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HomeMy WebLinkAboutOrdinance 21612-01-2015 i ORDINANCE NO. 21612-01-2015 AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR FULL-PURPOSE ANNEXATION OF A CERTAIN 47.51 ACRES (0.074 SQUARE MILES) OF LAND, MORE OR LESS, OUT OF THE ALBRIGHT, ALEXANDER F. SURVEY, ABSTRACT NO. 1849, TRACT 13C, IN TARRANT COUNTY, TEXAS (CASE NO. AX-14-004) WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS 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, a notice of the availability of the Service Plan and notice of the first and second hearings were published in a newspaper of general circulation in the City of Fort Worth and in the area proposed for annexation on October 31 and November 7, 2014 and the City made the plan available to the public in the City's Planning and Development Department and on the City's Internet website; and WHEREAS, the City conducted two public hearings at which members of the public who wished to present testimony or evidence regarding the Service Plan and Full- Purpose Annexation were given the opportunity to do so, in accordance with the procedural requirements of Section 43.124 of the Local Government Code on November 11, 2014 at 7:00 p.m., on November 18, 2014, at 10:00 a.m., at the City Council Chamber; and WHEREAS, the City's population is in excess of 100,000 inhabitants; and WHEREAS, the hereinafter described territory is in the City's exclusive extraterritorial jurisdiction and is adjacent to and adjoins the City; and WHEREAS, the hereinafter described territory contains 47.51 acres (0.074 square miles) of land, more or less; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: I SECTION 1. 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, for full purposes, 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: All that certain lot, tract or parcel of land lying and situated in the A. Albright Survey, Abstract No. 1849, Tarrant County, Texas, being a portion of that certain 77.635 acres conveyed to Tarrant County Water Control and Improvement District No. I per deed recorded in Volume 2866, Page 186 of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at southeast corner of said 77.635 acre tract lying on the north line of a called 75.0' easement right-of-way to Texas Electric Service Company according to deed recorded in Volume 2037, Page 277 of the Deed Records of Tarrant County, Texas and being the southwest corner of that certain tract of land conveyed to Hartman-RPC, LLP according to the deed recorded at Instrument Number D208207491 of the Deed Records of Tarrant County, Texas, and being the southwest corner of that certain tract of land annexed by the City of Fort Worth under Ordinance Number 6118; THENCE along the common line between said easement and said 77.635 acre tract, South 89 degrees 41 minutes West 1,304.70 feet to the southwest corner of said 77.635 acre tract, being the southeast corner of the Remington Point Addition according to plat recorded in Cabinet A, Slide 8393 of the Plat Records of Tarrant County, Texas, and being the southeast corner of that certain 237.528 acres annexed by The City of Fort Worth under Ordinance Number 8846; THENCE North along the westerly line of said 77.635 acre tract, the easterly City Limit Line per said Ordinance Number 8846, at 339.69 feet passing the northeast corner of Lot 79, Block 14 of said Addition, and further 294.32 feet passing the most northeast corner of Lot 21, Block 18, Remington Point Phase II according to plat recorded in Cabinet A, Slide 6957 of the Plat Records of Tarrant County, Texas, continuing in all 1,589.86 feet to the southwest corner of that certain tract of land conveyed to Northwest Pipe Company per deed recorded in Volume 15110, Page 328 of the Deed Records of Tarrant County, Texas, THENCE along the common line between said Northwest Pipe Company tract and Tarrant County Water Control District No. I tract, North 89 degrees 59 minutes 46 seconds East, 1,304.70 feet to a point lying on the west line of Lot 1, Block 1 Longhorn Addition according to plat recorded at Instrument Number D210114281, Deed Records of Tarrant County, Texas, and being the southeast corner of said Northwest Pipe Company tract; AX-14-004 Longhorn Area Ordinance No. 21612-01-2015 Page 2 of 4 SECTION 7. 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. 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 for full purposes, 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. SECTION 8. This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Melinda Ramos, ary J. K , Assistant City Attorney City Sec ADOPTED AND EFFECTIVE: January 6, 2015 AX-14-004 Longhorn Area Ordinance No.21612-01-2015 Page 4 of 4 a • • • - • A - , 0 A . 0 � • • • • . • • • • • - • - • . • • 7 � � ,;■ �. .;� /1111\�� ��� �I j� � _ ` �;� �� /1111/1/ ���11\ i� ���r�►����� r �� �� �� "' ♦1 III •1�•• ��► w7m as"MR WINNER ■ MO mm mm MM m -� ■1■ i/11///1/11 -� � :�1�111111111�■ � , � :■ IIIIIIIIIII�� 11� ■. • .- � ■ 11111111111.111■ .. �� - `�Alltlltl ♦4ttt111111 gg _ Hill r i • s*O,�r� _ I� ► Ott tt��li� .