HomeMy WebLinkAboutOrdinance 27177092024ORDINANCE NO.27177-09-2024
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 61.754 ACRES,
MORE OR LESS, OUT OF LAND SITUATED IN THE JOHN
KORTICKY SURVEY, ABSTRACT NO. 914, TARRANT COUNTY,
TEXAS, BEING A PORTION OF TRACT 1 AND TRACT 2, AS
DESCRIBED IN DEED TO CROWLEY INDEPENDENT SCHOOL
DISTRICT (CROWLEY ISD), ACCORDING TO THE DEED FILED
IN INSTRUMENT #D207416955, DEED RECORDS OF TARRANT
COUNTY, TEXAS (D.R.T.C.T.), BEING A PORTION OF A TRACT
OF LAND DESCRIBED IN DEED TO TEXAS ELECTRIC SERVICE
COMPANY (TESCO), RECORDED IN VOLUME 3564, PAGE 577,
D.R.T.C.T., ALSO BEING A PORTION OF WEST CLEBURNE
ROAD (COUNTY ROAD 1035), A VARIABLE WIDTH RIGHT-OF-
WAY, PUBLIC RECORDS OF TARRANT COUNTY, TEXAS,
(CASE NO. AX-24-004) 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
SE'VERABILITY; AND NAMING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth has received a petition in writing from
Crowley Independent School District and Oncor, the owner, requesting the full -purpose
annexation of 61.754 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,
Crowley Independent School District and Oncor, and the City negotiated and entered into
a written agreement, City Secretary Contract No. 62013, for the provisions of municipal
services in the area; and
WHEREAS, the City conducted one public hearing at which members of the public
who wished to present testimony or evidence regarding the Municipal Service Agreement
and Full -Purpose Annexation were given the opportunity to do so, in accordance with the
procedural requirements of Section 43.0673 of the Local Government Code on. September
17, 2024 at 6:00 p.m., at the City Council Chamber;
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 61.754 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 6I.754 acres of land situated in the John Korticky Survey, Abstract No. 914,
Tarrant County, Texas, being a portion of Tract 1 and Tract 2, as described in deed to
Crowley Independent School District (Crowley ISD), according to the deed filed in
Instrument #D2074 I 6955, Deed Records of Tarrant County, Texas (D.R.T.C.T.),
being a portion of a tract of land described in deed to Texas Electric Service Company
(TESCO), recorded in Volume 3564, Page 577, D.R.T.C.T., also being a portion of
West Cleburne Road (County Road 1035), a variable width right-of-way, and being
more particularly described by metes and bounds as follows:
BEGINNING at the northeast corner of said TESCO tract (Volume 3564, Page 577),
also being the northwest corner of a tract of land described in deed to TESCO, recorded
in Volume 3554, Page 613, D.R.T.C.T., also being the most easterly southeast corner
of a 194.167 acre tract of land annexed by the City of Fort Worth, as recorded in City
of Fort Worth Ordinance #13578, also being in the most westerly line of a 79.08 acre
tract of land annexed by the City of Fort Worth, as recorded in City of Fort Worth
Ordinance #9471, and also being in the approximate centerline of said West Cleburne
Road;
THENCE S 0002708" E, along the east line of said TESCO tract (Volume 3564, Page
577), along the west line of said TESCO tract (Volume 3554, Page 613), along the most
westerly line of said 79.08 acre tract, and along the approximate centerline of said West
Cleburne Road, a distance of 149.74 feet to a Mag nail found at the southeast corner of
said TESCO tract (Volume 3564, Page 577), also being the southwest corner of said
TESCO tract (Volume 3554, Page 613), from which a TESCO monument found at the
most northerly northeast corner of said Tract 2 bears S 88°42'06" W, a distance of
25.11 feet;
Annexation—AX-24-004 Ordinance No. 27177-09-2024
THENCE S 0002708" E, continuing along the most westerly line of said 79.08 acre
tract, and along the approximate center line of said West Cleburne Road, at a distance
of 262.66 feet, passing the most easterly northeast corner of said Tract 2, continuing
along the east Iine of said Tract 2, in all, a distance of 659.57 feet to the southwest corner
of said 79.08 acre tract, and being in the north line of a 52.357 acre tract of land
annexed by the City of Fort Worth, as described in City of Fort Worth Ordinance
49581;
THENCE S 89043'25" W, leaving the approximate centerline of said West Cleburne
Road and the most easterly line of said Tract 2, continuing along the north line of said
