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HomeMy WebLinkAboutOrdinance 20002-12-2011AX-11-013 ORDINANCE NO. 20002-12-2011 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 251.0 ACRE TRACT OF LAND SITUATED IN BOTH DENTON AND TARRANT COUNTY IN THE J. EVANS SURVEY, ABSTRACT NUMBER 396; J. EVANS HEIRS SURVEY, ABSTRACT 470; R. KING SURVEY, ABSTRACT 723; R. KING SURVEY, ABSTRACT 905; J. MATTHEWS SURVEY, ABSTRACT 1021; AND THE Z.D. DAVIS SURVEY, ABSTRACT 1888; SITUATED ABOUT 14.9 MILES NORTH 9 DEGREES EAST OF THE TARRANT COUNTY COURTHOUSE, TEXAS (CASE NO. AX-11-013) 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 1st day of November 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 15th day of November 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, on the 14th day of October 2011, and posted on the City of Fort Worth's Internet web site on the 14th day of October 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 on the 31st day of October 2011, and posted on the City of Fort Worth's Internet web site on the 28th day of October 2011; and WHEREAS prior to the posting and publication of the notices of public hearings, a Service Plan Ordinance No. 20002-12-2011 Page 1 of 8 AX-11-013 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 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 251.0 acres of land (0.404 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 for a reentrant corner of the tract being described herein at a brass right-of-way monument found at the Northwest corner of the area described in City of Fort Worth Ordinance Number 14190, dated May 9, 2000, on the current Southeast right-of-way line of Interstate Highway 35W; THENCE Southwesterly with the City of Fort Worth Corporate limits along the said Southeast right-of-way line of Interstate Highway 35W, along the arc of a curve to the left having a radius of 5,229.7 feet (5,229.65 feet), an arc length of 818.8 feet (818.78 feet), chord bearing South 23 Degrees 43 Minutes 06 Seconds West a distance of 817.9 feet, to the East line of the area described as Tract 1 in the City of Fort Worth Ordinance Number 9914, dated July 28, 1987; THENCE North 00 Degrees 17 Minutes 28 Seconds West (North 00 Degrees 45 Minutes 57 Seconds East) continuing with the City of Fort Worth Corporate Limits a distance of 97.6 feet to a salient corner therein on the previous Southeast right-of-way line of Interstate Highway 35W; THENCE North 68 Degrees 52 Minutes 43 Seconds West (North 68 Degrees 21 Minutes 05 Seconds West) continuing with the City of Fort Worth Corporate Limits across Interstate Highway 35W a distance of 360.2 feet (350.00 feet), more or less, to the previous Northwest Ordinance No. 20002-12-201 1 Page 2 of 8 AX-11-013 right-of-way line thereof at a salient corner of the said Ordinance Number 9914, Tract 1; THENCE Northeasterly continuing with the City of Fort Worth Corporate Limits and the previous Northwest right-of-way line of Interstate Highway 35W the following seven calls: 1. Along the arc of a curve to the right having a radius of 5,904.6 feet (5,904.58 feet), an arc length of 858.7 feet (857.90), chord bearing North 25 Degrees 15 Minutes 17 Seconds East (North 25 Degrees 45 Minutes 54 Seconds East) a distance of 858.0 feet (857.90 feet); 2. North 29 Degrees 25 Minutes 15 Seconds East (North 29 Degrees 56 Minutes 53 Seconds East) a distance of 3,312.1 feet (3,311.38 feet), more or less; 3. North 00 Degrees 25 Minutes 23 Seconds West (North 00 Degrees 05 Minutes 51 Seconds East) a distance of 176.6 feet (176.21 feet), more or less; 4. North 89 Degrees 34 Minutes 37 Seconds East (North 89 Degrees 29 Minutes 31 Seconds East) a distance of 101.3 feet (101.76 feet), more or less; 5. North 29 Degrees 25 Minutes 15 Seconds East (North 29 Degrees 56 Minutes 53 Seconds East) a distance of 1,408.7 feet (1,407.78 