HomeMy WebLinkAboutOrdinance 15726ORDINANCE NO.
AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR
THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF
FORT WORTH; PROVIDING FOR THE ANNEXATION OF
APPROXIMATELY 109.07 ACRES (.1704 SQUARE MILES) OF LAND,
MORE OR LESS, BEING A TRACT OF LAND SITUATED IN THE
WALTER HOUSTON SURVEY, ABSTRACT NO. 746, TARRANT COUNTY,
TEXAS, SAID TRACT BEING A PART OF A TRACT OF LAND
DESCRIBED IN DEED TO W.G. POWELL AND WIFE ALMA POWELL,
AS RECORDED IN VOLUME 2343, PAGE 134, DEED RECORDS
TARRANT COUNTY, TEXAS, (CASE NO. AX -03 -0005) 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, 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 23rd day of
September 2003; and
WHEREAS, a second 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 7th day of October 2003; and
WHEREAS, notice of the first such public hearing was published in
a newspaper having general circulation in the City of Fort Worth,
Texas, and in the hereinafter described territory, on the 12th day
of September 2003, and posted on the City of Fort Worth's Internet
web s'te on the 12` day of Septe ,L,er 2003; and
WHEREAS, notice of the second such public hearing was published
in a newspaper havlin general circulation in the City o," Fort
Wort, Texas, and in the hereinafter described territory on the 26`h
day of September 2003, and posted on the City of Fort Worth's
internet web site on the 20 day of p and
Se te�re.�. .r 2003; a
WHEREAS, written not:, --e of the pr000sed annexation was provided
to the Keller I ep endent S^c h'`-ol - t ? t, 50 Keller Parkway,
A- -0-1 -0005 -- l of 5
Keller, Texas, 76248, on the 4th 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 109.07 acres (.1704 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:
Being a 109.07-acre tract
of land situated in
the Walter Houston
Survey, Abstract
No. 746,
Tarrant County, Texas,
said tract being a
part of a tract
of land described in deed to W.G. Powell and wife
Alma Powell, as
recorded
in Volume 2343, Page
134, Deed Records
Tarrant County,
M
Texas
(D.R.T.C.T.), said
tract being more
particularly described
as
follows:
2EGTN'1NN_1G at a point for corner on he southeasterly ri(ght-of-way
line of State Highway 170, said point being on the north line of
said Powell tract and said Walter Houston Survey;
THENCE North 67 degrees 46 minutes S3 seconds East, departing said
southeasterly right-of-way line and along said north line, a
d-Fs",--ance of 1498.23 felt to the northeast corner of said Powell
t-ract, said co_-ner beinaf on the west line of G.W. Parker Survey,
Akbstract No. 1251;
A-31,C-03-0005 - 2 of 5
THENCE South 00 degrees 06 minutes 45 seconds East, along the east
line of said Powell tract, a distance of 3485.97 feet to the
southeast corner of said Powell tract, said corner being on the
north line of Francisco Cuello Survey, Abstract No. 266;
THENCE North 89 degrees 59 minutes 45 seconds West, along the south
line of said Powell tract, a distance of 1290.89 feet to a point
for corner;
THENCE North 00 degrees 19 minutes 58 seconds East, a distance of
258.07 feet to a point for corner;
THENCE North 89 degrees 40 minutes 15 seconds West, a distance of
241.63 feet to a point for corner on the west line of said Powell
tract, said corner being on the east line of Harvey Cox Survey,
Abstract No. 386;
THENCE North 00 degrees 05 minutes 53 seconds West, along the west
line of said Powell tract, a distance of 2159.80 feet to a point
for corner;
THENCE South 89 degrees 17 minutes 33 seconds East, departing said
west line a distance of 56.30 feet to a point for corner on the
southeasterly right-of-way line of the aforementioned State Highway
170, said point being on a circular curve to the right, having a
radius of 990.00 feet and whose chord bears North 07 degrees 14
minutes 06 seconds East, a distance of 224.24 feet;
THENCE Northeast, along said southeasterly right-of-way line and
said curve to the right, through a central angle of 13 degrees 00
minutes 20 seconds, an arc distance of 224.72 feet to the point of
tangency;
THENCE North 13 degrees 44 minutes 17 seconds East, along said
southeasterly right-of-way line, a distance of 125.39 feet to the
point of curvature of a circular curve to the left, having a radius
of 1110.00 feet and whose chord bears North 09 degrees 38 minutes
14 seconds East, a distance of 158.76 feet;
THENCE Northeast, along said southeasterly right-of-way line and
said curve to the left, through a central- angle of 08 degrees 12
minutes 06 seconds, an arc distance of 158.89 feet to the POINT OF
BEGI10 ING AND CONTAINING 4,750,879 square feet or 109.07 acres of
land more or 'Less.
