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HomeMy WebLinkAboutContract 55055 CITY SECRETARY R vv MUNICIPAL SERVICES AGREEMENT po BETWEEN THE CITY OF FORT WORTH, TEXAS AND C L.C.T. PROPERTIES,A TEXAS GENERAL PARTNERSHIP, L.C. TUBB,JR. A14D JUDY BROWN NhiCQ,MW s Municipal Services Agreement ("Agreement") is entered into on day of , %n by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas, ("City") and L.C.T. Properties, a Texas General Partnership, L.C. Tubb, Jr. and Judy Brown ("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 il each owner of land in an area requests the annexation; WHEREAS, where the City elects to annex such an area, the City is requiired 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, which shall not become effective until the closing and funding of the purchase and sale transaction by and between SFG Acquisitions, LLC, as purchaser and LCT properties, LLC, L.C. Tubb, Jr. and Judy Brown as Sellers. (the "Effective Date"); WHEREAS, Owner owns certain parcels of land situated in Tarrant Colmly, Texas, which consists of approximately 29.2358 acres of land in the City's extraterr torial 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-20-007 ("Annexation Case"); WHEREAS, City and Owner desire to set out the City services to be provided f or the Property on or after the effective date of annexation; WHEREAS, the Annexation Case and execution of this Agreement are subj ct 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 sutjanf thej,, I Owner-Initiated Annexation Service Agreement 1 of 7 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 ma 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 se ice. 3. MUNICIPAL SERVICES. a. Commencing on the Effective Date, the City will provide the municipal se ices set forth below. As used in this Agreement, "providing services" includes h ving services provided by any method or means by which the City may e tend municipal services to any other area of the City, including the City's infrastructure extension policies and developer or property owner participation in accor ance with applicable city ordinances, rules, regulations, and policies. i. Fire — The City's Fire Department will provide emergency and fire prot ction services. ii. Police — The City's Police Department will provide protection anc. law enforcement services. iii. Emergency Medical Services — The City's Fire Department and MedSt (or other entity engaged by the City after the Effective Date) will pr vide 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, ules, and regulations. v. Parks and Recreational Facilities—Residents of the Property will be permitted to utilize all existing publicly-owned parks and recreational facilities a d 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 f 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 theCity'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 htg ins) — The City's Transportation and Public Works Department will maintain the public streets and streetlight over Owner-Initiated Annexation Service Agreement 2 of 7 which the City has jurisdiction. The City will provide regulatory si nage 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 ity'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 provic.ed 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 Md 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 hat 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 se ices, infrastructure, and infrastructure maintenance that is comparable to the level of se ices, infrastructure, and infrastructure maintenance available in other parts of the Cit with topography, land use, and population density similar to those reasonably contempla ed 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 co Irts to Owner-Initiated Annexation Service Agreement 3 of 7 be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforce bility will not affect the validity of any other part, term or provision, and the rights of the rarties 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 i any litigation relating to this Agreement, the terms and conditions of the Agreement ` 1 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. 8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in T rrant 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 ten 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 L.C.T. PROPERTIES,A TEXAS GENERAL PARTNERSHIP By: VBy: Dana Bu hdoff Name: ✓G3tg Assistant City Manager Title: �jjr „�,� y A 2?"f✓ AND By: Approved as to orm and Legality: L.C.