HomeMy WebLinkAboutContract 52717 CITY SECRETARY
�ti��oQ�y CONTRACT NO. cJ 2-7 17
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS
AND NP-OV FORT WORTH PROJECT 1,LLC
This Municipal Services Agreement ("Agreement") is entered into on the _ day of
August, 2019 by and between the City of Fort Worth,Texas, a home-rule municipality
of the State of Texas,("City")and NP-OV Fort Worth Project 1, LLC ("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 in the aggregate consist of approximately 74.773 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-19-001 ("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
Owner-Initiated Annexation Service Agreement OFFICIAL RECORD
CITY SECRETARY
FT. WORT8,,6`X0
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 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
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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 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
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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 bargaining power and that each of them was represented by legal counsel in
the negotiation and drafting of this Agreement.
B. 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
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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 terms of this Agreement constitute covenants running with the land
comprising the Property, are binding on the Owner and the City, and are 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 with
regard to the subject matter of this Agreement. 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.
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CITY OF FORT WORTH PROPERTY OWNER
B62y_ 4 NP-OV FORT WORTH PROJECT 1, LLC,
Dana Burgh off �� a Delaware limited liability company
Assistant City Manage
By: NPD MANAGEMENT, LLC, a
Missouri limited liability company,
in its capacity as Manager
By:
Name: Natha gedorn
Title: Manag
Approved as to Form and Legality:
Senior Assistant City Attorney
Att st: rCY :��;
Mary Kayser g ;,<
City Secretary
Approvals:
M&C �- kl 6100
Ordinance No 23135-08-20h
tags ao1� - �0� t��
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, Tx
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State of Texas §
County of Tarrant §
Aq/
�, , his_instrument was acknowledged before me on the�day off 2019, by
� i ghdoff,Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
i
<By: 'e�' MARIA S.SANCHEZ
{ {= My Notary ID 2256490
Notary Public State of Texas '��. `y=
:E+' Expires December 19,2021
OF
State of l7 (\ §
County of §
5�
This instrument was acknowledged before me on the day of August, 2019, by
Nathaniel Hagedorn, Manager of NPD MANAGEMENT, LLC,a Missouri limited liability
company, in its capacity as Manager of NP-OV FORT WORTH PROJECT 1, LLC, a Delaware
limited liability company, on behalf of said Delaware limited liability company.
4�ft
HEATHER R.PFENDES alNotary Public-NotaryBy' clay county-state of Missouricommission Number 15633521Notary Public, State oU My Commission Expires Feb 24,2023
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
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Exhibit A
Legal Description of the Property
BEING a tract of land situated in the A. King Survey,Abstract No. 710, the W. Sample Survey,
Abstract No. 1207, the L. Butler Survey,Abstract No. 64, and the A. Robertson Survey,
Abstract No. 1553, Denton County,Texas and being part of that certain tract of land
described by deed to M.T. Cole Family Partnership Number 2, LP, recorded in Instrument
Number 2009-102749, Deed Records, Denton County,Texas, said tract of land being more
particularly described by metes and bounds as follows:
COMMENCING at a point in the northerly right-of-way line of F.M. 156 (variable width public
right-of-way), recorded in Instrument Number 2007-110923, Deed Records, Denton County,
Texas, the southeast corner of Lot 4, Block 1, Dave Addition, an addition to the City of Fort
Worth, according to the plat recorded in Instrument Number 2018-152, Plat Records, Denton
County, Texas, in a non-tangent curve to the left having a central angle of 15°36'59", a radius
of 2,964.79 feet, a chord bearing and distance of South 84°36'55" West- 805.57 feet and from
which a found 1/2" iron rod with cap stamped "SPIARS ENG" bears South 80°58'17" East, a
distance of 0.90 feet;
With the north right-of-way line of said F.M. 156 the following courses and distances:
With said non-tangent curve to the left in a southwesterly direction, an arc length of
808.07 feet to a point for the most southerly southwest corner of said Lot 4, Block 1,
Dave Addition, being in centerline of Elizabeth Creek and the POINT OF BEGINNING
of herein described tract of land and the beginning of a non-tangent curve to the left
having a central angle of 05°26'35",a radius of 2,964.79 and a chord bearing and
