HomeMy WebLinkAboutOrdinance 16702-11-2005AX 05 020
ORDINANCE NO ~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 AN APPROXIMATELY 5 7
ACRE TRACT OF LAND SITUATED IN THE WILLIAM BUSH SURVEY
ABSTRACT NUMBER 205 OF DENTON COUNTY TEXAS (CASE NO AX 05
020) 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 TN DIRECT
CONFLICT PROVIDING FOR SEVERABILITY AND NAMING AN EFFECTIVE
DATE
WHEREAS a 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 4th day of
October 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 11th day of October 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 23rd day
of September 2005 and posted on the City of Fort Worth s Internet
web site on the 23rd day of September 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
30th day of September 2005 and posted on the City of Fort Worth s
Internet web site on the 30th day of September 2005 and
WHEREAS prior to the posting and publication of the notices of
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
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AX 05 020
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 5 5 acres of land (0 008 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
BEGINNING at a salient corner of the tract described in the said
City of Fort Worth Ordinance Number 10357 in the south
line of said Ordinance Number 13445 said salient corner
being approximately 429 feet west of the Northeast corner
of said William Bush Survey
THENCE South 00 Degrees 36 Minutes 52 Seconds East coincident
with a west line of Ordinance Number 10357 a distance
of 646 00 feet to a reentrant corner of Ordinance
Number 10357
THENCE South 89 Degrees 23 Minutes 07 Seconds West coincident
with a south line of Ordinance Number 10357 a distance
of 375 00 feet to a reentrant corner of Ordinance
Number 10357
THENCE North 00 Degrees 36 Minutes 52 Seconds West coincident
with an east line of Ordinance Number 10357 a distance
of 652 16 feet to a salient corner of Ordinance Number
10357 in the south line of Ordinance Number 13445
THENCE South 89 Degrees 39 Minutes 44 Seconds East coincident
with the said south line of Ordinance Number 13445 a
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AX 05 020
distance of 375 05 feet to the PLACE OF BEGINNING and
enclosing 5 5 acres of land
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
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
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AX 05 020
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
C/~~i
Sara Fullenwider Assistant City Attorney
ADOPTED AND EFFECTIVE ~pU$wtb~Lf' Fs~ ~$-
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Exhibit A
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Annexation of 5 5 Acres
Council District -2
FoR..~''~'~_
Project Case # AX-05-020
Map Legend Map References Proposed Process Schedule
Fort Worth ETJ Annexation
Pro ra
5
1st Public Hearing
10/04/05
Acres to be Annexed Mapsco 8B 2nd Public Hearing 10/11/05
Current Incorporated Area 318.48 Date of Institution 11/08/05
Page 1 of 1
AX-os-o2o
Property Subject to Plan
Location and Acreage:
County
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
09/21/200s
Approxunately 5 5 acre tract of land situated in the William Bush
Survey Abstract Number 20s Denton County Texas
Approximately 5.5 acres of land in Denton County located south of Old
Denton Road, north of Henrietta Creek (AX-OS-020 William Bush
Survey)
DENTON
Municipal ervices to the Annexation Area will be furnished by on behalf of the City of F rt Worth, T at the
following levels and m rdance with the following ervice plan programs
1. PROGRAM FOR SERVICES TO BE PROVIDED ON THE EFFECTIVE DATE OF THE
ANNEXATION
The City will provide the following ervices m the Annexation Area the effective date of the annexation, unless
otherwise oted.
A.
B
Police Protection
The F rt Worth Police Department will provide protection and law nforcement the Annexation
Area ommencmg the effective date of annexation. The ervices will clude
Normal patrols and sponses to alls for rvice
Handling of offense rid incident eports
Special its, ch traffic enforcement, runinal investigations, otics law enforcement,
gang uppression, rid ime sponse team deployment when equired.
These ervices provided on itywide basis. The will be ombined wide sting Police Reporting
Area (PRA) 0300 The ill be m Neighborhood Pohang District 3 Beat C 16
Fire Protection
Fire protection ervices will be provided by sting personnel rid equipment of the Fort Worth Fire
Department. These ervices will be provided based upon ilable water, ad rid street nditions, rid
distances from sting fire stations. Services will be provided to the annexation ommencmg the
effective date of the annexation. These ervices include:
1 sponder emergency medical ervices
F uppression and
Hazardous materials mitigation and egulation;
Dive
T clinical
Fire Safety Education;
Aircraft/rescue/firefighting;
F protection system plan ew•
Inspections;
Emergency Management Planning.
