HomeMy WebLinkAboutContract 51327 k
RECENED CITY SECRETAR`f
SEP 28 2018 CONTRACT NO.
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Clv�mR 0914 MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS
AND ROANOKE RANCH & INVESTMENT,L.P.
This Municipal Services Agreement ("Agreement") is entered into on 20th day of
July , _2018 by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas, ("City") and Roanoke Ranch & Investment, L.P.
("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, the City is currently classified as a Tier 2 municipality for purposes of
annexation under the Texas Local Government Code ("LGC");
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 76.713 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-18-004 ("Annexation Case");
WHEREAS, City and Owner desire to set out the City services to be provided for the
Property on or after the effective date of annexation;
WHEREAS,the Annexation Case and execution of this Agreement are subject to approval
by the Fort Worth City Council; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, City and Owner agree as follows:
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 a law, which may be
OFFICIAL RECORD
Owner-Initiated Annexation Service Agreement CITY SECRETARY 1 of 9
FT.WORTH,TX
accomplished through any means permitted by law. For purposes of this Agreement, "full
municipal services" means all services provided by the City within its full-purpose
boundaries, including water and wastewater services and excluding gas or electrical service.
3. MUNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the municipal services
set forth below. As used in this Agreement, "providing services" includes having
services provided by any method or means by which the City may extend municipal
services to any other area of the City, including the City's infrastructure extension
policies and developer or property owner participation in accordance with
applicable city ordinances,rules, regulations, and policies.
i. Fire — The City's Fire Department will provide emergency and fire protection
services.
ii. Police — The City's Police Department will provide protection and law
enforcement services.
iii. Emergency Medical Services — The City's Fire Department and MedStar (or
other entity engaged by the City after the Effective Date)will provide emergency
medical services.
iv. Planning and Zoning—The City's Planning and Development Department will
provide comprehensive planning, land development, land use, and building
review and inspection services in accordance with all applicable laws, rules,
and regulations.
v. Parks and Recreational Facilities. Residents of the Property will be permitted
to utilize all existing publicly-owned parks and recreational facilities and all such
facilities acquired or constructed after the Effective Date (including community
service facilities, libraries, swimming pools, etc.), throughout the City. Any
private parks, facilities, and buildings will be unaffected by the annexation;
provided, however, that the City will provide for maintenance and operation of
the same upon acceptance of legal title thereto by the City and appropriations
therefor. In the event the City acquires any other parks, facilities, or buildings
necessary for City services within the Property, the appropriate City department
will provide maintenance and operations of the same.
vi. Other Publicly Owned Buildings. Residents of the Property will be permitted
to use all other publicly owned buildings and facilities where the public is
granted access.
vii. Stormwater Utility Services — The Property will be included in the City's
Stormwater Utility service area and will be assessed a monthly fee based on the
amount of impervious surface. The fees will cover the direct and indirect costs
of stormwater management services.
viii. Roads and Streets (including Street lighting.) — The City's Transportation and
Public Works Department will maintain the public streets and streetlights over
which the City has jurisdiction. The City will provide regulatory signage
services in accordance with the City policies and procedures and applicable
laws.
ix. Water and Wastewater to Existing Structures. Occupied structures that are
using water-well and on-site sewer facilities on the Effective Date may continue
Owner-Initiated Annexation Service Agreement 2 of 9
to use the same. If a property owner desires to connect an existing structure to
the City water and sewer system, then the owner may request a connection and
receive up to 200 linear feet of water and sewer extension at the City's cost for
each occupied lot or tract in accordance with the City's "Policy for the
Installation of Community Facilities" and applicable law. Once connected to
the City's water and sanitary sewer mains, the water and sanitary sewage
service will be provided by the City at rates established by City ordinances for
such service.
x. Solid Waste Services—The City will provide solid waste collection services in
accordance with existing City ordinances and policies, except where prohibited
by law.
xi. Code Compliance — The City's Code Department will provide education,
enforcement, and abatement relating to code violations within the Property.
xii. Full Municipal Services — Commencing on the Effective Date, the City will
provide to the Property all services provided by the City within its full-purpose
boundaries and not otherwise listed above, except as provided in Section 3(b).
b. The City will provide water service and wastewater treatment service to developments
established after the Effective Date in accordance with, and on the schedule
determined by, the City's extension policies and applicable law and at rates
established by City ordinances for such services.
c. It is understood and agreed that the City is not required to provide a service that is
not included in this Agreement.
d. Owner understands and acknowledges that the City departments listed above may
change names or be re-organized by the City Manager. Any reference to a specific
department also includes any subsequent City department that will provide the same
or similar services.
4. SERVICE LEVEL. The City will provide the Property with a level of services,infrastructure,
and infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the City with topography, land use, and
population density similar to those reasonably contemplated or projected for the Property.
