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HomeMy WebLinkAboutOrdinance 16703-11-2005AX 05 021 ORDINANCE NO j(p~D 3 ~ ~ ~S AN ORDINANCE DECLARING CERTAIN FINDINGS PROVIDING FOR THE BXTENSTON OF CERTAIN BOUNDARY LTMITS OF THE CITY OF FORT WORTH PROVIDING FOR THE ANNEXATION OF AN APPROXIMATELY 80 ACRE TRACT OF LAND SITUATED IN THE JOSE CHIRINO SURVEY ABSTRACT NUMBER 265 TARRANT COUNTY TEXAS (CASE NO AX 05 021) WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH TEXAS PROVIDING THAT THE TERRITORY ANNEXED SHALL BEAR ITS PRO RATA PART OF TAXES PROVIDING THAT THE INHABITANTS THEREOF SHALL HAVE ALL THE PRIVILEGES OF ALL THE CITIZENS OF FORT WORTH TEXAS PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT PROVIDING FOR SEVERABILITY AND NAMING AN EFFECTIVE DATE WHEREAS a public hearing before the City Council of the City of 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 05 021 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 80 acres of land (0 125 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 City of Fort Worth Ordinance Number 13249 recorded in Volume 13097 Page 320 of the said Deed Records and the most southerly south line of the tract described in the City of Fort Worth Ordinance Number 13392 recorded in Volume 13141 Page 312 of the said Deed Records THENCE South 89 with the crossing more or the City Document Degrees 59 Minutes 10 Seconds East coincident said South line of Ordinance No 13392 said Katy Road a total distance of 1 800 feet Less to the West line of the tract described in of Keller Ordinance Number 1175 recorded under Number D204149627 of the said Deed Records THENCE South O1 Degree 15 Minutes 06 Seconds West coincident with the West line of the said City of Keller Ordinance No 1175 a distance of 46 0 feet THENCE South 00 Degrees 00 Minutes 21 Seconds West coincident with the West line of Ordinance Number 1175 a distance of 1 893 1 feet to the North line or prolongation thereof of said City of Fort Worth Ordinance No 13249 2 AX 05 021 THENCE South 89 Degrees 42 Minutes 15 Seconds West coincident with said North line of said City of Fort Worth Ordinance No 13249 crossing said Katy Road a total distance of 1 806 feet more or less to a reentrant corner of said City of Fort Worth Ordinance No 13249 THENCE North 00 Degrees 11 Minutes 48 Seconds West coincident with an East line of said City of Fort Worth Ordinance No 13249 a distance of 1 948 89 feet to the PLACE OF BEGINNING and enclosing approximately 80 acres 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 3 AX 05 021 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 ,~pvQ„H b.Qr ~, ~~ 4 Exhibit A OK ET D VELV fem. ~ ~ ~ ~- i Oy ~ ~ ~ ~~ ~ `~ ~ ~ RAi SI h,IT RE~r o ~? ' BA V I E1+U w = cn ROS~"V+~OOD ~~~ ~~ ~~ ~ ~~~`~,~ ~--~, ~ ~~ ~ ~ w n~ ~ ~/ f1/t-~~-~~~ ~ ,~ BU A M r w~ =ALES ~w ~~ O CJ Y Ca ~ T• a -. ~ ~ ~ ~_ , ~ [ SPE CRE K PETIT I r'JET 4 r ~ c~n cHlr~ PIN a nr KEEL HIG' S ~~~ ~. ~,.~ ~~ Annexation of 80 Acres Council District -2 FoR~r Project Case # AX-05-021 Map Legend Map References Proposed Process Schedule Fort Worth ETJ Annexation Pro ra 8.2 1st Public Hearing 10/04/05 Acres to be Annexed Mapsco 22H, 23A 2nd Public Hearing 10/11/05 Current Incorporated Area 318.48 TAD Map 2072-464 2072-460 Date of Institution 11/08/05 Page 1 of 1 AX-OS-021 Jose Clurino Survey 10!2512005 CITY OF FORT .WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Property Subject to Plan. Approximately 80 acre tract of land situated m the Jose Chinno Survey Abstract Number 265 Tarrant County Texas Location and Acreage: Approximately 80 acres of land in Tarrant County located west of Katy Road and north of Keller Hicks Road (AX-OS-021 Jose Chinno Survey) County TARRANT Municipal ces to the Annexation Area will be furnished by on behalf of the City of Fort Worth, Texas, at the following levels and in accordance with the following vice plan programs. 1 PROGRAM FOR SERVICES TO BE PROVIDED ON THE EFFECTIVE DATE OF THE ANNEXATION The City will provide the following ervices 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 ervices in the Annexation Area ommencing on the effective date of annexation. The services will include• Normal patrols and responses to calls for ervice Handling of offense and ident reports Special units, such traffic enforcement, criminal nvestigations, narcotics law enforcement, gang suppression, and came spouse team deployment when equired. These services are provided on citywide basis. The area will be combined with an sting Police Reporting Area (PRA), 0300 The rea will be N ighborhood Policing District 3 on Beat C16. B Fire Protection Fire protection ervices will be provided by fisting personnel nd equipment of the Fort Worth Fire Deparment. These ervices will be provided based upon ilable water, road and street onditions, and distances from sting fire stations. Services will be provided to the annexation ommencing on the effective date of the annexation. These ervices clude• 1 sponder emergency medical ervices Fire suppression and Hazardous materials mitigation nd egulation, Dive cue; T clinical cue; Fire Safety Education, Aircraftlrescue/firefighting; Fire protection system plan ew• Inspections, Emergency Management Planning. These ervices re provided on itywide basis. All F rt Worth firefighters certified by the Texas Commission on Fire Protection. 