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HomeMy WebLinkAboutContract 52819 CITY TARY a ��voo6' C NTRA TENO. � -,1�o 4- MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH,TEXAS AND AIL INVESTMENT, L.P./AIL WEST, LLC. This Municipal Services Agreement ("Agreement") is entered into on day of by and between the City of Fort Worth, Texas, a home-rule multTiciipality of the State of Texas,("City") and AIL Investment, L.P. / AIL West, 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 consists of approximately 460.186 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-19-009 ("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 Agree livery of full, OFFICI t REFT. WORTHCORD I SERETRY Owner-Initiated Annexation Service Agreement 1 of 7 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 li tiny)— 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 7 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 7 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 7 CITY OF FORT WORTH PROPERTY OWNER AIL INVESTMENT, L.P. a Texas limited partnership By: By: AIL GP, LLC, LyrAssistant City Manager a Texas limited liability company, its general partner VIU By: 7' Name: ' Title: e4c�t ►'t AND Approved as to Form and Legality: AIL West,LLC, a Texas limited 'ability company By: Name: I Senior Assistant City Attorney Title: Ina Attest: 1:. lAl , Miry Kayser L11 J City Secretary °• :jf cis •��r' Approvals: Ordinance No. ` -- STATE OF TEXAS § COUNTY OF TARRANT § �aT in t t was acknowledged before me on the day of 2019, by , Assistant City Manager of the City of Fort Worth, a Te s municipal corporation, on behalf of said corporation. By,. ��SpRYF e, �� N: k1ARIA S,SAP,�C 6 Notary Public, State of Texas of, my�Qf"�tD*2256490 L� ,.,,.� EXATes DecPmbe�19, --.., 2021 OFFICIAL RECORD CITY SECRETARY Owner-Initiated Annexation Service Agreement Fr WORTH, TX 5 of 7 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on , 2019, by L. Russell Laughlin, Executive Vice President of AIL GP, LLC, a Texas lima ed liability company, on behalf of said limited liability company, in its capacity as general partner of AIL Investment, L.P., a Texas limited partnership, on behalf of said limited partnership. y PU�j� LORI LYNN BOWLING Notary Public.State of Texas 4(t�e VWV1 ` Comm.Expires 10-17-2019 Notary!D 124717681 Notary Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the-a- day of , 2019, by ` ILM of AIL West, LLC, Texas limited liability company, on behalf of said comp ny. K U)Uii0a7 i� JESSICA K. WALLACE p\P Ve i :Notary Public,State of Texas �Nj.•, •Q Comm.Expires 05-13-2022 No ry Public, State of Texas /'.,�`„'Di„`\+\ Notary ID 128268587 After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Owner-Initiated Annexation Service Agreement 6 of 7 EXHIBIT A m b N 3 NW. temple Survey• swoope z i Abet. No. 1"? 0 1000 2000 *9' o GRAPHIC SCALE IN FEET 1nt twDeseF9 ion 1A2-P�t •/ / ` E 21-~ / q L.A. Nutter Survey / Abet. No. 64 etYatri dr' / AIL Investment,LP e it / INST.w 2019-15666 R.P.R.D.C.T. _asp°r �6� W. Y"kt61or Survey ®b.z >! A.W. Robertson !survey IS �ryoo Abet. No. 1653 / 460.186 Acres �Yor% City,gOt'�C�. % AIL west, LLC r _ INST.w 2019-15667 I. R.P.R.D.C.T. 1 i I 1 � 1 ®. Overtel survey 3g AL nv°etln°nt,'LP, Atilt. No. 072 �v MST.-2019.1566 'Q� AIL West,LLC o• NST.• 2 019-1566 7 .—.—. r:¢ V R.P.R D C.T. � t I i � �F p rY w} 74, s vdappA L Coe 9"TTr-' J, o N 1�4y Po`pe 7ODD A.EIRI?Cs+ 4 o "This dotument wos prepared under 22 TAC 665.21. Vd.621tOC. I •••~+......`. "•.••�••y. does not reflect the results of an on the Around 901.1t. tP t/ Csurvey.and is net to be used to convey or establish .aeE t0'Tf interests�rem property escepl those rights and inter sate imp!ed or estabRahod by the creation a '��SURV It reconrauration of the boundary of the poftical 5 subWryior for which it as prepared" AN EXHIBIT FOR ANNEXATION � � SITUATED STRACT NUMBER 972,THE KW._ERTSON LER SURVEY.ABSTRACT MRi , DC SURVEYKULAR �STRACT NUMBER 454,THE �T SCTNUMBER6ANTE W SAMPLE NUMSER1207DENTONCOUNTY TEXAS-''I-iI LAND SOLUTIONS 74261 see0 N4LlW00D PARItWAY,eURE t5d JOB W HWA19011 DRAWN BY: D.Fnemon CHECKED BY:T.B^'.,.._s DATE: 03.15.19 PAGE 13 0I 3 FORT WOftTN il.kA M171 Pfr eeti3e1.b75a ""Y� 1.7 tMt ! ! 