HomeMy WebLinkAboutOrdinance 18430-01-2009ORDINANCE NO. 18430-1-2009
AN
A ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE
EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH;
L
PROVIDING FOR THE ANNEXATION OF AN APPROXIMATELY 25.7 ACRE TRACT OF
LAND SITUATED IN THE J. H. CONWILL SURVEY, ABSTRACT NUMBER 343,
SITUATED ABOUT 8.1 MILES NORTH 38 DEGREES WEST OF THE COURTHOUSE,
TARRANT COUNTY, -TEXAS (CASE NO. AX-08-007) 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 Chamber in the
Municipal Office Building of Fort Worth, Texas, on the 2nd day of
December 2008; 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
Chamber in the Municipal Office Building of Fort Worth, Texas, on
the 9th day of December 2008; 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 13th day
of November 2008, and posted on the City of For;- Worth's Internet
web site on the 12th day of November 2008; and
WHEREAS noboe off th 'e second such pub' c hear-ing was published
--''--y o-� 'W-rt Worth,
a newspar C 4 4
jer �.-avin�-, aenelral _Lrculat"on in the _L
Texas, and `Ln t Fe here1nafter des c_�ibed territory; on the 21s� daw
of November 11-008, and posted on the Cit-y of Fort Wo.-th's Internet
web S4 'te on the 21st day of November 2018; and
WHEREAS prior to the posting and publication of ' not
the
L_ tices or
n=on l.ic hearings, a Se--v--"--e Plan providing for the extension of
munlclpal se vices in-to the here ina, -f t e r described[ te.---ritory was
t 41 4 *
pre-pared -for inspection by and explana on to the Inhab-L--ants of
-.he carea to be annexed, and
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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 25.7 acres of land (0.040 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 in the present City Limits, at the most northerly
southwest corner of said ordinance Number 9156, being at the
intersection of said south and west right-of-ways;
I
F-11REFINKITIM
County, Texas;
THENCE continuing with the present City Limits according to said
Ordinance Number 9156, and said north line, North 88 degrees 58
minutes West, 1351.7 feet;
THENCE continuing with the present City Limits according to said
Ordinance Number 9156, South 01 degrees 03 minutes West, 375
feet;
THENCE continuing with the present City Limits according to said
Ordinance Number 9156, North 88 degrees 58 minutes West, 393
feet, to the east line that certain a tract of land out of said
Survey, conveyed to TESCO, by deed recorded in Volume 2683, Page
181, of the Deed Records of Tarrant County, Texas;
THENCE continuing with the present City Limits according to said
Ordinance Number 9156, and with said east line, North 01 degrees
03 minutes east, 375 feet, to its northeast corner;
THENCE continuing with the present City Limits according to said
Ordinance Number 9156, North 88 degrees 58 minutes West, 325
feet, to said west right-of-way;
THENCE with said west right-of-way, North 01 degrees 03 minutes
East, 469.3 feet, to the place of beginning, and containing some
25 aces or 0.040 square miles of land, more or less.
SECTION 2.
mhat- the above described I[_err4 Ltory is shown on Map Exhibit "A"
which _L 4 t-
s arached hereto and expressly incorporated herein by
reference for the pul-pose of 1'11ustra tin g and depicting the
-4on -he hereinabove described t-e.-rit-orv.
SECTION 3.
That the ab-ove des cr�:bed t -rr'w to-y here b annex -4 sha- 'i be
part- of the City o_f Fort Wor-h, Texas, and the propertv so` added
her�bb,= shall bear its pro rata oast of the -taxes IevJed by the City
of Fort Worth, Texas, and the inhab 4 rants thereof shall be entitleci
a1l of the frights and privileges o-f aii t'he cit-izens in
accorcia-ce w'th the Servicr�- Plan ;7n(-,, shcaLl', be bc,,,-nd by the acts,
ordinances, _resoli,:t-ions and --ea,!-: at Ions olLf -,the C'Ity of Fcrt Worth.
91
FEW 1: 11
Texas.
SECTION 4.
