HomeMy WebLinkAboutOrdinance 15715f 1
ORDINANCE NC.
AN ORDINANCE CERTAIN PROVIDING #
THE EXTENSION OF BOUNDARY LIMT TS OF OF
!` PROVIDING + # OF
APPROXIMATELY 59.047 ACRES (.0922 SQUARE MILES) OF LAND,
MORE OR BEING + TRACT OF LAND SITUATED JOSE
CHIRINO SURVEY, ABSTRACT NUMBER 265 AND BEING A PORTION
OF + CERTAIN OF + i DESCRIBED 13Y DEED TO
MCGINNIS FARMS, INC., D/B/A JOHN DEERE LANDSCAPES, AS
RECORDED IN VOLUME PAGE 296, DEED RECORDS,
TARRANT + PORTION +
CERTAIN + OF + # DESCRIBED BY DEED TO CLAYTON A.
CONLEY AND WIFE, #•+ L. CONLEY, AS ! # # IN VOLUME
6551, PAGE 296, DEED RECORDS, TARRANT COUNTY, TEXAS AND
ALSO BEING ALL OF + T TRACT OF + # DESCRIBED BY DEED
COUNTY, TO WILLIAM HENRY KRASS AND WIFE, CAROLYN SUE KRASS, AND
RECORDED N VOLUME 7701, PAGE 2288, DEED RECORDS, TARRANT
a + • AX-03-0009) WHICH S+ # TERRITORY
LIES ADJACENT ! AND ADJOINS • CORPORATE
BOUNDARY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT THE
TERRITORY ANNEXED SHALL BEAR ITS PRO RATA PART OF TAXES;
PROVIDING THAT INHABITANTS ! SHALL + ALL
THE PRIVILEGES OF ALL OF O WORTH, +
PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR
ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THIS
ORDINANCE + BE + OF ALL PRIOR ORDINANCES
NAMING NOT IN DIRECT CONFLICT; PROVIDING FOR SEVERABILITY; AND
AN is
WHEREAS, a public hearing before the City Council of the City of
Fort Worth, Texas, wherein all interested persons were provided an
opportunity to be heard on the proposed annexation of the territory
hereinafter described, was held in the City Council Chambers in the
Municipal Office Building of Fort Worth, Texas, on the 9th day of
September 2003; and
WHEREAS, nor-ice of the f 4 r i:. such public c hea ng was published -in
a newspaper having general circulation in the City of Fort Wo --+Lh,
Texas, and in the hereinafter described territory, on the 29th caay
of August 2003, and posted on the City of Fort Worth's Internet web
site on the 29th day of August 2003; and
WHEREAS, notice of the second such public- hearing was p:'a l i <°
in a newspaper having general circulation in the City of Fort
Worth, Texas, and in the hereinafter described territory on 12th
day of September 2003, and posted on the City of Fort Worth's
Internet web site on the 12th day of September 2003; and
WHEREAS, prior to the posting and publication of the notices of
public hearings, a Service Plan providing for the extension of
municipal services into the hereinafter described territory was
prepared for inspection by and explanation to the inhabitants of
the area to be annexed; and
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 59.047 acres (.0922 square miles) of land, more or
less;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That the following described land and territory lying adjacent
to and adjoining the City of Fort Worth, Texas is hereby added to
and annexed to the City of Fort Worth, Texas, and said territory
hereinafter described shall hereafter be included within the
boundary limits of the City of Fort Worth, Texas, and the present
corporate boundary limits of said City, at the various points
contiguous to the area hereinafter described, are altered and
amended so as to include said area within the corporate limits of
the City of Fort Worth, Texas, to-wit:
THENCE S 00016141"E, 466.55 feet- along the existing a.ty of
City u. ml Line, the easi: line of said McGinnis r---act andA the
west line of said A .—,T 26.259 aere �-rac' t:o a 1/2 4n�h '-on rod -found,
-
said poJnt being the a st corner or said A acre t ract
and also beina in north line of that test aiM 28.834 acre tract of
and described by deed to AT T Tnvestment, 1J.P., as recorded in Volume
A,Y-03-0009 - 2 of 5
13588, Page 181, Deed Records, Tarrant County, Texas;
