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27179-09-2024 - City Council - Ordinance (2)
ORDINANCE NO. 27179-09-2024 AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH; PROVIDING FOR FULL -PURPOSE ANNEXATION OF A CERTAIN 4.039 ACRES, MORE OR LESS, OUT OF LAND SITUATED IN THE P. M. SMITH SURVEY, ABSTRACT NO. 1170, DENTON COUNTY, TEXAS, AS CONVEYED TO CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST LATTER-DAY SAINTS, A UTAH CORPORATION SOLE (CHURCH), IN THE DEED RECORDED IN COUNTY CLERK'S FILE NUMBER (CC#) CC# 2019-1360, DEED RECORDS, DENTON COUNTY, TEXAS (DRDCT) AND A PORTION OF A TRACT OF LAND DESCRIBED AND APPROXIMATELY 1.912 ACRES OF LAND MORE OR LESS OF RIGHTS -OF -WAY OUT OF THE P. M. SMITH SURVEY, ABSTRACT No. 1170, AND THE R MATANY SURVEY, ABSTRACT No. 878, BOTH IN DENTON COUNTY, TEXAS, AS CONVEYED TO THE STATE OF TEXAS, IN THE DEED RECORDED UNDER COUNTY CLERK'S DOCUMENT No. (CC#) 2014-102745, DEED RECORDS, DENTON COUNTY, TEXAS (DRDCT), AND A PORTION OF A TRACT OF LAND CONVEYED TO THE STATE OF TEXAS, IN THE DEED RECORDED UNDER VOLUME 279, PAGE 205, DRDCT, (CASE NO. AX -24-007) WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT WORTH, TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR SEVERABILITY; AND NAMING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth has received a petition in writing from The Church of Jesus Christ of Latter -Day Saints, a Utah Corporation Sole, the owner, requesting the full -purpose annexation of 4.039 acres of land as described in Section 1, below (the "Property"); and WHEREAS, the hereinafter described Property is in the City's exclusive extraterritorial jurisdiction and is adjacent to and adjoins the City; and WHEREAS, Subchapter C-3 of the LGC permits the City to annex an area if each owner of land in an area requests the annexation; and WHEREAS, in accordance with Subchapter C-3 of Chapter 43 of the Texas Local Government Code, the City section 43.0672 of the Texas Local Government Code, The Church of Jesus Christ of Latter -Day Saints, A Utah Corporation Sole and the City negotiated and entered into a written agreement, City Secretary Contract No. 62015 , for the provisions of municipal services in the area; and WHEREAS, the Property abuts 1.912 acres of county roads and rights -of -way; and WHEREAS, the City conducted one public hearing at which members of the public who wished to present testimony or evidence regarding the Municipal Service Agreement and Full -Purpose Annexation were given the opportunity to do so, in accordance with the procedural requirements of Section 43.0673 of the Local Government Code on. September 17, 2024 at 6:00 p.m., at the City Council Chamber; and square footage in the descriptions WHEREAS, the City Council finds and determines that annexation of the Property hereinafter described is in the best interest of the citizens of the City of Fort Worth and the owners and residents of the area. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That all portions of the Property, comprising approximately 4.039 acres of land, are hereby annexed to the City of Fort Worth as a part of the city for all municipal purposes, and the city 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 ALL THAT CERTAIN LOT, TRACT, OR PARCEL OF LAND SITUATED IN THE P. M. SMITH SURVEY, ABSTRACT No. 1170, DENTON COUNTY, TEXAS, AS CONVEYED TO CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST LATTER-DAY SAINTS, A UTAH CORPORATION SOLE (CHURCH), IN THE DEED RECORDED IN COUNTY CLERK'S FILE NUMBER (CC#) CC # 2019-1360, DEED RECORDS, DENTON COUNTY, TEXAS (DRDCT), SAID PORTION BEING MORE PARTICULARLY DESCRIBED, BY METES AND BOUNDS, AS FOLLOWS: BEGINNING AT A TEXAS DEPARTMENT OF TRANSPORTATION MONUMENT FOUND FOR THE SOUTHWEST CORNER OF A TRACT OF LAND CONVEYED TO THE STATE OF TEXAS IN COUNTY CLERK'S DOCUMENT No. 2014-I02745, DRDCT AND IN THE NORTH LINE OF A TRACT OF LAND CONVEYED TO JAMES M. JUDGE IN THE DEED RECORDED IN CC# 2006-125096, DRDCT, SAID MONUMENT ALSO BEING ON THE WESTERLY RIGHT OF WAY (ROW) LINE OF FARM TO MARKET HIGHWAY No. (FM) 156, A VARIABLE WIDTH ROW, COMMONLY KNOWN AS BLUE MOUND DRIVE; Annexation —AX-24-007 Ordinance No. 27179-09-2024 THENCE NORTH 89°46'25" WEST DEPARTING SAID ROW AND WITH THE NORTH LINE OF SAID JUDGE TRACT A DISTANCE OF 511.87 FEET TO A METAL DISK MONUMENT FOUND FOR THE COMMON WESTERLY CORNER BETWEEN SAID JUDGE TRACT AND SAID CHURCH TRACT, SAID MONUMENT ALSO BEING IN THE EAST LINE OF A TRACT OF LAND CONVEYED TO OPL REAL ESTATE, LTD., IN CC# 2007-55420, DRDCT; THENCE NORTH 12°38'29" EAST WITH SAID EAST LINE, A DISTANCE OF 144.00 FEET TO A 1/2 INCH IRON ROD FOUND WITH A PLASTIC CAP STAMPED, "BSLS 10194160", FOR CORNER FROM WHICH A 5/8 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF A TRACT OF LAND CONVEYED TO OMAS LEWAYNE PETERSON IN THE DEED RECORDED IN VOLUME 598, PAGE 565, DRDCT, BEARS NORTH 12°38'29" EAST 253.60 FEET; THENCE NORTH 88°21'21" EAST DEPARTING SAID EAST LINE, A, DISTANCE OF 123.30 FEET TO A 1/2 INCH IRON ROD FOUND WITH A PLASTIC CAP STAMPED, "BSLS 10194160", FOR CORNER; THENCE NORTH 02°30' 15" WEST A DISTANCE OF 243.73 FEET TO A 1/2 INCH IRON ROD FOUND WITH A PLASTIC CAP FOR CORNER, SAID IRON ROD BEING IN THE SOUTHERLY ROW LINE OF TEXAN DRIVE, A VARIABLE WIDTH ROW, AND THE COMMON LINE BETWEEN SAID SMITH SURVEY AND THE H. C. & W. T. SLOAN SURVEY, ABSTRACT No. 1533, DENTON COUNTY, TEXAS, FROM WHICH A 5/8 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID PETERSON TRACT BEARS NORTH 89°34'46" WEST 57.10 FEET; THENCE SOUTH 89°34'46" EAST WITH SAID COMMON SURVEY LINE AND SOUTHERLY ROW LINE, A DISTANCE OF 428.87 FEET TO A POINT IN A METAL TRANSMISSION POLE FOUND FOR THE NORTHWEST CORNER OF THE AFOREMENTIONED STATE OF TEXAS TRACT, THE NORTHEAST CORNER OF SAID CHURCH TRACT, AND BEING IN THE WESTERLY ROW LINE OF THE AFOREMENTIONED FM 156 FROM WHICH THE COMMON EASTERLY CORNER BETWEEN SAID SURVEYS BEARS SOUTH 89°34'46" EAST 80.5 FEET; THENCE SOUTH 08°28'32" EAST WITH SAID ROW LINE, A DISTANCE OF 79.09 FEET TO A 1/2 INCH IRON ROD FOUND WITH A PLASTIC CAP FOR MOST EASTERLY NORTHEAST CORNER OF SAID CHURCH TRACT; THENCE SOUTH 13°17'07" WEST CONTINUING WITH SAID ROW LINE, A DISTANCE OF 316.67 FEET TO THE POINT OF BEGINNING, AND CONTAINING 4.039 ACRES OF LAND, MORE OR LESS. Annexation —AX-24-007 Ordinance No. 27179-09-2024 SECTION 2. -C" The above described territory is shown on Map Exhibit "A" attached hereto and expressly incorporated herein by reference for the purpose of depicting the location of the hereinabove described territory. SECTION 3. That all portions of the roads and rights -of -way, comprising approximately 1.912 acres of land, are hereby annexed to the City of Fort Worth as a part of the city for all municipal purposes, and the city limits are extended to include such roads and rights -of - way being all that certain land particularly described below and depicted as on Exhibits "B" and "C" attached to and incorporated in this ordinance for all purposes. SECTION 4. That the above described territory hereby annexed shall be part of the City of Fort Worth, Texas, and the property so added hereby shall bear its pro rata part of the taxes levied by the City of Fort Worth, Texas, and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens in accordance with the Municipal Services Agreement and shall be bound by the acts, ordinances, resolutions and regulations of the City of Fort Worth, Texas. SECTION 5. That the Municipal Services Agreement attached hereto as Exhibit "D" is approved and incorporated into this ordinance for all purposes. SECTION 6. CUMULATIVE CLAUSE This ordinance amends every prior ordinance in conflict herewith, but as to all other ordinances or sections of ordinances not in direct conflict, this ordinance shall be, and the same is hereby made cumulative. SECTION 7. SEVERABILITY LAUSE It is hereby declared to be the intent of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional phrase, clause, sentence, paragraph or section. Annexation —AX-24-007 Ordinance No. 27179-09-2024 SECTION S. SAVING CLAUSE The City Council hereby declares it to be its purpose to annex to the City of Fort Worth every part of the area described in Section 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 9. EFFECTIVE DATE This ordinance shall be in full force and effect upon adoption. APPROVED AS TO FORM AND LEGALITY: d I:iikA/ Melinda Pamos Deputy City Attorney AILQ ?an4nette S. Goodall y Secretary ��.;z antrar ADOPTED AND EFFECTIVE: September 17, 2024 Annexation —AX-24-007 Ordinance No. 27179-09-2024 AX -24-007 Approximately 5.951 Acres Adjacent Council District 10 I k Wise De --- 1 } ( C f 170,' �Aa T/r'i ar �w L y, r_ -r - __ - /] :_)j1 Exhibit A fJMPJACK^ "' �' song tNDlAN HEAD_ ' . F- 11" RED DRAW L.1 1. r ,.t .e J d. 