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HomeMy WebLinkAboutOrdinance 15400ORDINANCE NO. ~ Vic) AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR THE ANNEXATION OF A CERTAIN .656 ACRES (.00102 SQUARE MILES) OF LAND, MORE OR LESS, OUT OF THE JERRY BURNETT SURVEY, ABSTRACT NO. 1923 TARR.ANT COUNTY, TEXAS (ANNEXATION CASE N0. AX-02-0012) WHICH TERRITORY LIES ADJACENT TO 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 SEVER.ABILITY; AND NAMING AN EFFECTIVE DATE. WHEREAS, on December 19, 2002 Wa1-Mart Stores Texas, LP submitted a petition requesting annexation of the property depicted in Exhibit "A" and described in Exhibit "B" attached and incorporated herein, consisting of .656 acres (.00102 square miles) of land, more or less (the "Property"); and WHEREAS, the Property is one-half mile or less in width, contiguous to the City of Fort Worth, Texas and vacant; and WHEREAS, the City Council of the City of Fort Worth heard the petition and the arguments for and against annexation of the Property in the City Council Chambers in the Municipal Office Building of Fort Worth, Texas, on January 14, 2003; and WHEREAS, written notice of the proposed annexation was provided to the Crowley Independent School District, PO Box 688 Crowley, Texas, 76036 on January 2, 2003; and WHEREAS, the population of the City of Fort Worth, Texas, is in excess of 100,000 inhabitants; and -1- WHEREAS, the Property lies within the exclusive extraterritorial jurisdiction of the City of Fort Worth, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the property depicted in Exhibit "A" and described in Exhibit "B" attached and incorporated herein, lying adjacent to and adjoining the City of Fart Worth, Texas, is hereby added to and annexed to the City of Fort Worth, Texas. Said territory 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. SECTION 2. 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. -2- SECTION 3. That the Service Plan attached hereto as Exhibit "X" was made available to Wal-Mart Stores Texas, LP for inspection and is approved and incorporated into this ordinance for all purposes. SECTION 4. 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 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 6. 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 -3- 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 7. That this ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Marcella Olson, Deputy City Attorney ADOPTED AND EFFECTIVE : I v ~ ~~ -4- MAP I,ECrEI~I) 1VI~, ~FE~NCES Public Hearing 1/ 14/03 Acres Disannexed Ma sco: 89-5 Public Hearin- ~~ Acres to be Annexed Zonin Ma 44-3 ~ Date of Institution 1 14 03 Current Incorporated Area ~ . Tad Ma :2030-360 Council District 6 Coun Tarrant Coun Focus Area: South Being a tract of land situated in the Jerry Burnett Survey, Abstract No. 1923, Tarrant County, Texas and being a part of a certain tract of land as descn`bed by deed to Crawford O. Edwards recorded in Volume 1129, Page 620, Deed Records,. Tarrant County, Texas, and being part of Lot 3, Block 21' Overton South Addition, an addition to the City of Fort Worth according fo the plat recorded in Cabinet A, Slide No. 2056; Plat Records, Tarrant County, Texas and saidtract of land being more particularly descn~bed by metes and bounds asfollows: - Commencing at a 112" iron rod with yellow cap stamped "Everage" found in the north right-of-way line of Oakmont Boulevard (120' width right-of-way), the southwest corner of Lot 2, Block 21, Overton South Addition, an addition to the City of Fort Worth according ~to the plat recorded in Cabinet A,'Slide No. 1547, Plat Records, Tarrant County, Texas;. North 14°58'15".West, departing from said north right-of-way line of Oakmont Boulevard and with the westerly line of said Lot 2 Block 21, a distance of 454.26 feet to a 5/8" iron rod with yellow'cap stamped " Dunaway.Assoc. Inc." set at the beginning of a curve to the right having a central angle of 55°00'15", a radius of 85.60 feet and a chord bearing and distance ~of North 12°31'53" East, 79.06 feet;. with said curve to the right in a northeasterly direction, an arc length of 82.18 feet to a l/2" iron rod found; North 40°02'00" East, a distance of 482.39 feet to a 5/8" iron rod with yellow cap stamped "Dunaway Assoc. Inc.° set and being the POINT of BEGINNING of herein descnbed tract; Tt~NCE North 39°38'09" East, a distance of 223.46 feet to a 5/8° iron rod with yellow cap stamped "Dunaway Assoc. Inc." set; THENCE South 50°21'51" East, a distance of 191.34 feet to a 5/8" iron rod with yellow cap stamped "Dunaway Assoc. Inc.". set in a northerly line of aforementioned Lot 3 B1ock~21; Overton South Addition, said point being. at the beginning of anon-tangent curve to the left having a central angle of 16°01'38", a radius of 380.00 feet and a chord bearing and distance of North 73°35'03" East, 105.95-feet; THENCE with said non-curve to the left in a northeasterly direction, an arc length of 106.30 feet to a 1/2" iron rod found;. THENCE North 65°34'14" East, a distance of 354.66 feet to a point in the west line of City Limits of Fort Worth, according to City of Fort Worth Ordinance No. 8689; THENCE South 23°51'06" West, departing said northerly line of Lot 3 and with said west line of City Limits of Fort Worth, a distance of 30.06 feet to a point;: _ THENCE with City Limits of Fort Worth and 20 feet. south and parallel to said northerly line of Lot 3 the -- following course and distances: South 65°34' I4" West, a distance of 332.23 feet to a point a the beginning of a curve to the right and having a central angle of 29°05'44", a radius of 400.00 feet and a chord bearing and distance of South 80°0708" West, 200.95 feet; with said curve to the right in a southwesterly.direction, an arc length of 203.13 feet to'a 5/8" iron rod with red cap stamped "Sempco inc." found, said point being the most northerly northeast corner of aforementioned Lot 2, Block 21, Overton South Addition and the northwest corner of said Lot.3, Block 21, Overton South Addition and said point being the beginning of a curve~to the right and having a central angle of 10°38'56", a radius of 400.00 feet and chord bearing and distance of North 80°00'39" West, 74.24.feet; ~ . TF~NCE with northerly line of said Lot 2 and with said curve to the right in a northwesterly direction, an . arc length of 74.34. feet to 1/2" iron rod found at the beginning of a reverse curve to the left having a central angle of 65°16'49", a radius of 125.00 `feet and a chord bearing and distance of South ~2°40'24" West, 134.84 feet; THENCE with said reverse curve to the left in a southwesterly direction, an arc length of 142.42 feet to the POINT OFBEGINNING and containing 28,572 square feet or 0.656 acre of land. EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Property Subject to Plan: BEING a tract of land situated in the Jerry Burnett Survey, Abstract No. 1923, Tarrant County, Texas, being a part of a certain tract of land as described by deed to Crawford O. Edwards recorded in Volume 1129, Page 620, Deed Records, Tarrant County, Texas, and being part of Lot 3, Block 21, Overton South Addition, an addition to the City of Fort Worth according to the plat recorded in Cabinet A, Slide 2056, Plat Records, Tarrant County, Texas (Annexation Case # AX-02- 0012) Location and Acreage: .656 acres located west of South Hulen Street and north of Oakmont Boulevard. 