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HomeMy WebLinkAbout28521-05-2026 - City Council - Ordinance (2)ORDINANCE NO.28521-05-2026 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 52.9720 ACRES, MORE OR LESS, OUT OF LAND SITUATED IN THE JONATHAN BURLESON SURVEY, ABSTRACT NO. 78 AND THE JAMES C. JOHNSON SURVEY, ABSTRACT NO. 871, TARRANT COUNTY, TEXAS, (CASE NO. AX-26-001) 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 Mary's Creek, LLC, the owners, requesting the full -purpose annexation of 52.9720 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 Texas Local Government Code (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, section 43.0672 of the LGC, Mary's Creek, LLC and the City negotiated and entered into a written agreement, City Secretary Contract No. 207 , 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 LGC on May 12, 2026, at 6:00 p.m., at the City Council Chambers; and WHEREAS, the City Council finds and determines that annexation of the Property hereinafter described is in the best interest of the citizens of the City of Fort Worth and the owners and residents of the area. 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 52.9720 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 and depicted on Exhibits A and B attached to and incorporated in this ordinance for all purposes. SECTION 2. 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 3. That the Municipal Services Agreement attached hereto as Exhibit C is approved and incorporated into this ordinance for all purposes. SECTION 4. 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 5. It is hereby declared to be the intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. 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 Annexation Case No. AX-26-001 Ordinance No. 28521-05-2026 such part or parts shall not affect the effectiveness of this ordinance as to the remainder of such area. SECTION 7. This ordinance shall be in full force and effect upon adoption. APPROVED AS TO FOW AND LEGALITY: Melinda Ramos Deputy City Attorney ADOPTED AND EFFECTIVE: May 12, 2026 a . � �,t�,,7� 00 ette S. Goodall ity Secretary Annexation Case No. AX-26-001 Ordinance No. 28521-05-2026 EXHIBIT A LEGAL DESCRIPTION - 52.9720 ACRES BEING a 52.9720 acre (2,307,462 square foot) tract of land situated in the Jonathan Burleson Survey, Abstract No. 78 and the James C. Johnson Survey, Abstract No. 871, Tarrant County, Texas; said tract being part of that certain tract of land described in the General Warranty Deed to 820 Management Trust recorded in Volume 13824, Page 339, Deed Records, Tarrant County, Texas; said tract being more particularly described as follows: BEGINNING at a brass disk with cap stamped "TXDOT" found at the southwest corner of said 820 Management Trust tract, and being in the north right-of-way line of Interstate Highway No. 30 (variable width right-of-way); THENCE North 00°12'34" West, departing said north right-of-way line of Interstate Highway No. 30, and along the west line of said 820 Management Trust tract, a distance of 1,926.37 feet to a 1/2-inch iron rod found for corner at an angle point in the said west line of the 820 Management Trust tract; THENCE South 88°30'41" East, continuing along said west line of the 820 Management Trust tract, a distance of 575.28 feet to a 5/8-inch iron rod found for corner; THENCE South 37°05'59" East, departing said west line of the 820 Management Trust tract, a distance of 1,398.10 feet to a 5/8-inch iron rod found for corner in the east line of said 820 Management Trust tract; THENCE South 07°07'22" East, along said east line of the 820 Management Trust tract, a distance of 852.67 feet to a 1-inch iron rod found for the southeast corner of said 820 Management Trust tract, and being in the said north right-of-way line of Interstate Highway No. 30; THENCE along said north right-of-way line of Interstate Highway No. 30, the following ten (10) calls: North 89°21'54" West, a distance of 68.33 feet to a brass disk stamped "TXDOT" found for corner; North 89°19'26" West, a distance of 64.81 feet to a 5/8-inch iron rod with cap stamped "TXDOT" found for corner; North 87°58'32" West, a distance of 334.24 feet to a point for corner; North 71°23'26" West, a distance of 104.30 feet to a 1-inch iron rod found for corner; Annexation Case No. AX-26-001 Ordinance No. 28521-05-2026 North 88°06'21" West, a distance