HomeMy WebLinkAboutOrdinance 17047-07-2006AX 06 004
ORDINANCE NO 17047-07 2006
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 28 9
ACRE TRACT OF LAND SITUATED IN THE G T WALTERS SURVEY
ABSTRACT NUMBER 1696 THE R WHITLEY SURVEY ABSTRACT NUMBER
1672 AND THE B THOMAS SURVEY ABSTRACT NUMBER 1497 TARRANT
COUNTY TEXAS (CASE NO AX-06-004) 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 28 9 acres of land (0 045 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
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AX 06 004
boundary limits of the City of Fort Worth Texas and the present
corporate boundary limits of said City at the various points
contiguous to the area hereinafter described are altered and
amended so as to include said area within the corporate limits of
the City of Fort Worth Texas to-wit
BEGINNING at the southeast corner of said Centex tract being in
the northerly right-of-way line of Haltom-Bailey-Boswell Road
and being the southwest corner of the City of Fort Worth City
Limit line as recorded in Ordinance Number 16173
THENCE N 89 55 23 W 560 21 feet along the south line of said
Centex tract and the northerly right-of-way line of said Haltom-
Bailey-Boswell Road to the southwest corner of :said Tract 2 and
being in the east line of the remainder that certain tract of
land (Boaz Estate) described by deed to DBE Realty Investments
Ltd as recorded in Volume 16417 Page 167 Deed Records
Tarrant County Texas
THENCE N 00 Ol 03 'W 1046 73 feet along the common line of the
west property line of said Centex tract and the east line of the
remainder of said DBE tract
THENCE N 89 36 54 E 155 19 feet continuing along said common
line to the beginning of a curve to the left
THENCE continuing along said common line and with said curve to
the left an arc distance of 464 22 feet through a central angle
of 56 35 29 having a radius of 470 00 feet
the long chord of which bears N 61 19 10 E 445 58 feet
THENCE N 33 Ol 27 E 427 56 feet continuing along said common
line to the beginning of a curve to the right
THENCE continuing along said common line and with said curve to
the right an arc distance of 870 05 feet through a central
angle of 56 38 52 having a radius of 880 00 feet the long
chord of which bears N 61 20 53 E 835 04 feet
THENCE N 89 40 19 E 18 33 feet continuing along said common
line
THENCE N 00 19 41 W 60 79 feet continuing along said common
line
THENCE N 13 47 10 'W 266 81 feet continuing along said common
line
THENCE N 00 19 41 'W 60 52 feet continuing along said common line
to the northwest corner of said Centex tract
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THENCE N 89 40 19 E 269 63 feet along the north line of said
Centex tract to the beginning of a non-tangent curve to the left
and being in the westerly line of the City of Fort Worth City
Limit line as recorded in Ordinance Number 14669
THENCE along said City of Fort Worth City Limit line and with
said non-tangent curve to the left an arc distance of 437 85
feet through a central angle of 25 05 12 having a radius of
1000 00 feet the long chord of which bears S 29 05 00 E 434 36
feet to the easterly property line of said Centex tract and to
the westerly line of the aforementioned City of Fort Worth City
Limit line as recorded in Ordinance Number 16173
THENCE S 89 40 19 W 306 35 feet along the common line of the
easterly property line of said Centex tract and the westerly line
of said City of Fort Worth City Limit line as recorded in
Ordinance Number 16173
THENCE S 00 19 41 E 425 00 feet continuing along said common
line
THENCE S 89 40 19 'W 363 02 feet continuing along said common
line
THENCE S 36 00 13 'W 528 50 feet continuing along said common
line
THENCE N 53 59 47 'W 155 00 feet continuing along said common
line
THENCE S 36 00 13 'W 370 00 feet continuing along said common
line
THENCE S 00 06 53 'W 159 24 feet continuing along said common
line
THENCE N 89 55 23 'W 64 30 feet continuing along said common
line
THENCE S 00 04 37 W 800 00 feet continuing along said common
line to the POINT OF BEGINNING and containing 28 943 acres 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
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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 X was made
available for inspection by and explanation to the inhabitants of
the area to be annexed and is approved and incorporated into this
ordinance for all purposes
SECTION 5
That this ordinance shall and does amend every prior ordinance
in conflict herewith but as to all other ordinances or sections of
ordinances not in direct conflict this ordinance shall be and the
same is hereby made cumulative
SECTION 6
That it is hereby declared to be the intent of the City
Council that the sections paragraphs sentences clauses and
phrases of this ordinance are severable and if any phrase clause
sentence paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction such unconstitutionality shall not affect
any of the remaining phrases clauses sentences paragraphs and
sections of this ordinance since the same would have been enacted
by the City Council without the incorporation in this ordinance of
any unconstitutional phrase clause sentence paragraph or
section
SECTION 7
That should this ordinance for any reason be ineffective as to
any part or parts of the area hereby annexed to the City of Fort
Worth the ineffectiveness of this ordinance as to any such part or