SECTION 2.
That the above described territory is shown on Map Exhibit "All
which is attached hereto and expressly incorporated herein by
reference for the purpose of illustrating and depicting the
location of the hereinabove described te- -rritory.
AX-03-0005 - 3 of 5
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 "XII 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
same is hereby made cumulative.
SECTION 6.
That it is hereby declared to be the intent of the City
Council that the sections, paragraphs, sentences, clauses and
phrases of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of
any unconstitutional phrase, clause, sentence, paragraph or
section.
AY-03-0005 - 4 of 5
That this ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Q) 3
Maice'lla Olson, Deputy City Attorney
ADOPTED AND EFFECTIVE: 101AS10
3
AX-03-0005 - 5 of 5
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Property Subject to Plan: Loud situated in the Walter Houston Survey, Abstract No. 746 Tarrant Cnuo1y,
Texmsaidmct being u part ofatract of land described in deed to W.G9owell and
wife Alma Powell, as recorded in Volume 2343` 9o0c 134, Deed Records Tarrant
County, Texas.
Location and e: North ofWestport Parkway, south ofTarrant County /Deo1oo County boc
east o[ Old Denton Road and west of Beach Street North —lO9acres
County: TABRANT
Municipal services to the Annexation Area will be furnished bymonbehalf of the 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
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 ho calls for service
Handling of offense and incident reports
Special units, such as traffic enforcement, criminal investigations, narcotics law enforcement,
gang suppression, and crime response team deployment when required.
These services are provided on a citywide basis. This annexation balks within an area of the city
experiencing significant growth and, combined with other development and annexation activity, and
utilizing the Annexation Model provided byJuoTexwe project that this area will within the next 2bo7
years require at least two additional bmah;. consisting of 10 patrol officers, 2 Neighborhood Police
Officers and 8 marked vehicles. The area will initially be combined with an existing Police Reporting
Area (PRA) but utilizing concept plans submitted for the area wewill shortly after annexation add
new PRAs for the area.
13� Fire Protection
Fire protection services by existing personnel and equipment of the Fort Worth Fire
within the limitations of available water and distances from existing Ore ebmUono, will be provided
to the Annexation Area commencing on the effective date of the annexation. These services
1"tresponder emergency medical services
Fire suppression and rescue;
Hazardous nnaNede|smitigation and regulation"
Dive rescue;
.
Technica|rescue|
Fire Safety Education,'
--_—_--gg.
Fire protection system plan review;
Inspections;
Emergency Management Planning
6�
11 0911" 11/2003
These services are provided on a e 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 osa part uf the [Wed8tarsystem. All Fort Worth Fire Department personnel
are certified at an Emergency Medical Technician level or higher. All engineo, 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 Qh/
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 so/id 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 [}CN of the C|b/ of Fort Worth. The City will provide web*
and sewer son/ice 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 beprovided 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 onaCitywide
basis and scheduled based on o variety of factors, including surface cnndidon, ride abi|ihy, aQe,
traffic vo|ume, functional dass, and available funding. Any necessary rehabilitation or
reconstruction will be considered and prioritized una citywide basis,
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 bythe City of
Fort Worth,
AX-03-005 09/11/2003
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,
p|ayQrounde, ovvinnnninQ pools and other recreational and community fec/UUma within the
Annexation Area that are private facilities will be unaffected by the annexation.
Existing perka, playgrounde, swimming pools and other recreational and oonlrnunUv 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.