feet), more or less, to the beginning of a curve to the right having a radius of 11,634.2 feet (11,634.16 feet); 6. Along the arc of the said curve, an arc length of 196.9 feet (196.82 feet), more or less, chord bearing North 29 Degrees 54 Minutes 20 Seconds East (North 30 Degrees 25 Minutes 58 Seconds East) a distance of 196.9 feet (196.82 feet) to the end of the said curve; 7. North 30 Degrees 23 Minutes 25 Seconds East (North 30 Degrees 55 Minutes 03 Seconds East) a distance of 165.2 feet (154.08 feet) to a salient corner of the area described in the City of Fort Worth Ordinance Number 10357, dated August 8, 1989; THENCE South 28 Degrees 34 Minutes 56 Seconds East (North 27 Degrees 27 Minutes 47 Seconds West) crossing Interstate Highway 35W continuing with the City of Fort Worth Corporate Limits a distance of 408.6 feet (410.11 feet), more or less, to a salient corner of the said Ordinance Number 10357 in the previous Southeast right-of-way line of Interstate Highway 35W; THENCE Easterly with the City of Fort Worth Corporate limits the following three calls: 1. North 89 Degrees 55 Minutes 07 Seconds East (North 89 Degrees 30 Minutes 53 Seconds West) passing the current Southeast right-of-way line of Interstate Highway 35W and continuing along the same course, in all, a total distance of 2,469.8 feet (2,470.68 feet), more or less, to the center of Old Denton Road; 2. South 00 Degrees 04 Minutes 53 Seconds East (North 00 Degrees 11 Minutes 49 Seconds West) a distance of 30.5 feet (30.00 feet), more or less, to a 5/8 inch iron rod found in the center of Old Denton Road; 3. South 89 Degrees 36 Minutes 52 Seconds East (North 89 Degrees 04 Minutes 27 Seconds West) a distance of 1.592.2 feet; Ordinance No. 20002-11-201 1 Page 3of8 AX-11-013 THENCE Southeasterly, departing the City of Fort Worth Corporate Limits with the East line of the called 100.778 acre tract described in the deed to Lutheran Church Extension Fund -Missouri Synod recorded in Document Number 2009-27543 of the Real Property Records of Denton County, Texas the following three calls: 1. South 00 Degrees 23 Minutes 16 Seconds East a distance of 593.7 feet, more or less, to an angle point therein; 2. South 00 Degrees 05 Minutes 33 Seconds East a distance of 1,075.2 feet, more or less, to an angle point therein; 3. South 00 Degrees 47 Minutes 38 Seconds East a distance of 700.2 feet, more or less, to the City of Fort Worth Corporate Limits as defined by the area described in the City of Fort Worth Ordinance Number 15651, dated August 19, 2003; THENCE Westerly with the City of Fort Worth Corporate limits the following three calls: 1. North 89 Degrees 49 Minutes 46 Seconds West (South 89 Degrees 52 Minutes 14 Seconds East) a distance of 1,401.3 feet (1,399.02 feet), more or less; 2. South 06 Degrees 55 Minutes 33 Seconds West (North 06 Degrees 55 Minutes 17 Seconds East) a distance of 1,272.9 feet (1,272.87 feet), more or less; 3. South 00 Degrees 00 Minutes 16 Seconds West (North) a distance of 357.6 feet (357.57 feet), more or less to a 5/8 inch iron rod with a plastic cap stamped "DUNAWAY" found on the North line of the area described in the City of Fort Worth Ordinance Number 14360, dated October 3, 2000; THENCE South 89 Degrees 33 Minutes 05 Seconds West (North 89 Degrees 53 Minutes 56 Seconds East) continuing with the City of Fort Worth Corporate Limits a distance of 60.4 feet, more or less, to a 5/8 inch iron rod with a plastic cap stamped "DUNAWAY" found at the Westerly Northwest corner of the said Ordinance Number 14360; THENCE South 00 Degrees 17 Minutes 36 Seconds East (North 00 Degrees 08 Minutes 14 Seconds West) continuing with the City of Fort Worth Corporate Limits a distance of 1,319.8 feet (1,321.18 feet), more or less, to the Northwest corner of the area described in the City of Fort Worth Ordinance Number 14189, dated