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HomeMy WebLinkAboutContract 55616. i� 4,'j: - I �,� � , �-:, t�� . `.. F RECEIVED APR 2 6 2021 CIiYOFFORTWGr �; ; ! ��1YSECRETA; ;, MUNICIPAL SERVICES AGREEMENT ,_ � `' • _ _ . , BETWEEN THE CITY OF FORT WORTH, TEXAS AND WALSH RANCHES LIMITED PARTNERSHIP This Municipal Services Agreement ('Agreement") is entered into on _� day of ��. ,_� by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas, ("City") and Walsh Ranches Limited Partnership ("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 Countv, Texas, which consists of approximately 242.279 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 CaseNo. AX-20-005 ('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 subj ect 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 Owner-Initiated Annexation Service Agreement ����C��6�� �������1.�;� �0� �C������€!�l!;;;�i� �� �����r � � 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. Emer�v 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 Zonin� — 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 Buildin�s — Residents of the Property will be permitted to use all other publicly owned buildings and facilities where the public is granted access. vii. Stormwater Utilitv 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 impeivious surface. The fees will cover the direct and indirect costs of stormwater management services. viii. Roads and Streets (includin� Street li�htin�) — 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 Existin� 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 sewet• 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 acicnowledges 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 othet• 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 guat•antees 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 acicnowledge 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 pai�ty's right to insist upon appropriate perfoimance or to assert any such right on any future occasion. 10. GOVERNMENTAL POWERS. It is undeistood 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 counteiparts, 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 i•unning 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 WALSH RANCHES LIMITED PARTNERSHIP By: 1�1 � � � � ,., � i`�; '�l ;� ghdo � By. Gary G�°ble� City Manager Vice President Approved as to For d Legality: �I9 �� � Senior Assistant City Attorney Attest: i � %� Mary Kayser City Secretary ._ ::; ����� ��: b�- : �: � •y �'+.. ...... _ Approvals: � M&c �-��D`Z�i� �4��aoj�� Ordinance No. ��g�-�--�`-r - ��'l State of Texas County of Tarrant § § �� k;, .`�� %?Y � This instrument was acicnowledged before me on the �,� day of ,, 2(�� by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, a Texa municipal corporation, on behalf of said corporation. IC Notary Public, State of Texas .; � P1 ry`�' — �{y r'>i'f ��`a f F N n ���r%�` ;ll .; I' I�il, �1 Fi �; MARIA S, SANGHEZ `*: My Not�ry ID # 2256490 "� Expires December 19, 2021 Owner-Initiated Annexation Service Agreement S Of 7 STATE OF TEXAS COUNTY OF TARRANT § § This instrument was acknowledged before me on the � by Gary Goble, Vice President of Walsh Ranches Limited Partnership. By: (�C, day of , 20 �q on behalf � o4�v a��, S,q��Y A. SLEDGE Notary Public; State of Texas *� t Notary Pub��c, 5tate of 7�ws � Comm. Explres 04-01-2021 �'of Notary ID 511891-8 ,;=r + � ��_� ;� , _�-��- �� � k. , : �- �;; • `I Owner-Initiated Annexation Service Agreement b OI / 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 � 0- 700 0 700 � SURVEY LINE y�y SJ96 �N c� aP� 1� � Q ry� BF,� PgS��P =�o � oQ�ti J � /O�v � OLD GRANBURY ROAD (COUNTY ROAD 1089) (vaaine� a.o.w.) � 3/B" IR��2'�(� � � "WA" TARRANT COUNTY /B"CIRS 'WA' 242,279 ACRES (16,553,672 SQ. FEET) TRACT 3 WALSH RANCHES LIMITED PARTNERSHIP — VOL. 12624, PG. 92 O.P.R.T.C.T S� 6�� LIMITED PARTNERSHIP ��� VOL. 12624, PG. 92 O.P.R.T.C.T 'PROX. CIiY LIMIT LINE Q� m 00 � �� � O m � 9= 0 o� TRACT1 WALSH RANCHES LIMITED PARTNERSHIP VOL. 12624, PG. 92 O.P.R.T.C.T " "WA" g�� I INF �y TRACT 2 I `� WALSH RANCHES APPROX. CIlY LIMIT LINE IRF IAAG NAIL TARRANT COUNTY �.J6� S�T KHRIS DAVIS O'GRADY & S 9t+ WESLEYA.DAVIS �(\�'� , C.C.