HomeMy WebLinkAboutOrdinance 24072-03-2020 ORDINANCE NO. 24072-03-2020
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 18.46 ACRES OF
LAND, MORE OR LESS, OUT OF THE HEIRS OF BENJAMIN
THOMAS SURVEY, ABSTRACT NUMBER 1497, CITY OF
SAGINAW, TARRANT COUNTY TEXAS, DESCRIBED BY DEED
TO CFI FARM PROPERTIES LLC, RECORDED IN
INSTRUMENT NUMBER D209083861 COUNTY RECORDS,
TARRANT COUNTY, TEXAS AND A 0.46 ACRE PORTION OF
WAGLEY ROBERTSON ROAD AS ESTABLISHED BY
PRESCRIPTIVE USE (CASE NO. AX-19-013) 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 CFI
Farm Properties, LLC., the owners, requesting the full-purpose annexation of 18.4 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, CFI
Farm Properties, LLC and the City negotiated and entered into a written agreement, City
Secretary Contract No. 6?L� Iq , for the provisions of municipal services in the area,
attached hereto as Exhibit"C"; and
WHEREAS, the Property abuts 0.46 acres of county roads attached hereto as
Exhibit `B"; 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 February
18, 2020 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 18.4 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 portion of that tract of land situated in the Heirs of Benjamin Thomas Survey,
Abstract Number 1497,Tarrant County,Texas, described by deed to CFI Farm Properties
LLC, recorded in Instrument Number 0209083861 County Records, Tarrant County,
Texas, and being more particularly described as follows:
BEGINNING in the West line of Wagley Robertson Road (County Road No. 4108)
(variable width R.O.W.), from which the Northeast corner of said CFI tract bears S 89'
54'00" E, 34.44 feet (deed call) at the Southeast corner of Wagley Robertson Road
dedicated by Plat recorded in Cabinet A, Slide 4406, County Records, Tarrant County,
Texas;
THENCE S 000 35' 00" E, 402 .9 feet, along the West line of said Wagley Robertson
Road, to the North line of City of Fort Worth Annexation Ordinance No. 7916;
THENCE N 890 54' 00"W, 1993.3 feet (bearings and distances referenced from said CFI
Farm tract) along the North line of said City of Fort Worth Annexation Ordinance No.
7916 to the West line of said Cranz tract and the East line of City of Fort Worth
Annexation Ordinance No. 16704;
THENCE N 000 35' 00" W, 402.9 feet, along the East line of said City of Fort Worth
Annexation Ordinance No. 16704 to the Northwest corner of said CFI tract;
THENCE S 890 54' 00" E, 1993.3 feet, to the Point of Beginning and containing 18.4
acres of land, more or less.
Annexation—AX-19-013 Ordinance No.24072-03-2020
Page 2 of 8
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 all portions of the right-of-way, comprising approximately 0.46 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 right-of-way being all that certain land
particularly described below and depicted as on Exhibit "B" attached to and incorporated
in this ordinance for all purposes.
SECTION 4.
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 5.
That the Municipal Services Agreements attached hereto as Exhibit"C"is approved
and incorporated into this ordinance for all purposes.
SECTION 6.
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 7.
SEVERABILITY CLAUSE
It is hereby declared to be the intent of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
Annexation—AX-19-013 Ordinance No.24072-03-2020
Page 3 of 8
City Council without the incorporation in this ordinance of any unconstitutional phrase,
clause, sentence, paragraph or section.
SECTION 8.
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 9.
EFFECTIVE DATE
This ordinance shall be in full force and effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
r
Melinda Ramos Mary J. K r
Senior Assistant City Attorney City Secretary
ADOPTED AND EFFECTIVE: March 3, 2020
\�-j OF FOB
_.;D
Annexation—AX-19-013 Ordinance No.24072-03-2020
Page 4 of 8
EXHIBIT A
MAP OF PROPERTY
io
0
E31pCl< n Tt+ss document wors prs3pered undar 22 TAC 663.21.
