HomeMy WebLinkAboutOrdinance 25187-11-2021ORDINANCE NO. 25187-11-2021
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 65.305 ACRES
OF LAND, MORE OR LESS, OUT OF THE OUT OF THE G.
OVERTON SURVEY, ABSTRACT NUMBER 972, DENTON
COUNTY, TEXAS, BEING A PORTION OF THAT TRACT OF
LAND DESCRIBED BY DEED TO AIL WEST 2, LLC, RECORDED
IN INSTRUMENT NUMBER 2019-113267, REAL PROPERTY
RECORDS, DENTON COUNTY, TEXAS (CASE NO. AX-21-005)
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 AIL
West 2, LLC & AIL West Investment, L.P., the owners, requesting the full -purpose
annexation of 65.305 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 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
Govemment Code, the City section 43.0672 of the Texas Local Government Code AIL
West 2, LLC & AIL West Investment, L.P., and the City negotiated and entered into a
written agreement, City Secretary Contract No. 5 STO , 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 43.0686 of the Local Government Code on September
14, 2021 at 7:00 p.m., at the City Council Chamber; and square footage in the descriptions.
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 65.305 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 tract of land situated in the G. Overton Survey, Abstract Number 972, Denton
County, Texas, being a portion of that tract of land described by deed to AIL West 2, LLC,
recorded in Instrument Number 2019-113267, Real Property Records, Denton County,
Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at the northwest corner of said AIL West 2 tract, being the southwest corner
of that tract of land described by deed to the City of Fort Worth, recorded in Instrument
Number 2005-73598, said Real Property Records, and being in the east line of that tract of
land described by deed to AIL Investment, LP, recorded in Instrument Number 2019-
15666, and AIL West, LLC, recorded in Instrument Number 2019-15667, both of said Real
Property Records, from which the northeast corner of Lot 1R1, Block 1,Westport Addition,
addition to the City of Fort Worth, recorded in Instrument Number D219094920 of County
Records, Tarrant County, Texas, bears S 25°55'02"W, 4528.14 feet;
THENCE N 89°59'39"E, 871.88 feet, with the north line of said AIL West 2 tract and the
south line of said City of Fort Worth tract, to the northeast corner of said AIL West 2 tract
and the northwest corner of that tract of land described by deed to the City of Fort Worth,
recorded in Instrument Number 2003-170163, said County Records;
THENCE S 09°53'51"E, 1863.69 feet, departing said common line with the east line of
said AIL West 2 tract;
THENCE over and across said AIL West 2 tract the following bearings and distances:
N 75°42'36"W, 686.80 feet, departing said east line;
S 10°07'09"E, 1072.99 feet;
S 24°32'14"W, 1583.71 feet, to the west line of said AIL West 2 tract and being in
the east line of that remainder tract of land described by deed to AIL Investment,
LP, recorded in Volume 4246, Page 498, said Real Property Records;
THENCE N 00°50'40"W, 1452.47 feet, with said common line;
Annexation—AX-21-005 Ordinance No. 25187-11-2021
THENCE N 00°45'46"W, 2711.25 feet to the Point of Beginning and containing
2,844,675 square feet or 65.305 acres of land 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.
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
Annexation—AX-21-005 Ordinance No. 25187-11-2021
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:
4Y1AVY1-/
Melinda Ramos Ronald P. Gonzales '
Senior Assistant City Attorney Acting City Secretary
ADOPTED AND EFFECTIVE: November 9, 2021
Annexation—AX-21-005 Ordinance No. 25187-11-2021
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GRAPHIC SCALE IN FEET
AL Investment, LP
Inst.• 2019-15666 /'>
AIL West, LLC /5
Inst • 2019-'5667 /
R.P.R 0 C.T.
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Lot 971, Block 1
Westport Add.
Ins t. •0219094920
C.R. T.C. T.
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AL Investment, LP
(Remainder)
V o'. 42a6, Pc 498
R.F,R D.0 T.