52.357 acre tract, a distance of 25.90 feet to the northwest corner of said 52.357 acre
tract, and being in the west line of said West Cleburne Road;
THENCE continuing along the west line of said 52.357 acre tract, and along the west
line of said West Cleburne Road, the following courses and distances;
S 00°31'55" E, a distance of 326.78 feet;
S 00,133155" E, at a distance of 103.60 feet, passing a 5/8 inch iron found in the south
line of Tract 2, and being in the north line of Tract 1, in all, a distance of 617.61 feet to
a 5/8 inch iron rod found in the south line of said Tract 1, and being in the north line of
a 40.043 acre tract of land annexed by the City of Fort Worth, as recorded in City of Fort
Worth Ordinance 424148- 04-2020;
THENCE S 89008'07" W, leaving the west line of said 52.357 acre tract, continuing along the
north line of said 40.043 acre tract and the south line of said Tract 1, at a distance of 14.80 feet,
passing a 5/8 inch iron rod with cap stamped "L7A Surveying" found at the northeast comer of
Lot 2X, Block 4, Deer Creek, an addition to the City of Fort Worth, Tarrant, County, Texas,
recorded in Instrument #D222058562, Plat Records of Tarrant County, Texas (P.R.T.C.T.),
and continuing along the north line of Blocks 4 & 5 of said Deer Creek, in all, a distance of
1673.28 feet to the southwest comer of said Tract 1, also being the northwest comer of Lot 1
of said Block 5, Deer Creek, and also being in the east line of a tract of land described in deed
to Dependable Builders, LLC, recorded in Instrument #D221376640, D.R.T.C.T., from which
a 518 inch iron rod with cap stamped "L7A Surveying" found bears N 89°08' 11" E, a distance
of 0.28 feet;
THENCE N 00°00' 16" W, along the west Iine of said Tracts 1 & 2, and along the east line of
said Dependable Builders, LLC tract, at a distance of 12.43 feet, passing a 1 inch iron rod found
at the northeast corner of said Dependable Builders, LLC tract, also being the southeast corner
of Lot 15, Block 2, Panther Heights (Phase 2), an addition to the City of Fort Worth, Tarrant
County, Texas, recorded in Cabinet A, SIide 7768, P.R.T.C.T., and also being the southeast
corner of said 194.167 acre tract, and continuing along the east line of said 194.167 acre tract,
and along the east line of said BIocks 2 & 3 of said Panther Heights (Phase 2), at a distance of
1455.67 feet, passing a 3/4 inch iron rod found at the northwest corner of said Tract 2, also
being the northeast corner of Lot 13 of said Block 3, Panther Heights (Phase 2), and also being
in the south line of said TESCO tract (Volume 3564, Page 577), continuing over and across
said TESCO tract (Volume 3 564, Page 577), in all, a distance of 1605.70 feet to the north line
of said TESCO tract (Volume 3564, Page 577), also being in the south line of Block 3 of
Annexation—AX-24-004 Ordinance No. 27177-09-2024
Panther Heights, an addition to the City of Fort Worth, Tarrant County, Texas, recorded in
Cabinet A, Slide 5064, P.R.T.C.T.;
THENCE N 89011'55" E, along the north line of said TESCO tract (Volume 3564, Page 577),
and along the south Iine of said Block 3, Panther Heights (Cabinet A, Slide 5064), a distance
of 1684.95 feet to the POINT OF BEGINNING and containing 61.754 acres of land.
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 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-24-004 Ordinance No. 27177-09-2024
SECTION 7.
SAVING CLAUSE
The City Council hereby declares it to be its purpose to annex to the City of Fort
Worth every part of the area described in Section 1 of this ordinance, regardless of whether
any part of such described area is hereby not effectively annexed to the City. Should this
ordinance for any reason be ineffective as to any part or parts of the area hereby annexed
to the City of Fort Worth for full purposes, the ineffectiveness of this ordinance as to any
such part or parts shall not affect the effectiveness of this ordinance as to the remainder of
such area.
SECTION S.
EFFECTIVE DATE
This ordinance shall be in full force and effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
IV
Melinda Ramos annette S. Goodall
Deputy City Attorney OCity Secretary
ADOPTED AND EFFECTIVE: September 17, 2024
Annexation—AX-24-004 Ordinance No. 27177-09-2024
ANNEXATION 8Y
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ORDINANCE /9471
TRACT 2
CROWLEY iNDEPENDENr SCHOOL OISTRlCT
L1
INST. 10207416955
D.R.T.C.T.