'I,7JILCLAY CRL=PK+� J JII I•: '' ' * 8OO7 JACK , Y ' /{♦ ♦ r•/2] , O4 I :� '• � ' *r.. � a'Y^, Fn 0 Sao 600 Feet Fort Worth I I Pl.annin4, &Develaprnent Dearr,eni DESIGNATION D5/3D/2D24 1:6,000 Full Purpose i County Boundaries Limited Purpose Adjacent Cities COPYRIGHT 2024 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A LLt� (3 VIOLATION OF APPLICABLE LAWS, THIS DATA IS TO BE USED FOR A GRAPHICAL REPRESENTATION ONLY. THE ACCURACY IS NOT TO BE TAKEN I USED AS DATA Extraterritorial Jurisdiction © Subject Property 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 EXHIBIT A Oar : r= 1ya Graphic Stele in Feet -LEGEND- IRE IRON ROD FOI.ND CC/ COUNTY CLEWS FILE No. 7A O IRS IRONROUSET PRTCT PLAT RECORDS, �a °' IPF IRON PIPE FOUND TARRANT COUNTY, TEXAS 9; }p DRTCT DEED REC.'ORDS, tiIu !�'Z g+'Q * SSS ROW RJGKr.OF-WAY TARRANTCOUNTY,TEXAS 9^ '� 4 - ff VOL. VOLUME I ACCORDING TO RECORD . PG. PAGE 8'FSTRLALENT 1 ... NORTHWEST I1C! LOT 1R BLOCK 1 VOLT67PG f e � :' .7 /.ffCC82I -IS PPROLT J . .. U ffi DRocT urSF� oea enau —thDRIVE— sv ROSIDSO,CA1P8 LL I C11B. F, PC.121. PROCT WVTH RC" r V. U PG. iff, PROOT �1" 4288T ..-�. � '111NL'1... Sag"344&-s1e ,.... al / I . . . .1a4. I rar - t N V1 1YYR 1OY.EN m 4p3GACRE9OF art, O PRIVATELY OWNED PROPERTY. 1"7 O'4// p123 . �. .r AUTAHCORPORATICNSQQOCE � W� JAMES M JJO s ©E f � � Gp SW&1]WVE S!� DRUM 14 e( BASIS -OF -BEARINGS: �QQQTTT gy 04 i9EARINOS ARE BASED ON NAP 83 GRID. !i' ` f 11 TEKAS STATE PLANE COORDNATE SYSTEM fTT g (1 NORTH CENTRALZDRE- , N_ .C . CITY OF FORT WORTH SHEET ND. Barton Surveying & 24031 AEX ANNEXATION EXHIBIT OF 4.039 ACRES Laser Scanning, LLC. rA-- 01l,�GI 'aQ4 OF PRIVATELY OWNED PROPERTY 1 J 7,2! Fermwldbwn Laaw WAle1"-150P. M. SMITH SURVEY,ABST. No. 1170 04 FerluYoHte. TX 76123 ccwt V a pacm WB I DENTON COUNTY, TEXAS c n s9z.sar oo9s FIRM No :101W 1@0 Annexation - AX -24-007 Ordinance No. 27179-09-2024 Exhibit B FM HWY 156 N Original Scale: 1'= 150' 4 7s 1;m Gtip�hlc SaVe In Feet - LEGEND - IRF IRON ROD FOL P O CC9 COUNTY CLERKS ALE No. IRS IRON ROD SET PRTCT PLAT RECORDS, IPF IRON APE FOUND TARRANT COUNTY, TEXAS 3 ROW RIGKT-0Fa'vAY DRTCT DEED RECORDS. TARRANT COUNTY, TEXAS -n R VOL. VOL I.ME { J ACCOPEXNG TO RECORD PG. PAGE INSTRLRENT ¢" ra e n NORTHWEST ISD LOTTO RLOCKI 5 \\ VOL 1947 FG. S9S NnKrHV,'C T ISD AOO DR= t COi 70t!-1'so. PROCi $a GVION Ex'ADRIVE-faSOW Of17iGR1ON COO. F PG 'Dl. PRGCT�VANLAeLE WVTH RCP.A CM. U PG 1N, PKDC • rFDA/WCE b I3. ... ._. qL CEFIIC;N Ca�JHT1'ri — I, o. tKOfIDI Fd 1... ... . l Ii:CEtl LLtd11L1JSE 1j aMBCT Dt x �? r � r �' OOKYDRRIGIJEOM 0 FRE LATTEK on U 1. ,op THE G1fAFAUTP CWWVRET1OLATTER-aAY SAtIY•e, f r AUTAa5 GOIO1W13K SOLE r�R CGY DC T aMDCT CC �. • T V 49'x(0 $ POB .1 dII II N[� II ro N89 -46'Z -AMEB N JUDOF ,ry ASIS-0F•BEARING9: 0F O Cot 7@U?13o�1 Ptt e Y RING5 ARE EASED ONNAD 53GRID. TEXAS STATE PLANE COOHDSMTE SYSTEM, F3 NORTH CENTRAL ZONE. \ - I ear€c'tO 240313-AEX CITY OF FORT WORTH SHEETNP. Barton Surveying & LATE ANNEXATION EXHIBIT Laser Scanning, LLC. 04/25/2024 1 912 ACRES OF ADJACENT ROW 3 of 97 W Fakmoada5e L+na saA E 1 =150 P. M SMITH SURVEY, ABST. No 1170 Foe rowan, IX 70123 OWN. M I °HKD WB I DENTON COUNTY, TEXAS 6 as es2 eit FIRM No.. 10!94190 Annexation —AX-24-007 Ordinance No. 27179-09-2024 Exhibit C FM HWY 156 LAND DESCRIPTION: ADJACENT RIGHT OF WAY BEING ALL THAT CERTAIN LOT, TRACT, OR PARCEL OF LAND SITUATED IN THE P. M. SMITH SURVEY, ABSTRACT No, 1170, AND THE R. MATANY SURVEY, ABSTRACT No. 878, BOTH IN DENTON COUNTY, TEXAS, AS CONVEYED TO THE STATE OF TEXAS, IN THE DEED RECORDED UNDER COUNTY CLERKS DOCUMENT No. (CC# 2014-102745, DEED RECORDS, DENTON COUNTY. TEXAS (DRDCT), AND A PORTION OF A TRACT OF LAND CONVEYED TO THE STATE OF TEXAS, IN THE DEED RECORDED UNDER VOLUME 279, PAGE 205, DRDCT, SAID TRACT BEING MORE PARTICULARLY DESCRIBED, BY METES AND BOUNDS,AS FOLLOWS: BEGINNING AT A TEXAS DEPARTMENT OF TRANSPORTATION MONUMENT FOUND FOR THE COMMON CORNER BETWEEN A TRACT OF LAND CONVEYED TO THE CORPORATION OF THE PRESIDING BISHOP OF THE CHURCH OF JESUS CHRIST LATTER-DAY SAINTS, A UTAH CORPORATION SOLE (CHURCH), IN THE DEED RECORDED UNDER CC# 2019-1380, DRDCT; A TRACT OF LAND CONVEYED TO JAMES M. JUDGE IN THE DEED RECORDED UNDER CC# 2008-125096, ❑ROCT: A TRACT OF LAND CONVEYED TO THE CITY OF FORT WORTH, TX IN THE DEED RECORDED UNDER CC # 2006-118143, DRDCT; AND SAID STATE OF TEXAS TRACT CONVEYED UNDER CC# 2014-102745, DRDCT;, SAID MONUMENT ALSO BEING ON THE WESTERLY RIGHT OF WAY (ROW) LINE OF FARM TO MARKET HIGHWAY No. (FM) 158, A VARIABLE WIDTH ROW; THENCE NORTH 13'17'07EAST WITH THE COMMON LINE BETWEEN SAID CHURCH TRACT AND SAID STATE OF TEXAS TRACT A DISTANCE OF 316.67 FEET TO A 1/2 INCH IRON ROD FOUND WITH A PLASTIC CAP FOR CORNER, THENCE NORTH 08'28'32' WEST WITH SAID COMMON LINE, A DISTANCE OF 79.09 FEET TO A POINT IN A METAL TRANSMISSION POLE FOUND FOR THE COMMON NORTHERLY CORNER BETWEEN SAID STATE OF TEXAS TRACT AND SAID CHURCH TRACT, SAID POINT BEING IN THE SOUTHERLY ROW LINE OF TEXAN DRIVE AND THE COMMON SURVEY LINE BETWEEN SAID SMITH SURVEY AND THE H. C. & W. T. SLOAN SURVEY, ABSTRACT No. 1533, DENTON COUNTY, TEXAS; THENCE SOUTH 8934'46" EAST WITH SAID COMMON SURVEY LINE, AT 80.5 FEET PASS THE COMMON EASTERLY CORNER BETWEEN SAID SURVEYS, CONTINUING ALONG SAID BEARING A TOTAL DISTANCE OF 241.81 FEET TO A POINT IN THE EASTERLY ROW LINE OF THE SAID FM 158 AND IN THE WESTERLY LINE OF A TRACT OF LAND CONVEYED TO WPRR, LP, UNDER THE DEED RECORDED IN CC# 2 01 7-121 722, DRDCT; THENCE SOUTH 13D4'59' WEST WITH SAID ROW LINE, A DISTANCE OF 395.78 FEET TO A POINT FOR CORNER; THENCE NORTH 89°48'25" WEST DEPARTING SAID EASTERLY ROW LINE, A DISTANCE OF 213.33 FEET TO THE POINT OF BEGINNING, AND CONTAINING 1.912 ACRES OF LAND, MORE OR LESS. CITY OF FT WORTH ANNEXATION EXHIBIT SHEET No. 240313-AEX Barton Surveying & OF 1.9120 ACRES OF ADJACENT ROW 4 Laser Scanning, LLC. DATE. 04/252024 P. M. SMITH SURVEY,ABST_ No. 1170 S1@f Fatrrrre�dao+m L+vw MAU, 1" 150' R. MATANY SURVEY, ABST. No. 878 of Fort W'mi, TX T&123 o9 yyB aaK° y DENTON COUNTY, TEXAS 6 ncaraaHi zma 692.841.009 FIRM No.; 10lseew Annexation —AX-24-007 Ordinance No. 27179-09-2024 Exhibit D Municipal Services Agreement Annexation —AX-24-007 Ordinance No. 27179-09-2024 CSC No. 62015 MUNICIPAL ERVICE AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UTAH CORPORATION SOLE This Municipal Services Agreement ("Agreement") is entered into on 17th day of September 2024 by and between the City of Fort Worth, Texas, a home -rule municipality of the State of Texas, ("City") and THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UTAH CORPORATION SOLE ("Owner"). RECITALS The parties agree that the following recitals are true and correct and form the basis upon which the parties have entered into this Agreement. WHEREAS, Section 43.0671 of the LGC permits the City to annex an area if each owner of land in an area requests the annexation; WHEREAS, where the City elects to annex such an area, the City is required to enter into a written agreement with the property owner(s) that sets forth the City services to be provided for the Property on or after the effective date of annexation (the "Effective Date"); WHEREAS, Owner owns certain parcels of land situated in DENTON County, Texas, which consists of approximately 4.039 acres of land in the City's extraterritorial jurisdiction, such property being more particularly described and set forth in Exhibit "A" attached and incorporated herein by reference ("Property"); WHEREAS, Owner has filed a written request with the City for full -purpose annexation of the Property, identified as Annexation Case No. AX -24-007 ("Annexation Case"); WHEREAS, City and Owner desire to set out the City services to be provided for the Property on or after the effective date of annexation; WHEREAS, the Annexation Case and execution of this Agreement are subject to approval by the Fort Worth City Council; and NOW THEREFORE, in exchange for the mutual covenants, conditions and promises contained herein, City and Owner agree as follows: 1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the Annexation Case. 2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full, available municipal services to the Property in accordance with state law, which may be OFFICIAL RECORD Owner -Initiated Annexation Service Agreement CITY SECRETARY 1 of 8 FT. WORTH, TX accomplished thrmugh.