HomeMy WebLinkAboutOrdinance 18147-06-2008AX-08-003
ORDINANCE N0. 18147-06-2008
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 3.0
ACRE TRACT OF LAND SITUATED IN THE ROBERT BISSETT SURVEY,
ABSTRACT NUMBER 193, SITUATED ABOUT 4.7 MILES SOUTH 81 DEGREES
WEST OF THE COURTHOUSE, TARRANT COUNTY, TEXAS (CASE N0. AX-08-
003) 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 territory hereinafter described and proposed for
annexation is less than one-half mile in width; and,
WHEREAS, the territory hereinafter described is vacant and
without residents, or on which fewer than three registered voters
reside; and,
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 hereinafter described territory contains
approximately 3.0 acres of land (0.005 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
to and adjoining the City of Fort Worth, Texas is hereby added to
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AX-08-003
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 the southwest corner of that certain territory
annexed by the City of Fort Worth, by Ordinance Number 5626,
being the southeast corner of said Tract I, being in the south
line of said Bissett Survey, called 901 feet easterly from its
southwest corner, and further being in the east right-of-way of
Roaring Springs Road;
THENCE with the south line of said Tract I, North 89 degrees 09
minutes West (called North 88 degrees 32 minutes West, in said
Tract 1), 100 feet, to its southwest corner, and being in the
west right-of-way of Roaring Springs Road;
THENCE said west right-of-way, and with the west line of said
Tract I, the following two calls, North 00 degrees 51 minutes
East, 40.7 feet, to an angle point, and North 1 degree 42 minutes
East, 1041.7 feet, (called North 01 degrees 28 minutes East,
1027.2 feet, in said Tract 1), to the beginning of a curve having
a radius of 666.25 feet;
THENCE continuing with said west right-of-way, and the west line
of said Tract I, northwesterly with said curve to the left, an
arc distance of 152.2 feet, to the south line of that certain
territory annexed by the City of Fort Worth, by Ordinance Number
7271;
THENCE with the current city limits of Fort Worth, the south line
of said territory, North 78 degrees 20 minutes East, 100 feet to
its southeast corner, being in said east right-of-way, being in
the west line of said territory annexed by said Ordinance Number
5626, and further being in a curve having a radius of 766.25
feet;
THENCE with the current city limits of Fort Worth, said east
right-of-way, and southeasterly with said curve to the right, an
arc distance of 178.9 feet, to its end;
THENCE continuing with the current city limits of Fort Worth, and
said east right-of-way, South 01 degrees 42 minutes West, 1041.0
feet, to an angle point;
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AX-08-003
THENCE continuing with the current city limits of Fort Worth, and
said east right-of-way, South 00 degrees 51 minutes West, 40.0
feet, to the Place of Beginning, and containing some 3.0 acres of
land, (0.005 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.
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.
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AX-08-003
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.
SECTION 8.
That this ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
F
~- ~~ t~_
Sara Fulle wider, Assistant City Attorney
ADOPTED AND EFFECTIVE: June 17, 2008
4
Legend
Zoning District
Fort Worth City Limits
Westover Nills City Limits
Proposed Annexation Area
Proposed Process Schedule Map References
Date of Institution 05!27/08 Mapsco 74D
TAD Map 2024-392
Curzent Full-Purpose Incorporated 332.29 Square Miles
" FORT WORTH
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Planning & Development Department
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ORDINANCE NO. ~' ~ ® ® Exhibit A
18147-06-2008
Annexation of 3 Acres to become part of Council District 7
AX-0&-003 Roaring Springs Road ROW Exhibit B
ORDINANCE N0.18147-06-2008 CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Property Subject to Plan: BEING 3.0 acres of land situated in the Robert Bissett Survey, Abstract
Number 193; situated about 4.7 miles South 81 degrees West of the
Courthouse in Tarrant County, Texas.
Location and Acreage: Approximately 3.0 acres of land in Tarrant County, located on Roaring
Springs Road between Volder Drive and Westover Drive.
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 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 combined with an existing Police
Reporting Area (T240). The area will be in Neighborhood Policing District 10 on Beat M11.
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;
Aircraft/rescue/firefig hti ng;
Fire protection system plan review;
Inspections;
AX-08-003 Roaring Springs Road ROW 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 16, located at
5933 Geddes Avenue. The second responding fire company will be from Fire Station 18 located at
1908 Carleton Avenue. The Fire Department estimates the response time to be 4.0 and 4.7 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.
