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HomeMy WebLinkAboutOrdinance 20616-02-2013 AX-13-001. ORDINANCE NO. 20616-02-2013 AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR THE ANNEXATION OF AN APPROXIMATELY 0.5 ACRE TRACT OF LAND SITUATED IN THE GREENBERRY OVERTON SURVEY,ABSTRACT NUMBER 1185,SITUATED ABOUT 15.8 MILES NORTH 3 DEGREES WEST OF THE COURTHOUSE, TARRANT COUNTY, TEXAS (CASE NO.AX-13-001)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, the City of Fort Worth has received a petition in writing requesting the full-purpose annexation of the area; and WHEREAS, the population of the City of Fort Worth, Texas, is in excess of 100,000 inhabitants; and WHEREAS,the hereinafter described territory lies within the exclusive extraterritorial jurisdiction of the City of Fort Worth, Texas; and WHEREAS,the hereinafter described territory lies adjacent to and adjoins the City of Fort Worth, Texas; and WHEREAS, the hereinafter described territory contains approximately 0.5 acre of land (0.001 square miles) of land, more or less; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the following described land and territory lying adjacent to and adjoining the City of Fort Worth, Texas is hereby added to and annexed to the City of Fort Worth, Texas, and said territory hereinafter described shall hereafter be included within the boundary limits of the City of Fort Worth, Texas, and the present corporate boundary limits of said City, at the various points contiguous to the Ordinance No. 20616-02-2013 Pagel of 3 AX-13-001 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: COMMENCING at the southeast comer of Lot I Block 1, Alliance Logistics Addition, as recorded in Cabinet A, Slide 10152, County Records, Tarrant County, Texas and being in the north right-of-way of Keller Haslet Road; THENCE N 00°35'17"W, 477.24 feet; THENCE N 89027'30"E, 972.25 feet to the POINT OF BEGINNING; THENCE N 89027'30"E, 680.23 feet to the west right of way line of Alliance Center-West Association (a Private 80' right-of-way), as recorded in County Clerks' filing Number D209153996, County Records, Tarrant County, Texas; THENCE S 00033'23"E, 39.42 feet continuing with said right-of-way; THENCE S 89027'10"W, 332.60 feet departing said fight-of-way; THENCE N 84004'02"W, 349.88 feet to the Place of Beginning and containing some 0.46 acre (0.001 square miles) of land, more or less. SECTION 2. That the above described territory is shown on Map Exhibit "A" which is attached hereto and expressly incorporated herein by reference for the purpose of illustrating and depicting the location of the hereinabove described territory. SECTION 3. That the above described territory hereby annexed shall be part of the City of Fort Worth,Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Fort Worth,Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens in accordance with the Service 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. Ordinance No. 20616-02-2013 Page 2 of 3 AX-13-001 SECTION 5. That this ordinance shall and does amend every prior ordinance in conflict herewith,but as to all other ordinances or sections of ordinances not in direct conflict,this ordinance shall be,and the same is hereby made cumulative. SECTION 6. That it is hereby declared to be the intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,clauses, sentences,paragraphs and sections of this ordinance,since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7. That should this ordinance for any reason be ineffective as to any part or parts of the area hereby annexed to the City of Fort Worth,the ineffectiveness of this ordinance as to any such part or parts shall not affect the effectiveness of this ordinance as to the remainder of such area. The City Council hereby declares it to be its purpose to annex to the City of Fort Worth every part of the area described in Section I 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 I 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: i� Melinda Ramos, Assistant City Attorney ADOPTED AND EFFECTIVE: February 12, 2013 Ordinance No. 20616-02-2013 Page 3 of 3 r. i r, i 1 r r s Project Case # AX-1 3-001 Exhibit A Addition of 0.5 Acres to become part of Council District 2 LU co ALLIA.NCE GATEWAY Mr - • - • Proposed Process vA Map References �r � r n Date of Adoption 1 2/12/13 mapsco I 61L Proposed A • A Schedule III w ����� Fort Worth City Limits Current Full-Purpose Incorporated Area 335.63 Sauare Miles Pfwn)ng&Development Deparftnent Fort Worth , " ,,, Feet V4113-BX Adjacent City CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Property Subject to Plan: BEING 0.5 acre of land situated in the Greenberry Overton Survey, Abstract Number 1185; in Tarrant County, Texas; situated about 15.8 miles North 03 degrees West of the Courthouse in Tarrant County, Texas. Location and Acreage: Approximately 0.5 acre nfland in Tarrant County, located south of |ntermoda| Parkway and west ofFK4158. Municipal services to the Annexation Area will be furnished by or on behalf ofthe City of Fort Worth, Texao, at the fnUnvvng 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 nneono 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 full-purpose 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 basin. The area will he combined with existing Police Reporting Areas {}30O. The area will he added tV Beat N1 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 hu the annexation area commencing on the effective date nf the full-purpose annexation. These services include: Basic Life Support (8LS) 1ot 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 ona citywide basis. All Fort Worth firefighters are certified by the Texas Commission on Fire Protection. On the date of full-purpose 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 34. |ooehad at 14181 Sendera Ranch Blvd. The Fire Department estimates the response time tn be 7.6 and 8.4 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 full-purpose annexation. The Fort Worth Fire Department serves as the first responder on life threatening medical emergencies as m part ofthe K4edStaroyntmm. 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 Suppor Advanced Life Support response provided by MedStar is greater than 9 minutes to the full-purpose 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 full-purpose annexation. For residential cVUectiono, private solid waste service providers under contract with the City will provide services. Residential customers using the services of 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 w8ok*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. |f 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 Fani|iheo^ and me 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 thefuU'purpVoe annexahon, 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 u variety of factors, including surface condidon, ride abi|ib/, age, traffic vo|ume, functional n|aoo, 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 whm|\ not be maintained by the City ofFort Worth. The City will also provide regulatory nignage aen/icon in the Annexation Area. Traffic oigna|, stop, and all other regulatory studies are conducted in conjunction with growth of traffic volumes. All 2 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 full-purpose 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 upon the effective date of the full-purpose annexation. 