HomeMy WebLinkAboutResolution 3120A Resolution
NO aN V
ADOPTING AN ANNEXATION POLICY FOR THE CITY OF FORT WORTH
WHEREAS on December 14 1999 the City Council approved Resolution No. 2595 adopting an annexation
policy for the City of Fort Worth, and
WHEREAS the City Council has sought to update that annexation policy in order to provide more specific
criteria for making annexation decisions, to become more proactive by preparing a five -year annexation. program,
and to promote more meaningful citizen participation during the annexation process; and
WHEREAS the City's Annexation Policy Advisory Committee, appointed by Mayor Mike Moncrief in
consultation with other City Council members, has held multiple work sessions on various policy issues, has
conducted a public forum to receive citizen comments, and on June 8 presented its recommended policy to the
City Council, and
WHEREAS the City Plan Commission on June 23 conducted a public hearing and voted to endorse the Advisory
Committee s recommended policy- and
WHEREAS the City Council on August 5 and September 7 conducted public hearings to receive citizen
comments, and
WHEREAS the City Council wishes to adopt the updated annexation policy so as to supersede the policy
approved by the City Council by Resolution No. 2595 on December 14 1999 -
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS, TO
1 Adopt the annexation policy attached hereto as Exhibit A, as a guide for making annexation decisions; and
2. Incorporate the adopted annexation policy into the City's Comprehensive Plan.
V
ADOPTED this
day of September 2004
►_ APPROVED" s
CITY C;OUNCIL-
f S E P 0 7 2004
A -
City Se o, tha V-
City o[ Fort Worth, Teuas ,
�r
APP O ED AS TO F RM AND LEGALITY
City Attorn
CITY or raver wourn
EXHIBIT A
Approved by the City Council on by adoption of Resolution No 3W
ANNEXATION POLICY
I. PURPOSE AND INTENT
The City of Fort Worth seeks to annex property within its extraterritorial junsdiction for the
following purposes.
• To promote orderly growth by facilitating long -range planning for the provision of municipal
services and by applying appropriate land use regulations, development standards, property
maintenance standards, fire codes, construction codes and environmental regulations.
• To diversify the economic base and create job opportunities by annexing property for
commercial and industrial development.
To fulfill these purposes, the City has formulated this annexation policy in order to
• Provide the City Council with more specific, objective, and prescriptive guidance for making
annexation decisions.
• Enable the City to be more proactive in identifying areas for annexation by providing for an
• annually updated five year annexation program.
• Provide for meaningful public participation in formulating the annexation program as part of
the annual update of the City's Comprehensive Plan.
II. DEFINITIONS
Annexation — The legal process by which a city extends its boundaries. A city may annex
property only within its extraterritorial jurisdiction, unless the city owns the area.
Annexation Plan — A document required by Texas Local Government Code, Section 43 052,
identifying certain kinds of areas that a city intends to annex.
1 The plan must identify any areas with 100 or more separate lots or tracts of land containing residential
dwellings that the city intends to annex, unless more than 50 percent of the property owners request
• annexation.
2. The plan may also identify other areas.
3 Areas that are identified in the plan may only be annexed three years after the plan is adopted.
Annexation Policy — A set of guidelines for making annexation decisions.
Annexation Program — An annually updated document identifying areas that the City wishes to
consider for initiation of annexation during the succeeding five -year period. The annexation
program expresses the City's intent to consider specific areas for annexation, but is not legally
binding. Inclusion of an area in the program does not obligate the City to annex that area, nor does
exclusion of an area from the program prevent the City from annexing the area.
Certificate of Convenience and Necessity — A utility service area permit authorizing a specified
utility to be the sole service provider
Disannexation — The legal process by which a city removes an area from its boundaries.
Enclave — An area within the City's extraterritorial jurisdiction that is surrounded by the corporate
limits of the City of Fort Worth and/or the corporate limits or extraterritorial jurisdiction of other
municipalities.
f�
EXHIBIT A
Extraordinary Economic Development Project — A commercial or industrial project that is
eligible for property tax abatement under the City's tax abatement policy as set forth in the
Comprehensive Plan.
Extraterritorial Jurisdiction (ETJ) — Unincorporated area extending generally five miles from
the city limit, excluding other incorporated municipalities and their ETJ in which the City has the
authority to annex property
Full Municipal Services — Services provided by an annexing municipality within its full- purpose
boundaries, including water and wastewater services and excluding gas or electrical service. The
City of Fort Worth provides the following services, including but not limited to fire and police
protection, emergency medical services; access to water and wastewater services unless such
services are provided by another utility- solid waste collection, operation and maintenance of
parks, publicly -owned facilities, and streets, library services, drainage and storm sewer
maintenance; enforcement of environmental health, zoning and subdivision ordinances;
enforcement of building and construction codes, and inspection services.
