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HomeMy WebLinkAboutOrdinance 23914-11-2019 ORDINANCE NO. 23914-11-2019 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 4.594 ACRES OF LAND, MORE OR LESS, OUT OF THE C. BOYD SURVEY, ABSTRACT NO. 212, IN TARRANT COUNTY, TEXAS (CASE NO. AX-19-007)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 Jonathan Westrom and Tracy Westrom,the owners,requesting the full-purpose annexation of 4.594 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, Jonathan Westrom and Tracy Westrom and the City negotiated and entered into a written agreement, City Secretary Contract No. Jr , for the provisions of municipal services in the area; and WHEREAS,the City conducted one public hearing 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 November 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 4.594 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 4.594 ACRES TRACT OF LAND OUT OF THE C. BOYD SURVEY, ABSTRACT NO. 212, TARRANT COUNTY, TEXAS; BEING A PORTION OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN D218121542, OFFICIAL RECORDS, TARRANT COUNTY, TEXAS; BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A FOUND 3/4" IRON ROD, AT THE NORTHWEST CORNER OF THAT CERTAIN LOT 7, BLOCK 1, BOYD ADDITION AS RECORDED IN PC. A, P. 1795, PLAT RECORDS, TARRANT COUNTY, TEXAS, AT THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN V. 7481, P. 65, O.R.T.C.T., AT THE SOUTHEAST CORNER OF THAT CERTAIN LOT 6, BLOCK A, BOAZ ADDITION AS RECORDED IN PC. A, P. 3295, P.R.T.C.T., AND AT THE SOUTHWEST CORNER OF SAID D218121542, FOR THE SOUTHWEST AND BEGINNING CORNER OF THIS TRACT. THENCE N 00002'02" W AT 473.77 FEET PASSING A FOUND 1/2" IRON ROD AND IN ALL 504.17 FEET ALONG THE EAST LINE OF SAID LOT 6 AND THE WEST LINE OF SAID D218121542 TO A FOUND 3/4" IRON ROD, AT THE NORTHEAST CORNER OF SAID LOT 6 AND IN THE SOUTH LINE OF AVONDALE HASLET ROAD, FOR THE NORTHWEST CORNER OF THIS TRACT. THENCE N 89005'10" E 395.01 FEET OVER AND ACROSS SAID D218121542 AND ALONG THE SOUTH LINE OF SAID AVONDALE HASLET ROAD TO A FOUND I" IRON ROD, IN THE EAST LINE OF SAID D218121542 AND THE WEST LINE OF THAT CERTAIN LOT 1, BLOCK 1, STITH ADDITION AS RECORDED IN D214211589, P.R.T.C.T., FOR THE NORTHEAST CORNER OF THIS TRACT. THENCE S 00000'57" W 509.74 FEET ALONG THE WEST LINE OF SAID LOT 1 AND THE EAST LINE OF SAID D218121542 TO A FOUND 3/4" IRON ROD,AT THE SOUTHEAST CORNER OF SAID D218121542, AT THE SOUTHWEST CORNER OF SAID LOT 1, AT THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN D208335517, O.R.T.C.T., AND AT THE NORTHEAST Annexation—AX-19-007 Ordinance No.23914-11-2019 Page 2 of 6 CORNER OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN D208019777, O.R.T.C.T., FOR THE SOUTHEAST CORNER OF THIS TRACT. THENCE S 89053'38" W 394.51 FEET ALONG THE SOUTH LINE OF SAID D218121542 TO THE POINT OF BEGINNING. BEARINGS, DISTANCES, AND/OR AREAS DERIVED FROM GNSS OBSERVATIONS PERFORMED BY TEXAS SURVEYING, INC. AND REFLECT N.A.D. 1983, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202. (GRID) 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 Agreements 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 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, Annexation—AX-19-007 Ordinance No.23914-11-2019 Page 3 of 6 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 S. EFFECTIVE DATE This ordinance shall be in full force and effect upon adoption. APPROVED AS TO FORM AND LEGALITY: 7 Melinda Ramos ary J. s r Senior Assistant City Attorney City Secretary OF FART ADOPTED AND EFFECTIVE:November 5, 2019 S Annexation—AX-19-007 Ordinance No.23914-11-2019 Page 4 of 6 EXHIBIT A MAP OF PROPERTY LEGEND THE RoLZ mu WEWXR }P Tt[[f41C lN[WA1tiR OWRWAD UTIUTY ..,...I(- TENCE WY WRI[ `IA"E 1297 AVONDALE HASLET ROAD ASPIWT PAM SURFACE NW OIWPHt � ROYrp/KA1pR T1D.]