HomeMy WebLinkAboutContract 52173 CITY SECRETARY
At CONTRACT is 5173
3
RECEIVED
APR 2 3 2019 MUNICIPAL SERVICES AGREEMENT
CITY OF FORT WORTH BETWEEN THE CITY OF FORT WORTH,TEXAS AND
CITY SECRETARY
SCHWOB BUILDING COMPANY,LTD.
This Municipal Services Agreement ("Agreement") is entered into on 12 day of
lVj�kC# , Zak by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas, ("City") and Schwob Building Company, LTD.
("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 a-&area if each owner
of land in an area requests the annexation; qr �'�.�- � d.e L% IeA
10 Ex 141 to,f 3
WHEREAS, where the City elects to annex such an area,the City is r quired to enter into
a written agreement with the property owner(s) that sets forth the City service 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 12.419 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-19-003 ("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 d ,
c -e pr-7 440RECORD
r.�
Owner-Initiated Annexation Service Agreement N:r ECIMPRY
P�7 WORTH,TX
available municipal services to the Property in accordance with state law, which may be
accomplished through any means permitted by law. For purposes of this Agreement, "full
municipal services" means all services provided by the City within its 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
Owner-Initiated Annexation Service Agreement 2 of 9
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 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
Owner-Initiated Annexation Service Agreement 3 of 9
according to the laws of the State of Texas. The parties 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 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. 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 SCHWOB BUILDING COMPANY, LTD.
By: By:
Jesus "Jay" Chapa [Name of individual signing, title (if any)]
Assistant City Manager ���(���.e�� �Gl�r�i B ZDA00.
Approved as to Form and Legality:
��u�Aa I i�►1'1�S
Senior Assistant City Attorney _
Attest: R :
ry aye jt'.
City Secretary
Approvals:
M&C j_j(,,2Z 'a/R/19
Ordinance No.
H B lag S* ao 19-L-hv i s 5lo
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the Z,3 day of , 20 ,
by Jesus "Jay" Chapa,Assistant City Manager of the City of Fort Worth, a T xas municipal
corporation, on behalf of said corporation.
By:
Notary Public, State of Texas
°"i MARIA S.SANCHEZ
My Notary ID#2256490
Expires December 19,2021
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH TX
Owner-Initiated Annexation Service Agreement 5 0?9
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the 2 day of M �-�', , 20 Iel,
by of[Name of individual signing,title (if any)]
on behalf of said Schwob Building Compn��
♦♦� VyFtERq
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By. -..+� 2: 2 0 :r
Notary Public, State of Texas ':o'e OF
0*I :�rp 04-08.261♦�♦
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Owner-Initiated Annexation Service Agreement OFFICIAL RECORA
CITY SECRETARY
FT.WORTH,TX
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner-Initiated Annexation Service Agreement 7 oft
EXHIBIT A
a "This document was prepared under 22 TAC 663.21,does not reflect the results of on on the ground
sur vey,ond is not to be used t0 convey or establish interests in realproperty except those rights and
ifltKeSls implied or established by the creation or reconfiguration of the boundary Of the political
-- subdivision for which it was prepared."
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Vicinity Map . 8 "lotegrolparts of this document'
NTS 2 tExhibiptiOn
2.Exhibit
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Pa�rAt��dgy%t W
_ _ I State Highway 156
to Variable Width Right-of-way)
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Beginning d GS
Fort Worth "ETJ" tn¢PP�
Fort worth "ETJ"
Schwob Building Company. LTD.
2019-2149
5�;. 51 1tc R.P.R.D•C.T. 1t +fx
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Proposed Annexation of t �p�
12.419 Acres
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City cf Fort Worth Limits
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TO z A 94i S to'pP zoned "PD 944" *47 'tops,
4940
r z � � Proposed Annexation
of 12.419 Acres
ll P E LOTO N Situated in the W.Sample Survey, Abstract Number 1207
'
„i, and the W.Zeckular Survey,Abstract Number 1454,
'' L ,ND SOLUTIONS Tarrant County, Texas.
