HomeMy WebLinkAboutOrdinance 21252-05-2014 ORDINANCE NO. 21252-05-2014
AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF
CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR THE
ANNEXATION OF AN APPROXIMATELY 21.0 ACRE TRACT OF LAND SITUATED IN THE
WILLIAM E. CONWILL SURVEY, ABSTRACT NUMBER 342, SITUATED ABOUT 8.7 MILES
NORTH 35 DEGREES WEST OF THE COURTHOUSE,TARRANT COUNTY,TEXAS(CASE NO.
AX-13-006) 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 the City of Fort Worth has received a petition in writing requesting the full-purpose annexation of
the area; and
WHEREAS the population of the City of Fort Worth, Texas, is in excess of 100,000 inhabitants; and
WHEREAS the hereinafter described territory lies within the exclusive extraterritorial jurisdiction of the City
of Fort Worth, Texas; and
WHEREAS the hereinafter described territory lies adjacent to and adjoins the City of Fort Worth,Texas;and
WHEREAS the hereinafter described territory contains approximately 21.0 acre of land(0.033 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:
Beginning at a 1/2 inch steel rod found for the southwest corner of"Tract 2" described in said SFI deed, said
rod being in the easterly boundary line of the same tract of land described in the deed to Texas
Electric Service Company recorded as Document No. DI 53070229 in said Deed Records, said rod
being the northwest corner of Lot 1, Block 1, Eagle Mountain Water Treatment Plant Addition, an
Ordinance No. 21252-05-2014
Pagel of 4
addition to the City of Fort Worth, Texas, according to the plat thereof recorded in Cabinet A, Slide
365 in the Plat Records of Tarrant County, Texas;
Thence North 00 degrees 48 minutes 36 seconds East with the westerly boundary line of said Tract 2 and the
easterly boundary line of said Texas Electric tract a distance of 262.27 feet to a 1/2 inch "MILLER
5665" capped steel rod se for an outer corner of said Tract 2t
Thence South 89 degrees 26 minutes 10 seconds East with the northerly boundary line of said Tract 2 a
distance of 365.55 feet to a 1/2 inch "MILLER 5665" capped steel rod set for an inner corner
thereof,
Thence North 00 degrees 38 minutes 05 seconds East with the westerly boundary line of said Tract 2 a
distance of 59.99 feet to a 1/2 inch "MILLER 5665" capped steel rod set;
Thence North 00 degrees 45 minutes 55 seconds East continuing with said westerly boundary line a distance
of 311.26 feet to a 1/2 inch "MILLER 5665" capped steel rod set for an inner corner of said Tract 2;
Thence North 89 degrees 24 minutes 07 seconds West a distance of 365.13 feet to a 1/2 inch "MILLER 5665"
capped steel rod set in the easterly boundary line of said Texas Electric tract;
Thence North 00 degrees 48 minutes 36 seconds East with the westerly boundary line of said Tract 2 a
distance of 20.46 feet to the northwest corner thereof, same being in the northerly boundary line of
said Conwell survey;
Thence South 89 degrees 33 minutes 48 seconds East with the northerly boundary line of said Tract 2 and the
northerly boundary line of said Conwell survey a distance of 1581.27 feet to 1/2 inch steel rod found
for the northeast corner of said Tract 2;
Thence South 00 degrees 54 minutes 18 seconds West with the easterly boundary line of said Tract 2 a
distance of 668.12 feet to a 1/2 inch steel rod found for the southeast corner thereof;
Thence North 89 degrees 03 minutes 33 seconds West with the southerly boundary line of said Lot 2 a
distance of 1580.13 feet to the Place of Beginning and containing some 21.0 acre(0.033 square
miles)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,
Ordinance No.21252-05-2014
Page 2 of 4
..........--
Texas.
SECTION 4.
That the Service Plan attached hereto as Exhibit "B" was made available for inspection by and
explanation to the inhabitants of the area to be annexed and is approved and incorporated into this ordinance 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.
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 part or parts shall not affect the
effectiveness of this ordinance as to the remainder of such area. The City Council hereby declares it to be its
purpose to annex to the City of Fort Worth every part of the area described in Section 1 of this ordinance,
regardless of whether any part of such described area is hereby not effectively annexed to the City. Provided,
further, that if there is included within the description of territory set out in Section 1 of this ordinance to be
annexed to the City of Fort Worth any area which is presently part of and included within the limits of the City of
Fort Worth,or which is presently part of and included within the limits of any other city,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 8.
