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HomeMy WebLinkAboutOrdinance 18431-01-2009AX 08 009 ORDINANCE NO 18431-1-2009 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 1 5 ACRE TRACT OF LAND SITUATED IN THE CYRUS K GLEASON SURVEY ABSTRACT NUMBER 559 SITUATED ABOUT 10 5 MILES SOUTH 81 DEGREES WEST OF THE COURTHOUSE TARRANT COUNTY TEXAS (CASE NO AX-08-009) 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 Chamber in the Municipal Office Building of Fort Worth Texas on the 2nd day of December 2008 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 Chamber in the Municipal Office Building of Fort Worth Texas on the 9th day of December 2008 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 13th day of November 2008 and posted on the City of Fort Worth s Internet web site on the 12th day of November 2008 and WHEREAS notice of the second 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 21st day of November 2008 and posted on the City of Fort Worth s Internet web site on the 21st day of November 2008 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 1 AX 08 009 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 1 5 acres of land (0 002 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 in the present City Limits at a southeast corner of said Ordinance Number 8612 being the most south southwest corner of said Adams Tract a southeast corner of a tract of land out of said survey as conveyed to Chapel Creek Limited Partnership by deed recorded in Volume 11029 Page 1159 of the Deed Records of Tarrant County Texas and being in the north right of way of Chapin Road as annexed by said Ordinance Number 16691 THENCE with the present City Limits according to said Ordinance Number 8612 and the common lines of said Adams and Chapel Creek Tracts the following courses and distances North 00 degrees 54 minutes 32 seconds East 460 39 feet (called 466 7 feet in Adams deed) to an ell corner of said Adams Tract North 80 degrees 31 minutes 53 seconds West 42 6 feet (call missing in Adams deed) to the most west southwest corner of said Adams Tract 2 AX 08 009 North 02 degrees Ol minutes 37 seconds East 199 8 feet to the northwest corner of said Adams Tract South 85 degrees 59 minutes 27 seconds East 106 96 feet to the northeast corner of said Adams Tract and South 00 degrees 43 minutes 47 seconds West 659 85 feet to the southeast corner of said Adams Tract and in said north right of way THENCE with the present City Limits and said right of way North 89 degrees 47 minutes 22 seconds West 70 65 feet to the place of beginning and containing some 1 5 acres or 0 002 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 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 3 AX 08 009 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 ~ ~~ .~~- Sara Fullenwider Assistant City Attorney ADOPTED AND EFFECTIVE January 6, 2009 4 AX 08 009 5 Legend Proposed Annexation Area Fort Worth City Limits O Fort Worth ETJ P opo ed_Pr Schedule Map Refe 1st Publi He ng 12/02/08 Maps 72J 2nd Publi He ng 12/09/08 TAD Map 1994-388 Date of Institutio 01/06/09 Cu nt Full-Purpo In po ated Ara 332.29 Sq M I 8 FOR` T.,~O~ TH T c ~a7o epart 0 500 1 000 2,000 Feet ~I I IT-I I I-~ ~~ro R.~ ~~~ ~AS~s ~ E~~ No Project Case # AX-08-009 ExhibitA Addition of 1 5 Acres to become part of Council District 3 AX-08-009 10598 Chapin Road Exhibit B CITY OF FORT WORTH. TEXAS SERVICE PLAN FOR ANNEXED AREA Property Subject to Plan BEING 1 5 acres of land situated in the Cyrus K. Gleason Survey Abstract Number 559' situated about 10 5 miles South 81 degrees West of the Courthouse in Tarrant County Texas Location and Acreage Approximately 1 5 acres of land in Tarrant County located north of Chapin Road and west of Chapel Creek Boulevard County TARRANT Municipal services to the Annexation Area will be furnished by or on behalf of the City of Fort Worth Texas, at the following levels and in accordance with the following service plan programs. 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 an existing Police Reporting Area (U170) The area will be in Neighborhood Policing District 9 on Beat M15 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/rescue/firefighting, Fire protection system plan review Inspections, AX-08-009 10598 Chapin Road Exhibit B These services are provided on a citywide basis All Fort Worth firefighters are certified by the Texas Commission on Fire Protection On the date of annexation, the first responding fire services will come from Fire Station 32, located at 10201 White Settlement Road The second responding fire company will be from Fire Station 23 located at 3201 Portales Drive The Fire Department estimates the response time to be 5 3 and 6 6 minutes, respectively C Emergencv Medical Services -Basic Life Support 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 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. Emergencv Medical Services -Advanced Life Support 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 annexation For residential collections, private solid waste service providers under contract with the City will provide services Residential- customers 