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HomeMy WebLinkAboutOrdinance 19471-12-2010 AX-10-008 ORDINANCE NO. 19471-12-2010 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 3 . 2 ACRE TRACT OF LAND SITUATED IN THE JESSE BILLINGSLEY SURVEY, ABSTRACT NUMBER 70, SITUATED ABOUT 13 . 0 MILES NORTH 18 DEGREES EAST OF THE COURTHOUSE, TARRANT COUNTY, TEXAS (CASE NO. AX-10-008) 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 territory hereinafter described and proposed for annexation is less than one-half mile in width; and, WHEREAS, the territory hereinafter described is vacant and without residents, or on which fewer than three registered voters reside; and, WHEREAS, the City of Fort Worth has received a petition in writing requesting the 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 3 . 2 acres of land (0 . 005 square miles) of land, more or less; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS : 1 AX-10-008 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 a 1/2 inch iron rod found for the most westerly northwest corner of the City of Keller Annexation Ordinance No. 1175, adopted January 6, 2004 and in the most southerly west line of the City of Fort Worth Annexation Ordinance No. 10103, adopted April 26, 1988, said 1/2 inch iron rod found being in the south right-of-way line of Golden Triangle Boulevard from which a 1/2 inch iron rod with cap stamped "Brittain & Crawford" bears North 87 degrees 32 minutes 35 seconds West, a distance of 734 . 78 feet; THENCE North 01 degrees 37 minutes 01 seconds East, with the most southerly west line of said City of Fort Worth Annexation Ordinance No. 10103, crossing said Golden Triangle Boulevard, a distance of 123 . 08 feet to an interior ell corner of said City of Fort Worth Annexation Ordinance No. 10103, said point being in the north right-of-way line of said Golden Triangle Boulevard, from which a 5/8 inch iron rod with cap stamped "C&B" bears North 87 degrees 41 minutes 25 seconds West, a distance of 1144 . 75 feet; THENCE South 87 degrees 41 minutes 25 seconds East, with the most northerly south line of said City of Fort Worth Annexation Ordinance No. 10103 and with the north right-of-way line of said Golden Triangle Boulevard, at a distance of 958 . 75 feet, passing a 5/8 inch iron rod with cap stamped "C&B" found, in all a distance of 1108 . 98 feet to a point for corner in the west line of said City of Keller Annexation Ordinance No. 1175, said point being in the west right-of-way line of Union Pacific Railroad; THENCE South 00 degrees 22 minutes 54 seconds East, with the west line of said City of Keller Annexation Ordinance No . 1175, the west right-of-way line of said Union Pacific Railroad and crossing said Golden Triangle Boulevard, a distance of 124 . 05 feet to an interior ell corner of said City of Keller Annexation Ordinance No. 1175 and being the south right-of-way line of said Golden Triangle Boulevard; 2 AX-10-008 THENCE North 87 degrees 40 minutes 24 seconds West, with the most westerly north line of said City of Keller Annexation Ordinance No. 1175 and with the south right-of-way line of said Golden Triangle Boulevard, a distance of 422 . 69 feet to a 4 inch steel post found for corner; THENCE North 87 degrees 40 minutes 02 seconds West, with the most westerly north line of said City of Keller Annexation Ordinance No. 1175 and with the south right-of-way line of said Golden Triangle Road, a distance of 491 . 89 feet to a 1/2 inch iron rod found for corner; THENCE North 87 degrees 32 minutes 22 seconds West, with the most westerly north line of said City of Keller Annexation Ordinance No. 1175 and with the south right-of-way line of said Golden Triangle Boulevard, a distance of 198 . 75 feet to the POINT OF BEGINNING, and containing 137, 433 square feet or 3. 155 acres of land, more or less . SECTION 2 . That the above described territory is shown on Map Exhibit "A" which is attached hereto and expressly incorporated herein by reference for the purpose of illustrating and depicting the location of the hereinabove described territory. SECTION 3 . That the above described territory hereby annexed shall be part of the City of Fort Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens in accordance with the Service Plan and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas . SECTION 4 . That the Service Plan attached hereto as Exhibit "B" was made available for inspection by and explanation to the inhabitants of the area to be annexed and is approved and incorporated into this ordinance for all purposes . SECTION 5 . 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 3 AX-10-008 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. SECTION 8 . That this ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Sara Fullenwider, Assistant City Attorney 4 AX-10-008 ADOPTED AND EFFECTIVE: December 7, 2010 5 Project Case # AX-10-008 Exhibit Addition of 3.2 Acres to become part of Council District 2 w y HIGH h S Z Y y z LU W W Q LORINa U) CV) 2.. co Ax PE RL �. z MIN IF FM 709 <ELLE AYLOR w SOCCER cn HILL CL LE aa. VINE BATES' P K e I I e LINE DRIVE OLIVE PE AN Q Z T y z Y z d f Y. L 5 a O BE R CREE 01 w eiG, m DODGE .. S �,p C'RANDE �'9C Legend FORT WORTH Proposed Process Schedule Ma Re erences Q O aProposed Annexation Area Date of Institution 12/14/10 Ma sco 23J 8 Fort Worth City Limits Current Full-Purpose Incorporated Area 333.65 Square Miles Planning 6 Development Department Adjacent City 10120110-ex 0 500 1,000 2,000 Feet AX-10-008 Golden Triangle Boulevard ROW Exhibit B ORDINANCE NO. 19471-12-2010 CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Property Subject to Plan: BEING 3.2 acres of land situated in the Jesse Billingsley Survey, Abstract Number 70; situated about 13.0 miles North 18 degrees East of the Courthouse in Tarrant County, Texas. Location and Acreage: Approximately 3.2 acres of land in Tarrant County, located on Golden Triangle Boulevard, south of Keller Hicks Road and west of US Highway 377. 