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HomeMy WebLinkAboutOrdinance 24976-08-2021 ORDINANCE NO. 24976-08-2021 AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR FULL-PURPOSE ANNEXATION OF A CERTAIN 45.949 ACRES OF LAND, MORE OR LESS, OUT OF THE OUT OF THE CYRUS K. GLEASON SURVEY, ABSTRACT NUMBER 559, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN CALLED 47.22 ACRE TRACT OF LAND DESCRIBED BY DEED TO HOWARD SCOTT CARRELL, AS RECORDED IN COUNTY CLERK'S FILING NUMBER D219137430, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (CASE NO. AX-21-006) 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 Wyatt Carrell, the owners, requesting the full-purpose annexation of 45.949 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, Subchapter C-3 of Chapter 43 of the Texas Local Government Code authorizes the City to annex an area if each owner of land in an area requests the annexation; and WHEREAS, in accordance with section 43.0672 of the Texas Local Government Code, Wyatt Carrell and the City negotiated and entered into a written agreement, City Secretary Contract No. 56134, 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 August 24, 2021 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. owners and residents of the area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That all portions of the Property, comprising approximately 45.949 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 atract ofland situated inthe Cyrus K.Gleason Survey,Abstract Number 559,Tarrant County, Texas,and being a portion ofthat certain called 47.22 acre tract ofland described by deed to Howard Scott Carrell, as recorded in County Clerk's Filing Number D219137430, Official Public Records,Tarrant County,and being more particularly described by metes and bounds as follows: BEGINNING atthe intersection ofthe South Right-of-Way line ofOld Weatherford Road(an existing 50' Right-of-Way)and the east line of said called 47.22 acre tract,said point being in the south line ofthe existing City of Fort Worth City Limits as described in the City of Fort Worth Ordinance Number7410, also being inthe west line ofthatcertaintractofland described indeedto Texas Utilities Electric Company,as recorded in Volume 8736,Page 1783,Official Public Records,Tarrant County,Texas; THENCE S 00018'00"W,a distance of 1226.00 feet along the east line of said called 47.22 acre tract and the west line of said Texas Utilities Electric Company tract and then along the westline ofthatcertain called 12.5351 acretractofland described indeedto Christine Cantwell Greback,as recorded in County Clerk's File Number D206042059,Official Public Records, Tarrant County,Texas to the southeast corner of said called 47.22 acre tract and being in the north line ofthat certain called 56.864 acre tract of land described in deed to Uplift Education, as recorded in County Clerk's File Number D218112370, Official Public Records,Tarrant County,Texas and also being inthe north line ofthe City off ortWorthCity Limits as described in the City of Fort Worth Ordinance Number 8612; THENCE N 90000'00"W,a distance of 1632.60 feet along the south line of said called 47.22 acre tract, the north line of said called 56.864 acre tract and the north line of said City ofFort Worth City Limit line described in said City of Fort Worth Ordinance Number 8612 to the southwest comer ofsaid called 47.22 acre tract,the northwest comer ofsaid called 56.864 acre tract and being in the east line ofthat certain called 17.217 acre tract described indeed to Elaine Wagner,as recorded in Volume 14685,Page 420,Official Public Records,Tarrant County, Texas and being the most westerly northwest corner of said City of Fort Worth City Limits as described inthe City off ort Worth Ordinance Number 8612; THENCE N 00018'00"E,a distance of 1226.00 feet along the west line of said called 47.22 Annexation—AX-21-006 Ordinance No.24976-08-2021 acre tractand alongthe east line ofsaid called 17.217 acre tract,alongthe eastterminus ofatract of land acquit to the public as a 50' Right-of-Way as recorded in volume 