Loading...
HomeMy WebLinkAboutOrdinance 148613 s ..' a ORDINANCE NO ~~ ~I AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR THE ANNEXATION OF A CERTAIN 42 04 ACRES (0 066 SQUARE MILES) OF LAND, MORE OR LESS, OUT OF THE CHARLES TYDING SURVEY, ABSTRACT 1276 AND THE W SAMPLE SURVEY, ABSTRACT 1207, DENTON COUNTY, TEXAS, 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 J 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 16TH day of October 2001, 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 30th day of October 2001, 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 -1- 4th day of October 2001, and posted on the City of Fort Worth's Internet web site on the 4th day of October 2001; 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 17th day of October 2001, and posted on the City of Fort Worth's Internet web site on the 17th day of October 2001, 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 42 04 acres (0 66 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 -2- 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 ' Being 42 04 Acres. of land situated in the Charles Tyding Survey, Abstract No 1276, and the W Sample Survey, Abstract No 1207, Denton County, Texas; said 42 04 Acres of land being owned by Northwest Independent School District and recorded in the deed Records of Denton County, Texas, as follows; Called 37 07 Acre Tract recorded in Volume 4894, Page 5493, Deed Records of Denton County, Texas, and Tract 2, called 4 887 Acres of Land recorded in Volume 1047, Page 995, Deed Records of Denton County, Texas, said 42 04 acres of land being more particularly described by metes and bounds as follows BEGINNING at a 1/2 inch iron rod set with a plastic cap stamped, "Landes & Assoc ", said iron rod being the northwest corner of called~37 07 Acre tract, said iron also being in the south Right of Way line of State Highway No 144; said iron rod being at the beginning of a curve to the right whose radius is 2,814 79 feet and whose `long chord bears S 75° 37' 07" E, 101 79 feet; THENCE along said curve and with said R-O-W line though an angle of 02° 04' 20" an arc length of 101 80 feet to a 1/2 inch iron rod found for the northeast corner of called 37 07 Acre Tract; THENCE S 00° 57' 15" W leaving said R-O-W line 1,'785 09 feet to a 6" steel fence corner post for an interior ell corner of called 37 07 Acre Tract, THENCE S 89° 12' 59" E, 790 66 feet to a 6" steel fence corner post found for the most easterly northeast corner of called 37 07 Acre Tract, THENCE S Ol° 09' 53" W, 1,615 02 feet to a 6" steel corner fence post found for the southeast corner of called 37 07 acre tract, said post also being in the north line of called 4 887 Acre Tract -3- 2, THENCE S 89° 44' 09" E, along said north line 1,766 47 feet to a 5/8 inch iron rod found for the northeast corner of Tract 2; THENCE S 08° 05' 46" E, at 302 00 feet pass a 1/2 inch iron rod set, marked as before, for the north R-O-W line of Texas Drive as recorded in Cabinet F, Pages 121&122, Deed Records of Denton County, Texas, continuing at 362 85 feet pass a 1/2 inch iron rod set, marked as before for the south R-O-W line of said Texan Drive, continuing in all 383 13 feet to a 1/2 inch iron rod with a cap stamped RPLS 2010 found for the southeast corner of said Tract 2; THENCE N 89° 49' 36" W, 137 89 feet to a 3/8 inch iron rod found for the most westerly southeast corner of said Tract 2, THENCE N 00° 37' 39" W, 279 15 feet to a 3/8 inch iron rod found for an interior ell corner of said Tract 2; THENCE N 89° 44' 09" W, 1,749 99 feet to a 1/2 inch iron rod set marked as before, for the southwest corner of said Tract 2; THENCE N 00° 37' 39" W, 100 18 feet to a 1/2 inch iron rod set, marked as before, for the northwest corner of said Tract 2, said iron also being in the south line of the called 37 07 Acre Tract; THENCE N 89° 44' 09" W, with said south line 812 47 feet to a 1 inch iron rod found for the southwest corner of called 37.07 Acre Tract, THENCE N 00° 57' 32" E, with the west line of called 37 07 Acre tract 3432 03 feet to the POINT OF BEGINNING and containing 42 04 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 -4- 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 -5- 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 -6- APPROVED AS TO FORK! AND LEGALITY Marcella Olson, Deputy City Attorney ADOPTED AND EFFECTIVE ~l / a® O -~- _>-;:;: l~ ~ `\~[~. r~Y _, ;~ .r '~;_.~-- ~~A :\ ~. _.:~~ - / a ~.~ --~ ~' 1" = 4000 Ft FORT V~ORTH Exhibit "A" Annexation of 42..04 Acres Pa e 1 of 1 Pro ect Case No.AAX-O1-1003 Proposed Processing Schedule MAP LEGEND MAP REFERENCES 1ST Public Hearing 10-16-01 Acres Disannexed Ma sco 642 P Acres to be Annexed Zonin Ma D-5-3 Current Incorporated Area Tad Ma • NONE Denton County 2na Public Hearing 10-30-01_ Date of Adoption 11-20-01 Council District 2 Northwest Focus Area. AAXO1-1003 EXHIBIT X CITY OF FORT WORTH. TEXAS SERVICE PLAN FOR ANNEXED AREA 11/06/2001 Property Subject to Plan: Charles Tyding Survey, Abstract No. 1276, and the W Sample Survey, Abstract No. 1207, Denton County, Texas. (THE ANNEXATION AREA) Case No. AAX-O1- 1003. Location and Acreage South Of State Flighvvay 114 And West Of F M. 156 - 42.04 Acres County DENTON 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 proposed annexation area will be added to Police Reporting Area Q309, and will be part of Beat C13 It is in the North Field Operations Division and Neighborhood Policing District 3 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 city-wide basis 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 sc 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, 1 AAXO 1-1003 Emergency Management Planning. 