May 9, 2000; THENCE South 00 Degrees 30 Minutes 16 Seconds East (North 00 Degrees 39 Minutes 49 Seconds West) continuing with the City of Fort Worth Corporate Limits a distance of 2,409.4 feet (2,409.69 feet), more or less, to the Southwest corner of the said City of Fort Worth Ordinance Number 14189; THENCE North 43 Degrees 34 Minutes 07 Seconds East (South 43 Degrees 25 Minutes 19 Seconds East) continuing with the City of Fort Worth Corporate Limits a distance of 958.1 feet (948.24 feet), more or less, to the West line of the area described in the City of Fort Worth Ordinance Number 13545, dated August 11, 1998; THENCE Southeasterly, continuing with the City of Fort Worth Corporate Limits the following three calls: Ordinance No. 20002-12-201 1 Page 4 of 8 AX-11-013 1. South 00 Degrees 48 Minutes 04 Seconds East (North 00 Degrees 44 Minutes 29 Seconds West) a distance of 720.1 feet, more or less; 2. North 88 Degrees 43 Minutes 02 Seconds East (South 88 Degrees 34 Minutes 36 Seconds West) a distance of 89.6 feet (89.62 feet), more or less; 3. South 01 Degrees 42 Minutes 30 Seconds East (North 01 Degrees 50 Minutes 56 Seconds West) a distance of 217.6 feet (197.07 feet), more or less, to the North line of the area described as Tract 2 in the said City of Fort Worth Ordinance Number 9914 in Keller - Haslet Road; THENCE Westerly along Keller -Haslet Road continuing with the City of Fort Worth Corporate Limits the following four calls: 1. South 88 Degrees 56 Minutes 55 Seconds West (North 88 Degrees 26 Minutes 13 Seconds East) a distance of 608.8 feet, more or less; 2. North 88 Degrees 33 Minutes 04 Seconds West (South 89 Degrees 03 Minutes 46 Seconds East) a distance of 1,247.6 feet (1,247.61 feet), more or less; 3. North 89 Degrees 45 Minutes 21 Seconds West (North 89 Degrees 45 Minutes 57 Seconds East) a distance of 1,147.9 feet (1,147.85 feet), more or less; 4. South 89 Degrees 09 Minutes 10 Seconds West (North 88 Degrees 38 Minutes 28 Seconds East) a distance of 424.5 feet (424.47 feet), more or less, to the East line of the area described in the City of Fort Worth Ordinance Number 16743, dated December 20, 2005 at the intersection of the center of Keller -Haslet Road with the center of Old Denton Road; THENCE North 00 Degrees 09 Minutes 29 Seconds East (South 01 Degrees 31 Minutes 30 Seconds West) along the center of Old Denton Road with the City of Fort Worth Corporate limits a distance of 25 feet, more or less, to the Northeast corner of the area described in the City of Fort Worth Ordinance Number 16743; THENCE South 89 Degrees 00 Minutes 53 Seconds West (North 89 Degrees 43 Minutes 23 Seconds East) continuing with the City of Fort Worth Corporate Limits along the North side of Keller -Haslet Road a distance of 25 feet, more or less, to the Southeast corner of the area described in the said City of Fort Worth Ordinance Number 14190 on the West side of Old Denton Road; THENCE North and West with the City of Fort Worth Corporate Limits the following four calls: 1. North 00 Degrees 03 Minutes 26 Seconds East (South 00 Degrees 35 Minutes 41 Seconds West) along the West side of Old Denton Road a distance of 1,532.9 feet (1,535.46 feet), more or less; 2. South 89 Degrees 02 Minutes 14 Seconds East (North 88 Degrees 28 Minutes 58 Seconds West) a distance of 50 feet (50.0 feet), more or less, to the East side of Old Denton Road; 3. North 00 Degrees 03 Minutes 26 Seconds East (South 00 Degrees 35 Minutes 41 Seconds West) along the East side of Old Denton Road a distance of 1,900 feet (1,900.00 feet), more or less, to the Northeast corner of Ordinance Number 14190; Ordinance No. 20002-12-201 1 Page 5 of 8 AX-11-013 North 89 Degrees 02 Minutes 14 Seconds West (South 88 Degrees 28 Minutes 58 Seconds East) passing at a distance of 50 feet a 1/2 inch iron rod found on the West side of Old Denton Road