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HomeMy WebLinkAboutContract 56679 CITY SECRETARYC!iTMTRACT NO. q MUNICIPAL SERVICES AGREEMENT N0�1 �oo.�wo��ti BETWEEN THE CITY OF FORT WORTH, TEXAS AND SHIPMAN COMPANIES,LP,A TEXAS LIMITED PARTNERSHIP Th is Municipal Services Agreement ("Agreement") is entered into on �'`- day of , 'DM by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas,("City")and SHIPMAN COMPANIES, LP,A TEXAS 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, 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 116.770 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-21-007 ("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 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. RECORD Owner-Initiated Annexation Service Agreement Ft. 4h,'ICLXITH,T 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 comparable with the provision of services available in other parts of the municipality with topography, land use and population density similar to the level of service contemplated or projected in the area. 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 Development Services 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 9 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 lk J( 3 of 9 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. 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 9 CITY OF FORT WORTH SHIPMAN COMPANIES, LP, A TEXAS LIMITED PARTNERSHIP V ;By: By. Name: P_ Name: Davi W. hipman, Jr. Title: Assistant City Manager Title: Limited Partner&Authorized Agent Approved as to Form and Legality: Name: MIA 12&mm, Senior Assistant City Attorney Attest: City Secretary r Approvals: M&C: 1-055- Nov-09 'au ► Ordinance No. 0 5 g -11 vZO a OFFOCOAL RECORD CITY SECRETARY( FT. WORTH,TX Owner-Initiated Annexation Service Agreement State of Texas § County of Tarrant § This instrument wasacknowledged before me on the/.r day of /r , 204V by lJLj/k r, p� , Assistant City Manager of the City of Fort Worth, a Texas municip corporation, on behalf of said corporation. By: Notary Public, State of Texas EVpNIA DANIELS i v=Notary Public,State of Texas Comm.Expires 07-13-2025 Notary ID 126950030 State of Tex § County of d S. § (� This instrument was acknowledged before me on the day of VG , 2021, by David W. Shipman, Jr., Limited Partner&Authorized Agent of Shipman Companies, LP, A Texas Limited Partnership on be al f of said Texas Limited Partnership. By:7K,� D-hm Notary Public, State of Texas 'YP�e, KANDI DANIEL :24: :Notary Public, State of Texas = •. '�� Comm. Expires 02-10 2024 �� •�,�+� Notary ID 132351667 After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Owner-Initiated Annexation Service Agreement 41 4 4,9 EXHIBIT A I A ` _ a *0 N wo w o u r5noJ >y.�6a 1 0 I k �a1 � � , xe1 O � Q �— J X N m i�j v�i Y 6 © <N O W ~X v►O �' 4rp N = ly ~ YW W coo 0 a°z s o F- w Qfz 20 U Ja¢ 0.m ° sz� o L w; UU AONViI _ Q z ll(131'I(11 O O O I �rd7NO _ dp p w.o-a uioM 3,ev,wN 3AV lav0-w —�A�lalav�'w as 31�v3 m W]ONVINDFUI E (O e0 (C`! 0) ion ti a0 N ev�tZ ��m�b�Z 33o �O $26 00 N N �~� 0.II "S n o O O IJUTIVH z Q ~g go LL z\ m (0 Conw Q M N L A3w,oaa 40 uq W N W MOM land do Alin z G 00 Z. dd W w W t0 O (1) N O M a �o m d O O Z LO .�— d 00 Q e`a O CL N ., (0 0 l9 .o� OO Cl) wOZNiN O c� ^ N cn s 5 Ln Z (0 �� tick 's a�ti s 4 (0 d z ¢ $ d Z WN�R Zoeti W -NJa39wll010 C;s 0 lot _ z O OJ k w, O CO rnZ Z o U 1 80393 VW I Y� Y ti OOi O(h O h I Qgti ° Z N Z iq I 4- HN cs N N @o� UO I 12, = ti i J p20N �Nti Lj o�aci 300 0 z �- o QQ � znrs 2 cic�i w '^° o o I f13 H1iiOM 1TJOd d0 Al l0 W�`0 0° A C N 4 f13 H1aOM lHOd d0 AL0 _•_ HiHOM E60d d0 AlID U Un-tra'uavn a,enavN H1110M 00 d0 A110 Oa lOf A31MOa0-3NwG310 010 ° .