61.754 Ac.
TRACT r
CROWLEY 1NDEPENDEW SCHOOL &STRICT (52,357 Ac)
1NST. 1020716955 ANNEYAT70N 8Y
I)AT.C.T. CITY OF FT WORTH
ORG'NANCE J958 f
LINE TABLE
#
DIRECTION
LENGTH
L1
S89'43'25W
25,90'
L2
S00'31'55"E
326.78'
L3
S88'42'06"W
25.11'
L4
S00'33'55"E
103,60'
L5
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0.28'
L6
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12,43'
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... - ♦!. - CAY OF FT WORTH - - . LOT 2x, 11 4 .. P PA d• 024
LIMBO_' CRC*1%jjMGE j,?4F4d—o4 �02o DPp1 W"C£ I °rucES ETVT DATE: JUNE 2 . 2 0
DEPENVA&E 8U/LDERS Lrc' OUR CREEJf `I TNsr./D223f53232 SURVEYED ON THE GROUND
INST. jD221376a4o *ST. �azz2osass2: 1 � PR
T.C.T FEBRUARY 8, 2024
0.R.T.C,.T -..\ .. .. PATCT ... ..._
ANNEXATIONOF '"this document was prepared under 22 Texas Administrative
Code ¢ 138.95, does not reflect the rcxults of an on the ground
teague nail & perkins VI e f U'* ACRES OF LAND survey, and is not to be used to convey or establish mtcresis in
p1227 N.11—. d. 061 ., sv1% too real property excepi those rights and interests implied or
F-1 Worth, T.-76137 established by the creation or reconfiguration of the boundarya17.aa6'5773 ph At7.322.7756 f. Situated in the John Korticky Survey, Abstract No. 914, of the political subdivision for which it was prepared,"
w.tnpi n-am f TULS Rplshaa.n No - T Oct 1 -0o Tarrant County. Tcxls.
_ JOB No. CSD 23609 SHEET 3 OF 3 .
M
Exhibit B
Municipal Services Agreement
Annexation—AX-24-004 Ordinance No. 27177-09-2024
AX-24-004
Approximately 61.754 Acres Adjacent to Council District 6
T...,.- .
_ � f
SASSAFRAS
Master Thoroughfare Plan Fort Worth
Land Use F--] Full Purpose
■ Neighborhood Connector ® Limited Purpose
Extraterritorial Jurisdiction
Adjacent Cities
■ Subject Area
Joh
aw Lake
French Lake
Tarrant
;o
47::::: :....
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L.I..I
Exhibit A
0 400 800 Feet FoRT�� �•
I I �
1:6 000 Pfenntng & Oevefapment Department
06/24V2024
COPYRIGHT 2024 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 NCT TO BE TAKEN 1 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: 09/17/24 M&C FILE; NUMBER: M&C 24-0821
LOG NAME: 06AX-24-004, CROWLEY MIDDLE SCHOOL NO. 5, OWNER -INITIATED
SUBJECT
(Future CD 6) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner -
Initiated Annexation of Approximately 61.754 Acres of Land in Tarrant County, Known as Crowley Middle School No. 5, Located South of Rancho
Verde Parkway and West of Cleburne Road, in the Far Southwest Planning Sector, AX-24-004
(PUBLIC HEARING - a. Report of City Staff. Derek Hull; b. Public Comment; c. Council Action: Close Public Hearing and Act on the M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct public hearing for the proposed owner -initiated annexation of approximately 61.754 acres of land in Tarrant County, known as
Crowley Middle School No. 5, located south of Rancho Verde Parkway and west of Cleburne Road as shown on Exhibit A;
2. Authorize execution of Municipal Services Agreement between the City of Fort Worth and property owners, Crowley Independent School
District and Oncor; and
3. Adopt ordinance annexing AX-24-004 for full purposes.
DISCUSSION:
On May 6, 2024, representatives for the property owners, Crowley Independent School District and Oncor, submitted a request for full -purpose
annexation of the property shown on Exhibit A into the City of Fort Worth. The subject property is entirely located in the City's extraterritorial
jurisdiction, which is in Tarrant County. The site is located south of Rancho Verde and west of Clebume Road. This owner -initiated annexation,
which contains approximately 61.754 acres, is experiencing urban development. The proposed annexation is consistentwith the urban
development annexation criteria as established by the City's Annexation Policy. The proposal site is also an enclave and the City and its citizens
would benefit from a logical City limit boundary that provides for the orderly and efficient provision of services. The subject area is currently
agricultural land with some infrastructure. A portion of the property containing 56.651 acres is proposed for educational uses as a middle school.