-any means permitted by law_ For purposes of this Agreement, "full municipal services" means all services provided lzy the City within its full -purpose boundaries, including water and wastewater services.and excluding gas or electrical service. 3. MUNICIPALSERVICES 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 infastructtire extension policies and developer or property owner participation in accordance with applicable city ordinances, rules, regulations,. and policies. a. Fire — The City's Eire 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 sere ices: 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_ P.lannmu 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 alt existing publicly -owned parks and recreational facilities. and all such facilities acquired or constructed: after the EffectiveDate (including community service facilities, libraries, swimming pools, etc-,), throughout the City. Any private parks,, facilities, and building's 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 Owried.ButIdinas — Residents of the Property will be permitted to use all other publicly owned' buildings and facilities where the publicis granted access. vii. Stprrrlvx�ter 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 arnount.of impervious surface. The fees will cover the direct and indirect costs of stormwater management services_ viii, Roads and. Streets (including Street liahtini) 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. O nar-rniliatcd Aiuiv..catiun Sarvico Agiwmenl 2 of 8 ix. Water and Wastewater to Existinn Stryrtures — 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 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 seater 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 notincluded 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' oblig=ations 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 beconstrued 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 Otitiner-Initialed Anh=adun Scnicc Agri meat 3 of 8 relating to this Agreement, the terms, and conditions of the Agreement will be interpreted according to the laws of the Stale of Texas. Theparties acknowledge -that they are of equal bargaining power and that each of them was represented by 'legal counsel in the negotiation and drafting of this Agreement 8. GOVERNING LAW AND VENUE. Venue: shall be in the. state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Divisionandconstrued in conformity: with the provisions of Texas Local Government Code Chapter 43. 9. NO WAIVER. The failure of either party to :ir ist 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'ittsist upon appropriate performance or to assert anysuch right on any future occasion, 10. GOVERNMENTAL POWER&: It is understood that by execution of this Agreement, the City does not waive or surrender any of its governniental'powers or immunities. 11. COUNTERPARTS: This Agreemenk 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 alterthe substance ofthe terms and conditions.of this Agreement_ 13. AGREEMENT BINDS AND •BENEFITS SUCCESSORS AND RUNS WITH THE LAND. This Agreement is bindingonand 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 currerit or future owner of any portion of the Property. Y4. ENTIRE AGREEMENT. This Agreement constitutes the a entire agreement bekveen the parties and supersedes.' all prior oral and written agreements bet*een said patties. This Agreement shall not be amended unless executed in writing by both parties, Executed as of the day and year --Furst ataovc written to be effective on the effective date of annexation of the Property. Q1%Uei-rsutialcd Aunt iiun Smim AW ewc1 t 4 oil CITY OF FORT WORTH Dana BurandafF u Dana Burghdoff (Sep 1 02416:03 CDT) Name: Dana Burandoff Assistant City Manager Approved as t Form and Legality By: W ¢ Name: Melinda Ramos Deputy City Attorney By: Derek Hull (Sep 19,202412:54 CDT) Name. Derek R. Hull Contract Manager By: 'J Name: Jannette S. Goodall City Secretary Approvals: M&C: By: 24-0825 Ordinance No. By: 27179-09-2024 State of Texas § County of Tarrant This instrument was acknowledged before me on the 19th day of September , 2024 a by Dana Burabdof, Assistant ( its Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. By: Brooke BonnellBoneell ( Sep 20, 202408:07 CDT Notary Public, State of Texas le BROOKE B0NNELL <p Notary Public STATE 0FTEASMyConyID.1340EX 017,2026 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Owucr-Initiated Annexation Senvicc Agreement 5 of 8 THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UTAH CORPORATION SOLE By: Name: Colton Farr Taylor Title: Authorized Anent State of frt \' § County of llr This instrument was acknowledged before me on the Vi- day of V UY1lr __, by Colton Farr Taylor, Authorized Ap-ent• Architecture. Enaiiieerine and Construction Division, on behalf of THE CHURCH OF JESUS CHRIST OF LATTER- DAY SAINTS. A UTAH CORPORATION SOLE. B_ Notary Public, State of WA O MEEGHAN AALDERS Nolary Public State of Utah My Commisslon Expires on: March 25. 2026 Comm. Number: 723805 Ouner-Initiated Annexation &r ice A cetnenL 6 or 8 EXHIBIT A TRACT 1 PRIVATELYOWNED PROPERTY BEING ALL THAT CERTAIN LOT, TRACT, OR PARCEL OF LAND SITUATED IN THE P. M. SMRH SURVEY ABSTRACT No.1170, DENTON COUNTY, TEXAS. AS CONVEYED TO CORPORATION OF THE PRESIDING BISHOP OP THE CHURCH OF JESUS CHRIST LATTER-DAY SAINTS. A UTAH CORPORATION SOLE (CRU m. IN 711E DEED R=OUNTY CIFfiICS FILET 18ER (mo} OO12019-1360,.DEED RECORDS. DENTON COUMY, TEXAS (DROOT), SAID PORTION BEING MORE P ,RTICULARLY DESCRIBED. E I METESAND BOUNDS,A5 FQLLW: BEGINNING AT A TEXAS DEPARTMENT CF TRANSPORTTION MONUMENT FOUND FOR THE SOUTHV�EST CORNER OF A TRACT OF LAND CONVEYED TO THE STATE OF TEXAS IN COUNTY CLERICS DOCUMENT No. 2414-102745: DRDCT AND IN THE NORf -1 LINE OF A TRACT OF LAND CONVEYED TO JAMES Ti. JUDGE IN THE DEED RECORDED IN 001 2006-125066 DRDCT SAID MOWaiEW( ALSO BEING ON THE WESTERLY RIGHT OF 1W Y (ROW) 11NE OF FARM TO MARKET HIGHWAY No. (FIND 155, A VFARIAE1.E WIDTH ROW. COMMONLY .ROM AS BLUE MOUND DRIVE; THENCE NORTH 68'4625' WEST DEPARTING SAID ROWAND WITH THE NORTH LINT= OF SAID JUDGE TRACT A DISTANCE OF °511.87 FEET TO A METAL D$KMCIAIMENT FOUND.FCR THE COMMON WESTERLY CORNER BETWEEN SAID JUDGE TRACT AND SAID CHURCH TRACT, SAID MONUMENT ALSO BEING IN THE EAST LINE OF A TRACT OF LAND CONVEYED TO OPL REAL ESTATE. LTD., IN cc* 29)07-55420, DRDCr, THENCE NORTH 12'387.9' EAST WITH SAID EASY LIME, A DISTANCE OF 144.0) FEET TO A 112 INCH IRON ROD FOUND WITH APLASTIC CAP STAMPED, BSLS 1019(160, FOR CORNER FROM WHICH A 518 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF A TRACT OF LANG CONVEYED TO OMAS LE1M YNE PETERSON IN THE DEED RECORDED IN VOLUME 590, PAGE 665, OROCT. BEARS NORTH 1235 EAST257. FEE1; THENCE NORTH 58'2121EAST DEPARTING SAO EAST lINE, A DISTANCE OF 123,30 FEET TO A 112 INCH IRON ROD FOUND WITH A PIASi1C CAP IAPED, BSLS 10194I60 FOR CORNER; THENCE NORTH 0Y3'i5r 11VESTADISTANCE OF 243J3 FEET TO A 12 INCH ION ROD FOUND WITH A PLASTIC CAP FOR CORNER, SAID IRON ROD BEING IN THE SOUTHERLY ROW LINE OF TEXAN DRIVE, AVARIABLE WIDTH ROW AND THE COMMON LINE BETWEEN SAID SMITH SURVEY' AND THE H_ C. & W. T SLOAN. SURVEY, ABSTRACT Nu. 153. DENTON COUNTY, TEXAS, FROM WHICH A 518 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAJD PETERSON TRACT BEARS NORTH 89°34 #6' WREST 5710 FEET, THENCE SOUTH 6934'4& EASE WITH SAID COMMON SURVEY LINE AND SOUT1-I RLY ROW I!NE, A DISTANCE OF 428.87 FEET TO A POINT IN A METAL. TRANSMISSION POLE FOUND FOR THE NORTHVY6ST CORNER OF THE AFOREaiENTIONED STATE OF TEXAS TRACT, THE NORTHEAST CORNER OF SAID CH RCH TRACT, AND. BEING IN THE WESTERLY ROW LINE OF THE AFOREMENTIONED FM 156 FROM WHICH THE COMMON EASTERLY CORNER BETWEEN SAID SAWS BEARS SOUTH 69"34"48" EAST 80.5 FEET; THENCE SOUTH 416'283'2' EAST WITH SAID ROW LINE, A DISTANCE OF 7989 FEET TO A 112 INCH IRON ROD FOUND YMTH A PLASTIC CAP FOR MOST EASTERLY NORTHEAST CORNIER OF SAID CHURCH TRACT, THENCE SOUTH 13'1TOrWEST CONTINUING W iTH SAID RC W LINE. A DISTANCE OF 318,7 FEET TO THE POINT OF BEGINNING, AND CONTAINING 4.039 ACRES OF LAND. MORE OR LESS. CITYOF FORT WORTH SHEEINu. Barton St m . 