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HomeMy WebLinkAboutOrdinance 27179-09-2024 (2)ORDINANCE NO.27179-09-2024 AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR FULL -PURPOSE ANNEXATION OF A CERTAIN 4.039 ACRES, MORE OR LESS, OUT OF LAND SITUATED IN THE P. M. SMITH SURVEY, ABSTRACT NO.1170, DENTON COUNTY, TEXAS, AS CONVEYED TO CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST LATTER-DAY SAINTS, A UTAH CORPORATION SOLE (CHURCH), IN THE DEED RECORDED IN COUNTY CLERK'S FILE NUMBER (CC#) CC# 2019-1360, DEED RECORDS, DENTON COUNTY, TEXAS (DRDCT) AND A PORTION OF A TRACT OF LAND DESCRIBED AND APPROXIMATELY 1.912 ACRES OF LAND MORE OR LESS OF RIGHTS -OF -WAY OUT OF THE P. M. SMITH SURVEY, ABSTRACT No. 1170, AND THE R. MATANY SURVEY, ABSTRACT No. 878, BOTH IN DENTON COUNTY, TEXAS, AS CONVEYED TO THE STATE OF TEXAS, IN THE DEED RECORDED UNDER COUNTY CLERK'S DOCUMENT No. (CC#) 2014-102745, DEED RECORDS, DENTON COUNTY, TEXAS (DRDCT), AND A PORTION OF A TRACT OF LAND CONVEYED TO THE STATE OF TEXAS, IN THE DEED RECORDED UNDER VOLUME 279, PAGE 205, DRDCT, (CASE NO. AX-24-007) WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR SEVERABILITY; AND NAMING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth has received a petition in writing from The Church of Jesus Christ of Latter -Day Saints, a Utah Corporation Sole, the owner, requesting the full -purpose annexation of 4.039 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 Government Code, the City section 43.0672 of the Texas Local Government Code, The Church of Jesus Christ of Latter -Day Saints, A Utah Corporation Sole and the City negotiated and entered into a written agreement, City Secretary Contract No. 62015 , for the provisions of municipal services in the area; and WHEREAS, the Property abuts 1.912 acres of county roads and rights -of -way; 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. September 17, 2024 at 6:00 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 4.039 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 Iimits are extended to include such Property being all that certain Iand particularly described below and depicted as on Exhibit "A" attached to and incorporated in this ordinance for all purposes: BEING ALL THAT CERTAIN LOT, TRACT, OR PARCEL OF LAND SITUATED IN THE P. M. SMITH SURVEY, ABSTRACT No. 1170, DENTON COUNTY, TEXAS, AS CONVEYED TO CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST LATTER-DAY SAINTS, A UTAH CORPORATION SOLE (CHURCH), IN THE DEED RECORDED IN COUNTY CLERK'S FILE NUMBER (CC#) CC# 2019-1360, DEED RECORDS, DENTON COUNTY, TEXAS (DRDCT), SAID PORTION BEING MORE PARTICULARLY DESCRIBED, BY METES AND BOUNDS, AS FOLLOWS: BEGINNING AT A TEXAS DEPARTMENT OF TRANSPORTATION MONUMENT FOUND FOR THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO THE STATE OF TEXAS IN COUNTY CLERK'S DOCUMENT No. 2014-I02745, DRDCT AND IN THE NORTH LINE OF A TRACT OF LAND CONVEYED TO JAMES M. JUDGE IN THE DEED RECORDED IN CC# 2006-125096, DRDCT, SAID MONUMENT ALSO BEING ON THE WESTERLY RIGHT OF WAY (ROW) LINE OF FARM TO MARKET HIGHWAY No. (FM) 156, A VARIABLE WIDTH ROW, COMMONLY KNOWN AS BLUE MOUND DRIVE; Annexation—AX-24-007 Ordinance No. 27179-09-2024 THENCE NORTH 89"46'25" WEST DEPARTING SAID ROW AND WITH THE NORTH LINE OF SAID JUDGE TRACT A DISTANCE OF 511.87 FEET TO A METAL DISK MONUMENT FOUND FOR THE COMMON WESTERLY CORNER BETWEEN SAID JUDGE TRACT AND SAID CHURCH TRACT, SAID MONUMENT ALSO BEING IN THE EAST LINE OF A TRACT OF LAND CONVEYED TO OPL REAL ESTATE, LTD., IN CC# 2007-55420, DRDCT; THENCE NORTH 12038'29" EAST WITH SAID EAST LINE, A DISTANCE OF 144.00 FEET TO A 1/2 INCH IRON ROD FOUND WITH A PLASTIC CAP STAMPED, "BSLS 10194160", FOR CORNER FROM WHICH A 5/8 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF A TRACT OF LAND CONVEYED TO OMAS LEWAYNE PETERSON IN THE DEED RECORDED IN VOLUME 598, PAGE 565, DRDCT, BEARS NORTH 12°38'29" EAST 253.60 FEET; THENCE NORTH 88"21'21 " EAST DEPARTING SAID EAST LINE, A, DISTANCE OF 123.30 FEET TO A 1/2 INCH IRON ROD FOUND WITH A PLASTIC CAP STAMPED, "BSLS 10194160", FOR CORNER; THENCE NORTH 02030' 15" WEST A DISTANCE OF 243.73 FEET TO A 1/2 INCH IRON ROD FOUND WITH A PLASTIC CAP FOR CORNER, SAID IRON ROD BEING IN THE SOUTHERLY ROW LINE OF TEXAN DRIVE, A VARIABLE WIDTH ROW, AND THE COMMON LINE BETWEEN SAID SMITH SURVEY AND THE H. C. & W. T. SLOAN SURVEY, ABSTRACT No. 1533, DENTON COUNTY, TEXAS, FROM WHICH A 5/8 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID PETERSON TRACT BEARS NORTH 89034'46" WEST 57.10 FEET; THENCE SOUTH 89034'46" EAST WITH SAID COMMON SURVEY LINE AND SOUTHERLY ROW LINE, A DISTANCE OF 428.87 FEET TO A POINT IN A METAL TRANSMISSION POLE FOUND FOR THE NORTHWEST CORNER OF THE AFOREMENTIONED STATE OF TEXAS TRACT, THE NORTHEAST CORNER OF SAID CHURCH TRACT, AND BEING IN THE WESTERLY ROW LINE OF `THE AFOREMENTIONED FM 156 FROM WHICH THE COMMON EASTERLY CORNER BETWEEN SAID SURVEYS BEARS SOUTH 89034'46" EAST 80.5 FEET; THENCE SOUTH 08028'32" EAST WITH SAID ROW LINE, A DISTANCE OF 76.09 FEET TO A 1/2 INCH IRON ROD FOUND WITH A PLASTIC CAP FOR MOST EASTERLY NORTHEAST CORNER OF SAID CHURCH TRACT; THENCE SOUTH 130I T07" WEST CONTINUING WITH SAID ROW LINE, A DISTANCE OF 316.67 FEET TO THE POINT OF BEGINNING, AND CONTAINING 4.039 ACRES OF LAND, MORE OR LESS. Annexation—AX-24-007 Ordinance No. 27179-09-2024 SECTION 2. Ap- �Crr The above described territory is shown on Map Exhibit "A" attached hereto and expressly incorporated herein by reference for the purpose of depicting the location of the hereinabove described territory. SECTION 3. That all portions of the roads and rights -of -way, comprising approximately 1.912 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 roads and rights -of - way being all that certain land particularly described below and depicted as on Exhibits "B" and "C" attached to and incorporated in this ordinance for all purposes. SECTION 4. That the above described territory hereby annexed shall be part of the City of Fort Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens in accordance with the Municipal Services Agreement and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. SECTION 5. That the Municipal Services Agreement attached hereto as Exhibit "D" is approved and incorporated into this ordinance for all purposes. SECTION G. CUMULATIVE CLAUSE This ordinance amends every prior ordinance in conflict herewith, but as to all other ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the same is hereby made cumulative. SECTION 7. SEVERABILITY LAUSE 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. Annexation—AX-24-007 Ordinance No. 27179-09-2024 SECTION S. 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 I of this ordinance, regardless of whether any part of such described area is hereby not effectively annexed to the City. Should this ordinance for any reason be ineffective as to any part or parts of the area hereby annexed to the City of Fort Worth for full purposes, the ineffectiveness of this ordinance as to any such part or parts shall not affect the effectiveness of this ordinance as to the remainder of such area. SECTION 9. EFFECTIVE DATE This ordinance shall be in full force and effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Melinda Ramos Deputy City Attorney ADOPTED AND EFFECTIVE: September 17, 2024 �1.a-QQ annette S. Goodall ity Secretary ,.a�:nennah Annexation—AX-24-007 Ordinance No. 27179-09-2024 AX-24-007 Exhibit A Approximately 5.951 Acres Adjacent Council District 10 Wise De LJ�-- 114 rape - 28 — — _._.