99WM LL M4WOOD TEXAS ARK SM562 JOB SW818001 DRAWN BY:D.Freeman CHECKED BY:T.Bridges DATE:12-18.18 PAGE#1 Of 1
76177 PM#Y.P FORT SUITE
2 3�350 If
\X��SWB+Baal_M156\Mrnto ev\_ vey� .mo.!s\ W t8 t_X dgn etW! t/i8J205 135U
Exhibit A,Owner-Initiated Annexation Service Agreement Page i'4
EXHIBIT A
ANNEXATION LEGAL DESCRIPTION
12.419-ACRES
BEING a tract of land situated in the W. Sample Survey,Abstract Number 1207 and the W Zeckular
Survey,Abstract Number 1454,Denton County,Texas, being all of that tract of land described by deed to
Schwob Building Company,Ltd.,recorded in Instrument Number 2019-2149,Real Property Records,
Denton County,Texas and being more Particularly described by metes and bounds as follows:
BEGINNING at the northwest corner of said Schwob Building Company tract, being the northeast corner
of that remainder tract of land described by deed to Jeanna Shelton recorded in instrument Number 1999-
115848, said Real Property Records,being the southwest corner of that tract of land described by deed to
the City of Fort Worth recorded in Instrument Number 2007-12250, said Real Property Records,known
as the south right-of-way line of State Highway 156(a variable width right-of-way);
THENCE S 78042'59"E, 866.45 feet,with the north line of said Schwob Building Company tract and
said south right-of-way line to the beginning of a curve to the left;
THENCE continuing with said common line and said curve to the left,an arc distance of 137.21 feet,
through a central angle of 03'1 T 13", having a radius of 2391.83 feet,the long chord which bears S
80021'36"E, 137.19 feet,to the northeast corner of said Schwob Building Company tract,being the
southeast corner of said City of Fort Worth tract and being the northwest corner of that remainder tract of
land described by deed to William Scott Wilson&Jerry Lee Wilson recorded in instrument Number
2018-3114, said Real Property Records;
THENCE S 00028'08"W,451.69 feet,departing said right-of-way line with the east line of said Schwob
Building Company tract and the west line of said William Scott Wilson&Jerry Lee Wilson tract to the
southeast corner of said Schwob Building Company tract and the southwest corner of said William Scott
Wilson&Jerry Lee Wilson tract,being in a north line of that tract of land described by deed to the City
of Fort Worth recorded in Instrument Number 2013-181167, said Real Property Records;
THENCE S 89047'14"W,987.81 feet,with the south line of said Schwob Building Company tract and
said north line of said City of Fort Worth tract(2013-181167)to the southwest corner of said Schwob
Building Company tract,being the southeast corner of aforementioned Jeanna Shelton tract;
THENCE N 00034'40"E,647.89 feet,departing said north line with the west line of said Schwob
Building Company tract and the east line of said Jeanna Shelton tract to the Point of Beginning and
containing 540,968 square feet or 12.419 acres of land more or less.
Exhibit A,Owner-Initiated Annexation Service Agreement Page)ofQ
EXHIBIT B
ANNEXATION INFRASTRUCTURE PLAN
Fn 31amig 4:19 FM
S Wong,Soon<Soon.Wong@fortworthtexas.gov>
FM 156 water extension
To 61eM C4ldwelt Perri Fst•b—, Rrle Rattner, Eddie F@a,% TarOM Connog Fred Faller, Jason Weaver Ken Davis; Bradley Sk—t cha-4r30/hi,mm
Cc Hard",ouidopbrr, chLBabulat,Wendn arwm arts wdsom Mort k Soo4 v4h* Pahl,1'ooesb
0row"fare tba metope an WIlf2a199t41 AM.
.: i#t 156 vneehoheedwdoprraraDNG „
2MB
Per the meeting March 6,2019,we toed left the meeting with this understanding.
• Per the consultant,the model(to be review by City indicated that theta is capacity on the water system If the connection Is off of the aidstt%12'waterline north east of the warehouse developmenL
• ALT 1(developer preferred alignment),Waterline extension from the existing 2r waterline to frontage of FM 156 will be 12'water plea-Developer will be responsible for this extenskm
• Developer and City participate to extend 24'waterline along the entire homage of FM Lie with city cost participation to upsize the waterline from 12'to 24'pipe and developer pays 12'water pipe.
