City Council

NOTICE OF MEETING

SPECIAL SESSION AGENDA City Council

11:15 AM - Thursday, December 14, 2017Weatherford City Hall, City Council Chambers

303 Palo Pinto Street, Weatherford, TX

Craig Swancy, MayorJeff Robinson, Place 2, Mayor Pro Tem

Heidi Wilder, Place 1Dale Fleeger, Place 3

Kevin Cleveland, Place 4Sharon Hayes, City Manager

James Hotopp, Deputy City ManagerBrad Burnett, Assistant City Manager

Zellers & Zellers, City AttorneyMalinda Nowell, TRMC, City Secretary

In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Weatherford City Hall, distributedto the appropriate news media, and posted on the City website at http://www.weatherfordtx.gov within the required time frame. As a courtesy, theentire Agenda Packet has also been posted on the City of Weatherford website at www.weatherfordtx.gov/agendas . All meetings of the WeatherfordCity Council, Municipal Utility Board, and other boards/commissions/committees of the City of Weatherford are open to the public. Publicparticipation and written comments are invited on all open session business items.

The Mayor/Chair requests that all electronic devices be turned off or set to vibrate. Members of the audience are requested to step outsidethe Council Chambers to conduct a phone conversation. Weatherford City Hall is wheelchair accessible and special parking is available on thesouth side of the building. If special accommodations are required please contact the City Secretary at 817­598­4202 a minimum of 24 hours inadvance.

The City Council, Municipal Utility Board, and other boards/commissions/committees of the City of Weatherford, as allowed, reserve theright to adjourn into Executive Session at any time during the course of this meeting to discuss any of the matters listed below, as authorized by theTexas Government Code: Section 551.071­Consultation with Attorney; 551.072­Deliberations about Real Property; 551.073­Deliberations aboutGifts and Donations; 551.074­Personnel Matters; 551.076­Deliberations about Security Devices; 551.086­Certain Public Power Utilities; and551.087­Economic Development.

Unless a Work Session Agenda, or otherwise indicated, action may be taken on any of the following agenda items.

1. CALL TO ORDER & ANNOUNCEMENT OF A QUORUM

2. PUBLIC HEARINGS

2.a. Hold a PUBLIC HEARING on the voluntary annexation of approximately 2.23 acres tract of land,located at 2909 East Bankhead Drive, situated in the L.P. Duncan Survey, Abstract No. 391 andthe W. M. Cozart Survey, Abstract No. 245, Parker County, Texas, and being a portion of a called5 acre tract of land described in the Contract of Sale and Purchase as recorded in Volume 1878,Page 1449, Real Records, Parker County, Texas. (Craig Farmer, Development and 1

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Neighborhood Services Director)Suggested Action: No action is required at this time.calendarrequestsurveyvicinity mappublic hearing noticeservice plan

3. ADJOURNMENT

CERTIFICATIONI certify that this Notice of Meeting was posted on _____________________ at _____________ a.m. / p.m. as required by law in accordance withSection 551.042 of the Texas Local Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also postedon the city's website.

Posted By _______________________________ Title ___________________________________

Date/Time Removed _______________________

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Weatherford City CouncilAGENDA REPORT

Meeting Date: December 14, 2017 Staff Contact: Craig Farmer, Development andNeighborhood Services Director

Item Number: 2017-187-AR Phone: 817-598-4338

SUBJECT:

Hold a PUBLIC HEARING on the voluntary annexation of approximately 2.23 acres tract of land,located at 2909 East Bankhead Drive, situated in the L.P. Duncan Survey, Abstract No. 391 and theW. M. Cozart Survey, Abstract No. 245, Parker County, Texas, and being a portion of a called 5 acretract of land described in the Contract of Sale and Purchase as recorded in Volume 1878, Page 1449,Real Records, Parker County, Texas.

BACKGROUND/DISCUSSIONOn October 23, 2017, the City of Weatherford received a voluntary annexation request from Scott Crawford of Baird,Hampton, Brown on behalf of Mr. Philip Smith concerning the aforementioned 2.23 acres of land.

Required public hearings will be held on:• Tuesday, December 12, 2017 at 6:30 p.m.• Thursday, December 14, 2017 at 11:15 a.m.

The first and final reading of the ordinance will be held on January 9, 2018. If approved, the annexation will becomeeffective immediately.

FINANCIAL IMPACTNone

SUGGESTED ACTIONNo action is required at this time.

