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HomeMy WebLinkAboutOrdinance 10116 ORDINANCE NO. BOJ AN ORDINANCE DECLARING CERTAIN FINDINGS ; ADOPTING CERTAIN AMENDMENTS TO THE SERVICE PLAN (EXHIBIT X) WHICH IS ATTACHED TO AND INCORPORATED IN ORDINANCE NO. 9914 , WHICH ORDINANCE ANNEXED 5 ,619 .8 ACRES OF LAND, MORE OR LESS , TO THE BOUNDARIES OF THE CITY 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 , on September 15 , 1987 , the City Council of the City of Fort Worth , Texas , adopted Ordinance No. 9914 , which provided for the extension of the boundary limits of the City of Fort Worth by annexing 5 , 619 . 8 acres (8 . 78 square miles) of land , more or less , which territory lay adjacent to and adjoined the corporate boundary limits of Fort Worth , Texas ; and WHEREAS , Ordinance No . 9914 had attached thereto, marked Exhibit "X" and incorporated therein for all purposes incident thereto, a Service Plan providing for the extension of municipal services into the area annexed, said Service Plan having been prepared prior to publication of the notices of hearings prescribed under Section 6 of Article 970a , V.A.C .S . , and having been made available at said hearings for inspection by and explanation to the inhabitants of the area being annexed ; and WHEREAS , Section 43 . 056 , Subsection (g) , Texas Local Government Code , provides that on approval by the City Council , such a Service Plan is a contractual obligation that is not subject to repeal or amendment except that if the City Council determines at certain public hearings required by said subsection that changed conditions or subsequent occurences make the Service Plan unworkable or obsolete, the City Council may amend the Service Plan to conform to the changed conditions or subsequent occurences ; and WHEREAS , a public hearing before the City Council of the City of Fort Worth, Texas , wherein all interested persons' and the inhabitants of the area annexed by Ordinance No . 9914 were provided an opportunity to be heard on certain proposed amendments to the Service Plan adopted by Ordinance No. 9914 for such area, was held in the City Council Chambers in the Municipal Office Building of Fort Worth , Texas , on the 19th day of April , 1988 , which date was not more than forty (40) days nor less than twenty (20) days prior to institution of the proposed amendments to the Service Plan ; and WHEREAS , a second public hearing before the City Council of the City of Fort Worth , Texas , wherein all interested persons and the inhabitants of the area annexed by Ordinance No. 9914 were provided an opportunity to be heard on certain proposed amendments to the Service Plan adopted by Ordinance No. 9914 for such area, was held in the City Council Chambers in the Municipal Office Building of Fort Worth , Texas , on the 26th day of April , 1988 , which date was not more than forty (40) days nor less than twenty (20) days prior to institution of the proposed amendments to the Service Plan; and -2- 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 territory annexed by Ordinance No. 9914 , on the 7th day of April , 1988 , which date was not more than twenty (20) days nor less than ten (10) days prior to the date of such public hearing; 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 territory annexed by Ordinance No. 9914 , on the 14th day of April , 1988 , which date was not more than twenty (20) days nor less than ten (10) days prior to the date of the public hearing; and WHEREAS , prior to publication of the notices of public hearings , the proposed amendments to the Service Plan were prepared and were available for inspection by and explanation to all interested parties and the inhabitants of the area annexed by Ordinance No. 9914; and WHEREAS, the proposed amendments to the Service Plan were available at said hearings for inspection by and explanation to all interested parties and the inhabitants of the annexed area; and WHEREAS , such public hearings were called and held in the manner provided in Section 43 .052 , Texas Local Code; and WHEREAS , the City Council found and determined at such public hearings that the following changed conditions or subsequent changes have made the Service Plan adopted by Ordinance No. 9914 unworkable or obsolete : -3- 1. Basic road and interchange designs and locations have been established . 2 . The location of some roads has been changed . 3 . Additional land will be dedicated to the City for the construction of roads and interchanges . 4 . The configuration of water improvements has been changed. 5 . The amount of Federal Aviation Administration grant funds for the Fort Worth Alliance Airport has been changed . 6 . The size of the apron for the Fort Worth Alliance Airport has been increased . 7 . Additional land will be dedicated to the City for the larger apron at the Fort Worth Alliance Airport. 