HomeMy WebLinkAboutContract 54883 C'o7- —EECREiAR 1
CMITRACT No. 5 993
6�c5��e MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS AND
NP-OV FORT WORTH PROJECT 2, LLC
This Municipal Services Agreement ("Agreement") is entered into on day of
No Vembek , a6A0 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 2, 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 Count,
Texas, which consists of approximately 85.967 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-20-002 ("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
ID
AL RECORD
Owner-Initiated Annexation Service Agreement I of 7
C(ITV SECREaV f cmo�FOR�w°�
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 7
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 7
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
NP-OV Fort Worth Project 2,LLC
By:NPD Management, LLC, its
manager
By: By: ell
Dana B ghdo FU
Nathani agedorn
Assistant City anager Mana r
Approved as to Form and Legality:
EA
Senior Assistant City Attorney
Atte n
I
Kayser
Cit Secretary
Approvals:
M&C -0�61�6 I11�Io�0210
Ordinance No. A4SI61- 11-gao
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the day of , 20
by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
By: twCNp ALA
s,Notary F'uv!y. State of Texas
Notary Public, State of Texas .+� '�orftm Expires 03-31-2024
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Owner-Initiated Annexation Service Agreement 5 of 7
STATE OF MISSOURI §
COUNTY OF PLATTE §
This instrument was acknowledged before me on the day of -I- , 20
by Nathaniel Hagedorn, Manager of NPD Management, LLC, Manager of NP- V Fort Worth
Project 2, LLC.
By:
Notary Public, State of Missouri HEATHER R. PFENDER
Notary Public-Notary Seal
Clay County-State of Missouri
Commission Number 15633521
My Commission Expires Feb 24, 2023
F 11C AL -AF(f-K fit'
SECRETARY
FAT. `Nq,R( F1, TX
Owner-Initiated Annexation Service Agreement 6 of 7
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner-Initiated Annexation Service Agreement 7 of 7
EXHIBIT A
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Owner-Initiated Annexation Service Agreement I of 3
EXHIBIT A
Continued
ANNEXATION DESCRIPTION
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,the C.Perry Survey,Abstract No. 1031 and the A.Robertson Survey,
Abstract No. 1553,Denton County,Texas and being part of that certain tract ofland 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 2007-1 1 0923,Deed Records,Denton County,Texas,the southeast comer 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
15136'59",a radius of2,964.79 feet,a chord bearing and distance of South 84136'55"West-805.57 feet and from
which a found 1/2"iron rod with cap stamped"SPIARS ENO"bears South 80*58'17"East,a distance ofO.90 feet;
THENCE,with the north right-of-way line of said F.M.156 the following courses and distances:
Along said non-tangent curve to the left in a southwesterly direction,a passing distance of 808.07 feet to a
point for the most southerly southwest comer of said Lot 4,Block 1,Dave Addition,being in centerline of
Elizabeth Creek and continuing for a total arc length of 1,089.72 feet;
THENCE South 81*1239"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 feel and a chord bearing and
distance of South 56'02'18"West-1,374.95 feet;
THENCE,with said non-tangent curve to the left in a southwesterly direction,an arc length of 1,387.40
feet;
THENCE South 4711639"East,a distance of 20.00 feet to a point for the beginning of a non-tangent curve
to the lefl having a central angle of O M 1'35",a radius of 2,964.79 feet and a chord bearing and distance of
South 42°07'32"West-61.73 feet;
THENCE with said non-tangent curve to the left in a southwesterly direction,an arc length of 61.73 feet to
a point;
THENCE 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;
THENCE with said curve to the left in a southwesterly direction,an are length of 68.46 feet to a point in
the northerly right-of-way line of said F.M.156;
THENCE North 47151110"West,departing the northerly right-of-way line ofsaid F.M.156,crossing into said M.T.
Cole Family Partnership No.2,LP,a distance or 102.37 feet to a point;
THENCE North 41°00'36"West,a distance of 100.72 feet to a point;
THENCE North 47°51'10"West,a distance of 888.32 feet to the POINT OF BEGINNING of the pact herein
described;
THENCE North 47°51'10"West,a distance of 377.50 feel to a point of curvature to the left,said curve having a
central angle of 24°51'17",a radius of 500.00 feet and a chord bearing and distance of North 56°13'18"West—
215.20 feet;
THENCE Northwesterly along said curve to the left 216.90 feat to a point;
THENCE North 73°06'46"West,a distance of 55.84 feet to a point of non-tangential curvature to the right,said
curve having a central angle of 29133'06",a radius of 500.00 feet and a chord bearing and distance of North
62149'41"West—255.04 feet;
Owner-Initiated Annexation Service Agreement 2 of 3
EXHIBIT A
Continued
NorihPoint
D E V E L
•
THENCE Northwesterly with said curve,a distance of 257.89 feet to a point,
THENCE North 48128'15"West,a distance of 336.44 feet to a point of curvature to the left,said curve having a
central angle of 14°12'32",a radius of 470.00 feel and a chord bearing and distance of North 55°34'31"West—
116.26 feet;
THENCE Northwesterly along said curve a distance of 116.56 feet to a point;
THENCE North 41°23'43"East,a distance of 3217.09 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(lie following courses and distances:
South 65°1010"East,a distance of 365.021eet to a point;
South 14°16'19"East,a distance of 227.09 feet to a point;
South 13'52'1 1"West,a distance of 158.68 feet to a point;
South 42*51'54"West,a distance of 280.44 feet to a point;
South 10*5138"Fast,a distance of 217.01 feet to a point;
South 05*50'18"West,a distance of 98.25 feet to a point;
South 28°47'08"East,a distance of 144.88 feet to a point;
South 28*47'11"East,a distance of 218.76 feet to a point;
South 61*3542"East,a distance of 176.11 feet to a point;
THENCE leaving said line,South 4191'45"West,a distance of 888.30 feet to a point;
THENCE South 63*59'17"West,a distance of 117.80 feet to a point;
THENCE South 41*31'45"West a distance of 7559 feet to a point;
THENCE South 19*04'13"West,a distance of 117.80 feet to a point;
THENCE South 41*31'45"West a distance of 1171.00 feet to the POINT OF BEGINNING and containing a
calculated area of 3,744,788 square feet or 85.%9 acres of land.