��Y ��+ ►, fI1 It��Fillll/11► iliili►4it1 If j? ;lffitiit•• C:�'1�1111111111111p11,111�'� rk NI Illllilll_i 1 1>f l ;+' == 11111111111 111111�1s �� iltlllllilllll ��7►# � ,�r �� � Illllllllfllll� rt - 1 our ,r0 Proposed Process Sclh-edule MUT71;QMZ� -1st Public Hearing 2nd Pubhc Hearing �Mrmvylm • ... -0 AX-14-004 Longhorn Road Area Exhibit B CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Property Subject to Plan: BEING 47.51 acres of land situated in the Alexander Albright Survey, Abstract 1849; situated about 6.2 miles North 20 degrees west of the Courthouse in Tarrant County, Texas. Location and Acreage: Approximately 47.51 acres of land in Tarrant County, south of Longhorn Road, west of Main Street and north of Northwest Loop 820. County: TARRANT Municipal services to the Annexation Area will be furnished by or on behalf of the City of Fort Worth, Texas, at the following levels and in accordance with the following service plan programs: 1. PROGRAM FOR SERVICES TO BE PROVIDED ON THE EFFECTIVE DATE OF THE ANNEXATION The City will provide the following services in the Annexation Area on the effective date of the annexation, unless otherwise noted. As used in this plan, the term 'providing services'includes having services provided by any method or means by which the City may extend municipal services to any other area of the City, including the City's infrastructure extension policies and developer or property owner participation in accordance with applicable city ordinances. A. Police Protection The Fort Worth Police Department will provide protection and law enforcement services in the Annexation Area commencing on the effective date of full-purpose annexation. The services will include: Normal patrols and responses to calls for service Handling of offense and incident reports Special units, such as traffic enforcement, criminal investigations, narcotics law enforcement, gang suppression, and crime response team deployment when required. These services are provided on a citywide basis. The area will be combined with existing Police Reporting Area R020. The area will be added to Beat N33 in Zone N3 in North Division. B. Fire Protection Fire protection services will be provided by existing personnel and equipment of the Fort Worth Fire Department. These services will be provided based upon available water, road and street conditions, and distances from existing fire stations. Services will be provided to the annexation area commencing on the effective date of the full-purpose 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. On the date of annexation, the first responding fire services will come from Fire Station 25, located at 3801 North Main Street. The second responding fire company 1 AX-14-004 Lor»horn Road Area Exhibit B will be from Fire Station 12, located at 120 Northwest 22nd Street.The Fire Department estimates the response time to be 5.8 minutes and 8.4 minutes, respectively. C. Emergency 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 full-purpose annexation. The Fort Worth Fire Department serves as the first responder on life threatening medical emergencies as a part of the MedStar system. All Fort Worth Fire Department personnel are certified as Emergency Medical Technician basic level or higher. All engines, trucks, and rescue units carry Automated External Defibrillators for use with victims who are in cardiac arrest. Emergency Medical Services—Advanced Life Support Advanced Life Support response provided by MedStar is greater than 9 minutes to the full-purpose annexation area with a potential of at least a 30-minute transport time to the nearest trauma center. D. Solid Waste Collection Solid waste collection shall be provided to the Annexation Area in accordance with existing City ordinances and policies commencing on the effective date of the full-purpose annexation. For residential collections, private solid waste service providers under contract with the City will provide services. Residential 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 Existing occupied homes that are using water well and on-site sewer facilities(and therefore have service) may continue to use the existing water well and on-site sewer facilities. If the existing property owner would like to connect to the City water and sewer system, then the property owner may request connection and receive up to 200 LF of water and sewer extension at City cost for each occupied property lot or tract in accordance with the"Policy for the Installation of Community Facilities"and as consistent with the Texas Local Government Code. Upon connection to the City's water and sanitary sewer mains,water and sanitary sewage service will be provided at rates established by City ordinances for such service at the normal rates charged throughout the City. F. 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 full-purpose annexation, unless otherwise noted. These services include emergency pavement repair and repair maintenance of public streets on an as-needed basis. Preventive maintenance projects are prioritized on a region-wide basis and scheduled based on a variety of factors, including surface condition, ride ability, age,traffic volume, functional class, and available funding. Any necessary rehabilitation or reconstruction will be considered and prioritized by the City. 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. 