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HomeMy WebLinkAboutContract 58410 (2) CSC No. 58410 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND GEO BEGGS ALEDO RANCH,LP. and ROCKRIVER PARTNERSHIP,LTD. This Municipal Services Agreement ('Agreement") is entered into on 8th day of November , 2022 by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas, ("City") and Coo Abdo Ranch, I.P. and Rockriver Paftn hip, Ill ("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 Parker County, Texas, which consists of approximately 249.981 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-21-006 ('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. OFFICIAL RECORD CITY SECRETARY Owner-Initiated Annexation Service Agreement FT.WORTH,TX 1 of9 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 inspcction 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 tc execute, deliver and perform their obligations pursuant to this Agreement. Owner acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City Council. Nothing in this Agreement guarantees favorable decisions by the City Council. 6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability will not affect the validity of any other part,term or provision, and the rights of the parties will be construed as if the part,term, or provision was never part of the Agreement. 7. INTERPRETATION. The parties to this Agreement covenant and agree that in any litigation relating to this Agreement, the terms and conditions of the Agreement will be interpreted according to the laws of the State of Texas. The parties acknowledge that they are of equal bargaining power and that each of them was represented by legal counsel in the negotiation Owner-Initiated Annexation Service Agreement 3 of 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 GEO BEGGS ALEDO RANCH, LP. Dana BurAh�JofF ""4, - .,iw- By: Dana Bur�doff m12,202211:26EST) By, AAAAVAJ Name: N e• ames H. Clement, Jr. Title: Assistant Cily Manager _ Title: PR9!5'11)f&7 6�6vel?'Q 19A'd71V". Approved as to Form and Legality: ROCKRIVER PARTNERSHIP, LTD. A'a" - By: Name: Melinda Ramos Name: R. Willing Ryan, III Senior Assistant City Attorney Title: 4,d.04Vp4� , Attest: Y F FORt 09 � �d p�`o o-0D .7a`rhette S Goodall p*oa o o* Janneite&Gwdall(Nw 30,2022 08:56 CST) QaAy City Secretary aa�nFapgbpp Approvals: M&C: 22-0887 Ordinance No.25838-11-2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Owner-Initiated Annexation Service Agreement ;of,() CITY OF FORT WORTH GEO BEGGS ALEDO RANCH,LP. Daunt ffLt,lhL�OAC By: Dana Burghdoff Nov 12,2022 11:26 EST) By: Name: Name: James H. Clement,Jr. Title: Assistant City Manager Title: Approved as to Form and Legality: ROCKR V P TN R IP, LTD. W,JJw By: Name: Melinda Ramos Name: R. Wilting Ry , III Senior Assistant City Attorney Title: ' Attest: 4 7a1r1-1ette S 600611 Jannette S.Goodall(Nov 30,2022 08:56 CST) City Secretary Approvals: M&C: 22-0887 Ordinance No. Owner-Initiated Annexation Service Agreement 5 of 9 State of Texas § County of Tarrant § This instrument was acknowledged before me on the 29th day of November , 2022, by Dana Burghdoff , Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. By: Notary Public, State of Texas o rev Poet SELENA ALA a Notary Public t + STATE OF TEXAS Notary I.D.132422528 �FOF My Comm.Exp.Mar.31,2024 State of E1S § County of 'p Q,EW § This instrument was acknowledged before me on the day of , 201.2; by (Title) 6 on behalf of Ca-*-v_3EG!ES kG4444 +LAA%OL L4-G Notary Public State of 0Y_N5 �,.�`1PavP��,, JEANNE HAYDEN Notary Public,State of Texas }` Comm.Expires 11-24-2022 AND Notary ID 1353680 State of § County of § This instrument was acknowledged before me on the day of , 20_, by (Title) on behalf of Notary Public, State of After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Owner-Initiated Annexation Service Agreement 6 of 9 State of Texas § County of Tarrant § This instrument was acknowledged before me on the 29th day of November , 2022� by Dana Burghdoff , Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. By: Notary Public, State of Texas SELENA ALA i Notary Public + STATE OF TEXAS Notary I.D.132422528 9jF OFP My Comm.Exp.Mar.31,2024 State of -Fe rp r § County of "F -t — § fi This instrument was acknowledged before me on the day of9 v s by (Title) on behalf of r; r,� ,� ,• �,,s, L7'l,� Notary Public, State of T&,xrs' ------ Ll BOVEE TRAINOR Notary Public, State of Texas ANDComm. Expires 05-14-2025 ' a +� Notary ID 124523364 State of § County of § This instrument was acknowledged before me on the day of , 20_, by (Title) on behalf of Notary Public, State of After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Owner-Initiated Annexation Service Agreement 6 of 9 EXHIBIT A I W it ixu I ; s ! / .attn cmra ?i tRJ B �i_11at _— _--- iIW�I4fl til+t65e33 i�t�t 91 .pYpp t ! J tr ... rrr� i = '3 Y. # z^I }filt 73 v 5..t w li > F • l' a .. t ....