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
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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.
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TEXAS
0 80 160 240 SURVEYING
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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
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DESIGNATION 1:8,400 5/08/2019
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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
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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