• UBB, JR. ilk,��A_, 0- It N/%A,,d Senior Assistant City Attorney AND By: ®RT J DY B O A �4arj Kayser City Secretary Approvals: M&C - Ordinance No. State of Texas § County of Tarrant § This instrument was acknowledged before me on the day of 2 0?' by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. SELENA ALA By. _2r �sNotary Public° state of Texas Comm. Expires 03-31-2024 Notary Public, State of Texas Nz Notary ID 132422528 RECORD SECRETARY vi. WORTH TX Owner-Initiated Annexation Service Agreement 5 of5 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the `' day of Oc-ro a e 2 ODD, by L. C. Tubb, Jr. of L.C.T. Properties, a Texas General Partnership, on behalf of said general partnership, in its capacity as managing partner of L.C.T. Properties, a Texas General Partnership. By Notary Public, State of Texas Y Po LINDA R.MORTIMER * Notary Public STATE OF TEXAS or My Corm.EV.031=3 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the a1 t3' day of D GTn 6E2 , 20W, by L.C. Tubb, Jr. Notary Public, State of Texas Y PG LINDA R. MORTIMER * Notary Public STATE OF TEXAS OF Nq Comm.EV.08/31/POY3 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the at9t� day of C>CTyt_�e,e by Judy Brown. B Q Notary Public, State of Texas ��r pia LINDA R.MORTIMER * Notary Public t STATE OF TEXAS OFF My Comm.EV.0ev31/2023 ®=FICA-RECORD CITY SE RETARY FWOQTT THJ 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 i EXHIBIT A 0 +so sGo ti[KATHLEEN T.I GEORGE PARASKEVOPOULOS PHIRIPES GRAPHIC SCALF NFF1 T tNOUTH LIVING TRUST I (VOL 5561, (INST.NO. PG.626) D209019858) S89°59'42"E 593.50' JO L.7208,WAY PE THUN ta) DONALD N.JONES Co ih v (VOL.10145,PG.1931) O W 1n C rn PART OF L.C.TUBB,JR. c2 (VOL.9966,PG.1891) 6 DONALD N.JONES Q ?� (VOL 7136,PG.5W) _ � o rn 29.2358 ACRES S89°26'16"E 1295.00' 0 1,273,511 SO.FT. z co U PART OF L.C.T.PROPERTIES (VOL 11656.PG.2064) yLA to Z N Q �g g S89.45'04"W 593,54' O= N0"09'16"W S89"51'43'W 1297.93' ,�-- 117.49' rc PART OF LC.T.PROPERTIES P,O,B,. (o (VOL 11656.PG.2064) cc PART OF L.C.TUBB.JR (VOL 9966,PG.te91) Z — W Z t = = W ZOOS AMERICO ALLIANCE LPUj g Y ALLIANCE COMMUNITY (INST.NO.D219133697) 01 FELLOWSHIP FO zz (INST.NO.D207051JAEM EMERGENCY FIRE PROTECTION Q Z Z SYSTEMS.INC. (VOL 14417,PG.416) m I NOTES This document was prepared under 22 TAC§663.21,does not reflect the results of an on the ground survey,and's not to be used to convey or establish interests in real property except those rights and interests implied or established by the creatio r reconfiguration of the boundary of the political subdivision for which it was prepared. ANNEXATION EXHIBIT •/0Ig Y o �E OF• T JOSIAH WALKER SURVEY, .�P. rE ., ICHAEL C.BILLINGSLEY `�:' ABSTRACT NO. 1603 REGISTERED PROFESSIONAL *: ,,,,•,• %�, TARRANT COUNTY,TEXAS LAND SURVEYOR NO.6558 MICWL CLE0 BILLINGSLEY 801 CHERRY STREET, Kimiq*Horn UNIT 11 SUITE 1300 a6558FORT WORTH,TEXAS 76102 9*�FESS�D 'O 801chyS.—"11 VOL No rolnuscstI PH.817-335$511 S'�R ti tW M107 11twOIM0400 michael.billingsiey@kimley-hom.com r•sov cOP lace ,Os+iOoo oe,s+,ao � � HCt NC.SlFY,7VlClIAti 1l1WZQ7J]_b NMKV TW Stncvt YY7U1J11Atq STONFlAON!lWiMONV}NR:X1S7 ilf�OpSIONtAWftT IUHN(SM_AS lri4(1 Owner-Initiated Annexation Service Agreement 1 of 3 EXHIBIT A Continued METES& BOUNDS DESCRIPTION ANNEXATION EXHIBIT BEING a 29.2358 acre (1,273,511 square foot) tract of land situated in the Josiah Walker Survey, Tarrant County, Texas; said tract being part of that tract of land described in Warranty Deed to L.C. Tubb Jr. recorded in Volume 9966, Page 1891 of the Deed Records of Tarrant County, Texas; said tract also being part of that tract of land described in Special Warranty Deed to L.C.T. Properties recorded in Volume 11656, Page 2064 of said Deed Records; said tract being more particularly described as follows: BEGINNING at a point for the southeast corner of said L.C.T. Properties tract; said point being in the west right-of-way line of Harmon Road (a variable width right-of-way); THENCE South 89e51'43"West, departing the said west line of Harmon Road, a distance of 1297.93 feet to a point for corner in the east line of said L.C. Tubb Jr. tract; THENCE North 0e09'16"West, along the said east line of the L.C. Tubb Jr. tract, a distance of 117.49 -eet to a point for corner; THENCE South 89e45'04" West, departing the said east line of the L.C. Tubb Jr. tract, a distancE of 593.54 feet to a point for corner in the west line of said L.C. Tubb Jr. tract; THENCE North 0'09'07"West, along the said west line of the L.C. Tubb Jr. tract, a distance of 932.53 eet to a point for corner;said point being the northwest corner of said L.C. Tubb Jr.tract; THENCE South 89e59'42" East, along the north line of said L.C. Tubb Jr. tract, a distance of 593.50 fe t to a point for corner; said point being the northeast corner of said L.C.Tubb Jr.tract; THENCE South 0°09'16" East, along the said east line of the L.C. Tubb Jr. tract, a distance of 483.46 leet to a point for corner; said point being the northwest corner of said L.C.T. Properties tract; THENCE South 89a26'16" East, along the north line of said L.C.T. Properties tract, a distance of 129 9. 