HomeMy WebLinkAboutContract 48550 CITY SECRETARY
CONTRACT NO. WM
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR
STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR
RECORD IN THE REAL PROPERTY RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S
LICENSE NUMBER
DEVELOPMENT AGREEMENT
TEXAS LOCAL GOVERNMENT CODE §§ 43.035 & 212.172
THIS AGREEMENT (the "Agreement") is made and entered into by and between the
City of Fort Worth,Texas,a home rule municipal corporation of the State of Texas located within
Tarrant, Denton, Johnson, Wise, and Parker Counties, Texas (hereinafter referred to as "City")
acting by and through its duly authorized City Manager, and the James F. Wiggins GST
Exempt Family Trust, the Edith Wiggins Martin GST Exempt Family Trust, the Shea Wiggins
GST Exempt Family Trust, the Courtney Wiggins GST Exempt Family Trust, and the Brynn
Wiggins GST Exempt Family Trust (hereinafter, collectively called the "Owner"), whether one or
more natural persons or other legal entities.
WHEREAS, the Owner is the owner of record of a parcel of real property, a total of
approximately 77.92 acres of land, as described in Exhibit A, hereinafter called "the
Property", is located within TARRANT County. The Property is located in the extraterritorial
jurisdiction ("BTJ") of the City and is subject to municipal annexation; and
WHEREAS, the City is considering beginning the process to institute annexation
proceedings for the Property; and
WHEREAS,the Property is appraised for ad valorem tax purposes as land for agricultural
or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as timber
land under Subchapter E of that chapter;
WHEREAS, the Texas Local Government Code § 43.035 provides that the City may not
annex property appraised for such purposes unless it first offers to make a development agreement
with the Owner pursuant to such section; and
WHEREAS, the City has notified the Owner of its intent to annex the Property and has
offered to enter into an agreement guaranteeing the continued extraterritorial status of the Property
upon the terms and conditions hereinafter provided; and
WHEREAS, the Owner desires to have the Property remain in the City's ETJ, in
consideration for which the Owner agrees to enter into this Agreement; and
WHEREAS, this Agreement is entered into pursuant and accordance to Sections
43.035 and 212.172 of the Texas Local Government Code, in order to address the desires of the
Owner and the procedures of the City; andN CP
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WHEREAS,the Owner and the City acknowledge that this Agreement runs with the land
and is binding upon the City and the Owner and owner's respective successors and assigns for the
term of this Agreement, as defined below; and
WHEREAS, this Development Agreement is to be recorded in the Real Property Records
of TARRANT County.
NOW THEREFORE, for and in consideration of the mutual covenants, conditions and
agreements contained in this Agreement, and other good and valuable consideration, the City and
Owner agree as follows:
1.Identification of the Property. The Property is described as the property owned by the
Owner within the boundaries of the area depicted in Exhibit A attached hereto and incorporated
herein by reference, more particularly described as approximately 77.92 acres situated in the
MATTHEWS, JAMES SURVEY ABSTRACT 1021 TRACT 5A, which are appraised for ad
valorem tax purposes as land for agricultural use.
2. Continuation of Extraterritorial Status. The parties intend that this Agreement
guarantee the continuation of the extraterritorial status as set forth herein. The Property shall not
be annexed and shall remain in the ETJ of the City for the term of this Agreement, as long as the
Property is not subdivided, the Property continues to be appraised for ad valorem tax purposes as
land for agricultural or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax
Code, or as timber land under Subchapter E of that chapter, except for existing single-family
residential use of the Property and the Owner is not in violation of this Agreement. This provision
does not prohibit annexation with the consent or upon initiation of the Owner.
3. Application of Municipal Regulations. Pursuant to Section 43.035(b)(1)(B) of the
Texas Local Government Code, all regulations and planning authority of the City that do not
interfere with the use of the land for agriculture, wildlife management or timber use may be
enforced with respect to the Property. Such regulations and planning authority may be enforced
as they now exist or may hereafter be established or amended.