These ervices provided itywide basis. All Fort Worth firefighters certified by the T
Commission F' Protection.
1
AX-OS-020
09/21/2005
On the date of annexation, the first sponding fire will ome from F' Station 35 located at 2201
Flight Lme Road. The and spondmg fire ompany will be from F' Station 37 located at 4721 Ray
White Road. The Fire Department shmates the sponse time to be 5 7 nd12.24 minutes, spectrvely
C Emergency Medical Services
Emergency medical ervices by sting personnel and equipment of the Fort Worth Fire Department will
be provided to the annexation ommencing the effective date of the annexation. The Fort Worth
F Department ewes the first sponder life threatening medical emergencies part of the
MedStar system. All Fort Worth Fire Department personnel rhfied Emergency Medical
T chmcian basic level higher All ngmes, trucks, rid amts arty Automatic External
Defibrillators for with heart attack chins.
D Solid Waste Collection
Solid waste ollechon shall be provided to the Annexation Area in rdance with sting City
rdmances rid policies ommencmg the effective date of the annexation. Private ohd waste ervice
providers rider ntract with the City will provide idential Persons using the of
privately owned ohd waste management ervice provider other than the City ntracted provider
may ontmue to use ch ervices ntil the rid anniversary of the annexation.
Private ervice providers at the discretion of the customer may provide ohd waste ollechon ervices for
businesses rid multi-fariuly dwelling omplexes having three more its.
E. Operation and Maintenance of Water and Wastewater Facilities
The annexation Area located in the CCN of the City of F rt Worth. The City will provide water rid
ewer ervice to the Armexation Area, at the developer' st, in rdance with the `Installation Policy of
Commumty F ihties"
F Operation and Maintenance of Roads and Streets, Including Street Li tmg
The following ervices will be provided in the Annexation Area ommencmg on the effective date of the
annexation, unless otherwise oted.
The T sportation and Public Works Department will ume maintenance of public streets which
the City has jurisdiction. These ervices include emergency pavement epair rid epair maintenance of
public streets on -needed basis. Public streets will be cluded m the Crty preventive maintenance
program. Preventive maintenance projects pnontized on Citywide basis and cheduled based on
ety of factors, cluding surface ndrtion, nde ability age, traffic olume, functional class, rid
ilable funding. Any necessary ehabihtation struchon will be idered rid prioritized on
itywide basis.
Streetlights installed improved public streets shall be maintained by the City of Fort Worth
rdance with urrent City policies. Other street lighting shall of be maintained by the City of F rt
W nth.
The T sportation and Public Works Department will also provide egulatory ignage ervices in the
Annexation Area. T affic ignal, stop, rid all other egulatory studies nducted n~unchon with
growth of traffic olumes. All egulatory igns and ignals stalled when warranted following
engineering study Faded, ndalized, missing igns eplaced needed. `CALL BACK" ervice
provided 24 hours day 365 days year for emergency ign epau F mayor rterials rid ollectors, the
marking of streets on 18-month frequency All improved intersections rid adways striped upon
improvement. All adways striped rid emarked needed.
G Operation and Maintenance of Parks, Playgrounds, and Swimm,ngpools
AX-OS-020
09/21/2005
Residents of this property may utilize all sting parks rid ommunity facilities throughout the
City beginrimg with the effective date of the annexation. Existing parks, playgrounds, swimming pools
and other ational rid omrnunity facilities within the Annexation Area that are private facilities will
be unaffected by the annexation.
Existing parks, playgrounds, swimming pools and other ational rid ommunity facilities within this
property shall, upon deeding to rid eptance by the City rid ippropnations for maintenance rid
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 nt the City cquires ny other facilities, buildings ervices ary for municipal ervices
located in the Annexation Area, the appropriate City department will provide maintenance ervices.
