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HomeMy WebLinkAboutOrdinance 19950-10-2011ORDINANCE NO.19950-10-2011 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 38.2 ACRE TRACT OF LAND SITUATED IN THE JEREMIAH IVEY SURVEY, ABSTRACT NUMBER 649, SITUATED ABOUT 18.7 MILES NORTH 6 DEGREES EAST OF THE COURTHOUSE, TARRANT COUNTY, TEXAS (CASE NO. AX-I1-011) WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT THE TERRITORY ANNEXED SHALL BEAR ITS PRO RATA PART OF TAXES; PROVIDING THAT THE INHABITANTS THEREOF SHALL HAVE ALL THE PRIVILEGES OF ALL THE CITIZENS OF FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR SEVERABILITY; AND NAMING AN EFFECTIVE DATE. WHEREAS the City of Fort Worth has received a petition in writing requesting the full -purpose 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 38.2 acres of land (0.060 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: Page 1 Ordinance No. 19950-1O-2(11 1 BEING a tract of land situated in the Jeremiah Ivy Survey, Abstract No. 649, Denton County, Texas, being a remainder portion of the SECOND TRACT as described in deed to Mitchell, Mitchell & Mitchell Partners, Ltd., recorded in Volume 4498, Page 2108, Deed Records, Denton County, Texas (DRDCT), and being more particularly described as follows: COMMENCING at a point at the intersection of the east line of the B.N. & S.F. Railroad Company right of way (apparent 100' R.O.W., no record found, formerly the Gulf, Colorado & Santa Fe Railroad Company), with the south line of Doc Mitchell Road (per dedication deed, 2010-22890, DRDCT), the most westerly south line of the final plat of TEXAS MOTOR SPEEDWAY, an addition to the City of Fort Worth, Denton County, Texas as recorded in Cabinet V, Slide 493, Plat Records, Denton County, Texas (PRDCT), and with the south line of an Access Easement Agreement to Mitchell, Mitchell & Mitchell Partners, Ltd. and the Mitchell Family Trust, their successors and/or assigns as recorded in 2010-28756 & 2010-32893, DRDCT, also being the northwest corner of a remainder portion of said Mitchell SECOND TRACT, from which a 5/8" rebar with a plastic cap stamped "ANA" found bears N 76°31'19" W, 0.36 feet; THENCE Southwesterly, along the east line of said B.N. & S.F. Railroad Company right of way, the west line of said Mitchell SECOND TRACT, and a curve to the left, having a radius point that bears S 73°58'03" E, 11409.20 feet, a central angle of 01°45'17", an arc distance of 349.43 feet, and chord that bears S 15°09'19" W, 349.42 feet to POINT OF BEGINNING of the herein described tract of land; THENCE departing the east line of said B.N. & S.F. Railroad Company right of way, traversing said Mitchell SECOND TRACT, along the south line of a tract of land as described in City of Fort Worth Annexation Ordinance No. 13347, as follows: S76°31'19" E, a distance of 1076.72 feet; N 89°28'08" E, a distance of 126.19 feet to a point in the east line of said Mitchell SECOND TRACT and the west line of a tract of land as described in deed to C.M. Henry and wife, Oneta Henry, recorded in Volume 976, Page 476, DRDCT, from which a 1/2" rebar found at the northeast corner of a remainder portion of said Mitchell SECOND TRACT, the southeast corner of said Petty Place dedication deed, the southeast corner of said Access Easement Agreement, and the northwest corner of a tract of land as described in deed to Terry Melvin Henry, recorded in Volume 4517, Page 577, DRDCT bears N 00°24'49" W, 349.31 feet; THENCE S 00°24'49" E, along the east line of said Mitchell SECOND TRACT, the west line of said C.M. Henry and Oneta Henry tract, the west line of a tract of land as described in deed to Clarence Melvin Henry, recorded in Volume 5545, Page 1668, DRDCT, the west line of a tract of land as described in deed to Charles Clyde Bellinghausen, recorded in Volume 5314, Page 2 Ordinance No. 19950-10-2011 Page 2779, DRDCT, at a distance of 1044.84 feet passing a 5/8" rebar found 0.3 feet east of line at the southwest corner of said Bellinghausen tract and the northwest corner of a tract of land as described in deed to Kyle D. Walker and wife, Leta G. Walker, recorded in 2005- 117227, DRDCT, at a distance of 1074.78 feet passing a 5/8" rebar found at the west southwest corner of said Walker tract and the northwest corner of a tract of land as described in deed to UCC Properties, Ltd., recorded in 2008-19083, DRDCT, continuing a total distance of 1240.31 feet to a 1/2" rebar with a yellow plastic cap stamped "Goodwin & Marshall" set (hereafter referred to as 1/2" rebar capped set) at the southeast corner of a remainder portion of said Mitchell SECOND TRACT and the north northeast corner of a tract of land as described in deed to Industrial Developments International (Texas), L.P. (hereafter referred to as IDI tract), recorded in 2007-44535, DRDCT; THENCE N 77°00'00" W, departing the west line of said UCC Properties, Ltd. tract, along the south line of a remainder portion of said Mitchell SECOND TRACT and the north line of said