24031SAEX ANNEXATION EXHIBITOF 4.039 ASS Laser SCc3AnF 8 Air LLC. 041252(04 OP PRWATELY OWNED PROPERTY 2 oi.ii n�na�rr+wwm Law W_Au lV=13(1' P. M. -SMITH SURVEY,ABST No. 1171 of rar�ys rx7u — yyg I a u WB DENTON COUNTY. TEXAS V mnnm 6 I a r tatseteo Owner-Inuiatcd Annc'ation Service Agreement 7 of 8 C N Orlglnaf Scale: f 15D•' 75 150 • IV GraphicSt��in Feet - LEGEND -i / ii / - IRF wmmR0D CCU COII![ITCLHi>C�FBENa sR. -• IRS NRODSEr PRTCT PLAT x a M RIOW R7G►IFIT DUCT VOL. urtl:ltHr�v+xrY. �'a� ;.`fir PAG) tU R900RD PG. E : g 4 /� NONRAYE57139 NORniNIfST A�ApO V �~ = � f J` � � NTH F yE= 2T NOIYIIiDMi4O1_ C ___ ... _— G.5PG-lA1.PYtDLT .NA EYri71flfi0Vr)CAA' sc.. a NrlJ4�1N _ st' .....cEea u•• S89.3448E 428 87.._._._...._ Ce�L $ �w bi 0 i �. iiI4L&zf Y- s'a ,�' C%awrmwm. �'N130LE ZO n ir p,' P08! fLJ I / • NB9462'"____j 5 W 511.8' sanrrra � f, �Qh,s GGr290672J09p ^e ��Y � 7 DIWCT � BASIS -OF -BEARINGS: liit7itis6Tll�DRDA�EEASOa1AD�ES�VS'�S�1, NORM EWTRAL.2DYEE CITY OF FORT WORTH SHE= Barton S & 240313-AEX ANNEXJITEON EXHIBIT OF 4.039 ACRESa,9.�.�. mm Wl25l 324 OF PRIVATELY OWNED PROPERTY I•• _• •••••.•••• J1�1 FaBma�en [:to mtttra 1" =1517 P. M. SMITH SURVEY. ABST. No. 11TD Fi IvDdk Tx 75123 VJ0 I o via DENTON COUNTY, TEXAS 6 rrar,.t►�. t"""1i mw . ��: ���=��� Owncr-Inilistcd Annexation Service Anrccn=l 8 of 8 1 City of Fort Worth, Texas Mayor and Council Communication DATE: 09/17/24 M&C FILE NUMBER: M&C 24-0825 LOG NAME: 06AX-24-007; LDS — NEW GRANGER, OWNER -INITIATED SUBJECT (Future CD 10) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner -Initiated Annexation of Approximately 4.039 Acres of Land in Denton County, Known as LDS — New Granger, and Approximately 1.912 Acres of Adjacent Right -Of -Way, Located West of Blue Mound Road and South of Highway 114, in the Far North Planning Sector, AX -24- 007 (PUBLIC HEARING - a. Report of City Staff: Derek Hull; b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct public hearing for the proposed owner -initiated annexation of approximately 4.039 acres of land in Denton County, for the continued use as a church known as LDS -- New Granger, and approximately 1.912 acres of adjacent right-of-way, located west of Blue Mound Road and south of Highway 114, as shown on Exhibit A; 2. Adopt ordinance annexing AX -24-007 for full purposes; and 3. Authorize execution of municipal services agreement between the City of Fort Worth and property owners, The Church of Jesus Christ of Latter -Day Saints, A Utah Corporation Sole. DISCUSSION: On June 4, 2024, representatives for the property owners, The Church of Jesus Christ of Latter -Day Saints, A Utah Corporation Sole, submitted a request for full -purpose annexation of the property shown on Exhibit A into the City of Fort Worth (City). The subject property is located entirely in that portion of the City's extraterritorial jurisdiction which is in Denton County. The site is located west of Blue Mound Road and south of Highway 114. The owner -initiated annexation, which is approximately 4.039 acres, is consistent with the urban development annexation criteria as established by the City's Annexation Policy. In accordance with Chapter 43, section 43.106, approximately 1.951 acres of adjacent right-of-way will be annexed into the City's corporate limits. The property is part of an enclave surrounded by the City and is currently being used as a church. The property owner intends to continue to use the property as a church. The proposed land use is inconsistent with the 2023 Comprehensive Plan. The 2023 Comprehensive Plan identifies the future land use for this property as General Commercial. The use of the property as a church is compatible with current surrounding land uses, but not consistent with the future land use. In accordance with Chapter, Section 2-70 of the City Code, the Plan Commission will make a recommendation to the City Council on proposals for voluntary annexation that are inconsistent with the Comprehensive Plan. On August 28, 2024, the City Plan Commission voted unanimously to recommend approval of the inconsistent land uses proposed in annexation case AX -24-007. The companion zoning case (ZC-24-088) was heard by the Zoning Commission on September 11, 2024. The Zoning Commission recommended the approval of the requested zoning of the unzoned area to the Community Facilities "CF" zoning district for approximately 4.039 acres. The companion zoning case is scheduled for a public hearing by the City Council on September 17, 2024. The proposed site for annexation is located fully within the City of Fort Worth's Certificate of Convenience and Necessity (CCN), which grants the City exclusive rights to provide retail water and/or sewer utility service. This site is also located within the 20 -Year Plan service area as identified in the 2023 Comprehensive Plan. The City is annexing the property under the authority granted in Subchapter C-3 of Chapter 43 of the Texas Local Government Code (TLGC) wherein it provides for the process of annexation of an area upon a request of an owner of land. Section 43.0672 of the TLGC requires a municipality that elects to annex an area upon the request of an owner to first negotiate and enter into a written agreement with the owners of land in the area for the provision of municipal services. The agreement must include: 1. A list of each service the municipality will provide on the effective date of the annexation; and 2. A schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. The attached municipal services agreement includes these provisions in accordance with state law. The proposed uses were considered while assessing the financial impact to the General Fund. A Fiscal Impact Analysis was prepared by the FWLab Planning Division with the assistance of other City Departments. Annual impacts on the General Fund are expected to be negative following annexation, based on the information provided by City departments and the developer. The FWLab has determined that the annexation meets the Citys criteria for full -purpose annexation due to its location as part of an enclave and aligns with the Comprehensive Plan policies, the long-term financial sustainability poses a potential concern. Therefore, due to the ability of the area to meet the City's criteria for full -purpose annexation staff recommends approval of the requested owner -initiated annexation, AX -24-007. The City Council will conduct a public hearing on the proposed annexation to allow person interested in the annexation an opportunity to be heard. Notice of the public hearing has been posted in accordance with section 43.0673 of the TL.GC. Upon conclusion and closure of the required public hearing, the City Council may take final action on the ordinance annexing AX -24-007 for full purposes and the municipal services agreement. Upon approval of the annexation, this property will become part of COUNCIL DISTRICT 10. FISCAL INFORMATION ! CERTIFICATION: The Director of Finance certifies that based upon approval of the above recommendations and adoption of the attached ordinance, the annexation will have a long-term negative impact to the General Fund. Submitted for City Manaaer's Office by: Dana Burghdoff 8018 Oriainatina Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Expedited August 27, 2024 Full Purpose Annexation Request Case # AX -24-007 LDS -- New Granger Approximately 5.951 Acres Staff Report on Fiscal Sustainability Impact Prepared for City Council by The FWLab N D' AD :*v trout LDS - New Granger 0 7 OS C t C i AMwbs ....