__.._--- --- ------ `d!Py Tar O +MIL IX �r F -UMPJACAL r w RED DRAW, j z 1? I z I' CLAY CREEK,, - i{ - 8007 JACK, w Q p r FORT WORTH D 300 600 Feet -� Fort Worth I 1 I Planning &Development OeRartmeni DESIGNATION C513012024 1:6,000 Full Purpose i County Boundaries Limited Purpose I - Ad scent Cities CUP YRIGHT 2024 CITY OF FORT WDRTH UNAUTHORIZED REPRODUCTION IS A u t VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY, THE ACCURACY IS NOT TO HE TAKEN I USED AS DATA Extraterritorial Jurisdiction Subject Property PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTEREO PROFESSIONAL LAND SURVEYOR. THE CITY OF FORT WORTH ASSUMES NO RESPDNSIBILITY FOR THE ACCURACY OF SAID DATA EXHIBIT A qr is 15 300 Graphic Scale in Fed - LEGEND - IRF IRON ROD FOUND CC/ COUNTY (:1_ERN'3 FILE N. IRS IRONROUSET PRTCT PLAT RECORDS, IPF IRON PIPE FOUND TARRANT COUNTY, TEXAS ROW RIG t1T.OF-WAY DRTCT DEED RECORDS, TARRANT COUNTY. TEXAS VOL_ VOLUME ACCORDING TO RECORD PG. PAGE { ) INSTRUMENT WORTH NORTNM6Er Irp LOT t� BLOCK 1 VOL tw, PG 018 N4ATIMEBT 1SO AM Cttiii DRDC7 OC/ 7DCl.l 6l, PRDCT �g rh NDenrulgN EXAM pRIVE- 9pROWDERIWILIf " M. 121. PRDCT NAPAAM <1N1DTN RDWJ LAa. U PO, tE PY1D "IV °PO' r"�`-- S99"34'46"E 440.01- .... ...rx.. n , ! I .�.� nFNrnN couvry ,ACC'M 614189ENT &i resm lml lrn+ f� oRocr eRo �FER I _ RES OF J PRIVATE�.LY D3VACOWNED PROPEIRY. CORPORATION OF THE PRESIDING 09NDP 0 F THE CHURCH OF JMA CHR18T LATTER-DAY WNTS. A UTANOORPORAT SOLE •w,wwir COIP2"0.1300 DR DOT diV20'4e� POB a Ply ....., t..cv .. �r,..,r r,on�ox y JAM SMJUCGC is �4•-F a"yl DRDc1 �S ISASIS-OF-BEARINGS: ARE BASED DN NAD 53 GRID, �� d0" (BEARINGS I TEAS STATE PLANE COORDIMTE SYSTEM, NORTH CENTRAL LONE_ PRD CT1-. AEX ANNEXCITY OF FORT WORTH ANNEXATION EXHIBIT OF 4.039 ACRES OF ORNATELY OWNED PROPERTY SHEET ND r Barton Surveying 6 Laser Scanning, LLC. DATE 042520Q4 � 1" = 150' P- M. SMITH SURVEY, ASST. No. 1170 of 6 31w FreRlwdaas Can FOR Wwlh TX 70123 682.841,0M Dn+c WB I Cro Dl. W3 DENTON COUNTY, TEXAS F111.1- 1D1941B0 Annexation—AX-24-007 Ordinance No. 27179-09-2024 Exhibit B FM HWY 156 original Scaja: f'= 15R' o �s r apo Graphic Sale !rr Feist - LEGEND W IRF IRON ROD FOUND CC/ CDUNTYGLERICSFlLEW. IR6 IRON ROD SET PRTCT PLAT RECORDS, IPF WON PIPE FOUND TARRANT COUNTY, TEXAS ROW RIUKT-OE-WAY DRTCT DEED RECORDS. TARRANT COUNTY, TEXAS VOL. VOLUME ACCORGMG TO RECORD PG. PAGE I I INSTRUMENT FORT ¢�IL 4 111 :.y[ LOT `• � 11W6BBLOCK kb RiT ' SOADP VC1LR1 PO1/9/ DR=7 p "20ri W PRDCT R 1 / O�'" UP!t 11 SO 3 — DIDIGQYIM E1(IIN i}BI.V.E Dw 6ED cc Lok ................' Ow f, PC. in PROCT �LVANL48LE ,...... ......-.....,_ WVTH R ffi CAR U, PG Im PRDCr J _ Sd8�3448'E 41.81�� 1lRpy„•D> 1 .mlmrtok crouNrc AmF h OIIOCT m� �I D} 46 -11 r 1� q03 R tl� � � 0k. CORPORATION OF THE PRESIDING WPIOP Ij�^�7 10 ej OF THE CW1Rp, OF JElIN Oxrc,er LITTER -DAY SA S, may, A U7M OOIOORATION SOLE n FAR al R CCO2IM11-13K 3 Aw 5^ $5} 9 �. BSU7�4� P O B z w ro a c ry N89- 13.33 Ar' _AYES 4 JUDOE s ; �i 4} ' CG'. iWblxwe � 41- vtvc O BASIS -OF -BEARINGS: leEADtlNGS ARE dASEO ON MAD 83 GRID. TEXAS STATE PLANE ODORDMTE SYSTEM, �ausF NORTH CENTRALZONE. "4 CITY OF FORT WORTH SHEET ND. 240313-AEX ANNEXATION EXH1Brf eC+� Laser cannSurving, L DATE 04r.WO24 1 912 ACRES OF ADJACENT ROVV 11 Lsser Scanning, LLC. J 3,a r>u,PY.�Lm L.M eeALE 1" =18D' P. M- SMITH SURVEY, ABST. No. 117D °f Fmf K*Ih. TX 70123 Wg I CHRT} j DENTON COUNTY, TEXAS 682$4100 9 FIRMNu.:10I9/100 Annexation—AX-24-007 Ordinance No. 27179-09-2024 Exhibit C FM HWY 156 LAND DESCRIPTION: ADJACENT RIGHT OF WAY BEING ALL THAT CERTAIN LOT, TRACT, OR PARCEL OF LAND SITUATED IN THE P- M SMITH SURVEY, ABSTRACT No. 1170, AND THE R. MATANY SURVEY, ABSTRACT No. 878, BOTH IN DENTON COUNTY, TEXAS, AS CONVEYED TO THE STATE OF TEXAS, IN THE DEED RECORDED UNDER COUNTY CLERK'S DOCUMENT No (CC#) 2014-102745. DEED RECORDS, DENTON COUNTY, TEXAS (DRDCT), AND A PORTION OF A TRACT OF LAND CONVEYED TO THE STATE OF TEXAS, IN THE DEED RECORDED UNDER VOLUME 279, PAGE 245, DRDCT, SAID TRACT BEING MORE PARTICULARLY DESCRIBED, BY METES AND BOUNDS, AS FOLLOWS: BEGINNING AT A TEXAS DEPARTMENT OF TRANSPORTATION MONUMENT FOUND FOR THE COMMON CORNER BETWEEN A TRACT OF LAND CONVEYED TO THE CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST LATTER-DAY SAINTS, A UTAH CORPORATION SOLE (CHURCH), IN THE DEED RECORDED UNDER CC# 2019-1360, DRDCT; A TRACT OF LAND CONVEYED TO JAMES M. JUDGE IN THE DEED RECORDED UNDER CC# 2D06-125096, DRDCT, A TRACT OF LAND CONVEYED TO THE CITY OF FORT WORTH, TX IN THE DEED RECORDED UNDER CC# 2006418143, DRDCT; AND SAID STATE OF TEXAS TRACT CONVEYED UNDER CC# 2014-102745, DRDCT, SAID MONUMENT ALSO BEING ON THE WESTERLY RIGHT OF WAY (ROW) LINE OF FARM TO MARKET HIGHWAY No. (FM) 158, A VARIABLE WIDTH ROW; THENCE NORTH 13'17'07' EAST WITH THE COMMON LINE BETWEEN SAID CHURCH TRACT AND SAID STATE OF TEXAS TRACT A DISTANCE OF 316.67 FEET TO A 12 INCH IRON ROD FOUND WITH A PLASTIC CAP FOR CORNER, THENCE NORTH 08'28'32" WEST WITH SAID COMMON LINE, A DISTANCE OF 79.09 FEET TO A POINT IN A METAL TRANSMISSION POLE FOUND FOR THE COMMON NORTHERLY CORNER BETWEEN SAID STATE OF TEXAS TRACT AND SAID CHURCH TRACT, SAID POINT BEING IN THE SOUTHERLY ROW LINE OF TEXAN DRIVE AND THE COMMON SURVEY LINE BETWEEN SAID SMITH SURVEY AND THE H_ C, 8 W. T. SLOAN SURVEY, ABSTRACT No. 1533, DENTON COUNTY, TEXAS; THENCE SOUTH 89'34'46" EAST WITH SAID COMMON SURVEY LINE, AT 80.5 FEET PASS THE COMMON EASTERLY CORNER BETWEEN SAID SURVEYS, CONTINUING ALONG SAID BEARING A TOTAL DISTANCE OF 241,81 FEET TO A POINT IN THE EASTERLY ROW LINE OF THE SAID FM 156 AND IN THE WESTERLY LINE OF A TRACT OF LAND CONVEYED TO WPRR, LP, UNDER THE DEED RECORDED IN CC# 2017-121722, DRDCT; THENCE SOUTH 13'D4'59" WEST WITH SAID ROW LINE, A DISTANCE OF 395.76 FEET TO A POINT FOR CORNER; THENCE NORTH 89'46'25" WEST DEPARTING SAID EASTERLY ROW LINE, A DISTANCE OF 213.33 FEET TO THE POINT OF BEGINNING, AND CONTAINING 1.912 ACRES OF LAND, MORE OR LESS. CITY OF FT WORTHANNEXATION EXHIBIT SHEETNo 40313-AEX OF 1.912DACRES OF ADJACENT ROW Barton$Surve 7R OATED42W024 P.M. SMITH SURVEY, ABST No. 1170 4 LaserScanning, L[C. 9ZAL. 1" =15D' R. MATANY SURVEY, ABST. Na. 876 of 37 W FA7,wAM- LRFort Worts, TX 75123 wxc WB CH'a, WB DENTON COUNTY, TEXAS 6 "2.8/1.0M FIRM rao_, 101041M Annexation—AX-24-007 Ordinance No. 27179-09-2024 Exhibit D Municipal Services Agreement Annexation—AX-24-007 Ordinance No. 27179-09-2024 CSC No. 62015 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UTAH CORPORATION SOLE This Municipal Services Agreement ("Agreement") is entered into on 17th day of September 2024 by and between the City of Fort Worth, Texas, a home -rule municipality of the State of Texas, ("City") and THE CHURCH OF 7ESUS CHRIST OF LATTER-DAY SAINTS, A UTAH CORPORATION SOLE ("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 LOC 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, Texas, which consists of approximately 4.039 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-24-007 ('Annexation Case"); WHEREAS, City and Owner desire to set out the City services to be provided for the Property on or after the effective date of annexation; WHEREAS, the Annexation Case and execution of this Agreement are subject to approval by the Fort Worth City Council; and NOW THEREFORE, in exchange for the mutual covenants, conditions and promises contained herein, City and Owner agree as follows: 1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the Annexation Case. 2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full, available municipal services to the Property in accordance with state law, which may be Owner -Initiated Annexation Service Agreement I of S accothplished throdgh.,any means permitted by law_ For purposes of this, Agreement, "full municipal services" means all services praviclby the trity within its full -purpose boundaries; including water and wastewater services.and excluding gas or electrical service. 