HomeMy WebLinkAboutOrdinance 19760-07-2011AX -11 -004
ORDINANCE NO.19760 -07 -2011
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 0.3 ACRE TRACT
OF LAND SITUATED IN THE MEP &P RR SURVEY, ABSTRACT NUMBER 906,
SITUATED ABOUT 17.5 MILES NORTH 13 DEGREES EAST OF THE
COURTHOUSE, TARRANT COUNTY, TEXAS (CASE NO. AX -11 -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 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 Chamber in the
Municipal Office Building of Fort Worth, Texas, on the 7th day of
June 2011; 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 Chamber in the
Municipal Office Building of Fort Worth, Texas, on the 14th day of
June 2011; 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, and posted on the
City of Fort Worth's Internet web site on the 20th day of May 2011;
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 and posted on the
City of Fort Worth's Internet web site on the 26th day of May 2011;
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
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AX -11 -004
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
0.3 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:
BEING a parcel of land situated in the MEP &P RR Survey, Abstract
Number 906, Denton County, Texas, as conveyed to David Hebenstreit,
according to the deed recorded at CC# 2005 - 101713, of the Deed
Records of Denton County, Texas, also having previously been
described as Lot 38, Block 1, of Brookstone I, according to plat
thereof recorded in Cabinet E, Page 356, of the Plat Records of
Denton County, Texas, being the Save and Except parcel out of an
80.4181 acre tract annexed by the City of Fort Worth, by Ordinance
Number 14055, and being the Save and Except parcel out of the plat
of Seventeen Lakes, an addition to the City of Fort Worth according
to plat thereof recorded in Cabinet W, Pages 936 through 940, of
the Plat Records of Denton County, Texas and being more
particularly described by metes and bounds as follows;
BEGINNING: in the current City Limits, at the most southerly
southeast corner of Block 3, of said Seventeen Lakes, for the
southwest corner of the herein described parcel, and being in the
north right -of -way of Lakeside Hollow Street, formerly White Rock
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AX -11 -004
Lane;
THENCE with the current City Limits, and the most south east line
of said Block, North 00 degrees 50 minutes 18 second West, 114.6
feet, to the northwest corner of the herein described parcel;
THENCE continuing with the current City Limits, and a southeasterly
line of said Block, North 55 degrees 33 minutes 12 second East,
43.39 feet, to an angle point;
THENCE continuing with the current City Limits, and said
southeasterly line, North 29 degrees 58 minutes 43 second East,
23.76 feet, to an angle point;
THENCE continuing with the current City Limits, and said
southeasterly line, North 51 degrees 48 minutes 18 second East,
57.43 feet, to the northeast corner of the herein described parcel,
and being the northwest corner of Lot 2, Block 8, of said Seventeen
Lakes Addition;
THENCE continuing with the current City Limits, and the west line
of said Lot, South 00 degrees 35 minutes 07 seconds West, 193.78
feet, to the southeast corner of the herein described parcel, and
being an ell corner in said right -of -way;
THENCE continuing with the current City Limits, and said right -of-
way, South 89 degrees 03 minutes 48 seconds West, 89.15 feet to the
Place of Beginning and containing some 0.3 acres (0.001 square
miles) 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 P1-an and shall be bound by the acts, ordinances, resolutions
and regulations of the City of Fort Worth, Texas.
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AX -11 -004
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.
SECTION 8.
That this ordinance shall take effect upon adoption.
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APPROVED AS TO FORM AND LEGALITY:
NWV�
Melinda Ramos, Assistant City Attorney
ADOPTED AND EFFECTIVE: July 12, 2011
City of Fort Worth, Texas
Mayor and Council Communication
RECOMMENDATION:
It is recommended that the City Council institute and consider the adoption of an ordinance annexing
approximately 0.3 acres of land in Denton County, Texas, located generally east of Cleveland -Gibbs Road
and south of Litsey Road.
DISCUSSION:
On May 3, 2011, (M &C PZ -2935) 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 June 7, 2011 and June 14, 2011. The institution and
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
surrounded by a developing subdivision. The property currently contains a single family residence. No
immediate plans for new development are noted.
The fiscal impact analysis shows that the enclave will provide a positive cummulative impact to the
General Fund, beginning with the first year of annexation. No roadway improvements are required, as no
rights -of -way exist inside the annexation area. The Police Department has estimated no impact, and other
General Fund services have estimated an impact of $244.00 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 Financial Management Services Director certifies that funds are available in the current operating
budgets of the various City departments, as appropriated, of the General Fund.
FUND CENTERS:
TO Fund /Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by:
Ori ig nating Department Head:
Additional Information Contact:
FROM Fund /Account/Centers
Fernando Costa (6122)
Randle Harwood (6101)
Beth Knight (8190)
Logname: 065030 ADOPT AX -11 -004 Page 1 of 1
AX -11 -004 4561 Lakeside Hollow Street Exhibit B
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Property Subject to Plan: BEING 0.3 acres of land situated in the MEP& P RR Survey, Abstract
Number 906; situated about 17.5 miles North 13 degrees East of the
Courthouse in Tarrant County, Texas.
Location and Acreage: Approximately 0.3 acres of land in Denton County, located south of Litsey
Road and east of Cleveland -Gibbs Road.
Municipal services to the Annexation Area will be furnished by or on behalf of the City of Fort Worth, Texas,
at the following levels and in accordance with the following service plan programs:
1. PROGRAM FOR SERVICES TO BE PROVIDED ON THE EFFECTIVE DATE OF THE
ANNEXATION
The City will provide the following services in the Annexation Area on the effective date of the annexation,
unless otherwise noted.