and continuing along the same course, in all, a total distance of 2,356.6 feet (2,351.69 feet), also being the Place of Beginning and containing 749.5 acres more or less. SAVE AND EXCEPT THE FOLLOWING PROPERTIES DUE TO A SIGNED DEVELOPMENT AGREEMENT IN LIEU OF ANNEXATION: Tract 1 of the James Matthews Survey, Abstract 1021, owned by Cinnamon Creek Ranch LLC, noted as Instrument Number D210299521 of the Deed Records of Tarrant County, Texas; Tracts 2 and 2A of the James Matthews Survey, Abstract 1021, owned by Frances Clark and Philip Sotel, as noted in Volume 14797, Page 205 of the Deed Records of Tarrant County, Texas; Tract 18 of the Rufus King Survey, Abstract 723, owned by David Day, as noted in Volume 1090, Page 369 of the Deed Records of Denton County, Texas; Tract 16 of the Rufus King Survey, Abstract 723, owned by Sadie Ford, as noted in Volume 1106, Page 532 of the Deed Records of Denton County, Texas; Tract 19 of the Rufus King Survey, Abstract 723, owned by Sherman & Malinda Hall and Mark & Norene Schlemmer, as noted in Volume 2007, Page 34560 of the Deed Records of Denton County, Texas; Tract 3H of the Rufus King Survey, Abstract 905, owned by Marzelle Harkness, noted as Instrument Number D203048771 of the Deed Records of Tarrant County, Texas; Tracts 3P and 3Q, of the Rufus King Survey, Abstract 905; owned by Gary and Peggy Hughes, as noted in the Deed Records of Tarrant County, Texas and Tracts 12A, 12B, 13, 15A, and 15B of the Rufus King Survey, Abstract 723, owned by Gary and Peggy Hughes, noted as Deed Number 94-0083766 of the Deed Records of Denton County, Texas; Tract 1A of the Rufus King Survey, Abstract 905; and Tract 1A of the Louis King Survey, Abstract 906; and Tract 4 of the James Matthews Survey, Abstract 1021; owned by Langston Land Partners, noted as Instrument Numbers D203429539 and D203429539 of the Deed Records of Tarrant County, Texas; Tract 6 of the Rufus King Survey, Abstract 723, owned by the Lutheran Church Extension Fund, noted as Deed Number 2009-27543 of the Deed Records of Denton County, Texas and Tract 2 of the Rufus King Survey, Abstract 905, owned by the Lutheran Church Extension Fund, noted as Instrument Number D209049441 of the Deed Records of Tarrant County, Texas; Tracts 2A, 3A, 3B, and 3B1 of the Jonathan Evans Heirs Survey, Abstract 470; and Tract 3 E 1 of the Rufus King Survey, Abstract 905; and Tracts 6 and 6B of the James Matthews Survey, Abstract 1021, owned by the Mount Olivet Cemetery Association, as noted in Volume 7789, Page 1974; Volume 7769, Page 2050; and Volume 8602, Page 757 of the Deed Records of Tarrant County, Texas; Tract 3N of the Rufus King Survey, Abstract 005, owned by Richard and Pearl O'Connor, as noted in the Deed Records of Tarrant County, Texas; and Tracts 12, 14, 15, and 15C Ordinance No. 20002-12- 201 1 Page 6 of 8 AX-11-013 of the Rufus King Survey, Abstract 723, owned by Richard and Pearl O'Connor, noted as Deed Numbers 99-00932, 00-85612, and 99-0093293 of the Deed Records of Denton County, Texas; Tracts 3C and 3R of the Rufus King Survey, Abstract 905, owned by Richard and Pearl O'Connor, as noted on Instrument Number D205387525 n the Deed Records of Tarrant County, Texas; and Tract 9 of the Rufus King Survey, Abstract 723, owned by Richard and Pearl O'Connor, noted as Deed Number 2007-30167 of the Deed Records of Denton County, Texas; Tracts 3 and 3G of the Rufus King Survey, Abstract 905, owned by Raymond and Sue Short, as noted in Volume 15652, Page 273 of the Deed Records of Tarrant County, Texas; Tracts 7 and 17 of the Rufus King Survey, Abstract 723, owned by William Whitacre, as noted in Volume 2405, Page 104 of the Deed Records of Denton County, Texas; and Tract 5A of the James Matthews Survey, Abstract 1021, owned by James Wiggins, noted as Instrument Number D207148662 of the Deed Records of Tarrant