• Full- Purpose Annexation — The legal process for annexing an area in order to provide full
municipal services. The city enforces all ordinances, provides services as provided by law and
assesses property taxes and sales taxes.
Growth Center — An area that contains, or has the capacity to contain, compact, higher intensity
urban land uses, as designated by the City Council in the City's Comprehensive Plan. There are
two types of growth centers.
• Mixed -Use Growth Centers — A highly urbanized area that has many characteristics of a downtown: a
concentration of jobs, housing units, schools, parks, and other public facilities, public transportation hubs,
pedestrian activity and a sense of place. This mix of uses supports sustainable development, which seeks to
balance access, mobility affordability community cohesion, and environmental quality
• Industrial Growth Center — An area consisting primarily of industrial and commercial uses, with a high
concentration of jobs, mostly industrial in nature. Other related and supporting uses include office space and
services. Unlike mixed -use growth centers, residential uses are generally discouraged within industrial
growth centers.
Infrastructure — Facilities necessary to provide city services, usually referring to physical assets
such as streets and utility lines.
Limited - Purpose Annexation — The legal process for annexing an area in order to provide only
certain regulatory services for a specified period of time. Cities with populations of more than
225 000 have the authority to annex property for limited purposes. Cities may enforce planning,
zoning, health and safety ordinances in areas annexed for limited purposes, but do not collect
property or sales taxes or provide full municipal services. Residents may vote in city council
elections and charter elections, but may not vote in bond elections or be elected to a city office.
Long -Term Development — Planned construction of residential, commercial and/or industrial
uses that is anticipated to occur beyond a three -year timeframe.
Municipal Utility District — A political subdivision providing water sewerage, drainage and/or
other municipal services within a specified geographic area.
Planning Study — A document prepared by a municipality pursuant to Section 43 123 of the
Texas Local Government Code, prior to annexing an area for limited purposes, which identifies
EXHIBIT A
projected development; the need for annexation, the impact of annexation on surrounding
residents, landowners, and businesses, and the proposed zoning of the area.
Protest Petition — A statement expressing opposition to a proposed City- initiated annexation and
containing the signatures of property owners representing 50 percent or more of the parcels within
the territory to be annexed and 50 percent or more of the land area within that territory
Regulatory Plan — A document adopted by the City Council, pursuant to Section 43 123 of the:.
Texas Local Government Code, at the tune an area is annexed for limited purposes, which
identifies the planning, zoning, health and safety ordinances that will be enforced in the area and
states the date by which the city will annex the area for full purposes.
Service Plan — A document adopted by the City Council, pursuant to Sections 43 056 and 43 065
of the Texas Local Government Code, describing the schedule for a municipality to provide full
municipal services to an area annexed for full purposes. On the effective date of annexation, a
municipality must provide police and fire protection, emergency medical services; solid waste
• collection, operation and maintenance of water and wastewater facilities in the area that are not
within the service area of another water or wastewater facility- and operation and maintenance of
roads and streets (including lighting), parks, playgrounds, swimming pools and other publicly
owned facilities, buildings or services if those services are provided by the municipality within its
corporate boundaries. A municipality must provide full municipal services, which means all
services provided within the city including water and wastewater services, within 2%Z years after
annexation but may extend the deadline to 4%2 years after annexation for services that cannot
reasonably be provided within 2% years.
Urban Development — Development requiring water, sewerage and other municipal services to
promote public health, safety and welfare. It may include residential development with a density
equal to or greater than one dwelling unit per acre, as well as commercial and industrial
development.
40 III. ANNEXATION CRITERIA AND PROCEDURES
A. Full- Purpose Annexation
The City will consider full- purpose annexation of any area within its extraterritorial
jurisdiction if and only if the area meets one or more of the following five criteria.
Enclave- The area meets both of the following conditions
a. The area is an enclave and the City and its citizens would benefit from a logical city
limit boundary that provides for the orderly and efficient provision of services, and
b The City is able to provide municipal services upon annexation in accordance with
State law without negatively impacting service provision within the city
2. Urban Development: The area meets all three of the following conditions.
a. The City is aware of or anticipates development activity of an urban nature in the
area, and
b The City is able to provide municipal services upon annexation in accordance with
State law without negatively impacting service provision within the city- and
c. The City has determined through an appropriate analysis of prospective revenues and
expenditures, as described in Section V (Preparation of Fiscal Impact Analysis)
EXHIBIT A
below that cumulative revenues will exceed cumulative expenditures for each
. affected budget fund over the 10 -year period immediately following annexation, or
over a longer period as appropriate for long -term development.