of 100.34 feet to a 1/2-inch iron rod found for corner; South 86°21'41" West, a distance of 301.36 feet to a point for corner; North 88°32'37" West, a distance of 99.99 feet to a point for corner; North 71 °40'32" West, a distance of 73.22 feet to a 5/8-inch iron rod with cap stamped "TXDOT" found for corner; South 77°54'42" West, a distance of 82.45 feet to a 5/8-inch iron rod with cap stamped "TXDOT" found for corner; North 87°57'39" West, a distance of 300.17 feet to the POINT OF BEGINNING and containing 2,307,462 square feet or 52.9720 acres of land, more or less. Annexation Case No. AX-26-001 Ordinance No. 28521-05-2026 EXHIBIT B / NElT 6a.E 6MFTNiT I unoi4,nac:'" � 58` '3041 E 51521' ' J i j a� HKae.cFsea,swfY r � /OB'MCI 19 �7f — t I dM Mn��`nl MCM! MELL 1 I )�1 I i III i " •I 1 1 I I I I I I \ 'i:M LYNKCIY , v'%tAMY'S1Y LCCA'=0 Sta}U•. FtM=fNtMM# aM�12aLrt EFFECftti O=TE S_�'fENER7t ]5, ^.b(9 ZONEr w PMT cr Ga M/NM7EtBd2 TWW (V% slot aG 3391 :i 52.87i11 ACRES / s � 1 t V p"P SN® �ArOAIED) r t I � .t S• 1 Sp� crt i ,I �i If { ♦ tl I. _L -n,ec:r L,0 l9 \u�.�piiwta 5 _w^• wo c:lecsva� — I 1 ` r � Li Y INTERSTATE HIGHWAY NO. 30— , nMgi woTw M&RLF',eY) „ I C Annexation Case No. AX-26-001 Ordinance No. 28521-05-2026 EXHIBIT C Municipal Services Agreement Annexation Case No. AX-26-001 Ordinance No. 28521-05-2026 UJU INV. OU141— f MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND MARY'S CREEK, LLC This Municipal Services Agreement ("Agreement") is entered into on 12th day of Mav , 2026 by and between the City of Fort Worth, Texas, a home -rule municipality of the State of Texas, ("City") and MARY'S CREEK, 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 52.972 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-26-001 ("Annexation Case"); WHEREAS, City and Owner desire to set out the City services to be provided for the Property on or after the effective date of annexation; WHEREAS, the Annexation Case and execution of this Agreement are subject to approval by the Fort Worth City Council; and NOW THEREFORE, in exchange for the mutual covenants, conditions and promises contained herein, City and Owner agree as follows: 1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the Annexation Case, 2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full, available municipal services to the Property in accordance with state law, which may be accomplished through any means permitted by law. For purposes of this Agreement, "full municipal services" means all services provided by the City within its fiill-purpose boundaries, OFFICIAL RECORD Owner -Initiated Annexation Service Agreement CITY SECRETARY i of l0 FT. WORTH, TX 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. Emeraencv Medical Services - The City's Fire Department and MedStar (or other entity engaged by the City after the Effective Date) will provide emergency medical services. iv. Planning and Zoning — The City's 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 Publiclv Owned Buildings. Residents of the Property will be permitted to use all other publicly owned buildings and facilities where the public is granted access. vii. Stormwater Utility Services — The Property will be included in the City's Stormwater Utility service area and will be assessed a monthly fee based on the amount of impervious surface. The fees will cover the direct and indirect costs of stormwater management services. viii. Roads and Streets (including Street lighting) - The City's Transportation and Public Works Department will maintain the public streets and streetlights over which the City has jurisdiction. The City will provide regulatory signage services in accordance with the City policies and procedures and applicable laws. ix. Water and Wastewater to Existing Structures. Occupied structures that are using water -well and on -site sewer facilities on the Effective Date may continue Owncr-Initiated Anncxation Servicc Agrccmcnt 2 of 10 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. 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 Owner -Initiated Annexation Service Agreement 3 of 10 bargaining power and that each of them was represented by legal counsel in the negotiation and drafting of this Agreement. 8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division and construed in conformity with the provisions of Texas Local Government Code Chapter 43. 9. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that parry's right to insist upon appropriate performance or to assert any such right on any future occasion. 10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 11. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 12. CAPTIONS. The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH THE LAND. This Agreement is binding on and inures to the benefit of the parties, their successors, and assigns. The term of this Agreement constitutes covenants running with the land comprising the Property, is binding on the Owner and the City, and is enforceable by any current or future owner of any portion of the Property. 14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes all prior oral and written agreements between said parties. This Agreement shall not be amended unless executed in writing by both parties. Executed as of the day and year first above written to be effective on the effective date of annexation of the Property. Owner-Initiatcd Annexation Service Agreement 4 of 10 CITY OF FORT WORTH By: `- Name: Jesica L. McEachern Title: Assistant Citv Manaaer Approved as to Form and Legality: By: AUX". Name: Melinda Ramos Title: Deputy Citv Attomev Approval: M&C: 26-0399 Ordinance No. 28521-05-2026 Attest: Jannette S. '9""y s�9o��• mo o S. Goodau 0 Goodall Date: 2026.06.24 12.40.46 o Q a.� • .� By: -05,00, _ Name: Jannette S. Goodall Title: Citv Secretary By: Stephen �ilurr May 14, 2026 15:51.01 CDT) Name: Stephen Murray Title: Contract Compliance Manaeer OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Owner -initiated Annexation Service Agrccmcnl 5 of 10 State of Texas § County of Tarrant § This instrument was acknowledged before me on the 18th day of June 2026, by Jesica L. McEachern, Assistant Citv Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. By: Tiffa f . on Wu M 2026 12 48:28 GDl t Notary Public, State of Texas "'yap TIFFANY BACON a Notary Public + + STATE OF TEXAS �y�oFc Notary I.D. 128261860 My Comm. Exp. Jan. 20, 2027 Owner -Initiated Annexation Service Agreement 6 of 10 MARY'S CRE C By: - -- Name: (�Ardon E. Moore Title: State of Texas § County of Tarrant § This instrument was acknowledged before me on the1.1 day oft-e���, 2026, by Ardon E. Moore, _ on behalf of said Marv's Creek, LLC. Yi, ANGELA CLIFTON Notary Public, State of Texas Notary Public, State of Texas Comm. Expires 06-15-2027 Notary ID 126841364 Owncr-Initiated Annexation Service Agreement 7 of 10 0 EXHIBIT A \ � ssa�el� s/s.za• � \\ �-•gp"0:.arj'', �. f: � ,• ` �.�lMM�lV�i i�A'-1 a:t._lr tUGT.'1•' I`4f •l9tJ t., 4tN.^YN+N VM' � \\ tNa!'.A�t � 1 fig OAIk S_"Ikai-W a,,Nyo \\ ^ I �\ 1 r•Na' aN ( !�J,. T VN a� 1B.i 3w ) IwL 1!Ol rq �I / 1 ; 1 1 I 1 ) I $�a ,a 52,9720 ACRES 2,307.462 ^aa. FT. 1 l`� � v.4rAraP�ur. /✓� � ! rv�. •zax so.� .. f/ N ..v .w.. •.- �;VLN��ta'�•1 A _. ._ a -.. _ a _ -.. > _ _ � .- .. r _ 1 1 .• t 1�} {r9 u li �assu � a II,I� 'S. i, rti,•oa.nlrua t� ,� 1* �rrr••an , . it I t tt At ,be te•.•n oc�z..^n r I •-.r en ttw�•"+' w.rwwa. '27 Itl t'j rrrn�,rr..wr4i I ! I,A.,. � " rar vsa .' _nit: — — ,u %-..T Ltp t•9 ,... �. _ _, LT,.0 Lt CM'INR;wI• • 1 Ia �." . Ya]4!; P.O.B. — INTERSTATE HIGHWAY NO. 30 e lax'tIILL='Nun. rWla:l„arl +xv,�rw�+xEs� JJa lN:.M• �•. —M - owner-Initiatcd Annexation Service Agrmment I 8of10 EXHIBIT A Continued LEGAL DESCRIPTION — 52.9720 ACRES BEING a 52.9720 acre (2,307,462 square foot) tract of land situated in the Jonathan Burleson Survey, Abstract No. 78 and the James C. Johnson Survey, Abstract No. 871, Tarrant County, Texas; said tract being part of that certain tract of land described in the General Warranty Deed to 820 Management Trust recorded in Volume 13824, Page 339, Deed Records, Tarrant County, Texas; said tract being more particularly described as follows: BEGINNING at a brass disk with cap stamped "TXDOT" found at the southwest corner of said 820 Management Trust tract, and being in the north right-of-way line of Interstate Highway No. 30 (variable width right-of-way); THENCE North 00'12'34" West, departing said north right-of-way line of Interstate Highway No. 30, and along the west line of said 820 Management Trust tract, a distance of 1,926.37 feet to a 1/2-inch iron rod found for corner at an angle point in the said west line of the 820 Management Trust tract; THENCE South 88'3941" East, continuing along said west line of the 820 Management Trust tract, a distance of 