HomeMy WebLinkAboutOrdinance 20040-01-2012ORDINANCE NO. 20040-01-2012
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 12.3 ACRE TRACT OF LAND SITUATED IN
TARRANT COUNTY IN THE THOMAS G. ZACHARY SURVEY, ABSTRACT NUMBER 1759;
AND THE JAMES F. ELLIOT SURVEY, ABSTRACT 493; SITUATED ABOUT 9.0 MILES
SOUTH 66 DEGREES WEST OF THE TARRANT COUNTY COURTHOUSE, TEXAS (CASE
NO. AX-12-001) 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 6th day of December 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 13th day of December 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 18th day of November 2011,
and posted on the City of Fort Worth's Internet web site on the 18th day of November 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 28th day of
November 2011, and posted on the City of Fort Worth's Internet web site on the 22nd day of November 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
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 12.3 acres of land (0.019 square
miles) of land, more or less;
NOW, THEREFORE, BE IT ORDAINED BY FHE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
AX-12-001
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 in the western right-of-way of West Loop 820 South, described in Ordinance 6036, (a
variable width right-of-way) for the northeast corner of said Montserrat Addition commercial lots;
THENCE southeasterly with the said proposed 1968 western right-of-way of Loop 820, approximately
1,215 feet, to the north right-of-way of Team Ranch Road;
THENCE departing the 1968 proposed westerly right-of-way of Loop 820, as noted in Ordinance 6036,
northwesterly with the northern right-of-way of Team Ranch Road, approximately 210 feet, to most
southerly corner of Lot C-3, Block 6 of the Montserrat Addition;
THENCE North 69 Degrees 8 Minutes 9 Seconds West a distance of 232.46 feet to the beginning of a
curve to the left with a radius of 2,062.2 feet;
THENCE continuing along the arc of the north right-of-way of Team Ranch Road through a central angle
of 11 Degrees 58 minutes 33 Seconds with a long chord bearing North 75 Degrees 7 Minutes 1 Second
West and an arc length of 431.04 feet to the southwest corner of said Lot C-3, also being the southeast
corner of Lot 10, Block 6 of the Montserrat Addition;
THENCE departing the northern right-of-way of Team Ranch Road and along the eastern line of Block 6
of the Montserrat Addition, Lots 10 through 22, the current city limits of the City of Fort Worth, the
following courses:
North 35 Degrees 52 Minutes 52 Seconds East a distance of 177.14 feet, also being the most
easterly corner of Lot 11;
North 0 Degrees 55 Minutes 31 Seconds East a distance of 306.49 feet, also being the northeast
corner of Lot 15;
North 14 Degrees 54 Minutes 38 Seconds East a distance of 139.13 feet, also being the northeast
corner of Lot 17;
North 7 Degrees 38 Minutes 44 Seconds West a distance of 126.83 feet, also being the northeast
corner of Lot 18;
North 48 Degrees 14 Minutes 54 Seconds West a distance of 110.49 feet, also being the north
corner of Lot 19;
North 83 Degrees 14 Minutes 13 Seconds West a distance of 73.67 feet, also being the northwest
corner of Lot 20;
North 59 Degrees 37 Minutes 45 Seconds West a distance of 150.35 feet, also being the northwest
corner of Lot 22;
Page No. 2
Ordinance No. 20040-01-2012
AX-12-001
THENCE North 20 Degrees 40 Minutes 48 Seconds East a distance of 4.79 feet to the most northerly
northwest corner of said Lot C-3, also being the most easterly northeast corner of Lot 23, Block 6 of the
Montserrat Addition;
THENCE North 89 Degrees 52 Minutes 00 Seconds East along the northern line of said Lot C-3,
approximately 605 feet to the northeast corner of said Lot C-3, also being the western right-of-way of West
Loop 820 South, and also being the Place of Beginning and containing 12.3 acres 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.
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.
Page No. 3
Ordinance No. 20040-01-2012
AX-12-001
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:
Melinda Ramos, Assistant City Attorney
ADOPTED AND EFFECTIVE: January 10. 2012
Page No. 4
Ordinance No. 20040-01-2012
Project Case # AX-12-001
12.3 Acres Under Consideration for Annexation
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Exhibit A
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Proposed Process Schedule Map References
1st Public Hearing 12/06/11 Mapsco
2nd Public Hearing 12/13/11
Date of Institution 01/10/12
Current Full -Purpose Incorporated Areal
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AX-12-001
Montserrat Commercial Exhibit B
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Property Subject to Plan: BEING 12.3 acres of land situated in the James F. Elliott Survey, Abstract
Number 493; and the Thomas G. Zachary, Abstract 1759; situated about 9.0
miles South 66 degrees West of the Courthouse in Tarrant County, Texas.
Location and Acreage: Approximately 12.3 acres of land in Tarrant County, located west of West
Loop 820 South and north of Team Ranch 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 V140. The area will be added to Beat W24 in Zone W2 in West 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.
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AX-12-001
Montserrat Commercial. Exhibit B
On the date of annexation, the first responding fire services will come from Fire Station 23, located at
3201 Portales Drive. The second responding fire company will be from Fire Station 30, located at
4416 Southwest Blvd. The Fire Department estimates the response time to be 4.8 and 7.7 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-12-001
Montserrat Commercial 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 Any Other Publicly Owned Facility. Building or Service.
In the event the City acquires any other facilities, buildings or services necessary for municipal
services located in the Annexation Area, the appropriate City department will provide maintenance
services.
2. PROGRAM FOR PROVIDING ADDITIONAL SERVICES
In addition to the services identified above, the following services will be provided in the Annexation Area on
the effective date of the annexation, unless otherwise noted:
A. The residents of the Annexation Area will receive 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
Stormwater 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 stormwater
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
Stormwater 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, public pool and
3
AX-12-001
Montserrat Commercial Exhibit B
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.
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 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 '/z) 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-%z) 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-Y2) 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 23 has a 4.7 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-12-001
Montserrat Commercial. 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 16-inch water and 8-inch
sewer mains located at east and south property boundaries.
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 three
commercial lots and right-of-way maintained by the Texas Department of Transportation. Private
streets will not be maintained or improved by the City.
F. Stormwater 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.
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