H. lhptl-Ip5 ntkfilipll does not reflect the esults of an on the ground
survey,and is not to be used to convey or establis1,
l Inst., 02000176,51 lx.terests in rsol property except those rights and
s ' interests implied or established by the creation or
f 1 C R.T,C„T, reconfiguration of the boundary of this political
0 7 I suodiviston for rhich it was prepared.' N
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Approx. location
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t/�1 ' ®• City Limits �11�
• � Approx, location x r 1
City of Saginaw oDO
(a' City Limits
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'•Prefim(iofy, (his document sholinot be
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t tiricisurvey document" 22 1AC 663.18C ; Oily O{ 5UyinOw
a i 1 Inst.•U19621684:5
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Dailey
Boswell Roar(
Annexation of 18.4 Acres ,
a � i
4 Situated in the Heirs of Benjamin Thomas Survey
Abstract No. 1497 z'
Tarrant County, Texas Ob / '+`061
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a 3
P E LOTO N crtnt'11c srat.E IN FEL 1
hLAND SOLUTIONS
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Annexation—AX-19-013 Ordinance No.24072-03-2020
Page 5 of 8
Exhibit B
Legal Description for Right-of-Way
"Portion Wagley Robertson Road"
BEING a portion of that tract of land situated in the Heirs of Benjamin Thomas Survey,
Abstract Number 1497,Tarrant County Texas, being a portion of Wagley Robertson Road
(County Road No. 4108) (R.O.W. varies), and being more particularly described as
follows:
BEGINNING in the West line of Wagley Robertson Road (County Road No. 4108)
(variable width R.O.W.), from which the Southeast corner of that portion of Wagley
Robertson Road dedicated by Plat recorded in Cabinet A, Slide 4406, County Records,
Tarrant County,Texas, bears S 89'54'00" E, 34.44 feet(per Plat);
THENCE S 890 54' 00"E, 50.0 feet (bearings and distances referenced from said Plat)
to the East line of said Wagley Robertson Road and the West line of City of Fort Worth
Annexation Ordinance No. 6390;
THENCE S 000 35' 00" E, 402.9 feet along the common line of said Wagley Robertson
Road and said Ordinance No. 6390;
THENCE N 890 54' 00" W, 50.0 feet to the West line of said Wagley Robertson Road;
THENCE N 000 35' 00" W, 402.9 feet to the Point of Beginning and containing 0.46 acre
of land, more or less.
Annexation—AX-19-013 Ordinance No.24072-03-2020
Page 6 of 8
EXHIBIT B
"Portion Wagley Robertson Road"
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"preliminary, this document sholl not be
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Approx. location !�
o City of Fort Worth
City Limits ...—
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City of Saginaw
City Limits
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Annexation of 0.46 Acre
Situated in the Heirs of Benjamin Thomas Survey
Abstract No. 1497
I#!1I P E LOTO N Tarrant County, Texas
D LAN SOLUTIONS
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Annexation—AX-19-013 Ordinance No.24072-03-2020
Page 7 of 8
EXHIBIT C
MUNICIPAL SERVICES AGREEMENT
(to be inserted)
Annexation—AX-19-013 Ordinance No.24072-03-2020
Page 8 of 8
CITI9 860 R�i
C111YATRACT NO, �
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS
AND CFI FARM PROPERTIES,LP.
Xhis Municipal Services Agreement ("Agreement") is entered into on day of
a�" by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas, ("City")and CFIFarmProperties,LP.("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 18.4 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-19-013 ("Annexation Case");
WHEREAS, City and Owner desire to set out the City services to be provided for the
Property on or after the effective date of annexation;
WHEREAS,the Annexation Case and execution of this Agreement are subject to approval
by the Fort Worth City Council; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein,City and Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the
Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full,
available municipal services to the Property in accordance with state law, which may be
accomplished through any means permitted by law. For purposes of this greement,
OfFTICNAL RECORD
riv SECRETA RRY
Owner-Initiated Annexation Service Agreement Fr. VWORTI f8�
municipal services" means all services provided by the City within its full-purpose
boundaries, including water and wastewater services and excluding gas or electrical service.
3. MUNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the municipal services
set forth below. As used in this Agreement, "providing services" includes having
services provided by any method or means by which the City may extend municipal
services to any other area of the City, including the City's infrastructure extension
policies and developer or property owner participation in accordance with
applicable city ordinances, rules, regulations, and policies.
i. Fire — The City's Fire Department will provide emergency and fire protection
services.
ii. Police — The City's Police Department will provide protection and law
enforcement services.
iii. Emergency Medical Services - The City's Fire Department and MedStar (or
other entity engaged by the City after the Effective Date)will provide emergency
medical services.
iv. Planning and Zoning—The City's Planning and Development Department will
provide comprehensive planning, land development, land use, and building
review and inspection services in accordance with all applicable laws, rules,
and regulations.
v. Parks and Recreational Facilities. Residents of the Property will be permitted
to utilize all existing publicly-owned parks and recreational facilities and all such
facilities acquired or constructed after the Effective Date (including conununity
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
using water-well and on-site sewer facilities on the Effective Date may continue
to use the same. If a property owner desires to connect an existing structure to
Owner-Initiated Annexation Service Agreement 2 of 8
the City water and sewer system, then the owner may request a connection and
receive up to 200 linear feet of water and sewer extension at the City's cost for
each occupied lot or tract in accordance with the City's "Policy for the
Installation of Community Facilities" and applicable law. Once connected to
the City's water and sanitary sewer mains, the water and sanitary sewage
service will be provided by the City at rates established by City ordinances for
such service.
