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HomeMy WebLinkAboutContract 53619 CITY SECRETARY ! ATRACT NO. p\G101 R5�q MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND CFI FARM PROPERTIES,LP'. his Municipal Services Agreement ("Agreement") is entered into on day of '�t�91) by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas,("City")and CFIFaminpppj LP.("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 Tarrant County, Texas, which consists of approximately 18.4 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'19-013 ("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 accordance with state law, which may be accomplished through any means permitted by law. For purposes of this greement, OEF'v.11AL RECUR® CITY SECRETARY Owner-Initiated Annexation Service Agreement FT WORTI+,fTX 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 to use the same. If a property owner desires to connect an existing structure to Owner-Initiated Annexation Service Agreement 2 of 8 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 bargaining power and that each of them was represented by legal counsel in the negotiation Owner-Initiated Annexation Service Agreement 3 of 8 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. I L 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 8 CITY OF FORT WORTH CFI FARM PROPERTIES, LP, f/k/a CFI Farm Properties, LLC By: Saginaw Farm Properties, LLC, its general partner �f By:_ By: Name: Name: .. Title: Assistant City M alter Title: ,�•.a�Ir' Approved as to Form and Legality: /^, P D/ ' r ffff 1 M K Name: •Dias Senior Assistant City Attorney �®R'r Attest: Mary KayselV City Secretary TE Approvals: M&C: $o-CW 03163/ao Ordinance No. H� la�l5: aotiq-5��a�g P JJPAal Owner-Initiated Annexation Service Agreement 5 of 8 State of Texas § County of Tarrant § This instrume t was acknowledged before me on the 1-5 dayof , 20 by , Assistant City Manager of the City of Fort Worth, a Texas municipal corporatio , on behalf of said corporation. By: ,=ol'i-q°va�.c, MAMAS.SANCHEZ My Notary 1D 2'256490 Notary Public, State of Texas �;. •+: Expires Dea;rnber 19,2021 ''.BOP , _..__, --- State of 1 exas § County of'-rGr rr,ti-t- § ��,�_ --�� This instrumentwas acknowledged before me on the�day ofl , 20 lQ bX,J I iQa -�Uhj JAI, if AJ ZrManager of Saginaw Farm Properties, LLC, general p er for CFI Farm Pro ert LP. By: _�Ado f r:°� Notar Public, State of Texas ,=�a_;�, CORRIE WALKER �,- '1 NoWy pobbe +�b �Y� 2845=1 My Coma E q Nov�mb.,22,2=2 After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Owner-Initiated Annexation Service Agreement 6 of 8 EXHIBIT A Y b�IC7c f t "7iaas r,}cat:tsi=�axr�t .xia±s ;.a f^.F>!ss'4r£4 iar der t j 1AL keta.3.�2. }'j } L� ° hfl{3€tE('st,.: ,C orte ther-z>�z,:t� of T,,? tln 0, Y.Zr^�i`.�nd ry ' ., r .find rye not to tab ose<l €,�, convey c;a i�stohlF h ? D2't �.1 if, xr- ra? 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'3•s ifa�l3 # a fly wa 4 a b U i a=our+ Profit ° i ,is ul 18.4 Acres w � � .......... �.,�E�;C•PYY: f�PCptS f'.P =G�,t,€.�.. }{{ AlsprnN, location � t ( i Worth City cs �cst s € tty limit t Alrlrs cax_ loc•s.snn City of Saginaw City t.icnit.s to „ rtskrrresry, this dricuarttrzd st" t€aot Le � + Pveorted for zany pur;>us€ oentl shclma�t be u$het of v€€"wed or I e e O Upor 1 a 'City 0, sCaqM(lW farlol sio 3ey dociit`lent` 22 TA,..: 66_1 VI Qaate' 1012.3/2013 Willey Bosi-c i1„Road Annexation of 18.4 Acres � f Situated in the Heirs o1 Benjamin Thomas Survey >' ` Abstract No. �, j Tarrant County, Texas n jjjj}}tyty }ice (�,/y�tJ T( \ y., f lAlib 564UTiOt1$ '1r1 a9aouea�wrap�nsa r. iaa waxta..r;«ra+rx*t:zs: a.. JOB#t LHF, MA [bRA`�lttd fiY. 55....... i oKED ay: C CSLi1t 2At PA fi t3E S Owner-Initiated Annexation Service Agreement 7 of 8 EXHIBIT A DESCRIPTION OF AREA OF ANNEXATION BEING a portion of that tract of land situated in the Heirs of Benjamin Thomas Survey, Abstract Number 1497, City of Saginaw, Tarrant County Texas, described by deed to CFI Farm Properties LLC, recorded in Instrument Number D209083861 County Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING in the West line of Wagley Robertson Road County Road No. 4108) (variable width R.O.W.), from which the Northeast comer of said CFI tract bears S 89' 54'00"E, 34.44 feet (deed call) in said Wagley Robertson Road and the Southeast comer of that portion of Wagley Robertson Road dedicated by Plat recorded in Cabinet A, Slide 4406, County Records,Tarrant County, Texas; THENCE S 000 35' 00"E,approximately 402.9 feet, along the West line of said Wagley Robertson Road, to the North line of City of Fort Worth Annexation Ordinance No. 7916; THENCE N 89" 54' 00" W. approximately]993.3 feet (bearings and distances referenced from said CH Farm tract) along the North line of said City of Fort Worth Annexation Ordinance No. 7916 to the West line of said Cranz tract and the East line of City of Fort Worth Annexation Ordinance No. 16704; THENCE N 000 35' 00" W, approximately 402.9 feet, along the East line of said City of Fort Worth Annexation Ordinance No. 16704 to the Northwest comer of said CFI