HomeMy WebLinkAboutContract 54876 PA
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Al 202° CO -TRACT NO. 5 q 91(D
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MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS AND
RUSSELL AND KELLI RAGSDALE, NOLIN AND SAMMYE RAGSDALE,I AM ONE,
INC., CORNERSTONE BIBLE CHURCH, RANDAL DWAYNE MAHAN,LITSEY
PROPERTY,LLC,AND LOVJOT MANSHIANA AND MANJOT MASHIANA.
This Municipal Services Agreement ('Agreement") is entered into on _�� day of
nQn by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas, ("City") and the following owners (collectively,
"Owner"): 1) Russell and Kelli Ragsdale; 2)Nolin and Sammye Ragsdale; 3) I AM ONE, Inc.; 4)
Cornerstone Bible Church; 5) Randal Dwayne Mahan; 6) Litsey Property, LLC; and 7) Lovjot
Mashiana and Manjot Mashiana.
RECITALS
The parties agree that the following recitals are true and correct and form the basis
upon which the parties have entered into this Agreement.
WHEREAS, the City is currently classified as a Tier 2 municipality for purposes of
annexation under the Texas Local Government Code ("LGC");
WHEREAS, Section 43.0671 of the LGC permits the City to annex an area if each owner
of land in an area requests the annexation;
WHEREAS, where the City elects to annex such an area,the City is required to enter into
a written agreement with the property owner(s)that sets forth the City services to be provided for
the Property on or after the effective date of annexation (the "Effective Date");
WHEREAS, Owner owns certain parcels of land situated in Denton County,
Texas, which consists of approximately 64.57 acres of land in the City's extraterritorial
jurisdiction, such property being more particularly described and set forth in Exhibit "A"
attached and incorporated herein by reference ("Property");
WHEREAS, Owner has filed a written request with the City for full-purpose annexation
of the Property, identified as Annexation Case No. AX-20-001 ('Annexation Case");
WHEREAS, City and Owner desire to set out the City services to be provided for the
Property on or after the effective date of annexation;
WHEREAS,the Annexation Case and execution of this Agreement are subject to approval
by the Fort Worth City Council; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, City and Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the
OFROAL RECURV)
Owner-Initiated Annexation Service Agreement J' ' A
,d�r 04,.
FT. MATHI-rx
Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full,
available municipal services to the Property in accordance with state law, which may be
accomplished through any means permitted by law. For purposes of this Agreement, "full
municipal services" means all services provided by the City within its full-purpose
boundaries, including water and wastewater services and excluding gas or electrical service.
3. MUNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the municipal services
set forth below. As used in this Agreement, "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,rules, regulations, and policies.
i. Fire —The City's Fire Department will provide emergency and fire protection
services.
ii. Police — The City's Police Department will provide protection and law
enforcement services.
iii. Emergency Medical Services — The City's Fire Department and MedStar (or
other entity engaged by the City after the Effective Date)will provide emergency
medical services.
iv. Planning and Zoning—The City's Planning and Development Department will
provide comprehensive planning, land development, land use, and building
review and inspection services in accordance with all applicable laws, rules,
and regulations.
v. Parks and Recreational Facilities—Residents of the Property will be permitted
to utilize all existing publicly-owned parks and recreational facilities and all such
facilities acquired or constructed after the Effective Date(including community
service facilities, libraries, swimming pools, etc.), throughout the City. Any
private parks, facilities, and buildings will be unaffected by the annexation;
provided, however, that the City will provide for maintenance and operation of
the same upon acceptance of legal title thereto by the City and appropriations
therefor. In the event the City acquires any other parks, facilities, or buildings
necessary for City services within the Property,the appropriate City department
will provide maintenance and operations of the same.
vi. Other Publicly Owned Buildings—Residents of the Property will be permitted
to use all other publicly owned buildings and facilities where the public is
granted access.
vii. Stormwater Utility Services — The Property will be included in the City's
Stormwater Utility service area and will be assessed a monthly fee based on the
amount of impervious surface. The fees will cover the direct and indirect costs
of stormwater management services.
viii. Roads and Streets (including Street li htg ins) —The City's Transportation and
Public Works Department will maintain the public streets and streetlights over
which the City has jurisdiction. The City will provide regulatory signage
Owner-Initiated Annexation Service Agreement 2 of 7
services in accordance with the City policies and procedures and applicable
laws.