3. MUNICIPAUSERVICES. a Commencing on the Effective Date, .the City will provide the municipal services set forth below. As used in this Agreement, "providhig services" includes having services provided by any, method or means by which the City may extend municipal services to any other area oftlie City, including the Oty's iniiastrtmeturd extension policies and developer or property owner participation in accordancc with applicable city ordinances, rules; regulations,. and policies. i, Fire — The City's Eire Depadment drill prdvide emergency and fine protection services comparable with'the prpvisign of services available in other parts of the municipality ►with topography, land use and population density similar to the level ofservice contemplated dr. projected in the area_ ii- Police — The City's Police ,Department will 'provide protection and law enforcement services: iii. Eme=iigy Medical Services — The City's Fire Department and MedStar (or other'entity engaged by the City: after the,%ective Date) will provide emergency medical services. iv_ P.lahn ri and Zoning — The City's Development Services Department will provide comprehensive plamning, land develop Tent, 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 Prope:61iti6s . will be -permitted to Utilize alfiexisting publicly -owned parrs and recreational .and all such facilities acquired or constructed 41cr the Effective Date (including community service Facilities, libraries, swimming pools, etc;), throughout the City. Any private parks,, facilities, amid building's will be unaffected by 'the annexation; provided, however, that the City will provide;for maintenance; and opef400n.of the same upon acceptance of legal title thereto by. the .City, and appropriations therefor. In the event the,tity acquires a other parks, facilities, nr buildings necessary for City services within .the Property, the appropriate City department will provide maintenance and operations of the same. vi. Other'Piablicly Owned,btMdings — Residents of the Property will be permitted to use all other publicly owned' buildings and facilities where the ppblic, is granted access. vii. Stoitnrvater U66UServices — The Fr ety will tie includedin the C.ity's StortmWer Utility service afea 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 Stred lighting) The City's'Transportation and Public Works Department will maitiWn the public:streets and streetlights raver which the City bas jurisdiction. The City will provide regulatory signage services in accordance with the City policies and procednrus and applicable laws. O nor-rniliatcd Aiuivution Scrvico A.pwruent 2 of 8 ix. Water and Wastewater to Existing Structures — Occupied structures that are using water -well and on -site sewer facilities on the Effective Date may continue to use the same. If a property owner desires to connect an existing structure to the City water and seiner -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 Municipql Services Commencing on the Effective Date, the City will provide to the Property all services provided by the City within its hill -purpose boundaries and not otherwise listed above, except as provided in Section 3(b). b. The City will provide svater 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 natnes 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 pairs of the City with topography, land use, and population density similar to those reasonably -contemplated or projected for the Property. S. AIITHORTTV. City and Owner represent that they have-fitll 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. Noshing in this Agreement guarantees favorable decisions by the City Council, 6. SEVERABILM. 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 pail, 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 Owner -Initialed AnAcoc Rion Sesiicc Ap=ment 3 of 8 relating to this Agreement, the terms, and conditions,. of the Agreement will he interpreted according to the laws of the Stale of Texas. The'.parties, acknowledge -that they are of equal bargaining power and that each of them was represented by7ega1 counsel in the negotiation and drafting vfthis Agreement 8. GOVERNING LAW AND VENUE. Venue: shall be in the.state courts located in Tarrant County, Texas br the United States District Court for the No'sthern 'District of Texas, Fort Worth Division -and construed in conformity: with the provisions of Texas Local Government Code Chapter43. 9, NO WAIVER, The failure, of either party to ririst 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 twassert any. such right on any future occasion, A GOVERNMENTAL POWERS, It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmentaipowers or immunities. I L COUNTERPARTS: This Agreemenk rriay be executed in.any number of counterparts, each of which shall be deemed an original and constitute.one and the same instrument. 12. CAPTION' The captions to the various clauses ,of this Agreement are for informational purposes only and shall not alterthe substance ofthe terms and conditionsof this Al reemem_ 13. AGREEMENT BINDS AND 'BENEFITS SUCCESSORS AND RUNS WITH THE LAND. This Agreement is bindingfon and inures to the benefit of the parties, -their successors, and assigns. The term of this Agreement constitutes cover its running with the land comprising the Properly, is binding on the Owner and:the City, and is enforceable °by any current or future owmerof any portion of the Property. Y4. ENTIRE AGREEMENT. This Agreement constitutes the, entire agreement between the parties and supersedes, a.11 prior oral and Written agr&rneats ,betWeen said patties. This Agreement shall not be amended unlessezocutod in writing by both parties,, Executed as of the day and year First Aove written to be effective on the effective date of annexation of the Property. Q1%Uer-hiitiil,a Amwolion Smim llWcawnt 4 of 8 CITY OF FORT WORTH Dana 8urghda>� By: Oan+ BurRhtlo it5ev 1.0241E-03COT1 Name: Dana Burp,,hdoff Assistant City Manager Approved as t Form and Legality. gy. 'Name: Melinda Ramos Deputy City Attorney i5erek ram! BY: Derek Hull tSeP19.20241254 CUT} Name: Derek R. Hull Contract Manager By: G Name: Jannette S. Goodall City Secretary Approvals: M&C: By: 24-0825 Ordinance No. By:. 27179-09-2024 State of Texas § County of Tarrant § This instrument %vas acknowledged before me on the 19tb day of September 5 2024 1 by Dana Bur hdo Assistant City Manager of -the City of Fart Worth, a Texas municipal cor'poratiori, on behalf of said corporation. BY! . &Doke Bonnell�0&OT[OTI Notary Public, State of Texas BROOLBONNELLNotSTATNotary CV Comm.I (Nno-Initiated Aunexation 14kn im Agreement SON 0 THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UTAH CORPORATION SOLE By: _�& Name: Colton Farr Taylor Title: —Authorized Agent State of l?� A1� § County of fth § This instrument was acknowledged before me on the M day of V Un-e , eLoJA, by Colton Farr Taylor, Authorized Agent, Architecture Engineerim and Construction Division, on behalf of THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UTAH CORPORATION SOLE. MEEGHAN AALDERS B _ �' p tJolary Publla Stale oT Utah a My Comntlsslan Expires on: March 25. 2026 Notary Public, State of • ' Comm. Number: 723805 Chmer-Initiated Annesathm Service Apex mu 6 or 8 EXHIBIT A TRACT 1 PRIVATELY OWNED PROPERTY BEING ALL THAT CERTPJN LOT. TRACT, OR PARCEL OF LAND SITUATED IN THE P. M. sMRH SURVEY ABSTRACT ND,1170, DEMON COUNTY, TEXAS. AS CONVEYED TO COMIORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST LA-rrElt-DAY SAINTS. A UTAH CORPCKLATION SOLE pHuRcm. IN THE DIE_ D EIZ im COUNTY CL aws FILE mmsER ( ) CCi 7Dl9-1381I,.DEED �S. DE"' COUMY, TEA P=T), SWD POOFMON BEING MORE PARTWA& Ri.Y I)MRSED. DY 14Li:TESAND BCUNDS,AS 1FQLLOVIIS_ BEGIPMNG AT A TEXAS DEPARTMENT OF TRANSPORUMON MONUMENT FOUND FOR THE SOUiliV1 EM` CORNER OF A TRACT OF LAND CONVEYED TO THE STATE OF TEXAS IN COUNTY CLERK'S DOCUMENT No. 2 4-1=7S5, DRDCT AND IN THE NOFeTH LINE, or A TRACT OF LAND CONVEYED TO JAME'S M. JUDGE IN THE DEED FiE ORDER W WO 2tI06-125fW 12RDCT SAID moku 41Te1VT ALS{L EEING oN THE 1NESTERLY RIGHT OF VIiAY .