parts shall not affect the effectiveness of this ordinance as to
the remainder of such area The City Council hereby declares it to
be its purpose to annex to the City of Fort Worth every part of the
area described in Section 1 of this ordinance regardless of
whether any part of such described area is hereby not effectively
annexed to the City Provided further that if there is included
within the description of territory set out in Section 1 of this
ordinance to be annexed to the City of Fort Worth any area which is
presently part of and included within the limits of the City of
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Fort Worth or which is presently part of and included within the
limits of any other city town or village or which is not within
the City of Fort Worth s jurisdiction to annex the same is hereby
excluded and excepted from the territory to be annexed .hereby as
fully as if such excluded and excepted area were expressly
described herein
SECTION 8
That this ordinance shall take effect upon adoption
APPROVED AS TO FORM AND LEGALITY
~`'' ~,~_
Sara Full nwider Assistant City Attorney
ADOPTED AND EFFECTIVE 7uly 11 2006
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Exhibit A
Annexation of 28 9 Acres
Council District 7
FoR~~
Project Case # AX-06-004
Map Legend Map References Proposed Process Schedule
Fort Worth ETJ Mapsco 32M
Acres to be Annexed ~ Petition Granted 06/13/06
Current Incorporated Area 331.202 TAD Map 2024-440 Date of Institution 07/11/06
Page 1 of 1
AX-06-004 GT Walters Survey 07/13/2006
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Property Subject to Plan BEING a 28 9 acre tract of land situated m the G T Walters
Survey Abstract Number 1696 the R. Whitley Survey Abstract
Number 1672, and the B Thomas Survey Abstract Number 1497
Tarrant County Texas, and being a portion of that certain tract of
land (Tract 2) described by deed to Centex Homes, as recorded m
Document Number D205313583 Deed Records, Tarrant County
Texas
Location and Acreage Approximately 28 9 acres of land in Tarrant County located east of Boat
Club Road and north of Haltom Bailey Boswell Road and south of Park
Drive
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 (PRA Q205) The area will be in Neighborhood Policing District 3 on Beat C13
B Fire Protection
Fire protection services by existing personnel and equipment of the Fort Worth Fire Department,
within the limitations of available water and distances from existing fire stations, will be provided
to the Annexation Area commencing on the effective date of the annexation These services
include.
1 responder emergency medical services
Fire suppression and rescue
Hazardous materials mitigation and regulation,
Dive rescue
Technical rescue,.
Fire Safety Education
AX-06-004 GT Walters Survey 07/13/2006
Aircraft/rescue/firefig hti ng
Fire protection system plan review
Inspections,
These services are provided on a citywide basis. All Fort Worth firefighters are certified by the
Texas Commission on Fire Protection.
C Emergency Medical Services
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 at an Emergency Medical Technician level or higher All engines trucks, and rescue
units carry Automatic External Defibrillators for use with heart attack victims.
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.
E. Operation and Maintenance of Water and Wastewater Facilities
The annexation Area is located in the CCN of the City of Fort Worth The City 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 Lightinq
The following services will be provided in the Annexation Area commencing on the effective date
of the annexation unless otherwise noted.
The Transportation and Public Works Department will assume maintenance of public streets over
which the City has jurisdiction These services include emergency pavement repair and repair
maintenance of public streets on an as-needed basis. Public streets will be included in the City's
preventive maintenance program. Preventive maintenance projects are prioritized on a Citywide
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 on a citywide basis.
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 Transportation and Public Works Department 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 For major arterials and collectors the marking of streets is on an 18-month frequency All
AX-06-004 GT Walters Survey 07/i3/2006
improved intersections and roadways are striped upon improvement. All roadways are re-striped
and remarked as needed
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 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.
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 library services from the Fort Worth Public
Library commencing on the effective date of the annexation
B The City will provide general municipal administration and administrative services
C The Transportation and Public Works Department will provide drainage maintenance services in
the Annexation Area at current citywide service levels. The City will assume maintenance for all
public drainage channels within dedicated public drainage easements
The Transportation and Public Works Department will provide the following services:
Storm sewer maintenance,
Watershed development review and inspection
The Environmental Management Department will provide the following services.