THENCE S 88'20118"W, 17.28 feet continuing along the existing City of
Fort Worth, City Limit Line, the east line of said McGinnis tract and
along the north line of said AIL 28.834 acre tract to a 5/8 inch iron
rod found, said point being the northwest corner of said AIL 28.834
acre tract;
THENCE S 01'36142"W, 1003.62 feet along the existing City of Fort
Worth, City Limit Line, the east line of said McGinnis tract and the
west line of said AIL 28.834 acre tract to a 5/8 inch iron rod with
plastic cap stamped "Carter &c Burgess" set;
THENCE N 89'40124"W, 639.24 feet departing the east line of said
McGinnis tract to a 5/8 inch iron rod with plastic cap stamped "Carter
& Burgess" set in the west line of said McGinnis Tract and the east
line of the aforementioned Conley tract;
THENCE S 0005213011W, 837.24 feet along the west line of said McGinnis
tract and the east line of said Conley tract to a 5/8 inch iron rod
with plastic cap stamped "Carter L Burgess" set;
THENCE N 89'35'48"W, 305.54 feet departing the east line of said
Conley tract to a 5/8 inch iron rod with plastic cap stamped "Carter
Burgess" set in the west line of said Conley tract and the east line
of the aforementioned Krass tract;
THENCE S 0005511011W, along the west line of said Conley tract and the
east line of said Krass tract at 327.11 feet pass a 1/2 inch iron rod
found in the existing north right -of -way line of Keller Haslet Road
(an existing 50, right-of-way), in all 377.11 feet to the existing
south right-of-way line of said Keller Haslet Road;
THENCE N 8805614411W, 305.37 feet along the existing south right-of-way
line said Keller Haslet Road;
THENCE N 01'23114"E, at 50.00 feet pass a 5/8 inch iron rod found in
the existing north right-of-way line of said Keller haslet Road and
being the southwest corner of said Krass tract, then along the west
line of said Krass tract and the east line of those certain tracts of
land described by deed to James Watkins, as recorded in volume 9994,
Page 853, Volume 8800, Page 1089 and Volume 9426, Page 2102, all of
Deed Records, Tarrant County, Texas, in all 773.82 feet to a 1/2 inch
iron rod found;
THENCE S 8805212711W, 47.30 feet along the west line of said Krass
trac and the north 'Line of sa4d Watkins t.-act to a 1/2 inch i4ron rod
4:
found, said point, belln-
the southeast corner of that certa-Ln tract of
la.n.d desc--ibed by deed to JLK Land, Ltd., as recorded in 'Volume 15907,
Page 102, Deed Records, Tarrant County, Texas and also, being in the
existing City of Fort Worth, City Limit line;
THENCE N 00024114E, 843.05 feet with the exist-ing Cir-y of Fcrt Wo.-th,
City Limit line and aloe -cT che west line o�f said Krass tract and the
eas-L line of sa4d -TK Land tract tcj a 1/2 inch iron rod found;
THENCE N 0002°" 1211E 1.064.95 feet con tin uing along r-he City of Fort
AX'-03-0009 - 3 of 5
Worth, City Limit line, with the west line of said Krass tract and the
east line of said JLK Land tract to a 1/2 inch iron rod found in the
south line of the aforementioned 100.556 acre AIL investment tract;
THENCE S 89'40125"E, 666.35 feet along said City of Fort Worth, City
Limit line, the north line of said Krass tract and along the south
line of said 100.556 acre AIL Investment tract to a 1/2 inch iron rod
found, said point being the northeast corner of said Krass tract and
the northwest corner of the aforementioned McGinnis tract;
THENCE S 890401241'E, 660.01 feet continuing along the City of Fort
Worth, City Limit Line and along the north line of said McGinnis tract
to the POINT OF BEGINNING and containing 59.047 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 "X" was made
available at the public hearings 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
I
same is hereby made cumulative.