That the Service Plan attached hereto as Exhibit "B" was made
available 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, Lons, 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 �_ 4- t L 0
_L
be its purpose to annex to the City of Fort Worth every part of the
area described in Sect-'on 1 of this ordinance, regardless of
whether any part of such described area is hereby not effectively
ve1v
annexed to the City. Provided, further, that if -IC-here s included
wit-hi n the descr_iDtion nf terr-i for y set- out 4 n �,tion 1 of th-J s
_
ordinance to be annexed to -the City of Fort Worth any area which -is
-1 4 f, 4 +- y 0 X�
presentiv pa-rl: of and included wit-hin the -L-Lmits of 'the __L_
Fort Worth, or which 4S presently part of and inc'uded within the
nimits of anv other cit-Y, town or village, o-,,- which 4 s not with4n
the City of Fort Worth's jurisdiction to annex, the same is hereby
excluded and excepted from the territory o be annexed hereby as
fully as if s-uch excluded and excepted area were expressly
desc.-libled 'W-,e_re 4 n.
M
MMKIT-Mallyllm
SECTION 8.
That this ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND T E'ALITY:
Sara Fullenwider, Assistant City Attorney
ADOPTED AND EFFECTIVE: January 6, 2009
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AX-08-007 6400 block of Boat Club Road Exhibit B
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Property Subject to Plan: BEING 25.7 acres of land situated in the J. H. Conwill Survey, Abstract
Number 343; situated about 8.1 miles North 38 degrees West of the
Courthouse in Tarrant County, Texas.
Location and Acreage: Approximately 25.7 acres of land in Tarrant County, located south of
Cromwell Marine Creek Parkway and east of Boat Club Road.
County: TARRANR
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.
As used in this plan, the term 'providing services' includes having services provided by any method or
means by which the City may extend municipal services to any other area of the City, including the City's
infrastructure extension policies and developer or property owner participation in accordance with applicable
city ordinances.
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 be combined with an existing Police
Reporting Area (S020). The area will be in Neighborhood Policing District 4 on Beat D11.
B. Fire Protection
Fire protection services will be provided by existing personnel and equipment of the Fort Worth Fire
Department, These services will be provided based upon available water, road and street
conditions, and distances from existing fire stations, Services will be provided to the annexation area
commencing on the effective date of the annexation. These services include:
AX-08-007 6400 block of Boat Club Road
Exhibit B
These services are provided ona citywide basis. All Fort Worth firefighters are certified by the Texas
Commission nn Fire Protection.
{}n the date nf annexation, the first responding fire services will come from Fire Station 13. located at
B33 Lea Crest Lane. The second responding fire company will be from Fire Station 4O located at
851O Spring Street. The Fire Department estimates the response time to be3.6 and 4,2minutes,
C. Emergency Medical Services — Basic Life Suppo
Basic Life Support (BLS) 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 yWedSb»r system. All Fort Worth Fire Department
personnel are certified an Emergency Medical Technician basic level or higher. All engines, trucks,
and rescue units carry Automated External Defibrillators for use with victims who are in cardiac
arresL
Emer.gency Medical Services — Advanced Life Support
Advanced Life Support response provided by MedStar is greater than Q minutes tothe proposed
annexation area with a potential of at least a 30-minute transport time to the nearest trauma center.
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. For residential
coUoot|ons, private solid waste service providers under contract with the City will provide services.
Residential customers using the services of a privately owned solid waste management service
provider other than the City's contracted service provider may continue to use such services until the
second anniversary of the annexation.
At the discretion of the customer, private service providers may provide solid waste collection
services for businesses and multi-family dwelling complexes having three ormore units. Private
solid vvmaha collection providers must have an active Grant of Privilege issued by the City of Fort
Worth to provide service within the city limits.
E. Operation and Maintenance of Water and Wastewater Facilities
All other existing homes and businesses that are using water well and on-site sewer facilities (and
therefore have service) can request connection to the Fort Worth system (receiving up to 200 LF of
water and sewer extension at City cost for each existing homes or business) in accordance with the
"Policy for the Installation of Community Facilities".