2 AX-14-004 Longhorn Road Area Exhibit B 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 full-purpose annexation. Existing parks, playgrounds, swimming pools and other recreational and community facilities within the Annexation Area that are private facilities will be unaffected by the annexation. Existing parks, playgrounds, swimming pools and other recreational and community facilities within this property shall, upon deeding to and acceptance by the City and appropriations for maintenance and operations be operated by the City of Fort Worth, but not otherwise. H. Operation and Maintenance of Any Other Publicly Owned Facility Building or Service. In the event the City acquires any other facilities, buildings or services necessary for municipal services located in the Annexation Area, the appropriate City department will provide maintenance services upon the effective date of the full-purpose annexation. 2. PROGRAM FOR PROVIDING ADDITIONAL SERVICES In addition to the services identified above, the following services will be provided in the Annexation Area on the effective date of the full-purpose annexation, unless otherwise noted: A. With a Fort Worth library card, residents can access the Library's online resources which include ebooks, a-audio and reference databases from home and borrow materials from any Fort Worth Library branch and our MetrOPAC partners and from participating TexShare libraries. B. The City will provide general municipal administration and administrative services. C. The Annexation Area will be included in the Transportation and Public Works Department's Stormwater 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 stormwater management services, including routine maintenance (at current citywide service levels)for all public drainage channels and for all public storm sewers within dedicated public drainage easements. The Stormwater Utility will also provide floodplain management and information regarding flood plains, as well as watershed development review and inspection. D. City codes, consumer health, and animal care and control ordinances and regulations, that include but not limited to: high weeds and grass, trash and debris, solid waste, trash carts and illegal dumping,junked and abandoned vehicles, zoning, food, daycare, public pool and spa inspections, stray animals, cruelty and bite investigations will be enforced. Complaints of ordinance or regulation violations within the area will be answered and investigated by existing personnel within the appropriate Code Compliance Division beginning on the effective date of the annexation. E. The City's building, plumbing, mechanical, electrical, and all other construction codes will be enforced within the Annexation Area beginning with the effective date of the full-purpose annexation. F. The City's zoning, subdivision, sign, manufactured housing,junk yard and other ordinances shall be enforced in the Annexation Area beginning on the effective date of the full-purpose annexation. 3 AX-14-004 Longhorn Road Area Exhibit B G. All inspection services furnished by the City of Fort Worth, but not mentioned above, will be provided to the Annexation Area beginning on the effective date of the full-purpose annexation. H. The Environmental Management Division will provide the following services: Emergency spills and pollution complaints response; Storm sewer discharge pollution prevention; and Water quality assessments for creeks 3. PROGRAM FOR PROVIDING FULL MUNICIPAL SERVICES WITHIN 2-1/2 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-%) years after the effective date of the full-purpose annexation. If full municipal services cannot be reasonably provided within the aforementioned time period, the City will propose a schedule for providing said services within a period of four and one-half(4-'/) years after the effective date of the annexation, and/or upon commencement of development of a subdivision within this property, whichever occurs later. "Full municipal services" are services provided by the annexing municipality within its full-purpose boundaries, excluding 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-'/) years after the effective date of the full-purpose annexation. If capital improvements necessary for providing full municipal services for the Annexation Area cannot be reasonably constructed within the aforementioned time period, the City will propose a schedule for providing said services within a period of four and one-half(4-'/) years, and/or upon commencement of development of a subdivision within this property, whichever occurs later. Acquisition or construction shall be accomplished by purchase, lease, or other contract. Any such construction shall be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with generally accepted local engineering and architectural standards and practices. A. Police Protection. No capital improvements are necessary at this time to provide police protection to the Annexation Area. Need for construction of new facilities will be assessed periodically based on population growth, predicted growth and call volume. B. Fire Protection. Currently, Fire Station 25 has a 5.8 minute response time to the Annexation Area. No capital improvements are necessary at this time to provide fire protection to the Annexation Area. Need for construction of new facilities will be assessed periodically based on population growth, predicted growth, and call volume. C. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste collection services to the Annexation Area. D. Water and Wastewater. The property has existing water lines adjacent (8-inch, 12-inch, and 24-inch) to the property and existing sewer lines (8-inch, 10-inch, 12-inch, 18-inch and 21-inch) crossing the property. A direct connection to the existing 48"water line along south property line or to the existing 24-inch waterline along north property line is not allowed. Vacant properties' water and sewer extensions will be installed by the Developer in accordance with the"Policy for the Installation of Community Facilities". All water and wastewater facilities will be at the developer's cost and as consistent with the Texas Local Government Code. Water and sewer 4 AX-14-004 Longhorn Road Area Exhibit B line sizes will be determined based upon the water/sewer study provided by the developer's engineer. Any City participation on water and sewer facilities will be in accordance with the "Installation Policy of Community Facilities" and the Texas Local Government Code. Upon connection, to existing water and sanitary sewer mains, water and sanitary sewage service will be provided at rates established by City ordinances for such service at the normal rates charged throughout the City. E. Roads. No future capital improvements are required. 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 Dedication 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. 5 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/6/2015 - Ordinance No. 21612-01-2015 DATE: Tuesday, January 06, 2015 REFERENCE NO.: L-15738(Revised) LOG NAME: 06AX-14-004 LONGHORN ROAD (AREA 36-1) R SUBJECT: Consider Institution and Adoption of Ordinance for the City-Initiated Annexation of Approximately 47.51 Acres of Land in Tarrant County, Located South of Longhorn Road and North of Northwest Loop 820, at 5785 North Main Street, AX-14-004 (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council institute and adopt the attached ordinance annexing approximately 47.51 acres of land located at 5785 North Main Street, South of Longhorn Road and North of Northwest Loop 820 in Tarrant County, AX-14-004. DISCUSSION: This property was originally proposed as part of a larger annexation area including additional properties separately owned by the Northwest Pipe Company and the City of Fort Worth. The larger annexation area which was noticed in the public hearings included approximately 69.2 acres. However, the owner of the Northwest Pipe Company recently submitted an application for a limited-purpose annexation of approximately 21.5 acres of property. The staff has no objection and requests that consideration for full- purpose annexation only be on that property which is located at 5785 North Main Street and consists of approximately 47.51 acres. It is anticipated that the remaining property will be considered by the Council for limited purpose annexation on April 14, 2015. The property currently under consideration is situated within the extraterritorial jurisdiction of the City of Fort Worth, located at 5785 North Main Street, South of Longhorn Road and North of Northwest Loop 820. The property is entirely surrounded by the City of Fort Worth and its extraterritorial jurisdiction. The area, which covers approximately 47.51 acres, currently has railroad, infrastructure and vacant land uses. No immediate plans for additional development are noted. City Staff has submitted a corresponding zoning case. The Zoning Commission has recommended "I" Light Industrial zoning. While the annexation and zoning are related cases, approval of the annexation is not conditioned on the associated zoning also being presented for approval. The fiscal impact analysis shows that the property will not have a long-term positive impact to the General Fund, based on current land uses. The property has a full governmental tax-exemption and will not produce any tax revenue for the City. The property tax revenue is expected to remain the same as no change in ownership or use is anticipated. Based on operating costs projected from the Police, Code Compliance and Transportation and Public Works Departments, the fiscal impact shows a negative effect. Due to the enclave status of this city-initiated annexation, which is not required to have a positive fiscal impact, the area meets the City's criteria for full-purpose annexation. The City is able to provide municipal services upon annexation in accordance with State law without negatively impacting service provision within the City. Annexation of this site is consistent with the City's Logname: 06AX-14-004 LONGHORN ROAD (AREA 36-1) R Page 1 of 2 annexation policy of annexing property identified in the Comprehensive Plan as an enclave. Public hearings were held on November 11, 2014 and November 18, 2014. The adoption of the attached ordinance completes the annexation process. If annexed, this property will become part of COUNCIL DISTRICT 2, Mapsco 47H and 48E. FISCAL INFORMATION /CERTIFICATION: The fiscal impact analysis shows that the property will not have a long-term positive impact to the General Fund, based on current land uses. The property has a full governmental tax-exemption and will not produce any tax revenue for the City. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (610' ) Additional Information Contact: Leo Valencia (6942) Lognarne: 06AX-14-004 LONGHORN ROAD (AREA 36-1) R Page 2 of 2