11/06/2001 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. Services will be provided by City personnel or by private solid waste service providers under contract with the City Persons using the services of a privately owned solid waste management service provider may continue to use such services until the second anniversary of the annexation. Solid waste collection services for businesses and multi-family dwelling complexes having three or .m,ore units may be provided by the City or private service providers at the discretion of the customer 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 service to the Annexation Area in accordance with the "Installation Policy of Community Facilities " T.he City will provide -sewer service to the Annexation Area 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. Street lights 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 needed "CALL BACK" service is provided 24 hours a day, 365 days a year for emergency sign AAXO 1-1003 11/06/2001 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. Playarounds and Swimmina 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 Anv 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, maintenance services will be provided by the appropriate .City department. 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 IVlanagement Department will provide the following services.. Emergency spills and pollution complaints response, Storm sewer discharge pollution prevention (commercial only); 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 beginhing 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 AAXO 1-1003 11/06/2001 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. 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 dater 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--%a) 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, including water and wastewater services and 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-%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 proposed a schedule for providing said services within a period of four and one-half (4-%z) 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 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, water and sewer mains of the City will be extended by the property owner in accordance. with provisions of the Subdivision Ordinance and other applicable policies, ordinances, and regulations City participation in the costs of these extensions shall be in accordance with applicable City policies, ordinances, and regulations Such extensions will commence within two and one-half (2-1/2) years from the effective date of the annexation ordinance. If water and sewer mains of .the City cannot be reasonably constructed within the aforementioned time period, the 4 'J i ~ ~ r •. AAXO 1-1003 11/06/2001 City will propose a schedule for providing said services within a period of four and one-half (4-1/2) years, andlor upon commencement. of development of a subdivision within this property, whichever occurs later 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 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 City's standard policies and procedures. F Drainaae.. Utility. No capital improvements are necessary at this time to provide drainage services G Street Liahting_ 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 Swimmina 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 Comprehensive Plan and appropriation of resources. Should additional residential development occur, parkland dedication, neighborhood park development and neighborhood park infrastructure or payment in lieu thereof shall 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 ~1-~Ayor And Caunc~l ami»un~cAt~an C DATE REFERENCE NUMBER LOG NAME PAGE 11 /20/01 pZ_2338 06AAX-01-1003 1 of 1 SUBJECT INSTITUTION OF ANNEXATION AND ADOPTION OF ORDINANCE ANNEXING 42 04 ACRES OF LAND OUT OF THE CHARLES TYDING SURVEY, ABSTRACT NO 1276, AND THEW SAMPLE SURVEY, ABSTRACT NO 1207, DENTON COUNTY, TEXAS ANNEXATION CASE NO AAX-01-1003 RECOMMENDATION It is recommended that the City Council 1 Institute the annexation of 42.04 acres of land out of the Charles Tyding Survey, Abstract No 1276, and the W Sample Survey, Abstract No 1207, Denton County, Texas into the corporate limits of the City of Fort Worth, and 2 Approve the attached ordinance annexing the subject property in compliance with the requirements of Chapter 43 of the Local Government Code of the State of Texas DISCUSSION On October 2, 2001 (M&C PZ-2326), the City Council approved the timetable for annexing the above referenced property into the city limits of Fort Worth Public hearings concerning this request were held as required by state law on October 16 and 30, 2001 Institution of this annexation and adoption of the attached ordinance completes the annexation process The subject property is located south of SH114, and west of FM156 If annexed, this property will become part of COUNCIL DISTRICT 2 FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that this action will have no material effect on City funds MG k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APRR~OVED Mike Groomer 6140 CITY GGUNCIL Originating Department Head: ~ Ov 20 2~~~ Bob Riley 8901 (from) ~~ Additional Information Contact f~.~ : Citg S+ecret~ a~ 3lne ~t4fi~f Fari ~lori~ ~?faxas Cathy Davidson 8030