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 full-purpose annexation, unless otherwise noted: A. With a Fort Worth library card, residents can access the Library's online resources which include ebooks, a-audio and reference databases from home and borrow materials from any Fort Worth Library branch and our MetrOPAC partners and from participating TexShare libraries. 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. D. City codes, 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 will be enforced. Complaints of ordinance or regulation violations within the area will be answered and investigated by existing personnel within the appropriate Code Compliance Division 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 full-purpose 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 full-purpose 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 full-purpose annexation. 3 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 o sufficient basis for providing different levels of service, no later than two and one-half(2-1/2) years after the effective date of the full-purpose annexation. |f full municipal services cannot be reasonably provided within the aforementioned time period, the City will propose o schedule for providing said services within o 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. "Fu|| 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->6) years after the effective date nf the full-purpose annexation. lf 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 subdivision within this prnparty, 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 7.0 minute response time to the Annexation Area. Current fire department response time goal ioto arrive on the scene nf emergencies within 5minutes nr less from the time of dispatch at7596of the time. Based on the existing fire stations located close to this proposed annexation area, the fire department will not be able to meet this response time goal. Consideration should be given to constructing new stations and staffing new facilities prior to final decision tn complete annexation. C. Solid Waste Collection. No capital improvements are necessary ot this time tn provide solid waste collection services hu the Annexation Area. O. Water and Wastewater. CurrenUy, an existing 42-inoh water main and 18-inoh water line are located east of this site approximately 900 feet west of FM 156. An existing 12-inch sewer main is located in |ntormoda| Parkway approximately% mile north of the property. E. Roads. Nn future capital improvements are required. F. Storm Water Utility. No capital improvements are necessary atthis time to provide drainage services. 4 G. Street Lighting. his anticipated that new subdivisions in the Annexation Area will install street lighting in accordance with the City's standard policies and procedures. In other oauoo. 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 ao parkland acquisition and development of facilities will be dictated by future land use of the area, goals established by the Park. Recreation and (]pen 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 ofthe Subdivision Ordinance. i . |n 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 h) provide City services. S. |K8pACT IFEES 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 385 of the Local Government Code governing impact fees, unless otherwise agreed to by the landowner. 5 City of Fort Worth, Texas Mayor and Council Communication uo innnnnm wu mmrrm ummowuvwvrowmwmummummowimmumiwr�uumi :muunnw.wu amo woumonorom u.m, om rcm�umaounoou^u^�vwwor!�wwnwwwuuu+.u::.m: mm uomiuwosruirv,rom iw¢nrvuiuwww,umimmnohmmmwrorrry �mm� w,w,unma;mummim wumuauuuwrrwam 4MJ�1�C11 , CTM1 roved on 2/121201,1,', tI4)W'OJ'lSMN'011 000 111111 01010 IOIOINNIIOIONWIONIONOOIOIOIN!WIOIiWOW OlilnnlA OOIiN011rvd MIWmIMNNWR"AI�IMb'itM"9l1NMf44VIM NW,tlM401Np4W'irviMNNAOU m'i OPililiWYeNWll Ib IUI'w'SYbiWII�f.W11`q!tl;;Mb6�,�'pblliAIIWW IiII 101ililWWIWWIWI 101M m'm mmry pI0NI0011101miIN0111ppIIIMON011ppI011WiNINNWONNN010NUWAM1 DATE: Tuesday, February 12, 2013 REFERENCE NO.: PZ-3015 LOG NAME: 065030 ADOPT AX-13-001 SUBJECT: Consider Institution and Adoption of Ordinance for the Owner-Initiated Annexation of Approximately 0.5 Acre of Land, South of Intermodal Parkway and West of FM-156, AX-13-001 (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council institute and adopt the attached ordinance annexing approximately 0.5 acre of land, south of Intermodal Parkway and west of FM-156, JBH Westport, AX-13- 001. DISCUSSION: On January 3, 2013, representatives for the property owner AIL Investments, LP, submitted an application for the full-purpose annexation of the above-referenced property into the City of Fort Worth. The property is situated within the extraterritorial jurisdiction of the City of Fort Worth and is anticipated to be developed as a portion of a larger industrial lot. The annexation area is east of the BNSF Intermodal transfer facility in the Alliance industrial growth center. This request meets the criteria defined in Texas Local Government Code Section 43.028 for owner- initiated annexation and will not require public hearings. The adoption of the attached ordinance completes the annexation process. The fiscal impact analysis shows that the property will have positive impact to the General Fund over 10 years. The Police Department has estimated no impact, and other General Fund services have estimated no impact, due to the non-residential nature of the proposed annexation area. The City is able to provide municipal services upon annexation in accordance with State law without negatively impacting service provision within the City. Annexation of this site is consistent with the City's annexation policy of annexing property proposed for urban development and for areas within industrial growth centers. If annexed, this property will become part of COUNCIL DISTRICT 2. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on the City's funds. FUND CENTERS: TO Fund/Account/Centers FROM F und/Accou nt/C enters CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Beth Knight (8190) Logname: 065030 ADOPT AX-13-001 Page 1 of 1