1 A~-OS-021 Jose Chirino Survey 10/25!2005 On the date of annexation, the first responding fire services will come from Fire Station 37 located at 4721 Ray White Road. The second responding fire company will be from F Station 31 located at 4209 Longstraw Drive. The Fire Department estimates the esponse time to be 6.2 and 11 6 minutes, respectively C Emergency_Medical Services Emergency medical services by sting personnel nd 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 the first esponder on life threatening medical emergencies as a part of the MedStar system. All Fort Worth Fire Department personnel are certified Emergency Medical T clinician basic level higher All engines, trucks, and rescue units arty Automatic External Defibrillators for use with heart attack chins. D Solid Waste Collection Solid waste collection shall be provided to the Annexation Area in accordance with existing City rdinances and policies commencing on the effective date of the annexation. Private solid waste ce providers under ntract with the City will provide esidential services. Persons using the services of a privately owned solid waste management service provider other than the City' contracted service provider may continue to use such ervices until the econd anniversary of the annexation. Pnvate service providers at the discretion of the customer may provide solid waste ollechon services for businesses and multi-family dwelling omplexes having three more units. E. Operation and Maintenance of Water and Wastewater Facilities The annexation Area located in the CCN of the City of Fort Worth. The City will provide water and ewer service to the Annexation Area, at the developer' st, in accordance with the `Installation Policy of Community F ilities" F Operation and Maintenance of Roads and Streets, Including Street Lighting The following ervices will be provided in the Annexation Area ommencing on the effective date of the annexation, unless otherwise noted. The Transportation and Public W rks Department will assume maintenance of public streets over which the City has jurisdiction. These ervices include emergency pavement epair and epair maintenance of public streets on an -needed basis. Public streets will be included in the City's preventive maintenance program. Preventive maintenance projects prioritized Citywide basis and cheduled based on iety of factors, including surface bndition, ide ability age, traffic olume, functional class, and ilable funding. Any necessary ehabilitation econstruction will be considered and prioritized on a citywide basis. Streetlights installed on improved public streets shall be maintained by the City of Fort Worth in ccordance with current City policies. Other street lighting shall not be maintained by the City of Fort Worth. The T ansportation and Public W rks Department will also provide egulatory signage ervices in the Annexation Area. T affic ignal, stop, nd all other egulatory studies nducted in conjunction with growth of traffic olumes. All egulatory igns and signals installed when warranted following engineering study Faded, andalized, missing signs eplaced eded. `CALL BACK" service provided 24 hours day 365 days year for emergency ign epair F major arterials and collectors, the marking of streets on an 18-month frequency All improved intersections and adways striped upon improvement. All roadways are re-striped nd emarked as eded. G Operation and Maintenance of Parks, Playgrounds, and Swimming Pools AX=05-021 Jose Chirino Survey 10/25/2005 Residents of this property may utilize all existing parks and ommunity service facilities throughout the City beginning with the effective date of the annexation. Existing parks, playgrounds, swimming pools and other ecreational and community facilities within the Annexation Area that 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 Maintenance of Any Other Publicly Owned Facility Building or Service. In the ent the City cquires any other facilities, buildings services necessary for municipal ervices located in the Annexation Area, the appropriate City department will provide maintenance services. 