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HomeMy WebLinkAboutOrdinance 14452t a, ORDINANCE NO 14452 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 221 302 ACRES (0 346 SQUARE MILES) OF LAND, MORE OR LESS, OUT OF THE WILLIAM P MCCOWAN SURVEY, ABSTRACT NO 999, TARRANT 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 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 14th day of November 2000, which date was not more than forty (40) days nor less than twenty (20) days prior to institution of annexation proceedings, 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 28th day of November 2000, which date was not more than forty (40) days nor less than twenty (20) days prior to the institution of annexation proceedings, and -1- 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, and posted on the City of Fort Worth's Internet web site, on the 3rd day of November 2000, which date was not more than twenty (20) days nor less than ten (10) days prior to the date of said such public hearing, 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, and posted on the City of Fort Worth's Internet web site, on the 17th day of November 2000, which date was not more than twenty (20) days nor less than ten (10) days prior to the date of said such public hearing, and WHEREAS, written notice of the proposed annexation was provided to the Keller Independent School District, 304 Lorraine, Keller, Texas 76248, on the 3rd day of November 2000, which date was not more than twenty (20) days nor less than ten (10) days prior to the date of the first public hearing, 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 -2- 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 221 302 acres (0 346 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 Tract A Being a tract of land described as Tract 7 in Deed to AIL Investments L P as recorded in Volume 14386, Page 57, Deed Records, Tarrant County, Texas situated in the William P McGowan Survey, Abstract Nb 999, Tarrant County, Texas Said tract being more particularly described by metes and bounds as follows BEGINNING at a point in the west right-of-way line of Old Denton Road (County Road 4048), said point being situated -3- within the present corporate limits of the City of Fort Worth established by Ordinance No 3867 and also being the northeast corner of said Tract 7, THENCE North 890 46' 32" West 1616 27 feet to a point, THENCE North 890 57' 29" West 198 13 feet to a point for the northwest corner of said Tract 7, THENCE South OOo O1' 23" West 2270 89 feet to a point for the southwest corner of said Tract 7, THENCE South 890 51' 15" East 1836 02 feet to a point for the southeast corner of said Tract 7 on the west right-of-way line of Old Denton Road (County Road 4048), THENCE North along said west right-of-way line of Old Denton Road (County Road 4048) to the POINT OF BEGINNING, and containing approximately 94 302 acres of land ~ Tract B Being a Tract of land situated in the William P McGowan Survey, Abstract No 999, Tarrant County, Texas Said tract being more particularly described by metes and bounds as follows BEGINNING at a point in the south right-of-way line of Golden Triangle Boulevard (County Road 4012), said point being an easterly northwest corner of a tract of land described in Deed to E Crawford Family Limited Partnership as recorded in Volume 12931, Page 414, Deed Records, Tarrant County, Texas; THENCE South 890 38' 39" West departing said south right-of- way line a distance of 273 59 feet for a point for corner, THENCE South OOo 21' 28" East 101 65 feet to a point; THENCE South OOo 47' 16" East 444 10 feet to a point; THENCE South OOo 26' 25" East 327.58 feet to a point; THENCE South OOo 52' 13" East 759 29 feet to a point, THENCE South OOo 43' 31" East 755 83 feet to a point for corner, said corner being the northeast corner of a tract of land described in Deed to Thomas E Bussey as recorded in Volume 5114, Page 76'8, Deed Records, Tarrant County, Texas, THENCE South 890 18' 07" West 1903 18 feet to a point in the east right-of-way line of Old Denton Road (County Road 4048); THENCE North 890 47' 32" West 23 99 feet to a point for corner -4- in the east right-of-way line of Old Denton Road (County Road 4048), said line being situated within the present corporate limits of the City of Fort Worth established by Ordinance No 3867, THENCE North following the east right-of-way line of Old Denton Road (County Road 4048) produced northward to a point e for corner in the north right-of-way line of Golden Triangle Boulevard (County Road 4012), THENCE East along the north right-of-way line of Golden Triangle Boulevard (County Road 4012), and its meanders, to a point for corner, said corner being the northwest corner of a 5 99 acre segment of right-of-way of said Golden Triangle Boulevard annexed into the City of Fort Worth by Ordinance No 14062; THENCE South 180 07' 40" West departing said north right-of- way line 120 feet to the POINT OF BEGINNING, and containing approximately 127 acres of land SECTION 2 That the above described territory is shown on Map Exhibit "A" which is attached hereto and expressly incorporated herein by reference for the purpose of illustrating and depicting the location of the hereinabove described territory SECTION 3 That the above described territory hereby annexed shall be part of the City of Fort Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens in accordance with the Service Plan and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas -5- SECTION 4 That attached hereto, marked Exhibit "X" and incorporated herein for all purposes incident hereto, is a Service Plan providing for the extension of municipal services into the area to be annexed, which was made available at the public hearings for inspection by and explanation to the inhabitants of the area to be annexed 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 -6- SECTION 7 That this ordinance shall take effect and be in full force and effect upon adoption APPROVED AS TO FORM AND LEGALITY Marcella Olson, Assistant City Attorney ADOPTED ~ ` / `0~ EFFECTIVE ~ - 9 -O -7- i~~~s~ MAP LEGEND MAP REFERENCES Current Incorporated Area ~(~ Mapsco 21 Q & R Acres to be Annexed =~w~F~~~~ ~~= Zoning Map.15-4&8 Acres Disannexed NSA Tad Map.2054&2060 1st Public Hearing 11-14-00 2nd Public Hearing 11-28-00 Date of Institution 12-19-00 Date of Adoption. ni _n9_nl Council District: ~_ Exhibit 'A' Annexation of 221.302 Acres TORT WORTH (Page 1 of 1) Project