The proposed zoning for these 55.651 acres is "CF" Community Facilities. The remaining 6.103 acres currently has electric transmission lines
running its length and will default to "AG" Agricultural zoning. The proposed uses are consistent with the future land use map of the 2023
Comprehensive Plan.
On August 14, the related zoning case (ZC-24-078) was heard by the Zoning Commission, and the commission voted to recommend approval of
"CF" Community Facilities zoning to City Council.
Subchapter C-3 of Chapter 43 of the Texas Local Government Code (LGC) provides for the process of annexation of an area upon a request of an
owner of land. Section 43.0672 of the LGC requires a municipality that elects to annex an area upon the request of an owner first negotiate and
enter into a written agreement with the owners of land in the area for the provision of municipal services.
The agreement must include:
1. A list of each service the municipality will provide on the effective date of the annexation, and
2. A schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the
annexation.
The municipal services agreement includes these provisions in accordance with state law.
The proposed uses were considered while assessing the financial impact to the General Fund. A fiscal impact analysis (FIA) was prepared by the
FWLab Planning Division with the assistance of other City Departments. Based on the operating costs projected from the Police, Code
Compliance and Transportation and Public Works Departments, the FWLab FIA has determined that the annexation will have a long-term
negative impact to the General Fund. As a planned public school, there will be no property tax revenue generated from this annexation. The City is
able to provide adequate municipal services upon annexation in accordance with State law, without negatively impacting service provision within
the city. Due to the ability of this enclave area to meet the City's criteria for full -purpose annexation staff recommends approval of the requested
owner -initiated annexation, AX-24-004.
The City Council will conduct a public hearing on the proposed annexation. The public hearing is an opportunity for persons interested in the
annexation to be heard. Once the City Council has conducted the required public hearing, Council may close the hearing and vote on
authorizing the City Manager to execute the Municipal Services Agreement between the City and property owners, Crowley Independent School
District and Oncor and adopt an ordinance annexing AX-24-004 for full purposes.
Upon approval of the annexation request, the property will become part of COUNCIL DISTRICT 6.
FISCAL INFORMATION ! CERTIFICATION:
The Director of Finance certifies that 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 Cily Manager's Office by: Dana Burghdoff 8018
Originating_ Business Unit Head: D.J. Harrell 8032
Additional Information Contact:
Expedited
CSC No. 62013
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS
AND
CROWLEY INDEPENDENT SCHOOL DISTRICT
AND
ONCOR ELECTRIC DELIVERY CO, LLC
This Municipal Services Agreement ("Agreement") is entered into on 17a, day of
September , ! 2024 by and between the City of Fort Worth, Texas, a home -rule
municipality of the State of Texas, ("City") and Crowley Independent School District and
Oncor Electric Delivery Co. 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 TARRANT County,
Texas, which consists of approximately 61.754 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-24-004 ("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:
I. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the
Annexation Case.
Owner -Initiated Annexation Service Agreement I or 12
2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full,
available municipal services to the Property in accordance with state law, which may be
accomplished through any means permitted by law. For purposes of this Agreement, "full
municipal services" means all services provided by the City within its full -purpose 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 comparable with the provision of services available in other parts of the
municipality with topography, land use and population density similar to the
level of service contemplated or projected in the area.
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 Zonin — The City's Development Services 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
Owner -Initiated Annexation Service Agreement 2 or I2
services in accordance with the City policies and procedures and applicable
laws.
ix. Water and Wastewater to Existing Structures — Occupied structures that are
using water -well and on -site sewer facilities on the Effective Date may continue
to use the same. If a property owner desires to connect an existing structure to
the City water and sewer system, then the owner may request a connection and
receive up to 200 linear feet of water and sewer extension at the City's cost for
each occupied lot or tract in accordance with the City's "Policy for the
Installation of Community Facilities" and applicable law. Once connected to
the City's water and sanitary sewer mains, the water and sanitary sewage
service will be provided by the City at rates established by City ordinances for
such service.
x. Solid Waste Services — The City will provide solid waste collection services in
accordance with existing City ordinances and policies, except where prohibited
by law.
xi. Code Compliance — The City's Code Department will provide education,
enforcement, and abatement relating to code violations within the Property. -
xii. Full Municipal Services — Commencing on the Effective Date, the City will
provide to the Property all services provided by the City within its full -purpose
boundaries and not otherwise listed above, except as provided in Section 3(b).
b. The City will provide water service and wastewater treatment service to developments
established after the Effective Date in accordance with, and on the schedule
determined by, the City's extension policies and applicable law and at rates
established by City ordinances for such services.
c. It is understood and agreed that the City is not required to provide a service that is
not included in this Agreement.
d. Owner understands and acknowledges that the City departments listed above may
change names or be re -organized by the City Manager. Any reference to a specific
department also includes any subsequent City department that will provide the same
or similar services.