x. Solid Waste Services—The City will provide solid waste collection services in
accordance with existing City ordinances and policies, except where prohibited
by law.
xi. Code Compliance — The City's Code Department will provide education,
enforcement, and abatement relating to code violations within the Property.
xii. Full Municipal Services — Commencing on the Effective Date, the City will
provide to the Property all services provided by the City within its full-purpose
boundaries and not otherwise listed above, except as provided in Section 3(b).
b. The City will provide water service and wastewater treatment service to developments
established after the Effective Date in accordance with, and on the schedule
determined by, the City's extension policies and applicable law and at rates
established by City ordinances for such services.
c. It is understood and agreed that the City is not required to provide a service that is
not included in this Agreement.
d. Owner understands and acknowledges that the City departments listed above may
change names or be re-organized by the City Manager. Any reference to a specific
department also includes any subsequent City department that will provide the same
or similar services.
4. SERVICE LEVEL. The City will provide the Property with a level of services, infrastructure,
and infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the City with topography, land use, and
population density similar to those reasonably contemplated or projected for the Property.
5. AUTHORITY. City and Owner represent that they have full power, authority and legal right
to execute, deliver and perform their obligations pursuant to this Agreement. Owner
acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City
Council. Nothing in this Agreement guarantees favorable decisions by the City Council.
6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to
be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability
will not affect the validity of any other part,term or provision, and the rights of the parties will
be construed as if the part,term, or provision was never part of the Agreement.
7. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation
relating to this Agreement, the terms and conditions of the Agreement will be interpreted
according to the laws of the State of Texas. The parties acknowledge that they are of equal
bargaining power and that each of them was represented by legal counsel in the negotiation
Owner-Initiated Annexation Service Agreement 3 of 8
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. Except as provided in Section 15, this Agreement constitutes the
entire agreement between the parties and supersedes all prior oral and written agreements
between said parties. This Agreement shall not be amended unless executed in writing by both
parties.
Executed as of the day and year first above written to be effective on the effective date of
annexation of the Property.
Owner-Initiated Annexation Service Agreement 4 of 8
CITY OF FORT WORTH CFI FARM PROPERTIES, LP, f/k/a
CFI Farm Properties, LLC
By: Saginaw Farm Properties, LLC,
its general partner
By:_1�6"A By:
Name: Name: ..
Title: Assistant City MMager Title: it
Approved as to Form and Legality:
Name: - L ,m
Senior Assistant City Attorney
� Rr
.�....
Attest: Al
-15f ii
Mary Kayse
City Secretary 7,E},�!.
Approvals:
M&C: _$o-Cuo
Ordinance No. O
1 O u K IAge.RECORD
C PEA 55)EC�ETA RY
FT. ` fORTH,TX
Owner-Initiated Annexation Service Agreement 0 8
State of Texas §
County of Tarrant §
This instrume t was acknowledged before me on the JJ day of , 2U
by , Assistant City Manager of the City of Fort Worth, a Texas
municipal corporatio , on behalf of said corporation.
By: � ______ __=
MARIAS.SANCHEZ
My Notary ID#2256490
Notary Public, State of Texas
F-xpires Dec„mbar 19,2021
State of T exas §
County of_76 ► rct_&1-1— §
This instrumentwas acknowledged before me on the�day of'J • , 20ap
0 u
b '12d4&k; YI. ,1,/d/JZ-Manager of Saginaw Farm Properties, LLC, general pa for CFI
Farm Pro ert LP.
By: '
�1 YiNN,
Notar Public, State of Texas Rr p��- CORRIE WALKER
,_
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vP �®#128452351
'� •OF o' MY O mmL�NOM190 22,202
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
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Owner-Initiated Annexation Service Agreement 6 of 8
EXHIBIT A
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Annexation of 18,4 Acres
Situated in the Heirs of Benjamin Thomas Survey
Abstract No. 1497
Tarrant County, Texas
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Owner-Initiated Annexation Service Agreement 7 of
EXHIBIT A
DESCRIPTION OF
AREA OF ANNEXATION
BEING a portion of that tract of land situated in the Heirs of Benjamin Thomas Survey, Abstract
Number 1497, City of Saginaw, Tarrant County Texas, described by deed to CFI Farm Properties
LLC, recorded in Instrument Number D209083861 County Records, Tarrant County, Texas, and
being more particularly described as follows:
BEGINNING in the West line of Wagley Robertson Road County Road No. 4108) (variable width
R.O.W.), from which the Northeast comer of said CFI tract bears S 89' 54'00"E, 34.44 feet (deed
call) in said Wagley Robertson Road and the Southeast comer of that portion of Wagley Robertson
Road dedicated by Plat recorded in Cabinet A, Slide 4406, County Records,Tarrant County, Texas;
THENCE S 000 35' 00"E,approximately 402.9 feet, along the West line of said Wagley Robertson
Road, to the North line of City of Fort Worth Annexation Ordinance No. 7916;
THENCE N 890 54' 00" W, approximately]993.3 feet (bearings and distances referenced from
said CFI Farm tract) along the North line of said City of Fort Worth Annexation Ordinance No.