4013,Page 554, official Public Records,Tarrant County,Texas andthen alongthe east line ofthat certain called 9.312 acre tract ofland described in deed to Paul Al Ravaris and wife,Louisa Sai Ravaris,as recorded inVolume 11665,Page 992,Official Public Records,Tarrant County,Texas andthen along the east line of Lot 5R,Cocasa Estates and recorded in County Clerk's File Number 0214051997,Official Public Records,Tarrant County,Texas to the northwest corner ofthe herein described tract, being in the south Right-of-Way line of the aforementioned Old Weatherford Road andthe south line ofthe existing City ofFort WorthCity Lim 1 is as described in the City of Fort Worth Ordinance Number 7410; THENCE N 90000'00"E,a distance of 1 s32.60 feet along said south Right-of-Way line and said existing City ofFort Worth City Limits as described in the City ofFort Worth Ordinance Number 7410 retuning to the Point of Beginning and containing 2,001,540 square feet or 45.949 acres ofland,more or less. 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 Municipal Services Agreement and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. SECTION 4. That the Municipal Services Agreement attached hereto as Exhibit`B" is approved and incorporated into this ordinance for all purposes. SECTION 5. CUMULATIVE CLAUSE This ordinance amends every prior ordinance in conflict herewith,but as to all other ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the same is hereby made cumulative. Annexation—AX-21-006 Ordinance No.24976-08-2021 SECTION 6. SEVERABILITY CLAUSE It is hereby declared to be the intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional phrase, clause, sentence,paragraph or section. SECTION 7. SAVING CLAUSE The City Council hereby declares it to be its purpose to annex to the City of Fort Worth every part of the area described in Section 1 of this ordinance,regardless of whether any part of such described area is hereby not effectively annexed to the City. Should this ordinance for any reason be ineffective as to any part or parts of the area hereby annexed to the City of Fort Worth for full purposes, the ineffectiveness of this ordinance as to any such part or parts shall not affect the effectiveness of this ordinance as to the remainder of such area. SECTION 8. EFFECTIVE DATE This ordinance shall be in full force and effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Qmu Melinda Ramos gonaldP. Gonzales Senior Assistant City Attorney Acting City Secret ADOPTED AND EFFECTIVE: August 3, 2021 Annexation—AX-21-006 Ordinance No.24976-08-2021 EXHIBIT A 0 Q Ln 0 ? z ° uo :D a� NWW�W F� 2� ?cr 1 Lu O p -� 650Z6090Z0#= 2�i ^li 2 2�3 LL]U =yy 2 J Z yQ S3brDv iSES Zi 037wD J W �I' O a 4 Q , ~W ''W 2 F ?DVG3bFD QQ�wOti J I z OO�CpWC l/1 2 u]5 8 d 773M1NVD 9NllSR/HO I w� ot�W ova 31 I 2� �N8 m;5�� 1 U9 H1aoM lao=l ¢ II Q O z z V to Up `a N AINf10J H1aOM 1a0� I A.M001NtlaaV1 Y w (� 1Ntlaatll 00'9ZZi M OO,gioo0 S Q J F Q w _ Q z cK Q Q O a v �U ( 0� r ?r N 00� cq cK ;c •, Iaa j�v W � t,. w� Q � oin a p � >J ti N ( Yn to J Lj (p 4 LLJ sw } 1S 1P 8 w8 SO 05b �¢r1~ N U OCOn > N MD g Z cK n Olga � p^Ch~ 1701 O O\V 70h� 3 O�p�d c $ z2 �w rho ^+a Whoa Ed �t$ t off$ �WpO g �youd 0� �2g ICJ jqU mz m x °NE = v o`^� wq�ns o bo "5�" = 2 �t�W a NoH �'�•. o Z _ o O 12- CWQj \ G 4 Y 3 N 0 O H 2 h OQZ'3N Z¢ qW C 42� ,W m�B� U I H O QQ a ; � d2 �0 8y ov Sc is ; o bob � QmJ�a` E v w$ o 0 u] ' U x '1 V V1 C T V N ,00'9ZZi 3„oagr.00 N _N m— O 3ND 1IND ALIJ`JN71SIX3 r'+v U9 HlaOM 1a0� F Q r I 0 Gm N U O AUNnO:)INtlaaV1 0 ?® Onlg N33bJ 13d4HO p u mN �u~iou i do�� i I Wo >> dZro m .