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 0063. The area will be added to Beat N12 in Zone N1 in North Division. B. Fire Protection Fire protection services will be provided by existing personnel and equipment of the Fort Worth Fire Department. These services will be provided based upon available water, road and street conditions, and distances from existing fire stations. Services will be provided to the annexation area commencing on the effective date of the annexation. These services include: Basic Life Support(BLS) 1 st responder emergency medical services; Fire suppression and rescue; Hazardous materials mitigation and regulation; Dive rescue; Technical rescue; Fire Safety Education; Aircraft/rescue/firefighting; Fire protection system plan review; and Inspections. These services are provided on a citywide basis. All Fort Worth firefighters are certified by the Texas Commission on Fire Protection. 1 AX-10-008 Golden Triangle Boulevard ROW Exhibit B ORDINANCE NO. 19471-12-2010 On the date of annexation, the first responding fire services will come from Fire Station 37, located at 4701 Ray White Road. The second responding fire company will be from Fire Station 38 located at 13280 Park Vista Boulevard. The Fire Department estimates the response time to be 4.9 and 6.5 minutes, respectively. C. Emergency Medical Services—Basic Life Support Basic Life Support (BLS)emergency medical services by existing personnel and equipment of the Fort Worth Fire Department will be provided to the annexation area commencing on the effective date of the annexation. The Fort Worth Fire Department serves as the first responder on life threatening medical emergencies as a part of the MedStar system. All Fort Worth Fire Department personnel are certified as Emergency Medical Technician basic level or higher. All engines, trucks, and rescue units carry Automated External Defibrillators for use with victims who are in cardiac arrest. Emergency Medical Services—Advanced Life Support Advanced Life Support response provided by MedStar is greater than 9 minutes to the proposed annexation area with a potential of at least a 30-minute transport time to the nearest trauma center. D. Solid Waste Collection Solid waste collection shall be provided to the Annexation Area in accordance with existing City ordinances and policies commencing on the effective date of the annexation. For residential collections, private solid waste service providers under contract with the City will provide services. Residential customers using the services of a privately owned solid waste management service provider other than the City's contracted service provider may continue to use such services until the second anniversary of the annexation. At the discretion of the customer, private service providers may provide solid waste collection services for businesses and multi-family dwelling complexes having three or more units. Private solid waste collection providers must have an active Grant of Privilege issued by the City of Fort Worth to provide service within the city limits. E. Operation and Maintenance of Water and Wastewater Facilities Currently, there are existing 8-inch and 12-inch water lines and 8-inch and 30-inch sewer lines located along Golden Triangle Blvd. Fort Worth is maintaining the 8-inch water and sewer mains located in Golden Triangle Blvd. Fort Worth will provide water and sewer service to the Annexation Area, at the developer's cost, in accordance with the"Installation Policy of Community Facilities". F. Operation and Maintenance of Roads and Streets, Including Street Lighting The following services will be provided in the Annexation Area commencing on the effective date of the annexation, unless otherwise noted. These services include emergency pavement repair and repair maintenance of public streets on an as-needed basis. Preventive maintenance projects are prioritized on a region-wide basis and scheduled based on a variety of factors, including surface condition, ride ability, age, traffic volume, functional class, and available funding. Any necessary rehabilitation or reconstruction will be considered and prioritized by the City. Streetlights installed on improved public streets shall be maintained by the City of Fort Worth in accordance with current City policies. Other street lighting shall not be maintained by the City of Fort Worth. 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. 