- ..:,. .-,. -. _., .. _ :�..d..Y. kid S �li•� t FFIrrI rd W^�.F 5 irkt ��• -d $�X S . k ; t Owner-Initiated Annexation Service Agreement 7 of 9 Exhibit A Continued Being a 249.981 acre tract situated in the W.M. Cagle Survey, Abstract No. 2373, and the G.E. & A.H. Tandy Survey, Abstract No. 2356, Parker County, Texas, and being comprised of that certain called 129.769 acre tract described in instrument to Geo Beggs Aledo Ranch, LP, recorded under Clerk's File Number 202043651, of the Official Public Records, Parker County, Texas (O.P.R.P.C.T.)and that certain called 127 acre tract described in said instrument to Geo Beggs Aledo Ranch, LP, said 249.981 acre tract being more particularly described by metes and bounds as follows: Bearings, Distances,and/or Areas derived from GNSS observations performed by Texas Surveying, Inc.and reflect N.A.D. 1983,Texas State Plane Coordinate System,North Central Zone 4202.(Grid) (Grid acreage is 249.921, surface acreage calculated using scale factor of 1.00012). BEGINNING at a found Texas Department of Transportation monument for the southside corner of a cutback on the east right-of-way of F.M. 3325 also known as Farmer Rd. (120 foot wide), and being the same tract described as Parcel# 15 in instrument to the State of Texas,recorded in Volume 1707, Page 612 O.P.R.P.C.T., being the most westerly northwest corner of the herein described 249.981 acre tract; THENCE North 45' 32' 00" East, 68.72 feet, with said cutback, to a found Texas Department of Transportation monument, for the northside corner of said cutback, at the intersection of said F.M. 3325 and the south right-of-way line of Old Weatherford Road(40 foot wide),also known as Mary's Creek Road and County Road 1083, being on the north line of said 129.769 acre tract,and being the most northerly northwest corner of the herein described 249.981 acre tract; THENCE with the south right-of-way of said Old Weatherford Road and generally with a fence the following 19 courses and distances: South 89'49' 24"East, 1301.21 feet,to a found 3" steel fence post for an angle corner; North 89'48' 32"East, 134.86 feet, to a found 3" steel fence post for an angle corner; South 83' 02' 18"East, 171.57 feet,to a found 3" steel fence post for an angle corner; South 82' 06' 5 1"East, 353.36 feet,to a found 3" steel fence post for an angle corner; South 73' 29' 43" East, 61.04 feet,to a found 3" steel fence post for an angle corner; South 47' 59' 24"East, 63.81 feet,to a found 3" steel fence post for an angle corner; South 530 05' 19"East, 38.74 feet,to a found 3" steel fence post for an angle corner; South 68' 37' 40" East 9.20 feet, to a found 3" steel fence post for an angle corner; South 86' 16' 42"East, 130.12 feet,to a found 3" steel fence post for an angle corner; Owner-Initiated Annexation Service Agreement 8 of 9 North 84'24' 17"East, 213.73 feet, to a found 3" steel fence post for an angle corner; North 71°40' 19"East, 160.89 feet, to a found fence post for an angle corner; North 71° 38' 5 1"East, 472.31 feet, to a found 4" steel fence post for an angle corner; North 79' 13' 33"East, 215.2-7 feet, to a found 3" steel fence post for an angle corner; North 83'47' 15"East, 98.14 feet, to a found 3" steel fence post for an angle corner; South 79' 33' 12"East, 319.68 feet, to a found 3" steel fence post for an angle corner; South 70' 09' 15"East, 375.52 feet,to a found 1/2" iron rod, being the southwest corner of a 31.4 acre tract described in instrument to the Catholic Diocese of Fort Worth, recorded in Volume 2459, Page 1357 O.P.R.P.C.T., for an angle corner of the herein described 249.981 acre tract; North 88' 58' 11" East, 899.91 feet, to a found 5/8" iron rod, being the southeast corner of said 31.4 acre tract, for the southwest corner of a tract described in instrument to Aledo Independent School District,recorded in Volume 2583,Page 1480 O.P.R.P.C.T.,for an angle corner of the herein described 249.981 acre tract; North 89' 18' 49"East,274.84 feet,to a found 3/4" iron rod,on the south line of said Aledo Independent School District tract, being the northeast corner of a tract described in instrument to Walsh Ranches Limited Partnership, recorded in Volume 1699, Page 1765 O.P.R.P.C.T., being the northeast corner of said 127 acre tract and the northeast corner of the herein described 249.981 acre tract; THENCE South 00'33' 28"East, 2016.00 feet, with a west line of said Walsh Ranch tract,the east line of said 127 acre tract,to a found 1/2" iron rod, for an interior corner of said Walsh Ranch Tract, being the southeast corner of said 127 acre tract and the southeast corner of the herein described 249.981 acre tract; THENCE South 89' 18' 19" West, 5227.22 feet, with a north line of said Walsh Ranch tract and the south line of said 127 acre tract and said 129.769 acre tract, to a found Texas