/4• N 89*05*10"E 395.01'. wonaoo on[AERTx SO'RO.W.DED#—CA=*�N IRONROD PER K.A SL TZ9S PA.T.C.7, —" —MD.ur IRON ROD z o C. xR. LOT G BLOCK A p 3 >" BOAZ ADDITION N 3 4.594 ACRES o PC.A.SL 3295 PORTION OF O P.R.T.C.T. OZIBIZIS42 0 p O.R.T.C.T. 0 A O P.O.B. W.3/4' END.314• IRON Rao IRON Roo S 89°53'38"W 394.51' D20B33551T vT.CT6 O 5 LOT T.BLOCK I BOYDADDITION I D .RT.C.T.' I O.R.T.C.T. O.R. PC.A SL.1795 P.R.T.C.T. 4 TEXAS 0 80 160 240 SURVEYING M.TRgR9m•tlTTwaREw7E7R�9m1 Annexation—AX-19-007 Ordinance No.23914-11-2019 Page 5 of 6 EXHIBIT B MUNICIPAL SERVICES AGREEMENT (to be inserted) Annexation—AX-19-007 Ordinance No.23914-11-2019 Page 6 of 6 J�<Z)ti CITY SECRETARY Utz, CONTRACT NO._ 53p�Q} 2p 201g o�`� MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH,TEXAS AND JONATHAN WESTROM AND TRACY WESTROM This Municipal Services Agreement ("Agreement") is entered into on ` day of by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas,("City") and Jonathan Westrom and Tracy Westrom. ("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 4.594 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-19-007 ("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 f-fia OFFICIAL RECUR CITY SECRI TARP Owner-Initiated Annexation Service Agrecamit of 7 FT.WORTH,'TX 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. Planniny,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. ix. Water and Wastewater to Existing Structures — Occupied structures that are Owner-Initiated Annemation Service Aereetnent 2 of 7 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 fi.ill 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 Owner-Initiated Anneution Service Agreement 3 of 7 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 47 CITY OF FORT WORTH PROPERTY OWNER By: By: Jonathan est m Assistant 4 Manager And *erom Approved as to Fortn and Legality: Senior Assistant City Attorney _ Attest: Mary Kayser City Secretary Approvals: Ordinance No. State of Texas § County of Tarrant § This instrument was acknowledged before me on the day of Ay , 201 , by Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on e Of of said corporation. By.L ;=o:�"Y`elf,: MARIA S.SANCHEZ *. My Notary ID#2256490 Notary Public State of Texas Expires- :,r•....• Ires December 19,2021 OFFICIAL RECORD CITY SECRETARy Owner-Initiated Anncxation Savice Agreement 5 of 7 STATE OF TEXAS § COUNTY OF Tatanf § This instrument was ackn a me on the aDtM day of m Q�� , 2019, by Jo t an We§trom and Tracy Westrom By: D Notary Public, State of Texas r......,..r..a m.----....... PAIGE SCHMIDT NOTARY PUBUC STATE OF EX MY COMM.EXP.06/043 022 NOTARY ID13159323-9 OFF@CIAL RECORD CITY SECRETARY FT WORTH TX owner-initiated Annexation Service Agreement 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 � LEGEND PAGE lOi2 �...e.._�m..�.__._,.-.--......,�..�......._..,__ 1(rE wDVI[AAEE A m" tlLlmwiPICM.1 w OV(ANEAD HINT CAN Vm cmwx 1297 AVONDALE HASLET ROAD &4" f PAVED SIWACE pow 7MD.PR --- NA6 RID..V4' �s N 890051W E 395.01' VM''N MID n1D. Icao.w.NxorcAlnw-- s NAowMDo Kit P(.A SL.Ms WON DUD Z � Y LOT NL BLOCK A Cs IMW ADDITION n+ 4.594 ACRES PC.A SL 3295 4 PORTION Or M PRT.C.T• D2180542 O J p OA.TL.T. p A O r � P.O.E. IMD.1/4' nD.yr nox NDO *mom S 89'53'38°W 394.5r _ D206A15517 -- V.748E P.65 LOT 7.BLOCK 1 V206019777 0.1LTL.T. OA.T.C.T. f BOYD ADDITION OA.LC.T. PC.A%."" (! PRT.C7. V TEXAS 0 80 160 240 SURVEYING ANEW IrIA�/A 11Mw EA(wR.q orl Exhibit A,C)wner-Inilialed Annexation Service Agreement Page I oft EXHIBIT A PROPERTY DESCRIPTION PAGE 2 OF 2 BEING A 4,594 ACRES TRACT OF LAND OUT OF THE C.BOYD SURVEY,ABSTRACT NO.212.TARRANT COUNTY, TEXAS:BEING A PORTION OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN D218121542.OFFICIAL RECORDS.TARRANT COUNTY,TEXAS:BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A