2 AX-10-008 Golden Triangle Boulevard ROW Exhibit B ORDINANCE NO. 19471-12-2010 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 Storm Water Utility service area. Properties in this area will be assessed a monthly fee based on the amount of impervious surface. The fees will cover the direct and indirect costs of storm water management services, including routine maintenance (at current citywide service levels) for all public drainage channels and for all public storm sewers within dedicated public drainage easements. The Storm Water Utility will also provide floodplain management and information regarding flood plains, as well as watershed development review and inspection. D. Enforcement of the City's code, consumer health, and animal care and control ordinances and regulations, that include but not limited to: high weeds and grass, trash and debris, solid waste, trash carts and illegal dumping, junked and abandoned vehicles, zoning, food, daycare, pool and spa inspections, stray animals, cruelty and bite investigations. Complaints of ordinance or regulation violations within the area will be answered and investigated by existing personnel within the appropriate department beginning on the effective date of the annexation. 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 AX-10-008 Golden Triangle Boulevard ROW Exhibit B ORDINANCE NO. 19471-12-2010 3. PROGRAM FOR PROVIDING FULL MUNICIPAL SERVICES WITHIN 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(2-1/2)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-%)years after the effective date of the annexation, and/or upon commencement of development of a subdivision within this property, whichever occurs later. "Full municipal services"are services provided by the annexing municipality within its full-purpose boundaries, excluding gas or electrical service. The City shall provide the services by any of the methods by which it extends the services to any other area of the City. 4. CAPITAL IMPROVEMENTS PROGRAM The developer will initiate acquisition or construction of capital improvements necessary for providing full municipal services adequate to serve the Annexation Area. Any such construction shall be substantially completed within two and one-half(2-1/2)years after the effective date of the annexation. If capital improvements necessary for providing full municipal services for the Annexation Area cannot be reasonably constructed within the aforementioned time period, the City will propose a schedule for providing said services within a period of four and one-half(4-'/2)years, and/or upon commencement of development of a subdivision within this property, whichever occurs later. Acquisition or construction shall be accomplished by purchase, lease, or other contract. Any such construction shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. A. Police Protection. No capital improvements are necessary at this time to provide police protection to the Annexation Area. Need for construction of new facilities will be assessed periodically based on population growth, predicted growth and call volume. B. Fire Protection. Currently, Fire Station 37 has a 4.9 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. Currently, there are existing 8-inch and 12-inch water lines and 8-inch and 30-inch sewer lines located along Golden Triangle Blvd. E. Roads. Future capital improvements are estimated to be $800,000 for the widening of Golden Triangle Boulevard from 4 lanes to 6 lanes. 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. 4 AX-10-008 Golden Triangle Boulevard ROW Exhibit B ORDINANCE NO. 19471-12-2010 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. I. 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. 5 City of Fort Worth, Texas Mayor and Council Communication Q ypprad 4 221fNCIL AC71©N r7fU DATE: Tuesday, December 07, 2010 REFERENCE NO.: PZ-2919 LOG NAME: 06ADOPT AX-10-008 SUBJECT: Institute and Adopt an Ordinance for the Annexation of Approximately 3.2 Acres of Existing Right-of-Way Located along Golden Triangle Boulevard, West of US Highway 377 and South of Keller Hicks Road, AX- 10-008, Golden Triangle Boulevard Right-of-Way (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council institute and consider the adoption of an ordinance annexing approximately 3.2 acres of right-of-way on Golden Triangle Boulevard, west of US Highway 377 and south of Keller Hicks Road, in Tarrant County. DISCUSSION: On October 20, 2010, Tarrant County submitted an application for the full-purpose annexation of the above referenced property into the City of Fort Worth. 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 subject property is situated within the extraterritorial jurisdiction of the City of Fort Worth, on Golden Triangle Boulevard. The property is an enclave surrounded by the City of Fort Worth and the City of Keller. The land is currently developed as right-of-way and will continue to be used as right-of-way. This section is currently being re-constructed in partnership with the Texas Department of Transportation, Tarrant County and the City. The fiscal impact analysis shows that the property and future improvements will provide a slight negative impact to the General Fund. However, the area is classified as an enclave and the annexation policy does not require enclaves to produce a positive fiscal impact due to the efficiencies gained in service delivery. If annexed, this property will become a part of COUNCIL DISTRICT 2. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget of the various City departments, as appropriated, of the General Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Logname: 06ADOPT AX-10-008 Page 1 of 2 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Beth Knight (8190) Logname: 06ADOPT AX-10-008 Page 2 of 2