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HomeMy WebLinkAboutOrdinance 22273-06-2016 ORDINANCE NO. 22273-06-2016 AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR THE RETRACTION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF FORT WORTH,PROVIDING FOR THE DISANNEXATION OF A CERTAIN 61 ACRES OF LAND,MORE OR LESS, OUT OF THE G. CARDINAS SURVEY,ABSTRACT 214, DENTON COUNTY, TEXAS, PURSUANT TO SECTION 43.146, LOCAL GOVERNMENT CODE, WHICH SAID TERRITORY LIES WITHIN THE PRESENT LIMITED PURPOSE BOUNDARY LIMITS OF FORT WORTH,TEXAS; PROVIDING THAT THIS ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT HEREWITH; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT CONFLICT; PROVIDING FOR SEVERABILITY; AND NAMING AN EFFECTIVE DATE. WHEREAS,the City and City of Fort Worth Municipal Utility District No. 1 of Denton County, later renamed Tradition No. 1, Municipal Utility District entered into that certain Strategic Partnership Agreement(City Secretary Contract No. 35626)(the"Agreement"),pursuant to Section 43.075 1,Local Government Code,providing for the limited purpose annexation of Tracts 1,3,5 and 14 for the sole purpose of imposition by the City of a sales and use tax; WHEREAS,the City of Fort Worth approved Ordinance 17735-08-2007 annexing for limited purposes of Tracts 1,3, 5 and 14, approximately 108 acres,for the sole purpose of imposition by the City of a sales and use tax; and WHEREAS, on January 12, 2016, the City Council approved M&C L-15853 amending the Development Agreement and the Creation and Operation Agreements for Tradition MUD 1 and 213 which updated and simplified the 2005 and 2007 Agreements and created stand-alone Agreements for SLF IV Assemblage, L.P. (SLF)'s property; and WHEREAS, consideration of amendments to the Strategic Partnership Agreement (SPA) for limited-purpose annexation was delayed from the approval granted on January 12,2016 to schedule statutorily required public hearings, of which the first public hearing was held on June 7th and the second public hearing was held on June 14`x'; and WHEREAS,the City of Fort Worth received a request of disannexation for Tracts 1, 3 and 5, approximately 61 acres of land owned by SLF IV - 114 Assemblage, L.P. within Tradition No. 1, Municipal Utility District in accordance with the Agreements approved by the City Council; and WHEREAS,the City of Fort Worth is a home-rule city; and WHEREAS, the population of the City of Fort Worth, Texas, is in excess of 100,000 inhabitants; and WHEREAS,the hereinafter described territory lies within the exclusive extraterritorial jurisdiction of the City of Fort Worth, Texas; and Ordinance No.22273-06-2016 Page 1 of 9 WHEREAS, pursuant to the City's authority under its home-rule powers and Section 43.146 of the Texas Local Government Code, the City Council of the City of Fort Worth has the authority to disannex property; and WHEREAS,land disannexed by the City of Fort Worth remains part of the City's extraterritorial jurisdiction; and WHEREAS, Tract 14 is not subject to this ordinance and will remain under limited purpose annexation; and WHEREAS, SLF has agreed to waive all rights under Section 43.148 of the Texas Local Government Code to any refund of money collected by the City of Fort Worth for property taxes or fees collected from the property owner during the period this land was a part of the City of Fort Worth; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the following described land and territory lying adjacent to and adjoining the City of Fort Worth, Texas is hereby removed from the City of Fort Worth, Texas, and said territory hereinafter described shall hereafter be excluded from the boundary limits of the City of Fort Worth, Texas,and the present corporate boundary limits of said City,at the various points contiguous to the area hereinafter described, are altered and amended so as to exclude said area from the corporate limits of the City of Fort Worth, Texas,to-wit: Tract 1 BEING a 12.245 acre tract of land in the G. Cardinas Survey,Abstract No. 214, situated in Denton County, Texas and being a portion of that tract conveyed to Alliance 161 Investments by deed recorded in Volume 2778, Page 958 of the Real Property Records of Denton County, Texas (RPRDCT), and being more particularly described as follows: BEGINNING at a capped 5/8" iron pin found, said iron pin also being on the proposed north right- of-way line of State Highway No. 114,said iron pin also being on the west