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HomeMy WebLinkAboutOrdinance 16421-05-2005}~ ~~ ORDINANCE NO ~l~'~.~-Q~j..a,~~ AN ORDINANCE DECLARING CERTAIN FINDINGS PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH PROVIDING FOR THE ANNEXATION OF A CERTAIN 6 9 ACRES OF LAND BEING TWO TRACTS SITUATED IN THE GUADALUPE CARDINAS SURVEY ABSTRACT 214 AND THE CHARLES TYDINGS SURVEY ABSTRACT NUMBER 1276 AND BEING A PORTION OF STATE HIGHWAY NUMBER 114 RIGHT OF WAY AS SHOWN ON TEXAS DEPARTMENT OF TRANSPORTATION MAP IN FILE S A P NO 839 E DENTON COUNTY TEXAS (CASE NO AX 05 004) 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 a public hearing before the City Council of the City of .For-t 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 Chambers in the Municipal Office Building of Fort Worth Texas on the 12th day of April 2005 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 Chambers in the Municipal Office Building of Fort Worth Texas on the 19th day of April 2005 and WHEREAS notice of the first such public hearing was published in a newspaper having general circulation in the City of Fort Worth Texas and in the hereinafter described territory on the 1st day of April 2005 and posted on the City of Fort Worth s Internet web site on the 1st day of April 2005 and WHEREAS notice of the second such public hearing was published in a newspaper having general circulation in the City of Fort Worth Texas and in the hereinafter described territory on the 8th day of April 2005 and posted on the City of Fort Worth s Internet web site on the 7th day of April 2005 and WHEREAS prior to the posting and publication of th.e notices of 1 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 6 9 acres of land (0 O1 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 a ;~" iron rod found in the North right of way line of said State Highway 114 said point being the Southwest corner of the above cited Ferbro tract THENCE South 89 degrees 10 minutes 37 seconds East along the South line of said Ferbro tract for a distance of 2064 50 feet to a point for a corner at the beginning of a curve to the right THENCE in an Easterly direction along the North line of said State Highway 114 and along said curve to the left having a central angle of 11 degrees 31 minutes 02 seconds a radius of 3011 27 feet a chord bearing of South 83 degrees 30 minutes 08 seconds East a chord distance of 604 29 feet and an arc length of 605 31 feet to a ~ inch iron rod found for corner 2 THENCE South 00 degrees 16 minutes 05 seconds West along the projected East line of said Ferbro tract for a distance of 102 31 feet to a point for corner in the South right of way line of said State Highway 114 THENCE in a Westerly direction along the South right of way line of said State Highway 114 and along a non tangent curve to the left having a central angle of 11 degrees 31 minutes 03 seconds a radius of 2911 15 feet a chord bearing of North 83 degrees 30 minutes 07 seconds West a chord distance of 584 21 feet and an arc length of 585 19 feet to a point for a corner THENCE North 89 degrees 10 minutes 37 seconds West along the South right of way line of said State Highway 114 for a distance of 2063 64 feet to a point for a corner THENCE North 00 degrees 26 minutes 15 seconds East along the projected West line of the above cited Ferbro tract for a distance of 100 00 feet to POINT OF BEGINNING and containing 6 13 acres of land TRACT TWO BEGINNING at the southwest corner of a present City of Fort Worth corporate limits according to annexation Ordinance Number 13997 and in the northerly line of City of Fort Worth Ordinance Number 13888 and in the southerly right of way line of said State Highway 114 and being in a curve the center of which bears South 19 degrees 04 minutes 45 West 2814 79 feet THENCE with the southerly right of way line of state Highway 114 and northerly line of said Ordinance Number 13888 northwesterly with said curve to the left to and along the northline of that certain annexation described by Ordiance Number 14861 through a central angle of 06 degrees 30 minutes 25 seconds an arc distance of 319 67 feet (the long chord segment of which bears North 74 degrees 10 minutes 28 seconds West 319 50 feet) to the southeast corner of the proposed annexation of said Highway 114 right of way south of Rivers Edge being Annexation Case Number AX 05 004 THENCE with the east line of said of said proposed annexation North 00 degrees 06 minutes 45 seconds West 102 42 feet to its intersection with the northerly right of way line of State Highway 114 and being in a curve the center of which bears South 12 degrees 07 minutes 49 seconds West 2914 79 feet 3 THENCE with the northerly right of way line of State Highway 114 southeasterly with said curve to the right through a central angle of 06 degrees 56 minutes 56 seconds an arc distance of 353 52 feet (the long chord segment of which bears South 74 degrees 23 minutes 43 seconds East 353 30 feet) to an angle point in the west line of said present corporate limits per said Ordiance Number 13997 THENCE with said present corporate limits South 19 degrees 04 minutes 45 seconds West 100 0 