HomeMy WebLinkAboutOrdinance 16699-11-2005AX-05-017
ORDINANCE NO. 1 ~p(p~(q-/J-~O.S
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 39
ACRE TRACT OF LAND SITUATED IN THE J. H. CONWILL SURVEY,
ABSTRACT NUMBER 342, AND THE A. ROBERTS SURVEY, ABSTRACT
NUMBER 1262, OF 'I'ARRANT COUNTY, TEXAS (CASE NO. AX-05-017)
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
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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 39 acres of land (0.06 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 the actual southwest corner of the present City
Limits according to that certain annexation described in
Ordinance Number 9526, and being in the east line of that
certain annexation described in Ordinance Number 14047;
THENCE: with the south line of present City Limits, to and along
the north line of that certain Tract 1 described in Volume
9800, Page 791, Deed Records, Tarrant County, Texas, South
89 degrees 08 minutes 56 seconds East, at 1906.71 feet, pass
the northwest corner of that certain 20.18 acre tract
described in Volume 7228, Page 366, Deed Records Tarrant
County, Texas, in all some 2692.8 feet, to the west right-
of-way of Bowmen Roberts Road, and being in the present City
Limits, according to Ordinance Number 14451;
THENCE: continuing with the present City Limit line, and said
west right-of-way, South 00 degrees 10 minutes West, some
464.23 feet, South 03 degrees 11 minutes East, 238.25 feet,
an angle point, and South 00 degrees 18 minutes 30 seconds
West, 1470.61 feet, to the southeast corner of the right-of-
way dedication as shown on the plat of Lot 1,Block 1, Eagle
Mountain Water Treatment Plant Addition, according to plat
recorded in Cabinet A, Slide 365 Plat Records, Tarrant
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AX-05-017
County, Texas, and being in the north line of that certain
annexation described in Ordinance Number 9156;
THENCE: with the present City Limits, and said north line, North
89 degrees~ll minutes 39 seconds West, 30.23 feet, to the
southeast corner of Lot 1R, Block 1, Eagle Mountain Water
Treatment Plant Addition, and being the southeast corner of
that certain annexation described in Ordinance Number 14188;
THENCE: with the present City Limits, and the east line of said
Lot and annexation, North 00 degrees 18 minutes 30 seconds
East, 1082.61 feet, to the northeast corner of said Lot and
annexation, and being in the south line of said 20.18 acre
tract;
THENCE: with the present City Limits, the north line of said Lot,
and the south line of said tract, North 89 degrees 02
minutes 58 seconds West, some 777.4 feet, to the southwest
corner of said tract, and being the most easterly southeast
corner of that certain annexation described in Ordinance
Number 10044;
THENCE: with the present City Limits, and the west line of said
tract, North 00 degrees 52 minutes 51 seconds East, 667.48
feet, to the most easterly northeast corner of said
annexation, and being the southeast corner of said Tractl;
THENCE: with the present City Limits, and the south line of said
Tract 1, North 89 degrees 08 minutes 56 seconds West, at
1581.0 feet pass it s southwest corner, in all, 1806 feet,
to an ell corner of said annexation;
THENCE: with the present City Limits, NORTH, 30 feet to the most
northerly northeast corner of said annexation;
THENCE: with the present City Limits, WEST, 100 feet, to the
point of beginning of said annexation; and being the
southeast corner of said annexation described in Ordinance
Number 14047, and being in the west right-of-way of Boat
Club Road;
THENCE: with the present City Limits, and said west right-of-way;
North 00 degrees 06 minutes 30 seconds East, some 392.6
feet, to the place of beginning, and containing 39 acres of
land (0.06 square miles), more or less.
SECTION 2.
That the above described territory is shown on Map Exhibit "A"
which is attached hereto and expressly incorporated herein by
reference for the purpose of illustrating and depicting the
location of the hereinabove described territory.