line of said Alliance 161 Investments tract, said iron pin also being on the east line of a tract conveyed to Betty Marie McIntyre, et al, by deed recorded in Volume 2906, Page 363 RPRDCT; THENCE N 00 032'36"W along the said west line of said Alliance 161 Investments tract and the said east line of said McIntyre tract, a distance of 534.24 feet to a point; THENCE N 89 02724" E, a distance of 337.96 feet to a point; THENCE N 00 032'36" W, a distance of 409.30 feet to a point; Ordinance No.22273-06-2016 Page 2 of 9 THENCE N 88 027'04" E, a distance of 110.71 feet to a point, said point also being the Point of Curvature of a circular curve to the right having a radius of 400.00 feet,a central angle of 26°50'42" and being subtended by a chord which bears S 78°07'35" E, 185.70 feet; THENCE along said curve to the right, a distance of 187.41 feet to a point; THENCE S 64042'14" E tangent to said curve, a distance of 147.91 feet to a point, said point also being the Point of Curvature of a non-tangent circular curve to the left having a radius of 1255.00 feet,a central angle of 15'55'19"and being subtended by a chord which bears S 07 025'03"W,347.63 feet; THENCE along said curve to the left, a distance of 348.75 feet to a point; THENCE S 00 032'36" E tangent to said curve, a distance of 501.25 feet to a point, said point also being on the said proposed north right-of-way line of State Highway No.114; THENCE S 89°48'48" W along the said proposed north right-of-way line of State Highway No.114, a distance of 226.72 feet to a capped 1/2" iron pin set; THENCE N 00011'12" W along the said proposed north right-of-way line of State Highway No.114, a distance of 15.00 feet to a capped 1/2" iron pin set; THENCE S 89 048'48" W along the said proposed north right-of-way line of State Highway No.114, a distance of 250.00 feet to a capped 1/2" iron pin set; THENCE S 0001 P12"E along the said proposed north right-of-way line of State Highway No.114,a distance of 15.00 feet to a capped 1/2" iron pin set; THENCE S 89 048'48" W along the said proposed north right-of-way line of State Highway No.114, a distance of 238.28 feet to the Point of Beginning and containing 533,394 square feet or 12.245 acres of land, more or less. Tract 3 BEING a 30.414 acre tract of land in the G. Cardinas Survey,Abstract No. 214, situated in Denton County, Texas and being a portion of that tract conveyed to Alliance 161 Investments by deed recorded in Volume 2778, Page 958 of the Real Property Records of Denton County, Texas (RPRDCT) and a portion of those tracts conveyed to Aperion Communities, L.L.L.P. by deed recorded under County Clerk's File No.2004-11913 RPRDCT(Aperion Tract One-A and Aperion Tract One-B) and being more particularly described as follows: COMMENCING at a capped 5/8" iron pin found, said iron pin also being on the proposed north right-of-way line of State Highway No. 114,said iron pin also being on the west line of said Alliance 161 Investments tract, said iron pin also being on the east line of a tract conveyed to Betty Marie McIntyre, et al, by deed recorded in Volume 2906, Page 363 RPRDCT; Ordinance No.22273-06-2016 Page 3 of 9 THENCE N 89E48'48"E along the said proposed north right-of-way line of State Highway No.114, a distance of 238.28 feet to a capped 1/2" iron pin set; THENCE N OOE 11'12" W along the said proposed north right-of-way line of State Highway No.114, a distance of 15.00 feet to a capped 1/2" iron pin set; THENCE N 89E48'48"E along the said proposed north right-of-way line of State Highway No.114, a distance of 250.00 feet to a capped 1/2" iron pin set; THENCE S OOE 11'12"E along the said proposed north right-of-way line of State Highway No.114,a distance of 15.00 feet to a capped 1/2" iron pin set; THENCE N 89E48'48"E along the said proposed north right-of-way line of State Highway No.114, a distance of 226.72 feet to the Point of Beginning of the herein described tract; THENCE N OOE32'36" W departing the said proposed north right-of-way line of State Highway No.114,a distance of 501.25 feet to a point,said point also being the Point of Curvature of a circular curve to the right having a radius of 1255.00 feet,a central angle of 44E41'36" and being subtended by a chord which bears N 21E48'12" E , 954.33 feet; THENCE along said curve to the right, a distance of 978.96 feet to a point; THENCE N 44E09'00" E tangent to said curve, a distance of 440.50 feet to a point; THENCE S 45E51'00" E, a distance of 173.53 feet to