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HomeMy WebLinkAboutOrdinance 23634-04-2019ORDINANCE N0.23634-04-2019 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 48.558 ACRES OF LAND, MORE OR LESS, OUT OF THE A. CASTELLO SURVEY, ABSTRACT NUMBER 272, TARRANT COUNTY, TEXAS AND THE R.J. WARE SURVEY, ABSTRACT NUMBER 2008, IN TARRANT COUNTY, TEXAS (CASE NO. AX49-002) 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 Hawkins Custom Homes, (the "Owner"), requesting the full -purpose annexation of 48.558 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 all 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, Owner and the City negotiated and entered into a written agreement, City Secretary Contract No. 11 _ , 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 March 26, 2019 at 7:00 p.m., on April 9, 2019, at 7*00 p.m., at the City Council Chamber; and square footage in the descriptions. 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. OFFICIAL RECUR® CaTY SECRETARY T. WORTH, TX 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 48.558 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 certain tract of land situated in the A. Castello Survey, Abstract Number 272, Tarrant County, Texas and the R.J. Ware Survey, Abstract Number 2008, Tarrant County, Texas, being a portion of that tract of land described by deed to Jerry Savelle Ministries, Inc., recorded in Volume 11082, Page 1656, County Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of said Savelle tract, being the southeast corner of Lot 40, Block 4, Panther Heights, an addition to the city of Fort Worth, Tarrant County, Texas, recorded in Cabinet A, Slide 5064, said County Records, and being in the north line of Lot 43, Block 4, said Panther Heights addition; THENCE N 00°04'04"E, 2229.76 feet, to the most northerly northeast corner of Lot 25, Block 4, said Panther Heights addition; THENCE S 89°47' 1851E, 400.55 feet, to the west line of Lot 8, Block 53, Summer Creek Ranch, an addition to the city of Fort Worth, Tarrant County, Texas, recorded in Cabinet A, Slide 9762, said County Records; THENCE S 00003' 14"W, 1128.59 feet; THENCE S 89°57' 1315E, 1396.56 feet, to the west right -of --way line of South Hulen Street (a variable width right -of --way) and being the beginning of anon -tangent curve to the right; THENCE with said west right -of --way line the following courses and distances: With said non -tangent curve to the right, an arc distance of 381.73 feet, through a central angle of 22°31'29", having a radius of 971.00 feet, the long chord which bears S 26022'46"W, 379.28 feet; S 37038'30"W, 110.83 feet, to the beginning of a curve to the left; Annexation—AX-19-002 Ordinance No. 23634-04-2019 Page 2 of 6 With said curve to the left, an arc distance of 708.62 feet, through a central angle of 36052'35", having a radius of 1101.00 feet, the long chord which bears S 19012' 14"W, 696.45 feet, to the south line of the aforementioned Savelle tract; THENCE S 89°25'40"W5 1333.46 feet, departing said west right -of --way line, with the south line of said Savelle tract, to the Point of Beginning and containing 2,115,199 square feet or 48.558 acres of land more or less. This description was prepared under 22 TAC 663.215 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. 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 Annexation—AX49-002 Ordinance No. 23634-04-2019 Page 3 of 6 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: Apri19, 2019 Annexation AX-19-002 Ordinance No. 23634-04-2019 Page 4 of 6 r 0 EXHIBIT 1V "This document was prepared under 22 TAC 663.21, ZONED "A-5" does not reflect the results of an on the ground survey, 1 WA(.Sub CrR,[.P, and is not to be used to convey or establish interests in Nut.• D214196092 ' real property except those rights and interests Implied or CR.T.C.T. established by the creation or reconfiguration of the An�ot teo�s*Vea I boundary of the political subdivision for which it was ao %vt F prepared." woe 2 6Ua�a 3 --� �.Sw•ez L H _. o D^avt�y0µaol4 / ,m Summer Creek Ranch A:aga�a Cob. A, 51d.11186 i CR.T.C.T. A; n� ; i3 ZONED "A 5" � Ids 4o`v 111,, F r r T `Fi — .1-, I . I Forester USA Real IV r I k o, F : - I N I Estate GrOUAlnc. �� : , �� 1 h� 7 , i t • a rnsr.• 0212079898 t L L L)-, r� i �: °i CATET, " " 7 rr : � I ZONED "A 5' �_._._. 