7916 to the West line of said Cranz tract and the East line of City of Fort Worth Annexation
Ordinance No. 16704;
THENCE N 000 35' 00" W, approximately 402.9 feet, along the East line of said City of Fort
Worth Annexation Ordinance No. 16704 to the Northwest comer of said CFI tract;
THENCE S 890 54' 00" E, approximately 1993.3 feet, to the Point of Beginning and containing 1.8.4
acres of land, more or less.
Owner-Initiated Annexation Service Agreement 8 of 8
Annexation AX-19-013 Exhibit
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DESIGNATION 1:18,000 12/06/2019
= Full Purpose Adjacent Cities
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City of Fort Worth,Texas
Mayor and Council Communication
DATE: 02/18/20 M&C FILE NUMBER: M&C 20-0069
LOG NAME: 06AX-19-013-8350 WAGLEY ROBERTSON ROAD-OWNER-INITIATED
SUBJECT
Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner-Initiated Annexation
of Approximately 18.4 Acres of Land in Tarrant County,Known as 8350 Wagley Robertson Road and 0.46 Acres of County Right-of--Way,Located
North of Bailey Boswell Road Along the Western Edge of Wagley Robertson Road,in the Far Northwest Planning Sector,AX-19-013(FUTURE
COUNCIL DISTRICT 7)(Continued from a Previous Week)
(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 18.4 acres of land in Tarrant County,known
as 8350 Wagley Robertson Road,located north of Bailey Boswell Road along the western edge of Wagley Robertson Road and 0.46 acres
of Wagley Robertson Road,as shown on Exhibit A;
2. Authorize Execution of Municipal Services Agreement between the City and property owners,CFI Farm Properties, LLC for 18.4 acres of
land in Tarrant County;and
3. Adopt ordinance annexing approximately 18.4 acres of land in Tarrant County,Texas and 0.46 acres of Wagley Robertson right-of--way for full
purposes.
DISCUSSION:
On December 6,2019,representatives for the property owners,CFI Farm Properties,LLC.,submitted an application for full-purpose annexation of
the property shown on Exhibit A into the City of Fort Worth. The subject property is situated entirely in the City's extraterritorial jurisdiction,which is
in Tarrant County. The site is located north of Bailey Boswell Road along the western edge of Wagley Robertson Road. This owner-initiated
annexation,which contains approximately 18.4 acres,is currently vacant. The proposed annexation is consistent with the urban development
annexation criteria as established by the City's Annexation Policy. The property is proposed for fifty individual lots of residential type development
and the proposed zoning is"A-7.5&A-5"One-Family Residential. The proposed use is consistent with the future land use map of the 2019
Comprehensive Plan.
The proposed voluntary annexation abuts 0.46 acres of county right-of-way.Under Section 43.106 of the Texas Local Government Code, "a
municipality that proposes to annex any portion of a county road or territory that abuts a county road must also annex the entire width of a county
road and the adjacent right-of way on both sides of the county road." The annexation of the 0.46 acre is the required rights-of--way portion of the
county road.
On January 07,2020 the related zoning case(ZC-19-003)was heard by the Zoning Commission,and the commission voted to recommend
approval of"A-7.5&A-5"One-Family Residential zoning to City Council.
Subchapter C-3 of Chapter 43 of the Texas Local Government Code(LGC)provides for the process of annexation of an area upon a request of an
owner of land. Section 43.0672 of the LGC requires a municipality that elects to annex an area upon the request of an owner first negotiate and
enter into a written agreement with the owners of land in the area for the provision of municipal services.
The agreement must include:
1. A list of each service the municipality will provide on the effective date of the annexation,and
2. A schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the
annexation.
The municipal services agreement includes these provisions in accordance with state law.
The proposed 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
Staff recommends approval of the requested owner-initiated annexation,AX-19-013.
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,CFI Farm Properties,LLC.and
adopt an ordinance annexing 18.4 acres of land and.46 acres of Wagley Robertson right-of-way for full purposes.
Upon approval of the annexation request,the property will become part of COUNCIL DISTRICT 7,
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that 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 City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: Randle Harwood 6101
Additional Information Contact: Leo Valencia 2497