00 feet to a point for corner in the said west line of Harmon Road; THENCE South 0e28'16" East, along the said west line of Harmon Road, a distance of 548.11 feet to the POINT OF BEGINNING and containing 29.2358 acres or 1,273,511 square feet of land, more or less. NOTES This document was prepared under 22 TAC§663.21, does not reflect the results of an on the ground survey, at d is not to be used to convey or establish interests in real property except those rights and interests implied or establi hed by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. ANNEXATION EXHIBIT �E OF TES JOSIAH WALKER SURVEY, ,r\P.��isrei�o-'•:''cS� ICHAEL C. BILLINGSLEY `� ' ABSTRACT NO. 1603 REGISTERED PROFESSIONAL * �+ * TARRANT COUNTY, TEXAS ................................ LAND SURVEYOR NO.6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, UNIT 11 SUITE 1300 0 6558 P�: Kimlely)) Horn FORT WORTH,TEXAS 76102 �9 '��FFSS��a''o� PH. 817-335-6511 'y I' y 801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6 11 0 S R v` Fort Worlh,Texas 76102 ARM#10194040 � .I imley-ham.m michael.billingsley@kimley-horn.com Scale Drewnbv Chededbv Date Proia"No. Sh at No NIA CDP MC8 10/62020 1 061311900 i72 BILLINGSLEY,MICHAEL 10/82020 3:56 PM K:1FTW SURVEY\061311900-STONEMONT HARM0N%DWGW61311900.ST0NEM0NT HARMON_AS.DWG 12/28/2020 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTTII DATE: 12/15/2020 REFERENCE M&C 20- LOG NAME: 06AX-20-007 STONEMONT HARMON, NO.: 0924 OWNER-INITIATED CODE: L TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT. (Future CD 7) Conduct Public Hearing Authorizing Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner-Initiated Annexation of Approximately 29.2358 Acres of Land in Tarrant County, known as Stonemont Harmon, Located North of Golden Heights Road, West and Adjacent to Harmon Road, in the Far North Planning Sector, AX-20-007 (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 29.2358 acres of land in Tarrant County, Known as Stonemont Harmon, located north of Golden Heights Road, west and adjacent to Harmon Road, in the Far North Planning Sector as shown on Exhibit A; 2. Authorize execution of Municipal Services Agreement between the City and property owners, L.C.T. Properties, a Texas General Partnership, L.C. Tubb, Jr., and Judy Brown; and 3. Adopt ordinance annexing AX-20-007 for full purposes. DISCUSSION: On October 12, 2020, representatives for the property owners L.C.T. Properties, a Texas General Partnership, L.C. Tubb, Jr., and Judy Brown, 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 Tarrant County. The site is located north of Golden Heights Road, west and adjacent to Harmon Road. The owner-initiated annexation, which is approximately 29.2358 acres, is consistent with the urban development annexation criteria as established by the City's Annexation Policy. The subject area is currently agricultural and vacant land. The property owners' proposal of industrial type development is consistent with the future land use map of the 2020 Comprehensive Plan. On November 11, 2020, the related zoning case (ZC-20-158)was heard by the Zoning Commission, and the commission voted to recommend approval of the requested zoning to City Council. The requested zoning is "J" Medium Industrial. The proposed annexation site will be accessed from Harmon Road. Harmon Road is identified as a Commercial Connector on the City's Master Thoroughfare Plan \[CCO-L1-TO-TWLT-PO-BOP (80)\]. It will have one-lane per direction, with a two-way turn lane, no parking, and a 10-foot shared path. The proposed development will be required to dedicate their share of the right-of-way along Harmon Road to achieve 80 feet of right-of-way. 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 apps.cfwnet.org/council_packet/mc_review.asp?ID=28493&councildate=l2/15/2020 1/2 12/28/2020 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. 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-20-007. 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- 007 for full purposes. If annexed, this property will become part of COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that based upon approval of the above recommendation and adoption of the attached ordinance, the annexation will have a long-term positive impact to the General Fund. TO Fund Department Account Project Program Activity Budget Reference#-TA -mount] ID I I Year (Chartfield 2) mount FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year 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 FIA Stonemont Harmon- FINAL.pdf MSA Stonemont Harmon AX-20-007.pdf Ordinance (AX-20-007)mr.docx apps.cfwnet.org/council_packet/mc_review.asp?ID=28493&councildate=12/15/2020 2/2