(iM&M LINE OF FARM TO MARKET HIGHWAY No. (FM)156, AILRRIAELE WIDTH ROW. COMMONLY K.ROM AS BLUE MOUND DRIVE; THEME NORTH W4e2V V1EST DEPARTING SAID ROWAND UM THE NORTH I = OF SAID JUDGE TRACT A DISTANCE" -OF °511.87 FEET TO A METAL DWK Ew FOUND FOR THE commON WESTB2LY CORNER BETINE- N SAID JUDGE TRACT AND SAS CHURCH TRACT, SAID MONUMENT ALSO BEIM IN THE EAST LINE OF A TRACT OF LAND CONVEYED TO OPL REAL ESTATE. LTD.. IN cc#=7a5m, ORDCT; THEME WORTH 12W29' EAST VATH BOO EASY LVtF_ A MrAN E OF 144.OU FEET "t1(7 A IT2 INCH IRON ROD FOUND WFTH AFLAMM CAP STAMPED, BS1.S 1o151f isr, FOR CORNER FROM WHICH A 51S INCH IRON ROD FOUND FOR THE NORTMEST CORNER OF A TRACT OF LAM CONVEYED TO OMAS Lfcli{Li\YNE PETERSON IN THE DEW RECORDED IN VOLUME :tip$, PAGE 6W. DRDCT. BEARS NORM 12-4VZS' EASTMAC FEET THENCE NORTH 58'2121' EAST DEPARTING SAID FAST LAW, A DISTANCE OF 123,30 FEETTO A 112 INCH RON ROD FOUND VM A PLASi1C CAP STAE'JIPED.'SSLS 1f1194161r, FOR cORNER; THENCE NORTH 02"JW15r V4MTADISTANCE OF 243 T3 F�TTO A42 INCH IRON ROD FOUND YAM A PL.A.STIC CAP FOR CORNM SAID IRON RDD BEING IN TI�.SOUTMERLY ROW LINE OF TEKAN DRIVE, A VARIABLE WI13TH ROW AND THE COMMON LINE BETWEEN SAID SMITH SCURVEY'AND TIME H_ C. & W. T.SLOAN„ SUEME ', ABSTRACT go. 15 . DENT N COUNTY, T.E AS. FIA WHICH A SS INCH IRON Rao FOUND FOR THE EOEOR11ivuEST CORNER OF SAID PETERSON TRACT u ARB N[wm w3i w WEST 57.10 FEET, THENCE SOUTH S9`34'4r EI1S'i VWH SAID COMMON SUREEY LINE AND SOLii MRLY ROW UW_ A DISTANCE OF 428.87 FEET TO A POINT IN A METAL TPANiWiMON POLE FOUND FOR THE NORTHW154T CORNER OF TmE AFOREaIENTIONED STATE OF TEXAS TRACT, THE NoKrwAaT CORNER OF SAID CHURCH TRACT, AND BEING IN THE WESTERLY ROW LINE OF THE AFOREMENTIONED FM 156 FROM WHICH THE COMMON EASTERLY CORNER BETWEEN SAID SURVEYS u ARS SOUTH S_ri"34"w EAST 8f1.5 FEET; THENCE SOUTH f78- 32' EAST WITH SAID POW LINE, A DISTANCE Of 79M FEET TO A ill RICH IRON ROD FOUND VWH A PLASTIC CAP FOR MOST EAMSILY NORTHEAST CORNER OF SAID cHuRck *RAcr, . THEE SOUTH 13'1T87'VYESTCONTINUING WITH SAIL? ROWL94E. A DISTANCE OF 31 SJ57 FEET TO THE POINT OF BEGINNING, AND CONTAMNG 4.039 ACRES OF LAND. MORE OR LESS. � 2 Q� 1:3-�11vi CITY OF FORT WORTH SI I � BSrfi Surveying S . AHNMTKW EXHU31T OF 4.039 ASS � ff LLC. CAM, 0412J=4 OP IN PRfVATELY DINNED PROPERTY g srxel =15u, P. It SMITH SURVEY, No. 117D of Fi lWtde lTXMw L__l W9 a uWB DENTON COUNTY. TEXAS � ravrrarxtm t;�1� Fm►rAtatsncn Owner-Inl6ntcd Amtexation Smiee Agreement 7 of 8 al bv�wWit* �°� '�4M .utl 1 Ck w 1 � Il a oe a1v►r� °eqa 4AIjao � nttCjYt� �q . --,a�ro � -00 i P Mist cl i I� tj�' t �I" _}21, A N NOB WC'dd'NA i+i � H', , us N ec'�+¢r3�'°�ro m 0 City of Fort Worth, Texas Mayor and Council Communication DATE: 09/17/24 M&C FILE NUMBER: M&C 24-0825 LOG NAME: 06AX-24-007; LDS — NEW GRANGER, OWNER -INITIATED SUBJECT (Future CD 10) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner -Initiated Annexation of Approximately 4.039 Acres of Land in Denton County, Known as LDS — New Granger, and Approximately 1.912 Acres of Adjacent Right -Of -Way, Located West of Blue Mound Road and South of Highway 114, in the Far North Planning Sector, AX-24- 007 (PUBLIC HEARING - a. Report of City Staff: Derek Hull; 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 4.039 acres of land in Denton County, for the continued use as a church known as LDS -- New Granger, and approximately 1.912 acres of adjacent right-of-way, located west of Blue Mound Road and south of Highway 114, as shown on Exhibit A; 2. Adopt ordinance annexing AX-24-007 for full purposes; and 3. Authorize execution of municipal services agreement between the City of Fort Worth and property owners, The Church of Jesus Christ of Latter -Day Saints, A Utah Corporation Sole. DISCUSSION: On June 4, 2024, representatives for the property owners, The Church of Jesus Christ of Latter -Day Saints, A Utah Corporation Sole, submitted a request for full -purpose annexation of the property shown on Exhibit A into the City of Fort Worth (City). The subject property is located entirely in that portion of the City's extraterritorial jurisdiction which is in Denton County. The site is located west of Blue Mound Road and south of Highway 114. The owner -initiated annexation, which is approximately 4.039 acres, is consistent with the urban development annexation criteria as established by the City's Annexation Policy. In accordance with Chapter 43, section 43.106, approximately 1.951 acres of adjacent right-of-way will be annexed into the City's corporate limits. The property is part of an enclave surrounded by the City and is currently being used as a church. The property owner intends to continue to use the property as a church. The proposed land use is inconsistent with the 2023 Comprehensive Plan. The 2023 Comprehensive Plan identifies the future land use for this property as General Commercial. The use of the property as a church is compatible with current surrounding land uses, but not consistent with the future land use. In accordance with Chapter, Section 2-70 of the City Code, the Plan Commission will make a recommendation to the City Council on proposals for voluntary annexation that are inconsistent with the Comprehensive Plan. On August 28, 2024, the City Plan Commission voted unanimously to recommend approval of the inconsistent land uses proposed in annexation case AX-24-007. The companion zoning case (ZC-24-088) was heard by the zoning Commission on September 11, 2024. The Zoning Commission recommended the approval of the requested zoning of the unzoned area to the Community Facilities "CF" zoning district for approximately 4.039 acres. The companion zoning case is scheduled for a public hearing by the City Council on September 17, 2024. The proposed site for annexation is located fully within the City of Fort Worth's Certificate of Convenience and Necessity (CCN), which grants the City exclusive rights to provide retail water and/or sewer utility service. This site is also located within the 20-Year Plan service area as identified in the 2023 Comprehensive Plan. The City is annexing the property under the authority granted in Subchapter C-3 of Chapter43 of the Texas Local Government Code (TLGC) wherein it provides for the process of annexation of an area upon a request of an owner of land. Section 43.0672 of the TLGC requires a municipality that elects to annex an area upon the request of an owner to 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 attached 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 prepared by the FWLab Planning Division with the assistance of other City Departments. Annual impacts on the General Fund are expected to be negative following annexation, based on the information provided by City departments and the developer. The FWLab has determined that the annexation meets the City's criteria for full -purpose annexation due to its location as part of an enclave and aligns with the Comprehensive Plan policies, the long-term financial sustainability poses a potential concern. 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-24-007. The City Council will conduct a public hearing on the proposed annexation to allow person interested in the annexation an opportunity to be heard. Notice of the public hearing has been posted in accordance with section 43.0673 of the TL.GC. Upon conclusion and closure of the required public hearing, the City Council may take final action on the ordinance annexing AX-24-007 for full purposes and the municipal services agreement. Upon approval of the annexation, this property will become part of COUNCIL_ DISTRICT 10. 