HomeMy WebLinkAboutOrdinance 16692-11-2005 •
AX-05-010
ORDINANCE NO. am-4 _11- 4,05--
AN
(,qa -11- ooSAN 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 6 ACRE
TRACT OF LAND SITUATED IN THE G.T. WALTER SURVEY, ABSTRACT
NUMBER 1696, OF TARRANT COUNTY, TEXAS (CASE NO. AX-05-010)
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, a public hearing before the City Council of the City of
Fort Worth, Texas, wherein all interested persons were provided an
opportunity to be heard on the proposed annexation of the territory
hereinafter described, was held in the City Council Chambers in the
Municipal Office Building of Fort Worth, Texas, on the 4th day of
October 2005; and
WHEREAS, a second public hearing before the City Council of the
City of Fort Worth, Texas, wherein all interested persons were
provided an opportunity to be heard on the proposed annexation of
the territory hereinafter described, was held in the City Council
Chambers in the Municipal Office Building of Fort Worth, Texas, on
the 11th day of October 2005 ; and
WHEREAS, notice of the first such public hearing was published in
a newspaper having general circulation in the City of Fort Worth,
Texas, and in the hereinafter described territory, on the 23rd day
of September 2005, and posted on the City of Fort Worth' s Internet
web site on the 23rd day of September 2005 ; and
WHEREAS, notice of the second such public hearing was published
in a newspaper having general circulation in the City of Fort
Worth, Texas, and in the hereinafter described territory on the
30th day of September 2005, and posted on the City of Fort Worth' s
Internet web site on the 30th day of September 2005; and
WHEREAS, prior to the posting and publication of the notices of
public hearings, a Service Plan providing for the extension of
municipal services into the hereinafter described territory was
prepared for inspection by and explanation to the inhabitants of
the area to be annexed; and
WHEREAS, the population of the City of Fort Worth, Texas, is in
excess of 100, 000 inhabitants; and
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AX-05-010
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 6 acres of land (0 . 001 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
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 most northerly southeast corner of that certain
tract annexed by city Ordinance Number 16173 and being in
west line of the existing city limits by Ordinance Number
7916 and also being in the west right-of-way line of Park
Drive (County Road 4040) ;
THENCE: with the existing city limits, and with said right-of-way
South 00 degrees 21 minutes 57 seconds East, some 550
feet, to the south right-of-way line of Bailey Boswell
Road, and being in the existing city limits by Ordinance
Number 14456 ;
THENCE: continuing with the existing city limits, with said south
right-of-way line of Bailey Boswell Road, West, some
475 . 68 feet ;
THENCE: NORTH, at some 100 . 0 feet pass the most southerly,
southeast corner of said annex tract, with the existing
city limits by said Ordinance Number 16173 , and in all
some 550 . 0 feet to an ell corner of said annex tract by
said Ordinance Number 16173 ;
THENCE : with the most northerly south line of said tract, South
89 degrees 55 minutes 23 seconds East, some 475 . 68 feet,
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AX-05-010
to the point of beginning and containing some 6 . 0 acres of
land 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 "X" was made
available at the public hearings 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-05-010
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:
/Sara Fullenwider, Assistant City Attorney
ADOPTED AND EFFECTIVE : Ax2t^ tux paa5
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Annexation of 6 Acres FORT WORTH
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Council District -7
Project Case # AX-05-010
Map Legend Map References Proposed Process Schedule
Fort Worth ETJ j / Annexation 23-2 1st Public Hearing 10/04/05
Program
Acres to be Annexed Mapsco 32M 2nd Public Hearing 10/11/05
Current Incorporated Area 318.48 TAD Map 2024-440 Date of Institution 11/08/05
Page 1 of 1
;AX-05-0010 09/21/2005
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Property Subject to Plan: Approximately 6 acre tract of land situated in the G.T. Walter
Survey, Abstract Number 1696, Tarrant County, Texas and being
a portion of The Dbe Realty tract as recorded in Volume 16417,
Page 167, Deed Records, Tarrant County, Texas and a portion of
Bailey Boswell Road
Location and Acreage: Approximately 6 acres of land in Tarrant County, located north of
Bailey Boswell Road and west of Park Dr (AX-05-010 GT Walter
Survey)
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.
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 (PRA), R030. The area will be in Neighborhood Policing District 3 on Beat C13.
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:
1st 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;
Inspections;
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Emergency Management Planning
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 40 located
at 8510 Spring Street. The second responding fire company will be from Fire Station 13 located
at 5333 Lea Crest Lane. The Fire Department estimates the response time to be 2.8 and 7.8
minutes, respectively.
C. Emergency Medical Services
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 Automatic External Defibrillators for use with heart attack victims.
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. Private solid waste
service providers under contract with the City will provide residential services. Persons 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.
Private service providers at the discretion of the customer may provide solid waste collection
services for businesses and multi-family dwelling complexes having three or more units.