575.28 feet to a 5/8-inch iron rod found for comer; THENCE South 37'05'59" East, departing said west line of the 820 Management Trust tract, a distance of 1,398.10 feet to a 5/8-inch iron rod found for comer in the east line of said 820 Management Trust tract; THENCE South 07'07'22" East, along said east line of the 820 Management Trust tract, a distance of 852.67 feet to a 1-inch iron rod found for the southeast corner of said 820 Management Trust tract, and being in the said north right-of-way line of Interstate Highway No. 30; THENCE along said north right-of-way line of Interstate Highway No. 30, the following ten (10) calls: North 89'21'54" West, a distance of 68.33 feet to a brass disk stamped "TXDOT" found for corner; North 89'1 V26" West, a distance of 64.81 feet to a 5/8-inch iron rod with cap stamped "TXDOT" found for corner: North 87'58'32" West, a distance of 334.24 feet to a point for corner; North 71'23'26" West, a distance of 104.30 feet to a 1-inch iron rod found for corner; North 88'0621" West, a distance of 100.34 feet to a 1/2-inch iron rod found for comer; South 86'21'41" West, a distance of 301.36 feet to a point for corner; North 88'32'37" West, a distance of 99.99 feet to a point for corner; North 71'40'32" West, a distance of 73.22 feet to a 5/8-inch iron rod with cap starred "TXDOT" found for comer: KAFIW_Sunay%0&W4600-63 Acres Marys CreeklSurvey%Legal Oescriptgnsta20 Management Trust DescripWn - 52.9720 Acresxl= Owncr-Initiatcd Anwxation Servicc Agrectncnt 9 of 10 EXHIBIT A Continued South 77°5442" West, a distance of 82.45 feet to a 5/8-inch iron rod with cap stamped "TXDOT' found for comer; North 87°57'39" West, a distance of 300.17 feet to the POINT OF BEGINNING and containing 2,307,462 square feet or 52.9720 acres of land, more or less. OF T �QTs7eRF yf W ;tP Michael C. i3ilWVWoy Registered Professional Land Surveyor No. 6558 .........»........."»...,...». MICHAELCLEOMLLINGSLEI Kimley-Horn and Associates, Inc. »�,.6 6558 » ����� CherryUnit 1, Suite 1300 gfsaj Fort Worth,TGQ` Texas 6102t, Ph. 817-335-6511 michael.billingsley@kimley-hom.com K:WTW_S1jrvWAW0074600-63 Acres Marys CreeMSurmy%Lept Deserlptlons%820 Management Trust Description - 52.9720 Aeres.Aa= Owner -Initiated Annexation Service Agreement 10 of 10 City of Fort Worth, Texas Mayor and Council Communication DATE: 05/12/26 M&C FILE NUMBER: M&C 26-0399 LOG NAME: 06AX-26-001 MARY'S CREEK PARCEL 01 SUBJECT (Future CD 7) Conduct Public Hearing, Authorize Execution of a Municipal Services Agreement with Mary's Creek, LLC and Consider Adopting an Ordinance for the Proposed Owner -Initiated Annexation of Approximately 52.972 Acres of Land in Tarrant County, Known as Mary's Creek Parcel 01, North of Interstate Highway 30, South of Chapin Road, and East of Walsh Ranch Parkway, in the Far West Planning Sector, AX-26-001 (PUBLIC HEARING - a. Staff Available for Questions: Stephen Murray b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing for the proposed owner -initiated annexation of approximately 52.972 acres of land, in Tarrant County, known as Mary's Creek Parcel 01, located north of Interstate Highway 30, south of Chapin Road, and east of Walsh Ranch Parkway, as shown on Exhibit A; 2. Authorize execution of a Municipal Services Agreement between the City of Fort Worth and property owner, Mary's Creek, LLC; and 3. Adopt an ordinance annexing AX-26-001 for full purposes. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to conduct a public hearing for the proposed owner -initiated annexation of approximately 52.972 acres of land in Tarrant County, known as Mary's Creek Parcel 01 and located north of Interstate Highway 30, south of Chapin Road, and east of Walsh Ranch Parkway, as shown on Exhibit A, to authorize the execution of a Municipal Services Agreement between the City of Fort Worth and the property owner, Mary's Creek, LLC and to adopt an ordinance annexing AX-26-001 for full purposes. On February 20, 2020, representatives for the property owner for Mary's Creek, LLC., submitted a request for full -purpose annexation of the property shown on Exhibit A into the City of Fort Worth (City). The owner -initiated annexation is consistent with the urban development annexation criteria as established by the City's Annexation Policy. The subject area is currently agricultural and vacant land. The property owner proposes the land use for the site to be developed