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 negative impact to the General Fund. Submitted for City Managers Office W. Dana Burghdoff 8018 Originating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Expedited August 27, 2024 Full Purpose Annexation Request Case # AX-24-007 LDS — New Granger Approximately 5.951 Acres Staff Report on Fiscal Sustainability Impact Prepared for City Council by The FWLab -�Y IJmr: LDS - New Granger At, -1 August 27, 2024 TABLE OF CONTENTS RECOMMENDATION HIGHLIGHTS............................................................................................... 3 EXISTING CONDITIONS................................................................................................................. S COMPREHENSIVE PLAN CONSISTENCY....................................................................................... 6 WATER DEPARTMENT................................................................................................................... 8 TRANSPORTATION AND PUBLIC WORKS - ROADS AND STREETS ............................................. 9 TRANSPORTATION AND PUBLIC WORKS - STORMWATER....................................................... 10 POLICE DEPARTMENT................................................................................................................. 11 FIREDEPARTMENT..................................................................................................................... 12 PUBLIC SAFETY RADIO COMMUNICATIONS............................................................................. 14 CODE COMPLIANCE - ANIMAL CONTROL (ACC) .................................................................... 16 ENVIRONMENTAL SERVICES DEPARTMENT - SOLID WASTE SERVICES ................................ 17 ENVIRONMENTAL SERVICES DEPARTMENT - ENVIRONMENTAL QUALITY ........................... 18 PARK AND RECREATION............................................................................................. 19 2 August 27, 2024 RECOMMENDATION HIGHLIGHTS Financial Overview The current financial analysis includes total revenue, expenditures, balance, and cumulative total, with the exclusion of significant future City expenditures for street construction and maintenance. Estimate Year Annual Total Annual total Cumulative Total Revenue Expenditures Net Year 5 $0.00 $32,213 -$32,213 Year 10 $0.00 $68,835 -$68,835 Yearly $0.00 $111,645 -$111,645 Year 20 $0.00 $160,113 -$160,113 Year 40 (2067) $0.00 $199,417 -$199,417 Expenditures Anticipated expenditures for the City cover a broad range of City services, including stormwater management, environmental quality, code enforcement, and services related to water, fire and emergency response, and police. It is important to note that the current financial calculations do not factor in the revenues from the Water Department, or the costs associated with extending water services. This could result in an incomplete assessment of the City's overall financial impact. Revenues The annexation area will host a new church, which will be constructed by 2026. The current site, which consists of an existing residence owned by the Church of Jesus Christ of Latter -Day Saints, does not generate any tax revenue. The fiscal impact on the General Fund is expected to be negative annually. This is due to the operating costs of various departments (Police, Code Compliance, Water, Environmental Services, and Transportation and Public Works) that are projected to exceed any revenue generated by the new development. Comprehensive Plan Alignment The proposed annexation area is part of an existing enclave, which is surrounded by the City of Fort Worth. Annexation of enclave areas supports efficient provision of City services. The annexation aligns with the following Comprehensive Plan policies: I. Encourage new development adjacent and connected to previously developed or platted areas in order to utilize existing utility and road infrastructure and services, thereby optimizing public and private investments and discouraging sprawl development. 2. Promote fiscally sustainable growth on the periphery of the city by encouraging development adjacent to existing adequate infrastructure and discouraging leapfrog development. August 27, 2024 Locate large commercial and institutional uses adjacent to arterial streets, preferably at the intersections of other arterials and highways. Land Use Recommendation The proposed church development is permitted in any zoning district in the City and is therefore allowable within the property's General Commercial designation on the 2023 Comprehensive Plan Future Land Use Map. This designation supports the development of retail, services, offices and mixed uses serving occasional needs for a larger market area. A more appropriate Future Land Use designation for a church would be Institutional, which supports uses such as schools, churches, government, human services, utilities, and community centers. City staff recommends that the Future Land Use designation for the subject property be amended from General Commercial to Institutional after the proposed church is constructed. Given that the applicable land use policies support commercial and institutional use at this location at the intersection of Texan Drive and FM 156, and with the existing institutional use located directly north, the proposed annexation and church development will provide community facilities that meet the needs of the current and future population, fostering an environment conducive to community development. Overall Recommendation Annual impacts on the General Fund are expected to be negative for the proposed new church following construction, based on the information provided by departments and the developer. Due to the ability of the area to meet the City's criteria for full -purpose annexation and Comprehensive Plan Future Land Use Map and policy guidance, staff recommends that LDS — New Granger be considered for annexation at this time. 4 August 27, 2024 EXISTING CONDITIONS Description Approximately 5.451 acres of land located at the southwest corner of Texan Drive and Highway 156 Request Type Annexation — Full Purpose. Council District 10 Comprehensive Plan Future Land Use The adopted 2023 Comprehensive Plan's Future Land Use designations are General Commercial. Floodplain No. Current & Proposed Zoning Current Zoning — Residential (Single -Family) Proposed Zoning — F (General Commercial) Existing Land Use Single -Family Residential Included in Planned Service Area Enclave PSA - Redevelopable Enclave Yes. Planning Sector Far North. ROW Yes. Concept Plan Yes. Preliminary Plat Yes. Final Plat No. Independent School District Northwest LSD. August 27, 2024 COMPREHENSIVE PLAN CONSISTENCY The adopted 2023 Comprehensive Plan designates the proposed annexation area as General Commercial on the City's Future Land Use Map. The annexation application, land plan, and associated preliminary plat for the property propose General Commercial (4.039 acres, F zoning) uses. In addition, there is a gas well pad site behind the property, along the western portion of the property, adjacent to Institutional and Light Industrial future land uses. The proposed use within the annexation area is currently inconsistent with the adopted Future Land Use Map. While the annexation proposal retains the commercial land use type identified in the Comprehensive Plan, the proposal more aligns with the Institutional land use to the north. (It should be noted that churches are permitted anywhere regardless of land use compatibility and zoning.) Given the adjacent Institutional Use to the north/northeast, and adjacent Light Industrial land use type to the east/southeast, the proposed land use and designations are compatible with the surrounding uses, both existing and currently planned. The proposed Future Land Use Map amendment changes the General Commercial designation to Institutional. Based on the compatible arrangement of existing land uses surrounding the property, staff recommends that the Future Land Use Map in the Comprehensive Plan be amended. The Future Land Use Maps below show the currently adopted