} a0 1�; 1; Cry r �� =0 W R� I O� WIC C @ Zc h O O C41 i 2Q�ry I��j Ql31C iWU I� uu°� --J UU I ^�uil�vl jO JOi�-!W nib�Z3 t y Co 0"�ti�mV U ugV'^'�� mR� Q�W^WOd ��i �iW�p F L > '0J H I 3 U9 HlaOM 1a03 0.j 0 �— '' 3 .UNf1601NVaaV1 O Annexation—AX-21-006 Ordinance No.24976-08-2021 Exhibit B Municipal Services Agreement Annexation—AX-21-006 Ordinance No.24976-08-2021 CITY SECRETARY �. CONTRACT NO. MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND WYATT CARRELL T is Municipal SeTvices Agreement ("Agreement") is entered into on ,{� day of by and between the City of Fort Worth, Texas, a home-rule murAipality of the State of Texas,("City")and Wyatt Carrell ("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, Section 43.0671 of the LGC permits the City to annex an area if each owner of land in an area requests the annexation; WHEREAS,where the City elects to annex such an area, the City is required to enter into a written agreement with the property owner(s) that sets forth the City services to be provided for the Property on or after the effective date of annexation (the "Effective Date"); WHEREAS, Owner owns certain parcels of land situated in Tarrant County, Texas, which consists of approximately 45.949 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-21-006 ("Annexation Case"); WHEREAS, City and Owner desire to set out the City services to be provided for the Property on or after the effective date of annexation; WHEREAS,the Annexation Case and execution of this Agreement are subject to approval by the Fort Worth City Council; and NOW THEREFORE, in exchange for the mutual covenants, conditions and promises contained herein,City and Owner agree as follows: 1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the Annexation Case. 2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full, available municipal services to the Property in accordance with state law, which may be accomplished through any means permitted by law. For purposes of this Agreement, "full municipal services" means all services provided by the City within its full-purpose DERMAL RECORD Owner-Initiated Annexation Service Agreement 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 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 using water-well and on-site sewer facilities on the Effective Date may continue to use the same. Water and Wastewater services will be provided upon the inclusion of the area in the Certificate of Convenience and Necessity(CCN) for Owner-initiated Annexation Service Agreement 2 of 8 the City. 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-p rpose 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 i 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 qual 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. S. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division and construed in conformity with the provisions of Texas Local Government Code Chapter 43. 9. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 11. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 12. CAPTIONS. The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH THE LAND. This Agreement is binding on and inures to the benefit of the parties, their successors, and assigns. The term of this Agreement constitutes covenants running with the land comprising the Property, is binding on the Owner and the City, and is enforceable by any current or future owner of any portion of the Property. 14. ENTIRE AGREEMENT. Except as provided in Section 15, this Agreement constitutes the entire agreement between the parties and supersedes all prior oral and written agreements between said parties. This Agreement shall not be amended unless executed in writing by both parties. Executed as of the day and year first above written to be effective on the effective date of annexation of the Property. Owner-Initiated Annexation Service Agreement 4 of 9 CITY OF FORT WORTH WYATT CARRELL By: By: Name: Name: �Natt Carrell Title:_ Assistant City Manager Title: fir" Approved as to Form and Legality: NamejAe.1u-U ;�bs Senior Assistant City Attorney Attest: Mary Kftyfioe c d `�.�on24LaS �. Secretary Approvals: M&C: -p515 08103/aOA I Ordinance No. '����Q'OS"r ? 1 fC FFICIAL RECORDITY SECRETARY T. WORTH,TX Owner-Initiated Annexation Service Agreement 5 of 8 State of Texas § County of Tarrant § This ;.