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HomeMy WebLinkAboutOrdinance 17734-08-2007AX-07-002 ORDINANCE NO. 17734-08-02007 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 15.3 ACRE TRACT OF LAND SITUATED IN THE C. K. GLEASON SURVEY, ABSTRACT NUMBER 559, SITUATED ABOUT 10 MILES SOUTH 80 DEGREES WEST OF THE COURTHOUSE, TAR'RANT COUNTY, TEXAS (CASE NO. AX-07- 002) 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 Cousicil Chambers in the Municipal Office Building of Fort Worth, Texas, on the 24th day of July 2007; 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 Chambers in the Municipal Office Building of Fort Worth, Texas, on the 9th day of August 2007; 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 13th day of July 2007, and posted on the City of Fort Worth's Internet web site on the 12th day of July 2007; 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 27th day of July 2007, and posted on the City of Fort Worth's Internet web site on the 26th day of July 2007; 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 1 AX-07-002 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 15.3 acres of land (0.024 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; at the southeast corner of that certain annexation described in Ordinance Number 16690, and being in the present City Limits, being the northwesterly remainder line of that certain annexation described in Ordinance Number 3825, as affected by Ordinance Number 4848, and being in a line 300 feet northwesterly of and parallel with the northwesterly right-of-way of Interstate Highway 30; THENCE: with the present City Limits according to said Ordinance Number 16690, North 00 degrees 03 minutes 32 seconds East, 914.47 feet, to its most easterly northeast corner, being at its intersection with the most southerly south line of Ordinance Number 7410, and being in the south right-of-way of County Road Number 1029, now known as Chapin Road, formerly known as the Old Weatherford-Chaplin Road; THENCE: with the present City Limits according to said Ordinance 2 AX-07-002 Number 7410, and with 57 minutes 58 seconds with the west line of 819, and being in the described in Ordinance Number 3549; said south right-of-way, North 89 degrees East, 1086.68 feet, to its intersection the J. P. Huffaker Survey, Abstract Number west line of that certain annexation THENCE: with the present City Limits according to said Ordinance Number 3549, the west line of said J. P. Huffaker Survey, South, 315.74 feet, to its intersection with said line 300 feet northwesterly of and parallel with said northwesterly right-of- way of Interstate Highway 30; THENCE: with the present City Limits according to said Ordinance Number 3825, as affected by Ordinance Number 4848, with said line 300 feet northwesterly of and parallel with said northwesterly right-of-way, South 61 degrees 08 minutes 32 seconds West, 1241.83 feet, to the Place of Beginning and containing some 15.3 acres (0.024 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 "X" 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. 3 AX-07-002 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. 4 AX-07-002 SECTION 8. That this ordinance shall take effect upon adoption. APPR VED AS TO FORM AND LEGALITY: GS~~ Sara Fullenw'der, Assis ant City Attorney ADOPTED AND EFFECTIVE: ~_ 5 Exhibit A t, r, p~ u Y 6 ECT.1R~ - W ~ 141!{ H LER c ~ `c' ~ ~ V ~~ W _~ a ~ F- Y q _ I w n O UI rC Y- ;J ri DRLLA\1 C P117 ^~ ~ ~ `~ ~` ~1. ry ~~ ,~ .;: A -~ ` - ~ ~`" ~''`~ , ga y `MjrQ ~,^,~~D r?CMj 'rL G„ .,_ ..r ~t j3 K' ~` G¢ 1''~~' '~~ f~ i Annexation of 15.3 Ades Council District 3 V~~ J'~ ~,V~~ f' ~~~ ~ h ~~~~ ~ ~ I~ !=i -J 1 RLSSIC. =' :,a,ta~zvLUS a IIL:I!!A a ~; ~~ Fox.~Wo ~; Project Case # AX-07-002 Map Legend Map References Proposed Process Schedule Fort Worth City Limits Mapsco 72 J&K 1st Public Hearing 07/24/07 Area to be Annexed 2nd Public Hearing 08/09/07 Current Incorporated Area 332.801 TAD Map 1994-384 Date of Institution 08/28/07 s, ~/ R yr"'~.^ CIIAPG.L SPRRl GS cllaaLL a3clt C I i.'.P G L OAfS Page 1 of 1 AX-07-002 Attebury 07/12/2007 CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Property Subject to Plan: BEING 15.3 acres of land situated in the C. K. Gleason Survey, Abstract Number 559, situated about 10 miles South 80 degrees West of the Courthouse in Tarrant County, Texas. Location and Acreage: Approximately 15.3 acres of land in Tarrant County, located north of Interstate Highway 30 and west of Chapel Creek Boulevard. County: TARRANT 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 an existing Police Reporting Area (PRA U190). The area will be in Neighborhood Policing District 11 on Beat N11. 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; Ai rcraft/rescue/firefighting; Fire protection system plan review; Inspections; AX-07-002 Attebury 07/12/2007 These services are provided on a citywide basis. All Fort Worth firefighters are certified by the Texas Commission on Fire Protection. On the date of annexation, the first responding fire services will come from Fire Station 32 located at 10201 White Settlement Road. The second responding fire company will be from Fire Station 23 located at 3201 Portales Drive. The Fire Department estimates the response time to be 4.4 and 5.2 minutes, respectively. C. EmercLency Medical Services -Basic Life Support Basic Life Support (BLS) emergency medical services by existing personnel and equipment of the Fort Worth Fire Department will be provided to the annexation area commencing on the effective date of the annexation. The Fort Worth Fire Department serves as the first responder on life threatening medical emergencies as a part of the MedStar system. All Fort Worth Fire Department personnel are certified as Emergency Medical Technician basic level or higher. All