The Owner consents and acknowledges that as of the effective date of this Agreement, the
enforcement of all regulations and planning authority of the City consists of, including, but not
limited to, subdivision development regulations, zoning regulations, building, mechanical,
plumbing, residential, energy and fire codes, building permit requirements, minimum building
standard codes, environmental protection and compliance and health codes, prohibitions on septic
tanks, the gas drilling and production ordinance and other City regulations as they currently exist
or may be enacted in the future.
Owner agrees that any subdivision plat or related development document for the area filed
with a governmental entity having jurisdiction over the Property will be in conformance with the
City's most recently adopted Comprehensive Plan. Owner agrees that any filing that is not in
conformance with the City's Comprehensive Plan will not be deemed a permit for the purposes of
the Texas Local Government Code Chapter 245.
WIGGINS-Dev.Agreemt.2016 Page 2 of 8
The Owner consents to the jurisdiction of the Municipal Court, Boards and Commissions
of the City of Fort Worth for the purpose of enforcing City Codes and regulations and prosecuting
criminal violations of City regulations on the Property.
4. No Vested Rights. This Agreement shall not be construed as a permit for purposes of
Chapter 245, Texas Local Government Code. Owner hereby waives any all claims under Section
43.002(a)(2) and Chapter 245 of the Texas Local Government Code that would otherwise exist by
virtue of any actions Owner has taken in violation of this Agreement.
5. Events that Terminate Immunity from Annexation. This Agreement is void if the
Owner either fails to continue to use the Property solely for agricultural, wildlife management or
timber use or subdivides or develops the Property in any manner that would require a plat of the
subdivision to be filed with any governmental entity having jurisdiction over the Property or both.
If the Property ceases to be appraised for agricultural, wildlife management or timber use or if the
Owner subdivides the Property as described in this section, then the City may annex the Property,
either in whole or in part,and such annexation shall be deemed to be with the consent of the Owner
for voluntary annexation.
6.Term. This Agreement shall terminate 5 years after the effective date of this Agreement
or upon annexation of the Property in conformance with this Agreement or Section 43.035 of the
Texas Local Government Code, whichever comes first. Upon termination,the City may annex the
Property, either in whole or in part or for full or limited purposes, and such annexation shall be
deemed to be with the consent of the Owner.
7. Agreement a Covenant Running With the Land. This Agreement shall be recorded
in the Real Property Records of the applicable county and shall be a covenant running with the
land binding upon all parties having any right, title or interest in the Property or any part thereof,
including their heirs, successors and assigns, and shall inure to the benefit of the owners of the
Property and to the City. This Agreement may not be revised or amended without the written
consent of both parties.
7. Notice. Prior to the sale or conveyance of any portion of the Property, the Owner shall
give written notice and a copy of this Agreement to the prospective purchaser or grantee, shall
provide a copy of such disclosure to the City. Furthermore, the Owner and the Owner's heirs,
successors, and assigns shall give the City written notice of any change in the agricultural
exemption status of the Property.
8. Form and Delivery of Notice. Any notice required or permitted under this Agreement
shall be in writing and shall be delivered in hand, by facsimile, or by registered or certified US
mail. Notice to the Owner may be addressed to Owner at the address indicated on the most recent
applicable county property tax roll for the Property. If more than one entity is named in this
Agreement, service of any notice shall be made to all of the entities at the address listed herein.
Any notice so given shall be deemed to have been received when deposited in the United States
mail so addressed with postage prepaid:
WIGGINS-Dev.Agreemt.2016 Page 3 of 8
CITY:
Fernando Costa, Assistant City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Facsimile Number: 817-392-6134
THE OWNER:
James F. Wiggins GST Exempt Family Trust
Edith Wiggins Martin GST Exempt Family Trust
Shea Wiggins GST Exempt Family Trust
Courtney Wiggins GST Exempt Family Trust
Brynn Wiggins GST Exempt Family Trust
c/o James F. Wiggins
3035 Jarrard Street
Houston, Texas 77005-3011
9. Frustration of Purpose. If any word, phrase, clause, sentence, paragraph, section or
other part of this Agreement is affected in whole or in part as a result of amendments to the
underlying statutory authority for this Agreement, or a final judicial decree for which all appeals
have expired or been exhausted, or if the Texas Legislature amends state law in a manner having
the effect of limiting or curtailing any right or obligation of the parties under this Agreement, then
the parties agree and understand that the purpose of this Agreement may be frustrated. In such
case, the parties agree to work in good faith to amend this Agreement so that the purposes of this
Agreement may be fully realized, including a delay in annexation or, if in conformance with
the terms of this Agreement, full purpose annexation, if necessary. Owner agrees not to protest
annexation of the Property in accordance with this Agreement, and further will not sponsor or
support legislation that would hinder the City's ability to annex any portion of the Property in
accordance with the provisions thereof.