3 Growth Center- The area meets all three of the following conditions.
a. The area encompasses a designated growth center and thus requires urban services to
develop as planned, and
b The City is able to provide municipal services upon annexation in accordance with
State law without negatively impacting service provision within the city
c. The City has determined through an appropriate analysis of prospective revenues and
expenditures, as described in Section V (Preparation of Fiscal Impact Analysis)
below that cumulative revenues will exceed cumulative expenditures for each
affected budget fund over the 10 -year period immediately following annexation, or
over a longer period as appropriate for long -term development.
4 Adverse Impact: The area meets both of the following conditions.
a. Without annexation, potential development activity is likely to have an adverse fiscal
or environmental impact on the City due to unregulated land uses and the City's
inability to enforce development standards, building codes and environmental
regulations; and
b The City is able to provide municipal services upon annexation in accordance with
State law without negatively impacting service provision within the city
5 Option to Expand. The area meets both of the following conditions.
a. Without annexation, interested parties may incorporate one or more separate
municipalities or take other legal actions that night be detrimental to the City's
orderly growth.
b The City is able to provide municipal services upon annexation in accordance with
State law without negatively impacting service provision within the city
In accordance with Sections 43 056 and 43 065 of the Texas Local Government Code, the
i• Development Department shall prepare a service plan that provides for the extension of full
municipal services to each area to be annexed for full purposes. The Development
Department shall prepare the service plan after the City Council establishes the annexation
timetable and shall make the plan available to the public for review and comment in advance
of required public hearings. The City shall adopt the service plan by ordinance at the time
the City annexes the area for full purposes.
B. Limited - Purpose Annexation
The City will consider limited - purpose annexation of any area if one or more of the five
criteria in section A (Full Purpose Annexation) above are met, and if either of the following
two criteria is also met:
1 Populated Area. The area contains 100 or more separate lots or tracts of land containing
residential dwellings and thus must be included in the municipal annexation plan three
years prior to full- purpose annexation per State law The area would be considered for
limited-purpose annexation so that the City might control land use and the quality of
development in that populated area, pending full- purpose annexation.
EXHIBIT A
2. Long -Term Development: The area is proposed for long -term development. The City
will determine the feasibility of entering into an agreement with the property owner(s) for
• limited- purpose annexation so as to establish the tuning of full- purpose annexation. The
agreement may provide for the property to be annexed for full purposes in phases.
In accordance with Section 43 123 of the Texas Local Government Code, the Development
Department shall prepare a planning study and a regulatory plan regarding the proposed
annexation of an area for limited purposes, and make the documents available to the public
for review and comment in advance of required public hearings. The City shall adopt the
regulatory plan by ordinance at the tune the City annexes the area for limited purposes.
C. General Provisions
The following provisions apply to all proposed full- and limited - purpose annexations*
1 As a prerequisite for any proposed annexation, the City Manager shall certify that the
proposed annexation would have no adverse effect upon the provision of municipal
is services within the City
1.
2. The City will annex any rights -of -way that are adjacent to and provide access to annexed
property
D. Protests of City- Initiated Annexation
• 1 Annexations Included in Annexation Plan. For any City- rnitrated annexation included in
the annexation plan, the City shall comply with Sections 43 0562 and 43 0564 of the
Texas Local Government Code as they prescribe procedures for negotiations and
arbitration regarding the provision of municipal services.
2. Annexations Not Included in Annexation Plan. For any City- mrtiated annexation not,
included in the annexation plan, and not subject to any of the exemptions in paragraph 4
of this section, affected property owners may submit a protest petition to the
• Development Department prior to the date of the second. City Council public hearing on
that annexation. The Development Department shall determine the validity of this protest
petition within 15 days of receipt. If the Development Department determines that the
petition is valid, the City at that time shall request the petitioners to select five
representatives to serve on a committee with City representatives to prepare the service
plan (in the case of full- purpose annexation) or the regulatory plan (in the case of limited-
purpose annexation). The service plan or the regulatory plan, as applicable, shall
document any objections that have been expressed by a majonty of the petitioners'
representatives on this committee. In any decisions regarding the proposed annexation,
the City Council shall take under advisement the City's receipt of the protest petition and
all deliberations pertaining to the service plan or the regulatory plan, as applicable.
