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HomeMy WebLinkAboutOrdinance 17289-11-2006AX-06-008 ORDINANCE N0. 17289-11-2006 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 4.57 ACRE TRACT OF LAND SITUATED IN THE J.R. KNIGHT SURVEY, ABSTRACT N0. 902, TARRANT COUNTY, TEXAS (CASE NO. AX-05-008} 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 TN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR SEVERABTLTTY; 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 Fnrt Worth, Texas; and WHEREAS, the hereinafter described territory contains Approximately 4.57 acres of land (0.007 square miles} of land, more or less; NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CTTY OF FORT WORTH, TEXAS: SECTION 1. That the following described land and territory lying adjacent to and adjoining the City of Fart Worth, Texas is hereby added to and annexed to the Gity 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-06-008 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 Wnrth, Texas, to~-wit: BEGINNING at a found 3/4-inch iron rod marking the tomrnon westerly corner between said Brickstone Development tract and that tertaa.n tract of land cnnveyed to Van R. Miller, Jr. be deed recorded in Clerk's File No. D204122463, Deed Records, Tarrant County, Texas, and also being on the east line of Vista Meadows North as shown by plat recorded in Cabinet "A", Slide 11005, Plat Records, Tarrant County, Texas; THENCE, North 00°05'37" West, alnng the east line of said Vista Meadows North, a distance of 585.65 feet to a 1/2-inch. iron rod found marking the common westerly earner between the herein described tract of land and that certain tract of land conveyed to Steve & Nita Leist by deed recorded in Clerk's File No. D204071250, Deed Records, Tarrant County, Texas; THENCE, South 89°45'50" East, along the common line of between the herein described tract and said Leist tract, a distance of 340.00 feet to a point for corner; THENCE, South 00°05'37" East, a distance of 585.59 feet to a point in the north line of lot 5, Hinton Heights Addition as shown an plat recorded in Volume 388-138, Page 72, Plat Retards, Tarrant County,. Texas; THENCE, North 89°46'30" West, along the north line said lot 5 passing at a distance of 10.15 feet a 1/2-a.nth iron rod found marking the northwest corner of said lot 5 and the northeast: corner of said Van R. Miller, Jr. tract, and continuing a total distance of 340.00 feet to the POINT OF BEGINNING and containing a computed area of 4.571 acres (199,104 square feet) of land, mare or less. SECTION 2. That the abnve described territory is shown on Map Exhibit rrA" 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 sha11 be part of the City of Fort Worth, Texas, and the property sa added hereby shall bear its pro rata part of the taz~es 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 Flan and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, 2 AX-06-008 Texas. SECTION 4, That the Service Plan attached hereto as Exhibit "X" was made available for inspection by and explanation to the inhabitants of the area to be annexed and is approved and incorporated into this ordinance far 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 threat aanflict, 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 enaated 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 far 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, fawn ox village, ar which is not within the City of Fart 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. 3 AX-06-008 SECTION 8. That this ordinance shall take effect u~aon adoption. APPROVED AS TO FORM AND LEGALITX: ~~ ~ G~.~-t~ ~ Sara Fullenwider, Assistant City Attorney ADOPTED AND EFFECTIVE: November 14, 2005 Ordinance No. 17289-11-2406 t; r ._.._w ~. ' , ~~ ~. i~ `~~ "' I P7 i3 i !~. '~ r ~' ~, ~ ° ~ ~ ~~ ~,, .~ \~ r,/' + r w ~ J~ > /wu a~Y UA w, ~i `~ u- C7 ahx<s~='~JFLY ~ __S-:., - J l ! 1T iwxhibit "A,. %:-05-Ci05 A.~ &~AR CREEK FRA]L WdLLOUIf LF1~F HOLLdW ,~I-~Ju. ¢ ~ d ~ %/a FoR, T~W~OR~TH U Annex~~i®n ~~ 4.57 Ages Council District -2 Project base # AX-06-~D8 Map Legend Map References Proposed i?rocess Schedule Fort Warth ET,I Mapsco 22N 1st public hearing Acres to be Annexed 2nd public hearing Current Incorporated Area 331.259 TAD Map 2066-456 Date of Institution 11/14/06 Page 1 of ~ AX-06-008 J R Knight Survey 10/16/2006 CITY 4F' FC}RT -IVQRT`H, TEXAS SERVICE PLAN F4R ANINEXE© AREA Property Subject fo Plan: BE1NG a 4.57 acre tract of land out of the J.R. Knight Survey, Abstract Na. 902, situated in Tarrant County, Texas, and being a portion of that certain tract of land conveyed to 13rickstone Development, L.P. by deed recorded in.County Clerk's File No. D203183937, Deed Retards, Tarrant County, Texas Location and Acreage: Approximately 4.57 acres of land in Tarrant County, located north of Ray White Road and south of Golden Triangle Blvd„ west of Alta Vista Raad. County: TARRANT Municipal services to the Annexation Area will be furnished by or on behalf of the City of Fort Worth, Texas, at the following levels and in accordance with the fallowing service plan programs: PROGRAM FOR SERVIGES TO BE 1PROVIDED ON THE EFFECTIVE DATE OF THE ANiVEXATIOf~ The City will provide the following services in the Annexation Area on the effective date of the annexation, unless otherwise noted. A. .Polite Protection The Fort Worth Police Department will provide protection and law enforcement services in the Annexation Area commenting 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 an a citywide basis. The area will be combined with an existing Police Reporting Area (PRA 0080). The area will lac in Neighborhood Policing District 3 an Beat C15. B. Fire Protection Fire prafiectian 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 1!ire stations. Services will be provided to the annexation area commencing on the effective date of the annexation. These services include: Basic Life Support (BLS) 1st responder emergency medical services Fire suppression and rescue; Hazardous