E. Operation and Maintenance of Water and Wastewater Facilities
The annexation Area is located in the CCN of the City of Fort Worth. The City 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 Lighting
The following services will be provided in the Annexation Area commencing on the effective date
of the annexation, unless otherwise noted.
The Transportation and Public Works Department will assume maintenance of public streets over
which the City has jurisdiction. These services include emergency pavement repair and repair
maintenance of public streets on an as-needed basis. Public streets will be included in the City's
preventive maintenance program. Preventive maintenance projects are prioritized on a Citywide
basis and scheduled based on a variety of factors, including surface condition, ride ability, age,
traffic volume, functional class, and available funding. Any necessary rehabilitation or
reconstruction will be considered and prioritized on a citywide basis.
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 Transportation and Public Works Department 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 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
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AX-05-0010 09/21/2005
repair. For major arterials and collectors, the marking of streets is on an 18-month frequency. All
improved intersections and roadways are striped upon improvement. All roadways are re-striped
and remarked as needed.
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.
The Transportation and Public Works Department will assume maintenance of public streets over
which the City has jurisdiction. These services include emergency pavement repair and repair
maintenance of public streets on an as-needed basis. Public streets will be included in the City's
preventive maintenance program. Preventive maintenance projects are prioritized on a Citywide
basis and scheduled based on a variety of factors, including surface condition, ride ability, age,
traffic volume, functional class, and available funding. Any necessary rehabilitation or
reconstruction will be considered and prioritized on a citywide basis.
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 Transportation and Public Works Department 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 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. For major arterials and collectors, the marking of streets is on an 18-month frequency. All
improved intersections and roadways are striped upon improvement. All roadways are re-striped
and remarked as needed.
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 library services from the Fort Worth Public
Library commencing on the effective date of the annexation.
B. The City will provide general municipal administration and administrative services.
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AX-05-0010 09/21/2005
C. The Transportation and Public Works Department will provide drainage maintenance services in
the Annexation Area at current citywide service levels. The City will assume maintenance for all
public drainage channels within dedicated public drainage easements.
The Transportation and Public Works Department will provide the following services:
Storm sewer maintenance;
Watershed development review and inspection.
The Environmental Management Department will provide the following services:
Emergency spills and pollution complaint response;
Storm sewer discharge pollution prevention 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, including
but not limited to weed and brush ordinances, junked and abandoned vehicle ordinances, food
handlers' ordinances and animal control ordinances, will be provided within the Annexation Area
on the effective date of the annexation. Complaints of ordinance or 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-Y2 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 (444) 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 City 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-Y2) 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.
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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. No capital improvements are necessary at this time to provide fire protection to
the Annexation Area. Need for construction of new facilities will be assessed periodically based
on population growth, predicted growth, call volume and response time.
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 of subdivisions commences within this property, the
property owner in accordance with provisions of the City's Subdivision Ordinance, Policy for
Installation of Community Facilities and other applicable policies, ordinances, and regulations will
extend water and sewer mains. City participation in the costs for oversizing these extensions
shall be in accordance with applicable City policies, ordinances, and regulations.
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.
E. Roads and Streets. Future extensions of roads or streets and future installation of related facilities,
such as traffic control devices,will be governed by the City's standard policies and procedures.
F. Drainage 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, 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 Parks, Recreation and Open Space Master Plan and appropriation of resources. Should
additional residential development occur, parkland dedication, neighborhood park development
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,AX-05-0010 09/21/2005
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.
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/8/2005 - Ordinance No. 16692-11-2005
DATE: Tuesday, November 08, 2005
LOG NAME: 06ADOPT010 REFERENCE NO.: PZ-2636
SUBJECT:
Institute and Adopt Ordinance for the City-Initiated Annexation of Approximately 6 Acres of Land in
Tarrant County Located North of Bailey Boswell Road and West of Park Drive, in Tarrant County
(AX-05-010 GT Walter Survey)
RECOMMENDATION:
It is recommended that the City Council institute and adopt an ordinance annexing approximately six acres
of land located at the intersection of Bailey Boswell Road and Park Drive, in Tarrant County.
DISCUSSION:
On September 20, 2005, (M&C PZ-2613) the City Council approved the timetable for the full purpose
annexation of the above referenced property into the City of Fort Worth. Public hearings concerning the
annexation request were held as required by state law on October 4 and October 11, 2005. The adoption
of the attached ordinance completes the annexation process.
The subject property is situated within the exclusive extraterritorial jurisdiction of the City of Fort Worth. All
the boundaries of this six acres tract are contiguous with the existing Fort Worth City limits. The land is
currently vacant.
OPERATIONAL IMPACT—The Police Department estimates a first year cost of$969.00.
LOCATION —The subject property is located north of Bailey Boswell Road and west of Park Drive.
If annexed, this property will become a part of COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Dale Fisseler (6140)
Originating Department Head: Bob Riley (8901)
Additional Information Contact: Allison Gray (8030)
Logname: 06ADOPT010 Page 1 of 1