# D212254877 0� t N� O.P.R.T.C.,O� PO:��PG TY OF FORT WORTH G' i� 3/8"IRF CITY OF N FORT WORTH S88'26'S4'E 1.43' TXU ROCKY CREEK SUBSTATION ADDITION C.C.# D201212673 O.P.R.T.C.T. PAG E 3 oF 3 TARRANT COUNTY •BRIDGET EkSTON VOL.13893, PG. 7D9 O.P.RT.C.T, :�q7. . a�.��. • � +p.�. • ■ r • v �. •. - �•: )NA71 I uvwG TRusr C.C.#D212174662 O.PRT.C.T. �y� .rni r-�� . �. SUNSETSADDfiION -C.C.#D196174443 O.P.RT.C.T. EDWARD DQ�iRES C.C.# D2051B9?ffi OP.RT.C.T. ��� B 5`�� O P�O�,�� � J�0 t�G P �T LEGEND I.R.F. IRON ROD FOUND C.I.R.F. CAPPED IRON ROD SET C.I.R.S. CAPPED IRON ROD FOUND CC/ COUNTY CLERK FILE No. O.P.R.T.C.T. OFFlCIAL PROPERTY RECORDS, TARRANT COUNTY, TEXAS (CM) CONTROWNO NONUMENT TE: 09/11/2020 E X H I B I T " A" WN BY: J.S.G. ANNEXATION EXHIBIT KD BY: A.C.B. iN THE BENIAMIN THOMAS SUBVEY, ABSTPACT No. 1196; IUAN JOSE �JNO. 0073 ALBIMDDSUNYE7,ABSTNACTNo.4;ANDTHELUTICIAGOiF .:�i�ie•�• VOL 11498, PG.142 O.P.R.T.C.T. ROYGUVANO ;C31�21302BBi o.P.RT.c.r. �JP� 1 "PIPE WA Surveying, Ine. /�� 3017 West 71h Slreel Phune 692 7�7.0800 s�i� o0 Fod Worih, Te�<es 76107 TBP L S Fnm No 1019k3:0 Owner-Initiated Annexation Service Agreement 1 of 3 EXHIBIT A Continued BEING A 242.279-ACRE TRACT OF LAND SITUATED IN THE BENJAMIN THOMAS SURVEY, ABSTRACT No. 1496, THE JUAN JOSE ALBIRADO SURVEY, ABSTRACT No. 4, AND THE LUTICIA GOFF SURVEY, ABSTRACT No. 633, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED TO WALSH RANCHES LIMITED PARTNERSHIP BY DEED RECORDED IN VOLUME 12624, PAGE 92 OF THE OFFICIAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING ATA 1-INCH PIPE FOUND IN THE CENTERLINE OF OLD GRANBURY ROAD (AN 80-FOOT WIDE RIGHT-OF-WAY) FOR THE SOUTHEAST CORNER OF SAID WALSH RANCH TRACT; THENCE SOUTH 89°06'45" WEST, WITH THE SOUTH LINE OF SAID WALSH RANCHES TRACT AND THE CENTERLINE OF SAID OLD GRANBURY ROAD, A DISTANCE OF 978.22 FEETTO A 3/8-INCH IRON ROD FOUND AT THE REENTRANT CORNER OF SAID LUTICIA GOFF SURVEY; THENCE SOUTH 00°42'28" EAST, CONTINUING WITH SAID SOUTH LINE AND SAID CENTERLINE, A DISTANCE OF 320.87 TO A MAG NAIL SET FOR THE SOUTHERNMOST SOUTHEAST CORNER OF SAID WALSH RANCHES TRACT; THENCE SOUTH 89°15'30" WEST, DEPARTING SAID CENTERLINE AND CONTINUING WITH SAID SOUTH LINE, A DISTANCE OF 2,740.57 FEET TO THE SOUTH COMMON CORNER OF SAID WALSH RANCHES TRACT AND A TRACT OF LAND DESCRIBED TO ONCOR ELECTRIC DELIVERY COMPANY BY DEED RECORDED IN COUNTY CLERK FILE No. D202329261 OF SAID OFFICIAL PUBLIC RECORDS, FROM WHICH A 60d NAIL FOUND IN A FENCELINE BEARS SOUTH 88°26'S4" EAST, 1.43 FEET; THENCE WITH THE EAST LINE OF SAID ONCOR ELECTRIC TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 28°04'42" EAST, A DISTANCE OF 1,870.95 FEET TO A TO A 5/8-INCH CAPPED IRON ROD STAMPED "UA SURVEYING" SET (HEREINAFTER REFERRED TO AS "SET IRON ROD") FOR CORNER; NORTH 61°55'18" WEST, A DISTANCE OF 25.00 FEET TO A TO A SET IRON ROD FOR CORNER; NORTH 28°04'42" EAST, A DISTANCE OF 1458.01 FEET TO A TO A SET IRON ROD FOR THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 17,039.00 FEET AND A CHORD THAT BEARS NORTH 29°34'12" EAST, 887.10 FEET; WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 2°59'00", AN ARC LENGTH OF 887.20 FEET TO A SET IRON ROD FOR CORNER; NORTH 31°03'42" WEST, A DISTANCE OF 644.92 FEET TO A TO A SET IRON ROD AT THE SOUTH LINE OF SAID OLD GRANBURY ROAD FOR CORNER; THENCE NORTH 89�15'30" EAST, WITH THE NORTH LINE OF SAID WALSH RANCHES TRACTAND ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 1,348.52 FEET TO A MAG-NAIL SET IN THE CENTERLINE OF SAID OLD GRANBURY ROAD FOR THE NORTHEAST CORNER OF SAME TRACT; THENCE SOUTH 00°44'30" EAST, WITH SAID CENTERLINE, A DISTANCE OF 3,919.23 FEETTO THE POINT Owner-Initiated Annexation Service Agreement 2 of 3 OF BEGINNING AND CONTAINING A CALCULATED AREA OF 242.279 ACRES (10,553,672 SQ. FEET) OF LAND. Owner-Initiated Anneaation