HomeMy WebLinkAboutOrdinance 20626-02-2013 AX-12-007
CORRECTION ORDINANCE NO. 20626-02-2013 FOR
ORDINANCE NO.20615-02-2013
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 9.2 ACRE TRACT OF
LAND SITUATED IN TARRANT COUNTY IN THE A. F. ALBRIGHT SURVEY,
ABSTRACT NUMBER 1849;SITUATED ABOUT 7.9 MILES NORTH 25 DEGREES WEST
OF THE TARRANT COUNTY COURTHOUSE, TEXAS (CASE NO. AX-12-007) 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 4th day of December 2012; 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 11 th day of December 2012; 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 16th
day of November 2012, and posted on the City of Fort Worth's Internet web site on the 19th day of
November 2012; 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 November 2012, and posted on the City of Fort Worth's Internet web site on the 28th day
of November 2012; 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
Ordinance No. 20626-02-20136
Pagel of 3
AX-12-007
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 9.2 acres of land(0.014
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:
BEING: Lot 1, Block I of The Enclave Addition and containing 9.2 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.
Ordinance No. 20626-02-20136
Page 2 of 3
AX-12-007
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.
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:
A 4 dy
Melinda Ramos, Assistant City Attorney
ADOPTED AND EFFECTIVE: February 19, 2013
Ordinance No.20626-02-20136
Page 3 of 3
Project Case # AX-12-007 Exhibit
Addition of 9.2 Acres to become part of Council District 7
-0 saw
STAREE
cc
i
t
r
i
/ f
Ir Illliiiiiiiiiiil11111111 VIII '.+ioiiuuuuuudllllllflllllll /�
Y JJ �J��llllllllllllllllll�llllll�l�lllllllliiuuuuiuullllliiiii ,,� "/
1 1 W
J
0
IN
377 f �,
/ MCLEROY
No No ww
f 11
As C3
M x
rW 37
r : 1 ME
Legend Proposed Process Schedule Map References
Proposed Annexation Area 1st Public Hearing 12/04/12 Ma sco 33TX � FORT WORT
Fort Worth City Limits 2nd Public Hearin 12/11/12
0 Fort Worth ETJ Date of Institution 01/08/13
Current Full-Purpose Incorporated Area 334.94 Square Miles Planning&Development Department
Adjacent City 1/29/13.8K
„ signed Development Agreement 2010 0 250 500 1,000 Feet
P � Signed Development Agreement 2013
umuecomruouu Exhibit
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Property Subject No Plan: BEING 0.2 acres of land situated in the Alexander Albright Survey Abstract
Number 1840� situated about 7.0 miles North 25 degrees West ofthe
Courthouse in Tarrant County, Texas.
Location and Acreage: Approximately 9.2 acres ofland in Tarrant County, located south cfVVJ.
Boaz Road and west nf Old Decatur 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 dote of the annexation,
unless otherwise noted.
As used in this p|an, 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 full-purpose annexation. The services will include:
Normal patrols and responses to calls for service
Handling cf offense and incident reports
Special unito, such as traffic enforcement, criminal invmoUgohnna. nmnooUoo 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 Area R030. The area will be added to Beat N34 in Zone N3 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 bo the annexation area
commencing on the effective date of the full-purpose annexation. These services include:
Basic Life Support (8LS) 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 nna citywide basis. All Fort Worth firefighters are certified by the Texas
Commission on Fine Protection.
Z+x// Old DecaturRoad Exhibit
On the date of full-purpose annexation, the first responding fire services will come from Fire Station
40. located ud851D Spring Street. The second responding fire company will be from Fire Station 25
located at 3801 N. Main Street. The Fire Department estimates the response time h) be 7.7 and 8.9
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 tn 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 a part ofthe PNmUStaruyehem. All Fort Worth Fire
Department personnel are certified as Emergency Medical Technician basic level or higher. All
engines, truckm, 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 [NedSbar is greater than 9 minutes to the proposed
annexation area with a potential of at least 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 collections, 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 nfthe annexation.
At the discretion of the ouotomer, 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 onactive Grant ufPrivilege issued by the City ofFort
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 uyob*m, than 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
Faoi|iUom" and ao consistent with the Texas Local Government Code.
Upon connection to the City's water and sanitary sewer maino, water and sanitary sewage service
will he provided at rates established by City ordinances for such service otthe 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 full-purpose annexation, unless otherwise noted.