materials mitigation and regulation; Dive rescue; Technical rescue; Fire Safety Education; Aircraftlrescuelfrcfighting; Fire protection system plan review; Inspections; AX-06-008 J R Knight Survay 1011 G/20DG These services are provided an a citywide basis. All Fort Worth firefighters are certified by the Texas Commission on Fire Protection. On the date of annexation, the fast responding fire services will come from Fire Station 37 located at 4729 Ray White Road. The second responding fire company will be from Fire Station 31 located at 4209 Longstraw Drive. The Fire Department estimates the response time to be 2.2 and 9.0 minutes, respectively. C. Emergencv Medical Services -Basic Life Suooort Basic Life Support (BLS} emergency medical services by existing personnel and equipment of the Fart Worth Fire Department will be provided to the annexation area commencing an 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 ar 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 awned 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 far businesses and multi-family dwelling complexes having three or more units. E. Oraeration and Maintenance of Water and Wastewater Facilities The annexation Area is located in the CCN of the City of Fart Worth. The City will provide water and sewer service to the Annexation Area, at the developer's cost, in accordance with the "installation Policy of Community Facilities". F. O eration and Maintenance of Roads and Streets Includin Stree# Li htin The following services will be provided in the Annexation Area commencing on the of€ective date of the annexation, unless otherwise Hated. The Transportation and Public Works Department will assume maintenance of public streets over which the City has jurisdiction. These services include emergency pavement repair and repair maintenance of public streets on an as-needed basis. Public streets will be included in the City's preventive maintenance program, Preventive maintenance projects are prioritized on a Citywide basis and scheduled based on a variety afi factors, including surface condition, ride ability, age, traffic volume, functional class, and available funding. Any necessary rehabilitation or reconstruction will be considered and prioritized on a citywide basis. AX-Q6-a0& J R Knight Survey 1011612©06 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 Fork Worth. The Transportation and Public Works Department will also provide regulatory signage services in the Annexation Area. Traffic signal, stop, and all ether 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, 3F5 days a year for emergency sign repair. For major arterials and collectors, the marking of streets is on an ~ 8-month frequency. All improved intersections and roadways are striped upon improvement. All roadways are re-striped and remarked as needed. 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 far maintenance and operations, be operated by the City of Fort Worth, buf not otherwise. Additional medians andlor rights-of-way, within the annexed area, are to be maintained by the City and funding will be needed for the additional maintenance. An Agreement may be required between Ciky and Developer andlor Homeowner's Association to maintain additional plantings an medians orrights-af-way. H. Ot~eration and Maintenance of Any Other Publicly Owned Faciiity, 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 departmen# 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 Fork Worth Public Library commencing on the effective date of the annexation. Genealogy, Local History and Archival Collections Youth & Teen Services Interlibrary Loan to borrow materials from collections of 10,000 libraries Telephone, Mail and E-mail Reference Services Remote access to over 50 online databases U. S., Texas and City of Fork Werth documents Free computer classes far the public Outreach Services for children, young adults and seniors Large Print Books B. The City will provide general municipal administration and administrative services. C. The Annexation Area will be included in the Transportation and Public Works Department's Storm Water Ukility 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 AX-06-00$ J R Knight purvey lfl/l 6/20~b 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. The 1=nvironmental Management Department will provide the following services: Emergency spills and pollution complaints response; Storm sewer discharge pollution prevention Wafer quality assessments fior creeks. The Department of Engineering will provide information relating to flood plains. D. Enforcement of the City's code and environmental health ordinances and regulations, that include but not limited to: high weeds and grass, trash and debris, solid waste, trash carts and 'illegal dumping, junked and abandoned vehicles, zoning, food handlers, and animal control will be provided within the annexation area an 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 will be enforced within the Annexation Area beginning with the effective date of the annexation. The City's zoning, subdivision, sign, manufactured housing, junk yard and other ordinances shall be enforced in the Annexation Area beginning on the effective date of the annexation. G. All inspection services furnished by the City of Fort Worth, but not mentioned above, will be provided to the Annexation Area beginning on the effective date of the annexation. 