+ems, IM.O-Prd" M L r1i. 1 August 27, 2024 TABLE OF CONTENTS RECOMMENDATION HIGHLIGHTS........................................................... ............... 3 ..................... EXISTING CONDITIONS................................................................................................................. 5 COMPREHENSIVE PLAN CONSISTENCY....................................................................................... 6 WATER DEPARTMENT..........................................................................................---.................. 8 TRANSPORTATION AND PUBLIC WORKS - ROADS AND STREETS ............................................. 9 TRANSPORTATION AND PUBLIC WORKS - STORMWATER....................................................... 10 POLICE DEPARTMENT................................................................................................................. 1 1 FIREDEPARTMENT..................................................................................................................... 12 PUBLIC SAFETY RADIO COMMUNICATI0NS............................................................................. 14 CODE COMPLIANCE - ANIMAL CONTROL (ACC).................................................................... 16 ENVIRONMENTAL SERVICES DEPARTMENT - SOLID WASTE SERVICES ................................ 17 ENVIRONMENTAL SERVICES DEPARTMENT - ENVIRONMENTAL QUALITY ........................... 1 8 PARKAND RECREATION............................................................................................................. 1 9 2 August 27, 2024 RECOMMENDATION HIGHLIGHTS Financial Overview The current financial analysis includes total revenue, expenditures, balance, and cumulative total, with the exclusion of significant future City expenditures for street construction and maintenance. Estimate Year Annual Total Annual total Cumulative Total Revenue Expenditures Net Year 5 $0.00 $32,213 -$32,213 Year 10 $0.00 $68,835 -$68,835 Year 15 $0.00 $1 11,645 -$111,645 Year 20 $0.00 $160,113 -$160,113 Year 40 (2067) $0.00 $199,417 -$199,417 Expenditures Anticipated expenditures for the City cover a broad range of City services, including stormwater management, environmental quality, code enforcement, and services related to water, fire and emergency response, and police. It is important to note that the current financial calculations do not factor in the revenues from the Water Department, or the costs associated with extending water services. This could result in an incomplete assessment of the City's overall financial impact. Revenues The annexation area will host a new church, which will be constructed by 2026. The current site, which consists of an existing residence owned by the Church of Jesus Christ of Latter -Day Saints, does not generate any tax revenue. The fiscal impact on the General Fund is expected to be negative annually. This is due to the operating costs of various departments (Police, Code Compliance, Water, Environmental Services, and Transportation and Public Works) that are projected to exceed any revenue generated by the new development. Comprehensive Plan Alignment The proposed annexation area is part of an existing enclave, which is surrounded by the City of Fort Worth. Annexation of enclave areas supports efficient provision of City services. The annexation aligns with the following Comprehensive Plan policies: 1. Encourage new development adjacent and connected to previously developed or platted areas in order to utilize existing utility and road infrastructure and services, thereby optimizing public and private investments and discouraging sprawl development. 2. Promote fiscally sustainable growth on the periphery of the city by encouraging development adjacent to existing adequate infrastructure and discouraging leapfrog development. August 27, 2024 Locate large commercial and institutional uses adjacent to arterial streets, preferably at the intersections of other arterials and highways. Land Use Recommendation The proposed church development is permitted in any zoning district in the City and is therefore allowable within the property's General Commercial designation on the 2023 Comprehensive Plan Future Land Use Map. This designation supports the development of retail, services, offices and mixed uses serving occasional needs for a larger market area. A more appropriate Future Land Use designation for a church would be Institutional, which supports uses such as schools, churches, government, human services, utilities, and community centers. City staff recommends that the Future Land Use designation for the subject property be amended from General Commercial to Institutional after the proposed church is constructed. Given that the applicable land use policies support commercial and institutional use at this location at the intersection of Texan Drive and FM 156, and with the existing institutional use located directly north, the proposed annexation and church development will provide community facilities that meet the needs of the current and future population, fostering an environment conducive to community development. Overall Recommendation Annual impacts on the General Fund are expected to be negative for the proposed new church following construction, based on the information provided by departments and the developer. Due to the ability of the area to meet the City's criteria for full -purpose annexation and Comprehensive Plan Future Land Use Map and policy guidance, staff recommends that LDS — New Granger be considered for annexation at this time. 4 August 27, 2024 EXISTING CONDITIONS Description Request Type Council District Comprehensive Plan Future Land Ike F loodplain Current & Proposed Zoning Existing Land Use Included in Planned Service Area Enclave Planning Sector ROW Concept Plan Preliminary Plat Final Plat Independent School District Approximately 5.951 acres of land located at the southwest corner of Texan Drive and Highway 156 Annexation — Full Purpose. 10 The adopted 2023 Comprehensive Plan's Future Land Use designations are General Commercial. No. Current Zoning — Residential (Single -Family) Proposed Zoning — F (General Commercial) Single -Family Residential Enclave PSA - Redevelopable Yes. Far North. Yes. Yes. Yes. No. Northwest ISD. August 27, 2024 COMPREHENSIVE PLAN CONSISTENCY The adopted 2023 Comprehensive Plan designates the proposed annexation area as General Commercial on the City's Future Land Use Map. The annexation application, land plan, and associated preliminary plat for the property propose General Commercial (4.039 acres, F zoning) uses. In addition, there is a gas well pad site behind the property, along the western portion of the property, adjacent to Institutional and Light Industrial future land uses. The proposed use within the annexation area is currently inconsistent with the adopted Future Land Use Map. While the annexation proposal retains the commercial land use type identified in the Comprehensive Plan, the proposal more aligns with the Institutional land use to the north. (It should be noted that churches are permitted anywhere regardless of land use compatibility and zoning.) Given the adjacent Institutional Use to the north/northeast, and adjacent Light Industrial land use type to the east/southeast, the proposed land use and designations are compatible with the surrounding uses, both existing and currently planned. The proposed Future Land Use Map amendment changes the General Commercial designation to Institutional. Based