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HomeMy WebLinkAboutOrdinance 18414-12-2008AX 05 023 ORDINANCE NO 18414-12-2008 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 534 4 ACRE TRACT OF LAND SITUATED IN THE JOSE CHIRINO SURVEY ABSTRACT NUMBER 265 THE R F ALLEN SURVEY ABSTRACT 29 AND THE J J ROBERTS SURVEY ABSTRACT 1305 SITUATED ABOUT 13 7 MILES NORTH 77 DEGREES EAST OF THE COURTHOUSE TARRANT COUNTY TEXAS (CASE NO AX-05-023) 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 Fort Worth City Council approved Resolution 3298-12- 2005 adding the territory hereinafter described to the City of Fort Worth s Annexation Plan on the 22nd day of February 2005 in accordance with Section 43 052 of the Texas Local Government Code and 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 26th day of September 2006 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 3rd day of October 2006 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 and posted on the City of Fort Worth s Internet web site on the 15th day of September 2006 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 and posted on the 1 AX 05 023 City of Fort Worth s Internet web site on the 22nd day of October 2006 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 534 4 acres of land (0 835 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 Tract One BEGINNING at the northeast corner of the tract described in City of Fort Worth Ordinance Number 13392 recorded in Volume 13141 Page 312 of the Deed Records of Tarrant County Texas on the west line of the tract described in City of Keller Ordinance Number 1175 recorded under Document Number D204149627 of the said Deed Records THENCE North 90 Degrees 00 Minutes 00 Seconds West coincident with the North line of said Ordinance Number 13392 a 2 AX 05 023 distance of 4 471 98 feet to a salient corner of said Ordinance Number 13392 THENCE South 00 Degrees 00 Minutes 00 Seconds West coincident with the West line of Ordinance Number 13392 a distance of 1 000 90 feet to a salient corner of Ordinance Number 13392 being on the North line of the tract described in City of Fort Worth Ordinance Number 13249 recorded in Volume 13097 Page 320 of the said Deed Records THENCE South 89 Degrees 57 Minutes 10 Seconds West coincident with the North line of said Ordinance Number 13249 a distance of 2 480 81 feet to a reentrant corner of Ordinance Number 13249 THENCE North 00 Degrees 02 Minutes 53 Seconds East coincident with an East line of Ordinance Number 13249 a distance of 1 234 89 feet to the South line of the tract described in City of Fort Worth Ordinance Number 14808 THENCE East coincident with the South line of said Ordinance Number 14808 a distance of 888 feet more or less to a salient corner of Ordinance Number 14808 THENCE North coincident with the East line of Ordinance Number 14808 a distance of 1 227 78 feet to a reentrant corner of Ordinance Number 14808 THENCE East coincident with the South line of Ordinance Number 14808 a distance of 703 23 feet to the Southwest corner of the tract of land Tract Three described in City of Fort Worth Ordinance Number 16469 THENCE Continuing East coincident with the South line of said Tract Three Ordinance Number 16469 a distance of 460 feet to a salient corner of Tract Three Ordinance Number 16469 THENCE North coincident with the East line of Tract Three Ordinance Number 16469 a distance of 2 450 feet more or less to a reentrant corner of Tract Three Ordinance Number 16469 THENCE East coincident with the South line of Tract Three 3 AX 05 023 Ordinance Number 16469 a distance of 555 feet to the most Northerly Southeast corner of Tract Three Ordinance Number 16469 THENCE North coincident with the East line of Tract Three Ordinance Number 16469 a distance of 25 feet to the Northeast corner of Tract Three Ordinance Number 16469 and a salient corner of the tract described in City of Fort Worth Ordinance Number 13248 recorded in Volume 13097 Page 321 of the said Deed Records THENCE North 00 Degrees 26 Minutes 24 Seconds East coincident with an East line of Ordinance Number 13248 a distance of 219 68 feet to a reentrant corner of Ordinance Number 13248 THENCE South 89 Degrees 14 Minutes 22 Seconds East coincident with a North line of Ordinance Number 13248 a distance of 198 20 feet to a reentrant corner of Ordinance Number 13248 THENCE South 00 Degrees 26 Minutes 24 Seconds West coincident with a West line of Ordinance Number 13248 a distance of 219 68 feet to a salient corner of Ordinance Number 13248 and the Northwest corner of the tract of land Tract Four described in the said City of Fort