Case No. A-00-19 EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Property Subject to Plan WILLIAM MCCOWAN SURVEY, ABSTRACT NO 999 THE ANNEXATION AREA) Location and Acreage LOCATED SOUTH OF GOLDEN TRIANGLE BOULEVARD AND EAST OF INTERSTATE HIGHWAY 35W - 221 302 ACRES 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 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 Due to the extreme distance of this area from the central city, average response times to calls for service may exceed the city-wide average This annexation falls within an area of the city experiencing significant growth and combined with other development and annexation activity will require at least two additional beats, consisting of 10 patrol officers, 2 Neighborhood Police Officers and 6 marked vehicles The department has requested a budget adjustment to the Fort Worth Crime Control and Prevention District for 9 patrol officers for this type of growth 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 ls` 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 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 more 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 An existing 24" water main is located in Heritage trace Parkway approximately 5,200 feet south of the Annexation Area An existing 16" water main is located in golden Triangle Boulevard approximately 3,000 feet east of the Annexation Area The City will provide water service to the Annexation Area in accordance with the "Installation Policy of Community Facilities " A 5,800 foot extension from existing sewer main M-468* will be required to serve Tract A of the Annexation Area A 2,800 foot sewer extension will be required to serve the western portion of Tract B and a 4,000 sewer extension will also be required to serve the eastern portion of Tract B of the Annexation Area The City will provide sewer service to the Annexation Area in accordance with the "Installation Policy of Community Facilities " F O~eratian and Maintenance of Roads and Streets Includin Street Li htin 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, rideability, 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 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, Play rounds and Swimmin 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, Buildin (1Y .~'PYTTI ~"P 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 Management Department will provide the following services Emergency spills and pollution complaints response; 3 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 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 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-~) 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 "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-~) 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-/) 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 City will propose a schedule for providing said services within a period of four and one-half (4=1/2) years, and/or 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 Drainage Utility No capital improvements are necessary at this time to provide drainage services City of Fort T~'orth, Texas ~11~A~or And Council ~oin~rtun~cAt~on DATE REFERENCE NUMBER LOG NAME PAGE 12/19/00 PZ-2260 06A-00-19 1 of 1 SUBJECT INSTITUTION OF ANNEXATION FOR 221 302 ACRES OF LAND OUT OF THE WILLIAM MCCOWAN SURVEY, ABSTRACT NO 999, TARRANT COUNTY, TEXAS ANNEXATION CASE NO A-00-19 RECOMMENDATION It is recommended that the City Council 1 Institute the annexation of 221.302 acres of land out of the William McGowan Survey, Abstract No 999, Tarrant County, Texas by a first reading of the annexation ordinance, and 2 Authorize City staff to schedule final adoption of the annexation ordinance and service plan for January 9, 2001 DISCUSSION On October 31, 2000 (M&C PZ-2241), the City Council approved the timetable for annexing the above referenced property into the Fort Worth city limits. Public hearings concerning this case were held as required by state law on November 14 and 28, 2000 The first reading of the ordinance institutes the annexation process. Formal adoption of the annexation ordinance will complete the annexation process, which would be scheduled to occur on January 9, 2001 This property is located south of Golden Triangle Boulevard and east of Interstate Highway 35W If annexed, this property would be contiguous to COUNCIL DISTRICT 4 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) A~'PR01~ED Mike Groomer 6140 CITY COUN~9L~ Originating Department Head: mcc ~~ zoQ~ Bob Riley 8901 (from) Additional Information Contact: SiYtq S~CZ~ta~Y?/ Qf tPit? ~'eLhl Qf 1'QA~ ~;Ycs:rtll, ~EXi3,S Kevin Lasher 8030 Adapted O~c~~+~ance N©o ~ yy5.2 City of Font Worth, Texas ~I~A~'Or And aunc'l( alrtlrl~InlCAt'10n C C DATE REFERENCE NUMBER LOG NAME PAGE 1 /9/01 PZ-2275 06A-00-19 1 of 1 SUBJECT ADOPTION OF ORDINANCE NO 14452 INSTITUTED ON DECEMBER 19, 2000 FOR THE ANNEXATION OF 221 302 ACRES OF LAND OUT OF THE WILLIAM MCCOWAN SURVEY, ABSTRACT NO 999, TARRANT COUNTY, TEXAS (ANNEXATION CASE NO A-00-19 RECOMMENDATION It is recommended that the City Council 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 31, 2000 (M&C PZ-2241), the City Council approved the timetable for annexing the above referenced property into the Fort Worth city limits Public hearings concerning this case were held as required by state law on November 14 and 28, 2000 The annexation was instituted by the City Council on December 19, 2000 (M&C PZ-2260), by a first reading of the ordinance The adoption of the attached ordinance completes the annexation process. The City Plan Commission recommended approval of the annexation on December 22, 2000, and further recommended that land uses for the annexation area conform to those prescribed for an "FR" Restricted Commercial district for Tract A, and for low density single-family uses for Tract B Existing non-residential uses on Tract B were recommended for future zoning as "PD/SU" (Planned Development/Specific Use) with industrial classifications. This property is located south of Golden Triangle Boulevard, east of Interstate Highway 35W, and is contiguous to COUNCIL DISTRICT 4 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) l~"f IIVV~Q Mike Groomer 6140 CITY CQUNCI~ Originating Department Head: , JAN g 2009 Bob Riley 8901 (from) }~ ~i Additional Information Contact: .~ 1 a,~*-~-~/ ~Cdt S t f th q s~re ary o e City of Part ~lartlr, Teasaa Kevin Lasher 8030 AdoQte~ Or~lnance No, l •~