That it is hereby declared to be the i.--tent'- of the City
Council that the sections, paragraphs, sentences, clauses and
phrases of this ordinance are :severable, and if any phrase, cause,
sentence, paragraph or sect-ion of this ordinance shall be declared
unconst,tuttional by the valid judgment or decree of any court of
commeten- -;urisdiction, su-ch' unconst-itutionality sha-111 not a-ffect
u j
any of the rema-LIn-JiLng ph-rases, clauses, sentences, pa-rag-raphs and
sections o-Ic this ordinance, s�Mce the same would have -been enacted
b,y the CIty C'oun'cii without the incorporatlon in -this ordi'nance of
i
any unconst-JI-tutional phrase, clause, sentence, paragraph or
section.
kX-03-0009 - 4 "of 5
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 Dart or
parts shall not affect the effectiveness of this ordinance as to
the remainder of such area. The City Council hereby declares it to
he 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.
• Kola":
That this ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
P,
Mdrcella Olson, Deputy City Attorney
ADOPTED AND EFFECTIVE:
A,H-0_3-0009 - 51 0-f 5
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09/2Y/200
Property Subject to Plan: Landsituutedinduinde Jose Chirino Survey, Abstract Number 265and
being a portion of that certain tract uf land described 6v deed toMcGinnis
yuoos, Inc., D/86\ John Deere Landscapes, as recorded in Volume 15211,
Page 296, Deed Records, Tarrant County, Texas, also being u portion ofthat
certain tract uf land described hy deed to Clayton /\ Conley and Wife, Ora L.
Conley, as recorded in Volume 6551, Page 296, Deed Records, Iuouut
County, Texas and also being all of that tract of land described by decd to
97iDiuro Henry Kraas and wife, Caro/yo Sue }Cnsua, and recorded o \/o}uoze
770\, Page 2208` Deed Records, Tarrant County, Texas
Location and Acreage: 59.847 Acres — North of Keller Uaa)ct 8d (County Dd. 4042), onudz of
Westport Parkway, east o{Cay)urRoad and west of Old Denton Road.
County: TARRAN7-
The annexed area is currently vacant and is planned for single-family residential development. Municipal
services to the Annexation Area will be furnished by or on behalf cfthe City of Fort Worth, Texas, at the
following levels and in accordance with the following service plan programs:
PROGRAM FOR SERVICES TO BE PROVIDED ON THE EFFECTIVE DATE OF THE
ANNEXATIOU
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 proposed annexation area will be added to Police Reporting Area Q21 0, and will be part of Beat
C11 It is in the North Field Operations Division and Neighborhood Policing District 3
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,
B� Fire Protection
09/29/200
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 stadions, will be provided
to the Annexation Area commencing on the effective date ofthe annexation. These services
1* 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 oornrnen<jng on the ofhaotiwa date of the
annexation. The Fort Worth Fire Department servos as the first responder on life threatening
medical emergencies asa part of the K4od8tarsystem. All Fort Worth Fire Department personnel
are certified at an Emergency Medical Technician level or higher. All onginea, trucks, and nysouo
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. Private solid waste
service providers under contract with the City will provide services. 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.
Private service providers at the discretion of the customer may provide solid waste collection
services for businesses and multi-family dwelling complexes having three or more units.
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 ^|nmtad|obon Policy of
Community Facilities".
F,
The following services will be provided in the Annexation Area commencing on the effective date
of the annexation, unless othenm|mwnoted,
O9/29/2003
Streetlights installed on improved public streets shall be maintained by the City of Fort Worth in
accordance with current City policies. Other sheet lighting shall not be maintained by the City of
Fort Worth.
The Transportation and Public Works Department will also provide regulatory siOnage services in
the Annexation Area. Traffic eigna|, sbop, 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 ao
needed. "CALL BACK" service is provided 24 hours a day' 385 days a year for emergency sign
repair. For major arterials and ooUeutore, 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 asneeded.
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 un/nnnunih/ facilities within the
Annexation Area that are private facilities will bo unaffected bythe annexation.
Existing parks, p|oygrounds, swimming pools and other recreational and community facilities
within this property ehaU, 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 Areo, the appropriate City department will provide
maintenance services.
In addition 0u the services identified above, the following services will be provided in the Annexation Area
on the effective date ofthe 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 pubic Works Department will provide drainage maintenance services in
the Annexation Area sd current City wide service levels. The City will assume maintenance for all
public drainage channels within dedicated public drainage easements.
Storm sewer mainbanano��
.