ix. Water and Wastewater to Existing Structures — Occupied structures that are
using water-well and on-site sewer facilities on the Effective Date may continue
to use the same. If a property owner desires to connect an existing structure to
the City water and sewer system,then the owner may request a connection and
receive up to 200 linear feet of water and sewer extension at the City's cost for
each occupied lot or tract in accordance with the City's "Policy for the
Installation of Community Facilities" and applicable law. Once connected to
the City's water and sanitary sewer mains, the water and sanitary sewage
service will be provided by the City at rates established by City ordinances for
such service.
x. Solid Waste Services—The City will provide solid waste collection services in
accordance with existing City ordinances and policies, except where prohibited
by law.
xi. Code Compliance — The City's Code Department will provide education,
enforcement, and abatement relating to code violations within the Property.
xii. Full Municipal Services — Commencing on the Effective Date, the City will
provide to the Property all services provided by the City within its full-purpose
boundaries and not otherwise listed above, except as provided in Section 3(b).
b. The City will provide water service and wastewater treatment service to developments
established after the Effective Date in accordance with, and on the schedule
determined by, the City's extension policies and applicable law and at rates
established by City ordinances for such services.
c. It is understood and agreed that the City is not required to provide a service that is
not included in this Agreement.
d. Owner understands and acknowledges that the City departments listed above may
change names or be re-organized by the City Manager. Any reference to a specific
department also includes any subsequent City department that will provide the same
or similar services.
4. SERVICE LEVEL. The City will provide the Property with a level of services,infrastructure,
and infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the City with topography, land use, and
population density similar to those reasonably contemplated or projected for the Property.
5. AUTHORITY. City and Owner represent that they have full power, authority and legal right
to execute, deliver and perform their obligations pursuant to this Agreement. Owner
acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City
Council.Nothing in this Agreement guarantees favorable decisions by the City Council.
6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to
be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability
will not affect the validity of any other part,term or provision,and the rights of the parties will
be construed as if the part,term, or provision was never part of the Agreement.
Owner-Initiated Annexation Service Agreement 3 of 7
7. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation
relating to this Agreement, the terms and conditions of the Agreement will be interpreted
according to the laws of the State of Texas. The parties acknowledge that they are of equal
bargaining power and that each of them was represented by legal counsel in the negotiation
and drafting of this Agreement.
8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division and construed in conformity with the provisions of Texas Local Government
Code Chapter 43.
9. NO WAIVER. The failure of either party to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted hereunder shall not constitute a
waiver of that party's right to insist upon appropriate performance or to assert any such right
on any future occasion.
10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the
City does not waive or surrender any of its governmental powers or immunities.
11. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
12. CAPTIONS. The captions to the various clauses of this Agreement are for informational
purposes only and shall not alter the substance of the terms and conditions of this Agreement.
13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH THE
LAND. This Agreement is binding on and inures to the benefit of the parties,their successors,
and assigns. The term of this Agreement constitutes covenants running with the land
comprising the Property, is binding on the Owner and the City, and is enforceable by any
current or future owner of any portion of the Property.
14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties and supersedes all prior oral and written agreements between said parties. This
Agreement shall not be amended unless executed in writing by both parties.
Executed as of the day and year first above written to be effective on the effective date of
annexation of the Property.
Owner-Initiated Annexation Service Agreement 4 of 7
CITY OF FORT WORTH
By: W
Dana BtOghdoff
Assistant City Manager
Approved as to Form and Legality:
- I
Mel}
Senior Assistant City Attorney
A s OR
ry Kayser
City Secretary
Approvals: f� ; i�,
M&C 0-01043 o9lislan �`
Ordinance No.
ii13 Ia95: aoao- wloau
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the ' day of 6 W4YLO , 201e,
by Dana Burghdoff, Interim Assistant City Manager of the City of Fort Worth, a Texas
municipal corporation, on behalf of said corporation.
ByC�
SELENA ALA
Notary Public, State of Texas , ;-' Notary Public, State of Texas
° P Comm. Expires 03-31-2024
Notary ID 132422528
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Owner-Initiated Annexation Service Agreement 5 of 7
PROPERTY OWNER
4""�4"ta
Russell Ragsdale
Kelli Ra sdale
STATE OF §
COUNTY OF O t q A/ §
This instrument was acknowledged before me on the.day of J U L� , 20M,
by Russell Ragsdale.