^Lstrurnent was acknowledged before me on the,.IAOtday of _, 2021, by Da,W &A r'ab(b�p , Assistant City Manager of the City of AFortlotlh, a Texas mun=_ciYal corpora ton,on behalf of said corporation. By. ' EM] N HEZ Notary Public, State of TexasC#2256490er 19,2021 State of Texa § County of�/45 4 § This instrument was acknowledged before me on the�7-6(ay of , 2021, by W att C ell. By: 2<2 is Notary Public, State of Texas Anpla Jean Bayless Ij 01 W=24 Ems` After Recording Return to: 'Bi* ID No.128844a9J' City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY � FT. WORTH,TX Owner-Initiated Annexation Service Agreement 6 of 8 EXHIBIT A 4n a z a^� v z� Q bQ ONO T] 0 1l�t-CCC W Q m 650rCd90r0 f-V �, �w1U-- v a ,,3 VV f'�ii "'W F- vl v e i 0b-30115071 0377V7 a>>Cc, lox, 2 a ! 773MINV.)3NLISIUM3 }u r mm O s^f1 S N p� as `I13 HLk �� ' x4 daalU�yp J3NIVOM"03 0 LV0J O M O Nn 1NV1!»Vt Z to p ar ac ^� 00'9ZZ7 M.00 87000 S S Z�' ' F cc Q a U > o�zNa D 2a0a 3 4pa cc a 7= sly F OS�°C PS s k Gl 7 Q i a� 01 y o c oo � v, W0.W } , eyts '�S' W 0, u SIDE q%Q� Lu-iV q , ~ us o aapCk g fa fta at o $ c� Q $ i ig �v o erQ ti o }}C y^ iz ,� C�]-tea C O MU 08 o !g`Az1yz`L2g = L�• tg� p 4 r C Nw GC V S{ a 2®wo�t�oW s qq N CC o at iT; xx a uY .00'9ZZi 3.0=600N 2AF J1W17W3!WUSLG iao Q (13 t4LMOM"03 8 ALNnOJ LNMlUY-L > C A-19 Y33VD 13dVH31 GC �o `� , s3'°r3H t i °70 ``' ' m w� � �i Wr tii-nx' c1,�s�+ pL�► Nock �>�rp I SU <ai Ygaii m� F"� :v u ,W�o Ot 1 ^ Q cWN�.a>Zik�� N v� --------"---. �'�W` 3 I�wy O'4C r V°U. `OdSs 3 U3 NIVOM 1gOd " ALNnM INVWV1 Owner-Initiated Annexation Service Agreement 7 of 8 EXHIBIT A Continued BEING a tract of land situated in the Cyrus K. Gleason Survey,Abstract Number 559,Tarrant County, Texas, and being a portion of that certain called 47.22 acre tract of land described by deed to Howard Scott Carrell, as recorded in County Clerk's Filing Number D219137430, Official Public Records,Tarrant County,and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of Lot 1, Block H, Chapin Village Addition, as recorded in County Clerk's File Number D218245473, Official Public Records,Tarrant County,Texas also being the northwest corner of that certain called 56.864 acre tract of land described in deed to Uplift Education, as recorded in County Clerk's File Number D218112370, Official Public Records,Tarrant County,Texas and said point being the southwest corner of said called 47.22 acre tract and being in the east line of that certain called 17.217 acre tract described in deed to Elaine Wagner, as recorded in Volume 14685, Page 420, Official Public Records,Tarrant County,Texas and being the most westerly northwest corner of the City of Fort Worth City Limits as described in the City of Fort Worth Ordinance Number 8612; THENCE N 00°18'00"E, a distance of 1226.00 feet along the west line of said called 47.22 acre tract and along the east line of said called 17.217 acre tract, along the east terminus of a tract of land acquit to the public as a 50' Right-of-Way as recorded in volume 4013, Page 554,official Public Records,Tarrant County, Texas and then along the east line of that certain called 9.312 acre tract of land described in deed to Paul AI Ravaris and wife, Louisa Sai Ravaris, as recorded in Volume 11665, Page 992,Official Public Records, Tarrant County,Texas and then along the east line of Lot 5R, Cocasa Estates and recorded in County Clerk's File Number D214051997, Official Public Records,Tarrant County,Texas to the northwest corner of the herein described tract, being in the south Right-of-Way line of the aforementioned Old Weatherford Road (an existing 50' Right-of-Way)and the south line of the existing City of Fort Worth City Limits as described in the City of Fort Worth Ordinance Number 7410; THENCE N 90'00'00"E, a distance of 1632.60 feet along said south Right-of-Way line and said existing City of Fort Worth City Limits as described in the City of Fort Worth Ordinance Number 7410 to the intersection of the South Right-of-Way line of Old Weatherford Road and the east line of said called 47.22 acre tract, also being in the west line of that certain tract of land described in deed to Texas Utilities Electric Company, as recorded in Volume 8736, Page 1783, Official Public Records,Tarrant County,Texas; THENCE S 00°18'00"W, a distance of 1226.00 feet along