on the compatible arrangement of existing land uses surrounding the property, staff recommends that the Future Land Use Map in the Comprehensive Plan be amended. The Future Land Use Maps below show the currently adopted designations for the area, as well as staffs proposed changes to the Future Land Use Map to bring the map into alignment with the proposed land use. 6 August 27, 2024 Ado ted Future Land Use: Subject Property ■ General Commercial Single Family Residential ■ Institutional U Open Space !i4H 1F'qJ rf;! Y Pro osed Future Land Use: Subject Property U General Commercial Single Family Residential Institutional U Open Space ibm August 27, 2024 WATER DEPARTMENT It is anticipated that 450 linear feet of 12 -inch water pipe will be constructed as part of this annexation. It is also anticipated that 1,300 linear feet of 8 -inch offsite sewer pipe will be constructed as part of this annexation. How does this proposal align with your department's plans and policies? List policies from department's plan that this annexation proposal supports (Strategic Plan, Master Plan, Neighborhood Plan, etc.): Proposal is consistent with the City Comprehensive Plan. The proposed annexation aligns with the Water Department Water and Sewer Master Plans regarding land use. How will this proposal affect your key performance indicators? This annexation is not expected to significantly impact KPIs for the maintenance of water and sewer assets. The cumulative impacts of all annexations on maintenance -related KPIs over time will be more significant. Utility management does not anticipate a need for additional water/sewer capital improvements in this annexation area for the foreseeable future. Department Recommendation: Water Department supports annexation request. Estimated Cumulative Expenditures and Revenues i I 1e 5 Years 10 Years 15 Years 20 Years 40 Years Operations $8,714 $18,815 $32,119 $45,694 $125,345 Capital - - - - - 1 5 Years [ 10 Years Revenue $63,921 $131,103 15 Years 20 Years 40 Years $201,711 $275.922 612,599 8 August 27, 2024 TRANSPORTATION AND PUBLIC 'W (IRKS - ROADS AND STREETS The following table provides an overview of estimated costs per lane mile categorized by street type, providing financial considerations associated with the proposed development. This data aims to highlight the distinct financial implications of developing and maintaining each proposed street type. Texan Drive is already maintained by the City of Fort Worth and Blue Mound (FM 156) is maintained by TxDOT. How does this proposal align with your department's plans and policies? No projected impact How will this proposal affect your key performance indicators? No projected impact Recommendation: Support Annexation 9 August 27, 2024 TRANSPORTATION AND PUBLIC WORKS - STORMWATER How does this proposal align with your department's plans and policies? The annexation will increase future maintenance costs and staff time required for the estimated storm system infrastructure associated with this development. Additional staff may be required to maintain existing service levels when the cumulative impacts of all annexations are considered. How will this proposal affect your key performance indicators? The storm system infrastructure from this particular annexation is not expected to significantly impact KPIs. However, the cumulative impacts of all annexations on maintenance -related KPls may be more significant. Stormwater management does not anticipate a need for stormwater capital improvements in this annexation area for the foreseeable future. Therefore, no impact to our capital delivery key performance indicators is expected at this time. Recommendation: Stormwater supports the annexation since the revenue is expected to be higher than the anticipated combined capital expenses and maintenance expenses, assuming that the new development will be built per the City's standards. Estimated Cumulative Expenditures and Revenues Infrastructure 5 Years 10 Years 15 Years 20 Years 40 Years Operation & Maintenance 4 Inlets and 1,416 $5,367 $11,434 $18,201 $25,669 $36,481 Linear Feet of Pipe Departmental Review Comments — Expenditures: Based on the high-level information provided, Stormwater estimates that about 1,416 linear feet of storm sewer pipes and 4 new storm inlets will be installed as part of this proposed church development. The table below provides the estimated cumulative maintenance expenditures for the proposed drainage infrastructure from the best information currently available. Future expenses will be highly dependent on the actual development of the area as permitted by the City's Development Services Department. 10 August 27, 2024 POLICE DEPARTMENT The Police Department has projected demand for service based on the best information currently available. Future expenses are highly dependent on the expected uses, density level, transportation infrastructure, and timing of development. Operational, Capital, and Personnel expenses are unknown at this time and are dependent on if a new patrol division, additional personnel (patrol officers, neighborhood police officers, communications staff, etc.), or a new facility is necessary. How does this proposal align with your department's plans and policies? Additional calls for service will increase operational needs for the Police Department. As the land is developed, the Police Department will continue to evaluate call loads to determine whether a new patrol division, additional personnel (patrol officers, neighborhood police officers, communications staff, etc.), or a new facility is necessary. How will this proposal affect your key performance indicators? Once the property is fully developed, Priority 1, 2, and 3 response times could increase for North Division, Police Beat D19, Police Reporting Area Q300 depending on the expected uses, density level, transportation infrastructure, and timing of development. Recommendation: Support Annexation Estimated Cumulative Expenditures and Revenues Institutional $25,452 $54,958 $89,163 $128,817 $143,999 Total $25,452 $54,958 $89,163 $128,817 $143,999 " S Years 10 Years 1 S Years 20 Years 40 Years Revenue: August 27, 2024 FIRE DEPARTMENT The following table outlines the estimated response times for fire stations based on their designated locations. Prompt and efficient responses are crucial in emergency situations, and the times listed below represent the estimated durations it takes for each fire station to reach the boundary of the proposed annexation area. These response times are essential factors in ensuring the timely deployment of resources for effective emergency management. 1st Due Company Station 11 3.3 Minutes 1900 Texan Dr 2°d Due Company Station 35 7.5 Minutes 2201 Flight Line Rd 3rd Due Company Station 38 11.9 Minutes 13280 Park Vista Blvd 4th Due Company Station 45 14.4 Minutes 1901 Quail Grove Dr 1St Aerial Station 35 7.5 Minutes 2201 Flight Line Rd _ The responding fire stations' proximities to the LDS — New Granger boundary are shown in the below map. 12 August 27.2024 _IL fr ky`f.'fi+l kI.Iii- L1 Li r_ Fire Department Response Time Comments: Fire and EMS first responder services will be dispatched from existing temporary Fire Station 11, located at 1900 Texan Dr, to the proposed annexation. Current Fire Department response time goal is to arrive on the scene of emergencies within five minutes from the time of dispatch at 75% of the time. Based on the existing fire stations located close to this proposed annexation area, the Fire Department will be able to meet this response time goal. Fire Department Incidents Comments: 2024 produced 77 incidents for the area within one half mile of the proposed annexation (not including the area of the proposed annexation itself). Based on a comparison of the area of the buffer to the area of the annexation, the estimated annual count of incidents in the annexation is less than 1. The estimated cost of an additional incident is $968. Multiplied by I incident, the total additional annual cost of responding to the annexation is estimated to be less than $968. However, once the area becomes more fully developed or if zoning for the area changes, this number will need to be adjusted. Fire Department Comments Related to Staffing and Facilities: 13 August 27. 