a point, said point also being the Point of Curvature of a circular curve to the left having a radius of 122.50 feet, a central angle of 44E35'59" and being subtended by a chord which bears S 68E08'59" E , 92.97feet; THENCE along said curve to the left, a distance of 95.36 feet to a point; THENCE N 89E33'0 1" E tangent to said curve, a distance of 276.39 feet to a point; THENCE S OOE26'59" E, a distance of 768.50 feet to a point; THENCE S 89E33'0 1" W, a distance of 208.99 feet to a point; THENCE N 42E37'00" W, a distance of 35.75 feet to a point; THENCE S 89E33'0 1" W, a distance of 92.01 feet to a point; THENCE S OOE26'59" E, a distance of 476.50 feet to a point; THENCE S 89E33'01" W, a distance of 140.19 feet to a point; THENCE S OOE24'36" E, a distance of 50.00 feet to a point; Ordinance No.22273-06-2016 Page 4 of 9 THENCE S 89E33'01" W, a distance of 60.58 feet to a point; THENCE S OOE32'36" E,a distance of 275.42 feet to a point, said point also being on the proposed north right-of-way line of State Highway No. 114; THENCE S 89E48'48"W along the said proposed north right-of-way line of State Highway No.114, a distance of 630.48 feet to the Point of Beginning and containing 1,324,829 square feet or 30.414 acres of land, more or less. Tract 5 BEING a 18.269 acre tract of land in the G. Cardinas Survey, Abstract No. 214, situated in Denton County, Texas and being a portion of that tract conveyed to Alliance 161 Investments by deed recorded in Volume 2778, Page 958 of the Real Property Records of Denton County, Texas (RPRDCT), and being more particularly described as follows: COMMENCING at a capped 5/8" iron pin found, said iron pin also being on the proposed north right-of-way line of State Highway No. 114,said iron pin also being on the west line of said Alliance 161 Investments tract, said iron pin also being on the east line of a tract conveyed to Betty Marie McIntyre, et al, by deed recorded in Volume 2906, Page 363 RPRDCT; THENCE N 89 048'48"E along the said proposed north right-of-way line of State Highway No.114, a distance of 238.28 feet to a capped 1/2" iron pin set; THENCE N 000 11'12" W along the said proposed north right-of-way line of State Highway No.114, a distance of 15.00 feet to a capped 1/2" iron pin set; THENCE N 89 048'48"E along the said proposed north right-of-way line of State Highway No.114, a distance of 250.00 feet to a capped 1/2" iron pin set; THENCE S 000 11'12"E along the said proposed north right-of-way line of State Highway No.114,a distance of 15.00 feet to a capped 1/2" iron pin set; THENCE N 89 048'48"E along the said proposed north right-of-way line of State HighwayNo.114,a distance of 226.72 feet to a point; THENCE N 000 32'36" W departing the said proposed north right-of-way line of State Highway No.114,a distance of 501.25 feet to a point,said point also being the Point of Curvature of a circular curve to the right having a radius of 1255.00 feet,a central angle of 32 °43'52"and being subtended by a chord which bears N 15°49'20" E , 707.23 feet; THENCE along said curve to the right, a distance of 716.94 feet to the Point of Beginning of the herein described tract; THENCE N 56 026'33" W, a distance of 341.40 feet to a point, said point also being the Point of Curvature of a circular curve to the left having a radius of 470.00 feet, a central angle of 34°06'03" and being subtended by a chord which bears N 73°29'35" W, 275.62 feet; Ordinance No.22273-06-2016 Page 5 of 9 THENCE along said curve to the left, a distance of 279.73 feet to a point; THENCE S 89 027'24" W tangent to said curve, a distance of 32.60 feet to a point; THENCE N 00 032'36" W, a distance of 537.12 feet to a point, said point also being the Point of Curvature of a circular curve to the right having a radius of 668.00 feet,a central angle of 45°28'14" and being subtended by a chord which bears N 22 °11'31" E, 516.33 feet; THENCE along said curve to the right, a distance of 530.13 feet to a point; THENCE N 43°51'21" E, a distance of 53.48 feet to a point; THENCE S 45°51'00" E, a distance of 1146.77 feet to a point; THENCE S 44 009'00" W, a distance of 440.50 feet to a point, said point also being the Point of Curvature of a circular curve to the left having a radius of 1255.00 feet,a central angle of 11° 57'44" and being subtended by a chord which bears S 38°10'08" W, 261.54 feet; THENCE along said curve to the left, a distance of 262.02 feet to the Point of Beginning and containing 795,805 square feet