—'9 / �� //. CHRI�STOPHER RYAN
By:� � �� �_ `�1PpY P,je
�"• � csNotary Public,State of Texas
Comm. Expires 02.05-2022
NotaryPublic
Notary IQ 131437275
STATE OF � �� §
COUNTY OF VE-NTa/V' §
This instrument was acknowledged before me on the 17Clay of , 20.7
by Kell Ragsdale.
y r--f — — `���Pyp�/i�� CHRF`3TOPHER RYAN
P
' e�':Notary Public, State of Texas
• ; Q� Comm. Expires 02-05-2022
Notary Public '�;oi;;; Notary IR 131437275
GAY WORVH,71 is
Owner-Initialed Annexation Service Agreement
PROPERTY OWNER
Nolin Ragsdale
�C
Sammye Ra dale
STATE OF §
,
COUNTY OF §
This instrument was acknowledged before me on the "`f' day of , 20,,26
by Nolin Ra sdale.
KIMBERLY E THOMAS
*; *_Notary Public,State of Texas
By: ='"sec Comm,Expires 08=23-2021
�9r +` Notary ID 179426-8
Notary Public
STATE OF §
COUNTY OF i� §
This instrument was acknowledged before me on the day of _, 20
by Sammye Ragsdale.
KIMBERLY E THOMAS
*=Notary Public,State of Texas
[3y; _ Ni9P Comm.Expires 08-23-2021
oF�;,�` Notary ID 179426-8
Notary Public
—
c M:a L R
arv,�SOCl E11'NX17
-A
Owner-Initiated Annexation Service Agreement 7 oF7
PROPERTY OWNER
I AM ONE, Inc.,
a Texas incorporated company
By:
Robert Courtney Ragsdale, resident — C�
STATE OF
COUNTY OFZj A�� §
This instrument was acknowledged before me on the "� day oQ , 20ao
by Robert Courtney Ragsdale,as President of I AM ONE, Inc., a Texas incoi rate c mpany,on
behalf of said 'ncorporated company.
����...�Ve KIMBERLY E THOMAS
' Y P `
*; *=Notary Public,State of Texas
By: 9•.!/�,P�:Comm.Expires 08-23-2021
Notary ID 179426-8
Notary Public
CCRY
Owner-Initiated Annexation Service Agreement 8 of
PROPERTY OWNER
Cornerstone Bible Church
By:
eS act,/-
Signature Title
Printed Name
STATE OF —7-46, S §
COUNTY OF beA §
This instrument was acknowledged before me on the day of JLj- 20�
by (Name, Title) of Cornerstone Bible Church.
By: 'G `- \��,pYP����I ABIGAIL READ
Notary Public,State of Texas
Notary Public 3�'�9 - Comm.Expires 07-30-2023
Notary ID 132108850
Owner-Initiated Annexation Service Agreement 9 o1'7
PROPERTY OWNER
Randal Dwayne Mahan
STATF, OF §
COUNTY OFF §
This instrument was acknowledged before ]ne on the day of 20.Y
by Randal Dwayne Mahan.
By: � _.
SUSAN MAHAN
Notary Public `* `I MY Notary IQ#125021037
„ Expires August 13,2020
Ut;°ROAiI RK0 RD
Owner-Initiated Annexation Service Agreement 10 o£7
PROPERTY OWNER
Litsey Property, LLC
a Texas limited liability company
By:
Si ature t Title
Printed Name
STATE OF §
COUNTY OF §
by7Its instru ent ackno edged before me on the (day of , 2QD
(Name,Title)of Litsey Property,L C,ajexas limited
liability ompan), on behalf of said limited liability company.
By:
Notary.Public �� LaVada Johnson
MY Commission E fires
08/02/2023 x P
�OF ID No.3687694
.L�i C-kin
Owner-Initiated Annexation Service Agreement 11 oP7
PROPERTY OWNER
Lovjot Mashiana
Manjot Mashiana
r
. f
Lovjo Mashiana
Manjot a �1 an-
STATE OF 4 §
COUNTY OFa .,
This instrument was acknowledged before me on the clay of , 20d-6
by Lovjot Mashiana.