5. AUTHORITY. City and Owner represent that they have full power, authority and legal right
to execute, deliver and perform their obligations pursuant to this Agreement. Owner
acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City
Council.Nothing in this Agreement guarantees favorable decisions by the City Council.
6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to
be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability
will not affect the validity of any other part,term or provision,and the rights of the parties will
be construed as if the part,term, or provision was never part of the Agreement.
7. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation
relating to this Agreement, the terms and conditions of the Agreement will be interpreted
according to the laws of the State of Texas. The parties acknowledge that they are of equal
Owner-Initiated Annexation Service Agreement 3 of 9
bargaining power and that each of them was represented by legal counsel in the negotiation
and drafting of this Agreement.
8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division and construed in conformity with the provisions of Texas Local Government
Code Chapter 43.
9. NO WAIVER. The failure of either party to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted hereunder shall not constitute a
waiver of that party's right to insist upon appropriate performance or to assert any such right
on any future occasion.
10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the
City does not waive or surrender any of its governmental powers or immunities.
11. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each
of which shall be deemed an original and constitute one and the same instrument.
12. CAPTIONS. The captions to the various clauses of this Agreement are for informational
purposes only and shall not alter the substance of the terms and conditions of this Agreement.
13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH THE
LAND. This Agreement is binding on and inures to the benefit of the parties,their successors,
and assigns. The term of this Agreement constitutes covenants running with the land
comprising the Property, is binding on the Owner and the City, and is enforceable by any
current or future owner of any portion of the Property.
14. ENTIRE AGREEMENT. Except as provided in Section 15, this Agreement constitutes the
entire agreement between the parties and supersedes all prior oral and written agreements
between said parties. This Agreement shall not be amended unless executed in writing by both
parties.
Executed as of the day and year first above written to be effective on the effective date of
annexation of the Property.
Owner-Initiated Annexation Service Agreement 4 of 9
CITY OF FORT WORTH ROANOKE RANCH &
INVESTMENT,L.P.
` [Signature block of entity, if applicable]
/ 4
By. By:
Jesus "Jay" Chapa NarneQican Christine Thompson
Assistant City Manager Title: Limited Partner
Approved as to Form and Legality:
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Senior Assistant City Attorney
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Attest: '
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Mary Kayser
City Secretary
Approvals:
M&C
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RECORDRETARYTH, TX
Owner-Initiated Annexation Service Agreement 5 of 9
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the day of , 20_,
by Jesus "Jay" Chapa, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
By:
Notary Public, State of Texas
State of Texas §
County of_C)et §
This instrument was acknowledged before me on the 2l day of , 20L
by iiS�&'C- of[Name of individual signing,title (if any)]
on behalf of said &aCwtY7e 141✓' 1-P [insert name of company or individual where
applicable .
By:
PATRICIA A. DAVIS
Notary Public, State of Texas
v��a',sNotary Public, State of Texas
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Z Comm' Expires 04-19-2020
Notary ID 1838003
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Owner-Initiated Annexation Service Agreement 6 of 9
EXHIBIT A
N 8914'28" E 1255.89'
LIMITS OF CITY !; FORT WORTH
LZ�a'UIVT�Y
ROANOKE RANCH AND INVESTMENT CO.
i (DOC. NO. 1993-49593)
0 250 500 1000
RESIDUE OF n
GRAPHIC SCALE IN FEET N 00'01'17" El LOT 3, BLOCK 1 0)
1527.59`x` ONE 14 SUBDIVISION
(CAB. H, PG. 177)
_ — w
_ LEGEND 76.713 ACRES 00
_ PROPERTY LINE (3,341,633 SF) r
EASEMENT LINE _
O POINT FOR CORNER
(UNLESS OTHERWISE NOTED) DEED LINE O0
(C.M.) - CONTROLLING MONUMENT
P aB - POINT OF BEGINNING - N
P.D.0 - POINT OF COMMENCING N O I rn N
OHO Z ( 2i0
08
A-i C 0;on
T 0 < S 89'57'24" IN
�' 344.47' ` n
N 00'24'25" W RESIDUE OF
1633.23- ROANOKE RANCH AND W
INVESTMENT COMPANY I
(VOL. 3308, PG. 253) p
d' 01
S 89'57'24" W n
N 89'5712" W
442.49' W
471.01'
l °° � I I
P.0.
STATE HWY N4. 114N 8442.43 WJI-i—iWPI.O.C
This document was prepared under 22 TAC663.21, 442.49'
does not reflect the results of an on the ground
survey, and is not to be used to convey or
establish interests in real property except those NOTES:
rights and interests implied or established by the
creation or reconfiguration of the boundary of OF 1. A metes and bounds description of even
E
the political subdivision for which this was P��ti . rF:, survey date herewith accompanies this plat
prepared. y~•e`�� c'� of survey.