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. Operation and Maintenance of Water and Wastewater Facilities All other existing homes and businesses that are using water well and on-site sewer facilities (and therefore have service) can request connection to the Fort Worth system (receiving up to 200 LF of water and sewer extension at City cost for each existing homes or business) in accordance with the 'Policy for the Installation of Community Facilities Vacant properties water and sewer extensions will be installed by the Developer in accordance with the `Policy for the Installation of Community Facilities F Operation and Maintenance of Roads and Streets Including Street Liohting The following services will be provided in the Annexation Area commencing on the effective date of the 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 AX-08-009 10598 Chapin 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 of Parks Playgrounds and Swimming Pools Residents of this property may utilize all existing parks and community service facilities throughout the City beginning with the effective date of the annexation Existing parks, playgrounds, swimming pools and other recreational and community facilities within the Annexation Area that are private facilities will be unaffected by the annexation Existing parks playgrounds, swimming pools and other recreational and community facilities within this property shall upon deeding to and acceptance by the City and appropriations for maintenance and operations, be operated by the City of Fort Worth, but not otherwise. H Operation and Maintenance of Anv 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 the following library services from the Fort Worth Library commencing on the effective date of the annexation Genealogy Local History and Archival Collections Youth & Teen Services Interlibrary Loan to borrow materials from collections of 10 000 libraries Telephone, Mail and E-mail Reference Services Remote access to over 50 online databases U S Texas and City of Fort Worth documents Free computer classes for the public Large Print Books B The City will provide general municipal administration and administrative services C The Annexation Area will be included in the Transportation and Public Works Department's Storm Water Utility service area Properties 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 storm water 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 Storm Water Utility will also provide watershed development review and inspection In addition to residential solid waste collection services, the Environmental Management Department will provide the following services. Emergency spills and pollution complaints response Storm sewer discharge pollution prevention and Water quality assessments for creeks The Transportation and Public Works Department will provide information relating to flood plains AX-08-009 10598 Chapin Road Exhibit B D Enforcement of the City's code and environmental health 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 handlers, and animal control 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. 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 /2 YEARS In addition to the services listed above the City will provide full municipal services to the Annexation Area commensurate with the levels of services provided in other parts of the City except if differences in topography land use, and population density constitute a sufficient basis for providing different levels of service, no later than two and one-half (2'/z) years after the effective date of the annexation If full municipal services cannot be reasonably provided within the aforementioned time period, the City will propose a schedule for providing said services within a period of four and one-half (4-/z) 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 gas or electrical service The City shall provide the services by any of the methods by which it extends the services to any other area of the City 4 CAPITAL IMPROVEMENTS PROGRAM The 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'/z) 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--%2) years, and/or upon commencement of development of a subdivision within this property whichever occurs later Acquisition or construction shall be accomplished by purchase, lease, or other contract. Any such construction shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. A. Police Protection No capital improvements are necessary at this time to provide police protection to the Annexation Area. .Need for construction of new facilities will be assessed periodically based on population growth, predicted growth and call volume B Fire Protection Currently Fire Station 32 has a 5 3 minute response time to the Annexation Area Consideration should be given to constructing new stations and staffing new facilities prior to final decision to complete annexation C Solid Waste Collection No capital improvements are necessary at this time to provide solid waste collection services to the Annexation Area. 4 AX-08-009 10598 Chapin Road Exhibit B D Water and Wastewater As development and construction of subdivisions commence