LAUREN ENDSLEY
`J�pAY npe��
Notary Public,state of Texas
Comm. Expires 04-21-2024
I ublic
Notary ID 132445237
otary
--------
STATE OF J §
COUNTY OF §
This instrument was acknowledged before me on the AL day of , 20c:kG
by Manjot Mashia
`o, LAUREN ENDSLEY
r '}�h'Notary Public,State of Texas
iC ��9F : Comm.Expires 04-21-2024
�iu``� Notary ID 132445237
�Ca= "A
Owner-Initiated Annexation Service Agreement 6 of 7
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner-Initiated Annexation Service Agreement 7 of 7
EXHIBIT A
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Owner-Initiated Annexation Service Agreement 1 of 3
EXHIBIT A
Continued
66ANNEXATION DESCRIPTION"
BEING a tract of land situated in the Archibald RoNnson Survey,Atstracil No. 1119,and the Allen
Henderson Survey,Abstract No.596, Denton County,Texas and being a part of a called 117-3054
acre tract of landdescribed irr.the 4'wTanty Deed to Nvlin Ragadalie recorded in Volume
Page 83, Deed Records, Oantan Charily, Texas; and being ail of a called 1_00 ecaa ttact.of lardd
described in the Warranty Deed to Russag Ragsdale.and wife, Kdlh Lynan Ragsdale, recorded in
Instrument No.0--R 1113=4,Official Records,Denton County,Texas;part of o called 40.00 acre
tract of land deucribed in the Warranty Deed to I AM C)NE, INC., recorded to Instrument No. 99-
R=7320, Otflclal Records, Denton County, Texas; a part of a called -5.11 acre tract of lend
described in the Warranty Deed Yeith Vandoes lien, to Cornerstone Bible C;hach, re<-,orded 01
Instrument No,.2017-20595, Official Re-.ords, Denton County, Texas; H pant of a catleid 1.124 acre
tract of land described in a Warranty Deed wKh Vendor's Lien, to Lltsay Propertyr LI_C, recorded
in Irmtrumont No. 201�35010, Official Records, Denton County, Texas, part of a, called 5,001
acre tract of land described in the General Warranty Deed with Vendor's I-Win, to Randal Dwayno
Mahan, recorded in Instrument No. 2013-66380, Official R"axis, Denton Cmnty,Titus; a part
01 a called 5,0 acre tract of land described in Dead to Bluestone Natural Resomes Il, LLC,
recorded In Instrurnant No.2016-40923,Official Records,Denton County,Texas,and being rnrwe
psrliculady -described in Inetrunnent No, 2413-1;57(K1, Off offal Rocords, Denton County, Texas,
and being more particularly described as follows;
BE-GINNING at the norttmftt.corner or said 11 T354 acne tract of land and being In the east line
of a called 92.202 acre tract of land described in the Dedicaftin need to the C 4y of f=oi'tMr-1h,
Texas., recorded In Instrument Nca_ 2019-83300. Official Records, Denton County. Texas, and
being in the rAd south right-of-way lire of latsay Road(a variable w1doi prescrfplive right-of-way)
and the south line of that-called 33'7,706 note tract of lard desuibed in the City of Fort Worth
Ordinance No, 14387, which annexed a total of 405.525 acres into the City of Feat Worth
(Annexation Casa No.A-00=42 dated November 14,2000);
Tl ENCE with said ord south right-of-way Dine of Litsey Read and the north one of said 117-364
acre tract of land,and the north line of said 0.0312 acre tract, and the north line of said 5.11 acre
tract.and said south line of said 337.765 more tract, the following courses and distances:
North 8V2210V East, a distance of 790.23 feat
North 5G'13T2T East, a, distance of 33107 feet the riarthytest cOgner of a called 0.0303
acre tract of land described in the Special 'warranty Dead to Denton County, Texas,
nacotoled In Voluma 5549, Page 131, Official Records, Denton County.,Texas, find being
In the new south right-of-way line of Litsey Road (a variable width right-or-way) and the
tmoinning of a non-tangent.curvy to the right having a contfal angle of 5045'54', a radius
of 1,250.00 feet; and a chord bearing and distance of;oulh ti504512` IEatw, 148.68 fast:
THENCE in a sovtheasterly direction with said curve to the right and said new south right-of-