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AX-05-017
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
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
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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 : /.~rnt/2tmJ~2~` ~, a~aQS
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Exhibit "A"
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CROAIIVIfT=LL MARINE RK ~
Annexation of 39 Acres
Council District -7
Fox_ T~t~
Project Case # AX-05-017
Map Legend Map References Proposed Process Schedule
Fort Worth ETJ Annexation
Pro ra 33 1st Public Hearing 10/04/05
Acres to be Annexed Mapsco 32U 2nd Public Hearing 10/11/05
Current Incorporated Area 318.48 TAD Map 2018-432, 2024-432 Date of Institution 11/08/05
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CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Property Subject to Plan: Approximately 39 acre tract of land situated in the J. H. Conwill Survey,
Abstract Number 342, and the A. Roberts Survey, Abstract Number
1262, Tarrant County, Texas
Location and Acreage: Approximately 39 acres of land in Tarrant County, located between Boat
Club Road and Bowman Roberts, south of WJ Boaz Road (AX-OS-017
JH Conwill and Roberts Surveys)
County: TARRANT
Municipal services to the Annexation Area will be furnished by or on behalf of the City of Fort Worth, Texas, at the
following levels and in accordance with the following service plan programs:
1. PROGRAM FOR SERVICES TO BE PROVIDED ON THE EFFECTIVE DATE OF THE
ANNEXATION
The City will provide the following services in the Annexation Area on the effective date of the' annexation, unless
otherwise noted.
A. Police Protection
The Fort Worth Police Department will provide protection and law enforcement services in the Annexation
Area commencing on the effective date of annexation. The services will include:
Normal patrols and responses to calls for service
Handling of offense and incident reports
Special units, such as traffic enforcement, criminal investigations, narcotics law enforcement,
gang suppression, and crime response team deployment when required.
These services are provided on a citywide basis. The area will initially be combined with an existing Police
Reporting Area (PRA), 5020. The area will be in Neighborhood Policing District 3 on Beat C11.
B. Fire Protection
Fire protection services will be provided by existing personnel and equipment of the Fort Worth Fire
Department. These services will be provided based upon available water, road and street conditions, and
distances from existing fire stations. Services will be provided to the annexation area commencing on the
effective date of the annexation. These services include:
15` responder emergency medical services
Fire suppression and rescue;
Hazardous materials mitigation and regulation;
Dive rescue;
Technical rescue;
Fire Safety Education;
Aircraft/rescue/firefighting;
Fire protection system plan review;
Inspections;
Emergency Management Planning.
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These services are provided on a citywide basis. All Fort Worth firefighters are certified by the Texas
Comrriission on Fire Protection.
On the date of annexation, the first responding fire services will come from Fire Station 401ocated at 8s 10
Spring Street. The second responding fire company will be from Fire Station 13 located at 5333 Lea Crest
Lane. The Fire Department estimates the response time to be 2.9 and 4.9 minutes, respectively.
C. Emergency Medical Services
Emergency medical services by existing personnel and equipment of the Fort Worth Fire Department will
be provided to the annexation area commencing on the effective date of the annexation. The Fort Worth
Fire Department serves as the first responder on life threatening medical emergencies as a part of the
MedStar system. All Fort Worth Fire Department personnel are certified as Emergency Medical
Technician basic level or higher, All engines, trucks, and rescue units carry Automatic External
Defibrillators for use with heart attack victims.
D. Solid Waste Collection
Solid waste collection shall be provided to the Annexation Area in accordance with existing City
ordinances and policies commencing on the effective date of the annexation. Private solid waste service
providers under contract with the City will provide residential services. Persons using the services of a
privately owned solid waste management service provider other than the City's contracted service provider
may continue to use such services until the second anniversary of the annexation.
Private service providers at the discretion of the customer may provide solid waste collection services for
businesses and multi-family dwelling complexes having three or more units.
E. Operation and Maintenance of Water and Wastewater Facilities
The annexation Area is located in the CCN of the City of Fort Worth. The City will provide water and
sewer service to the Annexation Area, at the developer's cost, in accordance with the "Installation Policy of
Community Facilities".
F. Operation and Maintenance of Roads and Streets. Including Street Lighting
The following services will be provided in the Annexation Area commencing on the effective date of the
annexation, unless otherwise noted.
The Transportation and Public Works Department will assume maintenance of public streets over which
the City has jurisdiction. These services include emergency pavement repair and repair maintenance of
public streets on an as-needed basis. Public streets will be included in the City's preventive maintenance
program. Preventive maintenance projects are prioritized on a Citywide basis and scheduled based on a
variety of factors, including surface condition, ride ability, age, traffic volume, functional class, and
available funding. Any necessary rehabilitation or reconstruction will be considered and prioritized on a
citywide basis.
Streetlights installed on improved public streets shall be maintained by the City of Fort Worth in
accordance with current City policies. Other street lighting shall not be maintained by the City of Fort
Worth.