Vacant properties' water and sewer extensions will be installed by the Developer in accordance with
the "Policy for the Installation of Community Facilities",
The following services will be provided in the Annexation Area commencing omthe effective date of
the annexation, unless otherwise noted.
These services include emergency pavement repair and repair maintenance of public streets on an
as-needed basis, Preventive maintenance projects are prioritized on a region-wide 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 by the City,
AX-08-007 6400 block of Boat Club Road
Exhibit B
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 ufFort
VVndh.
The City will also provide rmgu|aiurysignage oan/icoo in the Annexation Area. Traffic mignal, sbop,
and all other regulatory studies are conducted in conjunction with growth nf traffic volumes. All
regulatory signs and signals one installed when warranted following an engineering study. Faded,
vandaUzed, ur missing signs are replaced as needed. ~CALL BACK" service is provided 24 hours o
day, 3G5 days o year for emergency sign repair.
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 ChY' 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 padm, playgroums, swimming pools and other recreational and community facilities within
this property shaU, 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
PROGRAM FOR PROVIDING ADDITIONAL SERVICES
|n addition to the services identified above, the following services will be provided in the Annexation Area on
the effective date nf the annexation, unless otherwise noted:
A. The residents of the Annexation Area will receive the following library services from the Fort Worth
Library commencing on the effective dote of the annexation.
Genealogy, Local History and Archival Collections
Youth & Teen Services
Interlibrary Loan to borrow materials from collections of 10,000 libraries
Telephone, Mail and E-mail Reference Services
Remote access tu over 50 online databases
U.@..Texas and City of Fort Worth documents
Free computer classes for the public
Large Print Books
B, The City will provide general municipal administration and administrative services.
C. The Annexation Area will be included in the Transportation and Public Works Department's Storm
Water Utility service area. Properties in this area will be assessed a monthly fee based on the
amount of impervious surface. The fees will cover the direct and indirect costs of storm water
management services, including routine maintenance (at current citywide service levels) for all public
drainage channels and for all public storm sewers within dedicated public drainage easements, The
Storm Water Utility will also provide watershed development review and inspection,
|n addition bVresidential solid waste collection services, the Environmental Management Department
will provide the following services:
Emergency spills and pollution complaints response;
Storm sewer discharge pollution prevention" and
Water quality assessments for creeks.
AX-08-007 6400 block of Boat Club Road
Exhibit B
D. Enforcement of the City's code and environmental health ordinances and regulodona. that include
but not limited b>: high weeds and graao, trash and debris, solid vvasbe, hash carts and illegal
dumping, junked and abandoned vehicles, zoning, food handlers, and animal control 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 ofthe annexation.
E The City's bui|ding, p|umbing, mechanical, electrice, and all other construction codes will be
enforced within the Annexation Area beginning with the effective date of the annexation.
F. The City's zoninQ, eubdkvimion, aign, 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 VVorUh, but not mentioned obove, will be provided
ho the Annexation Area beginning on the effective date of the annexation.
3. PROGRAM FOR PROVIDING FULL MUNICIPAL SERVICES WITHIN 2-1/2YEARS
In addition to the uen/icna 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 uaa, and population density constitute a sufficient basis for providing different levels of
service, no later than two and one-half (2-1/2) years after the effective date of the annexation. If full municipal
services cannot be reasonably provided within the aforementioned time period. the Qty will propose n
schedule for providing said services within a period of four and one-half (4-1/2) years after the effective date of
the annexation, and/or upon commencement of development of a subdivision within this property, whichever
occurs later.
"Full municipal services" are services provided by the annexing municipality within its full-purpose
boundaries, excluding gas or electrical service. The City shall provide the services by any of the methods by
which it extends the services to any other area of the City.
4~ CAPITAL IMPROVEMENTS PROGRAM
The developer will initiate acquisition or construction of capital improvements necessary for providing full
municipal services adequate to serve the Annexation Area. Any such construction shall besubstantially
completed within two and one-half (2-1/2) years after the effective date of the annexation. If unpibs1
improvements necessary for providing full municipal services for the Annexation Area cannot be reasonably
constructed within the aforementioned time period, the City will propose o schedule for providing said
services within a period of four and one-half (4-1/2) years, and/or upon commencement of development of
subdivision within this property. whichever occurs later.