for industrial types uses. The future land use map in the 2023 Comprehensive Plan designates the property as "Single -Family Residential". Per Subdivision Ordinance, Section 31-2(b)(1), the City Plan Commission is required to study and make a recommendation on proposals for voluntary annexations that are inconsistent with the Comprehensive Plan. On March 12, 2026, the City Plan Commission voted unanimously to recommend changing the future land use designation from "Single -Family Residential" to "Light Industrial" to be consistent with the proposed use. On April 8, 2026, the related zoning case (ZC-26-012) was heard by the Zoning Commission, and the commission voted to recommend approval of the requested Light Industrial (1) zoning to the City Council. This related zoning case requesting "I" Light Industrial as the base zoning district for the property is also on the May 12, 2026, City Council agenda for consideration. The site is currently in the City's Certificate of Convenience and Necessity (CCN). This site is included in the City's 20-year Planned Service Area. Subchapter C-3 of Chapter 43 of the Texas Local Government Code (LGC) provides for the process of annexation of an area upon the 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. Emergency services will be provided through the City of Fort Worth. 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. The City will also provide operation and maintenance of water and wastewater facilities; roads and streets, including road and street lighting; and of any other publicly owned facility, building, or service in the annexed area. The proposed uses were considered while assessing the financial impact on the General Fund. The city tax revenue is expected to have a positive fiscal imoact over the next 10 vears after the or000sed development has been built. Based on the ooeratina costs Droiected by the Police. Code Compliance and Transportation and Public Works Departments, the fiscal impact shows that the City is expected to make a return on public investment by the first year and a positive impact will continue thereafter. Based on the projected positive fiscal impact of the proposed annexation ,and its alignment with departmental goals, City staff recommend that Mary's Creek Parcel 01 (AX-26-001) be considered for annexation at this time. Section 43.0673 in Subchapter C-3 of Chapter 43 of the Texas Local Government Code (LGC), requires a municipality that elects to annex an area upon the request of an owner to provide notice of public hearings on the proposed annexation. Notice was posted on the City of Fort Worth Annexation webpage on Wednesday, April 29, 2026, and was published in the Fort Worth Star -Telegram on Friday, May 1, 2026. Additional notices were sent certified mail to public entities to include Tarrant County Appraisal Districts, Emergency Services District No. 1, Tarrant County Administrator, Fort Worth Independent School District and public utilities. The City Council will conduct a public hearing on the proposed annexation. The public hearing provides for persons interested in the annexation the opportunity to be heard. After the City Council has conducted the one required public hearing, the Council may dose the hearing and vote on authorizing the City Manager to execute the Municipal Services Agreement between the City and property owner and to adopt an ordinance annexing this property. Upon approval of the annexation request, the property will become part of COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached ordinance, the annexation will have a long-term positive impact on the General Fund. Submitted for City Manager's Office bV� Jesica McEachem 5804 Originating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Stephen Murray 6226 Leo Valencia 2497 Expedited 1 Annexation Request: Owner -Initiated Case #: AX-26-001 Name: Mary's Creek Parcel 01 Size: 52.97 Acres Staff Report on Fiscal Sustainability Impact Prepared for City Council by the Planning Division - City Manager's Office L Fort Worth r4 i WeWEwy= M N FEMA Floodplain (100yr) AX-26-001 0 Annexation Boundary 0 0.020.04 0.09 Miles Planned Service Area Marys Creek Parcel 01 z EXISTING CONDITIONS Property Description Approximately 52.97 acres of land located along Interstate 20 and west of Interstate 820 Request Type Annexation - Full Purpose. Council District 3 Comprehensive Plan's Future Land