8 . The schedule for construction of the Fort Worth Alliance Airport has been accelerated . 9 . The schedule for development of the land around the Fort Worth Alliance Airport has been accelerated ; and WHEREAS, the City Council desires to amend the Service Plan to conform to such changed conditions or subsequent occurences by adopting the amendments set forth in Exhibit "X-l" attached hereto; and WHEREAS, the City Council finds and determines that the amended Service Plan will provide for services that are comparable to or better than those established in the Service Plan before amendment ; -4- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS : SECTION 1. That all of the declarations and findings contained in the preambles of this Ordinance are made a part hereof and shall be fully effective as a part of the ordained subject matter of this Ordinance . SECTION 2. That Ordinance No . 9914 be and is hereby amended as follows : 1. The Service Plan which is attached to Ordinance No. 9914, marked Exhibit "X" and incorporated therein for all purposes , is hereby amended as set forth in the document entitled "Proposed Addendum to Service Plan to Fort Worth Annexation Ordinance 9914" which is attached hereto, marked Exhibit "X-1" and incorporated herein for all purposes . 2 . The Service Plan for the extension of municipal services into the area annexed by Ordinance No . 9914 shall hereafter consist of Exhibit "X" which is attached to Ordinance No. 9914 , and the amendments to Exhibit "X" set forth in Exhibit "X-1" which is attached to this Ordinance . That except as hereby amended , Ordinance No. 9914 shall remain unchanged . SECTION 3 . That this ordinance shall and does amend every prior ordinance in conflict herewith , but as to all other ordinances -5- or sections of ordinances not in direct conflict , this ordinance shall be , and the same is hereby made cumulative . SECTION 4 . 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 unconstitutuional by the valid judgment or decree of any court of compentent juri,si.diction, 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 5 . That this ordinance shall be in full force and effect from and after the date of its passage on second reading as provided for in Section 35 of Chapter XXVII of the Charter of the City of Fort Worth , Texas , and it is so ordained. APPROVED AS TO FORM AND LEGALITY : Wade Adkins , City Attorney DATE:— ADOPTED: ATE:ADOPTED: �, /'I ST EFFECTIVE: -6- PROPOSED ADDENDUM TO 1;_RV10E PLAN TO FORT WORTH ANNEXATION ORDINANCE i4 1. AIRPORT DEDICATION Developer shall dedicate or cause to be dedicated to the: City the land described on Exhibit A attached hereto (the "Airport Land") when all conditions precedent (other than lana dedication) to obtaining grant funds (the "Grant Funds") from the Federal. Aviation Administration (the "FAA" ) or from any other public source to construct the runway, taxiways , and other Airport improvements (all of which improvements will be mutually agreeable to the City and Developer) have been satisfied and when the FAA, the City, and Developer have agreed on the appropriate dedication instruments . The appraised value (as approved by the FAA) of the Airport Land will satisfy the City' s required contribution as a condition to obtaining the Grant Funds . 2. AIRPOR FACILITIE A. AirDort ImvrovQmgnta The City agrees to use its best efforts to satisfy all requirements imposed by the FAA as conditions precedent to obtaining grant funds from the FAA or any other public source and to negotiate and execute a grant agreement or agreements to construct all of the Airport improvements ( including all engineering, site preparation, grading, drainage and acquisition of additional land or interests therein necessary for the construction and operation of the Airport) (collectively, the "Airport Improvements") described oil Exhibit B attached hereto. To the extent grant funds become available, the City agrees to construct the Airport Improvements in the order of prioritization shown on Exhibit B and in compliance with the location and design shown on the Airport Layout Plan attached hereto as Exhibit H. The City agrees to use its best efforts (and agrees to allow Developer to participate with and assist the City in connection therewith) to have the Airport Layout Plan and the design of .all Airport Improvements approved by all required governmental agencies ( including, but not limited to, the FAA) . The City agrees to advise Developer of any changes to the Airport Layout Plan or to the design of any of the Airport Improvements suggested or recommended by any governmental Exhibit "X-1" 1 agency arid to permit Developer to work with the City in responding to such suggestions or recommendations. B. Air Traffic Control Tower The City agrees to use its best efforts to cause an air traffic control tower to be established at the Airport and become operational as soon as possible. ,3„ AIRPORT MAIN ENTRY DRIVE AND INTERCHANGE Paragraphs H(2) (a) (iii) and H(2) (a) (iv) of the Service Plan are hereby each amended by the addition of the following: "Developer shall dedicate or cause to be dedicated to the City any of Developer ' s land required for the right of way for the Airport main entry drive (to be constructed from the south Airport access road to the right of way for I--35W) and for the Airport main entry drive interchange (to be constructed at the intersection of the Airport main entry drive and I-35W) . The City agrees to take all reasonable steps to obtain donations of any additional land that is required . The Airport main entry drive and Airport main entry drive interchange (including ramps) will be located, designed, and constructed in substantial compliance with Exhibit C attached hereto unless such design or location is shown to be infeasible based on engineering or environmental constraints identified in studies approved by the City Council of the City or by the Texas Department of Highways and Public Transportation (the "State") or unless such design or location is otherwise unacceptable to the State or the Federal Highway Administration, in either of which cases the City and Developer will revise the design or location in a mutually agreeable manner that is acceptable to the State and Federal Highway Administration. " 4 . L-35W/NAT 1BBS INTERCHANGE Paragraph H(2) (b) (i) of the Service Plan is hereby amended by the addition of the following : "Developer shall dedicate or cause to be dedicated to the City any of Developers 's land required for the right of way for the interchange to be constructed at the intersection of Nat Gibbs Road and I-35W. The City agrees to take all reasonable steps to obtain donations of any additional land that is required. This interchange (including ramps) shall be located, designed, and constructed in substantial compliance with Exhibit D attached hereto unless such design or location is shown to be infeasible based on engineering or environmental constraints 2 identified in studies approved by the City Council of the City or by the State or unless such design or location is otherwise unacceptable to the State or the Federal Highway Administration, in either of which cases the City and Developer will revise the design or location in a mutually agreeable manner that is acceptable to the State and Federal Highway Administration. " S. -35W/HILLW OD INTERCHANGE Paragraph H(2) (a) (v) of the Service Plan is hereby amended by the addition of the following : "Developer shall dedicate or cause to be dedicated ' to the City any of Developer ' s land required for the right of way for the interchange to be constructed at the intersection of Hillwood Boulevard and T-35W. The City agrees to take all reasonable steps to obtain donations of any additional land that is required. This interchange (including ramps) shall be located, designed, and constructed in substantial compliance with Exhibit E attached hereto unless such design or location is shown to be infeasible based on engineering or environmental constraints identified in studies approved by the City Council of the City or by the State or unless such design or location is otherwise unacceptable to the State or the Federal Highway Administration, in either of which cases the City and Developer will revise the design or location in a mutually agreeable manner that is acceptable to the State and Federal Highway Administration. " 6. I-35W/WALL PRICE INTERCHANGE Paragraph H(2) (b) (ii) of the Service Plan is hereby amended by the addition of the following: "Developer shall dedicate or cause to be dedicated to the City any of Developer ' s land required for the right of way for the interchange to be constructed at the intersection of Wall Pride Road and 1-35W. The City agrees to take all reasonable steps to obtain donations of any additional land that is required. This interchange (including ramps) shall be located, designed, and constructed in substantial compliance with Exhibit F attached hereto unless such design or location is shown to be infeasible based on engineering or environmental constraints identified in studies approved by the City Council of the City or by the State or unless such design or location is otherwise unacceptable to the State or the federal. Highway Administration, in either of which cases the City and Developer will revise the design or location in a mutually agreeable manner that is acceptable to the State and Federal Highway Administration. " 3 7. OTHER AD IMPROVEMENTS Paragraph H(2) (c) of the Service Plan is hereby amended by the addition of the following : "The City agrees to participate (in accordance with standard City policy and guidelines) in the costs of constructing Hillwood Boulevard, Nat Gibbs Road, and I-35 frontage roads adjacent to unplatted property and to pay its participation when the roads