- V O 2 x � Owner-Initiated Annexation Service Agreement 7 of 9 EXHIBIT A Continued A TRACT OF LAND SITUATED IN THE HIRAM RIDDLE SURVEY, ABSTRACT NO. 1329, TARRANT COUNTY, TEXAS, BEING ALL OF THAT CERTAIN TRACT OF LAND CONVEYED TO SHIPMAN COMPANIES, LP IN THAT DEED RECORDED IN DOCUMENT NO. D221123842, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2" IRON ROD FOUND IN THE WESTERLY RIGHT-OF-WAY LINE OF McCART AVENUE (VARIABLE R-O-W) FOR THE MOST EASTERLY SOUTHEAST CORNER OF SAID SHIPMAN COMPANIES, LP TRACT AND FOR THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO SOUTH CENTRAL CHURCH OF CHRIST OF CROWLEY IN THAT DEED RECORDED IN DOCUMENT NO. D215004469, DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY LINE AND SAID COMMON CORNER S 89°20'44" W ALONG THE NORTH LINE OF SAID SOUTH CENTRAL CHURCH OF CHRIST OF CROWLEY TRACT, A DISTANCE OF 361.44 FEET TO A 5/8" IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID SOUTH CENTRAL CHURCH OF CHRIST OF CROWLEY TRACT AND FOR THE NORTHEAST CORNER OF LOT 1, BLOCK 1, CHILES ADDITION, ACCORDING TO THAT PLAT RECORDED IN CABINET B, SLIDE 2534, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE S 89°27'45" W ALONG THE NORTH LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 294.89 FEET TO A 1/2" IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID LOT 1, BLOCK 1; THENCE S 00'28'39" E ALONG THE WEST LINE OF SAID LOT 1, BLOCK 1, A DISTANCE OF 360.71 FEET TO A 1/2" IRON ROD FOUND WITH A CAP STAMPED "RPLS 5544" IN THE NORTH RIGHT-OF- WAY LINE OF CLEBURNE-CROWLEY ROAD (VARIABLE R-O-W) FOR THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID SHIPMAN COMPANIES, LP TRACT AND FOR THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK 1 FROM WHICH A BENT 1/2" IRON ROD FOUND BEARS S 00-28'39" E, A DISTANCE OF 0.31 FEET; THENCE S 89°31'04" W ALONG SAID NORTH RIGHT-OF-WAY LINE AND THE SOUTH LINE OF SAID SHIPMAN COMPANIES, LP TRACT, A DISTANCE OF 1465.69 FEET TO A 1/2" IRON ROD FOUND WITH A CAP STAMPED "RPLS 5544" FOR THE SOUTHWEST CORNER OF SAID SHIPMAN COMPANIES, LP TRACT; THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE N 00°00'00" W, A DISTANCE OF 961.47 FEET TO A 1/2" IRON ROD FOUND WITH A CAP STAMPED "RPLS 5544"; THENCE N 90°00'00" W, A DISTANCE OF 223.98 FEET TO A 1/2" IRON ROD FOUND WITH A CAP STAMPED "RPLS 5544"; THENCE N 00°35'29" W A DISTANCE OF 790.85 FEET TO A 1/2" IRON ROD FOUND WITH A CAP STAMPED "RPLS 5544"; Owner-Initiated Annexation Service Agreement 801,9 THENCE N 90°00'00" E, A DISTANCE OF 481.05 FEET TO A 1/2" IRON ROD FOUND WITH A CAP STAMPED "RPLS 5544"; THENCE N 43°36'19" E, A DISTANCE OF 468.19 FEET TO A 1/2" IRON ROD FOUND WITH A CAP STAMPED "RPLS 5544"; THENCE N 00'00'00" W, A DISTANCE OF 572.65 FEET TO A 1/2" IRON ROD FOUND WITH A CAP STAMPED "RPLS 5544" IN THE SOUTH RIGHT-OF-WAY LINE OF DUBLIN RIDGE DRIVE (50' R-O-W) FOR THE NORTHWEST CORNER OF SAID SHIPMAN COMPANIES, LP TRACT; THENCE N 89°49'48" E ALONG SAID SOUTH RIGHT-OF-WAY LINE AND THE NORTH LINE OF SAID SHIPMAN COMPANIES, LP TRACT, A DISTANCE OF 1529.52 FEET TO AN "X"-CUT FOUND FOR THE INTERSECTION OF SAID SOUTH RIGHT-OF-WAY LINE AND THE WEST RIGHT-OF-WAY LINE OF McCART AVENUE (VARIABLE R-O-W) AND FOR THE NORTHEAST CORNER OF SAID SHIPMAN COMPANIES, LP TRACT; THENCE S 00'26'28" E ALONG SAID WEST RIGHT-OF-WAY LINE AND THE EAST LINE OF SAID SHIPMAN COMPANIES, LP TRACT, A DISTANCE OF 2288.63 FEET TO THE POINT OF BEGINNING, AND CONTAINING 116.770 ACRES OF LAND, MORE OR LESS. Owner-Initiated Annexation Service Agreement 9 of 9 Uu':� City of Fort Worth, Texas Mayor and Council Communication DATE: 11/09/21 M&C FILE NUMBER: M&C 21-0835 LOG NAME: 06AX-21-007 SHIPMAN TRACT—OWNER INITITATED SUBJECT (Future CD 6)Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner-Initiated Annexation of Approximately 116.77 Acres of Land in Tarrant County, Known as the Shipman Tract, Located North of Cleburne Crowley Road, South of McPherson Avenue and West of McCart Boulevard, and approximately 3.693 acres of right-of-way in the Far South