Use The adopted 2023 Comprehensive Plan's Future Land Use designation is Single -Family Residential Floodplain No Proposed Zoning Light Industrial Existing Land Use Vacant Included in Planned Service Area FM 3325/Walsh Ranch Enclave No Planning Sector Far West Right -of -Way (ROW) No Concept Plan Provided Yes Preliminary Plat Provided No Final Plat Provided No Independent School District (ISD) Aledo ISD 3 FISCAL IMPACT ANALYSIS HIGHLIGHTS This Fiscal Sustainability Impact Analysis is based on the concept plan and data provided by the applicant at the time of filing. Projections are estimates intended for planning purposes and are subject to change based on final platting, actual build -out density, and fluctuating market conditions. Overview of Expenditures: The table below illustrates the City's projected cumulative expenditures in this annexation area over a 40-year timeframe, should the City choose to approve this annexation request. with the analysis incorporates costs related to capital improvements, ongoing operations, and maintenance. Highlighted major costs to consider for this annexation include: - Maintenance & Buildout of 38 drain inlets and 9,658 linear feet of stormwater pipelines. Program Area Year 1 Year 5 Year 10 Year 20 Year 40 Water $11,725 $64,117 $138,446 $336,231 $922,325 Stormwater $10,907 $102,200 $218,145 $491,269 $1,202,406 Roadways N/A N/A N/A N/A N/A Parks & Recreation $16,496 $37,287 $186,586 $421,220 $1,034,633 Police $24,259 $121,293 $242,587 $485,175 $970,350 Code Compliance $87 $470 $1,041 $2,583 $8,242 Animal Control $2,504 $13,560 $30,058 $74,550 $237,899 Administrative $59,197 $313,227 $669,560 $1,511,539 $3,712,755 • $125,175 $652,154 $1,486,423 $3,322,567 $8,088,610 Overview of Revenue: The table below illustrates the City's projected cumulative revenue that will be gained from this annexation area over a 40-year timeframe, should the City choose to approve this annexation request. Highlighted major revenue streams to consider for this annexation include: - Construction of $155,076,764 in taxable property values. - Construction of 100% Industrial development. Program Area Year 1 Water $156,384.34 Stormwater $88,330.34 Proprietary/Enterprise $244 714 Fund Total Property Tax $1,039,014 Governmental/General $1,039,014 F Fund Total • $1,283,728 Year 5 Year 10 $683,478.57 $1,401,821.42 $441,651.72 $883,303.45 $1,125,130 $2,285,124 $5,516,268 $11,911,135 $5,516,268 $11,911,135 $6,641,398 $14,196,259 Year 20 Year 40 $2,950,304.37 $6,550,236.37 $1,766,606.89 $3,533,213.79 $4,716,911 $27,918,704 $27,918,704 $32,635,615 $10,083,450 $78,342,989 $78,342,989 $88,426,439 4 COMPREHENSIVE PLAN CONSISTENCY Comprehensive Plan Alignment: The annexation aligns with the following Comprehensive Plan policies: 1. Promote fiscally sustainable growth on the periphery of the city by encouraging development adjacent to existing adequate infrastructure and discouraging leapfrog development. 2. Ensure that land use changes do not adversely affect the integrity of established neighborhoods through appropriate buffering and transitions. 3. Locate large industrial uses along freight rail lines, highways, or airports within industrial growth centers and other appropriate locations. 4. Diversify the City's tax base by encouraging the development of industrial, commercial, and office uses that provide high -quality jobs. Land Use Recommendation: The adopted 2023 Comprehensive Plan Future Land Use (FLU) Map designates the 52.97-acre annexation area as Single -Family Residential. Based on the concept plan provided, the Future Land Use Map is proposed for an amendment to change the Future Land Use designation for the property from Single -Family Residential to Light Industrial. While the proposal entails a significant change in Future Lland Use designation, the location of the annexation area - between the Westside Landfill and a G-zoned property along 1-30 - suggests that future residential development within the annexation boundary is no longer compatible with existing and future adjacent land uses. Both the current FLU Map and the recommended FLU Amendment Map are shown below. City staff support this Future Land Use Map amendment if the annexation is approved. died Future Land Use Recommended Future Land Use -1 Single -Family Residential L_-j Light Industrial City Plan Commission (CPC) Recommendation: The CPC has reviewed this annexation