are accepted by the City. All construction will be in accordance with design and construction standards established by the City. " 3. WATER ERV I CES Exhibit D to the Service Plan is hereby replaced in its entirety by Exhibit G attached hereto. Developer agrees to commence construction, by January 1, 1992 , of that portion of the Exhibit G water improvements that will be located on Developer ' s property and that will be necessary to transport water from the western boundary of Developer ' s property adjacent to I-35W to the existing Beach Street water main. Developer shall only be obligated to commence construction if , on January 1, 1992, the Eagle Mountain facility, and lines from such facility to the western boundary of Developer ' s property adjacent to 1-35W, have been constructed by the City and are operational . 2 AIRPORT OPERATIONS The City agrees that Developer shall have a nonexclusive right, in common with others, to offer, bid, or propose to provide aviation related services and management services at the Airport . The City agrees to give Developer written notice of any request by the City for any offer, bid, or proposal to provide such services . 19 12gkiIGN�AN,D MN5TRIICTIPN Pursuant to the provisions of this Addendum and to the provisions of Paragraph A of the Service Plan, Developer will dedicate or cause to be dedicated to the City substantial amounts of land for the Airport, the North Beltway (as described in the Service Plan) , public safety facilities, interchanges, streets, roads, and drainage facilities. The 4 City agrees that all dedications by Developer are conditioned upon the right of Developer, at its expense, to upgrade the design of both public and private improvements (including landscaping) constructed on such land (the "Improvements" ) . Developer agrees that its design upgrades will incorporate. published engineering , design, and construction standards of the City. The City agrees that Developer may participate in selecting architects, engineers, and consultants who will be involved in the design and construction of the Improvements . The City further agrees that Developer may participate in developing the technical standards applicable to the selection of such architects, engineers, and consultants. The City, at its expense and with the participation of Developer, will prepare a preliminary design and a preliminary cost estimate for each of the Improvements . Developer shall have a period of 30 days after obtaining such information within which to review it . The City agrees to use its best efforts to accomplish any reasonable revisions suggested by Developer that are within the City' s overall budget constraints for the Improvements . If the City is unable to accomplish Developer ' s suggested revisions because of budget constraints, Developer shall have the right, at its expense, to revise the City' s preliminary design provided Developer agrees to reimburse the City for any increases in design and construction costs directly attributable to Developer ' s revisions. li. UTILITIES Developer may use any public right of way for the placement of utilities necessary to serve Developer ' s land. Such use shall be without charge to Developer: however, the City may impose reasonable conditions on such use. In the event Developer 's use requires relocation of existing improvements located within any public right of way, Developer will participate in the cost of such relocation in accordance with standard City policy. In addition, should a future public project necessitate the relocation of Developer ' s utilities , such relocation shall be at Developer' s expense. 1 PUBLIC IMPROVEMENT DISTRICT In the event Developer determines that a public improvement district is desirable to install and maintain landscaping and other improvements and services on the Airport and on private property in the vicinity of the Airport , the City agrees to cooperate with Developer in the formation of such a district. 5 13. TMPAgj FEES Paragraph. K(9) of the Service Plan is hereby amended by the addition of the following : "in the event impact fees are used to recover the costs of any capital improvements required to be constructed by the Service Plan or any amendment or addendum thereto, Developer shall have the option of recovering its share of the cost of such capital improvements from impact fees (to the maximum extent permitted by state law) or from any other form of capital recovery from time to time in effect . " 14 . GENERAL PRQVISI_QNS A. Conf1ic In the event of any conflict between this Addendum and the Service Plan, this Addendum shall control . B. Term The term of this Addendum shall be the same as the term of the Service Plan. C. NO n, waa.vaj Any failure of Developer or the City to exercise, or delay in exercising, any right or remedy provided in this Addendum shall not be deemed a waiver of any such right or