"This document wcs p-epored under 22 TAC 663.21,
does na1 reflect the results of an o n t•e groove
survey, and is not to be used to convey or estab'!,sh
interests in olproperty except those rights a
interests ,mpFed or established by the creation and
reconfiguration of the boundary of the political
subd,•ns.an for eh.rh it was prepared."
EXHIBIT A
0 ty of Fort Worth
Inst • 2005-73598
R.P.R C C.T.
i
AL West 2, LLC
Inst.• 2019-113267
R.P.R.D.C.T.
65.335 Acres
1
AIL West 2, LLC \ /
Inst • 2019-113267 /
R.P.R 0 C.T
"Intecrol ports of this tlecument
1 DescrIpt'on - 2 Pages
2 EO,ib,t
City of Fort 'Worth
Inst.• 2003-170163
R P-R.D.C.T
AN EXHIBIT FOR
P E LOTO N Annexation
POISITUATED N THE GREENBERR'Y OVERTON SURVEY, ABSTRACT NUMBER 972,
LAND SOLUTIONS DENTON COUNTY, TEXAS ACFN 7653
2,3150
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Annexation—AX-21-005
Ordinance No. 25187-11-2021
Exhibit B
Municipal Services Agreement
Annexation—AX-21-005 Ordinance No. 25187-11-2021
1?p4
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cm, 147ritovit,
CITY SECRETARY
C);`YT:ACT NO. 0 V100V
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS
AND AIL WEST 2, LLC
This Municipal Services Agreement ("Agreement") is entered into on q+1- day of
MoseG n , X't by and between the City of Fort Worth, Texas, a home -rule
municipality of the State of Texas, ("City") and AIL West 2, LLC ("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 Denton County
County, Texas, which consists of approximately 65.305 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-21-005 ("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- -fullpurpose==_
Owner -Initiated Annexation Service Agreement
hq RECORD
COTT SECRETARY
Et WORTf°ftx J
accomplished through any means permitted by law. For purposes of this Agreement, "full
municipal services" means all services provided by the City within its full -purpose
boundaries, including water and wastewater services and excluding gas or electrical service.
3. MUNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the municipal services
set forth below. As used in this Agreement, "providing services" includes having
services provided by any method or means by which the City may extend municipal
services to any other area of the City, including the City's infrastructure extension
policies and developer or property owner participation in accordance with
applicable city ordinances, rules, regulations, and policies.
i. Fire — The City's Fire Department will provide emergency and fire protection
services.
ii. Police — The City's Police Department will provide protection and law
enforcement services.
iii. Emergency Medical Services - The City's Fire Department and MedStar (or
other entity engaged by the City after the Effective Date) will provide emergency
medical services.
iv. 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
Owner -Initiated Annexation Service Agreement 2 of 8
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
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 -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. [f any part, term, or provision of this Agreement is held by the courts to
be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability
will not affect the validity of any other part, term or provision, and the rights of the parties will
be construed as if the part, term, or provision was never part of the Agreement.
7. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation
relating to this Agreement, the terms and conditions of the Agreement will be interpreted
Owner -initiated Annexation Service Agreement 3 of 8
according to the laws of the State of Texas. The parties acknowledge that they are of equal
bargaining power and that each of them was represented by legal counsel in the negotiation
and drafting of this Agreement.
8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division and construed in conformity with the provisions of Texas Local Government
Code Chapter 43.
9. NO WAIVER. The failure of either party to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted hereunder shall not constitute a
waiver of that party's right to insist upon appropriate performance or to assert any such right
on any future occasion.
10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the
City does not waive or surrender any of its governmental powers or immunities.
11. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
12. CAPTIONS. The captions to the various clauses of this Agreement are for informational
purposes only and shall not alter the substance of the terms and conditions of this Agreement.