the east line of said called 47.22 acre tract and the west line of said Texas Utilities Electric Company tract and then along the west line of that certain called 12.5351 acre tract of land described in deed to Christine Cantwell Greback,as recorded in County Clerk's File Number D206042059, Official Public Records,Tarrant County,Texas to the southeast corner of said called 47.22 acre tract and being in the north line of the aforementioned Lot 1, Block H, Chapin Village Addition,the north line of said called 56.864 acre tract and also being in the north line of the aforementioned City of Fort Worth City Limits as described in the City of Fort Worth Ordinance Number 8612; THENCE N 90°00'00"W,a distance of 1632.60 feet along the south line of said called 47.22 acre tract,the north line of said Lot 1, Block H, Chapin Village Addition and the north line of said called 56.864 acre tract and the north line of said City of Fort Worth City Limit line described in said City of Fort Worth Ordinance Number 8612 to the southwest corner of said called 47.22 acre tract,the northwest corner of said called 56.864 acre tract and being in the east line of that certain called 17.217 acre tract described in deed to Elaine Wagner,as recorded in Volume 14685, Page 420, Official Public Records,Tarrant County,Texas and being the most westerly northwest corner of said City of Fort Worth City Limits as described in the City of Fort Worth Ordinance Number 8612 returning to the Point of Beginning and containing 2,001,540 square feet or 45.949 acres of land, more or less. Owner-initiated Annexation Service Agreement 8 of 8 City of Fort Worth, Texas Mayor and Council Communication DATE: 08/03/21 M&C FILE NUMBER: MW'k $5f LOG NAME: 06AX-21-006 CARRELL TRACT—OWNER IN ITITATED SUBJECT (Future CD 3)Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner-Initiated Annexation of Approximately 45.949 Acres of Land in Tarrant County, Known as the Carrell Tract, Located West of Chapel Creek Boulevard and Along the Southern Edge of Old Weatherford Road,in the Far West Planning Sector,AX-21-006 (PUBLIC HEARING-a.Report of City Staff:Mary Elliott;b. Public Comment;c.Council Action:Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct public hearing for the proposed owner-initiated annexation of approximately 45.949 acres of land in Tarrant County located west of Chapel Creek Boulevard and along the southern edge of Old Weatherford Road, as shown on Exhibit A;and 2. Authorize execution of Municipal Services Agreement between the City and property owner, Wyatt Carrell;and 3. Adopt ordinance annexing AX-21-006 for full purposes. DISCUSSION: On June 2,2021, representatives for the property owner Wyatt Carrell, submitted a request for full-purpose annexation of the property shown on Exhibit A into the City of Fort Worth. The subject property is located entirely in that portion of the City's extraterritorial jurisdiction which is in Tarrant County. The site is located west of Chapel Creek Boulevard along the southern edge of Old Weatherford Road. The owner-initiated annexation, which is approximately 45.949 acres,is consistent with the urban development annexation criteria as established by the City's Annexation Policy. The subject area is currently agricultural land and the property owner's proposal of residential type development is consistent with the future land use map of the 2021 Comprehensive Plan. On July 14,2021,the related zoning case(ZC-21-085)was heard by the Zoning Commission,and the commission voted to recommend approval of the requested zoning to City Council. The requested zoning is"A-Y Single Family Residential.Avenue. The proposed annexation site is served by Old Weatherford Road. The applicant has verified that the right-of-way adjacent to the proposed annexation site is wholly located within the City of Fort Worth. Furthermore,Old Weatherford Road stretching east of the Carrell Tract to Wakecrest Drive is within the City Limits. This segment of Old Weatherford has been annexed previously with ordinance number 7410. Old Weatherford Road is a