HomeMy WebLinkAboutOrdinance 23593-03-2019ORDINANCE NO. 23593-03-2019
AN ORDINANCE DECLARING CERTAIN FINDINGS;
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY
LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR
FULL -PURPOSE ANNEXATION OF A CERTAIN 45.36 ACRES OF
LAND, MORE OR LESS, OUT OF THE HIRAM LITTLE SURVEY,
ABSTRACT NUMBER 930, IN TARRANT COUNTY, TEXAS (CASE
NO. AX-18-008) WHICH SAID TERRITORY LIES ADJACENT TO
AND ADJOINS THE PRESENT CORPORATE BOUNDARY
LIMITS 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, the City of Fort Worth has received a petition in writing from
Mentone Partners, LLC, the owner, requesting the full -purpose annexation of 45.36 acres
of land as described in Section 1, below (the "Property"); and
WHEREAS, the hereinafter described Property is in the City's exclusive
extraterritorial jurisdiction and is adjacent to and adjoins the City; and
WHEREAS, the City is a Tier 2 municipality for purposes of annexation under
Chapter 43 of the Texas Local Government Code ("LGC"); and
WHEREAS, Subchapter C-3 of the LGC permits the City to annex an area if each
owner of land in an area requests the annexation; and
WHEREAS, in accordance with Subchapter C-3 of Chapter 43 of the Texas Local
Government Code, the City section 43.0672 of the Texas Local Government Code,
Roanoke Ranch & Investment, L.P. and the City negotiated and entered into a written
agreement, City Secretary Contract No. (7) , for the provisions of municipal
services in the area; and
WHEREAS, the City conducted two public hearings at which members of the
public who wished to present testimony or evidence regarding the Municipal Service
Agreement and Full -Purpose Annexation were given the opportunity to do so, in
accordance with the procedural requirements of Section 43.0673 of the Local Government
Code on February 5, 2019 at 7:00 p.m., and on March 5, 2019, at 7:00 p.m., at the City
Council Chamber; and
WHEREAS, the City Council finds and determines that annexation of the Property
hereinafter described is in the best interest of the citizens of the City of Fort Worth and the
owners and residents of the area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That all portions of the Property, comprising approximately 45.36 acres of land, are
hereby annexed to the City of Fort Worth as a part of the city for all municipal purposes,
and the city limits are extended to include such Property being all that certain land
particularly described below and depicted as on Exhibit "A" attached to and incorporated
in this ordinance for all purposes:
BEING A TRACT OF LAND SITUATED IN THE HIRAM LITTLE SURVEY,
ABSTRACT NO. 930, TARRANT COUNTY, TEXAS, BEING THE REMAINDER OF
THE 81. 15-ACRE TRACT "A" AND THE REMAINDER OF THE 38.46- A C F; E
TRACT "B" DESCRIBED IN THE PARTITION DEED BETWEEN FRANCES RUTH
ROBINSON AND MARGIE NELL NORMAN RECORDED IN VOLUME 10573, PAGE
346, DEED RECORDS, TARRANT COUNTY, TEXAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A CORNER IN THE SOUTH LINE OF A 63.61-ACRE TRACT
DESCRIBED IN A DEED TO VARRICHIO PROPERTIES LLC BY DEED RECORDED
UNDER INSTRUMENT NO. 0213109103, DEED RECORDS, TARRANT COUNTY,
TEXAS, BEING NORTH 89° IF 42" EAST, 599.98 FEET FROM THE NORTHWEST
CORNER OF SAID NORMAN TRACT;
THENCE NORTH 890 11' 42" EAST WITH THE COMMON LINE BETWEEN SAID
63.61-ACRE TRACT AND SAID NORMAN TRACT, A DISTANCE OF 948.65 FEET
TO A POINT FOR CORNER IN THE COMMON LINE BETWEEN SAID 63.61-ACRE
TRACT AND SAID NORMAN TRACT, BEING THE NORTHEAST CORNER OF
THIS TRACT;
THENCE SOUTH 02" 2745" EAST A DISTANCE OF 1142.23 FEET TO A POINT
FOR CORNER, BEING A CORNER OF THIS TRACT;
THENCE SOUTH 170 01' 21" EAST A DISTANCE OF 287.43 FEET TO A POINT FOR
CORNER, BEING A CORNER OF THIS TRACT;
THENCE SOUTH 000 08' 22" EAST A DISTANCE OF 143.59 FEET TO A POINT FOR
CORNER IN THE NORTH LINE OF OAK GROVE ACRES, SECTION TWO, AN
ADDITION TO TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT
RECORDED IN VOLUME 388-78, PAGE 28, PLAT RECORDS, TARRANT COUNTY,
TEXAS AND THE SOUTH LINE OF SAID NORMAN, BEING A SOUTHEAST
CORNER OF THIS TRACT;
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THENCE SOUTH 880 56' 42" WEST WITH THE COMMON LINE BETWEEN SAID
OAK GROVE ACRES, SECTION TWO AND SAID NORMAN TRACT A DISTANCE
OF 289.17 FEET TO A POINT FOR CORNER, SAME BEING AN ANGLE CORNER
OF SAID NORMAN TRACT;
THENCE SOUTH 890 18' 42" WEST WITH THE COMMON LINE BETWEEN SAID
OAU GROVE ACRES, SECTION TWO AND SAID NORMAN TRACT A DISTANCE
OF 13.58 FEET TO A POINT FOR CORNER, BEING THE SOUTHEAST CORNER OF
A 2.27-ACRE TRACT DESCRIBED IN A DEED TO AQUASOURCE UTILITY INC.