Service Agreement 3 of 3 4/29/2021 CITY COUNCIL AGENDA DATE: CODE: 4/20/2021 REFERENCE M&C 21- NO.: 0296 L TYPE: NON- CONSENT Oiricial site oi ii�� Ci�, oi Fo;i V/ortii, I2xa, FORT��'URTII -��- LOG NAME: 06AX-20-005 FRASER RANCH, OWNER-INITIATED PUBLIC NO HEARING: SUBJECT: (Future CD 6) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Adopt Attached Ordinance for the Proposed Owner-Initiated Annexation of Approximately 242.279 Acres of Land in Tarrant County, Known as Fraser Ranch, Located South of McPherson, West of Chisholm Trail Parkway along the Eastern Edge of the Fort Worth & Western Railroad, in the Far Southwest Planning Sector, AX-20-005 (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 242.279 acres of land in Tarrant County, known as Fraser Ranch, located south of McPherson, west of Chisholm Trail Parkway along the eastern edge of the Fort Worth & Western Railroad, in the Far Southwest Planning Sector as shown on Exhibit A; 2. Authorize execution of Municipal Services Agreement between the City and property owners, Benchmark Acquisitions, LLC; and 3. Adopt ordinance annexing AX-20-005 for full purposes. DISCUSSION: On October 2, 2020, representatives for the property owners Benchmark Acquisitions, 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 Tarrant County. The site is located south of McPherson, west of Chisholm Trail Parkway along eastern edge of the Fort Worth & Western Railroad. The owner-initiated annexation contains approximately 242.279 acres of land. The proposed annexation is consistent with the urban development criteria as established by the City's Annexation Policy. The subject area is currently agricultural and vacant land. The property is proposed for residential and commercial type development. On March 10, 2021, the related zoning case (ZC-20-137) was presented to the Zoning Commission, and the commission voted to recommend approval of the requested zoning to City Council. The requested zoning is "A-5" Singfe Family Residential and "G" Intensive Commercial. 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: E 2. A list of each service the municipality will and A schedule that includes the period within that is not provided on the effective date provide on the effective date of the annexation; which the municipality will provide each service of the annexation. The municipal services agreement includes these provisions in accordance with state law. The proposed voluntary annexation abuts approximately 2.254 acres of county right-of-way. Under Section 43.106 of the Texas Local Government Code "a municipality that proposes to annex any 1/ •���� apps.cfwnet.org/council_packeUmc review.asp?ID=28846&councildate=4/20/2021 112 4l29/2021 IdiF.?LH:Z�RC�1 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 2.254 acres is the required right-of-way portion of the county road. 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. The 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 area meeting the City's annexation criteria and the ability for the City to provide services, staff recommends approval of the requested owner-initiated annexation, AX-20-005. 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 and adopt an ordinance annexing the Fraser Ranch. Upon approval of the annexation request, the property will become part of COUNCIL DISTRICT 6. 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. Fund Fund Department ID Department ID Account Account Project ID Project ID Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS 0073 Fraser Ranch-Schematic Plan 20210205.pdf F�chibit A- Site Map AX-20-005.pdf FIA Fraser Ranch - Benchmark Acquisitions, LLC.pdf Budget Year Budget Year Dana Burghdoff (8018) D.J. Harrell (8032) Leo Valencia (2497) Ordinance (AX-20-005 Fraser Ranch) Benchmar{c Acquisitions, LLC.docx Revised Partially Executed MSA.PDF Program � Activity Program � Activity Reference # Chartfield 2' Reference # Chartfield 2 Amount _ u • _ � � apps.cfwnet.org/council_packet/mc review.asp?ID=28846&councildate=4/20/2021 2/2