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 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 reQulabons, including but not
limited to weed and brush ordinances, junked and abandoned vehicle ordinances, hood handlers'
ordinances and animal control ordinances, will be provided within the Annexation Area on the
. &X-03-0800
09/2912003
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 Citye building, p/unnbing, nnechanica, edeotrica|, 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, aubdk/ision, aign, manufactured housing, junk yard and other ordinances shall
be enforced in the Annexation Area beginning onthe effective date ofthe 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 2-1/2YEARS
|n addition hothe services listed above, the City will provide full municipal services to the Annexation Area
commensurate with the levels of services provided in other pads of the City except if differences in
topography, land use, and population density constitute o sufficient basis for providing different levels of
service, no later than two and one-half (2-Y2) 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 pe/iod of four and one-half (4-y6) years after the
effective date of the ennexahon, and/or upon development ofthe property, whichever occurs |ater, in
accordance with section 4below.
"Full municipal services" are services provided by the annexing municipality within its full-purpose
boundahes, 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
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. Except as otherwise noted bmmw, any such
construction shall be substantially completed within two and one-half (2-Y2)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'Y2) yearo, and/or
upon commencement of development of a subdivision within this property, whichever occurs later.
Acquisition or construction shall be accomplished by purchase, |aase, or other contract. Any such
ooneboobon shall be accomplished in a continuous process and shall be completed as soon an
reasonably possible, consistent with generally accepted local engineering and architectural standards and
practices.
^ ~ ~ A}{1)3-)009
09/29/200
regulations. City participation in the costs of these extensions shall be in accordance with
applicable City policies, ordinances, and regulations.
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 ofCommunity Facilities."
The developer shall cause to be constructed all water and wastewater facilities required
to provide service to the deva|oprnent, subdivision, or lot/tract. The developer shall be
responsible for 10096 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 City 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 toexisting
mains, water will be provided etrates established by City ordinances for such service ot
the normal rates charged throughout the City.
Connections to existing City sanitary sower mains for sanitary sewage service in the
Annexation Area will be provided in accordance with existing City ordinances and
policies. Upon oonna(tion, to existing sanitary sewer nna|ns, 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 faci|hies, 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
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 n*queot, with
priority given 0o 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 aroa, goals established by
the Parks. Recreation and Open Space Comprehensive Plan and appropriation of resources.
Should additional residential development occur, parkland dedivaUon, 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.
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,
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 bnby the landowner,
COUNCIL ACTION: Approved on 10/1412003 - Ordinance No. 15715
DATE: Tuesday, October 14, 2003
LOG NAME: 06AX030009ORD REFERENCE NO.: PZ-2507
SUBJECT:
Institution and Approval of Annexation of Approximately 59.047 Acres Located North of Keller Haslet
Road, South of Westport Parkway, East of Caylor Road and West of Old Denton Road (Annexation
Case No. AX-03-0009, Woodhaven Homes Development)
10; LO4 1 UT I
It is recommended that the City Council institute and consider the adoption of an ordinance annexing, for
full purposes, approximately 59.047 acres of land located north of Keller Haslet Road, south of Westport
Parkway, east of Caylor Road and west of Old Denton Road.
DISCUSSION:
On August 26, 2003 (M&C PZ-2498), the City Council approved the timetable for annexing the above
referenced property into the City of Fort Worth. Public Hearings concerning the annexation request were
held as required by state law on September 9 and 23, 2003. The adoption of the attached ordinance
completes the annexation process.
LOCATION — The subject property is located north of Keller Haslet Road, south of Westport Parkway, east
of Caylor Road, and west of Old Denton Road.
OPERATIONAL IMPACT — The Police Department has estimated an annual impact of $27,880 due to
anticipated calls for service to the proposed annexation area. Additionally, Transportation and Public Works
Department estimates an annual impact of $1183 for maintenance of the existing street and drainage
facility.
If annexed, this property will become a part of COUNCIL DISTRICT 2.
FISCAL —INFORMATIONXERTIFICATION:
The Finance Director certifies that this action will have no immediate material effect on City
funds. Estimated annual impacts are noted above.
TIQ Fund/AccountiCenters FROM Fund/AccounttCenters
Bob Riley (8903
(84 A t-N n - - - I - P 'IN
Additional Information Contact: Cathy Davidson (8030)