13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH THE
LAND. This Agreement is binding on and inures to the benefit of the parties, their successors,
and assigns. The term of this Agreement constitutes covenants running with the land
comprising the Property, is binding on the Owner and the City, and is enforceable by any
current or future owner of any portion of the Property.
14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the
parties and supersedes all prior oral and written agreements between said parties. This
Agreement shall not be amended unless executed in writing by both parties.
Executed as of the day and year first above written to be effective on the effective date of
annexation of the Property.
Owner -Initiated Annexation Service Agrecmient 4 of 8
CITY OF FORT WORTH AIL WEST 2, LLC,
a Texas limited liability company
By: �l�,,V Y By: _
Name:: nrt /
� Name: L. Ql t (i n
Title: Assistant City Manager Title: CI etv.41.ie \ ►C.e _ P51a et1 -
Approved as to Form and Legality:
Name: M Lu1CtL. Rcimo
Senior Assistant City Attorney
Attest:
—Marj14443A"- Rpnctict P. GiorzcUQs
Acti9 City Secretary
Approvals:
M&C: 1- 083`4 Nov. 09, aoa.t
Ordinance No. d5i 1- i 1-aoa
Owner -initiated Annexation Service Agreement
5 of 8
State of Texas
County of Tarrant
This i strument was,acknowledged before me on the day of JhAhltienther 20.21
by ,vato SD-t'F , Assistant City Manager of the City of Fort Worth, a Texas
municipgj corporation, on behalf of said corporation.
By:
Notary Public, State of Texas
.."""'. EVONIA DANIELS
S.Notary Public, State of Texas
Comm. Expires 07.13-2025
'F'°;:',;k's Notary ID 126950030
State of Texas §
County of "�C f �' A v� § ` 1
his instrument was acknowledged before me on the 11 day of aV►,` , 2021,
by, l.. Ku.55e tt LGL Vi ('� €G I.. QCt 'w e 0 . P. of AIL WEST 2. LLC. a Texas
limited liability company,bh behalf of said company.
By:
Notary Public, State of Texas
•
LORI BOWLING
_2, i,� Notary Public, State of Texas
▪ •, • ' '• `Q Comm. Expires 10-17-2023
'o,io;,;.` Notary ID 124717681
. 1 ri�
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
Lana SECRETARY
[FWORTHSTX
•
Owner -Initiated Annexation Service Agreement
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AIL Investment, LP )a
Inst.• 2019.15666
AIL West, LLC /d
Ins(.• 2019-15667
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R.P.R.D.C.T. , v
ist
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i ZONED
"K"
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Weslpovl Add. 1
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C.R.T.C.T. 1 &.OVERTON SURVEY
I A66T.NO. 972
AIL Investment, LP
(Remainder)
Vol, 4246, Pq. 498
R.P.R.D.C.T.
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3 "K"
r
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0
o' "This document nee prepared under 22 TAC 663.21.
c Uote not reflect l0 results of an on Ore ground
- surrey, and is npt to bs Wed to conveEl y ar t.IOth
5 interests M re,,lproperly except those rights eno
!" interests implied or *slot i.shed by the creatIon a
5 reconlejuratioo of the boundary of Ina poipcd
sutuivaion lot .lath rt .es prepaed."
ii!I{ P E LOTO N
' m LAND SOLUTIONS
rl��jOsg01A L15Y�(,NA7UjIPNj!M'eAv. W M:lb JOB d HWA1tW46 !DRAWN BY: TER CHECKED BY: TAB DATE: 12-02-19 PAGES 2 of 2
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EXHIBIT A
City of Fort Worth
Inst.• 2005-73598
R.P.R.D.C.T.
PD 944
Al West 2, LLC
Inst.' 2019-113267
R.P.R.D.C.T.
65.305 Acres
"UNZONED" TO "K"
'integral ports of this document
1. Description - 2 Pages
2. Exh!bil
City of Fort Worth
Inst.• 2003-170163
R.P.R:D.C.T.