Worth Ordinance Number 16469 THENCE South coincident with the West line of Tract Four Ordinance Number 16469 a distance of 25 feet to a salient corner of Ordinance Number 16469 THENCE East coincident with the South line of Tract Four Ordinance Number 16469 a distance of 1 170 feet to the Southeast corner of Tract Four Ordinance Number 16469 being in the West line of the tract described in City of Fort Worth Ordinance Number 15681 THENCE the following 12 calls coincident with the lines of said Ordinance Number 15681 1 South 00 Degrees 22 Minutes 58 Seconds West a distance of 2 992 feet to a salient corner of Ordinance Number 15681 4 AX 05 023 2 South 89 Degrees 25 Minutes 19 Seconds East a distance of 1 642 84 feet to the beginning of a curve concave to the North having a central angle of 24 Degrees O1 Minute 52 Seconds and a radius of 1 091 00 feet 3 along said curve concave to the North an arc length of 457 59 feet (chord bearing of North 78 Degrees 33 Minutes 45 Seconds East chord distance of 454 24 feet) to the end of said curve 4 North 66 Degrees 32 Minutes 49 Seconds East a distance of 488 O1 feet to the beginning of a curve concave to the South having a central angle of 05 Degrees 58 Minutes 56 Seconds and a radius of 981 00 feet 5 along said curve concave to the South an arc length of 102 43 feet (chord bearing of North 69 Degrees 32 Minutes 17 Seconds East chord distance of 102 38 feet) to a salient corner of Ordinance Number 15681 6 North 00 Degrees 31 Minutes 40 Seconds East a distance of 240 92 feet to a reentrant corner of Ordinance Number 15681 7 North 89 Degrees 59 Minutes 38 Seconds East a distance of 133 70 feet to a salient corner of Ordinance Number 15681 8 North 57 Degrees 28 Minutes 39 Seconds East a distance of 68 29 feet to a reentrant corner of Ordinance Number 15681 9 North 71 Degrees 18 Minutes 19 Seconds East a distance of 65 39 feet to a salient corner of Ordinance Number 15681 10 North 00 Degrees 25 Minutes 30 Seconds East a distance of 1 194 58 feet to a salient corner of Ordinance Number 15681 11 North 89 Degrees 21 Minutes 32 Seconds West a distance of 1 333 51 feet to a reentrant corner of Ordinance Number 15681 12 North 00 Degrees 42 Minutes 03 Seconds East a distance of 1 160 feet to the most Southerly Southwest corner of the tract Tract Five described in the aforementioned City of Fort Worth Ordinance Number 16469 THENCE East coincident with the South line of said Tract Five 5 AX 05 023 Ordinance Number 16469 a distance of 30 feet more or less to a salient corner of the tract described in City of Fort Worth Ordinance Number 1571 THENCE the following five calls coincident with the lines of said Ordinance Number 15715 1 North 88 Degrees 52 Minutes 27 Seconds East a distance of 47 30 feet to a reentrant corner of Ordinance Number 15715 2 South O1 Degree 23 Minutes 14 Seconds West a distance of 773 82 feet to a salient corner of Ordinance Number 15715 3 South 88 Degrees 56 Minutes 44 Seconds East a distance of 305 37 feet to a salient corner of Ordinance Number 15715 4 North 00 Degrees 55 Minutes 10 Seconds East a distance of 377 11 feet to a reentrant corner of Ordinance Number 15715 5 South 89 Degrees 35 Minutes 48 Seconds East a distance of 305 54 feet to a salient corner of Ordinance Number 15715 6 North 00 Degrees 52 Minutes 30 Seconds East a distance of 837 24 feet to a reentrant corner of Ordinance Number 15715 7 South 89 Degrees 40 Minutes 24 Seconds East a distance of 639 24 feet to a salient corner of Ordinance Number 15715 on the West line of the tract described in City of Fort Worth Ordinance Number 12624 (Tract 2) THENCE the following four calls coincident with the lines of said Ordinance Number 12624 1 South Ol Degree 36 Minutes 42 Seconds West a distance of 1 176 06 feet to a salient corner of Ordinance Number 12624 2 South 89 Degrees 10 Minutes 56 Seconds East a distance of 56 80 feet to a salient corner of Ordinance Number 12624 3 North 00 Degrees 51 Minutes 04 Seconds East a distance of 1 679 15 feet to a reentrant corner of Ordinance Number 12624 4 South 88 Degrees 17 Minutes 24 Seconds East passing the most Easterly Southeast corner of Ordinance Number 6 AX 05 023 12624 at a distance of 2 074 59 feet and continuing on same bearing in all a total distance of 2 183 6 feet to the West line of the tract described in City of Keller Ordinance Number 523 recorded in Volume 9167 Page 844 of the said Deed Records said West line being the West right of way of Highway 377 THENCE Southwesterly coincident with West line of Ordinance Number 523 and the West line of the tract described in City of Keller Ordinance