2024 PUBLIC SAFETY RADIO COMMUNICATIONS Assessing the proposed population growth from the annexation on public safety radio communications will be important. The increase in population size heightens demands on emergency services and law enforcement, necessitating a comprehensive evaluation of our current communication infrastructure. As the population expands, so does the potential for emergencies and public safety incidents, highlighting the critical importance of a robust and scalable radio communication system. To ensure the efficacy of public safety efforts, strategic investments and enhancements to the radio communication technology will be continuously reviewed. How does this proposal align with your department's plans and policies? This proposal aligns with the Department's existing plans and policies. How will this proposal affect your key performance indicators? The proposal will have no effect on the department's key performance indicators. Recommendation: No action regarding public safety radio communications will be required to accommodate the proposed annexation. Estimated Cumulative Expenditures and Revenues $0 Personnel $0 $0 $0 .Maintenance $0 $0 $0 $0 Departmental Review Comments — Expenditures: Departmental Review Comments $0 $0 $0 $0 $0 $0 14 August 27.2024 CODE COMPLIANCE - CODE ENFORCEMENT How does this proposal align with your department's plans and policies? The proposed annexation aligns with the Code Compliance plans regarding land use. How will this proposal affect your key performance indicators? This proposal will not affect Code Enforcements KPIs. Commercial complaints will increase as the annexed area ages. Recommendation: Proceed as planned. Estimated Cumulative Expenditures and Revenues 5 Years 10 Years 3 15 Years 20 Years 40 Years Operations $100 $200 $400 $500 $4000 I Capital 0 0 I 0 0 0 Personnel (1 0 I I 1 1 Maintenance 15 August 27, 2024 CODE COMPLIANCE - ANIMAL CONTROL (ACC) How does this proposal align with your department's plans and policies? The annexation of 5 acres for church purposes will not affect Animal Control's plans or policies. How will this proposal affect your key performance indicators? Request of service from Animal Control concerning this particular annexation is not expected to impact KPIs. Recommendation: No recommendations at this time. Estimated Cumulative Expenditures and Revenues 5 Years 10 Years 1S Years 20 Years 40 Years O erations $() $0 $o $0 $0 Capital $U $0 $0 $0 $0 Persorrncl tifi $Q $0 $f) SO Maintenance $0 $0 $0 $0 I $0 !' 40 Years $0 16 August 27. 2024 ENVIRONMENTAL SERVICES DEPARTMENT - SOLID WASTE SERVICES How does this proposal align with your department's plans and policies? N/A. Solid Waste does not provide waste collection services to commercial entities How will this proposal affect your key performance indicators? N/A. Solid Waste does not provide waste collection services to commercial entities Recommendation: Neutral Estimated Cumulative Expenditures and Revenues iitIrm!z1DIcIPNi iiiwwu1ni! 5 Years 10 Years 15 Years 20 Years 40 Years Operations 0 f) (7 O CI Capital 0 0 0 0 0 Personnel fl 0 0 0 0 ! Maintenance 0 0 0 0 0 August 27, 2024 ENVIRONMENTAL SERVICES DEPARTMENT - ENVIRONMENTAL QUALITY How does this proposal align with your department's plans and policies? The proposed church land use is expected to have a light service need from our division. Grading and land disturbance will be subject to the grading permitting process and subsequent inspections. Current staffing is sufficient to complete these duties. This type of inspection is documented in Chapter 4 of the Environmental Master Plan. Any required litter abatement and sweeping services are expected to be minimal and support Chapter 6 of the Environmental Master Plan. How will this proposal affect your key performance indicators? Once development starts, the subject site would increase the number of routine investigations for the Water Quality team. However, current staffing is sufficient to complete these during authorized timelines. Therefore, this proposal is not expected to negatively impact this key performance indicator. Recommendation: Proceed as planned Estimated Cumulative Expenditures and Revenues $1,196 Capital $15 $35 $64 Personnel $342 $834 $1,531 Maintenance $74 $177 $319 1 18 $2,182 $98 $2,359 $488 $5,535 $309 $7,545 $1,547 August 27, 2024 PARK AND RECREATION How does this proposal align with your department's plans and policies? How will this proposal affect your key performance indicators? Recommendation: Estimated Cumulative Expenditures and Revenues l 5 Years 10 Years 15 Years 20 Years 40 Years Operations Capital Personnel Maintenance $6,829 $8,111 $9,633 $11,441 $22,766 (Contract Mow) aintenance I(Forestry) Departmental Review Comments — Expenditures: PARD Forestry: PARD ROW: FM156 just south of Hwy 114. 1 median, 2 parkways for 0.10 mile. Current conditions would result in a maintenance cost of $5,750 annually for 7 -day cycle mowing & litter pick up on the median & parkways for 0.1 miles on FM 156. PARD ROW: PARR PRM-Planning: 19 August 27, 2024 SUMMARY AND OVERALL RECOMMENDATION Expenditures, Revenues, and Cumulative Total Summary The following calculations provide an overview of total revenue, total expenditures, balance, and cumulative totals. However, it's important to recognize that significant future city expenditures are not yet included. The City's Transportation and Public Works. Department has noted that Texan Drive is managed by Fort Worth, while Blue Mound (FM156) is maintained by TxDOT. Collaborative efforts led by the FWLab and various departments aim to refine cost estimates, providing enhanced clarity for future fiscal impact assessments. This initiative is expected to refine the Balance and Cumulative Total figures in future fiscal impact analyses. Total Cumulative Total Estimate Year Total Revenue Expenditures Net $0.00 $32,213 -$32,213 Year 5 $0.00 $68,835 -$68,835 Year 10 Year 115 $0.00 $111,645 -$111,645 $0.00 $160,113 -$160,113 Year 20 Year 40 (2067) $0.00 $199,417 -$199,417 Expenditures Service and infrastructure costs will increase over time as additional development occurs and as infrastructure ages and needs maintenance and eventual replacement. The development of a church is not projected to generate any property tax revenue. The annual revenue needed to maintain infrastructure and services to the development may be strained to cover costs associated with the development. Future costs to the City include: o Street maintenance and construction o Mowing, forestry, and operational costs for parkland along FM156 just south of Hwy 114 o Stormwater operations and maintenance o Police, Fire, and emergency services o Environmental quality operational costs and code compliance operations o Animal control operations o Water Department will extend service through cost participation as needed. Revenues The annexation area will host a new church, which will be constructed by 2026. The current site, which consists of an existing residence, does not generate any tax revenue. The fiscal impact on the General Fund is expected to be negative annually. This is due to the operating costs of various departments (Police, Code Compliance, Water, Environmental Services, and Transportation and Public Works) that are projected to exceed any revenue generated by the new development. 20 August 27, 2024 Comprehensive Plan Alignment The proposed annexation area is part of an existing enclave, which is surrounded by the City of Fort Worth. Annexation of enclave areas supports efficient provision of City services. The annexation aligns with the following Comprehensive Plan policies: 1. Encourage new development adjacent and connected to previously developed or platted areas in order to utilize existing utility and road infrastructure and services, thereby optimizing public and private investments and discouraging sprawl development. 