2. PROGRAM FOR PROVIDING ADDITIONAL SERVICES In addition to the ervices identified above, the following ervices will be provided in the Annexation Area the effective date of the annexation, unless otherwise oted. A. The residents of the Annexation Area will library services from the Fort Worth Public Library commencing on the effective date of the annexation. B The City will provide general municipal admimstrahon nd administrative services. C. The T ansportation and Public W rks Department will provide drainage maintenance services in the Annexation Area at current itywide ervice levels. The City will assume maintenance for all public drainage channels within dedicated public drainage ements. The Transportation and Public W rks Department will provide the following Storm sewer maintenance; Watershed development ew nd inspection. The Environmental Management Department will provide the following services. Emergency spills and pollution omplaint response; Storm sewer discharge pollution prevention Water quality assessments for creeks. The Department of Engineering will provide nformation elating to flood plains. D Enforcement of the City's code and vironmental health rdinances and egulations, ncluding but not limited to weed and brush rdinances, junked and abandoned ehicle rdinances, food handlers rdinances nd animal control rdinances, will be provided within the Annexation Area the effective date of the annexation. Complaints of rdinance egulation olations within the will be swered nd investigated by sting personnel within the appropriate department beginning the effective date of the annexation. E. The City's building, plumbing, mechanical, electrical, and all other onstruction codes will be enforced within the Annexation Area beginning with the effective date of the annexation. F The City's zoning, subdivision, ign, manufactured housing, junk yard and other rdinances shall be enforced in the Annexation Area beginning on the effective date of the annexation. G All inspection ervices 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 WITHIN 2-% YEARS AX-OS=021 Jose Chirino Survey 10l2Sl200S addition to the services listed above, the City will provide full municipal services to the Annexation Area ommensurate with the levels of services provided in other parts of the City ept if differences in topography land use, and population density constitute a ufficient basis for providing different levels of service, no later than two and one-half (2 ''/z) years after the effective date of the annexation. If full municipal ces cannot be reasonably provided within the aforementioned time period, the City will propose schedule for providing id ervices within period of four and one-half (4-''/z) years after the effective date of the annexation, and/or upon commencement of development of subdivision within this property whichever curs later `Full municipal services" re services provided by the annexing municipality within its full-purpose boundaries excluding gas electrical service. The City shall provide the services by any of the methods by which it extends the services to any other ea of the City 4. CAPITAL IMPROVEMENTS PROGRAM The City will initiate acquisition 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 -half (2 ''/z) years after the effective date of the annexation. If capital improvements necessary for providing full municipal ervices for the Annexation Area cannot be reasonably constructed within the aforementioned time period, the City will propose schedule for providing said ervices within period of four and ne-half (4-''/z) years, and/or upon commencement of development of a ubdivision within this property whichever occurs later Acquisition or construction shall be accomplished by purchase, lease, other contract. Any uch construction shall be complished 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 re necessary at this time to provide police protection to the Annexation Area. Need for onstruction of new facilities will be ssessed periodically based on population growth, predicted growth, and call volume. B Fire Protection. No capital improvements are necessary at this time to provide fire protection to the Annexation Area. Need for construction of new facilities will be ssessed periodically based on population growth, predicted growth, all volume and sponse time. C. Solid Waste Collection. No capital improvements necessary at this time to provide olid waste collection services to the Annexation Area. D Water and Wastewater. As development of subdivisions commences