These services include emergency pavement repair and repair maintenance of public streets on on
an-needed basis. Preventive maintenance projects are prioritized on areginn+wide basis and
scheduled based on a variety of factors, including surface oondidon, ride abi|ih/, age, traffic volume,
functional n|auo, and available funding. Any necessary rehabilitation or reconstruction vvU| be
considered and prioritized by the City. Private Streets will not be maintained by the City. Currently,
no existing designated private streets are noted within this enclave.
2
'/-`'"' vmuocumruoao Exhibit
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 ofFort
Worth.
The City will also provide regulatory nignoge services in the Annexation Arno. Traffic signa|, shmp,
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. Fadod,
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 ba 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 cf Fort Worth, but not otherwise.
H. Operation and Maintenance of Any Other Publicly Owned Facility, Buildinq 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 cf thefuU'purpnSe 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, e-audio and reference databases from home and borrow materials from any Fort Worth
Library branch and our MetroPAC partners and from participating TexShare libraries. The nearest
Fort Worth Library is the Northwest Branch Library, which is |enn than 1 mile away.
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
Stormwmter Utility service area. Properties in this area will bm assessed a monthly fee based onthe
amount of impervious surface. The fees will cover the direct and indirect costs ofstormvvotar
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 ms watershed development review and inspection.
O. 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 beenforced. Complaints of ordinance orregulation
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 onthe effective date of the full-purpose annexation.
3
,"^ ^^`°' vmueoauxxnuu Exhibit
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,
H. The Environmental Management Department 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 246r'EAFXS
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(2-1/2)years after the effective dote of the full-purpose 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
een/ioeo within o period of four and one-half(4-1/2)yaara, and/or upon commencement of development of o
subdivision within this property, whichever occurs later.
Acquisition or construction shall be accomplished by purchase, lease, 0r other contract. Any such
construction shall be accomplished in a continuous process and shall be completed as soon as reasonably
poauib|e, consistent with generally accepted local engineering and architectural standards and practices.
A. Police Protection. No capital improvements are necessary atthis 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 40 has a 7.7 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 bn provide solid waste
collection services to the Annexation Area.
O. Water and Wastewater. Existing occupied homes that are using water well and on-site sewer
feo|||t|ee (and therefore have service) may request connection to the Fort Worth system (receiving 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.
Vacant properties' water and sewer extensions will be installed by the Developer in accordance with
the "Policy for the Installation of Community Faoi|iUaa^ All water and xvaohyvvah*r facilities will be at
^`/v/ umueoxuomnuu Exhibit
the developer's cost and anconsistent 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 mn water and sewer facilities will be in accordance with the
"Installation Policy of Community Facilities" and the Texas Local Government Code. Upon
oonnecdun, 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 at an estimated cost of$75O.0OU are required for the west half
of Old Decatur Road (4-|mned divided arterial aheet). These costs do not include costs for right-of-
way acquisition.
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. 1n 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 bein accordance with the
City's otnoe(lighting po|iciea, and those of the providing utility.
H. Parks, Playgrounds and Swimming Pools. Capital improvements such au parkland acquisition and
development nffacilities 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
nsaidando) 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.
i . In genena|, 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 bo provide City services.
5. IMPACT FEES
Notwithstanding any other provision o/this service plan, m 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 feeo, un|ome otherwise agreed to by the
landowner.
5
City of Fort Worth, Texas
Mayor and Council Communication
iii,
DATE: Tuesday, February 19, 2013 REFERENCE NO.: G-17812
LOG NAME: 06CORRECTION ORDINANCE AX-12-007
SUBJECT:
Adopt Ordinance Correcting Ordinance No. 20615-02-2013, in Order to Correct the Legal Description and
Related Exhibits from Previously Approved Annexation Case AX-12-007 Involving the Enclave at Parkview
Apartments Located at 7001 Old Decatur Road (COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance in order to reflect the correct legal
description and exhibit attachments for previously approved annexation case AX-12-007 involving the
Enclave at Parkview Apartments located at 7001 Old Decatur Road (M&C PZ-3014) .
DISCUSSION:
On February 12, 2013, the City Council approved a City-initiated annexation under Ordinance Number
20615-02-2013 for 9.2 acres at 7001 Old Decatur Road, known as The Enclave at Parkview Apartments
(AX-12-007). The original M&C PZ-3014 did not include the correct attachments for the parcel described
in the M&C. The ordinance and exhibits attached to this M&C correctly reflect the City Council's decision
and corrects the error.
This property is located in COUNCIL DISTRICT 7.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that adoption of this ordinance will have no material
effect on City funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Beth Knight (8190)
Logname: 06CORRECTION ORDINANCE AX-12-007 Page I of I