Emeraency 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
Fort Worth is currently maintaining the existing 12-inch water main and the 18-inch sewer main
located in Roaring Spring Road. Fort Worth will provide water and sewer service to the Annexation
Area, at the developer's cost, in accordance with the "Installation Policy of Community Facilities".
F. Operation and Maintenance of Roads and Streets. Including Street Liahtinq
The following services will be provided in the Annexation Area commencing on the effective date of
the annexation, unless otherwise noted.
These services include emergency pavement repair and repair maintenance of public streets on an
as-needed basis. Preventive maintenance projects are prioritized on a region-wide basis and
scheduled based on a variety of factors, including surtace condition, ride ability, age, traffic volume,
functional class, and available funding. Any necessary rehabilitation or reconstruction will be
considered and prioritized by 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 in the Annexation Area. Traffic signal, stop,
and all other regulatory studies are conducted in conjunction with growth of traffic volumes. All
AX-08-003 Roaring Springs Road ROW Exhibit B
regulatory signs and signals are installed when warranted following an engineering 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 Public~r 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 fallowing 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-08-003 Roaring Springs Road ROVJ 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'/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--"/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 '/Z) 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,
4
AX-08-003 Roaring Springs Road ROVJ 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 lotJtract. 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. $69,000 in startup services are required for major maintenance of Roaring Springs Road.
Future capital improvements at an estimated cost of $46,000 are required for streetlight
improvements.
F. Storm Water Utility. No capital improvements are necessary at this time to provide drainage
services.
G. Street Li hty ing. 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, 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. 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 focal Government Code governing impact fees, unless otherwise agreed to by the
landowner.
Co~je ®f F®rt V!/~r~th, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/17/2008 -Ord. No. 18147-06-2008
CONTINUED FROM A PREVIOUS WEEK
DATE: Tuesday, May 27, 2008
LOG NAME: 06ADOPTAX-08003 REFERENCE NO.: PZ-2782
SUBJECT:
Institution and Adoption of Ordinance for the Owner-Initiated Annexation of Approximately 3.0 Acres
of Land in Tarrant County, Texas, Existing Roaring Springs Road Right-of-Way, North of Westover
Drive and West of Burton Hill Road with an Estimated Maintenance Cost of $69,000 (AX-08-003,
Roaring Springs Road Right-of--Way)
RECOMMENDATION:
It is recommended that the City Council institute and consider the adoption of an ordinance annexing
approximately 3.0 acres of land in Tarrant County, Texas, existing Roaring Springs Road, north of Westover
Drive and west of Burton Hill Road with an estimated maintenance cost of $69,000.
DISCUSSION:
On January 31, 2008, Tarrant County submitted an application for the full purpose annexation of the above
referenced property into the City of Fort Worth. State law does not allow any annexations to be completed
between the announcement of a City election and the completion of that election. The City of Fort Worth
announced a City election in February to be completed on May 10, 2008. This request meets the criteria
defined in Texas Local Government Code Section 43.028 for owner-initiated annexation and will not require
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 and is the
existing Roaring Springs Road right-of-way, north of Westover Drive and west of Burton Hill Road. The
property is an enclave surrounded by the City of Fort Worth and the City of Westover Hills, due to a
previous request by the City of Fort Worth that Westover Hills de-annex this portion of right-of-way in 1975.
The land is currently developed as right-of-way and will continue to be used as right-of-way.
The fiscal impact analysis shows that the property and future improvements will provide a negative impact
to the General Fund. However, the area is classified as an enclave, and the Annexation Policy does not
require enclaves to produce a positive fiscal impact due to the efficiencies gained in service delivery.
The Police Department has estimated an impact of $2,403 and other general fund services have estimated
an impact of $69,519, due to anticipated calls for service and roadway improvements to the proposed
annexation area in the first year.
If annexed, this property will become a part of COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
Logname: 06ADOPTAX-08003 Page 1 of 2
The Finance Director certifies that funds are available in the current operating budget of the various City
departments, as appropriated in the General Fund.
TO Fund/AccountlCenters
FROM Fund/AccountlCenters
Submitted for City Manager's Office b~
Originating Department Head:
Additional Information Contact:
Fernando Costa (6140)
Susan Alanis (8042)
Beth Knight (8190)
Logname: 06ADOPTAX-08003 Page 2 of 2