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HomeMy WebLinkAboutOrdinance 18483-02-2009AX 09 001 ORDINANCE NO 18483-02-2009 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 6 5 ACRE TRACT OF LAND SITUATED IN THE WILLIAM THOMPSON SURVEY ABSTRACT NUMBER 1559 AND IN THE G W WALTERS SURVEY ABSTRACT 1696 SITUATED ABOUT 9 7 MILES NORTH 30 .DEGREES WEST OF THE COURTHOUSE TARRANT COUNTY TEXAS (CASE NO AX-09-001) 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 territory hereinafter described and proposed for annexation is less than one-half mile in width and WHEREAS the territory hereinafter described is vacant and without residents or on which .fewer than three registered voters reside and WHEREAS the City of Fort Worth has received a petition in writing requesting the 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 6 5 acres of land (0 011 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 1 AX 09 001 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 the most westerly southwest corner of said Ordinance Number 14456 being in the north line of the present City Limits described by said Ordinance Number 9401 and being in the east right of way of Bowmen Roberts Road THENCE with the present City Limits according to said Ordinance Number 9401 crossing said Road North 89 degrees 15 minutes 15 seconds West 60 feet to the southeast corner of said Ordinance Number 15747 and being in the west right of way of Bowmen Roberts Road THENCE with the present City Limits according to said Ordinance Number 15747 and with said west right of way North 00 degrees 12 minutes 27 seconds West at 912 43 feet pass the most east northeast corner of the present City Limits according to said Ordinance and continuing with said right of way in all 1672 43 feet to the north right of way of Bailey Boswell Road and being in the present City Limits at the southwest corner of said Ordinance 17047 THENCE continuing with the present City Limits according to said Ordinance Number 17047 and with said north right of way South 89 degrees 55 minutes 23 seconds East at 560 21 feet pass its most southerly southeast corner the southwest corner of that certain annexation described by City of Fort Worth Ordinance Number 16173 in all 2094 21 feet to its southeast corner and being in the west line of that certain annexation described by City of Fort Worth Ordinance Number 16692 THENCE continuing with the present City Limits according to said Ordinance Number 16692 crossing said Road SOUTH 100 feet to its southwest corner and being in the south right of way of Haltom Bailey Boswell Road and being in the north line of said Ordinance Number 14456 2 AX 09 001 THENCE continuing with the present City Limits according to said Ordinance Number 14456 and with said south right of way North 89 degrees 56 minutes 30 seconds West 2024 25 feet to its most northerly northwest corner THENCE continuing with the present City Limits according to said Ordinance Number 14456 and with the right of way corner clip of Haltom Bailey Boswell Road and Bowmen Roberts Road South 56 degrees 27 minutes West 11 95 feet to its most westerly northwest corner and being in the east right of way of Bowmen Roberts Road THENCE continuing with the present City Limits according to said Ordinance Number 14456 and with said east right-of-way South 00 degrees 15 minutes 50 seconds East 1592 51 feet to the place of beginning and containing some 7 acres or 0 O11 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 09 001 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 descr"ibed herein SECTION 8 That this ordinance shall take effect upon adoption AP OVED AS TO FORM AND LEGALITY Sara Ful nwider Assistant City Attorney ADOPTED AND EFFECTIVE February 17, 2009 4 AX-09-001 Bailey Boswell & Bowman Roberts Roads ROW ORDINANCE NO 18483 02 2009 CITY O_ F FORT WORTH. TEXAS SERVICE PLAN FOR ANNEXED AREA Exhibit B Property Subject to Plan BEING 6 5 acres of land situated in the William Thompson Survey Abstract Number 1559 and the G W Walters Survey Abstract Number 1696 situated about 9 7 miles North 30 degrees West of the Courthouse in Tarrant County Texas. Location and Acreage Approximately 6 5 acres of land in Tarrant County located on Bailey Boswell Road and on Bowman Roberts Road south of Park Drive 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 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 gepartment 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 included within multiple existing Police Reporting Areas, including S030 R030 and Q205 The area will be in Neighborhood Policing District 4 on Beat D12 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-09-001 Bailey Boswell & Bowman Roberts Roads ROW 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 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 3.2 and 7 5 minutes, respectively C Emergencv Medical Services -Basic Life Suooort 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 Suoport 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 Fort Worth is currently maintaining the existing 36-inch water mains located in Bailey Boswell Road and Bowman Roberts Road Fort Worth will provide water and sewer service to the Annexation Area, at the developer's cost, in accordance with the Installation Policy of Community Facilities F Operation and Maintenance of Roads and Streets Including Street Lighting 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 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 AX-09-001 Bailey Boswell & Bowman Roberts Roads ROW Exhibit B 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 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 AX-09-001 Bailey Boswell & Bowman Roberts Roads ROW Exhibit B 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-'/z 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 %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-%2) 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 40 has a 3.2 minute response time 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 collection services to the Annexation Area 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, AX-09-001 Bailey Boswell & Bowman Roberts Roads ROW Exhibit B 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. Future capital improvements at an estimated cost of $11 700 000 for the construction of Bailey Boswell Road as a 4-lane divided arterial street and Bowman Roberts Road as a 3-lane collector street. However this estimate does not include costs for right-of-way acquisition F Storm Water Utilitv. 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 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 Legend Proposed Annexation Area Fort Worth City Limits O Fort Worth ETJ Propo ed Pr Schedule Map Ref Date of Instituti 2/17/09 Maps 32L, M, Q TAD Map 2024-440 Cu nt Full-Purpo In rpo ated Ara 3 4 Sq M I FORT WORTH Q 12/ 9/0 0 500 1 000 2,000 Feet !'r~~ect Case # AX-09-001 ExhibitA ORDINANCE O 18483-02 2009 '~~~'tion ^f st Acres to become part of Council District 7