10. Enforcement. This Agreement may be enforced by Owner or City by any proceeding
at law or in equity. Failure to do so shall not be deemed a waiver to enforce the Agreement
thereafter.
11. Provisions Severable. If any provision contained in this Agreement is held
unconstitutional, invalid or unenforceable, then the remaining provisions shall be deemed
severable and shall remain in full force and effect.
12. Governmental Powers. It is understood that by execution of this Agreement, the City
does not waive or surrender any of its governmental powers.
13. Captions. Captions and headings used in this Agreement are for reference purposes
only and shall not be deemed a part of this Agreement.
14.Amendment of Agreement. This Agreement cannot be modified or amended without
the written consent of all the parties and attached and made a part of this Agreement.
WIGGINS-Dev.Agreemt.2016 Page 4 of 8
15. Governing Law and Venue. Venue shall be in the state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas, Fort Worth
Division and construed in conformity with the provisions of Texas Local Government Code
§43.035.
IN WITNESS WHEREOF,the parties have signed and executed this Agreement effective
as of the date first set forth above.
[SIGNATURE PAGE TO FOLLOW]
WIGGINS-Dev.Agreemt.2016 Page 5 of 8
CITY OF FORT WORTH THE OWNER:
Fernando Costa James F. Wiggins, solely in his capacity as
Assistant City Manager Trustee of the James F. Wiggins GST Exempt
Family Trust
James F. Wiggins, solely in his capacity as
Investment Manager on behalf of Edith
Wiggins Martin, Trustee of the Edith Wiggins
Martin GST Exempt Family Trust
James F. Wiggi 1 y his capacity as
Investment Manager on ehalf of Shea
Wiggins Williford, Trustee of the Shea
Wiggins GST Exempt Family Trust
James F. Wiggins, so el in his capacity as
Investment Manager on behalf of Courtney
Wiggins Jones, Trustee of the Courtney
Wiggins GST Exempt Family Trust
James F. Wiggins, solely in his capacity as
Investment Manager on behalf of Brynn
Wiggins Denard, Trustee of the Brynn Wiggins
GST Exempt Family Trust
WIGGINS-Dev.Agreemt.2016 Page 6 of 8
Approved as to Form and Legality:
By: `-j�� I I���u;�V-c�
Melinda Ramos, Sr. Assistant City Attorney
ATTEST:
OF F0 ,
By:
Mary Kay.er, y ecret ry ;` 70
OFFICIAL RECORD
CITY SECRETARY
F'T.WORTH,T]
WIGGINS-Dev.Agreemt.2016 Page 7 of 8
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the " " day of , 201A,
by Fernando Costa, Assistant City Manager of the City of Fort Worth, a Tex unicipal
corporation, on behalf of said corporation.
E
Y p�bj TRIKINYA L JOHNSON By:a"''- Notar Publ' tate of Texas
4�sNotary Public,State of Texas;•PZ Comm.Expires 04-17-2018OF t����` Notary ID 1238832-0nn���
State of Texas
County of Harris §
This instrument was acknowledged before me on the If day of 67p P�� , 2016,
by of James F. Wiggins, solely in his capacity as Trustee of the James F. Wiggins GST Exempt
Family Trust, Investment Manager on behalf of Edith Wiggins Martin, Trustee of the Edith
Wiggins Martin GST Exempt Family Trust, Investment Manager on behalf of Shea Wiggins
Williford, Trustee of the Shea Wiggins GST Exempt Family Trust, Investment Manager on behalf
of Courtney Wiggins Jones, Trustee of the Courtney Wiggins GST Exempt Family Trust, and
Investment Manager on behalf of Brynn Wiggins Denard, Trustee of the Brynn Wiggins GST
Exempt Family Trust.