designations for the area, as well as staffs proposed changes to the Future Land Use Map to bring the map into alignment with the proposed land use. 0 August 27, 2024 Ado ted Future Land Use: Subject Property . General Commercial Single Family Residential ■ Institutional Open Space i N-t- A �_ -_ III: �•R. r -rtlY SF1 �fi it Ft� ` - :� ... •,. irk; Fit -■rr;i_„r€u w i f Proposed Future Land Use: USubject Property 0 General Commercial Single Family Residential Institutional Open Space 7 6 August 27, 2024 WATER DEPARTMENT It is anticipated that 450 linear feet of 12-inch water pipe will be constructed as part of this annexation. It is also anticipated that 1,300 linear feet of 8-inch offsite sewer pipe will be constructed as part of this annexation. How does this proposal align with your department's plans and policies? List policies from department's plan that this annexation proposal supports (Strategic Plan, Master Plan, Neighborhood Plan, etc.): Proposal is consistent with the City Comprehensive Plan. The proposed annexation aligns with the Water Department Water and Sewer Master Plans regarding land use. How will this proposal affect your Ivey performance indicators? This annexation is not expected to significantly impact KPIs for the maintenance of water and sewer assets. The cumulative impacts of all annexations on maintenance -related KPIs over time will be more significant. Utility management does not anticipate a need for additional water/sewer capital improvements in this annexation area for the foreseeable future. Department Recommendation: Water Department supports annexation request. Estimated Cumulative Expenditures and Revenues 8 August 27, 2024 TRANSPORTATION AND PUBLIC WORKS - ROADS AND STREETS The following table provides an overview of estimated costs per lane mile categorized by street type, providing financial considerations associated with the proposed development. This data aims to highlight the distinct financial implications of developing and maintaining each proposed street type. Texan Drive is already maintained by the City of Fort Worth and Blue Mound (FM156) is maintained by TxDOT. How does this proposal align with your department's plans and policies? No projected impact How will this proposal affect your key performance indicators? No projected impact Recommendation: Support Annexation E August 27, 2024 TRANSPORTATION AND PUBLIC WORKS - STORMWATER How does this proposal align with your department's plans and policies? The annexation will increase future maintenance costs and staff time required for the estimated storm system infrastructure associated with this development. Additional staff may be required to maintain existing service levels when the cumulative impacts of all annexations are considered. How will this proposal affect your key performance indicators? The storm system infrastructure from this particular annexation is not expected to significantly impact KPIs. However, the cumulative impacts of all annexations on maintenance -related KPIs may be more significant. Stormwater management does not anticipate a need for stormwater capital improvements in this annexation area for the foreseeable future. Therefore, no impact to our capital delivery key performance indicators is expected at this time. Recommendation: Stormwater supports the annexation since the revenue is expected to be higher than the anticipated combined capital expenses and maintenance expenses, assuming that the new development will be built per the City's standards. Estimated Cumulative Expenditures and Revenues inflation)Estimated Cumulative Expenditures (assuming 3% annual Years 40 Years Infrastructure 5 Years 10 Years 15 Years 20 Operation & Maintenance 4 Inlets and 1,416 $5,367 $11,434 $18,201 $25,669 $36,481 Linear Feet of Pipe Departmental Review Comments — Expenditures: Based on the high-level information provided, Stormwater estimates that about 1,416 linear feet of storm sewer pipes and 4 new storm inlets will be installed as part of this proposed church development. The table below provides the estimated cumulative maintenance expenditures for the proposed drainage infrastructure from the best information currently available. Future expenses will be highly dependent on the actual development of the area as permitted by the City's Development Services Department. 10 August 27, 2024 POLICE DEPARTMENT The Police Department has projected demand for service based on the best information currently available. Future expenses are highly dependent on the expected uses, density level, transportation infrastructure, and timing of development. Operational, Capital, and Personnel expenses are unknown at this time and are dependent on if a new patrol division, additional personnel (patrol officers, neighborhood police officers, communications staff, etc.), or a new facility is necessary. How does this proposal align with your department's plans and policies? Additional calls for service will increase operational needs for the Police Department. As the land is developed, the Police Department will continue to evaluate call loads to determine whether a new patrol division, additional personnel (patrol officers, neighborhood police officers, communications staff, etc.), or a new facility is necessary. How will this proposal affect your key performance indicators? Once the property is fully developed, Priority 1, 2, and 3 response times could increase for North Division, Police Beat D19, Police Reporting Area Q300 depending on the expected uses, density level, transportation infrastructure, and timing of development. Recommendation: Support Annexation Estimated Cumulative Expenditures and Revenues Costs per call j Institutional 5 Years $25,452 10 Years 1 $54,958 15 Years $89,163 20 Years $128,817 40 Years $143,999 Total $25,452 j $54,958 $89,163 $128,817 $143,999 Revenue: 11 August 27, 2024 FIRE DEPARTMENT The following table outlines the estimated response times for fire stations based on their designated locations. Prompt and efficient responses are crucial in emergency situations, and the tunes listed below represent the estimated durations it takes for each fire station to reach the boundary of the proposed annexation area. These response times are essential factors in ensuring the timely deployment of resources for effective emergency management. ESTIMATE1 STATIi RESPONSE 1st Due Company Station 11 3.3 Minutes 1900 Texan Dr 2od Due Company Station 35 7.5 Minutes 2201 Flight Line Rd 3r' Due Company Station 38 11.9 Minutes 13280 Park Vista Blvd 4'h Due Company Station 45 14.4 Minutes 1901Quail_ Grove Dr 1st Aerial Station 35 7.5 Minutes 2201 Flight Line Rd The responding fire stations' proximities to the LDS — New Granger boundary are shown in the below map. 12 f `WP August 27, 2024 ' l , 4'4 �, "f�141•PI �- zri .'