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HomeMy WebLinkAboutOrdinance 17285-11-2006AX-06-012 ORDINANCE NO. 17285-11-2006 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 44.2 ACRE TRACT OF LAND SITUATED IN THE GREENBERRY OVRTON SURVEY, ABSTRACT NUMBER 972, DENTON COUNTY, TEXAS (CASE NO. AX-06-012) 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 44.2 acres of land (0.069 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 1 AX-06-012 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 said 44.000 acre BNSF tract, and being in the north line of that certain tract of land described by deed to AIL Investment, L.P., as recorded in Volume 4246, Page 498, Real Property Records, of Denton County, Texas, and also being in the north annexation line of The City of Fart Worth Ordinance Number 13116; THENCE N 88°22'42"W, along the north line of said annexation line and also along the south line of said 44.000 acre BNSF tract, at 29.17 feet pass the northeast corner of that certain 37.750 acre tract of land described by deed to The Burlington Northern and Santa Fe Railway Company, as recorded in Clerk's Filing Number 2004-124552, Real Property Records of Denton County, Texas, at in all 1223.45 feet; THENCE N 00°00'06"E, 63.47 feet departing said annexation line to a paint at the beginning of a curve to the left; THENCE with said curve to the left, an arc distance of 368.39 feet, through a central angle of 32°19'23" having a radius of 653.00 feet, the long chord of which bears N 16°09'35"W, 363.52 feet, to a point in the west line of said 44.000 acre BNSF tract and the east line of said Lot 1, Block 1, Alliance Logistics Addition; THENCE N 32°19'17"W, 946.12 feet along the common line of the west line of said 44.000 acre BNSF tract and the east line of said Lot 1, Block 1, Alliance Logistics Addition, to the northwest corner of said 44.000 acres BNSF tract; THENCE S 88°22'42"E, 2183.13 feet along the north Tine of said 44.000 acre BNSF tract to the northeast corner of said 44.000 acre BNSF tract and the beginning of a non-tangent curve to the left; THENCE along the east line of said 44.000 acre BNSF tract and with said non-tangent curve to the left, an arc distance of 1239.87 feet, through a central angle of 15°10'03" having a radius of 4683.66 feet, the long chord of which bears S 16°33`21"W, 1236.25 feet to the POINT OF BEGINNING and containing 1,927,371 square feet or 44.246 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 2 Ax-a~-alp reference for the purpose of illustrating and depicting the location of the hereinabove described territory. SECTION ~. 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. SECTTON 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. 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. SECTTQN 5. 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 Fart Worth every part of the area described in Section T of this ordinance, regardless of whether any part of such described area is hereby not effectively 3 AX-a6-a~.z 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: ~/;~l/`~`~. r/!~ p.~~ 1~___ Sara Fullenwider, Assistant City Attorney ADOPTED AND EFFECTIVE: November .4, 2aa6 Ordinance No. 17285-11-2006 Exhibit '°i4" Annexatd®n ®f 44.246 Acres Coencil District -2 ~.T T Project Case # AX-06-U1 Map Legend Map References Proposed Process Schedule Fort Worth ETJ Mapsco 6 C & b Acres to be Annexed Petition Granted Current Incorporated Area 331.259 fJCAn Map P140 bate of Institution rage 1 of 1 AX-06-012 Greenberry Overton Scrvey 11/07/2005 CITY OF FART WORTH, TEXAS SERVIGE PLAN 1=0R ANNEXED AREA Property Subject to Plan: Bl ING a tract of land situated in the Greenberry Dverton Survey, Abstract Number 972, Denton County, Texas Location and Acreage: Approximately 44.2 acres of land in Denton County, located north of ]ntermodal Parkway and west of the future FM 156 County : D~ir7TOi~T Municipal services to the Annexation Area will be furnished by ar on behalf of the City of Fort Worth, Texas, at the fallowing levels and in accordance with the following service plan programs: 1. PROGRAM FOR SERVICES TO BE PROVIDEFa ON THE EFFECTIVE I]ATE OF THE ANNEXATION The City will provide the following services in the Annexation Area on the effective date of the annexation, unless otherwise noted. 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 inciden# 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 wi[I be combined with an existing Police Reporting Area (PRA Q30D}. The area will be in Neighborhood Policing District 3 on Beat C17. 13. E=ire Protection Fire protection services will be provided by existing personnel and equipment of the Fort Worth Fire Departmenfi. 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; i-lazardous materials mitigation and regulation; Dive rescue; Technical rescue; Fire Safety Education; Aircraftlrescue/firef lghting; Fire protection system plan review; inspections; AX-06-012 C~reenberry Qvertnn Survey I1/07/200b Thaw 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 5tafion 35 located at 2209 Flight Line Road. The second responding fire company will be firom Fire Station 49 located at 824 Blue Mound 13aad W. The Fire Department estimates the response time to be 19.3 and 19.9 minutes, respectively. C. Emerrrency Medical Services _ Basic Life Suppnrt Basic Life Support (BLS} emergency medical services by existing personnel and equipment of the Fort Worth Fire Depar#ment will be provided to the annexation area commencing on the effective date of the annexation. The Fort Worth Fre Department