IDI tract, a distance of 1489.93 feet to a 1/2" rebar capped set in the east line of said B.N. & S.F. Railroad Company right of way at the southwest corner of a remainder portion of said Mitchell SECOND TRACT and the northwest corner of said IDI tract; THENCE along the east line of said B.N. & S.F. Railroad Company right of way and the west line of said Mitchell SECOND TRACT, as follows: N 13°00'00" E, a distance of 931.51 feet to a 1/2" rebar capped set at the point of curvature of a curve to right, having a radius of 11409.20 feet; Northeasterly, along said curve, having a central angle of 01 ° 16'40", an arc distance of 254.44 feet, and a chord that bears N 13°38'20" E, 254.44 feet to the Place of Beginning and containing some 38.2 acres (0.060 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 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. Page 3 Ordinance No. 19950-10-201 1 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. APPROVED AS TO FORM AND LEGALITY: tri Melinda Ramos, Assistant City Attorney ADOPTED AND EFFECTIVE: October 25, 2011 Page 4 Ordinance No. 19950-10-201 1 Project Case # AX-11-011 38.2 Acres Under Consideration for Annexation Legend Proposed Process Schedule II Map References Proposed Annexation Area Date of Institution I 7/26/11 Areal I 642M Current Full -Purpose Incorporated Area 334 51 Square Miles OFort Worth City Limits Fort Worth ETJ 0 500 1,000 2,000 Feet Exhibit A LT WALTRW FORT WORTH Planning & Development Department 6/13/11 - BN OR THE ACCIJAACY0iSAJOCAT. L.5',11V'E.Y5C•I THE CI, OF FORT APR, ASHMES RESPONS., AX-11-011 12700 block of Private Road 4716 Exhibit B CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Property Subject to Plan: BEING 38.2 acres of land situated in the J. Ivey Survey, Abstract Number 649; situated about 18.7 miles North 6 degrees East of the Courthouse in Tarrant County, Texas. Location and Acreage: Approximately 38.2 acres of land in Denton County, located north of SH 114 and east of FM 156. 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 Q377. 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) 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; and Inspections. These services are provided on a citywide basis. All Fort Worth firefighters are certified by the Texas Commission on Fire Protection. 1 AX-11-011 12700 block of Private Road 4716 Exhibit B On the date of annexation, the first responding fire services will come from Fire Station 11, located at 1900 Texan Drive. The second responding fire company will be from Fire Station 35, located at 2201 Flight Line Road. The Fire Department estimates the response time to be 4.1 and 10.0 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. Residential areas that are Private Communities where the real property and all infrastructure are owned and maintained by a property owners association representing the residents and home owners of that private development will need to enter in to a service agreement with the City in order to receive solid waste collection service in accordance with Chapter 12.5-821(f) of the city ordinance. 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, 2 AX-11-011 12700 block of Private Road 4716 Exhibit B 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 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 Anv Other Publicly Owned Facility, Building or Service. In the event the City acquires any other facilities, buildings or services necessary for municipal services located in the Annexation Area, the appropriate City department will provide maintenance services. 2. PROGRAM FOR PROVIDING ADDITIONAL SERVICES In addition to the services identified above, the following services will be provided in the Annexation Area on the effective date of the annexation, unless otherwise noted: A. The residents of the Annexation Area will receive the following library services from the Fort Worth 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. 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 3 AX-11-011 12700 block of Private Road 4716 Exhibit B 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. 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'/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 (4-1/2) 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 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. 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 11 has a 4.1 minute response time to the Annexation Area. 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, and call volume. 4 AX-11-011 12700 block of Private Road 4716 Exhibit B 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. Fort Worth is currently maintaining the existing 12-inch and 16-inch water and 8-inch sewer mains located at west and south property boundary. 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. E. Roads. Future capital improvements are not estimated since this annexation consists of a single commercial 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. 5