernando Costa (6140)
Originating Department Head: Susan Alanis (8042)
Additional Information Contact: Beth Knight (8190)
Logname: 06ADOPTAX-08004 Page 2 of 2