Number 360 recorded in Volume 7612 Page 1051 of the said Deed Records to the Northeast corner of the aforementioned City of Keller Ordinance Number 1175 THENCE South 88 Degrees 29 Minutes 43 Seconds West coincident with the North line of said Ordinance Number 1175 a distance of 109 16 feet to a salient corner of Ordinance Number 1175 THENCE South O1 Degree 15 Minutes 06 Seconds West coincident with the West line of Ordinance Number 11175 a distance of 485 6 feet more or less to the PLACE OF BEGINNING and enclosing 522 acres more or less Tract Two BEGINNING at the Northwest corner of the tract Tract Five described in City of Fort Worth Ordinance Number 16469 in an East line of the tract described in City of Fort Worth Ordinance Number 13248 recorded in Volume 13097 Page 321 of the Deed Records of Tarrant County Texas THENCE North 00 Degrees 37 Minutes 18 Seconds East coincident with the East line of said Ordinance Number 13248 a distance of 706 feet to a reentrant corner of Ordinance Number 13248 THENCE North 89 Degrees 18 Minutes 33 Seconds East coincident with the South line of Ordinance Number 13248 a distance of 599 95 to a salient corner of Ordinance Number 13248 said salient corner being common with a salient corner of the tract described in City of Fort Worth Ordinance Number 1571 7 AX OS 023 THENCE North 88 Degrees 52 Minutes 27 Seconds East coincident with the South line of said Ordinance Number 1571 a distance of 47 30 feet to a reentrant corner of Ordinance Number 15715 THENCE South Ol Degree 23 Minutes 14 Seconds West coincident with a West line of Ordinance Number 1571 a distance of 722 feet more or less to the Northeast corner of said Tract Five Ordinance Number 16469 THENCE East with the North line of Tract Five Ordinance Number 16469 a distance of 640 feet to the PLACE OF BEGINNING and enclosing 10 5 acres The two tracts contain some 533 acres of land (0 835 square miles) 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 8 AX 05 023 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 Sarah Fullenwider Assistant City Attorney ADOPTED AND EFFECTIVE December 16, 2008 9 ORDINANCE NO. 18414-12-2008 a PrOJ@Ct CC1Se ~ AX~05~~23 ExhibitA Addition of 534 Acres to become part of Council District 2 ~~~ ,,,,~ -(170)=' - Legend Fort Worth City Limits O Fort Worth ETJ Proposed Annexation Area O Adjacent City of Keller t ;~ ~ IfI l ~ J --17~/ 1 M ~~ _~ ,- _ 1 ~.f t __~ «-a~ y,~ Fo~~r Wox~rx O Poanning & Development Department 10/20/08•BK 0 5001,000 2,000 Feet „~„,~,~,¢o~,„~,~„~„sp,~a„~„~.aa,~.aEU~ ~~ ~ ~AE~~sa m s;~^ o~~E~~~~o N, ~~~ ,~Ea,r~rr~r„~„~E ~ ~TME.~~.c~wo~r. L `, 0 w i - -C ,, JENN- _ ~^ ~_~~ Q~ i i-~ - ~ Pro osed Process Schedule Ma References 1st Public Hearin 09/26/06 Ma sco SYBZ, 9S8W, 22C8D, 23A 2nd Public Hearin 10/03/06 TAD Ma 2066-464, 2066.468, Dale of Institution 12/16/08 2072-468, 2072-472 Current Full-Purpose Incorporated Are 3 32.29 Square Miles AX-OS-023 Exhibit `B" ORDINANCE NO 18414 12 2008 CITY OF FORT WORTH. TEXAS SERVICE PLAN FOR ANNEXED AREA Property Subject to Plan BEING 534 4 acres of land situated in the Jose Chirino Survey Abstract Number 265 the R. F Allen Survey Abstract Number 29 and the J J Roberts Survey Abstract Number 1305 Tarrant County Texas Location and Acreage Approximately 534 4 acres of land in Tarrant County located west of US Hwy 377and south of Westport Parkway 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 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 0310 The area will be in Neighborhood Policing District 4 on Beat D17 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 and Inspections These services are provided on a citywide basis All Fort Worth firefighters are certified by the Texas Commission on Fire Protection. AX-OS-023 Exhibit `B On the date of annexation, the first responding fire services will come from Fire Station 38 located at 13280 Park Vista Boulevard The second responding fire company will be from Fire Station 37 located at 4721 Ray White Road The Fire Department estimates the response time to be 5 6 and 7 3 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 The water mains mentioned here were transferred from the Keller water system and serve the existing residents. 