FOUND 3/4"IRON ROD.AT THE NORTHWEST CORNER OF THAT CERTAIN LOT 7,BLOCK 1, BOYD ADDITION AS RECORDED IN PC.A.P.1795,PLAT RECORDS.TARRANT COUNTY.TEXAS.AT THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN V.7481,P.65,O.R,T.C.T..AT THE SOUTHEAST CORNER OF THAT CERTAIN LOT 6,BLOCK A,BOAZ ADDITION AS RECORDED IN PC.A,P.3295, P.R.T,C.T..AND AT THE SOUTHWEST CORNER OF SAID D218121542,FOR THE SOUTHWEST AND BEGINNING CORNER OF THIS TRACT. THENCE N 00'02'02"W AT 473,77 FEET PASSING A FOUND 1/2"IRON ROD AND IN ALL 504.17 FEET ALONG THE EAST LINE OF SAID LOT 6 AND THE WEST LINE OF SAID D218121542 TO A FOUND 3/41,IRON ROD.AT THE NORTHEAST CORNER OF SAID LOT 6 AND IN THE SOUTH LINE OF AVONDALE 14ASLET ROAD.FOR THE NORTHWEST CORNER OF THIS TRACT. THENCE N 69*05*10"E 395.01 FEET OVER AND ACROSS SAID DZIB121542 AND ALONG THE SOUTH LINE OF SAID AVONDALE HASLET ROAD TO A FOUND I"IRON ROD,IN THE EAST LINE OF SAID D218121542 AND THE WEST LINE OF THAT CERTAIN LOT 1,BLOCK 1,STITH ADDITION AS RECORDED IN D214211589.P.R.T.C.T..FOR THE NORTHEAST CORNER OF THIS TRACT. THENCE S 00"00'57"W 509.14 FELT ALONG THE WEST LINE OF SAID LOT I AND THE EAST LINE OF SAID D218121542 TO A FOUND 3/4"IRON ROD.AT THE SOUTHEAST CORNER OF SAID D218121542.AT THE SOUTHWEST CORNER OF SAID LOT 1.AT THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN D208335517.O.R,T.C.T.,AND AT THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN D208019777,O.R.T.C.T.,FOR THE SOUTHEAST CORNER OF THIS TRACT. THENCE S 89`53'38"W 394.51 FEET ALONG THE SOUTH LINE OF SAID D218121542 TO THE POINT OF BEGINNING. BEARINGS.DISTANCES,AND/OR AREAS DERIVED FROM GNSS OBSERVATIONS PERFORMED BY TEXAS SURVEYING,INC.AND REFLECT N.A.D.1983.TEXAS STATE PLANE COORDINATE SYSTEM.NORTH CENTRAL ZONE 4202.(GRID) 1.THE UNDERSIGNED,A REGISTERED PROFESSIONAL LAND SURVEYOR W THE STATE Of TEXAS.00 CERTIFY IHAT THE ABOVE DESCRALD PROPERTY WAS SURVEYED ON THE GROUND:BY NE OR UNDER MY DIRECT SUPERVISION:VISIBLE CONFLICTS.ENCROACHMENTS.AND OVERLAPS ARE AS SHOWN ON THIS PLAT OR MAP AITACJMED HERETO.THE AREA 5 BOUNDARY WERE DETERMINED WITH RESPECT 70 THE RECORDED REFERENCES AS SHOWN.AND THE INFORMATION PRESENTED IS TRUE 6 CORRECT TO THE BEST OF MY KNOWLEDGE,IN ADDITION.IT IS NOT INTENDED TO EXPRESS OR REPLY WARRANTY.GUARANTEE OF OWNERSHIP.OR TRANSFER Of TITLE.AND THIS SURVEY IS SUBJECT TO ALL APPLICABLE COPYRIGHT LAWS FRONT THE DATE OF THIS SURVEY.TO PROTECT ALL PARTIES INVOLVED. I HIS SURVEY IS ONLY VAW IF ORIGINAL SEAL 6 SIGNATURE APPEAR ON THE FACE OF THIS SURVEY IN BLUE MIT. _ il MICAH RAWL70AL REGISTERED PROFESSIONAL I AND SURVEYOR NO.5865 •��"" F TEXAS SURVEYING.INC.•WEATHERFORD BRANCH ` '�(C'L S,yFA 7 104 S.WALNUT STREET.WEATHERFORD.TEXAS Y6086 (7 r 2- y[ n'. �S WEAIHERFORU.TXSIIRVEYRIG.COM 617-S94-0400 ...,i..................i.... DATE'APRIL 4.2019•JW90406A MICAH HAMIL_TON 1)NO ABSTRACT OF TITLE OR TITLE COMMITMENT WAS PROVIDED TO THIS T'.':• .56RJ ,V"Fo- SURVEYOR,RECORD RESEAREH PERFORMED BY INS SURVEYOR WAS MADE 9`•.OF. "N".,Q DAILY FOR THE PURPOSE Of DETERMINING THE BOUND Y OF THIS PROPERTY /y"'..•.�$S T �, AND OF THE ADJOYING PARCELS.RECORD DOCUMENTS OTHER THAN THOSE SHOWN ON THIS SURVEY MAY EXIST AND ENCUMBER TITS PROPERTY. S 1i V 2)MfKMI F UMA FLOOD HAZARD INFORMATION HAS NOT BEEN REVHWUO `'•!/ DURING THE COURSE OF THIS SLNYEY,FOR UP TO DATE FLOOD EUTARD INFORM4TION ALWAV5 VISI7 THE OFFICIAL VEM.A WECSITE AT Lwww"EMALWVI P)PLATTED ARE,TILL RECORDED DEITIES MAY R[OUYN THIS PROPERTY TO BE i1NTIER TEXAS PUTRID AND RECORDED IVRH THE COUNTY CLERK. 