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HomeMy WebLinkAboutOrdinance 15747s ORDINANCE NO. AN ORDINANCE DECLARING + i PROVIDING i• THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT i' PROVIDING i• THE ANNEXATION OF APPROXIMATELY 52 ACRES (.081 SQUARE MILES) OF LAND, MORE OR LESS, BEING ' TRACT OF + i SITUATED IN THE R. WHITLEY SURVEY, ABSTRACT i 1672, l••/ COUNTY, BEING THE REMAINDER OF THAT SAME TRACT OF LAND DESCRIBED IN A DEED TO THE 1995 i DUNCAN MCNEILL IRREVOCABLE TRUST, VERNA MAE, RECORDED IN VOLUME ! • PAGE 517, DEED RECORDS, 1 ■■ 1 COUNTY, 1 ■ a ■ KNOWN AS 1 TRACT, (CASE NO. + SAID TERRITORY LIES ADJACENT i AND ADJOINS PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT THE TERRITORY ANNEXED SHALL yi ITS r■i RATA PART OF a PROVIDING l INHABITANTS ■ i SHALL HAVE ALL THE PRIVILEGES OF ALL OF •■ WORTH, TEXAS; PROVIDING THAT ORDINANCE + AMEND EVERY PRIOR ORDINANCE i PROVIDING ORDINANCE ♦ LL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT DIRECT CONFLICT; PROVIDING i' ' +' AND NAMING AN 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 7th day of October 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 21st 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 26th day of September 2003, and posted on the City of .Fort Worth's Internet web site on the 26th day of September 2003; and WHEREAS, notice of the second such public hearing was published Jn a newspaper having general circulation in the City of Fort North, Texas, and in the hereinafter described territory on the 10th day of October 2003, and posted on the City of Fort Worth's Internet web site on the 10`h day of October 2003; and WHERREAS, written notice o f the proposed annexation was provided to the Eagle Mountain Saginaw independent School District, 1200 Old -03 -0007 ° l of 5 Decatur Road, Saginaw, Texas, 76179 on the 26th 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 52 acres (.081 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: BEG!1NTNLNG at a " Capped 427-1 rebar set in the south line of Bailey - Boswell Road in the no--t1_--L line of said Mae Tract; THENCE S 89-26'12- E, 791.75 feet along the south line of Bailey Boswell Road same being the north line of the Mae Tract to a r ebar --od found (Control Monume.nt) for the northeast corner of the Mae Tc_-act; A A-Y-03-0007 -- 2 oF 5 THENCE S 00 012'27" W, 659.85 feet along a common line between the Mae Tract and a tract of land described in a deed to Trinity Church of Lake Country recorded in Volume 14506, Page 303, Deed Records, Tarrant County, Texas to a 1" rebar rod found; THENCE S 89 °21'59" E, 659.48 feet along a common line between Mae Tract and said Trinity Church to a �5" rebar rod found in the west line of Bowman Roberts Road; THENCE S 00 012'27" W, 912.43 feet along the west line of Bowman Roberts Road to a %" capped 4277 rebar rod set in the common line between the Mae Tract and a tract of land described in a deed to R.C. Walton and wife, Faye A. Est. Walton recorded in Volume 10237, Page 460, Deed Records, Tarrant County, Texas; THENCE N 88 056117" W, 1949.91 feet along the south line of the Mae Tract same being the north line of said Walton Tract and a tract of land described in a deed to S.C. Development, recorded in Volume 13180, Page 442, Deed Records, Tarrant County, Texas to a %" rebar rod found for the southwest corner of the Mae Tract same being the southeast corner of a tract of land described in a deed to Borss, Inc. recorded in Volume 12407, Page 590, Deed Records, Tarrant County, Texas; THENCE N 00 041'31" E, 386.63 feet along a common line between the Mae Tract and said Borss Tract to a /" rebar rod found for the northeast corner of the Borss Tract; THENCE N 89 001'17" W, 449.71 feet along a common line between the Mae Tract and the Borss Tract to a %" rebar rod found (Control Monument) for the northwest corner of the Borss Tract and in the east line of said Texas Electric Tract; THENCE N 0046126" E, (base bearing per deed in Volume 15029, Page 517, D.R.T.C.T.), 224.83 feet along the common line between the Mae Tract and a tract of land described in a deed to Texas Electric Service Company recorded in Volume 2658, Page 309, Deed Records, Tarrant County, Texas; THENCE S 89026'12" E, 933.38 feet to a " Capped 4277 rebar rod set; THENCE N 00046126" F, 933.38 feet two the POINT OF BEGIC JFNILN and containing 51.83 acres of sand more or less. That the above described territory is shown on Map Exhibit "A" which is attached hereto and expressly incorporates herein by - eferen ce for the nurpose olf and dep ci ng the lo w'"';z €..i ;' n o the h e r ,E. n a :..+ -.- v` ei =... s ` ..,..=..e .... Laa. 1.. e r _y . i..., o r�'� . AX -03 -0007 - 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 S 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 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. AX-03-0007 - 4 of 5 described herein. That this ordinance shall take effect upon adoption. L M/ai!cella Olson, Deputy City Attorney ADOPTED AND EFFECTIVE: AX-03-0007 - 5 of 5 VA *%l T --- --- -- ------ INU FIII IL -7, 7 F L ----- -- ---- jlUl _.J ri will. rq iii 0- J 9 2-- L r— k i. I I ILI I cr :1,- —7 I -n AX-O-0O0 EXHIBIT X Property Subject to Plan: Land situated in the R. Whitley Survey, Abstract No. 1G72. Tarrant County, being the remainder of that same tract of land described ina deed toThe 1996 John Duncan McNeill Irrevocable Trust. Verna Mae, recorded in Volume 15O2Q. Page 517. Deed Records, Tarrant County, Texas. I-ocation and Acreage: 52 Acres - North of W J Boaz Road, south of Bailey Boswell Road, east of Boat Club Road, and west of Bowman Roberts Road. County: TARRANT The annexed area is currently vacant and is planned for single-family residential development. Municipal services to the Annexation Area will be furnished bvoron behalf ofthe City of Fort VVurth, Texas, at the following levels and in accordance with the following service plan programs: 1. 