In the event the City acquires any other facilities, buildings or services necessary for municipal
services |ooek*d in the Annexation Area, the appropriate Qh/ department will provide
maintenance 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 cf the annexation.
8� The City will provide general municipal administration and administrative services.
C. The Transportation and Public Works Department will provide drainage nnoinb*nonoe services in
the Annexation Area nt current City wide 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 Water quality assessments for creeks.
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
w'11 be answered and investigated by exisfing personnel within the appropriate department
beginning on the effective date of the annexation,
E, The City's building, plumbing, mechanical, electrical, and all other construction codes will be
enforced within the Annexation Area beginning with the effective date of the annexation,
F, The City's zoning, subdivision, sign, manufactured housing, junk yard and other ordinances sh
be enforced in the Annexation Area beginning on the effective date of the annexation, i
G, All inspection services furnished by the City of Fort Worth, but not mentioned above, will be
provided bo the Annexation Area beginning on the effective dateofthe annexation,
AX-03-005 ~�' n��' 09/11/2003
3. PROGRAM FOR PROVIDING FULL MUNICIPAL SERVICES WITHIN 2'y,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 (2-3/2) 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 o schedule for providing said services within a period of four and one-half (4-y6) years after the
effective date ofthe annexation, and/or upon commencement of development of a subdivision within this
property, whichever occurs later.
"Full municipal services" are aenioon provided by the annexing municipality within its full-purpose
bnundaries, 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 bm any other area ofthe
4. CAPITAL IMPROVEMENTS PROGRAM
The City will initiate acquisition or construction of capital improvements necessary for providing full
municipal services adequate ho serve the Annexation Area. 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 o 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, |eoue, or other contract. Any such
construction ahe| be accomplished in a continuous process and shall be completed as annn 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 toprovide 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 atthis 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 sdthis time to provide solid
waste collection services to the Annexation Area.
Following hsa summary oY the Water and Wastewater Installation Policy asset out in Section III nf
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|otultnaot, The devw|oper shall be
responsible for 100% of the cost for water and wastewater facilities designed to provide
4
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AX-03-005 Q
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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 hz 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 hoexisting
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 conoection, 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 and Streets. No road or street related capital improvements are necessary at this time,
Future extensions ofroads 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
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 raquesi, 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 hnp/uvomnnbs such as parkland acquisition
and development of facilities will be dictated by future land use of the ama, goals established by
the Parks. Recreation and Open Space Comprehensive Plan and appropriation of resources.
Should additional residential dova{npnneni ouour, parkland dedimaUon, 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.
i In genona|, other City
functions and services, and the additional services described above can be provided for the
Annexation Area by using existing capital impmvmmonts. Additional capital improvements enemot
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,
COUNCIL ACTION: Approved • Ordinance # 15726
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SUBJECT:
Institution and Approval of Annexation of Approximately 109 Acres Located North of Westport
Parkway, South of Tarrant County/Denton County Line, East of Old Denton Road, and West of
Beach Street North (Annexation Case No. AX-03-0005) (Powell Property)
RECOMMENDATION:
It is recommended that the City Council institute and consider the adoption of an ordinance annexing
approximately 109 acres of land located north of Westport -Parkway, south of Tarrant County/Denton
County Line, east of Old Denton Road, and west of Beach Street North.
DISCUSSION:
On September 9, 2003 (M & C PZ-2499), 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 23, and October 7, 2003. The adoption of the attached
ordinance completes the annexation process.
LOCATION – The subject property is located north Westport Parkway, south of Tarrant County/Denton
County Line, east of Old Denton Road, and west of Beach Street North.
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 $6,724 for maintenance of the existing street and drainage
facility.
If annexed, this property will become a part of COUNCIL DISTRICT 2.
FISCAL INFORMATION /CERTIFICATION:
The Finance Director certifies that this action will have no immediate material effect on City
funds. Estimated annual impacts are noted above,
Submitted for City_ A�ana er�s Office by: Reid Rector (6140)
• ginat rtrne�n
in �Qe �a t Hea_d. Bob Riley (8901)
A—dditional Information Contact:
Cathy Davidson (8030)
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