µkw Fire Department Response Time Comments: Fire and EMS first responder services will be dispatched from existing temporary Fire Station 11, located at 1900 Texan Dr, to the proposed annexation. Current Fire Department response time goal is to arrive on the scene of emergencies within five minutes from the time of dispatch at 75% of the time. Based on the existing fire stations located close to this proposed annexation area, the Fire Department will be able to meet this response time goal. Fire Department Incidents Comments: 2024 produced 77 incidents for the area within one half mile of the proposed annexation (not including the area of the proposed annexation itself). Based on a comparison of the area of the buffer to the area of the annexation, the estimated annual count of incidents in the annexation is less than 1. The estimated cost of an additional incident is $968. Multiplied by 1 incident, the total additional annual cost of responding to the annexation is estimated to be less than $968. However, once the area becomes more fully developed or if zoning for the area changes, this number will need to be adjusted. Fire Department Comments Related to Staffing and Facilities: 13 August 27, 2024 PUBLIC SAFETY RADIO COMMUNICATIONS Assessing the proposed population growth from the annexation on public safety radio communications will be important. The increase in population size heightens demands on emergency services and law enforcement, necessitating a comprehensive evaluation of our current communication infrastructure. As the population expands, so does the potential for emergencies and public safety incidents, highlighting the critical importance of robust and scalable radio communication system. To ensure the efficacy of public safety efforts, strategic investments and enhancements to the radio communication technology will be continuously reviewed. How does this proposal align with your department's plans and policies? This proposal aligns with the Department's existing plans and policies. How will this proposal affect your key performance indicators? The proposal will have no effect on the department's key performance indicators. Recommendation: No action regarding public safety radio communications will be required to accommodate the proposed annexation. Estimated Cumulative Expenditures and Revenues Estimated Cumulative Expenditures 5 Years i 10 Years (2024 15 Years Dollars) 20 Years 40 Years J)erations $0 $0 — $0 $0 $0 Capital $0 $0 $0 $0 $0 Personnel $0 -- $0 $0 $0 $0 _ Maintenance. $0 $0 -- $0 $0 $0 epartmental Review Comments — Expenditures: Departmental Review Comments 14 August 27, 2024 CODE COMPLIANCE - CODE ENFORCEMENT How does this proposal align with your department's plans and policies? The proposed annexation aligns with the Code Compliance plans regarding land use. How will this proposal affect your key performance indicators? This proposal will not affect Code Enforcements KPIs. Commercial complaints will increase as the annexed area ages. Recommendation: Proceed as planned. Estimated Cumulative Expenditures and Revenues 5 Years 10 Years 15 Years 20 Years 40 Years Operations —")I ()!1 �200 $400 $500 $4000 Ca ital 0 0 (} 0 r (1 Personnel {1 0 1 1 1 Maintenance 20 Years 40 Years 0 0 15 August 27, 2024 CODE COMPLIANCE - ANIMAL CONTROL (ACC) How does this proposal align with your department's plans and policies? The annexation of 5 acres for church purposes will not affect Animal Control's plans or policies. How will this proposal affect your key performance indicators? Request of service from Animal Control concerning this particular annexation is not expected to impact KPIs. Recommendation: No recommendations at this time. Estimated Cumulative Expenditures and Revenues 5 Years 1.0 Years 15 Years $0 $0 20 Y..... _... _ .... __. $0 $0 j $0 $0 Operations SO Capital $0 SO $0 Personnel Maintenance $0 $0 So $0 $0 $0 $0 $0 j $0 $0 40 Years $0 I6 August 27, 2024 ENVIRONMENTAL SERVICES DEPARTMENT — SOLID WASTE SERVICES How does this proposal align with your department's plans and policies? N/A. Solid Waste does not provide waste collection services to commercial entities How will this proposal affect your key performance indicators? NIA. Solid Waste does not provide waste collection services to commercial entities Recommendation: Neutral Estimated Cumulative Expenditures and Revenues i I !o Years 10 Years lS Years 20 Years j 40 Years Operations 0 Capital 0 ^ 0 0 0 - Personnel 0 0 Maintenance 0 0 U 0_ J 0 1 17 August 27, 2024 ENVIRONMENTAL SERVICES DEPARTMENT — ENVIRONMENTAL QUALITY How does this proposal align with your department's plans and policies? The proposed church land use is expected to have a light service need from our division. Grading and land disturbance will be subject to the grading permitting process and subsequent inspections. Current staffing is sufficient to complete these duties. This type of inspection is documented in Chapter 4 of the Environmental Master Plan. Any required litter abatement and sweeping services are expected to be minimal and support Chapter 6 of the Environmental Master Plan. How will this proposal affect your key performance indicators? Once development starts, the subject site would increase the number of routine investigations for the Water Quality team. However, current staffing is sufficient to complete these during authorized timelines. Therefore, this proposal is not expected to negatively impact this key performance indicator. Recommendation: Proceed as planned Estimated Cumulative Expenditures and Revenues 5 Years 10 Years 15 Years 20 Years 40 Years - - - O erations — $863 - $1,196 - -- $1.647 �2,182 $5,535 Capital $15 $35 $64 $98 $309 _ Personnel $342 $834 $1.531 $2,359 $7,545 Maintenance $74 $177 $319 $488 $1,547 Revenue 18 August 27, 2024 PARK AND RECREATION How does this proposal align with your department's plans and policies? How will this proposal affect your key performance indicators? Recommendation: Estimated Cumulative Expenditures and Revenues Estimated Cumulative Expenditures (assuming 3.5% annual inflation) 5 Years ` 10 Years J 15 Years 20 Years 40 Years Operations a ital Personnel Maintenance $6,829 $8,111 $9,633 $11,441 $22,766 Contract Mow) Maintenance Forest Departmental Review Comments — Expenditures: ARD Forestry: ARD ROW: FM156 just south of Hwy 114. 1 median, 2 parkways for 0.10 mile. Current conditions would result in a maintenance cost of $5,750 annually for 7-day cycle mowing & litter pick up on the median & parkways for 0.1 miles on FM156. ARD ROW: PARD PRM-Planning: Z August 27, 2024 SUMMARY AND OVERALL RECOMMENDATION Expenditures, Revenues, and Cumulative Total Summary The following calculations provide an overview of total revenue, total expenditures, balance, and cumulative totals. However, it's important to recognize that significant future city expenditures are not yet included. The City's Transportation and Public Works Department has noted that Texan Drive is managed by Fort Worth, while Blue Mound (FM156) is maintained by TxDOT. Collaborative efforts led by the F WLab and various departments aim to refine cost estimates, providing enhanced clarity for future fiscal impact assessments. This initiative is expected to refine the Balance and Cumulative Total figures in future fiscal impact analyses. Total Cumulative Total Estimate Year Total Revenue Expenditures Net $0.00 $32,213 -$32,213 Year 5 $0.00 $68,835 -$68,835 Year 10 Year 15 $0.00 $111,645 -$111,645 $0.00 $160,113 -$160,113 Year 20 Year 40 (2067) $0.00 $199,417 -$199,417 Expenditures Service and infrastructure costs will increase over time as additional development occurs and as infrastructure ages and needs maintenance and eventual replacement. The development of a church is not projected to generate any property tax revenue. The annual revenue needed to maintain infrastructure and services to the development may be strained to cover costs associated with the development. Future costs to the City include: o Street maintenance and construction o Mowing, forestry, and operational costs for parkland along FM156 just south of Hwy 114 o Stormwater operations and maintenance o Police, Fire, and emergency services o Environmental quality operational costs and code compliance operations o Animal control operations o Water Department will extend service through cost participation as needed. Revenues The annexation area will host a new church, which will be constructed by 2026. The current site, which consists of an existing residence, does not generate any tax revenue. The fiscal impact on the General Fund is expected to be negative annually. This is due to the operating costs of various departments (Police, Code Compliance, Water, Environmental Services, and Transportation and Public Works) that are projected to exceed any revenue generated by the new development. 