4)UNDERGROUND UTILITIES WERE NOT LOCATED DURING THIS SURVEY.CALL BPI AIDJOR J CONS PROVIDERS BEFORE EXCAVGOVERNING OR CONSTRUCTION. SURVEYING 5141[ASi CONSULT ALL APPUCABLF G(WERIANG ENTITIES PCGAP(MIG RULES 6 REGULATXXIS THAT MAY INFECT CONStRICITON ON THIS PWOPCRTY. b1 NOT ALL IMPROVEMENTS APE SHOWN ON IRS SURVEY FIRM Na.IDIOBBBB•WNW.TX50VEYWC.COM \� Exhibit A.Owner-Initiated Annexatitm Service Agreement Page 2 o1`2 City of Fort Worth,Texas Mayor and Council Communication DATE: 11/05/19 M&C FILE NUMBER: M&C 19-0279 LOG NAME: 06AXAM07,1297 AVONDALE HASLET ROAD,OWNER-INITIATED ,SUBJECT Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner-Initiated Annexation of Approximately,4.59 Acres of Land in Tarrant County,Known as 1297 Avondale Haslet Road,Located East of Willow Springs Road,North of Blue Mound Road Along the Southern Edge of Avondale Haslet Road,in the Far North Planning Sector,AX-19-007(FUTURE COUNCIL DISTRICT 7) (PUBLIC HEARING-a.Report of City Staff:Mary Elliott;b.Citizen Presentations;c.Council Action:Close Public Hearing and Act on the M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct public hearing for the proposed owner-initiated annexation of approximately 4.59 acres of land in Tarrant County located east of Willow Springs Road,north of Blue Mound Road along the southem edge of Avondale Haslet Road as shown on Exhibit A; 2. Authorize Execution of Municipal Services Agreement between the City and property owners,Jonathan Westrom&Tracy Westrom;and 3. Adopt ordinance annexing 1297 Avondale Haslet Road for full purposes. DISCUSSION: On April 29,2019,representatives for the property owners,Jonathan Westrom&Tracy Westrom,submitted an application for full-purpose annexation of the property shown on Exhibit A into the City of Fort Worth. The subject property Is situated entirely in the City's extraterritorial jurisdiction,which is In Tarrant County. The site is located located east of Willow Springs Road,north of Blue Mound Road along the southern edge of Avondale Haslet Road.This owner4nitiated annexation,which contains approximately 4.59 acres,is an enclave. The proposed annexation Is consistent with both the enclave and the urban development annexation criteria as established by the City's Annexation Policy. The subject area currently has one residential dwelling. The property is proposed for commercial type development and the proposed zoning is"E" Neighborhood Commercial. The proposed use is consistent with the future land use map of the 2019 Comprehensive Plan. On June 26,2019 City Plan Commission voted to recommend approval of the annexation request to City Council. On October 9,2019 the related zoning case(ZC-19-079)was heard by the Zoning Commission,and the commission voted to recommend approval of"E" Neighborhood Commercial zoning to City Council. Subchapter C-0 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 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. Therefore,due to the ability of the area to meet the City's criteria for full-purpose annexation as well as the proposed annexation being an enclave Staff recommends approval of the requested owner-initiated annexation,AX-19-007. 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 dose the hearing and vote on authorizing the City Manager to execute the Municipal Services Agreement between the City and property owners,Jonathan Westrom&Tracy Westrom and adopt an ordinance annexing AX-19-007 for full purposes. Upon approval of the annexation request,the property will become part of COUNCIL DISTRICT 7. A Form 1295 Is not required because: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 approval of the above recommendations and adoption of the attached ordinance,the annexation will have a long-term positive impact to the General Fund. Submitted for Cily Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: Randle Harwood 6101 Additional Information Contact: Leo Valencia 2497 Annexation AX-19-007 Exhibit Addition of approximately 4.59 Acres to become part of Council District 7 114 Wis nt�ttj 170 i Tarra D 81 L 1 I e eo m v, - a iw a w i E b IF I 1. ■ ■ r 1 ■ 7 T' Y r V Nr,S 17 r ! ■ M ,k FOR_ TRH. 0 245 490 980 Feet � Fort worth t Planning&Development Department DESIGNATION 1:8,400 5/08/2019 _ Full Purpose -Annexation Area ® Limited Purpose Adjacent Cities COPYRIGHT F AP CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A p ....