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
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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
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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&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
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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