proposed 100-foot right-of-way. The developer will need to dedicate right-of-way in accordance with the Master Thoroughfare Plan. Upon annexation,the property will be subject to rough proportionality which will be assessed at the time of preliminary platting. The development will be located within Transportation Impact Fee Service Area S and subject to the transportation impact fee ordinance in accordance with the applicable final plat recordation. This annexation is roughly within a 2 to 2.5 mile driving distance of fire station 32. Assuming an average fire apparatus speed of 35 MPH,the truck would arrive at this development within the 5-minute response time goal. Once fire station 43 opens later this summer at Cook Children's Walsh Ranch,this station will provide additional coverage for this area until the permanent fire station 43 opens approximately 2 years from now near the intersection of Walsh Ranch Parkway and Walsh Avenue. 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. A fiscal impact analysis was generated with the assistance of various City Departments. The fiscal impact analysis was then provided to Planning&Data Analytics for review. City tax revenue is expected to have a positive fiscal impact over the next ten 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-21-006. 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 and adopt an ordinance annexing AX-21- 006 for full purposes. If annexed,this property will become part of COUNCIL DISTRICT 3. 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 City Manager's Office by; Dana Burghdoff 8018 Originating Business Unit Head: D.J.Harrell 8032 Additional Information Contact: Leo Valencia 2497 Expedited 819/2021 City of Fort Worth-File#:M&C 21-0515 Home Legislation Calendar City Council Departments Shut:�E�SS j;Y_Marls} Details Reports City of Fort Worth-Action Deteita Fie r M&C 21-0515 Version:1 Name: Details Type: Land-Report of CM Status: Pa Fie t:' MC 210515 vvr-inn:1 File created: 7/29/2021 In control; 0 Type: Land-Report of CM On agenda: 8/3/2021 Final action: 8/ Tye; (Future CD 3)Conduct Public Hearing,Authorize Execution of Mu (Future CD 3)Conduct Public Hearing,Authorize Execution of Munic Consider Adop ng Ordinance for the Proposed Owner-Initiated A Try: Annexation of Approximately 45.949 Acres of Land in Tarrant Count Acres of Land in Tarrant County,Known the Carrell Tract Loci Southern Edge of Old Weatherford Road,in the Far West Planning f and Along the Southern Edge of Old Weatheftrd Road,in the Fa Comment:c.Council Action:Close Public Hearing and Act on M&C) (PUBLIC HEARING-a.Report of City Staff:Mary Elliott;b.Public Public Hearing and Act on M&C) Attachments: 1.M&C 21-0515,2.Ftibit-Sit�AX-il 006 Carrel Trac*„p�f 3.Mum Michael D.Crain Seconder Car History(1) Text Result: L t record Group Expxut Agenda note: Date VW. Amon By Action Minutes note: Mayor Parker opened the public Tearing. -ate- .- --- -- 8/3/2021 1 CITY COUNCIL Approved 1. Report of City Staff Ms. Mary Elliott, Development, Services Departr and provided a staff report. 2. Public Comments Mr. Christopher Tysdal, 1707 Market Place Boule- in support of M&amp;C 21-0515 and was recogn unreachable via conference call. httpsJ/fortworthgov.legistarcom/LegistationDetail.aspx?iD=5072926&GUID=FDE576C7-F60C-4202-85D2-605C2044E46F 1/1 Annexation - AX-21 -006 Exhibit Addition of approximately 45.949 Acres to become part of Council District 3 ! '-LC,1F1FA R r X- f ' Lull, -�3' HORNB t O IVES I U t tixA' � 4 Cw ! Parker ! Tarr t9-17 7 ....:: .... . ..... .. r ! Y - ' I � a i Carrell Tract # � r r r't s CHANN ,; -- --- --.