That this ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
.....
Melinda Ramos, Assistant City Attorney Mary 1. K �s , Sec rctary
ADOPTED AND EFFECTIVE: May 20, 2014
Ordinance No. 21252-05-2014
Page 3 of 3
Proje'ct Case # AX-1 3-006 Exhibit A
Addition of 21 .0 Acres to become part of Council District 2
T
199 t3'-
1 183
� _ 1 ,I�1 it 11,, 1 �i ,, ,, % 1� , 1 � � I � t��,�J� » � 1
Legend Proposed Process Schedule References FORTWORTH
61 Proposed Annexation Area Date of Adoption 10/15/13 Mapsco 32U-,,
all Fort Worth City Limits Current Full-Purpose Incorporated Are 335.96 Square M&7--� PfaiyWng Dew#op'"ent Department
CD Fort Worth ETJ 0 500 1,000 Feet 8/15/13.HK
Adjacent City
. ................
AX 13-006 6900 block Boat Club Road Exhibit B
CITY OF FORT WORTH TEXAS
SERVICE PLAN FOR ANNEXED AREA
Property Subject to Plan: BEING 21.0 acres of land situated in the William E. Conwill Survey,Abstract
342; situated about 87 miles North 35 degrees West of the Courthouse in
Tarrant County,Texas,
Location and Acreage: Approximately 21.0 acres of land in Tarrant County, located south of
Robertson Road and east of Boat Club Road.
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. 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.
As used in this plan, the term 'providing services' includes having services provided by any method or
means by which the City may extend municipal services to any other area of the City, including the City's
infrastructure extension policies and developer or property owner participation in accordance with applicable
city ordinances.
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 citywide basis. The area will be combined with existing Police
Reporting Areas 5030.The area will be added to Beat N34 in Zone N3 in North Division,
B. Fire Protection
Fire protection services will be provided by existing personnel and equipment of the Fort Worth Fire
Department, These services will be provided based upon available water, road and street
conditions, and distances from existing fire stations. Services will be provided to the annexation area
commencing on the effective date of the annexation. These services include-
Basic Life Support(BLS) 1st responder emergency medical services
Fire suppression and rescue;
Hazardous materials mitigation and regulation",
Dive rescue;
Technical rescue;
Fire Safety Education;
Aircraft/rescueffirefi ghting;
Fire protection system plan review", and
Inspections.
These services are provided on a citywide basis. All Fort Worth firefighters are certified by the Texas
Commission on Fire Protection,
.
....... ..............................
. X13-0'06 6900 block.Boar.Club Road Exbibit B
On the date of annexation, the first responding fire services will come from Fire Station 40, located at
8510 Spring Street. The second responding fire company will be from Fire Station 13 located at 5333
Lea Crest Lane. The Fire Department estimates the response time to be 3.0 and 5.3 minutes,
respectively.
C. Eme dical Services Basic Life SW
-porl
Basic Life Support (BLS) 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 full-purpose annexation. The Fort Worth Fire Department serves as the first responder
on life threatening medical emergencies as a part of the MedStar system. All Fort Worth Fire
Department personnel are certified as Emergency Medical Technician basic level or higher,. All
engines,trucks, and rescue units carry Automated External Defibrillators for use with victims who are
in cardiac arrest.
Emergency Medical Services—Advanced Lik, pp q-Su q
Advanced Life Support response provided by MedStar is greater than 9 minutes to the proposed
annexation area with a potential of at least a 30-minute transport time to the nearest trauma center.
D. Solid Waste Collection
Solid waste collection shall be provided to the Annexation Area in accordance with existing City
ordinances and policies commencing on the effective date of the full•purpose annexation. For
residential collections, private solid waste service providers under contract with the City will provide
services. Residential customer's using the services of a privately owned solid waste management
service provider other than the City's contracted service provider may continue to use such services
until the second anniversary of the annexation.
At the discretion of the customer, private service providers may provide solid waste collection
services for businesses and multi-family dwelling complexes having three or more units. Private
solid waste collection providers must have an active Grant of Privilege issued by the City of Fort
Worth to provide service within the city limits.