2. Promote fiscally sustainable growth on the periphery of the city by encouraging development adjacent to existing adequate infrastructure and discouraging leapfrog development. 3. Locate large commercial and institutional uses adjacent to arterial streets, preferably at the intersections of other arterials and highways. Land Use Recommendation The proposed church development is permitted in any zoning district in the City and is therefore allowable within the property's General Commercial designation on the 2023 Comprehensive Plan Future Land Use Map. This designation supports the development of retail, services, offices and mixed uses serving occasional needs for a larger market area. A more appropriate Future Land Use designation for a church would be Institutional, which supports uses such as schools, churches, government, human services, utilities, and community centers. City staff recommends that the Future Land Use designation for the subject property be amended from General Commercial to Institutional after the proposed church is constructed. Given that the applicable land use policies support commercial and institutional use at this location at the intersection of Texan Drive and FM 156, and with the existing institutional use located directly north, the proposed annexation and church development will provide community facilities that meet the needs of the current and future population, fostering an environment conducive to community development. Note that the property is located within the Fort Worth Alliance Airport Overlay Zone, which provides for additional regulation of land development and certain uses. Overall Recommendation Annual impacts on the General Fund are expected to be negative for the proposed new church following construction, based on the information provided by departments and the developer. Due to the ability of the area to meet the City's criteria for full -purpose annexation and Comprehensive Plan Future Land Use Map and policy guidance, staff recommends that LDS — New Granger be considered for annexation at this time. 21 City of Fort Worth, Texas Mayor and Council Communication DATE: 09/17/24 M&C FILE NUMBER: M&C 24-0825 LOG NAME; 06AX-24-007; LIDS - NEW GRANGER, OWNER -INITIATED SUBJECT (Future CD 10) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner -Initiated Annexation of Approximately 4.039 Acres of Land in Denton County, Known as LIDS —New Granger, and Approximately 1.912 Acres of Adjacent Right -Of -Way, Located West of Blue Mound Road and South of Highway 114, in the Far North Planning Sector, AX -24- 007 (PUBLIC HEARING - a. Report of City Staff: Derek Hull; b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct public hearing for the proposed owner -initiated annexation of approximately 4.039 acres of land in Denton County, for the continued use as a church known as LDS — New Granger, and approximately 1.912 acres of adjacent right-of-way, located west of Blue Mound Road and south of Highway 114, as shown on Exhibit A; 2. Adopt ordinance annexing AX -24-007 for full purposes; and 3. Authorize execution of municipal services agreement between the City of Fort Worth and property owners, The Church of Jesus Christ of Latter -Day Saints, A Utah Corporation Sole. DISCUSSION: On June 4, 2024, representatives for the property owners, The Church of Jesus Christ of Latter -Day Saints, A Utah Corporation Sole, submitted a request for full -purpose annexation of the property shown on Exhibit A into the City of Fort Worth (City). The subject property is located entirely in that portion of the City's extraterritorial jurisdiction which is in Denton County. The site is located west of Blue Mound Road and south of Highway 114. The owner -initiated annexation, which is approximately 4.039 acres, is consistent with the urban development annexation criteria as established by the City's Annexation Policy. In accordance with Chapter 43, section 43.106, approximately 1.951 acres of adjacent right-of-way will be annexed into the City's corporate limits. The property is part of an enclave surrounded by the City and is currently being used as a church. The property owner intends to continue to use the property as a church. The proposed land use is inconsistent with the 2023 Comprehensive Plan. The 2023 Comprehensive Plan identifies the future land use for this property as General Commercial. The use of the property as a church is compatible with current surrounding land uses, but not consistent with the future land use. In accordance with Chapter, Section 2-70 of the City Code, the Plan Commission will make a recommendation to the City Council on proposals for voluntary annexation that are inconsistent with the Comprehensive Plan. On August 28, 2024, the City Plan Commission voted unanimously to recommend approval of the inconsistent land uses proposed in annexation case AX -24-007. The companion zoning case (ZC-24-088) was heard by the Zoning Commission on September 11, 2024. The Zoning Commission recommended the approval of the requested zoning of the unzoned area to the Community Facilities "CF" zoning district for approximately 4.039 acres. The companion zoning case is scheduled for a public hearing by the City Council on September 17, 2024. The proposed site for annexation is located fully within the City of Fort Worth's Certificate of Convenience and Necessity (CCN), which grants the City exclusive rights to provide retail water and/or sewer utility service. This site is also located within the 20 -Year Plan service area as identified in the 2023 Comprehensive Plan. The City is annexing the property under the authority granted in Subchapter C-3 of Chapter43 of the Texas Local Government Code (TLGC) wherein it provides for the process of annexation of an area upon a request of an owner of land. Section 43.0672 of the TLGC requires a municipality that elects to annex an area upon the request of an owner to first negotiate and enter into a written agreement with the owners of land in the area for the provision of municipal services. The agreement must include: 1. A list of each service the municipality will provide on the effective date of the annexation; and 2. A schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. The attached municipal services agreement includes these provisions in accordance with state law. The proposed uses were considered while assessing the financial impact to the General Fund. A Fiscal Impact Analysis was prepared by the FWLab Planning Division with the assistance of other City Departments. Annual impacts on the General Fund are expected to be negative following annexation, based on the information provided by City departments and the developer. The FWLab has determined that the annexation meets the City's criteria for full -purpose annexation due to its location as part of an enclave and aligns with the Comprehensive Plan policies, the long-term financial sustainability poses a potential concern. Therefore, due to the ability of the area to meet the City's criteria for full -purpose annexation staff recommends approval of the requested owner -initiated annexation, AX -24-007. The City Council will conduct a public hearing on the proposed annexation to allow person interested in the annexation an opportunity to be heard. Notice of the public hearing has been posted in accordance with section 43.0673 of the TLGC. Upon conclusion and closure of the required public hearing, the City Council may take final action on the ordinance annexing AX -24-007 for full purposes and the municipal services agreement. Upon approval of the annexation, this property will become part of COUNCIL DISTRICT 10. FISCAL INFORMATION I CERTIFICATION: The Director of Finance certifies that based upon approval of the above recommendations and adoption of the attached ordinance, the annexation will have a long term negative impact to the General Fund. Submitted for City Manaaer's Office bv: Dana Burghdoff 8018 Oriainatina Business Unit Head: Q.J. Harrell 8032 Additional Information Contact: Expedited