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 o The proposed annexation area will be part ofBeat C11. It is in the Northwest Field Operations Division and Neighborhood Policing District 3. Combined with other development activity within the area, the Police Department has anticipated the necessity of an additional beat in this area which will be developed over the next 12 to 18 months using recently approved budget funds and in accordance with the reorganization recommended byJunbax and the police department command staff. This annexation will fill a "donut hole" within the proposed beat boundaries. The Fort Worth Police Department will provide protection and law enforcement services in the Annexation Area commencing onthe effective date of annexation. The services will include: Normal patrols and responses to calls for service Handling mf 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 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-, A%-03-0007 11/03/2003 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 bo the Annexation Area commencing on the effective date ofthe annexation. The Fort Worth Fire Department serves as the first responder on life threatening medical emergencies as a part of the W1edSbar system. All Fort Worth Fire Department personnel are certified at an Emergency Medical Technician level or higher. All anginea, trucko, and rescue units carry Automatic External Defibrillators for use with head attack D. Solid Waste Collection Solid waste collection aheU be provided to the Annexation Area in accordance with existing City ordinances and policies commencing on the effective doba of the ann*xation. Private solid waste service providers under contract with the City will provide services. Persons using the aen/ioee of privately owned so/id waste management service provider may continue to use such services until the second anniversary ofthe annaxeUon. 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 ommima to the Annexation Area in accordance with the "Installation Policy of Community Facilities". F. Operation and Maintenance of Roads and Streets, Including Street Lighting AX-03-0007 1110312003 frequency. All improved intersections and roadways are striped upon improvement. All roadways are re- striped and remarked as needed. !" . ! . i • . i ! • . ! ! mot# 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, the appropriate City department 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 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 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 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. 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. L9 AX'03'0007 11/03/2003 required based on comprehensive study, the additional incremental cost shall be *ome 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 to ex/sting olains, water will be provided at naban 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 Oh/ 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 and Streets, No road or street related capital improvements are necessary ad this time. Fu lure extensions of roads or streets and future installation of related facilities, such autraffic control devices, will be governed by the City's standard policies and procedures. F. Drainage Utilitv. No capital improvements are necessary at this time to provide drainage G. St eet 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 otnamd 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, Play_qrounds 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. 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 Iltotwithstanding 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, 1 011 i-I 1! COUNCIL ACTION: Approved on 11/11/2003 - Ordinance No. 15747 DATE: Tuesday, November 11, 2003 LOG NAME: 06AX030007ORD REFERENCE NO.: **PZ-251 SUBJECT: Institution and Approval of Annexation of Approximately 52 Acres of Land, or .081 Square Miles (More or Less) Located North of W. J. Boaz Road, South of Bailey Boswell Road, East of Boat Club Road, and West of Bowman Roberts Road (AX-03-0007, Boswell Ranch Estates/Mae Tract) It is recommended that the City Council institute and consider the adoption of an ordinance annexing approximately 52 acres of land or .081 square miles (more or less) located north of W. J. Boaz Road, south of Bailey Boswell Road, east of Boat Club Road, and west of Bowman Roberts Road (AX-03-0007, Boswell Ranch Estates / Mae Tract). DISCUSSION: On September 23, 2003 (M&C PZ-2503), 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 October 7 and 21, 2003. The adoption of the attached ordinance completes the annexation process. LOCATION - north of W. J. Boaz Road, south of Bailey Boswell Road, east of Boat Club Road, and west of Bowman Roberts Road. If annexed, this property will become a part of COUNCIL DISTRICT 7. FISCAL INFORIVIATIONXERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. Submi e f Qdgi - n - a - t ' in 'g,Qvpartment He'qd--;' Add i n I t f rmation Contact Loaname: 06AX030007ORD :_1 Reid Rector (6140) Bob Riley (89011) Cathy Davidson (8030) Page 1 of 2