County, Texas. Leaving a net acreage of 258.5 acres of land, more or less. FURTHER SAVE AND EXCEPT THE FOLLOWING PROPERTY: Tract 8 of the Rufus King Survey, Abstract 723, owned by Nancy Newton, noted as Deed Number 03-148054 of the Deed Records of Denton County, Texas; Leaving a revised net acreage of 251.0 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 "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. Ordinance No. 20002-12-2011 Page 7 of 8 AX-11-013 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 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: \\C\ Melinda Ramos, Assistant City Attorney ADOPTED AND EFFECTIVE: December 6, 2011 Ordinance No. 20002-12-201 1 Page 8 of 8 Project Case # AX-11-013 Addition of 749.5 Acres to become part of Council District 2 Legend CD Proposed Annexation Area Fort Worth City Limits Fort Worth ETJ Adjacent City Proposed Process Schedule Map References 1st Public Hearing 2nd Public Hearing Date of Institution 11/01/11 Mapsco 11/15/11 12/06/11 7M, 8E&F 8JKNS Current Full -Purpose Incorporated Area 334 46 Square Miles 0 0.125 0.25 0.5 Miles I g' I�NI gffl `f� 11111111 NCH/ sEDau RANCH 4717 II�IIIf/ LIIIIII11 YOMIII I r RA' DESERT MESA �luifuilli��f(II1 raIIIN IMO Minna a= 2 IIIIIU OF. 5 moor _ Exhibit A DIAMOND RANCH Ill llllilllllflll� {MOUNTAM RANCH J.L11L� ,3 I CATTLEBARON IliVERA 11 sILVERADO FORT WORTH Ptannmg & Deve opment Department 8/16/11 - BK AX-11-013 North Freeway (I-35W) Enclave (Area 3-1) Exhibit B CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Property Subject to Plan: BEING 251.0 acres of land situated in the J. Evans Survey, Abstract Number 396; J. Evans Heirs Survey, Abstract 470; R. King Survey, Abstract 723; R. King Survey, Abstract 905; J. Matthews Survey, Abstract 1021; and the Z.D. Davis Survey, Abstract 1888; situated about 14.9 miles North 9 degrees East of the Courthouse in both Denton and Tarrant Counties, Texas. Location and Acreage: Approximately 251.0 acres of land in Denton and Tarrant Counties, located north of Westport Parkway and east of Heritage Parkway. 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 0300. The area will be added to Beat N13 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-11-013 North Freeway (I-35W) Enclave (Area 3-1) Exhibit B On the date of annexation, the first responding fire services will come from Fire Station 35, located at 2201 Flight Line Road. The second responding fire company will be from Fire Station 38 located at 13280 Park Vista Boulevard. The Fire Department estimates the response time to be 6.5 and 7.5 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 Currently, there are existing 8-, 10-, and 12-inch water mains water lines and 12-, 21- and 24-inch sewer lines located in or adjacent to the annexation area. Fort Worth will provide water and sewer service to the Annexation Area, at the developer's cost, in accordance with the "Installation Policy of Community Facilities". F. Operation and Maintenance of Roads and Streets. Including Street 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. 2 AX-11-013 North Freeway (I-35W) Enclave (Area 3-1) 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. 2. PROGRAM FOR PROVIDING ADDITIONAL SERVICES In addition to the services identified above, the following services will be provided in the effective date of the annexation, unless otherwise noted: A. The residents of the Annexation Area will receive the following library services 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 the Annexation Area on from the Fort Worth 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, public 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. 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. 3 AX-11-013 North Freeway (I-35W) Enclave (Area 3-1) 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. 