3 Third -Party Fiscal Impact Analysis At the request of affected property owners, through a
valid protest petition as defined herein, the City shall hire an independent certified public
accountant to conduct a third -party fiscal unpact analysis using the methodology set forth
in Section V of this policy This provision for third -party fiscal impact analysis shall not
apply however to City- mitiated annexations that are subject to any of the exemptions in
paragraph 4 of this section.
EXHIBIT A
4 Exemptions. The following kinds of annexation areas shall be exempt from the
provisions of paragraphs 2 and 3
• • Street rights -of way
• Enclaves existing as of the date of adoption of this policy (see Map 1 attached), with
fewer than 100 lots or tracts containing residential dwellings;
• Integunsdictional boundary adjustments;
• Areas with environmental conditions that pose an imminent threat to public health
and safety as determined by the City Council,
• Areas that are subject to extraordinary economic development projects; and
• Areas with the minimum length and width necessary to provide contiguity with the
city limits for owner - initiated annexations.
IV DISANNEXATION
In accordance with Section 43 141 of the Texas Local Government Code, a majority of the
qualified voters of an annexed area may petition the City Council to disannex the area if the City
fails to provide services to the area within the period specified by the service plan. Similarly the
City may seek to disannex an area if it determines that it is unable to provide municipal services to
that area in accordance with State law
V PREPARATION OF FISCAL IMPACT ANALYSIS
For any proposed annexation, the Budget Office, in cooperation with other pertinent departments,
shall conduct a fiscal impact analysis that considers prospective revenues and expenditures for
both the General Fund and the Water and Sewer Fund. The Budget Office shall prepare a fiscal
impact report for review by the City Council, and shall make such report available for public
review upon request.
A. Revenues
The following revenues shall be considered.
1 Property taxes to be generated by existing land uses, based on Tarrant Appraisal District
assessed values and the City's current property tax rate.
2. Property taxes to be generated by proposed land uses, based on anticipated assessed
values and the City's current property tax rate.
3 Sales taxes.
4 Other General Fund revenues including: Other Local Taxes, Licenses and Permits, Fines
and Forfeitures, Use of Money and Property Service Charges, and Other Revenue.
5 Water and wastewater tap and impact fees.
6 Water and wastewater service fees.
B. Expenditures
The following expenditures shall be considered.
1 Operation and maintenance costs for all municipal services
2. Required capital improvements
6
1:0:1�: �1:\
C. Analysis Timeframe
The number of years in the analysis shall be based on the estimated build -out of the
•
development, the repayment timetable for any debt assumed in the analysis, or 10 years,
whichever is longer
D per Capita Data Sources
For budget information, the most recently adopted Annual Budget shall be used. For total
population and land use data, the most recently adopted Comprehensive Plan shall be used.
E. Population Estimate
To estimate population for an area, the number of housing units proposed for construction or
annexation shall be multiplied by the average household size for Fort Worth, or for a
comparable area within Fort Worth, according to the latest U.S Census.
F Methodology
1 Areas with Existing or Proposed Development: If an area is fully developed, or
substantially undeveloped but subject to an. approved concept plan and/or preliminary
plat, the analysis shall be based on the following guidelines.
a. For any undeveloped areas, the anticipated rate of development shall be based on the
construction timetable provided by the property owner
b Sales tax revenues and other General Fund revenues (item A 4 above) shall be
estimated on a per capita or per acre basis, as appropriate.
c. Water and wastewater revenues shall be based on existing land uses and any proposed
40 land uses provided by the property owner
d. Expenditures shall be estimated on a per capita, per acre, or per lmear foot basis, as
appropriate, unless actual costs can be determined.
2. Other Areas. If an area is undeveloped and not subject to an approved concept plan or
preliminary plat, the analysis shall be based on the following guidelines.
a. The mix of land uses shall be as depicted in the Comprehensive Plan.
b The anticipated rate of development shall be based on the annual growth rate for the
pertinent planning sector of the city
c. Sales tax revenues and other General Fund revenues (item A 4 above) shall be
estimated on a per capita or per acre basis, as appropriate.
d. Water and wastewater revenues shall be based on the future land uses identified in the
Comprehensive Plan.
e. Expenditures shall be estimated on a per capita, per acre, or per linear foot basis, as
appropriate, unless actual costs can be determined.