AIL West 2, LLC
Ins1.• 2019-I13267
R.P.R.D.C.T.
ZONED
"AG
PD 944
AN EXHIBIT FOR
Annexation
SITUATED IN THE GREEN9RY OvERTON SURVEY, ABSTRACT NUMBER 972,
DDEENTON COUNTY, TEXAS ACP* 7652
Owner -Initiated Annexation Service Agreement 7 of 8
EXHIBIT A
Continued
DESCRIPTION FOR
ANNEXATION
BEING a tract of land situated in the G. Overton Survey, Abstract Number 972, Denton County,
Texas, being a portion of that tract (gland described by deed to AIL West 2, LLC, recorded in
Instrument Number 2019-113267, Real Property Records, Denton County, Texas, and being
more particularly described by metes and bounds as follows:
BEGINNING at the northwest comer of said AIL West 2 tract, being the southwest comer of
that tract of land described by deed to the City of Fort Worth, recorded in Instrument
Number 2005-73598, said Real Property Records, and being in the east line of that tract of land
described by deed to AIL Investment, LP, recorded in Instrument Number 2019-15666, and AIL
West, LLC, recorded in Instrument Number 2019-15667, both of said Real Property Records,
from which the northeast corner of Lot l RI, Block ',Westport Addition, addition to the City of
Fort Worth, recorded in Instrument Number D219094920 of County Records, Tarrant County,
Texas, bcars S 25°55'02"W, 4528.14 feet;
THENCE N 89°59'39"E, 871.88 feet, with the north line of said AIL West 2 tract and the south
line of said City of Fort Worth tract, to the northeast corner of said AIL West 2 tract and the
northwest comer of that tract of land described by deed to the City of Fort Worth, recorded in
Instrument Number 2003-170163, said County Records;
THENCE S 09°53'51"E, 1863.69 feet, departing said common line with the east line of said
AIL West 2 tract;
THENCE over and across said AIL West 2 tract the following bearings and distances:
N 75°42'36"W, 686.80 feet, departing said east line;
S 10°07'09"E, 1072.99 feet;
S 24°32' 14"W, 1583.71 feet, to the west line of said AIL West 2 tract and being in the
east line of that remainder tract of land described by deed to AIL investment, LP,
recorded in Volume 4246, Page 498, said Real Property Records;
THENCE N 00°50'40"W, 1452.47 feet, with said common line;
THENCE N 00°45'46"W, 2711.25 feet to the Point of Beginning and containing 2,844,675
square feet or 65.305 acres of land more or less.
"Integral Parts of this Docutnent"
1. Description
2. Exhibit
"This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and Is not to be
used to convey or establish Interests In real property except those rights and Interests Implied or established by the creation or
reconfiguration of the boundary of the polltkal subdivision for whkh It was prepared."
Photon Job No. H W A I11046
Pt. Worth
0\i0131HWA18046_Fenncr McMaster ncvt $urvoy‘Eehatitstl.eplANWAl8046 ex19.docx
Tracking No. ACF# 7653
March 09, 2020
Page 1 of 2
Owner -Initiated Annexation Service Agreement 8 of 8
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/09/21 M&C FILE NUMBER: M&C 21-0834
LOG NAME: 06AX-21-005 FENNER PROPERTY —OWNER INITITATED
SUBJECT
(Future CD 7) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed
Owner -Initiated Annexation of Approximately 65.305 Acres of Land in Denton County, Known as the Fenner Property, Located North of Intermodal
Parkway and West of Interstate 35W, in the Far North Planning Sector, AX-21-005
(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 65.305 acres of land in Denton County located north of
Intermodal Parkway and west of Interstate 35W, as shown on Exhibit A; and
2. Authorize execution of Municipal Services Agreement between the City and property owners, AIL West 2, LLC & AIL West Investment, L.P.;
and
3. Adopt ordinance annexing AX-21-005 for full purposes.
DISCUSSION:
On May 6, 2021, representatives for the property owners AIL West 2, LLC & AIL West Investment, L.P., 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 in the City's extraterritorial jurisdiction in
Denton County. The site is located north of Intermodal Parkway and west of Interstate 35W. The owner -initiated annexation, which is
approximately 65.305 acres, is consistent with the enclave annexation criteria as established by the City's Annexation Policy. The subject area is
currently agricultural land and the property owner's proposal of industrial type development is consistent with the future land use map of the 2021
Comprehensive Plan.