Department of Transportation monument, on the east right-of-way of said F.M. 3325, for the southeast corner of said Parcel # 15,being the southwest corner of the herein described 249.981 acre tract; THENCE North 01° 03' 12" West, 2094.43 feet, with the east right-of-way of said F.M. 3325 to the POINT OF BEGINNING and containing 249.981 acres of land. Owner-Initiated Annexation Service Agreement 9 of 9 City of Fort Worth, Texas Mayor and Council Communication DATE: 11/08/22 M&C FILE NUMBER: M&C 22-0887 LOG NAME: 06AX-22-006 BEGGS EAST—OWNER INITITATED SUBJECT (Future CD 3)Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner-Initiated Annexation of Approximately 249.981 Acres of Land in Parker County, Known as Beggs East, Located at the Southeast Comer of the Intersection of Old Weatherford Road and Farmer Road/Farm to Market Road 3325,and Approximately 11.946 Acres of Right-of-Way in the Far West Planning Sector,AX-22-006 (PUBLIC HEARING-a. Report of City Staff.Stuart Campbell;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 249.981 acres of land and approximately 11.946 acres of right-of-way in Parker County,known as the Beggs East,located at the southeast corner of the Intersection of Old Weatherford Road and Farmer Road/Farm to Market Road 3325,as shown on Exhibit A; 2. Authorize execution of municipal services agreement between the City of Fort Worth and property owners,Geo Beggs Aledo Ranch, LP.and Rockriver Partnership, Ltd.;and 3. Adopt ordinance annexing AX-22-006 for full purposes. DISCUSSION: On August 1,2022, representatives for the property owners Geo Beggs Aledo Ranch, LP.and Rockriver Partnership, Ltd.,submitted a request for full-purpose annexation of the property shown on Exhibit A into the City of Fort Worth(City).The subject property is located entirely in that portion of the City's extraterritorial jurisdiction which is in Parker County.The site is located at southeast corner of the intersection of Old Weatherford Road and Farmer Road/Farm to Market Road 3325(FM 3325).The owner-initiated annexation,which is approximately 249.981 acres,is consistent with the urban development annexation criteria as established by the City's Annexation Policy.The proposed annexation includes 11.946 acres of right-of-way(Old Weatherford Road and Farmer Road(FM 3325))adjacent to the property. The subject area is currently agricultural and vacant land.The property owner's propose land uses of residential and commercial development are inconsistent with the future land use map of the 2022 Comprehensive Plan. Per Subdivision Ordinance,Section 31-2(b)(1),the City Plan Commission is required to study and make a recommendation on proposals for voluntary annexations that are inconsistent with the Comprehensive Plan.On September 28,2022,the City Plan Commission voted to recommend approval of the inconsistent land uses proposed in annexation case AX-22-006. The 2022 Comprehensive Plan identifies the future land use for this site as Single-Family Residential and Neighborhood Commercial.The proposed development is compatible with current surrounding land uses, but not consistent with the future land use. The related zoning case(ZC-22-160)was initially heard by the Zoning Commission on October 12,2022.The Commission voted to recommend approval of the requested zoning districts,which include:"A-5"One Family,"R2"Townhouse/Cluster,"D"High Density(Multifamily),and"G" Intensive Commercial.This related zoning case is on this November 08,2022 City Council agenda for consideration. The site is not currently in the City's Certificate of Convenience and Necessity(CCN),nor is it within another Utility's CCN.The City will be processing a CCN request to include it in our CCN boundary.Also,this site is identified in the City's 20-year Planned Service Area. The site will be served by and Old Weatherford Road and Farmer Road(FM 3325).Old Weatherford Road is currently a rural one lane street with no shoulder. Farmer Road(FM 3325)is a rural one lane street with a shoulder. Due to the substandard conditions of Old Weatherford Road the developer will be required to show,during the platting process,what improvements they will make to provide adequate access to the residents. 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 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 prepared by Planning &Data Analytics with the assistance of other 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-22-006. 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- 22-006 for full purposes. If annexed,this property will become part of COUNCIL DISTRICT 3. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached ordinance,the annexation will have a long-term positive impact to the General Fund. Submitted for City Manager's Office by. Dana Burghdoff 8018 Originating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Expedited