E. lities
Existing occupied homes that are using water well and on-site sewer facilities(and therefore have
service) may continue to use the existing water well and on-site sewer facilities. If the existing
property owner would like to connect to the City water and sewer system, then the property owner
may request connection and receive up to 200 LF of water and sewer extension at City cost for each
occupied property lot or tract in accordance with the"Policy for the Installation of Community
Facilities"and as consistent with the Texas Local Government Code.
Upon connection to the City's water and sanitary sewer mains, water and sanitary sewage service
will be provided at rates established by City ordinances for such service at the normal rates charged
throughout the City.
F.
C eration arld Maintenance of Podgy and Streets iraludinq Street Li htinca
The following services will be provided in the Annexation Area commencing on the effective date of
the full-purpose annexation, unless otherwise noted.
These services include emergency pavement repair and repair maintenance of public streets on an
as-needed basis. Preventive maintenance projects are prioritized on a region-wide 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 by the City.
2
AX 13 006 6900 biock Boat GI iub Road Exhibit B
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 City 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.
G. Operation and Maintenance qfLegEKs,_RLa rounds a �.jwinj D2L nRPoois
-
Residents of this property may utilize all existing parks and community service facilities throughout
the City, beginning with the effective date of the full-purpose 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. F�ac t uilgibIpLSere,
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 upon the effective date of the full-purpose annexation.
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. With a Fort Worth library card, residents can access the Library's online resources which include
ebooks, e-audio and reference databases from home and borrow materials from any Fort Worth
Library branch and our MetrOPAC partners and from participating TexShare libraries,
B. The City will provide general municipal administration and administrative services,
C, The Annexation Area will be included in the Transportation and Public or Department's
Stormwater Utility service area. Proper-ties in this area will be assessed a monthly fee based on the
amount of impervious surface, The fees will cover the direct and indirect costs of stormwater
management services, including routine maintenance(at current citywide service levels)for all public
drainage channels and for all public storm sewers within dedicated public drainage easements. The
Stormwater Utility will also provide floodplain mariagernent and information regarding flood plains, as
well as watershed development review and inspection,
D. City codes, consumer health, and animal care and control ordinances and regulations, that include
but not limited to: high weeds and grass, trash and debris, solid waste, trash carts and illegal
dumping, junked and abandoned vehicles, zoning, food, daycare, public pool and spa inspections,
stray animals, cruelty and bite investigations will be enforced. Complaints of ordinance or regulation
violations within the area will be answered and investigated by existing personnel within the
appropriate Code Compliance Division 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 full-purpose 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 full-purpose annexation,
3
AX13 006 6900 block Boat Club Road Exhibit B
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 full-purpose annexation,
H. In addition to residential solid waste collection services,the Environmental Management Division will
provide the following services:
Emergency spills and pollution complaints response'i
for sewer discharge pollution prevention; and
Water quality assessments for creeks.
3. PROGRAM FOR PROVIDING FULL MUNICIPAL SERVICES WITHIN 2-12 YEARS
In addition to the services listed above, the City will provide -full municipal services to the Annexation Area
commensurate with the levels of services provided in other parts of the City except if differences in
topography, land use, and population density constitute a sufficient basis for providing different levels of
service, no later than two and one half(2.-'/:?.) years after the effective date of the annexation. If full municipal
services cannot be reasonably provided within the aforementioned time period, the City will propose a
schedule for providing said services within a period of four and one-half(4-%)years after the effective date of
the annexation, 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, excluding as or electrical service. The City shall provide the services by any of the methods by
which it extends the services to any other area of the City.,
4. CAPITAL IMPROVEMENTS PROGRAM
The developer will initiate acquisition 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 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-%) 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. Currently, Fire Station 40 has a 3.0 minute response time to the Annexation Area.
No capith improvements are necessary at this time to provide fire protection to the Annexation Area.
Need for construction of new facilities will be assessed periodically based on population growth,
predicted growth, and call volume.
C. Solid Waste Collection, No capital improvements are necessary at this time to provide solid waste
Ilection services to the Annexation Area.
D Water and Wastewater, Fort Worth is currently maintaining the existing 15-inch sewer line running
through the annexation area. Fort Worth is also maintaining 24 and 36" water line in the vicinity.
The site is adjacent to the Eagle Mountain Water Treatment Plant.