within this property the property owner in accordance with provisions of the City's Subdivision Ordinance and other applicable policies, ordinances, and regulations will extend water and sewer mains City participation in the costs of these extensions shall be in accordance with applicable City policies ordinances and regulations Such extensions, by the developer will commence within two and one- half (2 1/2) years from the effective date of the annexation ordinance Following is a summary of the Water and Wastewater Installation Policy as set out in Section III of the City's Policy for the Installation Policy of Community Facilities The developer shall cause to be constructed all water and wastewater facilities required to provide service to the development, subdivision or lot/tract. The developer shall be responsible for 100% of the cost for water and wastewater facilities designed to provide service to the proposed development. If larger facilities are required based on comprehensive study the additional incremental cost shall be borne by the City Connection to existing 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 existing mains, water will be provided at rates established by City ordinances for such service at the normal rates charged throughout the City Connections to existing City sanitary sewer mains for sanitary sewage service in the Annexation Area will be provided in accordance with existing City ordinances and policies Upon connection to existing sanitary sewer 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. No future capital improvements are required for this annexation F Storm Water Utility. No capital improvements are necessary at this time to provide drainage services G Street Lighting. It is anticipated that new subdivisions in the Annexation Area will install street lighting in accordance with the City's standard policies and procedures In other cases the City will consider installation of additional street lighting in the Annexation Area upon request, with priority given to street lighting for traffic safety Provision of street lighting will be in accordance with the City's street lighting policies, and those of the providing utility H Parks. Playgrounds and Swimming Pools Capital improvements such as parkland acquisition and development of facilities will be dictated by future land use of the area, goals established by the 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 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 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 City of Fort Worth, Texas Mayor and Council Communication COUNCfL ACTION: Approved on 1/6/2009 Ord. No. 18431.:-01 2009 e ~ , DATE Tuesday January 06 2009 REFERENCE NO PZ 2809 LOG NAME 06ADOPTAX008009 SUBJECT Institution and Adoption of Ordinance for the City-Initiated Annexation of Approximately 1 5 Acres of Land in Tarrant County Texas Located North of Chapin Road and West of Chapel Creek Boulevard RECOMMENDATION It is recommended that the City Council consider the institution and adoption of an ordinance for the City initiated annexation of approximately 1 5 acres of land in Tarrant County Texas, located north of Chapin Road and west of Chapel Creek Boulevard (AX-08-009 Area 64 10598 Chapin Road). DISCUSSION On September 30 2008 (M&C G-16298) the City Council approved the timetable for the full-purpose annexation of the above referenced property into the City of Fort Worth Public hearings concerning the annexation request were held as required by state law on December 2 2008 and December 9 2008 The institution and adoption of the attached ordinance completes the annexation process The subject property is situated within the extraterritorial jurisdiction of the City of Fort Worth generally located on Chapin Road west of Wakecrest Drive The property is entirely surrounded by the City of Fort Worth The land currently contains one residence No immediate plans for additional development are noted The fiscal impact analysis shows that the property and improvements will provide a cumulative positive impact to the General Fund beginning with the first year of annexation The Police Department has estimated an impact of $267 00 for the first year of service calls and the Transportation and Public Works Department has estimated no additional roadway maintenance costs Other General Fund services and costs have been estimated at an impact of $244 00 due to anticipated calls for service to the proposed annexation area in the first year which will be offset by revenues generated If annexed this property will become a part of COUNCIL DISTRICT 3 FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that funds are available in the current operating budget of the various City departments as appropriated in the General Fund FUND CENTERS TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS Submitted for City Manager's Office by_ Fernando Costa (6122) Originating Department Head. Susan Alanis (8180) Additional Information Contact: Beth Knight (8190) ATTACHMENTS 1 Exhbit._A___Area._64_w_zoning_&_nset_map.pdf (Public) 2 Ordinance AX-08_-009.doc (Public) 3 Serv_ce.._Plan AX_-08-009_ doc (Public)