Emergency spills and pollution complaints response
Storm sewer discharge pollution prevention Water quality assessments for creeks.
The Department of Engineering 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 weed and brush ordinance trash and debris, solid waste trash cart and illegal
dumping issues, junked and abandoned vehicle ordinance, the Comprehensive Zoning
Ordinance, food handlers ordinance and animal control ordinances 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
AX-06-004 GT Walters Survey 07/13/2006
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 '/) years after the effective date of the annexation If full
municipal services cannot be reasonably provided within the aforementioned time period the City will
propose a schedule for providing said services within a period of four and one-half (4-%) years after the
effective date of the annexation and/or upon commencement of development of a subdivision within this
property whichever occurs later
`Full municipal services" are services provided by the annexing municipality within its full-purpose
boundaries excluding 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 '/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-'h) 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 2.2 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 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
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AX-06-004 GT Walters Survey 07/13/2006
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 and Streets. Currently there are no roads or streets in the annexation area. No road or
street related capital improvements are necessary at this time Future extensions of roads or
streets and future installation of related facilities, such as traffic control devices, will be governed
by the City's standard policies and procedures
F Drainage Utility No capital improvements are necessary at this time to provide drainage
services.
G Street Lighting. There are currently no streetlights or signs in the annexation area. It is
anticipated that new subdivisions in the Annexation Area will install street lighting in accordance
with the City's standard policies and procedures. In other cases, the City will consider installation
of additional street lighting in the Annexation Area upon request, with priority given to street
lighting for traffic safety Provision of street lighting will be in accordance with the City's street
lighting policies, and those of the providing utility
H Parks, Playgrounds and Swimming Pools. Capital improvements such as parkland acquisition
and development of facilities will be dictated by future land use of the area, goals established by
the Park, Recreation and Open Space Master Plan and appropriation of resources Should
additional residential development occur parkland dedication neighborhood park development
and neighborhood park infrastructure or payment in lieu thereof will be required in accordance
with the Park Policy of the Subdivision Ordinance
Other Publicly Owned Facilities. Building or Services. Additional Services. In general, other City
functions and services, and the additional services described above can be provided for the
Annexation Area by using existing capital improvements. Additional capital improvements are not
necessary to provide City services.
5. IMPACT FEES
Notwithstanding any other provision of this service plan, a landowner within the Annexation Area will not
be required to fund capital improvements necessary to provide municipal services in a manner
inconsistent with Chapter 395 of the Local Government Code governing impact fees, unless otherwise
agreed to by the landowner
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 7/11/2006 Ordinance NO 17047-07 2006
DATE Tuesday July 11 2006
LOG NAME 06ADOPT 004 REFERENCE NO PZ 2686
SUBJECT
Institution and Adopt Ordinance for Voluntary Annexation of Approximately 28 943 Acres of Land in
Tarrant County Located East of Boat Club Road North of Haltom Bailey Boswell Road and South
of Park Drive (AX-06-004 The Parks at Boat Club)
RECOMMENDATION
It is recommended that the City Council institute and adopt the ordinance annexing approximately 28 943
acres of land located east of Boat Club Road north of Haltom Bailey Boswell Road and south of Park Drive
in Tarrant County (AX-06-004 The Parks at Boat Club)
DISCUSSION
Carter & Burgess representing Centex Homes has requested the voluntary full purpose annexation of
28 945 acres of land in Tarrant County This acreage is less than one-half mile in width is contiguous to the
City of Fort Worth and is vacant and without residents therefore it qualifies for annexation under the
procedures set out in the Local Government Code Section 43 028 On June 13 2006 (M&C PZ 2683)
Council granted the petition requesting this annexation The institution and adoption of the attached
ordinance will complete the voluntary annexation process
The 28 945 acres is within an enclave identified for potential city-initiated annexation in 2008 The land
currently is an agricultural use a single family residential subdivision is proposed
OPERATIONAL IMPACT -The Police Department has estimated an impact of $459 due to anticipated
calls for service to the proposed annexation area
LOCATION -The subject property is located east of Boat Club Road and north of Haltom Bailey Boswell
Road
If annexed this property will become a part of COUNCIL DISTRICT 7
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
TO Fund/Account/Centers
FROM Fund/Account/Centers
Submitted for City Manager's Office ~.
Originating Department Head.
Additional Information Contact:
Dale Fisseler (6266)
Bob Riley (8901)
Allison Gray (8030)
Logname 06ADOPT 004 Page 1 of 2