BY DEED RECORDED UNDER INSTRUMENT NO. D200055S65, DEED RECORDS,
TARRANT COUNTY, TEXAS AND IN THE SOUTH LINE OF SAID NORMAN
TRACT;
THENCE NORTH 000 21' 17" EAST WITH THE EAST LINE OF SAID 2.27-ACRE
TRACT A DISTANCE OF 345.06 FEET TO A POINT FOR CORNER, BEING THE
NORTHEAST CORNER OF SAID 2.27-ACRE TRACT;
THENCE SOUTH 890 18' 42" WEST WITH THE NORTH LINE OF SAID 2.27- A C R
E TRACT A DISTANCE OF 300.05 FEET TO A POINT FOR CORNER, BEING THE
NORTHWEST CORNER OF SAID 2.27-ACRE TRACT;
THENCE SOUTH 000 21' 17" WEST WITH THE WEST LINE OF SAID 2.27-ACRE
TRACT A DISTANCE OF 345.06 FEET TO A POINT FOR CORNER IN THE NORTH
LINE OF SAID OAK GROVE ACRES, SECTION TWO, BEJNG THE SOUTHWEST
CORNER OF SAID 2.27-ACRE TRACT AND IN THE SOUTH LINE OF SAJD
NORMAN TRACT;
THENCE SOUTH 890 18' 42" WEST WITH THE COMMON LJNE BETWEEN SAID
OAK GROVE ACRES, SECTION TWO AND SAID NORMAN TRACT A DISTANCE
OF 1077.87 FEET TO A POINT FOR CORNER IN THE EAST LINE OF A 10.5-ACRE
TRACT DESCRIBED IN A DEED TO JOYCE TERRANA BY DEED RECORDED IN
VOLUME 5827, PAGE 661, DEED RECORDS, TARRANT COUNTY, TEXAS, BEING
THE NORTHWEST CORNER OF SAID OAK GROVE ACRES, SECTION TWO AND
THE SOUTHWEST CORNER OF SAID NORMAN TRACT;
THENCE NORTH 000 03' 21" WEST WITH THE COMMON LINE BETWEEN SAID
10.5-ACRE TRACT AND SAID NORMAN TRACT PASSING THE NORTHEAST
CORNER OF A 7.00-ACRE TRACT DESCRIBED IN A DEED TO CECIL AND
KAREN BEDFORD BY DEED RECORDED IN VOLUME 17170, PAGE 12, DEED
RECORDS, TARRANT COUNTY, TEXAS AND THE SOUTHEAST CORNER OF
SAID PRIVATE DRIVE AT A DISTANCE OF 869.07 FEET TO A POINT FOR
CORNER IN THE EAST LINE OF A 5.07-ACRE TRACT DESCRIBED IN A DEED TO
D. NORMAN BY DEED RECORDED AS D212014064, DEED RECORDS, TARRANT
COUNTY, TEXAS, BEING THE NORTHWEST CORNER OF THIS TRACT;
Annexation—AX-18-008 Ordinance No. 23593-03-2019
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THENCE SOUTH 89" 13' 13" EAST A DISTANCE OF 572.97 FEET TO A POINT FOR
CORNER, BEING AN INSIDE ELL CORNER OF THIS TRACT;
THENCE NORTH 02" 0758" EAST A DISTANCE OF 707.53 FEET TO THE POINT
OF BEGINNING AND CONTAINING 45.36 ACRES OF LAND, MORE OR LESS.