The Transportation and Public Works Deparhnent will also provide regulatory signage services in the
Annexation Area. Traffic signal, stop, and all other regulatory studies are conducted in conjunction with
growth of traffic volumes. All regulatory signs and signals are installed when warranted following an
engineering study. Faded, vandalized, or missing signs are replaced as needed. "CALL BACK" service is
provided 24 hours a day, 36s days a year for emergency sign repair. For major arterials and collectors, the
marking of streets is on an 18-month frequency. All improved intersections and roadways are striped upon
improvement. All roadways are re-striped and remaxked as needed.
G. Operation and Maintenance of Parks, Playgrounds, and Swimming Pools
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Residents of this property may utilize all existing parks and community service facilities throughout the
City, beginning with the effective date of the annexation. Existing parks, playgrounds, swimming pools
and other recreational and community facilities within the Annexation Area that are private facilities will
be unaffected by the annexation.
Existing parks, playgrounds, swimming pools and other recreational and community facilities within this
property shall; upon deeding to and acceptance by the City and appropriations for maintenance and
operations, be operated by the City of Fort Worth, but not otherwise.
H. Operation and Maintenance of Any Other Publicly Owned Facility Building or Service.
In the event the City acquires any other facilities, buildings or services necessary for municipal services
located in the Annexation Area, the appropriate City department will provide maintenance services.
2. PROGRAM FOR PROVIDING ADDITIONAL SERVICES
In addition to the services identified above, the following services will be provided in the Annexation Area on the
effective date of the annexation, unless otherwise noted:
A. The residents of the Annexation Area will receive library services from the Fort Worth Public Library
commencing on the effective date of the annexation.
B. The City will provide general municipal administration and administrative services.
C. The Transportation and Public Works Department will provide drainage maintenance services in the
Annexation Area at current citywide service levels. The City will assume maintenance for all public
drainage channels within dedicated public drainage easements.
The Transportation and Public Works Department will provide the following services:
Storm sewer maintenance;
Watershed development review and inspection.
The Environmental Management Department will provide the following services:
Emergency spills and pollution complaint response;
Storm sewer discharge pollution prevention Water quality assessments for creeks.
The Department of Engineering will provide information relating to flood plains.
D. Enforcement of the City's code and environmental health ordinances and regulations, including but not
limited to weed and brush ordinances, junked and abandoned vehicle ordinances, food handlers' ordinances
and animal control ordinances, will be provided within the Annexation Area on the effective date of the
annexation. Complaints of ordinance or regulation violations within the area will be answered and
investigated by existing personnel within the appropriate department beginning on the effective date of the
annexation.
E. The City's building; plumbing, mechanical, electrical, and all other construction codes will be enforced
within the Annexation Area beginning with the effective date of the annexation.
F. The City's zoning, subdivision, sign, manufactured housing, junk yard and other ordinances shall be
enforced in the Annexation Area beginning on the effective date of the annexation.
G. All inspection services furnished by the City of Fort Worth, but not mentioned above, will be provided to
the Annexation Area beginning on the effective date of the annexation.
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3. PROGRAM FOR PROVIDING FULL MUNICIPAL SERVICES WITHIN 2-%: YEARS
In addition to the services listed above, the City will provide full municipal services to the Annexation Area
commensurate with the levels of services provided in other parts of the City except if differences in topography, land
use, and population density constitute a sufficient basis for providing different levels of service, no later than two
and one-half (2-'h) years after the effective date of the annexation. If full municipal services cannot be reasonably
provided within the aforementioned time period, the City will propose a schedule for providing said services within
a period of four and one-half (4-''/Z) years after the effective date of the annexation, and/or upon commencement of
development of a subdivision within this property, whichever occurs later.
"Full municipal services" are services provided by the annexing municipality within its full-purpose boundaries
excluding gas or electrical service. The City shall provide the services by any of the methods by which it extends
the services to any other area of the City.
4. CAPITAL IMPROVEMENTS PROGRAM
The City will initiate acquisition or construction of capital improvements necessary for providing full municipal
services adequate to serve the Annexation Area. Any such construction shall be substantially completed within two
and one-half (2-''/z) years after the effective date of the annexation. If capital improvements necessary for providing
full municipal services for the Annexation Area cannot be reasonably constructed within the aforementioned time
period, the City will propose a schedule for providing said services within a period of four and one-half (4-%2) years,
and/or upon commencement of development of a subdivision within this property, whichever occurs later.