11111�.1/_J y1.u._•._ Proposed Annexotion — of 45.558 Acres f' Panther HelgMs I ,yovelle / Val. A, S/d. 5064 c _ CR.T.C.T. J r o I r Jerry S/ Jer Swelle ZONED "A 43" rn _ . — .. - r1MinistrieMln/slrles.lnc. o Vol. 11082,Vale//082,Py.1656 aC.R.T.CR.TC.T. r04t1... Ij--Point of M�M� 00 W Cleburne Rd. Beginningr<Y Lib— o Huva�" egBIT a 1 f I Roncho Verdel Pkwy. .I I I —I oao t,%.40vt us���� N W S 0 500 1000 GRAPHIC SCALE IN FEET "Integrolporls of this document" 1. Description 2. Exhibit PELOTON ' I LAND SOLUTIONS Annexation—AX-19-002 VICINITY MAP JOB # HCH18002 4940 r AN FXHIDI I FOR 1k l/Il 'roplosed-Anne Cation SITUATED IN THE R.J. WARE SURVEY. ABSTRACT NUMBER 2008s AND THE A. CASTELLO SURVEY, ABSTRACT HUvOER 212. TARRANT COUNTY, TEXAS BY: T. Richardson CHECKED BY: T. Bridges � DATE: 01.07-19 PAGE 12 of 2 rwr v r o II Ordinance No. 23634-04-2019 Page 5 of 6 Anne Han 0X�1 9�00 dffltion of approximately 48.558 Acme to become part of Coa>Jrr c District Legend ®Annexation Area ® Fort Worth City Limit (Full Purpose) Adjacent Cities FoR� 0 500 1,000 2,000 Feet 1:14,000 ����oe®of: Planning &Development Department 01/25/2019 COPYRIGHT 2019 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A N VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY. THE ACCURACY IS NOT TO BE TAKEN /USED AS DATA PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LAND SURVEYOR. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA, _ --,; , i "� - i �,- �> �_, This Municipal Ser<�ices Agreement {"Agreement") is entered into on �•� day of ;%�� ���`� by and between. the City of Fort Worth, Texas, ahome-rule municipality of the State of Texas, ("City") and Steve Hawkins Custom Homes ("Owner"). 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 Ciiy elects to annex such an area, the City zs required to enter into a written agreement with the property owners) that sets forth the City services to be provided for the Property on or after the effective date of annexation (the "Effective Date"); WHERIEAS, Owner owns certain parcels of land situated in Denton County, Texas, which consists of approximately 48.558 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"); WHEIf�EAS, Owner has filed a written request with the City for full -purpose annexation of the Property, identified as Annexation Case No. AX-19-002 ("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; WI-�Fl�EAS, the Annexation Case and execution of this Agreement are subj ect to approval by the Fort Worth City Council; and I�tQ�V 7C1<IEd�E�'®RE, in exchange for the mutual covenants, conditions and promises contained herein, City and Owner agree as follows: 1. 1PR®PE1�TY. This Agreement is only applicable to the Property, which is the subject of the Annexation Case. 2. RCCEI�/�b Al'R 2 3 20?9 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 ������,���, Gb��0�3G _ t�f9 _ �� —, ire � I, ' ��, !:ITY Qt" FONT InrO.�� ter -Initiated Annexation Service Agreement 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. 2VIU111ICIPAL 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. I. 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 lighting) — 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. Owner -Initiated Annexation Service Agreement 2 of9 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 suchkservices. c. It is understood and agreed that the City is not required to provide a service that is not included in this Agreement. 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. SE12V�CE 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. AUTHOI2ITY. 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 9 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. S. GOVER�lING I,AW 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 .TIIE 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 9 ay:, -- Jesus "Jay Chapa Assistant City Manager Attest: City S Eippro vials: Ordinance No. 'Z �j �3 M3 MqS: 2019ygq(VaI5 ay: S This instrument was acknowledged before me on the .� day of , 2�/�, by Jesus "Jay" Chapa, Assistant City Manager of the City of Fort Worth, a Te as municipal corporation, on behalf of said corporation. ilk? V41L By: Notary Public, State of Texas MARIA S. SANCH�Z My Notary IC # 2256490 Expires acen, er iv, 2021 Owner -Initiated Annexation Service Agreement gi p ORL`�Ofpx STATE OF TEXAS § COUNTY OF-91 , § s inst 1z lent was acknowl ged�before me on the day of , 20/j by � of Steve Hawkins o ehalf Said Steve Hawkins Custom Homes By: Notary Public, State of Texas Owner -Initiated Annexation Service Agreement CANDACE P VICK Notary Public, State of Texa Comm. Expires 05-29-2021 Notary iU 210682-0 After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Owner -Initiated Annexation Service Agreement 7 nf�! �, ZOIJED "A-5" W14 Sub CTROLPS 3 /nsi.