4. SERVICE LEVEL. The City will provide the Property with a level of services, infrastructure,
and infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the City with topography, land use, and
population density similar to those reasonably contemplated or projected for the Property.
5. AUTHORITY. City and Owner represent that they have full power, authority and legal right
to execute, deliver and perform their obligations pursuant to this Agreement. Owner
acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City
Council. Nothing in this Agreement guarantees favorable decisions by the City Council.
6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to
be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability
will not affect the validity of any other part, term or provision, and the rights of the parties will
be construed as if the part, term, or provision was never part of the Agreement.
Owvner-Initiated Annexation Service Agreement 3 of 12
7. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation
relating to this Agreement, the terms and conditions of the Agreement will be interpreted
according to the laws of the State of Texas. The parties acknowledge that they are of equal
bargaining power and that each of them was represented by Iegal 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.
4. 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.
0� ner-Initiated Annexation service Agreement 4 of 12
CITY OF FORT WORTH
Name: Dana Burghdoff
Assistant City Manager
Approved as to Form and Legality:
By: �YV1
Name: Melinda Ramos
Deputy City Attorney
In
20A,k bull
DerekHO . ' - -' -' -'
Name:
Derek R. Hull
Contract Manager
By: �_ emu
Name: Jann+rtte S. Goodall
City Secretary
Approvals:
M&C: By: 24-0821
Ordinance No. By: 27477-09-2024
ONmer4nitialed Annexation Service Agreement 5 of 12
State of Texas §
County of Tarran
This instrument was acknowledged before me on the isth day of September 2024
, by
Dana Burghdoff, Assistant City Manage of the City of Fort Worth, a Texas municipal corporation, on
behalf of said corporation.
By: BrooWe Bunnell (Sep 19, 101411:51 CDT)
Notary Public, State of Texas
BRDO%E BORNELL
+ �h ATE pPunllc
� STATE OF TEXAS
llll���1 b Nntsry I.D. 134D 525
Caren. . Oct. 11. 2026
puner-Initiated Annexation Service Agreement 6 of 12
CROWLEY EPEW NT OL DISTRICT
B):
Name: Leon Fisher
Title: CFO
State of §
County of
This instrument was acknowledged before me on the 15 day of July-
2 by Leon Fisher, CFO, on behalf of Crowlev ISD.
& M
B•
♦�tY p���i� BRENDA MAYFIELD
of
_ Notary Pubiic, State of Texas
Notary Public, State -
Comm. Expires 08-13,2025
Notary ID 133268783 1
rJAN't, W'dw!
Owner -Initiated Annetation Smice Aereement 7 of 12
ONCOR ELECTRIC DELIVERY CO, LLC
By:
Name -.—
Title:
State of
County of '-f'—App"
This instrument was acknowledged before me on the day of au t , 2 by
;aoh►n 44ar11,7awcr lssi...r+ 9&JJ r-wA- on behalf of
By: -
Notary Public, State of
-t'4KA- ,S-,
MATT TIL LY
fP�fl I♦
Notary Public
S1'ATE Or TEXAS
M
IQ# 133a26152
.' ns Com
m Fap Apr. 79, 2^
i55
Owner -Initiated Armexation Sen ice Agreement 8 of 12
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76IO2
Owner -Initiated Annexation Service Agreement 9 of 12
0
0
0
N
IRF
TESCO
tVL JSE4. A2 577
O.RT.C.r
it a e�� ;a 914�aY
(T94.Tar Ac) CROW" NA7�EP MEIYr
ANNEXAT70H Or SCHOOL D6TWCr
o
CRY cr FT. WORTH n wST. /N rV.4.1 9S5
OROMWE /TJ578 .e C.7..
