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HomeMy WebLinkAboutOrdinance 14288ORDINANCE NO I y'Z o;~' 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 75 695 ACRES (0 118 SQUARE MILES) OF LAND, MORE OR LESS, OUT OF THE E SHULTZ SURVEY, ABSTRACT NUMBER 1439 AND THE D C PACE SURVEY, ABSTRACT NUMBER 1245, 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 11t'' day of July 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 18t'' day of July 2000, which date was not more than forty (40) days nor less than twenty (20) days prior to the institution of -1- annexation proceedings, and WHEREAS, notice of the first such public hearing was posted on the City of Fort Worth's Internet web site, and 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 June 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 posted on the City of Fort Worth's Internet web site, and published in a newspaper having general circulation in the City of Fort Worth, Texas, and in the hereinafter described territory on the 7th day of July 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 Eagle Mountain-Saginaw Independent School District, PO Box 79160, Fort Worth, Texas 76179 on the 30th day of June 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 -2- .i, 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 75 695 acres (0 118 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 BEING a 75 695 acre tract situated in the E Shultz Survey, Abstract Number 1439 and the D C Pace Survey, Abstract Number 1245, Tarrant County, Texas, said 75 695 acre tract -3- being more particularly described by metes and bounds as follows BEGINNING at a fence post found, said fence post found being the northeasterly corner of a tract of land conveyed to Aledo Properties, Inc according to the deed recorded in Volume 12167, Page 346, Deed Records, Tarrant County, Texas, said fence post found also being the northwest corner of said E Shultz Survey, said fence post found also being on the southerly line of a tract of land conveyed to BCRSS Inc according to the deed recorded in Volume 12407, Page 590, Deed Records, Tarrant County, Texas, THENCE S89°18'27"E along the southerly line of said .BCRSS Inc tract and along the northern line of said E Shultz Survey, passing the southeasterly corner of said BCRSS Inc tract and along the southerly line of a tract of land conveyed to R C Boaz, a distance of 1131 80 feet to a 1/2" iron rod found, said 1/2" iron rod found being the northwesterly corner of a tract of land conveyed to R G Walton et ux according to the deed recorded in Volume 10237, Page 459, Deed Records, Tarrant County, Texas; THENCE S00°01'23"W along the westerly line of said Walton tract a distance of 2331 39 feet, more or less, to a point for a corner located 20 feet north of the center line of the W J Boaz Road (County Road No 4T15) right-of-way; THENCE N89°59'36"W within the right-of-way of said W J Boaz Road a distance of 1235 O1 feet to a ~" iron pin found; THENCE N89°25'42"W continuing within the right-of-way of said W J Boaz Road a distance of 558 05 feet to a point for a corner on the west right-of-way line of Boat Club Road, -4- THENCE N00°27'00"E along the west right-of-way line of Boat Club Road a distance of 955 31 feet to a point for a corner, THENCE S89°27'00"E departing the west right-of-way line of Boat Club Road a distance of 620 37 feet to a metal fence post found, said metal fence post found being the southeasterly corner of said Aledo Properties, Inc tract, THENCE NO1°27'19"E along the easterly line of said Aledo Properties, Inc tract a distance of 1395 73 feet to the Point of BEGINNING and containing 75 695 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 attached hereto, marked Exhibit "X" and incorporated -5- herein for all purposes incident hereto, is a Service Plan providing for the extension of municipal services into the area to be annexed, said Service Plan having been prepared prior to publication of the notices of hearings prescribed under Section 43 065 of the Texas Local Government Code, and having been made available at said 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 from and after the date of its passage, and it is so ordained APPROVED AS TO FORM AND LEGALITY ~/~~5~-x F- (/ Marcel a Olson, Assistant City Attorney DATE ADOPTED ~~~ ~~~ EFFECTIVE v _ ~~ O~ _~_ ~~~~ MAP LEGEND Current Incorporated Area ~~ Acres to be Annexed Acres Disannexed NIA 1st Public Hearing 07-11-00 MAP REFERENCES 2nd Public Hearing 07-18-00 Mapsco 32 -Q ~ U Date of Adoption. 08-08-00 Zoning Map. 23-6 Council District: 7 Tad Map.2018-436 Focus Area. a _ n,_ ~nW Exhibit 'A' Annexation of 75.695 Acres FORTS°~T~ _,..._ (Page 1 of 1) Project Case No. A-00-08 ` EXHIBIT X CITY OF FORT WORTH, TEXAS SERVICE PLAN FOR ANNEXED AREA Property Subject to Plan: E. SHULTZ SURVEY, ABSTRACT NUMBER 1439 AND THE D. C PACE .SURVEY, ABSTRACT NUMBER 1245 (the Annexation Area) Location and Acreage `NORTH$AST CORNER OF W J. BOAZ ROAD AND ,BOAT CLUB ROAD - 75.695 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 , Handling of offense and incident reports ,t Special units, such as traffic enforcement, criminal j 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 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 16` 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; r 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 1 _~„,~,~z 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 16" water main along Boat Club Road is available to serve the Annexation Area The City will provide water service to the Annexation Area in accordance with the "Installation Policy of Community Facilities " Sewer service will be available from an existing 15" sewer main (M-365)located at the intersection of Robertson Road and Boat Club Road The 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, Includin 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, 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 '.'LVt 9 i'"~'~ 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 aeration 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, 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 o:f 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; Storm sewer discharge pollution prevention (commercial only); Water quality assessments .f or creeks The Department of Engineering will provide information relating to flood plains D Enforcement of the City's environmental health ordinances and ~s' 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 al'1 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 FIILL 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 that are funded in whole or in part by municipal taxation and provided by the City within its boundaries The City shall provide the services by any of the methods by which it extends the services to any other area of the City 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 4 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 scYiedule 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 facili-ties, such as traffic control devices, will be~'governed..by~ahe City's°~; tandard policies and procedures F Drainage Utility No capital improvements are necessary at this ~° time to provide drainage services G Street Li_hting 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.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 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 I Other Publicly Owned Facilities, Buildin 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 ~11~A~a~ And caunc~l a~rln~lun~cAfifan C DATE REFERENCE NUMBER LOG NAME PAGE 8/8/00 PZ-222 ~ 06AN N EX-08 1 of 1 SUBJECT ORDINANCE ANNEXING 75 695 ACRES OF LAND OUT OF THE E 8HULTZ SURVEY, ABSTRACT NO 1439 AND THE D C PACE SURVEY, ABSTRACT NO 1245, TARRANT COUNTY, TEXAS ANNEXATION CASE NO A-00-08 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 June 20, 2000 (M&C PZ-2211), the City Council approved the timetable for annexing the above referenced property into the Fort Worth City limits. Public hearings concerning this request were held as required by state law on July 11 and 18, 2000 The adoption of the attached ordinance completes the annexation process. The City Plan Commission recommended approval of the annexation on June 28, 2000 This property is located at the northeast corner of W J Boaz Road and Boat Club Road If annexed, this property would be contiguous to COUNCIL DISTRICT 7 FISCAL INFORMATION/CERTIFICATION The Finance Director certifies that no funds are required for this action MG k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) ~® RQV Mike Groomer 6140 ~~ ~~ t' ~ Originating Department Head. C~~ ° Cj®V ~ Bob Riley 8901 (from) k~G g ~4~~ Additional Information Contact: ~,i;~t~ ~,{; <<,u.~./ C1tg Sscr$tar~'y~l ~ ~ t; Bob Riley 8901 (,r'`ttf ~~ ~ps3 ~''~~-^°'r Adopter Or~,~ar~c~ doe /`/.Z~p -~---~.