NOTES:The basis of bearings for this boundary is the Texas Coordinate System of 1983,North Central Zone,4202,
based upon GPS measurements,according to the GPS Reference Network.
The metes and bounds description contained herein was based on a ground survey performed by Dunaway dated
1/13/2020 as Job#B003816.003.
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Tobin R.Roberts,August 10,2020
Tx.RPLS 6820 Firm Registration 21451
Owner-Initiated Annexation Service Agreement 3 of 3
12/4/2020 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTTII
DATE: 11/10/2020 REFERENCE M&C 20- LOG 06AX-20-002 INTERMODAL LOGISTICS
NO.: 0818 NAME: CENTER—OWNER INITITATED
CODE: L TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT. (FUTURE CD 7) Conduct Public Hearing, Authorize Execution of Municipal Services
Agreement and Consider Adopting Ordinance for the Proposed Owner-Initiated
Annexation of Approximately 85.97 Acres of Land in Denton County, known as Intermodal
Logistics Center, Located North of Intermodal Parkway and West of Farm to Market 156
(Blue Mound Road), in the Far North Planning Sector, AX-20-002
(PUBLIC HEARING - a. Report of City Staff: Mary Elliott; b. Public Comment; c. Council
Action: Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct public hearing for the proposed owner-initiated annexation of approximately 85.97
acres of land in Denton County located north of Intermodal Parkway and South of
State Highway 114 off of Farm to Market 156 (Blue Mound Road) as shown on Exhibit A;
2. Authorize Execution of Municipal Services Agreement between the City and property owners,
NP-OV Fort Worth Project 2, LLC; and
3. Adopt ordinance annexing AX-20-002 for full purposes.
DISCUSSION:
On August 13, 2020, representatives for the property owners NP-OV Fort Worth Project 2, 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 west of FM
156 (Blue Mound Road). The owner-initiated annexation, which is approximately 89.969 acres, is
consistent with the urban development annexation criteria as established by the City's Annexation
Policy. The subject area is currently agricultural land and the property owner's proposal of industrial
type development is consistent with the future land use map of the 2020 Comprehensive Plan.
On September 9th, the related preliminary plat (PP-20-047) was approved by City Plan Commission.
The preliminary plat boundary is surrounded by City Limits on three sides. The property owner will
request annexation with each phase of development. On October 14th, the related zoning case (ZC-
20-111) was heard by the Zoning Commission, and the commission voted to recommend approval of
the requested zoning to City Council. The requested zoning is "K" Heavy Industrial.
The annexation site is within an area that is identified as being in the Alliance Industrial Growth
Center. The proposed annexation site will be accessed from FM 156 (Blue Mound Road) which is a
TxDOT maintained and controlled roadway. FM 156 (Blue Mound Road) is shown as a median
divided, three-lane per direction, Commercial Connector on the City's Master Thoroughfare Plan \
[CCO-L3-TO-NTMS-PO-BOP (130)\]. As part of the first phase of development, TxDOT improvements
were approved for a fifty-foot wide, full movement driveway with southbound deceleration and
northbound left turn lane. A traffic study was approved as part of the plat approval process.
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, an
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12/4/2020 M&C Review
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. A
fiscal impact analysis was generated with the assistance of various City Departments. The fiscal
impact analysis was then provided to Planning & Data Analytics for review. City tax revenue is
expected to have a positive fiscal impact over the next ten 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-20-002.
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 annexing AX-20-
002 for full purposes.
If annexed, this 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.
TO
nbepartmenL[Account Project Program Activity Budget Reference# Amount
ID I I I Year Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year I (Chartfield 2)
Submitted for City Manager's Office by_ Dana Burghdoff(8018)
Originating Department Head: D.J. Harrell (8032)
Additional Information Contact: Leo Valencia (2497)
ATTACHMENTS
Exhibit A- Map AX-20-002.pdf
Municipal Services Agreement-Ft. Worth - Partially Executed.pdf
Ordinance (AX-20-002)mr10.15.20.docx
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