61.754 Ac.
1/2' [RF7!�,] —
TRACr r
CROWLEY rNOEPENDENT SCHOOL WSn?h7r
TSSr %D20716955
SO0'27'O8"E �v J arJ`x
149 74' taR T.c r,
u 'ti,,c,rvi•
SO727'08'E
262,65'
(79.0e Ae)
AN40APON BY
Cm aF FT. BVRTH
ORDIMNW /9471
L1
5/8- iRF-
n
ro
AHNEtIT" 7i'Y
J
LINE TABLE
DIRECTION
LENGTH
L1
S89'43'25W
25.90'
L2
SOG'31.55'E
326.70'
L3
S88'42'06"W
25.11'
L4
SOG-33-55"E
103.60'
L5
N89'08'11"E
0.20'
L6
N00'DO'16"W
12.43'
L7
N00.00'1G-W
150.13'
�M-P.7�S LNECr��
p" ��� a1V
Z1 ;
t ?KO
]tfl 7
TtiI.RON, w, s.Ms
t4 5887�
`v if-- Y. I - nRT.CT. ph• Or FT. WNW
Jk t t
�Sta `� ORM"NCE' /958r
CIRF
b S89'08'07"W 1673.28' suRVEr1Nc' B ` -
BLx 5 Bur i'. :: THERON W. SIMS, R.P'C.S..
S/8' CiRF '�• ... . (40.tMT Ac) :14.80'„ II 1/2" IRF TEXAS REGISTRATION I�O, 5887
1.1A .1'. .'2,' .1'. 'Jw_... ,G : • :. AAMA17liN BY . .'.... .......•.. 5/8' IRF , :; • I 8X
suRrEr7xc' :w Y;�;$�$ CRY of FT. wORTN .': ..LOF 2x, BLOGK .::::::::- ::: OPEN SPACE GATE JUNE 20. 2024
+ - •::.. ff:::. . • :.- OROMNCE i24r4E-01-2M :: •. OPFN SPACE
.. �..... ... .. IYAO£ FASE7VFItT
:. uEaE7vaaBLf BtRLDERS LLC .::.. vE r cRmr I ' 77 E ID223r33232 SURVEYED ON THE GROUND
rnsr /B22rJ7a64o
:"7NST l�120785a2':::C; P,ILrc-r FEBRUARY 8, 2024
ORTr1 P.RT.C.r.
.....................................
ANNMTIO OF 'This document was prepared undrr 22 Tecas Administrative
SCALE. 1"=300' Code § 138.93, does not reflect the results of an on the ground
tetague nall 11 perkins 61.754 ACRES OF LAND cods. and is not to be used to conveyor esla6fuh interests is
sa7r N.IIrmN. Dslw, null. too real property except those rights and interests implied or
r.n w■na r.r., nt>r emblishcd by the creation or reconfiguration of the boundary
■rs.73as"ap. ■17-332"561x Situated in the John KoRicky Survey, Abstract No. 914, ofthepolitical subdivision for whkhitwasprepared.'
p
...■l.... ; eau It.atm.s— N.. toot tam Tarrant County, Texas. J09 No, CSD 23609 SHEET 3 OF 3 00
tiu■■..■ - w.. . ri . rr i. u,
EXHIBIT A
Continued
ANNEXATION DESCRIPTION
Being 61.754 acres of land situated in the John Korticky Survey, Abstract No. 914, Tarrant County,
Texas, being a portion of Tract 1 and Tract 2, as described in deed to Crowley Independent School
District (Crowley ISD), according to the deed filed in Instrument #D207416955, Deed Records of
Tarrant County, Texas (D.R.T.C.T.), being a portion of a tract of land described in deed to Texas
Electric Service Company (TESCO), recorded in Volume 3564, Page 577, D.R.T.C.T., also being a
portion of West Cleburne Road (County Road 1035), a variable width right-of-way, and being more
particularly described by metes and bounds as follows:
BEGINNING at the northeast corner of said TESCO tract (Volume 3564, Page 577), also being the
northwest comer of a tract of land described in deed to TESCO, recorded in Volume 3554, Page 613,
D.R.T.C.T., also being the most easterly southeast comer of a 194.167 acre tract of land annexed by
the City of Fort Worth, as recorded in City of Fort Worth Ordinance #13578, also being in the most
westerly line of a 79.08 acre tract of land annexed by the City of Fort Worth, as recorded in City of
Fon Worth Ordinance 49471, and also being in the approximate centerline of said West Cleburne
Road;
THENCE S 00127'08" E, along the east line of said TESCO tract (Volume 3564, Page 577), along
the west line of said TESCO tract (Volume 3554, Page 613), along the most westerly line of said 79.08
acre tract, and along the approximate centerline of said West Cleburne Road, a distance of 149.74 feet
to a Mag nail found at the southeast comer of said TESCO tract (Volume 3564, Page 577), also being
the southwest corner of said TESCO tract (Volume 3554, Page 613), from which a TESCO monument
found at the most northerly northeast corner of said Tract 2 bears S 88142'06" W, a distance of 25.11
feet;
THENCE S 00027'08" 1, continuing along the most westerly line of said 79.08 acre tract, and along