- -� _ ------ 1 � r FoR_ ,__ 0 400 800 1,600 Feet Fort worth I I Planning&Development Department DESIGNATION 1:14,400 06/23/2021 Full Purpose Adjacent Cities (" ` COPYRIGHT 2021 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A ® Limited Purpose - County Boundaries VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY,THE ACCURACY IS NOT TO BE TAKEN I USED AS DATA Extraterritorial Jurisdiction Q Annexation Area 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: 08/03/21 M&C FILE NUMBER: M&C 21-0515 LOG NAME: 06AX-21-006 CARRELL TRACT—OWNER INITITATED SUBJECT (Future CD 3)Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner-Initiated Annexation of Approximately 45.949 Acres of Land in Tarrant County, Known as the Carrell Tract, Located West of Chapel Creek Boulevard and Along the Southern Edge of Old Weatherford Road,in the Far West Planning Sector,AX-21-006 (PUBLIC HEARING-a.Report of City Staff: Mary Elliott; b.Public Comment;c.Council Action:Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct public hearing for the proposed owner-initiated annexation of approximately 45.949 acres of land in Tarrant County located west of Chapel Creek Boulevard and along the southern edge of Old Weatherford Road,as shown on Exhibit A;and 2. Authorize execution of Municipal Services Agreement between the City and property owner,Wyatt Carrell;and 3. Adopt ordinance annexing AX-21-006 for full purposes. DISCUSSION: On June 2,2021, representatives for the property owner Wyatt Carrell,submitted a request for full-purpose annexation of the property shown on Exhibit A into the City of Fort Worth. The subject property is located entirely in that portion of the City's extraterritorial jurisdiction which is in Tarrant County. The site is located west of Chapel Creek Boulevard along the southern edge of Old Weatherford Road. The owner-initiated annexation, which is approximately 45.949 acres,is consistent with the urban development annexation criteria as established by the City's Annexation Policy. The subject area is currently agricultural land and the property owner's proposal of residential type development is consistent with the future land use map of the 2021 Comprehensive Plan. On July 14,2021,the related zoning case(ZC-21-085)was heard by the Zoning Commission, and the commission voted to recommend approval of the requested zoning to City Council. The requested zoning is"A-5"Single Family Residential.Avenue. The proposed annexation site is served by Old Weatherford Road. The applicant has verified that the right-of-way adjacent to the proposed annexation site is wholly located within the City of Fort Worth. Furthermore,Old Weatherford Road stretching east of the Carrell Tract to Wakecrest Drive is within the City Limits. This segment of Old Weatherford has been annexed previously with ordinance number 7410. Old Weatherford Road is a proposed 100-foot right-of-way. The developer will need to dedicate right-of-way in accordance with the Master Thoroughfare Plan. Upon annexation,the property will be subject to rough proportionality which will be assessed at the time of preliminary platting. The development will be located within Transportation Impact Fee Service Area S and subject to the transportation impact fee ordinance in accordance with the applicable final plat recordation. This annexation is roughly within a 2 to 2.5 mile driving distance of fire station 32. Assuming an average fire apparatus speed of 35 MPH,the truck would arrive at this development within the 5-minute response time goal. Once fire station 43 opens later this summer at Cook Children's Walsh Ranch,this station will provide additional coverage for this area until the permanent fire station 43 opens approximately 2 years from now near the intersection of Walsh Ranch Parkway and Walsh Avenue. 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. A fiscal impact analysis was generated with the assistance of various City Departments. The fiscal impact analysis was then provided to Planning& Data Analytics for review. City tax revenue is expected to have a positive fiscal impact over the next ten 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-21-006. 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 and adopt an ordinance annexing AX-21- 006 for full purposes. If annexed,this property will become part of COUNCIL DISTRICT 3. A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION I 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: D.J.Harrell 8032 Additional Information Contact: Leo Valencia 2497 Expedited