2. PROGRAM FOR PROVIDING ADDITIONAL SERVICES
In addition to the ervices identified above, the following ervices will be provided the Annexation Area on the
effective date of the annexation, nless otherwise noted.
A. The idents of the Annexation Area will library from the F rt Worth Public Library
ommencing the effective date of the annexation.
B The City will provide general municipal administration rid administrative ervices.
C The T sportation and Public Works Department will provide drainage maintenance ervices m the
Annexation Area at current itywide levels. The City will some maintenance for all public
drainage channels within dedicated public drainage ements.
The T spontation rid Public W rks Department will provide the following ervices.
Storm ewer maintenance;
Watershed development ew rid inspection.
The Environmental Management Department will provide the following
Emergency spills and pollution omplaint sponse~
Storm ewer discharge pollution prevention Water quality merits for eks.
The Department of Engineering will provide information elating to flood plains.
D Enforcement of the City's ode rid onmental health rdmances rid egulations, including but not
limited to weed rid brush rdmances, dunked rid abandoned ehicle rdmances, food handlers rdmances
and animal ntrol rdmances, will be provided within the Annexation Area the effective date of the
annexation. Complaints of rdmance egulation violations witlim the will be swered rid
investigated by sting personnel within the appropriate department beginning the effective date of the
annexation.
E The City's building, plumbing, mechanical, electrical, rid all other onstruction odes will be nforced
within the Annexation Area beginning with the effective date of the annexation.
F The City's rig, ubdivision, ign, manufactured housing, dunk yard rid other rdmances shall be
nforced the Annexation Area beginning the effective date of the annexation.
G All inspection furnished by the City of Fort Worth, but not mentioned above, will be provided to
the Annexation Area beginning the effective date of the annexation.
3. PROGRAM FOR PROVIDING FULL MUNICIPAL SERVICES WITffiN 2-'/Z YEARS
In addition to the ervices listed above, the City will provide full municipal ervices to the Annexation Area
3
AX-OS-020 09/21 /2005
ommensurate with the levels of provided other parts of the City ept if differences in topography land
rid population density stitute ufficient basis for providing different levels of later than two
nd one-half (2 ''/z) years after the effective date of the annexation. If full municipal ervices annot be ably
provided within the aforementioned tune penod, the City will propose chedule for providing nd ervices within
period of four and -half (4-'h) years after the effective date of the annexation, nd/or upon ommencement of
development of ubdivision within this property whichever later
`Full municipal ervices" ervices provided by the annexing municipality within its full-purpose boundanes
cludmg gas electrical ervice. The City shall provide the ervices by ny of the methods by which rt xtends
the ervices to ny other of the City
4. CAPITAL IMPROVEMENTS PROGRAM
The City will initiate cgmsrtion struction of apital improvements ary for providing full municipal
ervices adequate to erve the Annexation Area. Any ch structnon shall be ubstantially ompleted within two
rid -half (2 %2) years after the effective date of the annexation. If apital improvements ary for providing
full municipal ervnces for the Annexation Area annot be ably strutted within the aforementioned tune
penod, the City will propose chedule for providing id ervnces within penod of four and -half (4-''/2) years,
and/or upon ommenceinent of development of iibdivision within this property whichever later
Acquisition onstruction shall be omplished by purchase, lease, other ntract. Any ch struction shall
be omplished m ntinuous process rid shall be ompleted ably possible, stent with
generally epted local ngineenng rid architectural standards and practices.
A.
B
C
Police Protection. No apital improvements necessary at thus tune to provide police protection to the
Annexation Area. Need for stiuction of ew facilities will be ed penodically based population
growth, predicted growth, rid all olume
Fire Protection. No apital improvements ary at this time to provide fire protection to the
Annexation Area. Need for stiuction of ew facilities will be ed penodically based population
growth, predicted growth, all olume rid sponse time
Solid Waste Collection. No apital improvements necessary at this tune to provide ohd waste
ollection ervices to the Annexation Area.
D Water and Wastewater. As development of ubdivisions ommences within thus property the property
owner m rdance with provisnons of the City' Subdivnsion Ordinance, Policy for Installation of
Community F ihties rid other applicable policies, rdmances, rid egulatnons will xtend water rid
ewer mains. City participation the sts for rig these xtensnons shall be in rdance with
applicable City policies, rdmances, rid egulations.