THIS DOCUMENT WAS PREPARED UNDER 22 TAC §663.21, DOES NOT
REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE
USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT
THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE
CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL
SUBDIVISION FOR WHICH IT WAS PREPARED.
SECTION 2.
The above described territory is shown on Map Exhibit A attached hereto and
expressly incorporated herein by reference for the purpose of 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 the Municipal Services Agreement attached hereto as Exhibit "B" is approved
and incorporated into this ordinance for all purposes.
SECTION 5.
CUMULATIVE CLAUSE
This ordinance amends 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.
Annexation—AX-18-008 Ordinance No. 23593-03-2019
Page 4 of 6
SECTION 6.
SEVERABILITY CLAUSE
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.
SECTION 7.
SAVING CLAUSE
The City Council hereby declares it to be its purpose to annex to the City of Fort
Worth every part of the area described in Section 1 of this ordinance, regardless of whether
any part of such described area is hereby not effectively annexed to the City. 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 for full purposes, 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.
SECTION 8.
EFFECTIVE DATE
This ordinance shall be in full force and effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Melinda Ramos
Senior Assistant City Attorney
ADOPTED AND EFFECTIVE: March 5, 2019
Mary J. Kays9r }
City Secretary
Annexation—AX-18-008 Ordinance No. 23593-03-2019
Page 5 of 6
EXHIBIT A
ANNEXATION LEGAL DESCRIPTION
45.36-ACRES
BEING A TRACT OF LAND SITUATED IN THE HIRAM LITTLE SURVEY, ABSTRACT NO.930, TARRANT
COUNTY, TEXAS, BEING THE REMAINDER OF THE 81. 15-ACRE TRACT "A" AND THE REMAINDER
OF THE 38.46- A C R E TRACT "B" DESCRIBED IN THE PARTITION DEED BETWEEN FRANCES RUTH
ROBINSON AND MARGIE NELL NORMAN RECORDED IN VOLUME 10573, PAGE 346, DEED
RECORDS, TARRANT COUNTY, TEXAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A CORNER IN THE SOUTH LINE OF A 63.61-ACRE TRACT DESCRIBED IN A DEED
TO VARRICHIO PROPERTIES LLC BY DEED RECORDED UNDER INSTRUMENT NO.0213109103,
DEED RECORDS, TARRANT COUNTY, TEXAS, BEING NORTH 89° 11' 42" EAST, 599.98 FEET
FROMTHE NORTHWEST CORNER OFSAID NORMANTRACT;
THENCE NORTH 89' 11' 42" EAST WITH THE COMMON LINE BETWEEN SAID 63.61-ACRE TRACT
AND SAID NORMAN TRACT, A DISTANCE OF 948.65 FEET TO A POINT FOR CORNER IN THE
COMMON LINE BETWEEN SAID 63.61-ACRE TRACT AND SAID NORMAN TRACT, BEING THE
NORTHEAST CORNER OF THIS TRACT;
THENCE SOUTH 020 27' 45" EASTA DISTANCE OF 1142.23 FEETTO A POINT FOR CORNER,
BEING A CORNER OF THISTRACT;
THENCE SOUTH 17°01' 21" EASTA DISTANCE OF 287.43 FEETTO A POINT FOR CORNER, BEING
A CORNER OF THIS TRACT;
THENCE SOUTH 00° 08' 22" EASTA DISTANCE OF 143.59 FEETTO A POINT FOR CORNER IN THE
NORTH LINE OF OAK GROVE ACRES, SECTION TWO, AN ADDITION TO TARRANT COUNTY, TEXAS,
ACCORDING TO THE PLAT RECORDED IN VOLUME 388-78, PAGE 28, PLAT RECORDS, TARRANT
COUNTY, TEXAS AND THE SOUTH LINE OF SAID NORMAN, BEING A SOUTHEAST CORNER OF
THIS TRACT;
THENCE SOUTH 880 56' 42" WEST WITH THE COMMON LINE BETWEEN SAID OAK GROVE ACRES,
SECTION TWO AND SAID NORMAN TRACT A DISTANCE OF 289.17 FEETTO A POINT FOR CORNER,
SAME BEING AN ANGLE CORNER OFSAID NORMAN TRACT;