tract; THENCE S 890 54' 00" E, approximately 1993.3 feet, to the Point of Beginning and containing 18.4 acres of land, more or less. Owner-Initiated Annexation Service Agreement 8 of 8 3/17/2020 City of Fort Worth-File#:M&C 20-0069 Sign In Home Legislation Calendar City Council Departments IMl I©110 Share) RS 1 Alerts Details Reports File #: M&C 20-0069 Version: 1 Name: Type: Land - Report of CM Status: Passed File created: 2/13/2020 In control: CITY COUNCIL On agenda: 2/18/2020 Final action: 3/3/2020 Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner-Initiated Annexation of Approximately 18.4 Acres of Land in Tarrant County, Known as 8350 Wagley Robertson Road and 0.46 Acres of County Right-of-Way, Title: Located North of Bailey Boswell Road Along the Western Edge of Wagley Robertson Road, in the Far Northwest Planning Sector,AX-19-013 (FUTURE COUNCIL DISTRICT 7) (Continued from a Previous Week) (PUBLIC HEARING - a. Report of City Staff: Mary Elliott; b. Citizen Presentations; c. Council Action: Close Public Hearing and Act on the M&C) Attachments: 1. M&C 20-0069, 2. Exhibit A- Map AX-19-013.pdf, 3. MSA - Partially Executed AX-19- 013rev2.10.20.pdf, 4. Ordinance (AX-19-013) rev2.10.20.pdf History(2) Text 2 records Group Export Date Ver. Action By Action Result Action Details Meeting Details Video 3/3/2020 1 CITY COUNCIL Adopted Pass Action details Meeting details W Video 2/18/2020 1 CITY COUNCIL Continued Action details Meeting details Not available https://fbrtworthgov.legistar.com/LegislationDetaii.aspx?ID=4332163&GUID=E2E22CFC-EEEC-443C-8151-DD19CD194792&Options=&Search= 1/1 City of Fort Worth, Texas Mayor and Council Communication DATE: 02/18/20 M&C FILE NUMBER: M&C 20-0069 LOG NAME: 06AX-19-013-8350 WAGLEY ROBERTSON ROAD-OWNER-INITIATED SUBJECT Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner-Initiated Annexation of Approximately 18.4 Acres of Land in Tarrant County,Known as 8350 Wagley Robertson Road and 0.46 Acres of County Right-of-Way,Located North of Bailey Boswell Road Along the Western Edge of Wagley Robertson Road, in the Far Northwest Planning Sector,AX-19-013(FUTURE COUNCIL DISTRICT 7)(Continued from a Previous Week) (PUBLIC HEARING-a. Report of City Staff: Mary Elliott; b.Citizen Presentations;c.Council Action:Close Public Hearing and Act on the M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct public hearing for the proposed owner-initiated annexation of approximately 18.4 acres of land in Tarrant County,known as 8350 Wagley Robertson Road, located north of Bailey Boswell Road along the western edge of Wagley Robertson Road and 0.46 acres of Wagley Robertson Road,as shown on Exhibit A; 2. Authorize Execution of Municipal Services Agreement between the City and property owners,CFI Farm Properties, LLC for 18.4 acres of land in Tarrant County;and 3. Adopt ordinance annexing approximately 18.4 acres of land in Tarrant County,Texas and 0.46 acres of Wagley Robertson right-of-way for full purposes. DISCUSSION: On December 6,2019, representatives for the property owners,CFI Farm Properties, 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 situated entirely in the City's extraterritorial jurisdiction,which is in Tarrant County. The site is located north of Bailey Boswell Road along the western edge of Wagley Robertson Road. This owner-initiated annexation,which contains approximately 18.4 acres,is currently vacant. The proposed annexation is consistent with the urban development annexation criteria as established by the City's Annexation Policy. The property is proposed for fifty individual lots of residential type development and the proposed zoning is"A-7.5&A-Y One-Family Residential. The proposed use is consistent with the future land use map of the 2019 Comprehensive Plan. The proposed voluntary annexation abuts 0.46 acres of county right-of-way. Under Section 43.106 of the Texas Local Government Code, "a municipality that proposes to annex any portion of a county road or territory that abuts a county road must also annex the entire width of a county road and the adjacent right-of way on both sides of the county road." The annexation of the 0.46 acre is the required rights-of-way portion of the county road. On January 07,2020 the related zoning case(ZC-19-003)was heard by the Zoning Commission,and the commission voted to recommend approval of"A-7.5&A-5"One-Family Residential 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 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 Staff recommends approval of the requested owner-initiated annexation,AX-19-013. 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,CFI Farm Properties,LLC.and adopt an ordinance annexing 18.4 acres of land and .46 acres of Wagley Robertson right-of-way 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 upon approval of the above recommendations and adoption of the attached ordinance,the annexation will have a long-term positive impact to the General Fund. Submitted for City Manager's Office by. Dana Burghdoff 8018 Originating Business Unit Head: Randle Harwood 6101 Additional Information Contact: Leo Valencia 2497