Vacant properties'water and sewer extensions will be installed by the Developer in accordance with
the"Policy for the Installation of Community Facilities",, All water and wastewater facilities will be at
the developeCs cost and as consistent with the Texas Local Government Code. Water and sewer
4
AX-13 006 6900 block.Boat(.1ub Road Exhibit B
line sizes will be determined based upon the water/sewer,study provided by the developer's
engineer. Any City participation on water and sewer facilities will be in accordance with the
"Installation Policy of Community Facilities" and the Texas Local Government Code. Upon
connection, to existing water and sanitary sewer mains,water and 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 No future capital improvements are estimated as the site is not adjacent to public roadways.
F. Storm Water Qt9jW No capital improvements are necessary at this time to provide drainage
services.
G. Street ligl2liM 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. fPgarKsE,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
Park, Recreation and Open Space Master Plan and appropriation of resources. Should additional
residential development occur, parkland dedication, neighborhood park development and
neighborhood park infrastructure or payment in lieu thereof will be required in accordance with the
Park Dedication Policy of the Subdivision Ordinance.
L Other Publicl Owned Facilities Buildinei nr 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.
5
City of Fort Worth, Texas
Mayor and Council Communication
IN uuuuuuuuuuuuuuuuuuuuuumi umuuuuuuuuuuuuuuuuuuouououuoouu�imimuminoimuom mmuuouuuuuuuuuuuuuuuuuuuuuuuumiouwuuMnuuwwow�ouuuuuuuuuuuuuuuuuuuuuomimw w uu us iwwwuimumiu uuuuuuuuuouuuuuuumwmmmimuwuuumm000muuuuuuuuuuuuuuuuuuuuuuuuuwwmmmiououummmmmmumo
COUNCIL ACTION: Approved on 5/20/2014 - Ordinance No. 21252-05-2014
CONTINUED FROM A PREVIOUS WEEK
DATE: Tuesday„ January 14, 2014 REFERENCE NO.: PZ-3049
LOG NAME: 065030 ADOPT -1 ®0
SUBJECT:
Consider Institution and Adoption of Ordinance for the Ownerd n itiated Annexation of Approximately 21..
Acres of Land in the 6900 Block of Boat Club o (COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council consider instituting and adopting the attached ordinance annexing
approximately 21.0 acres of land in the 6900 block of I Road.
DISCUSSION:
Texas American Properties filed a pe'tit'ion requesting annexation of this 21.0 acre enclave on condition of
approval of the requested zoning. The property, owner signed a development Agreement in 2007 in lieu of
annexation and agreed to request annexation if the property was proposed for urban development instead
of remaining as agricultural use. The property owner has requested "A-5" Family and "C" Medium
Density Multifamily, and the proposed development would include 15 single family houses as part of
larger,subdivision to the north and a 313-unit apartment complex.
Since the Comprehensive Plan future land use designation is single family residential, the City Plan
Commission recommended retaining the single family zoning to the Zoning Commission.. The Zoning
Commission has recommended denial without prejudice of the zoning request. Because the City may
only zone what is within its corporate limits„ the annexation petition must be considered prior to the zoning
request. If the annexation is denied, the enclave would remain subject to the development
Agreement. While the annexation and zoning are related cases, approval of annexation is not
conditioned on the associated multifamily zoning also being approved.
Annexation of this site is expected to have a long-term positive impact to the General Fund based on the
proposed development. The Police Department has estimated an annual service cost of 17„066.00 and
other General Fund services have estimated an annual irnpact of$3,493.00. The City is able to provide
municipal services upon annexation in accordance with State law without negatively impacting service
provision within the City. Annexation of this site is consistent with the City's annexation policy of annexing
enclaves and property proposed for urban development,
If annexed, this property will become part of COUNCIL DISTRICT 2, Masco 32U and .
FISCAL INFORMATION I CERTIFICATION:
The Financial Management Services Director certifies that u s are available in the current operating
budgets of the various City departments, as appropriated, of the General Fund.
Logn ic: 065030 ADOPT -13, 006 Page 1. of
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager®s Office by. Fernando Costa (6122)
Orlininatina Department Head: Randle Harwood ( 1 1)
Additional Information Contact: Beth Knight (81 90)
Log-mu-ne: 065030 ADOPT AX-13-006 Page 2 of 2