serves as the first responder on fife threatening mediaal emergencies as a part of the MedStar system. A11 Fart Worth Fire Department personnel are certified as 1mergency Medical Technicians -- basic level or higher. All engines, trucks, and rescue units carry Automated Fxtemal Defibrillators for use with victims who are in cardiac arrest. D. l=mer enc Medical Services--Advanced Life Su art Advanced Life Support response provided by MedStar is greater than 9 minutes to the proposed annexation area with a potential of at feast a 30-minute transport time to the nearest trauma center. E. Solid Waste Collection 8oiid waste collection sha11 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 anni~rersary of the annexation. At the discretion of the customer, private service providers may provide solid waste collection services for businesses and multi-family dwetfing complexes having three or more units. 1=. 0 eratlon and Maintenanae of Water and Wastewater Facilities The annexation Area is located in the CC>d 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 Po1'scy of Community Facilities". G. Q eration and Maintenance of Roads and Streets lncludin Street Li hfin The fallowing services w€I! be provided in the Annexation Area commencing on the effective date of the annexation, unless otherwise noted. TxDOT will maintain future FM '156. These services include emergency pavement repair and repair maintenance of public streets on an as-needed basis. Future FM 956 will also tae included in TxDOT's preventive maintenance program. Preventive maintenance projects are prioritized an 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 ar reconstruction wi11 be considered and prioritized by TxDOT. Streetlights installed on improved public streets shall be maintained by the City of Fort Worth in accordance with current City policies. Other street lighting shat! not be maintained by the City of fort Wnrkh. 2 AX-06-fl12 Greenberry Qvertan Survey 11/07120Q6 TxIaOT will also provide regulatory signage services in the Annexation Area fnr FM 156. Traffic signal, stop, and all other regulatory studies are conducted in conjunction with growth of traffic volumes. All regulatory signs and signals are insta[ked 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. FM 156 will be striped and remarked as needed by TxDOT. H. O eration and Maintenance of Parks Pla rounds and Swimmin Pools Residents of this property may utilize ail existing parks and community service facilities thraughoufi the City, beginning with the effeCflVE date of the annexation. Existing parks, playgrounds, swimming pools and other recreational and community facilities within the Annexation Area #hat are private facilities will be unaffected by the annexation. Existing parks, playgrounds, swimming pools, ROWS and medians, and other recreational and community facilities within this property shall, upon deeding to and acceptance by the City and appropriations far maintenance and operations, be operated by the City of Fart Worth, but oat ntherwl5e. Additional medians andlor rights-of--way with turf or plantings, if not maintained by developer andlor Homeowner's Association, upon acceptance by Ciry will be maintained by the City and appropriations far maintenance will be needed. Currently, there are no roads or streets in the annexation area. O eration and Maintenance of An Other Public! Owned Faeilit Buildin or Service. In the event the City acquires any other facilities, buildings or services necessary far municipal services located in the Annexation Area, the appropriate City department will provide maintenance services. 2. PROGRAM FDR PRDVIDIhlG ADDI'fIDNAL SERVICES In addition to the services identified above, the following services wii[ 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 fallowing library services from the Fart 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,OEf0 libraries Telephone, Mai! and E-mail Reference Services Remote access to aver 5d online databases U. S., Texas and City of Fart Worth documents Free computer classes for the public Outreach Services for children, young adults and seniors Large Print Books B. The City will provide genera! municipal administration and administrative services. C. The Annexation Area will be included in the Transportation and Public Works I3epartment'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 watershed development review and inspection, AX-05-012 Greenberry Overran Survey 11/Q7/2b46 ~~'' The Environmental Management Department will provide the fallowing 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 cads and environmental health ordinances and regulations, that include but oat limited to: high weeds and grass, trash and debris, solid waste, trash casts 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. E. The City's building, plumbing, mechanical, electrical, and all other construction codes wiii 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 an the effective date of the annexation. G. All inspection services furnished by the City of Fort Worth, but not mentioned above, w'sll be provided to the Annexation Area beginning an the effective date of the annexation. 