Following ummary of the Water rid Wastewater Installation Policy et ut m Section III of the
City' Policy for the `Installation Policy of Community F ilrties"
The developer shall to be strutted all water rid wastewater facilities equired to provide
ervice to the development, ubdroisnon, lot/tract. The developer shall be sponsible for 100%
of the st for water rid wastewater facilities desngned to provide ervice to the proposed
development. If larger facilities equnred based omprehensive study the additional
emental st shall be borne by the City
Connection to sting City water mains for domestic water ervice to erve idential,
ommercial, rid mdustnal within the Annexation Area will be provided rdance with
sting City rdmances rid pohcnes. Upon onnection to sting mains, water will be provided
at ates stabhshed by City rdmances for ch ervice at the oimal ates charged throughout the
City
Connections to sting City anitary ewer mains for rtary ewage rvice the Annexation Area will
be provided in rdance with sting City rdmances rid policies. Upon onnection, to sting
ax-os-o2o
09/21 /200s
amtary ewer mains, nary ewage ervice will be provided at ates stabhshed by City rdmances for
ch ervice at the ormal ates.
E Roads and Streets. Future xtensions of ads streets nd future installation of elated facilities, ch
traffic ntrol devices, will be governed by the City standard policies nd procedures.
F Drainage Utility. No aprtal improvements ary at this time to provide drainage
G Street Li tmg_ It nticipated that ew ubdrvisions m the Annexation Area will stall street lighting in
rdance with the City' standard policies nd procedures. In other the City will ider
installation of additional street lighting m the Annexation Area upon equest, with pnonty given to street
hghtmg for traffic afety Provision of street hghtmg will be rdance with the City' street hghtmg
policies, nd those of the providing utility
H. Parks. Playgrounds, and Swmumiig. Pools Capital improvements ch parkland cquisition nd
development of facilities will be dictated by future land use of the goals stabhshed by the Parks,
Recreation nd Open Space Master Plan nd appropnation of ources. Should additional idential
development cur parkland dedication, neighborhood park development nd ighborhood park
infrastructure payment lieu thereof will be equired in rdance with the Park Policy of the
Subdivision Ordinance.
Other Publicly Owned Facilities Building or Services• Additional Services In general, other City
functions nd ervices, nd the additional described above can be provided for the Annexation
Area by sing sting aptlal improvements. Additional aprtal unprovements not ary to
provide City rvices.
5. IMPACT FEES
Notwithstanding ny other provision of this ervice plan, landowner within the Annexation Area will of be
equired to fund aprtal improvements ary to provide mummpal ervices in manner niconsistent with
Chapter 39s 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 11/8/2005 Ordinance No ('6702 11 2005
DATE Tuesday November 08 2005
LOG NAME 06ADOPT020 REFERENCE NO PZ 2646
SUBJECT
Institute and Adopt Ordinance for the City-Initiated Annexation of Approximately 5 5 Acres of Land in
Denton County Located South of Old Denton Road North of Henrietta Creek (AX-05-020 William
Bush Survey)
RECOMMENDATION
It is recommended that the City Council institute and adopt an ordinance annexing approximately 5 5 acres
of land located south of Old Denton Road north of Henrietta Creek, in Denton County
DISCUSSION
On September 20 2005 (M&C PZ 2613) the City Council approved the timetable for the full purpose
annexation of the above referenced property into the City of Fort Worth Public hearings concerning the
annexation request were held as required by state law on October 4 and October 11 2005 The adoption
of the attached ordinance completes the annexation process.
The subject property is situated within the exclusive extraterritorial jurisdiction of the City of Fort Worth This
5 5 acre tract is surrounded by the City of Fort Worth The property currently has agricultural and single
family residential uses on it.
OPERATIONAL IMPACT -The Police Department estimates a first year cost of $153 00 to serve this area.
LOCATION -The subject property is located south of Old Denton Road north of Henrietta Creek, in
Denton County
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~
Originating Department Head.
Additional Information Contact:
Dale Fisseler (6140)
Bob Riley (8901)
Allison Gray (8030)
Logname 06ADOPT020 Page 1 of 1