Acquisition or construction shall be accomplished by purchase, lease, or other contract. Any such construction shall
be accomplished in a continuous process and shall be completed as soon as reasonably possible, consistent with
generally accepted local engineering and architectural standards and practices.
A. Police Protection. No capital improvements are necessary at this time to provide police protection to the
Annexation Area. Need for construction of new facilities will be assessed periodically based on population
growth, predicted growth, and call volume.
B. Fire Protection. No capital improvements are necessary at this time to provide fire protection to the
Annexation Area. Need for construction of new facilities will be assessed periodically based on population
growth, predicted growth, call volume and response time.
C. Solid Waste Collection. No capital improvements are necessary at this time to provide solid 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, ordinances, and regulations will extend water and
sewer mains. City participation in the costs for over sizing these extensions shall be in accordance with
applicable City policies, ordinances, and regulations.
Following is a summary of the Water and Wastewater Installation Policy as set out in Section III of the
City's Policy for the "Installation Policy of Community Facilities".
The developer shall cause to be constructed all water and wastewater facilities required to provide
service to the development, subdivision, or lot/tract. The developer shall be responsible for 100%
of the cost for water and wastewater facilities designed to provide service to the proposed
development. If larger facilities are required based on comprehensive study, the additional
incremental cost shall be borne by the City.
Connection to existing City water mains for domestic water service to serve residential,
commercial, and industrial uses within the Annexation Area will be provided in accordance with
existing City ordinances and policies. Upon connection to existing mains, water will be provided
at rates established by City ordinances for such service at the normal rates charged throughout the
City.
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Connections to existing City sanitary sewer mains for sanitary sewage service in the Annexation Area will
be provided in accordance with existing City ordinances and policies. Upon connection, to existing
sanitary sewer mains, sanitary sewage service will be provided at rates established by City ordinances for
such service at the normal rates.
E. Roads and Streets. Future extensions of roads or streets and future installation of related facilities, such as
traffic control devices, will be goverimed by the City's standard policies and procedures.
F. Drainage Utility. No capital improvements are necessary at this time to provide drainage services.
G. Street Lighting, It is anticipated that new subdivisions in the Annexation Area will install street lighting in
accordance with the City's standard policies and procedures. Iri other cases, the City will consider
installation of additional street lighting in the Annexation Area upon request, with priority given to street
lighting for traffic safety. Provision of street lighting will be in accordance with the City's street lighting
policies, and those of the providing utility.
H. Parks, Playgrounds, and Swimmin Pools Capital improvements such as parkland acquisition and
development of facilities will be dictated by future land use of the area, goals established by the Parks,
Recreation and Open Space 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 required 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 services, and the additional services described above can be provided for the Annexation
Area by using existing capital improvements. Additional capital improvements are not necessary to
provide City services.
5. IMPACT FEES
Notwithstanding any other provision of this service plan, a landowner within the Annexation Area will not be
required to fund capital improvements necessary to provide municipal services in a manner iriconsistent 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. 16699-11-2005
DATE: Tuesday, November 08, 2005
LOG NAME: 06ADOPT017 REFERENCE NO.: PZ-2643
SUBJECT:
Institute and Adopt Ordinance for the City-Initiated Annexation of Approximately 39 Acres of Land in
Tarrant County, Located between Boat Club Road and Bowman Roberts, South of WJ Boaz Road
(AX-05-017 JH Conwill and Roberts Surveys)
RECOMMENDATION:
It is recommended that the City Council institute and adopt an ordinance annexing approximately 39 acres
of land located between Boat Club Road and Bowman Roberts, south of WJ Boaz 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
39 acre tract is surrounded by the City of Fort Worth. The property currently has a variety of uses, a TESCO
easement at Boat Club Road, an industrial facility at Bowman Roberts Road with agricultural uses in
between. These uses will remain.
OPERATIONAL.IMPACT -The Police Department estimates a first year cost of $5,712.00 to serve this
area.
LOCATION -The subject property is located between Boat Club Road and Bowman Roberts, south of WJ
Boaz Road.
If annexed, this property will become a part of COUNCIL DISTRICT 7.
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~ Dale Fisseler (6140)
Originating Department Head• Bob Riley (8901)
Additional Information Contact: Allison Gray (8030)
Logname: 06ADOPT017
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