2 5-inch water main in Timberland Drive, 3-inch water main in Sunset Circle, and 6-inch water main in Oak Haven Drive, Oak Leaf Trail Caylor Road West, and east of Caylor Road North. All 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 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 AX-OS-023 Exhibit `B" 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 F Operation and Maintenance of Roads 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 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 Playarounds 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 AX-OS-023 Exhibit `B" 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 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 %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-h) 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 AX-OS-023 Exhibit `B" 4. CAPITAL IMPROVEMENTS PROGRAM The City 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 /~) 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-/z) 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 38 has a 5 6 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 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. Future capital improvements at an estimated cost of $32,500 000 are required for the future construction of Keller-Haslet Road to a 3-lane collector street, Park Vista Boulevard and Timberland Boulevard as 4-lane divided arterial streets and the reconstruction of Katy Road Oak AX-OS-023 Exhibit `B" Haven Drive, Oak Leaf Trail Caylor Road North Gateway Alliance Drive, and Sunset Circle widened to local City streets. F Storm Water Utility. No critical capital improvements are necessary at this time to provide drainage services Non-critical capital improvement needs are estimated to cost $2 million to address known drainage deficiencies 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 I 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 6 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 12/16/2008 Ord. No. 18414-12 2008 DATE Tuesday December 16 2008 LOG NAME 06ADOPTAX05023 REFERENCE NO PZ 2806 SUBJECT Institution and Adoption of Ordinance for the City Initiated Annexation of Approximately 534 4 Acres of Land in Tarrant County Texas Located West of US Highway 377 and South of Westport Parkway m . ,.._ __ RECOMMENDATION It is recommended that the City Council institute and consider the adoption of an ordinance annexing approximately 534 4 acres of land in Tarrant County Texas located west of US Highway 377 and south of Westport Parkway (AX-05-023 Sunset Circle/Oak Haven Drive enclave) DISCUSSION The subject property is situated within the extraterritorial jurisdiction of the City of Fort Worth approximately one mile south of the Westport Parkway and Park Vista Boulevard intersection The property is entirely surrounded by the City of Fort Worth and the City of Keller The enclave currently contains single-family institutional and industrial uses as well as vacant land No immediate plans for development are noted The 2005-2009 Annexation Program adopted with the 2005 Comprehensive Plan identified areas for potential annexation in 2008 which were anticipated to contain more than 100 dwellings The Sunset Circle/Oak Have Drive enclave currently contains 137 dwellings. The City therefore included this enclave in the state-mandated annexation plan on December 13 2005 (M&C PZ 2652) in accordance with Section 43 052 of the Texas Local Government Code If this area is to be annexed for full-purposes the annexation must occur between December 13 2008 and January 12 2009 to comply with State law Public hearings concerning the annexation request were held as required by State law on September 26 and October 3 2006 The property owners had previously received notices during the preparation of the annexation program Staff met with the affected property owners several times over the past three years to keep them informed about the annexation process The adoption of the attached ordinance completes the annexation process The fiscal impact analysis shows that the property will provide a cumulative positive impact to the General Fund beginning with the second year of annexation Transportation and Public Works estimates the pulverization and overlay needed for Katy Road and Keller Haslet Road along with lane markings and signs will cost $500 000 00 The Police Department has estimated an impact of $25 098 00 and other general fund services have estimated an impact of $36 005 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 2. FISCAL INFORMATION/CERTIFICATION The Financial Management Services Director certifies that funds are available in the current operating Logname• 06ADOPTAX05023 Page 1 of 2 budget of the various City departments as appropriated in the General Fund TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office b~ Fernando Costa (6122) Originating Department Head. Susan Alanis (8180) Additional Information Contact: Beth Knight (8190) Logname• 06ADOPTAX05023 Page 2 of 2