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 following service plan programs: 1. PROt;RAII~ 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. 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 city-wide basis. B. Fire Protection Fire protection.-services by existing personnel and equipment of the Fort Worth Fire Department, within the limitations of available water and distances from existing fire stations, will be provided to the Annexation Area commencing on the effective date of the annexation. These services include: 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; Inspections; Emergency Management Planning These services are provided on a city-wide basis. All Fort Worth firefighters are certified by the Texas Commission on Fire Protection. C. Emergency Medical Services 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 at an Emergency Medical Technician level or higher. All engines, trucks, and rescue units carry Automatic External Defibrillators for use with heart attack victims. 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. Services will be provided by City personnel or by private solid waste service providers under contract with the City. Persons using the services of a privately owned solid waste management service provider may continue to use such services until the second anniversary of the annexation. Solid waste collection services for businesses and multi-family dwelling complexes having three or more units may be provided by the City or private service providers at the discretion of the customer. 2 E. Operation and Maintenance of Water and Wastewater Facilities The annexation Area is located in the CCN of the City of Fort Worth. The City will provide water and sewer service to the Annexation Area 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. 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 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 on a citywide basis. 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 Transportation and Public Works Department 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. For major arterials and collectors, the marking of streets is on an 18- 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 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, maintenance services will be provided by the appropriate City department. 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 library services from the Fort Worth Public Library commencing on the effective date of the annexation. B. The City will provide general municipal administration and administrative services. C. The Transportation and Public Works Department will provide drainage maintenance services in the Annexation Area at current Citywide service levels. The City will assume maintenance for all public drainage channels within dedicated public drainage easements. The Transportation and Public Works Department will provide the following services: Storm sewer maintenance; Watershed development review and inspection. The Environmental Management Department will provide the following services: .Emergency spills and pollution complaints response; Storm sewer discharge pollution prevention (commercial only); Water quality assessments for creeks. The Department of Engineering will provide information relating to flood plains. D. Enforcement of the City's .environmental health ordinances and regulations, including but not limited to weed and brush ordinances, junked and abandoned vehicle ordinances, food handlers' ordinances and animal control ordinances, 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 beginning on the effective date of the annexation. 4 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. PROGRAM FOR PROVIDING FULL MUNICIPAL SERVICES WITHIN 2-'h 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- '/z) 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 (4-1/2) 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, including water and wastewater services and 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 City 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 (4-1/2) 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. 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, call volume and response times. 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; water and sewer mains of the City will be extended by the property owner in accordance with provisions of the Subdivision Ordinance and other applicable policies, ordinances, and regulations and the Developer's Agreement with the City. City participation in the costs of these extensions shall be in accordance with applicable City policies, ordinances, and regulations. Such extensions will commence. within two and one-half. (2-1/2) years from the effective date of the annexation ordinance. If water and sewer mains of the City cannot be reasonably constructed within the aforementioned time period, the City will propose a schedule for providing said services within a period of four and one-half (4-1/2) years, and/or upon commencement of development of a subdivision within this property, whichever occurs later. Following is a summary of the Water and Wastewater Installation Policy as set out in Section III of 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 lot/tract. The developer shall be responsible for 100% of the cost 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 cost shall be borne by the City. Connection to existing Gity water mains for 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. Upon connection, to existing sanitary sewer 6 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 and Streets. No road or street related capital improvements are necessary at this time. Future 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. Drainage 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. 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 Parks, Recreation and Open Space Comprehensive Plan and appropriation of resources. Should additional residential development occur, parkland dedication, neighborhood park development and neighborhood park infrastructure or payment in lieu thereof shall be required in accordance with the Park Policy of the Subdivision Ordinance. 1. 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.