way line of Cagey Road an are distanca of 148,77 feet;
THENCE centlnuorig vMh said now south right=of-wayr tine of Llisey Road, North 09"48'51' East,
a distance of 52,39 feet;
1 kof 4
Owner-Initiated Annexation Service Agreement 2 of 3
EXHIBIT A
Continued
THENCE leswirig Bald new south right-of-way uric of Lltsoy Road, over and across.said 5.11 acre
trot; said 1124 acre tract Bald 5,501 acre tract, said 117,364 acre tract; saitid 40.DO a4to tract
and said 5,0 acre tract,the folio wirxj ooursea and distanicaa:
South f'OB143"East: a distance of 302.27 feat to the beginning of a tangent curve to the
Bight liavhng a central angle of 37"50'45", a radium of 535_Co f"l, a chord bearing and
distance of South 189464V'West, M7.0.0 feet;
In a sout.t westarly direrAon, with said curve to tho right, an ;art diakanoe of 853.39 feet to
A print for corner,
South 3742'02"Weal a dislarwa of+457.11 feet to a point in the west ling, of sast1 '10'bo
acre track;
South 37°4702"Arent, a distance of 50,8.80 feat to the beginning of a tangent curve to
the left having a oe*a1 ang;ie of 74051129', a radius of 575_00 feei. a chord bearing and
diatance of South 01161t8l'Wask 698.,94 feet,
In a southwesterly direction,with easid curve to tha;aft, an arc distance of 751,25 feet;
South 37°0 B"East,a distance of 119.51 feet to the northwest comer of Lot 1, Block 31,
Seventeen Lakes, an addition to the City of Fort Worth,Torras,accordIng to the plat thereof
record in Insirumeflt No,2513-vio,Official Records,Denton county.Texas,akw being at
the rto&terminus Ilrta of Backwater Nay(a 50-foot right of-way)and t>eing in a nodli lime
of a cabled 201.6629 acre.trot of lard descrilaed in the City of Fort Wort1h Ordinance Ro.
14066, wbich annexed a total of 282.001 acres tnlo the City of Fort Worth (Aninexation
Case No. ,A-99-11 dated,lanuary 11, 200D)
THENCE South 60'5D`26'V'1esl,with the comm,on line of said,201.582-9 acre tract and said north
terminus line of 6aackvraler Way, a distance.of 50.49 feet to the north cofner of Lot 55, Flock 25,
of seed Sevsntean Lakes addition,
THENCE over arvt across Wd 5.0 acre tract and said 40.00,acre tract, tM following cou rse5 and
dial n ia:
North 37`'09'2&'1i'Psi, a distance of 112.48 feet to a paint at the beginning of a tangent
curve to the right having a central angle of 4Tt19'47", a racilus of 025-00 feet, a chord
bearing and cWstance of North 14'04'32"Vr ezjt,400,05 feet;
In a northwesterly direction, with said ourve to the right, an arc distance of 503,65 feet to
ai point Ins said west 11ne of the 40-00 acre Tract;
THENCE with eaid weet line of the 40,00.acre tracl, Soutlk 581197R, '�d'e�t, a distance tit 157_93
fee,
THENCE South 18"4G'42"West, over and across sand 40.90 acre tract, passing dt a ui3tance of
300.97 feet an ard.6 point the west fine of Bait#400i acre tract, corLlistuing ulong said west lire
in all for a distance of 464.66 feet;
2 Gf of
Owner-Initiated Annexation Service Agreement 3 of 3
EXHIBIT A
Continued
THENCE South 89"11 1401 Wost, over and acro$s said 117,364 acre tract, a diStOnOa Of 5)16-06
feet a paint iin the common Noe of said t17.364 acre tract and the aforementioned 92.202 aere
tract,sam being an east illne of a caliied 1,390,978 ac re tract of land described in the City.of Fort
Worth.Ordinance No. t4357.which annexed atotal of 1,3.92.074 acres into,the City of raft Worth
(Annexation Cam No_ G-W90 doted ,tune 26, 1 SBS)
THENCZ with the said cannmon line and east line of said 1,390.676 acre trot, the following
urses and distances,
North 21 01IY21"East, a distance,of 4B2,,94 fret;
North 15YV50"14"9J1Fiest, a distance of 671.34 feet;
Nom €'20'21"East,a distance of 61,74 feet;
North 6443914" East, a distance- of 1,153,02 feet;
North 1`2026" East, a distarir.e of 7E8,27 Feet to the POINT OF ElEGIt3 NING _ard
oantaining 64.57 acres of rand more or teae.