° D04199092 z Use`+v 6 O coke"D�'tvatll t v CR.TGT. "I LLL a -tr �TO m SWWW Creak Ranch s document was prepared under 22 6AC 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 subdhdslon for which it was prepared.° I / - $ Cab. A,Sldlll@S ZONED "A-5" . — . — " f • • 6 7� — . t 7 I Fora&ar USA Real t' T in Estate Gra17F.Inc. a •j I1 TKO` . F.1 t--1 ln5/° D71c�J7a898 u L_ L L �� t• I C I CR.TG.T. TTT�T7 TP, 11111�.11a1_Yj.L_t-�.�.� u,l ZONED "A-5" Proposed Annexotion "'— of 45.558 Acres Parvinr Heights Valli A_Slide 506a d CR.T.C.T. -' o C _ — l Jerry Savelle Jerry Sovi ZONED "A-�t3" rn Ministries, Inc. m �( kflrYstrles, If p r — — e Val. 11082, PtJ. i65S / (ryJ,/Kk92,Fg.f55b > — NI C.R.T.C.T. CR.TCT. o �. _.�. ----------------- Point of � s•k t"! Cleburne Rd. Segimning r��4� Jilizi __— Rancho Verde PkWy.._ T% £i VICIAIPi`Y M11P P1.T.S. GRAPHIC SCALE IN FEET "Integralparfs of this document" 1. Description 2. Exhibit IF 6AWD lQ4U41QTd8 oeao� wom PARKWAY, sure M , ., t JOB t/ tiCt1180eZ AN EXHIBIT FOR A HLWE �YO��S�I�•�iZ�.�t��i®1Z SINATER IiI TIC R.J. BARE SURVEY. ABSTRAC T R 20D8, AM THE A. CASp.€'c'R TELta SURYM ABSTRACT IEf27Z, TARRW CMTY, TEXAS BY: T. Wcherdaat ICHEdKEC) BY: T. BridgaaDATE: U1A7-99 �pAGE R 2 of GI Exhibit A, Owner-HTitiated Annexation Service Agreement Page I of c r, NNEXATION LEGAL DESCRIPTION 45.55&ACRES BEIl�tC a certain tract of land situated in the A. Castello Survey, Abstract NumberTarrant County, Texas and the R.J. Ware Survey, Abstract Number 2008, Tarrant County, Texas, being a portion of that tract of land described by deed to Jerry Savelle Ministries, Inc., recorded in Volume 11082, Page 1656, County Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGIIit�II1�G at the southwest corner of said Savelle tract, being the southeast corner of Lot 40, Block 4, Panther Heights, an addition to the city of Fort Worth, Tarrant County, Texas, recorded in Cabinet A, Slide 5064, said County Records, and being in the north line of Lot 43, Block 4, said Panther Heights addition; THEhiCE N 00°04'04"E, 2229.76 feet, to the most northerly northeast corner of Lot 25, Block 4, said Panther Heights addition; TI3EhtCE S 89°47' 18"E, 400.55 feet, to the wesfi line of Lot 8, Block 53, Summer Creek Ranch, m addition to the city of Fort Worth, Tarrant County, Texas, recorded in Cabinet A, Slide 9762, said County Records; TIIE�TCE S 00°03' 14"W, 1128.59 feet; THEI�ICE S 89°57' 13"E, 1396.56 feet, to the west right -of --way line of South Hulen Street (a variable width right -of --way) and being the beginning of a non -tangent curve to the right; THENCE with said west right -of --way line the following courses and distances: With said non -tangent curve to the right, an arc distance of 381.73 feet, through a central angle of 22°31'29", having a radius of 971.00 feet, the long chord which bears S 26022'46"W, 379.28 feet; S 37°38'3Q"W, 110.83 feet, to the beginning of a curve to the left; With said curve to the left, an arc distance of 708.62 feet, through a central angle of 36°52'35", having a radius of 1101.00 feet, the long chord which bears S 19°12'14"W, 696.45 feet, to the south line of the aforementioned Savelle tract; THEIe10E S 89025'40"W, 1333.46 feet, departing said west right -of --way line, with the south line of said Savelle tract, to the Point of Beginning and containing 2,115,199 square feet or 48.558 acres of land more or less. tj Exhibit A, Owner -Initiated Annexation Service Agreement Page � of� _ �- _ �-�_,--- x SUBJECT: Authorize Execution of Municipal Services Agreement for the Proposed Owner -Initiated Annexation of Approximately 48.55$ Acres of Land in Tarrant County, Located South of McPherson Boulevard and West of Hulen Street, in the Far Southwest Planning Sector, AX-19-002 (FUTURE COUNCIL DISTRICT" 6) It is recommended that the City Council execute the attached Municipal Services Agreement between the City and property owner, Hawkins Custom Homes, for the proposed owner -initiated annexation of approximately 48.558 acres of land