the approximate center line of said West Cleburne Road, at a distance of 262.66 feet, passing the most
easterly northeast corner of said Tract 2, continuing along the east line of said Tract 2, in all, a distance
of 659.57 feet to the southwest corner of said 79.08 acre tract, and being in the north line of a 52.357
acre tract of land annexed by the City of Fort Worth, as described in City of Fort Worth Ordinance
#9581;
THENCE S 89043'25" W, leaving the approximate centerline of said West CIebume Road and the
most easterly Iine of said Tract 2, continuing along the north line of said 52.357 acre tract, a distance
of 25.90 feet to the northwest corner of said 52.357 acre tract, and being in the west line of said West
Cleburne Road;
THENCE continuing along the west line of said 52.357 acre tract, and along the west line of said West
Cleburne Road, the following courses and distances;
S 00031'55" E, a distance of 326.78 feet;
S 00°33'55" E, at a distance of 103.60 feet, passing a 5f8 inch iron found in the south line of
Tract 2, and being in the north line of Tract 1, in all, a distance of 617.61 feet to a 5/8 inch iron
rod found in the south line of said Tract 1, and being in the north line of a 40.043 acre tract of
Sheet I o173
CSD 23609
0m,ner-Initiated Annexation Scrvicc Agreement 1 I of 12
EXHIBIT A
Continued
land annexed by the City of Fort Worth, as recorded in City of Fort Worth Ordinance #24148-
04-2020;
THENCE S 89008'07" W, leaving the west line of said 52.357 acre tract, continuing along the north
line of said 40.043 acre tract and the south line of said Tract 1, at a distance of 14.80 feet, passing a
518 inch iron rod with cap stamped "LJA Surveying' found at the northeast corner of Lot 2X, Block 4,
Deer Creek, an addition to the City of Fort Worth, Tarrant, County, Texas, recorded in Instrument
#D222058562, Plat Records of Tarrant County, Texas (P.R.T.C.T.), and continuing along the north
line of Blocks 4 & 5 of said Deer Creek, in all, a distance of 1673.28 feet to the southwest comer of
said Tract I, also being the northwest corner of Lot 1 of said Block 5, Deer Creek, and also being in
the east line of a tract of land described in deed to Dependable Builders, LLC, recorded in Instrument
#D221376640, D.R.T.C.T., from which a 518 inch iron rod with cap stamped "WA Surveying" found
bears N 89'08' 11" E, a distance of 0.28 feet;
THENCE N 00000' 16" W. along the west line of said Tracts I & 2, and along the east line of said
Dependable Builders, LLC tract, at a distance of 12.43 feet, passing a 1 inch iron rod found at the
northeast corner of said Dependable Builders, LLC tract, also being the southeast comer of Lot 15,
Block 2, Panther Heights (Phase 2), an addition to the City of Fort Worth, Tarrant County, Texas,
recorded in Cabinet A, Slide 7768, P.R.T.C.T., and also being the southeast comer of said 194.167
acre tract, and continuing along the east line of said 194.167 acre tract, and along the east line of said
Blocks 2 & 3 of said Panther Heights (Phase 2), at a distance of 1455.67 feet, passing a 3/4 inch iron
rod found at the northwest comer of said Tract 2, also being the northeast corner of Lot 13 of said
Block 3, Panther Heights (Phase 2), and also being in the south line of said TESCO tract (Volume
3564, Page 577), continuing over and across said 'I'ESCO tract (Volume 3564, Page 577), in all, a
distance of 1605.70 feet to the north line of said TESCO tract (Volume 3564, Page 577), also being in
the south line of Block 3 of Panther Heights, an addition to the City of Fort Worth, Tarrant County,
Texas, recorded in Cabinet A, Slide 5064, P.R.T.C.T.;
THENCE N 89011'55" E, along the north line of said TESCO tract (Volume 3564, Page 577), and
along the south line of said Block 3, Panther Heights (Cabinet A, Slide 5064), a distance of 168495
feet to the POINT OF BEGINNING and containing 61.754 acres of land.