ATTACHMENTS calendar request survey vicinity map public hearing notice service plan

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Philip Smith Annexation 2017

ANNEXATION MEETING SCHEDULE / CALENDAR

For the proposed voluntary annexation of land generally described as being approximately 2.23 acre tract of land situated in the L.P. Duncan Survey, Abstract No. 391 and the W. M. Cozart Survey, Abstract No. 245, Parker County, Texas, and being a portion of a called 5-acre tract of land described in the contract of sale and purchase as recorded in volume 1878, page 1449, Real Records, Parker County, Texas.

RESOLUTION CALLING FOR TWO PUBLIC HEARINGS Tuesday, November 14, 2017 City Council Meeting 6:30 p.m. PUBLICATION (NEWSPAPER & INTERNET WEBSITE)– BY LAW NOT LESS THAN 10 OR MORE THAN 20 DAYS PRIOR TO HEARING. Wednesday, November 29, 2017 Weatherford Democrat 1st & 2nd PH Notice

& city website HOLD PUBLIC HEARINGS ON: Tuesday, December 12, 2017 Regular City Council Meeting 6:30 pm 1st Public Hearing Thursday, December 14, 2017 Special City Council Meeting 11:15 a.m. 2nd Public Hearing MEET TO PASS OR REJECT ANNEXATION – BY LAW NOT LESS THAN 20 DAYS OR MORE THAN 40 DAYS AFTER PUBLIC HEARINGS: Tuesday, January 9, 2018 City Council Meeting 6:30 pm First and Final Reading of Ordinance

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F:\job\2016\810\125 2909 E Bankhead\Document\2017-10-23 Annexation Request 2909 Bankhead.docx

October 23, 2017 Mr. Stan Hamrick City of Weatherford 119 Palo Pinto Weatherford, TX 76086 RE: ANNEXATION REQUEST FOR A COMMERCIAL DEVELOPMENT AT 2909 E. BANKHEAD 2.23+/- ACRES TO BE ANNEXED WEATHERFORD, TEXAS BHB PROJECT 2016.810.125 On behalf of the owner, Mr. Philip Smith with PS LONESTAR Properties LLC, BHB is requesting a voluntary annexation with a C1 Commercial zoning for the property referenced above and described as follows: Property description according to the survey by Jacob & Martin, Ltd., dated July15, 2005. BEING a 2.23 acre tract of land situated in the L.P. Duncan Survey, Abstract No. 391 and the W. M. Cozart Survey, Abstract No. 245, Parker County, Texas, and being a portion of a called 5 acre tract of land described in the Contract of Sale and Purchase as recorded in Volume 1878, Page 1449, Real Records, Parker County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point for the southeast corner of said called 5 acre tract, the Southwest corner of called 32.03 acre tract of land described in the deed to LUMAR Development, Inc. as recorded in Volume 2002, Page 300 of said Real Records and being on the north Right-of-Way line of E. Bankhead Highway; THENCE North 83°26’34” West, with the south line of said called 5 acre tract and the north Right-of-Way line of said E. Bankhead Highway, a distance of 249.74 feet to a point for the southwest corner of said 5 acre tract and the Southeast corner of a called 6.033 acre tract of land described in the deed to Richard G. Hunter and wife, Ann Hunter as recorded in Volume 1655, Page 346 of said Real Records; THENCE North 02°23’47” East, leaving the north Right-of-Way line of said E. Bankhead Highway and with the common line of said called 5 acre tract and said Hunter tract, a distance of 337.07 feet to a point for the northwest corner of the hereon described tract; THENCE North 73°05’18” East, crossing said called 5 acre tract, a distance of 264.09 feet to a point for the northeast corner of the hereon described tract and being on the common line of said called 5 acre tract and said LUMAR tract;

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Mr. Stan Hamrick October 23, 2017 Page 2 of 2

F:\job\2016\810\125 2909 E Bankhead\Document\2017-10-23 Annexation Request 2909 Bankhead.docx

THENCE South 02°24’57” West, with the common line of said called 5 acre tract and said LUMAR tract, a distance of 442.52 feet to the POINT OF BEGINNING and containing 97, 118 Square feet or 2.23 Acres of Land. An exhibit showing the area requested to be annexed is attached with this letter. Please contact me by phone or email (SCrawford@bhbinc.com) if you have any questions or comments. Sincerely: BAIRD, HAMPTON & BROWN T. Scott Crawford, PE Project Manager, Civil Engineer