3. PROGRAM FOR PRl3VIDING FULL MUfViCtPAt_ SERVICES WITHI~12-'/2 YEARS to 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-hail' (2-'12) 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 (M'/) years after the effective date of the annexation, andlor upon commencement of development of a subdivision within this property, whichever occurs later. "Fu1l 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 exterids the services to any other area of the City. 4. CAPITAL iMPROVEMl=t~"~S 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 annexatlnn. if capital improvements necessary for providing full municipal services for the Annexation Area cannot be reasonably constructed within the aforementioned time period, the City wil[ propose a schedule for providing said services within a period of four and one-half (4'f) years, andlor upon commencement of development of a subdivision within this property, whichever occurs later. Acquisition or construction shall be accomplished by purchase, lease, or ether contract. Any such construction shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted locat engineering and architectural standards and practices. A. Police Protection. f~lo capital improvements are necessary at this time to provide police protection to the Annexation Area. bleed far construction of new facilities will be assessed periodically based on population growth, predicted growth and call volume. AX 06-012 Greenberry Overton Survey I 1/07/200G i3. Fire Protection, Existing fire stations will not meet the minimum response time goof. Consideration should be given to constructing new stations and stafleng new facilities prior to final decision to complete annexation. C. Solid Waste Cooection. No capital improvements are necessary at this time to provide solid waste collection services to the Annexation Area. I~. 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 shat! be in accordance with applicable City policies, ordinances, and regulations. Such extensions, by the developer, will commence within two and one-half (2-112) years from the effective date of the annexation ordinance. Fallowing is a summary of the Water and Wastewater Installation Policy as set out in Section III of the City's Policy for tine "Installation Policy of Community Facilities". The developer shat! 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 cast for water and wastewater facilities designed to prov"tde 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 far 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. l~pon connection, to existing sanitary sewer mains, sanitary sewage service will be provided at rates established by Gity ordinances far such service at the normal rates charged Throughout the City. E. Roads. No capital improvements are necessary at this time for road canstruct':on. F. Storm Water Utility Nn 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 instal! street fighting 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 fighting policies, and those of the providing utility. H. Parks, Playarounds 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 infrasfiructure or payment in lieu thereof will be required in accordance with the Park Policy of the Subdivision Drdinance, 1. Other Publiel Owned Facilities l3uild'tn or Services: Additional Services. In general, other City functions and services, and the additional services described above can be provided for the AX a6-012 Greenberry Overton Survey 11/07120Qb Annexation Area by using existing capital improvements. Additional capital improvements are not necessary to provide C':ty services. 5. IMPACT FEE3 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 Cade governing impact fees, unless otherwise agreed to by the landowner. Cif ~f F®-°~ ®,r~h, ?"e~~s Mayor and Council Communication GOEJNCIL ACTION: Approved on 1'[11412©©~ - ©rdinar~ce No. 17285-11-2©06 -~- DATE. Tuesday, November 14, 2006 L4C NAME: 06ADOPT012 REFERENCE NO.: PZ-27'08 SUBJECT: Institute and Adopt Ordinance for the Voluntary Full Purpose Annexation of Approximately 44.2 Acres of Land in Denton County, Located North of Intermodal Parkway and West of the Future Alignment of FM 156 (AX-06-012, Greenberry Overton Survey), RECOMMI~NDATaoN: It is recommended that the City Councii institute and consider the adoption of an ordinance annexing approximately 44.2 acres of land north of Intermodal Parkway and west of the future FM 156 in Denton County. ®ISCLISS[ON: Carter & Burgess, representing BNSF Railway, has requested the voluntary full purpose annexation of a 44.2 acre tract in the Greenberry Overfon Survey. This acreage is less than one-half mile in width, is contiguous to the City of Fort Worth and is vacant and without residents, or on which fewer than three registered voters reside; therefore, it qualifies for annexation under the procedures set out in the Local Government Code Section 43.028. The subject property is situated within the exclusive extraterritorial jurisdiction of the City of Fort Worth. The southern boundary of the 44.2 acres is contiguous with the City of Fort Worth. Currently the land is vacant, there is a proposed industrial use. OP~RAT[ONAL IMPACT -The Police Department has estimated an impact of $255 due to anticipated calls for service to the proposed annexation area. LOCATION -- The subject property is located north of Intermodal Parkway and west of the future FM 156 in Denton County. [f annexed, this property will become a part of COUNCIL. ^ISTRICT 2. FISCAL INFORMATIONlCERT[FICATION: The Finance ^irector certifies that funds are available in the current operating budget, as appropriated of the General Fund. Logz~az~e: ObADOt'TOI2 Pale 1 of 2 TO FundlAccoe~ntlCenters FROM FundlAccountlCenters Submitted for City Manager's Office b~ Dale Fissefer (6140) Ori inatin ©e artment Head: Bob Riley (8901} Additional inforrnation Contact: Allison Gray (8030} Logna~ne: 06ADOPT012 Page 2 of 2