Acquisition or construction shall be accomplished by purchase, lease, or other contract. Any su
construction shall be accomplished in a continuous process and shall be completed as soon as reasonab
possible, consistent with generally accepted local engineering and architectural standards and practices I
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, Currently, Fire Station 13 has a 3.6 minute response time to the Annexation Area,
Need for construction of new facilities will be assessed periodically based on population growth,
predicted growth and call volume,
C. Solid Waste Collection. No capital improvements are necessary at this time to provide solid waste
collection services to the Annexation Area,
AX-08-007 6400 block of Boat Club Road
Exhibit B
D. Water and Wastewater. Aa development and construction ofsubdivisions commence within this
property, the property owner in accordance with provisions of the City's Subdivision Ordinance and
other applicable poicies, ordinanoes, and regulations will extend water and sewer mains. City
pordoipedkzn in the costs of these extensions aheU 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 U| of
the City's Policy for the "Installation Policy of Community FaciUties".
The developer shall cause toboconstructed all water and wastewater facilities required to
provide service to the dovelopment, subdivision. or lot/tract. The developer shall be
responsible for 10096 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 bo
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 inthe
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 rotes established by City ordinances for such een/ioo at the normal rates charged
throughout the City.
E Roads. Future capital improvements at an estimated cost of$2,2O0.O00 are required for the future
reconstruction of Cromwell Marine Creek Road for X2 of a 4-lane divided arterial street.
F. Storm Water Utility. No capital improvements are necessary at this time to provide drainage
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 oases. 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
Park, 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 Publicl � Owned Facilities Buildin or Services, Additional S - 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.
Notwithstanding any other provision of this service plan, a landowner within the Annexation Area will not be
required ko fund capital improvements necessary bo provide munhciDm services ina 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
COUNCIL ACTION: Approved on 1/612009 - Ord. No. 18430-01-2009
DATE: Tuesday, January 06, 2009 REFERENCE NO.: PZ-2808
LOG NAME: 06ADOPTAX008007
SUBJECT:
Institution and Adoption of Ordinance for the City-Initiated Annexation of Approximately 25.7 Acres of Land
in Tarrant County, Texas, Located South of Cromwell Marine Creek Parkway and East of Boat Club Road
It is recommended that the City Council consider the institution and adoption of an ordinance for the City-
initiated annexation of approximately 25.7 acres of land in Tarrant County, Texas, located south of
Cromwell Marine Creek Parkway and east of Boat Club Road (AX-08-007, Area 54, 6400 block of Boat
Club Road).
DISCUSSION:
On September 30, 2008, (M&C G-16296) the City Council approved the timetable for the full-purpose
annexation of the above referenced property into the City of Fort Worth. Public hearings concerning the
annexation request were held as required by state law on December 2, 2008, and December 9, 2008. The
institution and adoption of the attached ordinance completes the annexation process.
The subject property is situated within the extraterritorial jurisdiction of the City of Fort Worth, generally
located at the southeast corner of the Boat Club Road and Cromwell Marine Creek Parkway intersection.
The property is entirely surrounded by the City of Fort Worth. The land currently contains two commercial
sites and vacant land. No immediate plans for additional development are noted.
The fiscal impact analysis shows that the property and improvements will provide a cumulative positive
impact to the General Fund beginning with the fourth year of annexation.
The Police Department has estimated an impact of $2,937.00 for the first year of service calls and the
Transportation and Public Works Department has estimated $2,000.00 annually for roadway
maintenance. Other General Fund services and costs have been estimated at an impact of $31,205.00
due to anticipated calls for service to the proposed annexation area in the first year, which will be offset by
revenues generated.
FISCAL, INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget of the various City departments, as appropriated, in the General Fund-
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ATTACHMENTS
1. Exhibit A - Area 54 w zoning &_inset map.pdf (Public)
2. Ordinance AX- 8- 007.dc (Public)
3. Service Plan AX- 08- 007,doc (Public)