G. Timing for Preparation of Fiscal Impact Analysis
1 Annexations Initiated by roperty Owners. Upon receipt of a valid annexation petition
and application, the Budget Office shall conduct the fiscal impact analysis within 30 days
and prior to the City Council public hearing on establishing the annexation timetable. As
an alternative, the City will verify the accuracy of the fiscal impact analysis submitted by
• the property owners prior to initiating the annexation process.
7
EXHIBIT A
2. Annexations Initiated by the City- The City will conduct the fiscal impact analysis prior
to scheduling the required City Council public hearing on establishing the annexation
timetable.
VI. PREPARATION OF FIVE -YEAR ANNEXATION PROGRAM
The Planning Department, in cooperation with the Development Department and other pertinent
departments, shall prepare an annexation program that identifies areas that the City wishes to
consider for initiation of annexation during the succeeding five -year period. The program shall be
incorporated into the City's Comprehensive Plan, and revised as part of the annual update. The
program will estimate the year in which each proposed annexation might occur In preparing its
capital unprovement program and annual operating budget, the City shall determine the feasibility
of providing municipal services to areas identified in the annexation program. The City shall
involve property owners and community organizations from the extraterritorial jurisdiction, as well
as those from the City itself, in formulating the five -year annexation program.
0 In formulating the annexation program, the City shall assign priority to annexing areas that are
located within the geographic scope of its Certificate of Convenience and Necessity (CCN), within
the geographic scope of another CCN that complies with the City of Fort Worth s standards for
water and wastewater infrastructure, or within a Municipal Utility District that complies with such
standards.
The City wishes to allocate sufficient time for the transition of proposed annexation areas from the
• ETJ into the city. This transitional period would enable the City to arrange for the provision of
adequate municipal services, and would enable affected property owners to prepare for the impacts
of annexation. Accordingly the annexation program shall delay any City - initiated annexations for
three years or more from the date of the annexation area s initial inclusion in the program. The
following kinds of annexation areas, however, shall be exempt from this waiting period.
• Street rights -of way-
• Enclaves existing as of the date of adoption of this policy (see Map 1 attached), with fewer
than 100 lots or tracts containing residential dwellings;
• Integunsdictional boundary adjustments,
• Areas with environmental conditions that pose an imminent threat to public health and safety
as determined by the City Council,
• Areas that are subject to extraordinary economic development projects, and
• Areas with the minimum length and width necessary to provide contiguity with the city limits
for owner- mitiated annexations.
Inclusion of an area in the five -year annexation program does not obligate the City to annex that
area. Similarly exclusion of an area from the five year annexation program does not prevent the
City from annexing the area.
VII. PREPARATION OF THREE -YEAR ANNEXATION PLAN
• In accordance with Section 43 052 of the Texas Local Government Code, the City of Fort Worth
shall amend its annexation plan to identify certain areas that the City intends to annex. The
annexation plan must include any proposed annexation area with 100 or more separate lots or
EXHIBIT A
tracts of land containing residential dwellings. An area identified in the plan may only be annexed
beginning on the thud anniversary of the date the plan is amended to include that area.
• Upon adoption of the five -year annexation program, the Planning Department shall identify those
areas with 100 or more separate lots or tracts of land containing residential dwellings and schedule
necessary amendments to the annexation plan. The three year annexation plan will not necessarily
contain all the areas that are included in the five -year annexation program.
VIII. EXTERNAL COMMUNICATION
In addition to public hearing requirements established by Sections 43 0561 and 43 124 of the
Texas Local Government Code,. the City of Fort Worth shall seek to communicate with City
residents, affected property owners and pertinent government agencies throughout the annexation
process. The City shall use its website, community meetings, direct mail, the City Page, and other
appropriate media to disseminate information about any City - initiated annexation. Upon request,
the City's Community Relations Department shall assist affected property owners in establishing
. neighborhood organizations so as to facilitate communication with the City
The City shall seek public comments during the annual update of the annexation program at
meetings of various community organizations throughout the City and its extraterritorial
jurisdiction. At these meetings, the City shall explain the benefits of annexation, including full
municipal services, planning, zoning, health and safety regulations; economic development; and
orderly growth. The City shall also explain the costs to be incurred by the City and by affected
• property owners as a.result of annexation.
Prior to conducting formal public hearings on any City - initiated annexation, the City shall conduct
one or more public information meetings to explain the purpose of the annexation and to describe
the annexation process. The City shall notify affected property owners about these meetings by
direct mail.
Upon adoption of any annexation ordinance, the City shall notify the pertinent county government
agencies and affected property owners.
•