remedy. D. sav Q rabili The invalidity or unenforceability of any provision of this Addendum shall not affect the validity or enforceability of any other provision of this Addendum. E. TransfrabiliY This Addendum shall be binding upon and inure to the benefit of Developer and the City and their respective successors, assigns, and transferees . Any obligations of the City contained in this Addendum shall bind any operator, manager, or lessee of all or any part of the Airport , and the City agrees to include such a provision in all contracts with any such operator, manager, or lessee. Any right granted to Developer by this Addendum may be assigned to and exercised by any affiliate, assignee, transferee, or successor of 6 Developer . Provided, however, as to the City's performance of the obligations in the Service Plan and Addendum, Developer acknowledges and agrees that the City is a governmental entity and because of statutory, constitutional, and City charter provisions , it cannot commit to the payment of funds for the City' s obligations described herein beyond its current fiscal year . Therefore, the obligations of the the City described herein are subject to and conditioned upon the City Council of the City appropriating for each fiscal year sufficient funds to pay for the obligations of the City to be performed during such fiscal year . F. Lis —Qf Exhibits Exhibit A: Airport Land Exhibit B: Airport Improvements Exhibit C: Airport Main Entry Drive and Interchange Exhibit D: I-35W/Nat Gibbs Interchange Exhibit E: I-35W/Hillwood Interchange Exhibit F: I-35W/Wall Price Interchange Exhibit G: Description of Water Improvements Exhibit H: Airport Layout Plan SIMKO.475 7 til � a /�'-'• f ° E A G } oil e lot I Epp SS c<roxro � � I I i , i.�. ' � r 1 $ I l r o� �� I „,�WO'OS•�,•i � I L__ r —sl bps P f Jv 4p1 � Ig o/ ! �r joh EXHIBIT A 1t I 182. s.= ter NORTH FORT WORTH AIRPORT EXHIBIT B AIRPORT IMPROVEMENTS 1 . Runway - grading 2 . Runway - paving 3 . East Taxiway - grading 4 . East Taxiway - paving 5 . West Taxiway - grading 6. Apron - grading 7. Apron - paving 8 . Site Preparation - grading 9 . Site Preparation - paving 10. Apron -- Drainage (including pollution control) 11 . Ease Drainage System 12 . Channel and Mitigation 13 . Paved Overruns 14 . Access Road (4-lane divided) 15 . Miscellaneous Navaids 16. Runway Lighting (medium intensity) 17 . Engineering/Testing 18. Land Acquisition Costs 19 . Centerline Lights 20 . Edge Lights East Taxiway "A" 21. West Taxiway Drainage (south) 22 . West Taxiway Paving (south) 23 . West Taxiway Drainage (north) 24 . West Taxiway Paving (North) 25. West Taxiway Edge Lights (south) 26 . West Taxiway Edge Lights (north) 27 . FBO Paving Allowance 28 . Paved Shoulders (runway and east taxiway) 29 . Paved Shoulders (west taxiway south) 30. Paved Shoulders (west taxiway north) 31. Apron Roads Sri sig, '.:f; y�.•\Or \ � � � � / d d d k-r„ �•r n� o � �A �4dS�k •+'' r �L ;�i •1 pf go J•', �� � ,il r rn 14 MATCH LINE STA. 16 -50 W�j Q •. � n ,yq3 ' �L � •F�1 i this S�l'`pF • �� @- ' l 1 N h1r Y m3 i 1 0. 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E on.,e.,ur aau 1 A.D era Errr.m ��„ aroshaE rhra MiMxMo,[kro. /i` -•lA7M 41V Ef Af pN uwanWlloD Onhx�wc» � aroM.of shm �� xa iEEY[ �� n TN ra .E Vruit ra—x w» er n a � t; t0 ilMrf 1 s IDOUTHERM TRACT 3 R IXGENl} EXISTM ------PROPOSED PHASE ONE To aalw Hom PORT PROPOD PHASE ONE' TO SERVE SE SEI.TVAY.MALL SME Y IL NORTHSIDE■ �A�DIFRRIIBiJ IY M ' 4�1 Thi PER®T GROUP AXHlBIT °G'; MIRTH FORT WORTH PRCPr.RTIIIS nao a Eoo xwa awe a.cr .F� F"1 �■} d 4 ;�/� '•���.. II;. •IIfA•Nl,S,rr kOAQ '. F �f ,qR � n p R a p 'S lAev a r- %,/� ;'%% N._ 1 SIIY•A" -+IkF'6^-'; i � at O $��( � C� \}/ r 7 I •O I I �� ff I � lag� @@ f E 3a , 3c7 • //1/I H R�1,.1 Y , � y � S � R r y q y ,. ! g•.' .:. i �--' ; 4 t �Y� rxl gr&��CC 1�yy7CS�ny7��r� r (.F�.p.... 1xY'M3 � �r,z 3 J S-t •4�4'� v4»€ . du i ,. D f'vxr•C•�ns^e• _3 Ii ��OSE��E� n EFRF A Wi7o�i�R� 1 Ar f 1 f r k:. �CkCRryYry F rE.Rib,�F�6r — ,;ra. .. eAxn.kl��.rrr ;' .!-3• `• i '�` X54 ®i1{(f{���� 4q '.•` QENlcry iPtprrr ._ . .:j j •-• i ` �yK1. �(�/�l..r.. � ,:� 11 `I r Y• 5 .. I a3 I 1 { i 5Y IB ri ...: 1 27 • I xr... F I � �•' I; ;ice �tr'h ,, �• E �/ �• %1, _ -— � R � _ n � 1 ,_: f i i�'•'j 1 -- -- 1 � .R' tati ',.._ ,'}}yi•-'.te�. .,r., i� i ��g� p� F�f � ' '�i "' '',�"• 1 F 6 Ev4 ------ r --------- � IN' .1 fill INTER-OFFICE C E CE TO Michael Brooks, Development DATE June 24, 1988 FROM Ruth Howard, City Secretary SUBJECT ANNEXATION ORDINANCE NO. 10116 The City Council in session dune 21, 1988, adopted Ordinance No. 10116 on second and final reading amending Ordinance No. 9914 and service plan relating to annexation of Northport Addition, Northpass Addition, Hillwood Addition. A map indicating the area annexed and a certified copy of the ordinance are attached for your information. Ruth Howard City Secretary RH:tm Attachment I