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HomeMy WebLinkAboutOrdinance 16742-12-2005AX 05 032 ORDINANCE NO l G7~1 ~ . I a-~oS AN ORDINANCE DECLARING CERTAIN FINDINGS PROVIDING FOR THE BX'I'ENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH PROVIDING FOR THE ANNEXATION OF' AN APPROXIMATELY 4 ACRE TRACT OF LAND SITUATED IN THE WILLIAM MCCOWAN SURVEY ABSTRACT NUMBER 999 TARRANT COUNTY TEXAS (CASE NO AX 05 032) WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH TEXAS PROVIDING THAT THE 'T'ERRITORY 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 WHEREP,S the hereinafter described territory lies adjacent to and adjoins the City of Fort Worth Texas and WHEREAS the hereinafter described territory contains Approximately 4 acres of land (0 006 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 1 AX 05 032 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 5/8 inch iron rod found in the east right of way line of Interstate Highway 35W at the southwest corner of said Tract '1 and being the northwest corner of that tract of land conveyed to James McBride recorded in Volume 12093 Page 2391 of said Deed Records THENCE N 00 00 16 W 156 74 feet with said east right of way to the beginning of a curve to the right THENCE continuing with said east right of way with said curve to the right through a central angle of 03 18 02 having a radius of 2844 79 feet the long chord of which bears N Ol 38 45 E 163 86 feet an arc distance of 163 88 feet THENCE S 89 41 31 E 267 87 feet departing said east right of way THENCE S 00 00 16 E 320 55 feet to the north line of aforementioned McBride tract THENCE N 89 41 31 W 272 58 feet with the north line of said McBride tract to the Point of Beginning and containing 87 120 square feet or 2 000 acres of land more or less TRACT TWO COMMENCING at a 5/8 inch iron rod found in the easterly right of way line of Interstate Highway 35W at the southwest corner of said Tract 7 and being the northwest corner of that tract of land conveyed to James McBride recorded in Volume 12093 Page 2391 of said Deed Records THENCE N 00 00 16 W 156 74 feet with said east right of way to the beginning of a curve to the right THENCE continuing with said easterly curve to the right through a c• having a radius of 2844 79 feet bears N O1 38 45 E 163 86 feet feet to the POINT OF BEGINNING to the right right of way with said antral angle of 03 18 02 the long chord of which an arc distance of 163 88 at the beginning of a curve THENCE with said curve to the right continuing with said easterly right of way through a central angle of 02 55 55 having a radius of 2844 79 feet the long chord of which bears N 04 45 43 E 145 55 feet an arc distance of 145 57 feet to the beginning of a curve to the left 2 AX 05 032 THENCE with said curve to the left continuing with said easterly right of way through a central angle of 02 02 27 having a radius of 5614 75 feet the long chord of which bears N 05 12 27 E 199 99 feet an arc distance of 200 00 feet THENCE S 89 41 31 E 237 60 feet departing said easterly right of way THENCE S 00 00 .16 E 344 38 feet THENCE N 89 41 31 W 267 87 feet to the Point of Beginning and containing 87 120 square feet or 2 000 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 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 3 AX 05 032 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 ~/~-~ ~" Sara Fullenwider Assistant City Attorney ADOPTED AND EFFECTIVE ~2C~Q.n~b.¢r ~~~~3' 4 Exhibit A ~~ HE ~,~ ~~ ~~ ~~ Annexation of 4 Acres Council District -2 FoR_ T~TH Project Case # AX-05-032 Map Legend Map References Proposed Process Schedule Fort Worth ETJ Maps 21 X Ac to be An ed Zo ng Map 48452 Cu nt In rpo ated Ar 330.57 TAD Map 2054-452 Date of Institute 12/20/05 Page 1 of 1 AX-OS-032 AII, 12/06/2005 CITY.OF FORT WORTH. TEXAS SERVICE PLAN FOR ANNEXED AREA Property Subject to Plan BEING a 4 acre tract of land situated in the William McGowan Survey Abstract Number 999 City of Fort Worth Tarrant County Texas and being a portion of that tract of land conveyed to AIL Investment, L P recorded on Volume 14315 Page 56 of Deed Records Tarrant County Texas Location and Acreage Approximately 4 acres of land in Tarrant County located east of Interstate Highway 35 and south of Heritage Trace Parkway County TARRANT Muhicipal 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 AIIINEXATION 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 0080) The area will be in Neighborhood Policing District 3 on Beat C15 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 Ai rcraft/rescu a/firefighting Fire protection system plan review Inspections AX-OS-032. AII, 12/06/2005 These services are provided on a citywide basis All Fort Worth firefighters are certified by the Texas Commission on Fire Protection C Emergercy 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 MedSfar 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 Lighting The following services will be provided in the Annexation Area commencing on the effective date of the annexation unless otherwise noted Th'e 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 Stree$ights 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 AX-OS-032 AIL 12/06/2005 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 Maintenahce of Anv Other Publicly Owned Facility Building or Service Iri 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 Watersh'e'd 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 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 AX=05-032 AIL 12/06/2005 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 commen'su"'rate 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 deeveloper 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-'/) 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 Temporary Fire Station 37 has a 5 7-minute response time to the Annexation Area Future relocation of Fire Station 37 to a permanent site may negatively impact response times to the Annexation Area Relocation site has not been identified at this time C Solid Waste Collection No capital improvements are necessary at this time to provide solid waste collection services to the Annexation Area t ._ D Water and Wastewater As development and construction of subdivision's 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 AX-OS-032 AIL 12/06/2005 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 Upoh 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 Arinezation 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 cohtrol devices will be governed liy the City's standard policie's and procedures F Drairiaae. Utility No capital improvements are necessary at this time to provide drainage services G Street.Liahtina. It is anticipated that new subdivisions in the Anhexation 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 ufility Fi Parks, Flayarountls 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 O'fher 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 Page 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 12/20/2005 Ordinance No 16742 12 2005 DATE Tuesday December 20 2005 LOG NAME 06ADOPT032 REFERENCE NO PZ 2656 SUBJECT Institution and Adoption of an Ordinance for the Voluntary Full Purpose Annexation of Approximately Four Acres of Land in Tarrant County Located East of Interstate Highway 35 and South of Heritage Trace Parkway (AX-05-032 AIL) RECOMMENDATION It is recommended that the City Council institute and consider the adoption of an ordinance annexing approximately four acres of land located east of Interstate Highway 35 and south of Heritage Trace Parkway in Tarrant County DISCUSSION Carter and Burgess, representing AIL Investment,LP has requested the voluntary full purpose annexation of four 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 or on which fewer than three registered voters reside therefore it qualifies for annexation under the procedures set out in the Local Government Code Section 43 028 The subject property is situated within the exclusive extraterritorial jurisdiction of the City of Fort Worth The four acre enclave is entirely surrounded by the City of Fort Worth The land is currently vacant. OPERATIONAL IMPACT -The Police Department has estimated an impact of $765 due to anticipated calls for service to the proposed annexation area. LOCATION -The subject property is located east of Interstate Highway 35 and south of Heritage Trace Parkway 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 by' Dale Fisseler (6140) Originating Department Head. Bob Riley (8901) Additional Information Contact: Allison Gray (8030) http.//vaww cfwnet.org/council~acket/Reports/mc~nnt.asp 12/21/2005