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BANKHEADBANKHEAD

INTERSTATE 20INTERSTATE 20

BANK

SBA

NKS

INTERSTATE 20 SERVICE

INTERSTATE 20 SERVICE

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II NNTT EERRSSTTAA TTEE 22 00 AA CC CCEESSSS

BURTONBURTON

INTERSTATE 20INTERSTATE 20

SUBJECT

Location Map

Just East of 2903 E. Bankhead Hwy.L.P. Duncan Survey, A-391

0 400 800200Feet

1 inch = 400 feet

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PUBLIC NOTICE

In accordance with TexasLocal Government Code,Chapter 43, the City ofWeatherford, Texas, pro-poses to institute voluntaryannexation proceedings onland generally described asbeing approximately 2.23acre tract of land situatedin the L.P. Duncan Survey,Abstract No. 391 andthe W. M. Cozart Survey,Abstract No. 245, ParkerCounty, Texas, and being aportion of a called 5-acretract of land described inthe contract of sale andpurchase as recorded involume 1878, page 1449,Real Records, Parker County,Texas to enlarge and extendthe boundary limits ofthe city.

The City Council of the Cityof Weatherford, Texas, willhold Public Hearings onthe proposed voluntaryannexation on the followingdates:

DATE: Tuesday, December12, 2017TIME: 6:30 P.M.LOCATION: WeatherfordCity Hall Council Chambers303 Palo Pinto Street

DATE: Thursday, December14, 2017TIME: 11:15 A.M.LOCATION: WeatherfordCity Hall Council Chambers303 Palo Pinto Street

The City Council of the Cityof Weatherford, Texas, willconsider adoption on onereading of the Ordinanceon the proposed voluntaryannexation on the followingdate:

DATE: Tuesday, January 9,2018TIME: 6:30 P.M.LOCAT ION: WeatherfordCity Hall Council Chambers303 Palo Pinto Street

All interested persons areinvited to attend and partici-pate in the Public Hearings.Should you require specialaccommodations to partici-pate, please contact theCity Secretary at 817-598-4202 at least 48 hours priorto the meeting and everyeffort will be made tomake reasonable accommo-dations. City Hall is wheelchair accessible and specialparking is available from thesouth side of the building.

The area to be annexedis described as 2909 EBankhead Drive.

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2909 E Bankhead Drive 2017

CITY OF WEATHERFORDANNEXATION SERVICE PLAN FOR

“2909 E Bankhead Drive” 2017

Municipal services to the area annexed in the ordinance attached hereto shall be furnished after the effective date of annexation by the City of Weatherford, Texas, (“City”) at the following levels and in accordance with the following schedule:

1. Upon the effective date of annexation the City will provide the following services to the newly annexed area:

A. Police ServicesThe City will provide police services to the newly annexed area at the same or similar level of service now being provided to other areas of the City with similar topography, land use and population. The City will respond to all dispatched police calls and requests for service or assistance within the newly annexed area.

B. Fire Protection and Emergency Medical ServiceThe City will provide fire protection to the newly annexed area at the same or similar level of service now being provided to other areas of the City with similar topography, land use, and population. The City will respond to all dispatched calls and requests for service or assistance within the newly annexed area.

C. Solid Waste CollectionThe City will provide for the collection of solid waste and refuse in the newly annexed area at the same fee as paid by other citizens within the city limits for the same service by the franchised solid waste provider.

D. Maintenance of Water and Waste Water FacilitiesThe City Council is not aware of the existence of any water or wastewater facilities now located in or serving the area proposed for annexation. If publicly owned water or wastewater facilities do exist in the area such facilities owned or maintained by the City at the time of the proposed annexation shall continue to be maintained by the City. Any water or wastewater facilities, which the City may acquire subsequent to the annexation of the proposed area, shall be maintained by the City to the extent of its ownership. It is the intent of the City to maintain all public water and wastewater facilities in the annexed area that are not within the service area of any other water or wastewater utility. The City does own and maintain municipal water service along East Bankhead Highway adjacent to the area proposed for annexation, and wastewater service approximately 500 feet to the east.

E. Maintenance of Roads and StreetsRoad, streets, or alleyways which have been dedicated to the City or whichare owned by the City shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in areas with similar

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2909 E Bankhead Drive 2017

topography, land use, and population density. Lighting of roads, streets, and alleyways that may be positioned in a right-of-way, roadway, or utility company easement shall be maintained by the applicable utility company servicing the City pursuant to the rules, regulations, and fees of the utility.