THENCE SOUTH 89° 18' 42" WEST WITH THE COMMON LINE BETWEEN SAID OAU GROVE ACRES,
SECTION TWO AND SAID NORMAN TRACTA DISTANCE OF 13.58 FEET TO A POINT FOR CORNER,
BEING THE SOUTHEAST CORNER OF A 2.27-ACRE TRACT DESCRIBED IN A DEED TO
AQUASOURCE UTILITY INC. BY DEED RECORDED UNDER INSTRUMENT NO. D200055S65, DEED
RECORDS, TARRANT COUNTY, TEXAS AND IN THE SOUTH LINE OF SAID NORMAN TRACT;
THENCE NORTH 000 21' 17" EAST WITH THE EAST LINE OF SAID 2.27-ACRE TRACT A DISTANCE
OF 345.06 FEETTO A POINT FOR CORNER, BEING THE NORTHEAST CORNER OF SAID 2.27-ACRE
Ovmer-Initiated Annexation Service Agreement 9 of 9
TRACT;
THENCE SOUTH 89° 18' 42" WEST WITH THE NORTH LINE OF SAID 2.27- A C R E TRACT A
DISTANCE OF 300.05 FEETTO A POINT FOR CORNER, BEING THE NORTHWEST CORNER OF
SAID 2.27-ACRE TRACT,
THENCE SOUTH 00° 21' 17" WEST WITH THE WEST LINE OF SAID 2.27-ACRETRACT A DISTANCE
OF 345.06 FEET TO A POINT FOR CORNER IN THE NORTH LINE OF SAID OAK GROVE ACRES,
SECTION TWO, BEJNG THE SOUTHWEST CORNER OF SAID 2.27-ACRE TRACT AND IN THE
SOUTH LINE OFSAJD NORMAN TRACT;
THENCE SOUTH 89° 18' 42" WEST WITH THE COMMON UNE BETWEEN SAID OAK GROVE ACRES,
SECTION TWO AND SAID NORMAN TRACTA DISTANCE OF 1077.87 FEETTO A POINT FOR CORNER
IN THE EAST LINE OF A 10.5-ACRE TRACT DESCRIBED IN A DEED TO JOYCE TERRANA BY DEED
RECORDED IN VOLUME 5827, PAGE 661, DEED RECORDS, TARRANT COUNTY, TEXAS, BEING THE
NORTHWEST CORNER OF SAID OAK GROVE ACRES, SECTION TWO AND THE SOUTHWEST
CORNER OF SAID NORMANTRACT;
THENCE NORTH 00° 03' 21" WEST WITH THE COMMON LINE BETWEEN SAID 10.5-ACRE TRACT
AND SAID NORMAN TRACT PASSING THE NORTHEAST CORNER OF A 7.00-ACRE TRACT
DESCRIBED IN A DEED TO CECIL AND KAREN BEDFORD BY DEED RECORDED IN VOLUME 17170,
PAGE 12, DEED RECORDS, TARRANT COUNTY, TEXAS AND THE SOUTHEAST CORNER OF SAID
PRIVATE DRIVE AT A DISTANCE OF 869.07 FEETTO A POINT FOR CORNER IN THE EAST LINE OF A
5.07-ACRE TRACT DESCRIBED IN A DEED TO D. NORMAN BY DEED RECORDED AS D212014064,
DEED RECORDS, TARRANT COUNTY, TEXAS, BEINGTHE NORTHWEST CORNER OF THIS TRACT;
THENCE SOUTH 89' 13' 13" EASTA DISTANCE OF 572.97 FEETTO A POINT FOR CORNER, BEING
AN INSIDE ELLCORNER OF THIS TRACT;
THENCE NORTH 02° 07' 58" EAST A DISTANCE OF 707.53 FEET TO THE POINT OF BEGINNING
AND CONTAINING 45.36 ACRES OF LAND, MORE OR LESS.
THIS DOCUMENT WAS PREPARED UNDER 22 TAC §663.21, DOES NOT REFLECT THE RESULTS OF
AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN
REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE
CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR
WHICH IT WAS PREPARED.
Owner -Initiated Annexation Service Agreement 9 of 9
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Annexation --AX- 18-008 Ordinance No. 23593-03-2019
Page 6 of 6
Annexation AX-18-008 Exhibit
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Fort worth
Ranning & Development Department
DESIGNATION 10130/2018
1:8,400
Ell-'—] Full Purpose Annexation Area
COPYRIGHT 2018 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
Limited Purpose '... Adjacent Cities VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL
REPRESENTATION ONLY. THE ACCURACY IS NOT TO BE TAKEN 4 USED AS DATA
Extraterritorial Jurisdiction County Boundaries PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL
anm, xnr LAND SURVEYOR. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR
THE ACCURACY OF SAID DATA.