• ALT 2(City preferred alignment?),this connection wM need further eneetb!g with Fohrstar.if this connection Is agreeable with Fourstar,a water matn cepecKV charge will assess to Alliance,Wlhm,Schwob
and Shelton Tract.The Water Main Capacity Charge Is to be determined by Water Deparunent staff.
If the ALT 2 connection is not►easPole,the dwabpar will still be able to prawed with the development by carvieeting to existing 32'waterline bested Northeast of the site and adand waterline along
entire frontage and dead end waterline on at the west and east property tubes.
• Ctty wig bop the waterline bade to the 24'waterline along the train tracts on the east of the development at a later time.
• If Developer chooses ALT1.City world still Oka to pursue the easement arc line extension as part of the developers CFA.with the city paying for the construction of the got,from the developers west
Property line to the connection point with the 24'line.
See attached PDF for the exhibit
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Extend 24 eater inn?twcMm eater easemenq '----------------------._...-..._.._.-..........__--_.
.and coed to 24 VMerhne ¢, �ALT1 Devebpats Watsr lea axaarhnhn
Assess!Eater Main Capacityy Charge .along the final Placed lot from" k
' - p,d agraedabie wnh Fovratw; "n NYtar Essamentl
_—'__—"-_-.---._. —__ Dw pays•1t Mel. �c
"`a` 4f C41'pays 12'to 24'WL-------
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Exhibit B,Owner-Initiated Annexation Service Agreement Page I of I
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/9/2019
DATE: Tuesday, April 9, 2019 REFERENCE NO.: L-16207
LOG NAME: 06MUNICIPAL SERVICES AGREEMENT, AX-19-003, OWNER-INITIATED
SUBJECT:
Authorize Execution of Municipal Services Agreement for the Proposed Owner-Initiated Annexation of
Approximately 12.42 Acres of Land in Denton County, Located North of Intermodal Parkway and South of
Highway 114 off of FM 156, in the Far North Planning Sector, AX-19-003 (FUTURE COUNCIL DISTRICT
7)
RECOMMENDATION:
It is recommended that the City Council execute the attached Municipal Services Agreement between the
City and property owner, Schwob Building Company, LTD., for the proposed owner-initiated annexation of
approximately 12.42 acres of land located north of Intermodal Parkway and south of Highway 114 off of
FM 156.
DISCUSSION:
On January 18, 2019, representatives of the property owner, Schwob Building Company, LTD., submitted
an application for full-purpose annexation. The 12.42 acres is situated in Denton County within the City of
Fort Worth extraterritorial jurisdiction, north of Intermodal Parkway and south of Highway 114 off of FM
156, see map Exhibit A. The proposed annexation area is currently vacant land. The property is
proposed for industrial uses, and the proposed zoning is "K" Heavy Industrial.
City Plan Commission voted, on February 27, 2019, to approve a recommendation to the City Council for
the full-purpose annexation of Alliance-156 Partners, LP, Tract, AX-19-003. This proposed owner-initiated
annexation has one companion case. The related zoning case (ZC-19-023) was heard by the Zoning
Commission on March 6, 2019. The case was continued to the May 8, 2019 Zoning Commission meeting.
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 (TLGC) 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
Logname: 06MLJNICIPAL SERVICES AGREEMENT, AX-19-003, OWNER-INITIATED Page 1 of 2
provided on the effective date of the annexation.
The municipal services agreement includes these provisions in accordance with state law.
Upon approval of the annexation request, the property affected by this Municipal Services Agreement will
become part of COUNCIL DISTRICT 7.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that based upon the proposed development, the annexation will have a
long-term positive impact to the General Fund.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Leo Valencia (2497)
ATTACHMENTS
1. Exhibit A- Map AX-19-003.pdf (Public)
2. Form 1295 Schwob AX-19-003 Redacted.pdf (Public)
3. MSA- Schwob Building Company LTD.pdf (Public)
Logname: 06MLNICIPAL SERVICES AGREEMENT, AX-19-003, OWNER-INITIATED Page 2 of 2