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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 1 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 2 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 3 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$wtb~Lf' Fs~ ~$- 4 Exhibit A ~,, `' ~~,~~ f~ ~, -~ f ~ '~~ti ~ ,_ ~ ~~J-~2 ~ ~_~_~_„_ :; ~ ~ ~ ~~ r ~` ~~ ~.~~ . .. { i f. ~, Vii` -~ ~~-~ ,r~~, ,~ ~ `~~~, ~~ y F~~ l'' ; ~ ti i, ~ ~ `~ ~' 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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