June 20, 2024
Theron W. Sims, R.P.t..S
Texas Registration No. 58 7
Surveyed on the ground February 8, 2024
'This document was prepared under 22 Texas Administrative Code §138.95, 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 political subdivision for which it was
prepared.'
Sheet 2 of 3
CSD 23609
Owner -Initiated Annexation Service Agreement 12 of 12
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/17/24 M&C FILE NUMBER: M&C 24-0821
LOG NAME: 06AX-24-004, CROWLEY MIDDLE SCHOOL NO. 5, OWNER -INITIATED
SUBJECT
(Future CD 6) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner -
Initiated Annexation of Approximately 61.754 Acres of Land in Tarrant County, Known as Crowley Middle School No. 5, Located South of Rancho
Verde Parkway and West of Cleburne Road, in the Far Southwest Planning Sector, AX-24-004
(PUBLIC HEARING - a. Report of City Staff: Derek Hull; b. Public Comment; c. Council Action: Close Public Hearing and Act on the M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct public hearing for the proposed owner -initiated annexation of approximately 61.754 acres of land in Tarrant County, known as
Crowley Middle School No. 5, located south of Rancho Verde Parkway and west of Cleburne Road as shown on Exhibit A;
2. Authorize execution of Municipal Services Agreement between the City of Fort Worth and property owners, Crowley Independent School
District and Oncor; and
3. Adopt ordinance annexing AX-24-004 for full purposes.
DISCUSSION:
On May 6, 2024, representatives for the property owners, Crowley Independent School District and Oncor, submitted a request for full -purpose
annexation of the property shown on Exhibit A into the City of Fort Worth. The subject property is entirely located in the City's extraterritorial
jurisdiction, which is in Tarrant County. The site is located south of Rancho Verde and west of Cleburne Road. This owner -initiated annexation,
which contains approximately 61.754 acres, is experiencing urban development. The proposed annexation is consistent with the urban
development annexation criteria as established by the City's Annexation Policy. The proposal site is also an enclave and the City and its citizens
would benefit from a logical City limit boundary that provides for the orderly and efficient provision of services. The subject area is currently
agricultural land with some infrastructure. A portion of the property containing 55.651 acres is proposed for educational uses as a middle school.
The proposed zoning for these 55.651 acres is "CF" Community Facilities. The remaining 6.103 acres currently has electric transmission lines
running its length and will default to "AG" Agricultural zoning. The proposed uses are consistent with the future land use map of the 2023
Comprehensive Plan.
On August 14, the related zoning case (ZC-24-078) was heard by the Zoning Commission, and the commission voted to recommend approval of
"CF" Community Facilities zoning to City Council.
Subchapter C-3 of Chapter 43 of the Texas Local Government Code (LGC) provides for the process of annexation of an area upon a request of an
owner of land. Section 43.0672 of the LGC requires a municipality that elects to annex an area upon the request of an owner first negotiate and
enter into a written agreement with the owners of land in the area for the provision of municipal services.
The agreement must include:
1. A list of each service the municipality will provide on the effective date of the annexation, and
2. A schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the
annexation.
The municipal services agreement includes these provisions in accordance with state law.
The proposed uses were considered while assessing the financial impact to the General Fund. A fiscal impact analysis (FIA) was prepared by the
FWLab Planning Division with the assistance of other City Departments. Based on the operating costs projected from the Police, Code
Compliance and Transportation and Public Works Departments, the FWLab FIA has determined that the annexation will have a long-term
negative impact to the General Fund. As a planned public school, there will be no property tax revenue generated from this annexation. The City is
able to provide adequate municipal services upon annexation in accordance with State law, without negatively impacting service provision within
the city. Due to the ability of this enclave area to meet the City's criteria for full -purpose annexation staff recommends approval of the requested
owner -initiated annexation, AX-24-004.
The City Council will conduct a public hearing on the proposed annexation. The public hearing is an opportunity for persons interested in the
annexation to be heard. Once the City Council has conducted the required public hearing, Council may close the hearing and vote on
authorizing the City Manager to execute the Municipal Services Agreement between the City and property owners, Crowley Independent School
District and Oncor and adopt an ordinance annexing AX-24-004 for full purposes.
Upon approval of the annexation request, the propertywill become part of COUNCIL DISTRICT 6.
FISCAL INFORMATION 1 CERTIFICATION:
The Director of Finance certifies that 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 b1L. Dana Burghdoff 8018
Originating Business Unit Head: D.J. Harrell 8032
Additional Information Contact:
Expedited