•� 1 � 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 Extraterritorial Jurisdiction County Boundaries 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. City of Fort Worth,Texas Mayor and Council Communication DATE: 11/05/19 M&C FILE NUMBER: M&C 19-0279 LOG NAME: 06AX-19-007, 1297 AVONDALE HASLET ROAD,OWNER-INITIATED SUBJECT Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner-Initiated Annexation of Approximately 4.59 Acres of Land in Tarrant County,Known as 1297 Avondale Haslet Road,Located East of Willow Springs Road,North of Blue Mound Road Along the Southem Edge of Avondale Haslet Road,in the Far North Planning Sector,AX-19-007(FUTURE COUNCIL DISTRICT 7) (PUBLIC HEARING-a.Report of City Staff:Mary Elliott;b.Citizen Presentations;c.Council Action:Close Public Hearing and Act on the M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct public hearing for the proposed owner-initiated annexation of approximately 4.59 acres of land in Tarrant County located east of Willow Springs Road,north of Blue Mound Road along the southem edge of Avondale Haslet Road as shown on Exhibit A; 2. Authorize Execution of Municipal Services Agreement between the City and property owners,Jonathan Westrom&Tracy Westrom;and 3. Adopt ordinance annexing 1297 Avondale Haslet Road for full purposes. DISCUSSION: On April 29,2019,representatives for the property owners,Jonathan Westrom&Tracy Westrom,submitted an application for full-purpose annexation of the property shown on Exhibit A into the City of Fort Worth. The subject property is situated entirely in the City's extraterritorial jurisdiction,which is in Tarrant County. The site is located located east of Willow Springs Road,north of Blue Mound Road along the southem edge of Avondale Haslet Road.This owner-initiated annexation,which contains approximately 4.59 acres,is an enclave. The proposed annexation is consistent with both the enclave and the urban development annexation criteria as established by the City's Annexation Policy. The subject area currently has one residential dwelling. The property is proposed for commercial type development and the proposed zoning is"E" Neighborhood Commercial. The proposed use is consistent with the future land use map of the 2019 Comprehensive Plan. On June 26,2019 City Plan Commission voted to recommend approval of the annexation request to City Council. On October 9,2019 the related zoning case(ZC-19-079)was heard by the Zoning Commission,and the commission voted to recommend approval of"E" Neighborhood Commercial zoning to City Council. Subchapter C-3 of Chapter 43 of the Texas Local Govemment 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 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. Therefore,due to the ability of the area to meet the City's criteria for full-purpose annexation as well as the proposed annexation being an enclave Staff recommends approval of the requested owner-initiated annexation,AX-19-007. 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,Jonathan Westrom&Tracy Westrom and adopt an ordinance annexing AX-19-007 for full purposes. Upon approval of the annexation request,the property will become part of COUNCIL DISTRICT 7. A Form 1295 is not required because: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 approval of the above recommendations and adoption of the attached ordinance,the annexatio will have a long-term positive impact to the General Fund. Submitted for City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: Randle Harwood 6101 Additional Information Contact: Leo Valencia 2497