within this property the property owner in accordance with provisions of the City's Subdivision Ordinance, Policy for Installation of Community Facilities and other applicable policies, rdinances, and egulations will extend water and sewer mains. City participation in the sts for sizing these extensions shall be in ccordance with applicable City policies, rdinances, and regulations. Following is summary of the Water and Wastewater Installation Policy as et ut in Section III of the City' Policy for the `Installation Policy of Community F ilities" The developer shall ause to be onstructed all water and wastewater facilities equired to provide ervice to the development, subdivision, lotltract. The developer shall be esponsible for 100% of the st for water and wastewater facilities designed to provide ervice to the proposed development. If larger facilities required based on comprehensive study the additional incremental st shall be borne by the City Connection to sting City water mains for domestic water service to erne esidential, ommercial, and industrial es within the Annexation Area will be provided m accordance with fisting City rdinances and policies. Upon connection to sting mains, water will be provided at ates stablished by City rdinances for ch ervice at the normal ates charged throughout the City AX-05-021 Jose Chirino Survey 10/25/2005 Connections to existing City sanitary ewer mains for sanitary sewage service in the Annexation Area will be provided in accordance with fisting City ordinances and policies. Upon onnection, to existing sanitary sewer mains, anitary ewage service will be provided at ates stablished by City ordmances for such service at the normal ates. E. Roads and Streets. Future xtensions of roads streets and future installation of related facilities, such as traffic ontrol devices, will be governed by the City's standard policies and procedures. F Drainage Utility. No capital improvements re necessary at this time to provide drainage services. G Street Lighting, It is anticipated that new subdivisions in the Annexation Area will install street fighting in accordance with the City's standard policies nd procedures. In other cases, the City will consider installation of additional street lighting in the Annexation Area upon equest, with priority given to street lighting for traffic safety Provision of street lighting will be in ccordance with the City's street lighting policies, and those of the providing utility H. Parks, Playgrounds, and Swimming Pools. Capital improvements such as parkland acquisition and development of facilities will be dictated by future land use of the rea, goals established by the Parks, Recreation and Open Space Master 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 equ~red in accordance with the Park Policy of the Subdivision Ordinance. I. Other Publicly Owned Facilities, Building or Services. Additional Services. In general, other City functions and ervices, and the additional described above an be provided for the Annexation Area by using sting capital improvements. Additional apital improvements 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 equired to fund capital improvements necessary to provide municipal ervices in a manner inconsistent with Chapter 395 of the Local Government Code governing impact fees, unless otherwise agreed to by the landowner City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION Approved on 11/8/2005 Ordinance No 16703-11 2005 DATE Tuesday November 08 2005 LOG NAME 06ADOPT021 REFERENCE NO PZ 2647 SUBJECT Institute and Adopt Ordinance for the City Initiated Annexation of Approximately 80 Acres of Land in Tarrant County Located West of Katy Road and North of Keller Hicks Road (AX-05-021 Jose Chirino Survey) RECOMMENDATION It is recommended that the City Council institute and adopt an ordinance annexing approximately 80 acres of land located west of Katy Road and north of Keller Hicks Road in Tarrant 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 80 acre tract is surrounded by the City of Fort Worth on its north west and southern boundaries. The property currently has industrial and residential uses on it. These uses will remain OPERATIONAL IMPACT -The Police Department estimates a first year cost of $1 020 00 to serve this area LOCATION -The subject property is located west of Katy Road and north of Keller Hicks Road 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/AccountlCenters FROM Fund/AccountlCenters Submitted for City Manager's Office ~ Dale Fisseler (6140) Originating Department Head Bob Riley (8901) Additional Information Contact: Allison Gray (8030) Logname 06ADOPT021 Page 1 of 1