located south of McPherson Boulevard and west of Fiulen Street. ®ISCUSSI®Pl: On January 14, 2019, representatives of the property owner, Hawkins Custom Homes, submitted an application far full -purpose annexation. The 48.558 acres is situated in Tarrant County within the City of Fort Worth extraterritorial jurisdiction, south of McPherson Boulevard and west of Hulen Street, see map Exhibit A. The proposed annexation area is currently vacant land. The property is proposed for residential uses, and the proposed zoning is "A-5" One -Family. City Plan Commission voted on February 27, 2019 to recommend full -purpose annexation of the Jerry Sevelle Ministries, Inc., Tract to City Council. The companion zoning case (ZC-19-018) went to the Zoning Commission on March 6, 2019. The commission recommended denial without prejudice, and the zoning case is scheduled for City C®uncil action immediately fo{lowing the annexation action on April 9, 2019. The proposed use was considered while assessing the financial impact to the General Fund. The City tax revenue is expected to have a positive fiscal impact aver the next 10 years after the proposed development is built. Based on 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, bt�t will have a positive impact thereafter. Subchapter C-3 of Chapter 43 of the Texas Local Government Code (TLGG) provides for the process of annexation of ati area upon a request of an owner of land. Section 43.0672 of the TLGC requires a municipality that elects to annex an area upon the request of an owner to 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. Logname: 06MtJNICIPAL SERVICE5 AGREEMENT, AX-19�002, OWNER -INITIATED Page 1 of 2 he municipal services agreement includes these provisions in accordance with state law. Upon approval of the annexation request, the property afifected by Phis iinunicipal Services Agreement will become part of COUNCIL DISiR[CT 6. i — • • •. -• •• — � •�• ^• •^ e• • Y. ��<n - ■II. - - _ .. ... v.- e-. « �...- ... �.. :: ,: Jay Ghapa (5804) Randle Harwood (6101) Leo Valencia (2497) 1. Exhibit A - Map AX-19-002413.,�df (Public) 2. Hawkings Form 1295 Redacted.pdf (Public) 3. NISA-Steve Hawkins Custom Homes.pdf (Public) Logname: 06MUMCIPAL SER�IICES AGREEMENT. AX-19-002; OWNER -INITIATED Paae 2 of 2 city of Fort wo�tn, reXas COUNCIL ACTION: Approved on 4/9/2Q19 -Ordinance No. 23634-04-2019 DATE: Tuesday, April 9, 2019 REFERENCE NO.: L-16206 LOG NAME: 06AX-19-002, OWNER-INITITATED ANNEXATION, ORDINANCE SUBJECT: Adopt Ordinance for the Owner -Initiated Annexation of Approximately 48.558 Acres of Land in Tarrant County, Located South of McPherson Boulevard and West of Hulen Street, in the Far Southwest Planning Sector, AX-19-002 (FUTURE COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance annexing approximately 48.558 acres of land located south of McPherson Boulevard and west of Hulen Street. DISCUSSION: On January 14, 2019, representatives of the property owner, Hawkins Custom Homes, submitted an application for full -purpose annexation. The 48.558 acres is situated in Tarrant County within the City of Fort Worth extraterritorial jurisdiction, south of McPherson Boulevard and west of Hulen Street, see map Exhibit A. The proposed annexation area is currently vacant land. The property is proposed for residential uses, and the proposed zoning is "A-5" One -Family. City Plan Commission voted, on February 27, 2019, to approve a recommendation to the City Council for the full -purpose annexation of Jerry Sevelle Ministries, Inc., Tract, AX-19-002. This proposed owner - initiated annexation has one companion case. The related zoning case (ZC-19-018) was heard by the Zoning Commission on March 6, 2019. The zoning case was denied without prejudice by the Zoning Commission. 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-19-002. 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 (FIDs): Logname: 06AX-19-002, OWNER-INITITATED ANNEXATION, ORDINANCE Pale 1 of 2 • Fund Department cc oun Project Program ��� ctivity Budget Reference # moun ID ID Year �Chartfield 2 _ .�, Fund Department ccoun Project Program ctivity Budget Reference # � moun ID ID Year Chartfield 2)____�__� _ � CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Jay Chapa (5804) Randle Harwood (6101) Leo Valencia (2497) Page 2 of 2 Logname: 06AX-19-002, OWNER-INITITATED ANNEXATION, ORDINANCE