As used in this plan, the term 'providing services' includes having services provided by any method or
means by which the City may extend municipal services to any other area of the City, including the City's
infrastructure extension policies and developer or property owner participation in accordance with applicable
city ordinances.
A. Police Protection
The Fort Worth Police Department will provide protection and law enforcement services in the
Annexation Area commencing on the effective date of 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 existing Police
Reporting Areas 0320. The area will be added to Beat N15 in Zone N1 in North Division.
B. Fire Protection
Fire protection services will be provided by existing personnel and equipment of the Fort Worth Fire
Department. These services will be provided based upon available water, road and street
conditions, and distances from existing fire stations. Services will be provided to the annexation area
commencing on the effective date of the annexation. These services include:
Basic Life Support (BLS) 1 st responder emergency medical services
Fire suppression and rescue;
Hazardous materials mitigation and regulation;
Dive rescue;
Technical rescue;
Fire Safety Education;
Aircraft/rescue /firefighting;
Fire protection system plan review; and
Inspections.
These services are provided on a citywide basis. All Fort Worth firefighters are certified by the Texas
Commission on Fire Protection.
On the date of annexation, the first responding fire services will come from Fire Station 38, located at
13280 Park Vista Boulevard. The second responding fire company will be from Fire Station 35
AX -11 -004 4561 Lakeside Hollow Street Exhibit B
located at 2201 Flight Line Road. The Fire Department estimates the response time to be 11.1 and
13.0 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 issued by the City of Fort
Worth to provide service within the city limits.
E. Operation and Maintenance of Water and Wastewater Facilities
Existing occupied homes that are using water well and on -site sewer facilities (and therefore have
service) may continue to use the existing water well and on -site sewer facilities. If the existing
property owner would like to connect to the City water and sewer system, then the property owner
may request connection and receive up to 200 LF of water and sewer extension at City cost for each
occupied property lot or tract in accordance with the "Policy for the Installation of Community
Facilities" and as consistent with the Texas Local Government Code.
Upon connection to the City's water and sanitary sewer mains, water and sanitary sewage service
will be provided at rates established by City ordinances for such service at the normal rates charged
throughout the City.
F. Operation and Maintenance of Roads and Streets Including Street Lighting
The following services will be provided in the Annexation Area commencing on the effective date of
the 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 surface 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.
AX -11 -004 4561 Lakeside Hollow Street Exhibit B
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
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 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.
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
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
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 floodplain management and information regarding flood plains,
as well as watershed development review and inspection.
D. Enforcement of the City's code, consumer health, and animal care and control ordinances and
regulations, that include but not limited to: high weeds and grass, trash and debris, solid waste, trash
carts and illegal dumping, junked and abandoned vehicles, zoning, food, daycare, pool and spa
inspections, stray animals, cruelty and bite investigations. 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.
AX -11 -004 4561 Lakeside Hollow Street Exhibit B
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.
H. In addition to residential solid waste collection services, the Environmental Management Division will
provide the following services:
Emergency spills and pollution complaints response;
Storm sewer discharge pollution prevention; and
Water quality assessments for creeks.
3. PROGRAM FOR PROVIDING FULL MUNICIPAL SERVICES WITHIN 2'/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 (2-1/2) 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 (2-1/2) 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 38 has an 11.1 minute response time to the Annexation Area.
Consideration should be given to constructing new stations and staffing new facilities prior to final
decision to complete annexation.
C. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste
collection services to the Annexation Area.
D. Water and Wastewater. Existing occupied homes that are using water well and on -site sewer
facilities (and therefore have service) may request connection to the Fort Worth system (receiving up
to 200 LF of water and sewer extension at City cost for each occupied property lot or tract) in
accordance with the "Policy for the Installation of Community Facilities" and as consistent with the
Texas Local Government Code.
AX -11 -004 4561 Lakeside Hollow Street Exhibit B
Vacant properties' water and sewer extensions will be installed by the Developer in accordance with
the "Policy for the Installation of Community Facilities ". All water and wastewater facilities will be at
the developer's cost and as consistent with the Texas Local Government Code. Water and sewer
line sizes will be determined based upon the water /sewer study provided by the developer's
engineer. Any City participation on water and sewer facilities will be in accordance with the
"Installation Policy of Community Facilities" and the Texas Local Government Code. Upon
connection, to existing water and sanitary sewer mains, water and sanitary sewage service will be
provided at rates established by City ordinances for such service at the normal rates charged
throughout the City.
Currently, an existing 8 -inch water main is located along south property line in Lakeside Hollow
Street. An existing 8 -inch sewer is also found in Lakeside Hollow Street.
E. Roads. Future capital improvements are not estimated since this annexation consists of a single
residential lot.
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, 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 Dedication 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.
Project Case # AX -11 -004 Exhibit
Addition of 0.3 Acres to become part of Council District 2
Legend
. Proposed Annexation Area
O Fort Worth City Limits
Proposed Process Schedule
Map Re erences
1st Public Hearing
06/07/11
Ma sco
643U
2nd Public Hearin
06 /14/11
Date of Institution
07112111
Current Full- Purpose Incorporated Area
334 52 Square Miles
Fort Worth ETJ 0 250 500 1,000 Feet
8 Fox_ r WORTH
c
Plannmg & Detelopment Department
3/9/11 -BK