HomeMy WebLinkAboutOrdinance 16174ORDINANCE NO (Q
AN ORDINANCE DECLARING CERTAIN FINDINGS PROVIDING FOR
THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF
FORT WORTH PROVIDING FOR THE ANNEXATION OF APPROXIMATELY
113 19 ACRE TRACT OF LAND SITUATED IN THE HENRY ROBERTSON
SURVEY ABSTRACT NO 1259 TARRANT COUNTY TEXAS AND
BEING A PORTION OF THAT TRACT OF LAND DESCRIBED IN DEED
TO EDWIN GREINES COHEN AS RECORDED IN VOLUME 11447 PAGE
1698 DEED RECORDS TARRANT COUNTY TEXAS
(CASE NO AX 04 008) 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 7th day of
September 2004 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 21st day of September 2004 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 27th day
of August 2004 and posted on the City of Fort Worth s Internet web
site on the 25th day of August 2004 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
10th day of September 2004 and posted on the City of Fort Worth s
Internet web site on the 10th day of September 2004 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
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 113 19 acres of land (0 176 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 5/8 inch capped iron rod found at the intersection
of the west right of way line of F M 156 (a 120 right of
way) and the north right of way line of Hicks Road (C R
4005)
THENCE N89 43 54 W along the north right of way line of said Hicks
Road a distance of 1679 3± feet to a point
THENCE N45 03 41 W leaving the north right of way line of Hicks
Road a distance of 2796 2± feet to a point in the east right
of way line of Gulf Colorado and Santa Fe Railroad (a 100
right of way
THENCE NOl 42 43 E along the east right of way line of said Gulf
Colorado and Santa Fe Railroad a distance of 85 0± feet to a
5/8 inch capped iron rod found
THENCE S89 52 37 E leaving the east right of way line of said Gulf
Colorado and Santa Fe Railroad a distance of 450 12 feet to a
~ inch iron rod capped set for corner
THENCE NO1 43 02 E a distance of 454 60 feet to a ~ inch iron rod
capped set for corner
THENCE S89 50 32 E a distance of 1407 09 feet to a ~ inch iron rod
capped set for corner
THENCE S00 20 18 W a distance of 453 97 feet to a ~ inch iron rod
capped set for corner
THENCE S89 51 39 E a distance of 420 00 feet to a pointy inch iron
rod capped set for corner
THENCE S00 20 18 W a distance of 683 85 feet to a ~ inch iron rod
capped set for corner
THENCE N89 51 06 W a distance of 420 00 feet to a ~ inch iron rod
capped set for corner
THENCE S00 20 18 W a distance of 310 00 feet to a ~ inch iron rod
capped set for corner
THENCE S89 51 06 E a distance of 450 00 feet to a ~ inch iron rod
capped set for corner
THENCE N00 20 18 E a distance of 155 00 feet to a ~ inch iron rod
capped set for corner
THENCE S89 51 06 E a distance of 1149 99 feet to a ~ inch iron rod
capped set for corner
THENCE S00 08 54 W a distance of 20 00 feet to a ~ inch iron rod
capped set for corner
THENCE S89 51 06 E a distance of 200 00 feet to a ~ inch iron rod
capped set for corner in the west right of way line of said
F M 156
THENCE S00 20 10 W along the west right of way line of said F M
156 a distance of 1200 10 feet to the POINT OF BEGINNING and
containing 4 930 422 square feet or 113 19 acres of land 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
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
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 `~ - ~ 2-d
Exhibit A
Project Case # AX-04-008
Map Legend Map References Proposed Process Schedule
Fort Worth ETJ Mapsco 20-P&Q 1st Public Hearing 09/07/04
Acres to be Annexed Zoning Map 36452 2nd Public Hearing 09/21/04
Current Incorporated Area c~~ro cods) TAD Map 2042-456 Date of Institution 10/12/04
Page 1 of 1
Annexation of 113.19 Acres FORT WOTtTH
Council Dtstrlct 7
Exhibit `X"
Revised
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Property Subject to Plan Approximately 113.19 acre tract of land situated in the Henry Robertson
Survey Abstract No 1259 Tarrant County Texas, and being a portion
of that tract of land described in deed to Edwin Greines Cohen, as
recorded in Volume 11447 Page 1698, Deed Records, Tarrant County
Texas.
Location and Acreage. Approximately 113.19 acres of land in Tarrant County located at the
northeast corner of Highway 287 8~ Bonds Ranch Road. (AX-04-008
Highland Meadows)
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:
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) but utilizing concept plans submitted for the area we will shortly after
annexation add new PRAs for the area.
B. Fire Protection
Fire protection services by existing personnel and equipment of the Fort Worth Fire Department,
within the limitations of available water and distances from existing fire stations, will be provided
to the Annexation Area commencing on the effective date of the annexation These services
include.