3. PROGRAM FOR PROVIDING FULL MUNICIPAL SERVICES WITHIN 2 1/2 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-%) 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 (2-1/2) 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 (4-1/2) 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 35 has a 6.5 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. Currently, existing 8-, 10-, and 12-inch water mains and existing 12-, 21- and 24-inch sewer lines located in or adjacent to the annexation area. E. Roads. Future capital improvements are required for the widening of Old Denton Road to a collector street, widening Westport Parkway from 2 lanes to a 4-lane divided arterial street, the reconstruction of Day Road as a local street, and the construction of future North Beach Street as a 6-lane divided arterial street. F. Storm Water Utility. No capital improvements are necessary at this time to provide drainage services. 4 AX-11-013 North Freeway (I-35W) Enclave (Area 3-1) Exhibit B G. Street Lighting. New subdivisions in the Annexation Area are anticipated to 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 Swimmina 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. I. Other Publicly Owned Facilities. Buildina 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. c City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/6/2011 Ordinance No. 20002-12-2011 DATE: Tuesday, December 06, 2011 LOG NAME: 065030 ADOPT AX-11-013 SUBJECT: Consider Institution of the Annexation and Adoption of an Ordinance for the City -Initiated Annexation of Approximately 251.0 Acres of Land in both Denton and Tarrant County, Texas, Located Generally East of Heritage Parkway and North of Westport Parkway (COUNCIL DISTRICT 2) UAW ,OPM44,74020,ft. REFERENCE NO.: PZ-2962 RECOMMENDATION: It is recommended that the City Council institute and adopt attached ordinance annexing approximately 251.0 acres of land in both Denton and Tarrant County, Texas, located generally east of Heritage Parkway and north of Westport Parkway. DISCUSSION: On October 4, 2011, (M&C PZ-2958) the City Council approved the timetable for the full -purpose annexation of the above referenced property into the City of Fort Worth, in accordance with the adopted annexation program. Public hearings concerning the annexation request were held as required by State law on November 1, 2011 and November 15, 2011. The institution and adoption of the attached ordinance completes the annexation process. The subject property is situated within the extraterritorial jurisdiction of Fort Worth, in the northeast quadrant of the North Freeway (Interstate 35W) and Westport Parkway. The area currently contains interstate right-of-way, residential dwellings, rural industrial uses, gas well activity, and vacant land. No immediate plans for new construction are noted. A number of properties were eligible for development agreements in lieu of annexation that affected the amount of land to be annexed. The fiscal impact analysis shows that the enclave will provide a negative impact to the General Fund. Enclaves are not required to produce a positive fiscal impact, due to an increase in services delivery. Roadway improvements are required for Day Road, N. Beach Street, Old Denton Road, Ponderosa Ranch Road, Westport Parkway, with $534,000 estimated for start-up services on the existing roads. However, no improvements are required for the North Freeway (I-35W) as the Texas Department of Transportation owns and maintains the freeway. The Police Department has estimated an impact of $801.00 and other General Fund services have estimated an impact of $1,640.00 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. Logname: 065030 ADOPT AX-11-013 Page 1 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Randle Harwood (6101) Beth Knight (8190) Logname: 065030 ADOPT AX- 1 1-013 Page 2 of 2