feet to the place of beginning and containing some 0 773 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 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 at the public hearings 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 4 sections of this ordinance since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional phrase clause sentence paragraph or section SECTION 7 That should this ordinance for any reason be ineffective as to any part or parts of the area hereby annexed to the City of Fort Worth the ineffectiveness of this ordinance as to any such part or parts shall not affect the effectiveness of this ordinance as to the remainder of such area The City Council hereby declares it to be its purpose to annex to the City of Fort Worth every part of the area described in Section 1 of this ordinance regardless of whether any part of such described area is hereby not effectively annexed to the City Provided further that if there is included within the description of territory set out in Section 1 of this ordinance to be annexed to the City of Fort Worth any area which is presently part of and included within the limits of the City of Fort Worth or which is presently part of and included within the limits of any other city town or village or which is not within the City of Fort Worth s jurisdiction to annex the same is hereby excluded and excepted from the territory to be annexed hereby as fully as if such excluded and excepted area were expressly described herein SECTION 8 That this ordinance shall take effect upon adoption APPROVED AS TO FORM AND LEGALITY Sara Fullenwider Assistant City Attorney ADOPTED AND EFFECTIVE 5 ~ ~ p ~ ~ 5" 5 Exhibit A Annexation of 6 903 Acres Council District -2 F~OR~_ Project Case # AX-05-004 Map Legend Map References Proposed Process Schedule Fort Worth City Limits Mapsco 642 J 1st Public Hearing 04/12/05 Acre's to be Annexed - Zoning Map 48492 2nd Public Hearing 04/19/05 Current Incorporated Area 317 79 sq mi TAD Map Denton County Date of Institution 05/10/05 Page 1 of 1 AX-OS-004 CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA 04/26/2005 Property Subject to Plan Approximately 6 903 acre tract of land situated in the Guadalupe Cardinas Survey Abstract No 214 and the Charles Tydings Survey Abstract Number 1276 situated in Denton County Texas and being a portion of the existing 100 foot right-of-way for State Highway 114 Lo'catio'n and Acreage Approximately 6.903 acres of land in Denton County located west of HWY 156 (AX-05-004 State Highway 114) County DENTON 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 Anhexation 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 initially be combined with an existing Police Reporting Area (PRA) but utilizing concept plans submitted for the area we will shortly after annexation add new PRAs for the area. The area will be in Neighborhood Policing District 3 on Beat C13 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 1 responder emergency medical services Fire suppression and rescue; Hazardous materials mitigation and regulation Dive rescue; Technical rescue, Fire Safety Education, Aircraft/rescue/firefighting• AX-OS-004 Fire protection system plan review Inspections, Emergency Management Planning 04/26/2005 These services are provided on a city-wide 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 35 located at 2201 Flight Line Road 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 11.3 and 19 1 minutes, respectively 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 as Emergency Medical Technician basic level or higher All engines, trucks, and rescue units carry Automatic External Defibrillators for use with heart attack victims 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. Private solid waste service providers under contract with the City will provide services Persons 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 Private service providers at the discretion of the customer 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 There are no existing water and wastewater facilities in the Annexation Area The annexation Area is located in the Suetrak USA Co Inc. CCN at this time In order for the City to be able to provide water and wastewater service, the sewer CCN must be cancelled and the water CCN must be transferred to the City of Fort Worth Upon the cancellation and transfer of the CNNs, the City will provide water and sewer service to the Annexation Area in accordance with the `Policy for Installation of Community Facilities" F Operation and Maintenance of Roads and Streets, Including Street Lighting The following services will be provided in the Annexation Area commencing on the effective date of the annexation unless otherwise noted 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 ,AX-OS-004 04/26/2005 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 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 appropriatiohs 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 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 City-wide 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 assessmehts for creeks The Department of