request and made the following recommendation: 5 Approval to City Council for the Mary's Creek Parcel 01 annexation application (AX-26-001), which is inconsistent with the adopted Comprehensive Plan. FIRE DEPARTMENT The following table outlines the estimated response times for nearby fire stations to reach the center of the proposed annexation area, should an emergency occur. Fire Companies Fire Station 111 Company Due Fire Station 43 2nd Company Due Fire Station 32 3rd Company Due Fire Station 23 41 Company Due Fire Station 16 Closest Aerial Truck Fire Station 26 Estimated Response Time 4:19 5:00 5:41 8:11 7:52 The responding fire stations within proximity to the proposed annexation are shown on the map below. � Sansom '"%row Park Y ; River O / 32 Westworth Set lefinent te Village ww /J 23 16 30 0 1.5 3` Miles% ` Fire Department Response Time Comments: Fire Planning: Access is acceptable. Additional hydrants required and likely public access easements. An abandoned gas well pad site exists within the project area. SUMMARY AND OVERALL RECOMMENDATION Summary of Total Fiscal Impact: The table below illustrates the City's projected cumulative cost/revenue which will be generated in this area over a 40-year timeframe, should the City choose to approve this annexation request. As the table highlights, the City is expected to experience a positive return on public investment by year 1. Program Area Year 1 Year 5 Total Expenditures $i,-:,,175 $652,154 Total Revenue $1,283,728 $6,641,398 ° - $1,158,553 $5,989,244 Program Area Recommendations: ` Program Area ! Recommendation Water I Approve Stormwater Roadways Parks & Recreation CMO Planning Division Police Code Compliance Animal Control Fire Green Space - CMO Environmental Quality Approve Approve Approve Approve Approve Approve Approve Approve Approve Approve Year 10 Year 20 I Year 40 $1,486,423 $3,322,567 $8,088,610 $14,196,259 $32,635,615 $88,426,439 $12,709,836 $29,313,048 $80,337,829 Condition Without conditions Without conditions Without conditions Without conditions With amendments to the FLU Map Without conditions Without conditions Without conditions Without conditions Without conditions Without conditions Overall Recommendation: Based on the projected positive fiscal impact of the proposed annexation and its alignment with departmental goals, City staff recommend that Mary's Creek Parcel 01 (AX-26-001) be considered for annexation at this time. Furthermore, staff recommend that the above amendments be adopted to the Comprehensive Plan's Future Land Use Map. Mary's Creek Parcel 01 �z MEADOW/< i FORT WORTH 7�- -HERFORD i CHAPIN Fort Worth Full Purpose Extraterritorial Jurisdiction L County Boundaries ® Limited Purpose - Subject Property 0 Adjacent Cities Development Services January 2026 OLD WEATHERFORD;, w 1 W aQ r�-1 anr-.I AIr-t+T, 2. A.' 0 1,000 2,000Feet I I i City of Fort Worth, Texas Mayor and Council Communication DATE: 05/12/26 M&C FILE NUMBER: M&C 26-0399 LOG NAME: 06AX-26-001 MARY'S CREEK PARCEL 01 SUBJECT (Future CD 7) Conduct Public Hearing, Authorize Execution of a Municipal Services Agreement with Mary's Creek, LLC and Consider Adopting an Ordinance for the Proposed Owner -Initiated Annexation of Approximately 52.972 Acres of Land in Tarrant County, Known as Mary's Creek Parcel 01, North of Interstate Highway 30, South of Chapin Road, and East of Walsh Ranch Parkway, in the Far West Planning Sector, AX-26-001 (PUBLIC HEARING - a. Staff Available for Questions: Stephen Murray b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing for the proposed owner -initiated annexation of approximately 52.972 acres of land, in Tarrant County, known as Mary's Creek Parcel 01, located north of Interstate Highway 30, south of Chapin Road, and east of Walsh Ranch Parkway, as shown on Exhibit A; 2. Authorize execution of a Municipal Services Agreement between the City of Fort Worth and property owner, Mary's Creek, LLC; and 3. Adopt an ordinance annexing AX-26-001 for full purposes. DISCUSSION The purpose of this Mayor and Council Communication (M&C) is to conduct a public hearing for the proposed owner -initiated annexation of approximately 52.972 acres of land in Tarrant County, known as Mary's Creek Parcel 01 and located north of Interstate Highway 30, south of Chapin Road, and east of Walsh Ranch Parkway, as shown on Exhibit A, to authorize the execution of a Municipal Services Agreement