EXHIBIT B CITY SECRETARY
CONTRACTNO. 5ot_I 10
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS
AND MENTONE PARTNERS, LLC
This Municipal Services Agreement ('Agreement") is entered into on 44A day of
by and between the City of Fort Worth, Texas, a home -rule
municipality of the State of Texas, ("City") and Mentone Partners, LLC ("Owner").
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 Tarrant County,
Texas, which consists of approximately 45.36 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-18-008 ('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
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
'v;
`!Igwner-Initiated Annexation Service Agreement
€ a:� 1
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. Emer2encv 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 Publiclv 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 Utilitv 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 liehting) — 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
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
Owner -Initiated Annexation Service Agreement 2 of 9
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.
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
Owner -Initiated Annexation Service Agreement 3 of 9
and drafting of this Agreement.
S. 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. Except as provided in Section 15, 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 9
CITY OF FORT WORTH MENTONE PARTNERS, LLC
By: By:
Jesus "Jay" Chapa Na e:
A
Assistant City Manager Title:
Approved as to Farm and Legality:
Senior Assistant City Attorney
Attest'
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City iecretary
Approvals:
M&C
OrdinanceNo..
Owner -Initiated Annexation Service Agreement
OFFICUAL REGQRD�
CITYSECRETARY
FT.'01OR11111111k, rX
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the _...fay of 20
by Jesus "Jay" Chapa, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
By.
Notary Public, State of Texas
MARIA S. SANCHEZ
My Notary ID # 2256490
Expires December 19, 2021
State of Texas §
County of 0 '? 5 a// §
This instrument was acknowledged before me on the day of 20rE
by h-4f 0, Prw tfl- m 4 h q-1 e, of [Name of individual signing, title (if any)]
on behalf of said Affnje Agrbq el:(. U.6. [insert name of company or individual where
applicablel.
By: J�&
Notary Public, State of Texas
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
11 111IF: RES A A J A CKSON
a y F� u b i c, S, Li 10 0 e X 0 5
V '�O 09,2020
dD 12915797�2
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T�111J'Aw. RECORD
AFORT10JX
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Name of Employee/Signature
Title
This form is N/A as No City Funds are associated with this Contract
/ �&4wl
Printed Name Signatuo I D
'I"W RFCORD
CITY SECRUARY
Pr, WORTHO U
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/5/2019 - Ordinance No. 23593-03-2019
DATE: Tuesday, March 5, 2019 REFERENCE NO.: **L-16187
LOG NAME: 06AX-18-008, OWNER-INITITATED ANNEXATION, ORDINANCE
SUBJECT:
Adopt Ordinance for the Owner -Initiated Annexation of Approximately 45.36 Acres of Land in 'Tarrant
County, Located South of FM 1187 and East of Oak Grove Road South, in the Far South Planning Sector,
AX-18-008 (FUTURE COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance annexing approximately 45.36 acres
of land in Tarrant County, located south of FM 1187 and east of Oak Grove Road South.
DISCUSSION:
On October 25, 2018, representatives of the property owners Mentone Partners, LLC, submitted an
application for full -purpose annexation. The 45.36 acres is situated in Tarrant County within the City of
Fort Worth extraterritorial jurisdiction, south of FM 1187 and east of Oak Grove Road South, see map
Exhibit A. The proposed annexation area is currently vacant land. The property is proposed for
residential development, and the proposed zoning is "A-5" One -Family Residential.
City Plan Commission voted, on November 28, 2018 to approve the recommendation to the City Council
for the full -purpose annexation of case AX-18-008. This proposed owner -initiated annexation has one
companion case. The related zoning case (ZC-18-182) was heard by the Zoning Commission on January
9, 2019 and the commission voted to recommend approval of "A-5" One -Family zoning by City Council.
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 is 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 annual effect to
the General Fund for the first year, but will have a positive impact thereafter. Therefore, due to the ability
of the area to meet the City's criteria for full -purpose annexation, Staff recommends approval of the
requested owner -initiated annexation, AX-18-008.
If annexed for full -purposes the area will become part of COUNCIL DISTRICT 6.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that based upon the proposed development, the annexation will have a
long-term positive impact to the General Fund.
FUND IDENTIFIERS (FIDsl:
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CERTIFICATIONS:
Submitted for Citv Manaaer's Office bv:
Oriainatina Department Head:
Additional Information Contact:
Jay Chapa (5804)
Randle Harwood (6101)
Leo Valencia (2497)
Logname: 06AX-18-008, OWNER-INITITATED ANNEXATION, ORDINANCE Page 2 of 2