By:
o ublic, State of Texas
� V P
��.�P STEVEN G. KLAUS
x° Vic,:Notary Public,•State of Texas
`�'• 'Q� Comm.Expires 08-20-2020
Notarj ID 11630103
After Recording Return to:
City Secretary
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
WIGGINS-Dev.Agreemt.2016 Page 8 of 8
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M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTH
COUNCIL ACTION: Approved on 12/13/2016
REFERENCE ** 06DEVELOPMENT
DATE: 12/13/2016 NO.: C-28027 LOG NAME: AGREEMENTS AREAS 3-1
AND 73-2
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Development Agreements in Lieu of Annexation with Multiple
Property Owners for Property Located in Potential Annexation Areas 3-1, Located in
Denton and Tarrant Counties, North of Westport Parkway and East of Heritage Parkway
and 73-2, Located South of SH 114 and West of FM 156, AX-11-005, Adjacent to Council
District 7 (FUTURE COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Execute a Development Agreement between the City and multiple property owners for the
application of development standards in lieu of annexation for property in Area 3-1, located in Denton
and Tarrant Counties, North of Westport Parkway and East of Heritage Parkway, AX-11-013, in the
Far North Sector, future Council District 7; and
2. Execute a Development Agreement between the City and multiple property owners for the
application of development standards in lieu of annexation for property in Area 73-2, located South of
SH 114 and West of FM 156, AX-11-005, in the Far North Sector, future Council District 7.
DISCUSSION:
State law requires a municipality to offer Development Agreements in lieu of annexation to property
owners who maintain a current agricultural tax exemption on property considered for annexation. If a
Development Agreement is signed, the property will retain its extraterritorial jurisdiction status until it
loses its agricultural exemption or the Development Agreement expires, whichever comes first.
The five-year annexation program identifies two areas for annexation consideration this year where
property owners have opted for Development Agreements in lieu of annexation, Areas 3-1 and 73-2.
Approximately 491 acres of land in Area 3-1, located in Denton and Tarrant Counties, North of
Westport Parkway and East of Heritage Parkway, qualify for a Development Agreement in lieu of
annexation, as shown on Exhibit A. The City has received signed contracts from the Lutheran
Church Extension Fund-Missouri Synod, the Mount Olivet Cemetery Association, David Day, James
Wiggins, Marzelle Harkness, Raymond Short, and Steven Short.
Also, approximately 852.04 acres of land in Area 73-2, located South of SH 114 and West of FM 156,
in Denton County qualify for the Development Agreement in lieu of annexation, as shown on Exhibit
B. The City has received signed contracts from Doris Fenner, Bradley Judge, Jeffrey Judge and
Anthony Peterson.
The affected property owners were offered and, by signing, elected to renew their Development
Agreements in lieu of annexation. The Development Agreement will provide for the enforcement of
development regulations including: zoning and subdivision ordinances in accordance with the
Comprehensive Plan, municipal building, mechanical, plumbing, residential, energy and fire codes,
building permit requirements, minimum building standard codes, environmental protection/compliance
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24157&councildate=12/13/2016 1/9/2017
M&C Review Page 2 of 2
and health codes, prohibitions on septic tanks, gas drilling and production ordinance and other City
regulations as they currently exist or may be enacted in the future. Additionally, the owners' consent
to the jurisdiction of the City' s Municipal Court, boards and commissions to enforce City codes and
regulations, as well as prosecuting criminal violations of City regulations. The Development
Agreement requires the properties to be generally in compliance with development standards within
the City limits.
Areas 3-1 and 73-2 are adjacent to COUNCIL DISTRICT 7.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Leo Valencia (6942)
ATTACHMENTS
Exhibit - Map Area 3-1.pdf
Exhibit - Map Area 73-2.pdf
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24157&councildate=12/13/2016 1/9/2017