3.. PROGRAM FOR PROVIQING FULL MUNICIPAL SERVICES WITHIN 2-'/2 YEARS In addition to the services listed above, the City will provide full municipal services to the Annexation Area commensurate with the levels of services provided in other parts of the City except if differences in topography, land use, and population density constitute a sufficient basis for providing different levels of service, no later than two and one-half (2--%) years after the effective date of the annexation. If full municipal services cannot be reasonably provided within the aforementioned time period, the City will propose a schedule for providing said services within a period of four and one-half (4-'/) years after the effective date of the annexation, andlor 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 ar construction of capital improvements necessary far providing full municipal services adequate to serve the Annexation Area. Any such construction shall be substantially completed within two and one-half (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, andlor 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 snail be completed as soon as reasonably passible, consistent with generally accepted local engineering and architectural standards and practices. AX-06-OQ$ J R Knight Survey 1 all 6/20Q6 A. Police Protection, Nn 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 4D has a 22 minute response time to the Annexation Area. Na capital improvements are necessary at this time to provide fire protection to the Annexation Area. Need for construction of new facilities will be assessed periodically based on population growth, predicted growth, and call volume. C. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services to the Annexation Area. D. Water and Wastewater. As development and construction of subdivisions commence within this property, the property owner in accordance with provisions of the City's Subdivision Ordinance and other applicable policies, ordinances, and regulations will extend water and sewer mains. Gity participation in the costs of these extensions shall be in accordance with applicable City policies, ard'€nances, 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. Following is a summary of the Water and Wastewater Installation Policy as set out in Section I[l ofi the City's Policy for the "Installation Policy of Community Facilities",. The developer shall cause to be constructed all water and wastewater facilities required to provide service to the development, subdivision, or fot/tract. The developer shaft be responsible far i QO°/n of the cast for water and wastewater facilities designed to provide service to the proposed development. If larger facilities are required based on comprehensive study, the additional incremental cast shaft be borne by the City. Connection #n 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 Gity ordinances and policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service at the normal rates charged throughout the City. Connections to existing City sanitary sewer mains for sanitary sewage service in the Annexation Area will be provided in accordance with existing City ordinances and policies. Upon connection, to existing sanitary sewer mains, sanitary sewage service will be provided at rates established by City ordinances for such service at the normal rates charged throughout the City. E. Roads. Fu#ure extensions of roads or streets and future installation of related facilities, such as traffic control devices, will be governed by the City's standard policies and procedures. F. Storm Water Utility. No capital improvements are necessary at this time to provide drainage services. G. Street Li, hq flop. ]t 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 eases, the City will consider installation of additional street lighting in the Annexation Area upon request, with priority given to street lighting fior traffic safety. Provision of street lighting will be in accordance with the City's street lighting policies, and those of the providing utility. H. Parks. Playgrounds and Swimming Pools. Capital improvements such as parkland acquisition and development of facilities will be dictated by future land use of the area, goals es#ablished by the Park, Recreation and Open Space Master Plan and appropriation of resources. Should additional residential development occur, parkland dedication, neighborhood park development AX-fl6-008 J R Knight Survey FO/16/2fl06 and neighborhood park infrastructure or payment in lieu thereof will be required in accordance with the Park Policy of the Subdivision Ordinance. Other Publicly Owned Facilities, i3uildinct 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 FFFS 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. fir ®f F®r~ U~®e~h, 7"e.~a.~ Mayor and Council Communication COUNCIL ACTION: Approved o0 11114!2006 -Ordinance No. 17283-11-2006 DATE: Tuesday, November 14, 2006 LOG NAME: 06ADOPT008 REFERENCE NO.: PZ-2707 SUBJECT; Institute and Adapt Ordinance far the Voluntary Full Purpose Annexation of Approximately 4.57 Acres of Land in Tarrant County, Located North of Ray White Road South of Golden Triangle Boulevard, Vilest of Alta Vista Road (AX-06-008, .1R Knight Survey} RECOMMENDATION. [t is recommended that the City Council institute and consider the adoption of an ordinance annexing approximately 4.57 acres of land north of Ray White Rnad south of Golden Triangle Boulevard, west of Alta Vista Road, in Tarrant County. DlscusslON: Adams Engineering, representing Brickstorie Development, has requested the voluntary full purpose annexation of a 4.57 acre tract in the JR Knight Survey. This acreage is less than one-half mile in width, is contiguous to the City of 1=ort Warkh and is vacant and without residents, or an 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 Fart Worth. The west boundary of the 4.57 acres are contiguous with the City of Fart Werth. The current land use is industrial, a residential subdivision is proposed. OPI=RATIONAL 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 Ray White Road and south of Golden Triangle Blvd., west of Alta Vista Road. If annexed, this property will become a part of COUNCIL DISTRICT 2. FISCAL INFORMATIOIVICERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated of the General Fund. Lognaxne: 06ADOPTQ48 Page 1 of 2 TO FundlAccount/Centers FROM FundlAccoun Centers 5uber~itted for Ci Mana er's ©ffice t~ymm Dale Fisseler (6140) Originating ©eg~artrcient Head: Bob Riley (8901) Additional Information Contact: Allison Gray (8030) Logname: 06ADOPT008 Wage 2 of 2