Engineering will provide information relating to flood plains .AX-OS-004 04/26/2005 D Enforcement of the City's code and environmental health ordinances and regulations, including but not limited to weed and brush ordinances junked and abandoned vehicle ordinances food handlers ordinances 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 G All inspection services furnished by the City of Fort Worth but not mentioned above, will be provided to the Annexation Area beginning on the effective date of the annexation 3. PROGRAM FOR PROVIDING FULL MUNICIPAL SERVICES WITHIN 2'/z YEARS In addition to the services listed above, the City will provide full municipal services to the Annexation Area commensurate with the levels of services provided in other parts of the City except if differences in topography land use and population density constitute a sufficient basis for providing different levels of service no later than two and one-half (2 '/2) years after the effective date of the annexation If full municipal services cannot be reasonably provided within the aforementioned time period the City will propose a schedule for providing said services within a period of four and one-half (4-%2) years after the effective date of the annexation and/or upon commencement of development of a subdivision within this property whichever occurs later As noted above, Suetrak, USA Co Inc currently has the Certificates of Convenience and Necessity (CCNs) to provide water and sewer service to the Annexation Area. In order for the City to be able to provide water and wastewater service, the sewer CCN must be cancelled and the water CCN must be transferred to the City of Fort Worth Upon the cancellation and transfer of the CNNs, the City will provide water and sewer service to the Annexation Area in accordance with the `Policy for Installation of Community Facilities" `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 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'/z) years after the effective date of the annexation If capital improvements necessary for providing full municipal services for the Annexation Area cannot be reasonably constructed within the aforementioned time period, the City will propose a schedule for providing said services within a period of four and one-half (4-%) 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 4 SAX-OS-004 04/26/2005 B Fire Protection Need for construction of new stations and staffing will be assessed periodically based on population growth, predicted growth travel distance and call volume in order to meet the current response time goal 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 of subdivisions commences within this property the property owner in accordance with provisions of the City's Subdivision Ordinance Policy for Installation of Community Facilities and other applicable policies, ordinances, and regulations will extend water and sewer mains City participation in the costs for oversizing these extensions shall be in accordance with applicable City policies ordinances, and regulations 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 and Streets. 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. 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 Parks, Recreation and Open Space Comprehensive 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 H 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 .~ ;AX-OS-004 04/26/2005 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 5/10/2005 Ord #16421-05-2005 DATE Tuesday May 10 2005 LOG NAME 06AX05004ADOPT REFERENCE NO PZ-2591 SUBJECT Authorization for the Institution and Approval of the Annexation of Approximately 6 9 Acres of Land in Denton County Located Approximately One Mile West of FM 156 (AX-05-004 State Highway 114) RECOMMENDATION It is recommended that the City Council institute and consider the adoption of an ordinance annexing approximately 6 9 acres of land being a portion of the State Highway 114 right-of-way about one mile west of FM 156 in Denton County DISCUSSION On March 29 2005 (M&C PZ 2576) the City Council approved the timetable for annexing the above referenced property into the City of Fort Worth Public .hearings concerning the annexation request were held as required by state law on April 12 and April 19 2005 The adoption of the ordinance completes the annexation process. The subject property is situated within the exclusive extraterritorial jurisdiction of the City of Fort Worth The northern boundary of the State Highway 114 right-of-way abuts the proposed River's Edge development and provides access to that development. OPERATIONAL IMPACT -The Police Department has estimated an impact of $6 730 due to anticipated calls for service to the proposed annexation area. LOCATION -The subject property is a portion of the State Highway 114 right-of-way and is approximately one mile west of FM 156 If annexed this property will become a part of COUNCIL DISTRICT 2 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 b~ Dale A. Fisseler (6266) Originating Department Head Bob Riley (8901) Additional Information Contact: Allison Gray (8030) Logname 06AX05004ADOPT Page 1 of 1