between the City of Fort Worth and the property owner, Mary's Creek, LLC and to adopt an ordinance annexing AX-26-001 for full purposes. On February 20, 2020, representatives for the property ownerfor Mary's Creek, LLC., submitted a request for full -purpose annexation of the property shown on Exhibit A into the City of Fort Worth (City). The owner -initiated annexation is consistent with the urban development annexation criteria as established by the City's Annexation Policy. The subject area is currently agricultural and vacant land. The property owner proposes the land use for the site to be developed for industrial types uses. The future land use map in the 2023 Comprehensive Plan designates the property as "Single -Family Residential". Per Subdivision Ordinance, Section 31-2(b)(1), the City Plan Commission is required to study and make a recommendation on proposals for voluntary annexations that are inconsistent with the Comprehensive Plan. On March 12, 2026, the City Plan Commission voted unanimously to recommend changing the future land use designation from "Single -Family Residential" to "Light Industrial" to be consistent with the proposed use. On April 8, 2026, the related zoning case (ZC-26-012) was heard by the Zoning Commission, and the commission voted to recommend approval of the requested Light Industrial (1) zoning to the City Council. This related zoning case requesting "I" Light Industrial as the base zoning district for the property is also on the May 12, 2026, City Council agenda for consideration. The site is currently in the City's Certificate of Convenience and Necessity (CCN). This site is included in the City's 20-year Planned Service Area. Subchapter C-3 of Chapter 43 of the Texas Local Government Code (LGC) provides for the process of annexation of an area upon the 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. Emergency services will be provided through the City of Fort Worth. 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. The City will also provide operation and maintenance of water and wastewater facilities; roads and streets, including road and street lighting; and of any other publicly owned facility, building, or service in the annexed area. The proposed uses were considered while assessing the financial impact on the General Fund. The city tax revenue is expected to have a positive fiscal impact over the next 10 vears after the or000sed development has been built. Based on the operating costs nroiected by the Police. Code Compliance and Transportation and Public Works Departments, the fiscal impact shows that the City is expected to make a return on public investment by the first year and a positive impact will continue thereafter. Based on the projected positive fiscal impact of the proposed annexation and its alignment with departmental goals, City staff recommend that Mary's Creek Parcel 01 (AX-26-001) be considered for annexation at this time. Section 43.0673 in Subchapter C-3 of Chapter 43 of the Texas Local Government Code (LGC), requires a municipality that elects to annex an area upon the request of an owner to provide notice of public hearings on the proposed annexation. Notice was posted on the City of Fort Worth Annexation webpage on Wednesday, April 29, 2026, and was published in the Fort Worth Star -Telegram on Friday, May 1, 2026. Additional notices were sent certified mail to public entities to include Tarrant County Appraisal Districts, Emergency Services District No. 1, Tarrant County Administrator, Fort Worth Independent School District and public utilities. The City Council will conduct a public hearing on the proposed annexation. The public hearing provides for persons interested in the annexation the opportunity to be heard. After the City Council has conducted the one required public hearing, the Council may close the hearing and vote on authorizing the City Manager to execute the Municipal Services Agreement between the City and property owner and to adopt an ordinance annexing this property. Upon approval of the annexation request, the property will become part of COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached ordinance, the annexation will have a long-term positive impact on the General Fund. Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804 Oriainatina Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Stephen Murray 6226 Leo Valencia 2497 Expedited