1 Exhibit A,Owner-Initiated Annexation Service Agreement Pagel of 3 EXHIBIT A DESCRIPTION OF AN 460.186 ACRE ANNEXATION BEING a tract of land situated in the L. Butler Survey,Abstract Number 64,the G. Overton Survey, Abstract Number 972.the W. Sample Survey, Abstract Number1207, the W.Zeckular Survey,Abstract Number 1454 and the A.W. Robertson Survey, Abstract Number 1553,Denton County,Texas and being a portion of that tract of land described in deed to AIL Investment, LP recorded in Instrument Number 2019-15666, Real Property Records,Denton County,Texas, being a portion of that tract of land described in deed to AIL West, LLC recorded in Instrument Number 2019-15667, said Real Property Records and being more particularly described by metes and bounds as follows; BEGINNING in the west line of said AIL tracts and being in the east right-of-way line of F. M. 156,(a variable width right-of-way), the beginning of a curve to the right; THENCE with the east right-of-way of said F. M. 156 the following courses and distances; With said curve to the right,an arc distance of 2563.58 feet,through a central angle of 32°45'34",having a radius of 4483.66 feet,the long chord which bears N 25°08'59"E, 2528.80 feet; N 4191'45"E, 2286.16 feet, to the beginning of a curve to the right; With said curve to the right, an arc distance of 57.54 feet,through a central angle of 01°1 1'33",having a radius of 2764.79 feet, the long chord which bears N 42'10'18''E, 57.54 feet. S 47021'l9"E, 19.95 feet, to the beginning of a non-tangent curve to the right; With said non-tangent curve to the right,an arc distance of 1275.53 feet, through a central angle of 26°37'33",having a radius of 2744.79 feet, the long chord which bears N 56002'08"E, 1264.08 feet; N 58°38'18"E,98.51 feet to the beginning of a non-tangent curve to the right; With said non-tangent curve to the right, an arc distance of 1035.84 feet,through a central angle of 21°27'58",having a radius of 2764.79 feet,the long chord which bears N 82005'16"E. 1029.79 feet to the northeast corner of said AIL tracts,being the northwest corner of that tract of land described by deed to Jeanne Shelton recorded in Instrument Number 1999-115848, said Real Property Records; THENCE S 00038'40"E, 189.80 feet, departing said east right-of-way line, with the east line of said AIL tracts and the west line of said Jeanne Shelton tract to the most northerly northeast corner of that tract of land described by deed to the City of Fort Worth,recorded in Instrument Number 2003-181 167, Real Property Records, Denton County,Texas; THENCE S 79054'33"W. 855.69 feet, with the east line of said AIL tracts and the north line of said City of Fort Worth tract; Peloton Job No.HWA15022 Tracking No.ACF#!7426 Cole March 18,2019 G:\JOB\HWA19011_COLE_470_ENT\MASTER DEV\_SURVEY\EXHIBITS\LEGALS\HWA15022_AXI.DOCX Page 1 of 3 Exhibit A,Owner-Initiated Annexation Service Agreement Page 2 of 3 EXHIBIT A THENCE S 1 I 048'34"E, 1973.67 feet,with said east line and the west line of said City of Fort Worth tract; THENCE S 18024'07"E, 1278.97 feet, continuing with said common line to the north line of that tract of land described by deed to the City of Fort Worth,recorded in Instrument Number 2005-73598, Real Property Records, Denton County,Texas; THENCE S 89042'55"W,655.44 feet, continuing with said east line and with said north line to the northwest comer of said City of Fort Worth tract; THENCE S 00045'46"E,3451.87 feet,with said east line,to the southeast comer of said AIL tracts,being the north line of that remainder of that tract of land described by deed to AIL Investment,recorded in Volume 4246, Page 498, Real Property Records, Denton County,Texas; THENCE N 87053'57"W, 2751.33 feet, with the south line of said AIL tracts and said north line,to the southeast corner of that tract of land described by deed to AIL Investment,recorded in Instrument Number 2014-98370, Real Property Records,Denton County,Texas; THENCE N 00032'37"W, 26.74 feet,continuing with said south line and with the east line of said AIL Investment tract; THENCE N 34012'59"E,939.29 feet, continuing with said common line; THENCE N 00032'37"W, 167.80 feet, continuing with said common line to the northeast comer of said AIL Investment tract; THENCE S 89027'28"W,843.17 feet,to the northwest corner of said AIL Investment tract; THENCE departing said south line over and across said AIL tracts the following bearings and distances: N 00059'29"E, 109.87 feet; N 89°42'54"W, 802.96 feet; N 00018'30"E,827.19 feet; THENCE N 88049'57"W,291.31 feet, to the Point of Beginning and containing 20,045,698 square feet or 460.186 acres of land more or less. -Integral pans of this document" 6�ftp sre�F� 1.Description-2 Pages 2. Exhibit * o TODp A 8R7p(,ES "This document was prepared under 22 TAC 663.21,does not reflect 'e .. Y«. the results of an on the ground survey,and is not to be used to convey %�A44940 P; "'•.F ' or establish interests in real property except those rights and interests �p0 �ss S t a� implied or established by the