F. Maintenance of Parks, Playgrounds and Swimming PoolsThe City Council is not aware of the existence of any parks, playgrounds or swimming pools now located in the area proposed for annexation. If parks, playgrounds, or swimming pools do exist and are public facilities, the City will maintain the areas to the same extent and degree that it maintains parks, playgrounds, swimming pools, and other similar areas of the City.

G. Maintenance of Publicly-Owned Facility, Building, or Municipal ServiceThe City Council is not aware of the existence of any publicly-owned facility, building, or municipal service now located in or serving the area proposed for annexation. If publicly-owned facilities, buildings, or municipal services do exist, the City will maintain the facilities and services to the same extent and degree that it maintains similar facilities and services in other similar areas of the City.

H. ElectricThe City Council is not aware of the existence of City-owned electric facilities now located in and serving the area proposed for annexation. Any City-owned electric facilities that exist in the area at the time of the proposed annexation shall continue to be maintained by the City to the same extent and degree that it maintains similar facilities and services in other similar areas of the City.

2. Program for construction or acquisition of any capital improvementsnecessary for providing municipal service for the area:

A. In General1. The City policy for extending water and wastewater service is to

extend service on an as required basis when development applications or subdivision plats are submitted to the City in accordance with the City’s subdivision and development ordinances and utility extension regulations.

2. Landowners may be required to fund capital improvements necessary to provide service in a manner consistent with Chapter 395, Texas Local Government Code. Nothing in this plan shall be interpreted to require a landowner within the newly annexed area to fund capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395 of the Local Government Code, unless otherwise agreed to by the landowner.

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2909 E Bankhead Drive 2017

3. There appear to be no public improvements of any kind other than existing State and county roads presently located in the area to be annexed.

B. Police and Fire Protection ServicesThe City Council finds and determines it to be unnecessary to acquire or construct any capital improvements for the purposes of providing police or fire protection services and that it has at the present time adequate facilities to provide the same type, kind, and level of protection and service which is presently being administered to other areas already incorporated in the City with the same or similar topography, land use, and population density, without reducing by more than a negligible amount the level of police or fire services provided within the corporate limits of the City.

C. Water Facilities and ServicesMunicipal water service is available through a 20” water main located in the public right-of-way of East Bankhead Highway on the southern boundary of the area proposed for annexation. Developers will be required to connect to the water main and extend service to the proposed development pursuant to the ordinances and utility policies of the City. Upon connection to existing mains, water will be provided at the rates established by the City.

D. Waste Water Facilities and ServiceMunicipal wastewater service is available through an 8” gravity wastewater main located along East Bankhead Highway, approximately 500 feet east of the area proposed for annexation. Developers will be required to extend and/or expand the wastewater main or facilities pursuant to the ordinances and utility policies of the City. Upon connection to existing mains, wastewater will be provided at the rates established by the City.

E. Roads and StreetsWhen development occurs within the area, maintenance of properly dedicated roads and streets will be consistent with the maintenance provided by the City to other roads and streets in areas of similar topography, land use, and development as the annexed area. Developers will be required pursuant to the ordinances of the City to provide internal and peripheral streets and to construct those streets in accordance with the specifications required by the City for a properly dedicated street. The City will undertake to provide the same degree of road and street lighting as is provided in areas of similar topography, land use, and population density within the present corporate limits of the City.

F. ElectricThe City of Weatherford Municipal Utility System has the ability to serve electric to the proposed annexation area determined by its certified electric service territory as granted by the Public Utility Commission of Texas. Anyelectric service provided would be according to the City’s most current Electric Service Policy.

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2909 E Bankhead Drive 2017

SPECIFIC FINDINGS

The City Council finds and determines that this proposed Service Plan will not provide any fewer services, and it will not provide a lower level of service in the area, including maintenance of infrastructure, proposed to be annexed than were in existence in the area at the time immediately preceding the annexation process, or within areas of the corporate limits of the City with similar topography, land use and population density, nor will it result in reduction the level of fire and police protection and emergency medical services provided within corporate limits before annexation.

Because of the differing characteristics of topography, land utilization and population density, the service levels which may ultimately be provided in the newly annexed area may differ somewhat from services provided to other areas of the City of Weatherford, Texas. These differences are specifically dictated because of differing characteristics of the property and the City of Weatherford, Texas will undertake to perform consistent with this contract so as to provide the newly annexed area with the same type, kind and quality of service presently enjoyed by the citizens of the City of Weatherford, Texas who reside in areas of similar topography, land utilization and population.

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