engines, trucks, and rescue units carry Automated External Defibrillators for use with victims who are in cardiac arrest. Emergency Medical Services -Advanced Life Support Advanced Life Support response provided by MedStar is greater than 9 minutes to the proposed annexation area with a potential of at least a 30-minute transport time to the nearest trauma center. D. Solid Waste Collection Solid waste collection shall be provided to the Annexation Area in accordance with existing City ordinances and policies commencing on the effective date of the annexation. For residential collections, private solid waste service providers under contract with the City will provide services. Residential customers using the services of a privately owned solid waste management service provider other than the City's contracted service provider may continue to use such services until the second anniversary of the annexation. At the discretion of the customer, private service providers may provide solid waste collection services for businesses and multi-family dwelling complexes having three or more units. Private solid waste collection providers must have an active Grant of Privilege to provide service within the city limits. E. Operation and Maintenance of Water and Wastewater Facilities The annexation Area is located in the CCN of the City of Fort Worth. The City 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. AX-07-002 Attebury 07/12/2007 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 Public 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 Outreach Services for children, young adults and seniors Large Print Books B. The City will provide general municipal administration and administrative services. C. The City currently will provide drainage maintenance services in the Annexation Area. The City also provides storm sewer maintenance and watershed development review and inspection. In addition to residential solid waste collection services, the Environmental Management Department will provide the following services: Emergency spills and pollution complaints response; Storm sewer discharge pollution prevention Water quality assessments for creeks. The Department of Engineering will provide information relating to flood plains. D. Enforcement of the City's code and environmental health 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 handlers, and animal control will be provided within the annexation area on the effective date of the annexation. 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. AX-07-002 Attebury 07/12/2007 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. 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 '/) years after the effective date of the annexation. If full municipal services cannot be reasonably provided within the aforementioned time period, the City will propose a schedule for providing said services within a period of four and one-half (4--'/2) years after the effective date of the annexation, and/or upon commencement of development of a subdivision within this property, whichever occurs later. "Full municipal services" are services provided by the annexing municipality within its full-purpose boundaries excluding gas or electrical service. The City shall provide the services by any of the methods by which it extends the services to any other area of the City. 4. CAPITAL IMPROVEMENTS PROGRAM The developer will initiate acquisition or construction of capital improvements necessary for providing full municipal services adequate to serve the Annexation Area. Any such construction shall be substantially completed within two and one-half (2'/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--'/z) 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 32 has a 4.4 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. 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. As development and construction of subdivisions commence within this property, the property owner in accordance with provisions of the City's Subdivision Ordinance and other applicable policies, ordinances, and regulations will extend water and sewer mains. City participation in the costs of these extensions shall be in accordance with applicable City AX-07-002 Attebury 07/12/2007 policies, ordinances, and regulations. Such extensions, by the developer, will commence within two and one-half (2-1/2) years from the effective date of the annexation ordinance. Following is a summary of the Water and Wastewater Installation Policy as set out in Section III of the City's Policy for the "Installation Policy of Community Facilities". The developer shall cause to be constructed all water and wastewater facilities required to provide service to the development, subdivision, or lot/tract. The developer shall be responsible for 100% of the cost for water and wastewater facilities designed to provide service to the proposed development. If larger facilities are required based on comprehensive study, the additional incremental cost shall be borne by the City. Connection to existing City water mains for domestic water service to serve residential, commercial, and industrial uses within the Annexation Area will be provided in accordance with existing City ordinances and policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service at the normal rates charged throughout the City. Connections to existing City sanitary sewer mains for sanitary sewage service in the Annexation Area will be provided in accordance with existing City ordinances and policies. Upon connection, to existing sanitary sewer mains, 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. No capital improvements are necessary at this time for road construction. 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 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.