1 ~ responder emergency medical services
Fire suppression and rescue;
Hazardous materials mitigation and regulation,
Dive rescue;
Technical rescue;
Fire Safety Education,
AX-04-008
Ai rcraft/rescue/firefighti ng;
Fire protection system plan review
Inspections,
Emergency Management Planning
These services are provided on a city-wide basis. All Fort Worth firefighters are certified by the
Texas Commission on Fire Protection.
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 at an Emergency Medical Technician 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 services. Persons using the services of
a privately owned solid waste management service provider other than the City's contractor 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
Aqua U#ilities, Inc. currently has the Certificate of Convenience and Necessity (CCN) to provide
water utility service to the Annexation Area. Aqua Utilities, Inc. has agreed to transfer its water
CCN to the City under section 13.248 of the Texas Water Code. The City will provide water
service to the Annexation Area under the agreement and the rules and requirements of the Texas
Commission on Environmental Quality City will provide sewer service to the Annexation Area, at
the developer's cost, in accordance with the `Policy for the Installation of Community Facilities"
There are no existing water and wastewater facilities in the Annexation Area.
F Operation and Maintenance of Roads and Streets, Including Street Lightinq
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
wh'sch 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 Department 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
AX-04-008
needed. `CALL BACK" service is provided 24 hours a day 365 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 remarked as needed.
G Operation and Maintenance of Parks Playgrounds and Swimming Pools
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 City wide 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 complaints 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 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.
AX-04-008
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.
3. PROGRAM FOR PROVIDING FULL MUNICIPAL SERVICES WITHIN 2'/z 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 '/2) 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--'/) years after the
effective date of the annexation, and/or upon commencement of development of a subdivision within this
property whichever occurs later As noted above, Aqua Utilities, Inc. currently has the Certificate of
Convenience and Necessity (CCN) to provide water utility service to the Annexation Area and has agreed
to transfer its water CCN to the City under section 13.248 of the Texas Water Code. The City will provide
water service to the Annexation Area under the agreement and the rotes and requirements of the Texas
Commission on Environmental Quality
'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 developer will initiate acquisition or construction of capital improvements necessary for providing full
municipal services adequate to serve the Anhexation Area. Any such construction shall be substantially
completed within two and one-half (2 %) 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--'/) 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 wi!I be assessed periodica!ly based
on population growth, predicted growth call volume and response times.
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 and construction of subdivisions commence within this
property the property owner in accordance with provisions of the City's Subdivision Ordinance
and other applicable policies, ordinances, and regulations will extend water and sewer mains.
City participation in the costs of these extensions shall be in accordance with applicable City
policies, ordinances, and regulations. Such extensions, by the developer will commence within
two and one-half (2 1/2) years from the effective date of the annexation ordinance.
Following is a summary of the Water and Wastewater Installation Policy as set out in Section III of
the City's Policy for the "Policy for the Installation of Community Facilities.
AX-04-008
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
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
charged throughout the City
E. Roads and Streets. No road or street related capital improvements are necessary at this time.
Future extensions of roads or streets and future installation of related facilities, such as traffic
control devices, will be governed by the Gity'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. In 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 Swimming 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.
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
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 10/12/2004 Ordinance No 16174
DATE Tuesday October 12 2004
LOG NAME 06ADOPTAX04-008 REFERENCE NO PZ 2550
SUBJECT
Institution and Approval of Voluntary Annexation of Approximately 113 19 Acres of Land in Tarrant
County Located at the Northeast Corner of Highway 287 and Bonds Ranch Road (AX-04-008)
RECOMMENDATION
It is recommended that the City Council institute and consider the adoption of an ordinance annexing
approximately 113 19 acres of land in Tarrant County located at the northeast corner of Highway 287 and
Bonds Ranch Road (AX-04-008 Highland Meadows)
DISCUSSION
On August. 24 2004 (M & C PZ 2542) the City Council approved the timetable for annexing the above
referenced property into the City of Fort Worth. Public hearings concerning the voluntary annexation
request were held as required by state law on September 7 and September 21 2004 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 The
property abuts the Fort Worth city limits on two sides
OPERATIONAL IMPACT -The Police Department has estimated an impact of $510 due to anticipated calls
for service to the proposed annexation area
LOCATION -The subject property is located at the northeast corner of Highway 287 & Bonds Ranch 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/AccountlCenters
Submitted for City Manager's Office bv. Dale Fisseler (Acting) (6266)
Originating Department Head. Bob Riley (8901)
Additional Information Contact: Allison Gray (8030)
Lo~name• 06ADOPTAX04-OOR PaoP 1 of 1