Planning Sector,AX-21-007 (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 119.375 acres of land and approximately 3.693 acres of right-of-way in Tarrant County, known as the Shipman Tract, located north of Cleburne Crowley Road, south of McPherson Avenue and west of McCart Boulevard,as shown on Exhibit A; 2. Authorize execution of municipal services agreement between the City and property owners, Shipman Companies, LP, A Texas Limited Partnership;and 3. Adopt ordinance annexing AX-21-007 for full purposes. DISCUSSION: On May 3, 2021, representatives for the property owners Shipman Companies, LP,A Texas Limited Partnership, submitted a request 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 Cleburne Crowley Road, south of McPherson Avenue and west of McCart Boulevard. The owner-initiated annexation, which is approximately 116.77 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 residential type development is consistent with the future land use map of the 2021 Comprehensive Plan. The proposed annexation includes 3.693 acres of right-of-way adjacent to the property. On September 8, 2021, the related zoning case (ZC-21-048)was heard by the Zoning Commission, and the commission voted to recommend approval of the requested zoning to City Council. The requested zoning is"A-5"One-Family. At the time of annexation the site will be served through Old Cleburne Crowley Road and Cleburne Crowley Road. McCart Avenue will eventually be added to the road network that serves the proposed annexation site. McCart Avenue is scheduled for construction as part of a Capital Improvements Project(CIP)that is anticipated to start in December of 2021. Completion of improvements to McCart Avenue is scheduled for February 2024. Per the City's Master Thoroughfare Plan, both McCart Avenue and Cleburne Crowley Road are planned to be 2 lane, neighborhood connectors with a center,two-way left turn lane. The proposed subdivision buildout date is 2024 upon which time it is anticipated that 30%of the generated traffic will use McCart Avenue. Upon annexation the property will be subject to the rough proportional assessment for improvements necessary for the roadways described. The development is located adjacent to Transportation Impact Fee Service Area Y and subject to the transportation impact fee ordinance in accordance with the applicable final plat recordation. Once the developer fulfills their roughly proportionate improvements to Old Cleburne Crowley Road and the CIP projects are complete there will be adequate roadways to serve the subdivision. Also,the city has recently approved other preliminary plats in the surrounding area. It is anticipated that because of additional roadway improvements done by adjacent and nearby developers that roadway conditions will be adequate to serve this and other proposed developments in the area. 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. Emergency services will be provided through the City of Fort Worth. The City's Fire Department will provide will provide emergency and fire protection services comparable with the provision of services available in other parts of the municipality with topography, land use and population density similar to be the level of service contemplated or projected in the area. Emergency medical services will be provided by City's Fire Department and MedStar or other entity engaged by the City. The City's Police Department will provide protection and law enforcement services. 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-21-007. 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-21-007 for full purposes. If annexed,this property will become part of COUNCIL DISTRICT 6. 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 bk Dana Burghdoff 8018 Originating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Leo Valencia 2497 Expedited