creation or reconfiguration of the boundary Suav of the political subdivision for which it was prepared." �� Peloton Job No.HWAIS022 / r Tracking No.ACF#7426 Cole March 18,2019 G:\JOB\HWA19011_COLE_470_ENT\MASTER DEV\_SURVEY\EXHIBITS\LEGALS\HWA35022_AXI.DOCX Page 2 of 3 Exhibit A•Owner-Initiated Annexation Service Agreement Page 3 of 3 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA REFERENCE 06AX-19-009 AIL DATE: 9/10/2019 NO.: M&C 19-0133 LOG NAME: PROPERTIES —SH 156 OWNER INITITATED CODE: L TYPE: NON- PUBLIC YES CONSENT HEARING: SUBJECT: Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner-Initiated Annexation of Approximately 460.186 Acres of Land in Denton County, Known as AIL Properties—SH 156, Located North of Intermodal Parkway and South of Highway 114 off of SH 156, in the Far North Planning Sector, AX-19-009 (FUTURE COUNCIL DISTRICT 7) (PUBLIC HEARING - a. Report of City Staff: Mary Elliott; b. Citizen Presentations; c. Council Action: Close Public Hearing and Approve the M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct public hearing for the proposed owner-initiated annexation of approximately 460.186 acres of land in Denton County located north of Intermodal Parkway and south of Highway 114, off of SH 156 as shown on Exhibit A; 2. Authorize Execution of Municipal Services Agreement between the City and property owners, AIL Investments, L.P. / AIL West, LLC; and 3. Adopt ordinance annexing AX-19-009 for full purposes. DISCUSSION: On June 17, 2019, representatives for the property owners AIL Investments, L.P. /AIL West, LLC, submitted an application for full-purpose annexation of the property shown on Exhibit A into the City of Fort Worth. The subject property is located entirely in that portion of the City's extraterritorial jurisdiction which is in Denton County. The site is located north of Intermodal Parkway and south of Highway 114 off of SH 156. This owner-initiated annexation, which contains approximately 460.186 acres, has recently become an enclave with the annexation of SH 156. The proposed annexation is consistent with the urban development annexation criteria as established by the City's Annexation Policy. The subject area is currently vacant land. The property is proposed for industrial type development and the proposed zoning is "K" Heavy Industrial. The proposed use is consistent with the future land use map of the 2019 Comprehensive Plan. On July 24th, City Plan Commission voted to recommend approval of the annexation request to City Council. On August 14th, the related zoning case (ZC-19-107)was heard by the Zoning Commission, and the commission voted to recommend approval of"K" Heavy Industrial zoning to City Council. 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 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27281&councildate=9/10/2019 9/12/2019 M&C Review Page 2 of 2 that is not provided on the effective date of the annexation. The municipal services agreement includes these provisions in accordance with state law. The proposed uses were 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 has been built. Based on the operating costs projected from the Police, Code Compliance and Transportation and Public Works Departments, the fiscal impact shows a slightly negative effect to the General Fund for the first year, but will have a positive impact thereafter. Therefore, due to the ability of the area to meet the City's criteria for full-purpose annexation as well as the proposed annexation being an enclave Staff recommends approval of the requested owner- initiated annexation, AX-19-009. The City Council will conduct a public hearing on the proposed annexation. The public hearing is an opportunity for persons interested in the annexation to be heard. Once the City Council has conducted the required public hearing, Council may close the hearing and vote on authorizing the City Manager to execute the Municipal Services Agreement between the City and property owners, AIL Investments, L.P. /AIL West, LLC and adopt an ordinance annexing AX-19-009 for full purposes. Upon approval of the annexation request, the property 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. T Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfleld 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I Year Chartfield 2 Submitted for City Manager's Office by: Dana Burghdoff(8018) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Leo Valencia (2497) ATTACHMENTS 2-Exhibit A - Map AX-19-009.pdf MSA for AX-19-009.pdf Ordinance (AX-19-009).docx http://apps.cfwnet.org/council_packet/mc—review.asp?ID=2728 I&councildate=9/10/2019 9/12/2019