20 August 27, 2024 Comprehensive Plan Alignment The proposed annexation area is part of an existing enclave, which is surrounded by the City of Fort Worth. Annexation of enclave areas supports efficient provision of City services. The annexation aligns with the following Comprehensive Plan policies: 1. Encourage new development adjacent and connected to previously developed or platted areas in order to utilize existing utility and road infrastructure and services, thereby optimizing public and private investments and discouraging sprawl development. 2. Promote fiscally sustainable growth on the periphery of the city by encouraging development adjacent to existing adequate infrastructure and discouraging leapfrog development. 3. Locate large commercial and institutional uses adjacent to arterial streets, preferably at the intersections of other arterials and highways. Land Use Recommendation The proposed church development is permitted in any zoning district in the City and is therefore allowable within the property's General Commercial designation on the 2023 Comprehensive PIan Future Land Use Map. This designation supports the development of retail, services, offices and mixed uses serving occasional needs for a larger market area. A more appropriate Future Land Use designation for a church would be Institutional, which supports uses such as schools, churches, government, human services, utilities, and community centers. City staff recommends that the Future Land Use designation for the subject property be amended from General Commercial to Institutional after the proposed church is constructed. Given that the applicable land use policies support commercial and institutional use at this location at the intersection of Texan Drive and FM 156, and with the existing institutional use located directly north, the proposed annexation and church development will provide community facilities that meet the needs of the current and future population, fostering an environment conducive to community development. Note that the property is located within the Fort Worth Alliance Airport Overlay Zone, which provides for additional regulation of land development and certain uses. Overall Recommendation Annual impacts on the General Fund are expected to be negative for the proposed new church following construction, based on the information provided by departments and the developer. Due to the ability of the area to meet the City's criteria for full -purpose annexation and Comprehensive Plan Future Land Use Map and policy guidance, staff recommends that LDS — New Granger be considered for annexation at this time. 21 City of Fort Worth, Texas Mayor and Council Communication DATE: 09/17/24 M&C FILE NUMBER: M&C 24-0825 LOG NAME: 06AX-24-007; LDS — NEW GRANGER, OWNER -INITIATED SUBJECT (Future CD 10) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner -Initiated Annexation of Approximately 4.039 Acres of Land in Denton County, Known as LDS — New Granger, and Approximately 1.912 Acres of Adjacent Right -Of -Way, Located West of Blue Mound Road and South of Highway 114, in the Far North Planning Sector, AX-24- 007 (PUBLIC HEARING - a. Report of City Staff Derek Hull; 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 4.039 acres of land in Denton County, for the continued use as a church known as LDS — New Granger, and approximately 1.912 acres of adjacent right-of-way, located west of Blue Mound Road and south of Highway 114, as shown on Exhibit A; 2. Adopt ordinance annexing AX 24-007 for full purposes; and 3. Authorize execution of municipal services agreement between the City of Fort Worth and property owners, The Church of Jesus Christ of Latter -Day Saints, A Utah Corporation Sole. DISCUSSION: On June 4, 2024, representatives for the property owners, The Church of Jesus Christ of Latter -Day Saints, A Utah Corporation Sole, submitted a request for full -purpose annexation of the property shown on Exhibit A into the City of Fort Worth (City). The subject property is located entirely in that portion of the City's extraterritorial jurisdiction which is in Denton County. The site is located west of Blue Mound Road and south of Highway 114. The owner -initiated annexation, which is approximately 4.039 acres, is consistent with the urban development annexation criteria as established by the City's Annexation Policy. In accordance with Chapter 43, section 43.106, approximately 1.951 acres of adjacent right-of-way will be annexed into the City's corporate limits. The property is part of an enclave surrounded by the City and is currently being used as a church. The property owner intends to continue to use the property as a church. The proposed land use is inconsistent with the 2023 Comprehensive Plan. The 2023 Comprehensive Plan identifies the future land use for this property as General Commercial. The use of the property as a church is compatible with current surrounding land uses, but not consistent with the future land use. In accordance with Chapter, Section 2-70 of the City Code, the Plan Commission will make a recommendation to the City Council on proposals for voluntary annexation that are inconsistent with the Comprehensive Plan. On August 28, 2024, the City Plan Commission voted unanimously to recommend approval of the inconsistent land uses proposed in annexation case AX-24-007. The companion zoning case (ZC-24-088) was heard by the Zoning Commission on September 11, 2024. The Zoning Commission recommended the approval of the requested zoning of the unzoned area to the Community Facilities "CF" zoning district for approximately 4.039 acres. The companion zoning case is scheduled for a public hearing by the City Council on September 17, 2024. The proposed site for annexation is located fully within the City of Fort Worth's Certificate of Convenience and Necessity (CCN), which grants the City exclusive rights to provide retail water and/or sewer utility service. This site is also located within the 20-Year Plan service area as identified in the 2023 Comprehensive Plan. The City is annexing the property under the authority granted in Subchapter C-3 of Chapter43 of the Texas Loral Government Code (TLGC) wherein it provides for the process of annexation of an area upon a request of an owner of land. Section 43.0672 of the TLGC requires a municipality that elects to annex an area upon the request of an owner to 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 attached 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 prepared by the FWLab Planning Division with the assistance of other City Departments. Annual impacts on the General Fund are expected to be negative following annexation, based on the information provided by City departments and the developer. The FWLab has determined that the annexation meets the City's criteria for full -purpose annexation due to its location as part of an enclave and aligns with the Comprehensive Plan policies, the long-term financial sustainability poses a potential concern. Therefore, due to the ability of the area to meet the City's criteria forfull-purpose annexation staff recommends approval of the requested owner -initiated annexation, AX-24-007. The City Council will conduct a public hearing on the proposed annexation to allow person interested in the annexation an opportunity to be heard. Notice of the public hearing has been posted in accordance with section 43.0673 of the TLGC. Upon conclusion and closure of the required public hearing, the City Council may take final action on the ordinance annexing AX-24-007 for full purposes and the municipal services agreement. Upon approval of the annexation, this property will become part of COUNCIL DISTRICT 10. 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 negative impact to the General Fund. Submitted for City Manager's Office bk ❑ana Burghdoff 8018 Originating Business _Unit -Head : Q.J. Harrell 8032 Additional Information Contact: Expedited