On August 3, 2021, the related zoning case (ZC-21-048) was heard by the Zoning Commission, and the commission voted to recommend
approval of the requested zoning to City Council. The requested zoning is "K" Heavy Industrial.
Subchapter C-3 of Chapter 43 of the Texas Local Govemment Code (LGC) provides for the process of annexation of an area upon a request of an
owner of land. Section 43.0672 of the LGC requires a municipality that elects to annex an area upon the request of an owner first negotiate and
enter into a written agreement with the owners of land in the area for the provision of municipal services.
The agreement must include:
1. A list of each service the municipality will provide on the effective date of the annexation; and
2. A schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the
annexation.
The municipal services agreement includes these provisions in accordance with state law.
The proposed uses were considered while assessing the financial impact to the General Fund. 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-21-005.
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 annexing
AX-21-005 for full purposes.
If annexed, this 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.
Annexation AX-21 -005
Exhibit A
Addition of approximately 65.305 Acres to become part of Council District 7
Fort Worth
DESIGNATION
IFull Purpose Adjacent Cities
UZI Limited Purpose { T^i County Boundaries
Extraterritorial Jurisdiction Annexation Area
0 400 800 1,600 Feet
1 I 1 I
1:14,400
FoR T�orHe
Planning & Development Department
4/30/2021
COPYRIGHT 2021 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL
REPRESENTATION ONLY. THE ACCURACY IS NOT TO BE TAKEN / USED AS DATA
PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL
LAND SURVEYOR. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR
THE ACCURACY OF SAID DATA.
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/09/21 M&C FILE NUMBER: M&C 21-0834
LOG NAME: 06AX-21-005 FENNER PROPERTY — OWNER INITITATED
SUBJECT
(Future CD 7) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed
Owner -Initiated Annexation of Approximately 65.305 Acres of Land in Denton County, Known as the Fenner Property, Located North of Intermodal
Parkway and West of Interstate 35W, in the Far North Planning Sector, AX-21-005
(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 65.305 acres of land in Denton County located north of
Intermodal Parkway and west of Interstate 35W, as shown on Exhibit A; and
2. Authorize execution of Municipal Services Agreement between the City and property owners, AIL West 2, LLC & AIL West Investment, L.P.;
and
3. Adopt ordinance annexing AX-21-005 for full purposes.
DISCUSSION:
On May 6, 2021, representatives for the property owners AIL West 2, LLC & AIL West Investment, L.P., 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 in the City's extraterritorial jurisdiction in
Denton County. The site is located north of Intermodal Parkway and west of Interstate 35W. The owner -initiated annexation, which is
approximately 65.305 acres, is consistent with the enclave annexation criteria as established by the City's Annexation Policy. The subject area is
currently agricultural land and the property owner's proposal of industrial type development is consistent with the future land use map of the 2021
Comprehensive Plan.
On August 3, 2021, the related zoning case (ZC-21-048) was heard by the Zoning Commission, and the commission voted to recommend
approval of the requested zoning to City Council. The requested zoning is "K" Heavy Industrial.
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-21-005.
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 annexing
AX-21-005 for full purposes.
If annexed, this 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 Manaaer's Office bv:
Oriainatina Business Unit Head:
Additional Information Contact:
Dana Burghdoff 8018
D.J. Harrell 8032
Leo Valencia 2497