MICHAEL*LARRY LEIMSJR. 2. Bearing system for this survey is based on
the Texas Coordinate System of 1983 (2011
.......... ............
v,�+ adjustment), North Central Zone 4202. based
/ 'A
�, ggtO`?ya on observations made on January 31, 2018
Registered Professiono
Michael Larry L to D SUR`1� with a combined scale factor of
si
Land Surveyor No. 5773 1.000150630.
6100 WESTERN PLACE, SUITE 1001 EXHIBIT •A•
Pacheco Koch
FORT WORTH. TX 76407 817.412.715512.12.r� PART OF LOT 3, BLOCK 1
TX REG. ENGINEERING FIRM F-469 ONE 14 SUBDIVISION TX REG. SURVEYING FIRM LS-10008001
JAMES SMITH SURVEY, ABSTRACT NO. 1149,
DRAWN BY CHECKED BY SCALEair= .AOe MAIRWR DENTON COUNTY, TEXAS
DRI RMT/MLL 1-=500' 07/09/2018 1 1597-18.052
Owner-Initiated Annexation Service Agreement 7 of 9
EXHIBIT A
Part of Lot 3, Block 1,One 14 Subdivision
James Smith Survey,Abstract No. 1149
Denton County,Texas
DESCRIPTION, of a 76.713 acre tract of land situated in the James Smith Survey, Abstract No.
1149, Denton County, Texas; said tract being the residue of Lot 3, Block 1, One 14 Subdivision, an
addition to Denton County, Texas according to the plat recorded in Cabinet H, Page 177 of the Plat
Records of Denton County, Texas; said tract being all of that tract of land described in Special
Warranty Deed to Roanoke Ranch and Investment Co. recorded in Document Number 1993-49593
of the Deed Records of Denton County, Texas; and being a part of that tract of land described in
Warranty Deed to Roanoke Ranch and Investment Company recorded in Volume 3308, Page 253
of the Deed Records of Denton County, Texas; said 76.713 acre tract being more particularly
described as follows:
COMMENCING, at the southeast corner of Lot 4, Block 1, One 14 Subdivision, an addition to the
City of Fort Worth, Texas according to the plat recorded in Document Number 2010-80 of said Plat
Records; said point being in the north right-of-way line of State Highway No. 114 (a variable width
right-of-way);
THENCE, North 89 degrees, 59 minutes, 43 seconds West, along the said north line of State
Highway No. 114, a distance of 442.49 feet to a point at the southwest corner of said Lot 4; said
point being in an east line of said Lot 3 and the POINT OF BEGINNING of this tract of land;
THENCE, North 89 degrees, 57 minutes, 12 seconds West, continuing along the said north line of
State Highway No. 114, a distance of 471.01 feet to a point for corner in the west line of said Lot 3;
said point being the southeast corner of that tract of land described in Special Warranty Deed to
Double Eagle All Storage, LLC recorded in Document Number 2017-153574 of the Official Records
of Denton County, Texas;
THENCE, North 00 degrees, 24 minutes, 25 seconds West, departing the said north line of State
Highway No. 114 and with the said west line of Lot 3, a distance of 1,633.23 feet to an angle point;
THENCE, North 00 degrees, 01 minutes, 17 seconds East, continuing with the said west line of Lot
3, a distance of 1,527.59 feet to a for corner at the northwest corner of said Lot 3; said point being
in a south line of Texas Motor Speedway, an addition to the City of Fort Worth, Texas according to
the plat recorded in Cabinet V, Page 493 of said Plat Records;
THENCE, North 89 degrees, 14 minutes, 28 seconds East, with the north line of said Lot 3, a
distance of 1,255.89 feet to a point for corner at the northeast corner of said Lot 3; said point being
in a west line of said Texas Motor Speedway;
THENCE, South 00 degrees, 14 minutes, 18 seconds East, with the east line of said Lot 3, a
distance of 1,917.24 feet to a point for corner at the most easterly southeast corner of said Lot 3;
said point being the northeast corner of Lot 2R of said Block 1 of plat recorded in said Cabinet H,
Page 177;
THENCE, South 89 degrees, 57 minutes, 24 seconds West, a distance of 344.47 feet to a point for
an inner ell corner in the south line of said Lot 3; said point being the northwest corner of said Lot
2R;
THENCE, South 00 degrees, 14 minutes, 18 seconds East,with an east line of said Lot 3, a distance
Owner-Initiated Annexation Service Agreement 8 of 9
of 769.40 feet to a point for corner; said point being the northeast corner of said Lot 4;
THENCE, South 89 degrees, 57 minutes, 24 seconds West, with a south line of said Lot 3, a
distance of 442.49 feet to a point for corner; said point being the northwest corner of said Lot 4;
THENCE, South 00 degrees, 14 minutes, 18 seconds East, with an east line of said Lot 3 and the
west line of said Lot 4, a distance of 490.59 feet to the POINT OF BEGINNING;
CONTAINING: 3,341,633 square feet or 76.713 acres of land, more or less.