This documeM was prrparad Mintier 22 TAC' §663.21, dries not reflect tho mutts of an on the
ground survey, and Is not to be used to conwey or establiab intereele in real property except those
rights and Interests implted or established �y the creation or reconfiguration of the boundary of
the politeoat subdivision for whwh it was Prepared,
or
r ",4 u T Z
love•!, 4v . FM •
3 Of+t
Owner-Initiated Annexation Service Agreement 4 of 3
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/15/20 M&C FILE NUMBER: M&C 20-0643
LOG NAME: 06AX-20-001:OWNER-INITIATED ANNEXATION, ORDINANCE
SUBJECT
(Future CD 7)Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner-
Initiated Annexation of Approximately 64.60 Acres of Land in Denton County, Known as Litsey Creek Cottages, Located East of 1-35 West and
South of Chadwick Farms Subdivision along Litsey Road, in the Far North Planning Sector,AX-20-001
(PUBLIC HEARING-a. Report of City Staff: Mary Elliott; b. Public Comment;c. Council Action: Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct public hearing for the proposed owner-initiated annexation of approximately 64.60 acres of land in Denton County located east of I-
35 West,south of the Chadwick Farms subdivision along Litsey Road as shown on Exhibit A;
2. Authorize Execution of Municipal Services Agreement between the City and property owners, 1)Nolin&Sammye Ragsdale;2)Russell&
Kelli Ragsdale;3)Randal Dwayne Mahan;4) 1 AM ONE, Inc;5)Cornerstone Bible Church; 6)Litsey Property, LLC;and 7)Bluestone Natural
Resources 11, LLC; and
3. Adopt ordinance annexing AX-20-001 for full purposes.
DISCUSSION:
On July 17,2020, representatives for the property owners 1)Nolin&Sammye Ragsdale;2)Russell&Kelli Ragsdale;3)Randal Dwayne Mahan;
4)1 AM ONE, Inc; 5)Cornerstone Bible Church;6)Litsey Property, LLC; and 7)Bluestone Natural Resources 11, LLC,submitted an application for
full-purpose annexation of the property shown on Exhibit A into the City of Fort Worth. The subject property is located entirely in that portion of the
City's extraterritorial jurisdiction which is in Denton County. The site is located east of 1-35 West,south of the Chadwick Farms subdivision along
Litsey Road. The owner-initiated annexation contains approximately 64.60 acres of land. The subject area is currently agricultural,church,
residential and vacant land. The property is proposed for residential type development. The case was heard by City Plan Commission on August
25,2020 and made an approval recommendation to City Council.
On August 12th,the related zoning case(ZC-20-080)was heard by the Zoning Commission,and the commission voted to recommend approval of
the requested zoning to City Council. The requested zoning is PD/CR Planned Development for all uses in"CR"Low Density Multifamily plus
cottage community;with development regulation standard to MFD Multifamily Development submission and fencing/signage within the front yard
setback,site plan included for cottage community only.
Subchapter C-3 of Chapter 43 of the Texas Local Government Code(LGC)provides for the process of annexation of an area upon a request of an
owner of land. Section 43.0672 of the LGC requires a municipality that elects to annex an area upon the request of an owner first negotiate and
enter into a written agreement with the owners of land in the area for the provision of municipal services.
The agreement must include:
1. A list of each service the municipality will provide on the effective date of the annexation;and
2. A schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the
annexation.
The municipal services agreement includes these provisions in accordance with state law.
The proposed voluntary annexation abuts approximately 0.0303 acres of county right-of-way. Under Section 43.106 of the Texas Local Government
Code"a municipality that proposes to annex any portion of a county road or territory that abuts a county road must also annex the entire width of a
county road and the adjacent right-of-way on both sides of the county road."The annexation of the 0.0303 acres is the required right-of-way portion
of the county road.
The proposed uses were considered while assessing the financial impact to the General Fund. The city tax revenue is expected to have a positive
fiscal impact over the next 10 years after the proposed development has been built. Based on the operating costs projected from the Police,
Code Compliance and Transportation and Public Works Departments,the fiscal impact shows a slightly negative effect to the General Fund for the
first year, but will have a positive impact thereafter. Due to the area meeting the City's annexation criteria and the positive fiscal impact over the
next 10 years, Staff recommends approval of the requested owner-initiated annexation,AX-20-001.
The City Council will conduct a public hearing on the proposed annexation. The public hearing is an opportunity for persons interested in the
annexation to be heard. Once the City Council has conducted the required public hearing, Council may close the hearing and vote on
authorizing the City Manager to execute the Municipal Services Agreement between the City and property owners and adopt an ordinance