distance of South 74°05'09" West- 281.54 feet;
With said non-tangent curve to the left in a southwesterly direction, an arc length of
281.65 feet to a point;
South 81°12'39" West, a distance of 106.20 feet to a point for the beginning of a non-
tangent curve to the left having a central angle of 26°37'57", a radius of 2,984.79 feet and
a chord bearing and distance of South 56°02'18" West- 1,374.95 feet;
With said non-tangent curve to the left in a southwesterly direction, an arc length of
1,387.40 feet to a point;
South 47°16'39" East, a distance of 20.00 feet to a point for the beginning of a non-
tangent curve to the left having a central angle of 01°11'35", a radius of 2,964.79 feet and
a chord bearing and distance of South 42°07'32" West- 61.73 feet;
With said non-tangent curve to the left in a southwesterly direction, an arc length of
61.73 feet to a point;
South 41°31'45" West, a distance of 2,286.16 feet to a point for the beginning of a curve
to the left having central angle of 00°50'15", a radius of 4,683.66 feet and a chord
bearing and distance of South 41°06'37" West- 68.46 feet;
With said curve to the left in a southwesterly direction, an arc length of 68.46 feet to a
point in the northerly right-of-way line of said F.M. 156;
THENCE North 47°51'10" West, departing the northerly right-of-way line of said F.M. 156,
crossing into said M.T. Cole Family Partnership No. 2, LP, a distance of 102.37 feet to a point;
THENCE North 41°00'36" West, a distance of 100.72 feet to a point;
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1
Exhibit A
Legal Description of the Property
THENCE North 47°51'10" West, a distance of 888.32 feet to a point;
THENCE North 41°31'45" East, a distance of 1,171.00 feet to a point;
THENCE North 19°04'13" East, a distance of 117.80 feet to a point;
THENCE North 41°31'45" East, a distance of 75.59 feet to a point;
THENCE North 63°59'17" East, a distance of 117.80 feet to a point;
THENCE North 41°31'45" East, a distance of 888.30 feet to a point in the southerly line of a
certain tract of land described in deed to Forestar (USA) Real Estate Group, Inc, recorded in
Instrument Number 2018-27156, Deed Records, Denton County, Texas and the approximate
centerline of Elizabeth Creek;
THENCE with the approximate centerline of said Elizabeth Creek and with the southerly line
of said to Forestar (USA) Real Estate Group, Inc. tract the following courses and distances:
South 61°35'42" East, a distance of 77.25 feet to a point;
South 75°35'06" East, a distance of 572.39 feet to a point;
North 77°13'32" East, a distance of 487.75 feet to a point;
North 29°10'18" East, a distance of 163.71 feet to a point;
South 80°48'42" East, a distance of 175.36 feet to a point;
North 67°02'13" East, a distance of 406.53 feet to a point;
North 4737'34" East, a distance of 257.66 feet to a point;
North 36°41'52" East, a distance of 119.87 feet to a point;
North 80°04'54" East, a distance of 80.79 feet to a point;
South 55°06'26" East, a distance of 248.69 feet to a point;
South 04°57'53" East, a distance of 134.41 feet to a point;
South 65°53'00" East, a distance of 67.91 feet to the POINT OF BEGINNING and
containing a calculated area of 3,257,120 square feet or 74.773 acres of land.
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/06/19 M&C FILE NUMBER: M&C L-16203
LOG NAME: 0606MUNICIPAL SERVICES AGREEMENT,AX-19-001,OWNER-INITIATED
SUBJECT
Authorize Execution of Municipal Services Agreement for the Proposed Owner-Initiated Annexation of Approximately 115.026 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-19-001
(FUTURE COUNCIL DISTRICT 7)(Continued from a Previous Meeting)
RECOMMENDATION:
It is recommended that the City Council execute the attached Municipal Services Agreement between the City and property owner,NP-OV Fort
Worth Project 1,LLC,for the proposed owner-initiated annexation of approximately 115.026 acres of land located north of Intermodal Parkway and
south of Highway 114 off of FM 156.
DISCUSSION:
On January 9,2019, representatives of the property owner NP-OV Fort Worth Project 1,LLC,submitted an application for full-purpose
annexation. The 115.026 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 recommend full-purpose annexation of the NP-OV Fort Worth Project 1, LLC,Tract to City
Council. The companion zoning case(ZC-19-039)went to the Zoning Commission on March 6,2019. The commission recommended approval,
and the zoning case is scheduled for City Council action immediately following the annexation action on April 9,2019. Approximately 35.589
acres of right-of-way of abutting the property is also scheduled to be annexed on April 9,2019.
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 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.
Submitted for City Manager's Office by Jay Chapa 5804
Originating Business Unit Head: Randle Harwood 6101
Additional Information Contact: Leo Valencia 2497