Owner-Initiated Annexation Service Agreement 9 of 9
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/11/2018
DATE: Tuesday, September 11, 2018 REFERENCE NO.: L-16143
LOG NAME: 06MUNICIPAL SERVICES AGREEMENT, AX-18-004, OWNER-INITIATED
SUBJECT:
Authorize Execution of Municipal Services Agreement for the Proposed Owner-Initiated Annexation of
Approximately 76.713 Acres of Land in Denton County, Located North and Along Highway 114, West of I-
35 and East of FM 156, in the Far North Planning Sector, AX-18-004 (FUTURE COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council execute the attached Municipal Services Agreement between the
City and property owners, Roanoke Ranch and Investment Limited Partnership for the proposed owner-
initiated annexation of approximately 76.713 acres of land located north and along Highway 114, west of I-
35 and east of FM 156.
DISCUSSION:
On July 9, 2018, representatives of the property owners Stream Realty Acquisition, LLC submitted an
application for full-purpose annexation. The 76.713 acres is situated in Tarrant County within the City of
Fort Worth extraterritorial jurisdiction, north and along Highway 114, west of 1-35 and east of FM 156, see
map exhibit A. The proposed annexation area is currently mostly vacant land with one gas pad site. The
property is proposed for industrial type development, and the proposed zoning is "K" Heavy Industrial.
The City Plan Commission voted on August 22, 2018 to recommend full-purpose annexation of this area
to City Council. The companion zoning case (ZC-18-134) went to the Zoning Commission on August 8,
2018. The commission recommended approval, and the zoning case is scheduled for City Council action
immediately following the annexation action on September 11, 2018.
The proposed use was considered while assessing the financial impact to the General Fund. The City tax
revenue is expected to have a positive fiscal impact over the next 10 years after the proposed
development is built. Based on operating costs projected from the Police, Code Compliance and
Transportation and Public Works Departments, the fiscal impact shows a slightly negative annual effect to
the General Fund for the first year, but will have a positive impact thereafter.
Subchapter C-3 of Chapter 43 of the Texas Local Government Code (LGC) provides for the process of
annexation of an area upon a request of an owner of land. Section 43.0672 of the LGC requires a
municipality that elects to annex an area upon the request of an owner first negotiate and enter into a
written agreement with the owners of land in the area for the provision of municipal services.
The agreement must include:
(1) a list of each service the municipality will provide on the effective date of the annexation, and
(2) a schedule that includes the period within which the municipality will provide each service that is not
provided on the effective date of the annexation.
Logname: 06MUNICIPAL SERVICES AGREEMENT, AX-18-004, OWNER-INITIATED Page 1 of 2
The municipal services agreement includes these provisions in accordance with state law.
The property affected by this Municipal Services Agreement is adjacent to COUNCIL DISTRICT 7.
FISCAL INFORMATION /CERTIFICATION:
As reported by the Planning and Development Department, Revenue after the proposed development
occurs is projected to have a positive impact to the General Fund when compared to the costs of the
Police, Code Compliance, and Transportation and Public Works Department over the next ten years.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID YearF (Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's OfficebX Jay Chapa (5804)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Leo Valencia (2497)
ATTACHMENTS
1. Exhibit A - Map AX-18-004.12df (Public)
2. Form 1295.pdf (Public)
3. Municipal Services Agreement.Pdf (Public)
Logname: 06MUNICIPAL SERVICES AGREEMENT, AX-18-004, OWNER-INITIATED Page 2 of 2
L.- 1
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
1of1
Complete Nos.l-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-382690
Roanoke Ranch&Investment,L.P.
Dallas,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/20/2018
being filed.
City of Fort Worth Date Ackno -ledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
AX-18-004
Municipal Services Agreement pursuant to local government code 43.0671 governing annexation of 76.713 acres of land.
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
J.Cleo Thompson Petroleum Management,L.L.C. Dallas,TX United States X
Thompson, Dorothy Dallas,TX United States X
Gordon,Linda Dallas,TX United States X
Thompson,Jean Dallas,TX United States X
5 Check only if there is NO Interested Party. ❑
6 UNSWORN DECLARATION
My name is Jean Christine Thompson and my date of birth is 11/23/1969
My address is 325 N- Sr- Paul , Suitt- 440 nal lac TX 75201 TISA
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in Dallas County, State of Texas on the 20tlbay of July 20 18
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711