or 18.269 acres of land,more or less. SECTION 2. That the above described territory is shown on Map Exhibit"A"which is attached hereto and expressly incorporated herein by reference for the purpose of illustrating and depicting the location of the hereinabove described territory. SECTION 3. That the above described territory hereby disannexed shall no longer be part of the City of Fort Worth, Texas, and the property so removed hereby shall no longer bear its pro rata part of the taxes levied by the City of Fort Worth,Texas,and the inhabitants thereof shall no longer be citizens and shall no longer be bound by the acts,ordinances,resolutions and regulations of the City of Fort Worth, Texas. SECTION 4. That this ordinance shall and does amend every prior ordinance in conflict herewith,but as to all other ordinances or sections of ordinances not in direct conflict,this ordinance shall be, and the same is hereby made cumulative. SECTION 5. That it is hereby declared to be the intent of the City Council that the sections,paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or Ordinance No.22273-06-2016 Page 6 of 9 decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any unconstitutional phrase, clause, sentence,paragraph or section. SECTION 6. That should this ordinance for any reason be ineffective as to any part or parts of the area hereby disannexed from the City of Fort Worth,the ineffectiveness of this ordinance as to any such part or parts shall not affect the effectiveness of this ordinance as to the remainder of such area. The City Council hereby declares it to be its purpose to disannex to the City of Fort Worth every part of the area described in Section 1 of this ordinance, regardless of whether any part of such described area is hereby not effectively disannexed from the City. Provided, further,that if there is included within the description of territory set out in Section 1 of this ordinance to be disannexed from the City of Fort Worth any area which is presently part of and included within the limits of any other city, town or village, or which is not within the City of Fort Worth's jurisdiction to disannex, the same is hereby excluded and excepted from the territory to be disannexed hereby as fully as if such excluded and excepted area were expressly described herein. SECTION 7. That this ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY: Melinda Ramos, Sr. Assistant City Attorney Wry J-KV6 r)6itoecretary ADOPTED AND EFFECTIVE: June 14,2106 Ordinance No.22273-06-2016 Page 7 of 9 EXHIBIT A See following page Ordinance No.22273-06-2016 Page 8 of 9 ti z Tract 14 to remain under limited purpose annexation rt�"iri aiFm�rr rrvwiKUrwi�a t� •8'( .19'9592 .Ctr rD.096 08 r p� 4�t rBB81 W a r �d Tracts 1, 3 and 5 to be disamexed 4 � o MR M,1,9z,ORl M •09/'/9 t ^ h Our. Ye Ordinance No.22273-06-2016 Page 9 of 9 Tradition Municipal Utility District (MUD) No. 1 (approx. 428.17 acres) MUD No. 2A (approx. 1,252 acres) and MUD No. 2B (approx. 671 acres) �:::: : : _�:;,, ✓:gig -;� '•'1°i':•: _-,yr•:•;`� s•�::.:......:• -..;r+4a..� �'�'LL a.A,�y„g ...`.�g `.�,�, �`",.^ wise'• -� ''Denton ,., G7 ,'�'a �1� hd3 iaiy w S'dLL •'1�`� �iy`24'.1y��,t� ♦'A'..u.'µ1Y`?L�i ~• •� `m'0.`�.�i A��-'t♦ `~ ition No. `...+` .'4p :•.;t'1. 1 �d.'.'. ,,..y,.• .`...�.1w.•u.'y.i .`..,�.+ yl •�:! o� .�L .fix- �y Trrn _ .-4 `�✓��• ��- tom..••i'•°'� . 'I •.+. L.... u f.. ��-��1 UNN MED1STREET Jil i' i � .I.m 1 d. w `d W: 0 Wi se NI `4 'radition No.2 °� ',YLL°:A +.'.' 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'}L. 4 w}�_ �/y� �,w� aJf.. _•ie:'`:Y"'.i .a~%`A'a.✓+� .a. r ,%+i.:� ri+r:`"'.i.R- rad ;,,u ..."_�.`^a'°, .,,-•;�;,.y.':•,� ^• �.�;,;.�,�.y�� Tition No.1 �ti.- ••.-_ }'.j Y � rYr. } 'b ,� �yam•±Yti.y`�rY..�.M•n- - .�ti ition No.1 11 mull /glllllllllllIIrk illlllllllllll��llllllllll loll 111111111 111lif u j^ III IW1 1111 1 1 11111 1111111111111III1111►/���',/'// A. 14 Master Thoroughfare Plan O Lakes FoR_ _TWORTH MTP TYPE C :County Boundaries =TOLLWAY/FREEWAY-PROPOSED 1"'; City PRINCIPAL ARTERIAL-PROPOSED Fort Worth Extraterritorial Jurisdiction 0 0.25 0.5 1 Mlles Planning&Development Department —MAJOR ARTERIAL-PROPOSED n Fort Worth City Limits 1 1 I 1 1 1211812015 —MINOR ARTERIAL-PROPOSED ®Tradition No.2A 1:50,000 —�� Railroads O Tradition No.213 Ill I 11A 1 -11 a TraditionNo.1 .01 11,. 11AI.OF SAO DATA City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/14/2016 -Ordinance No. 22273-06-2016 CONTINUED FROM A PREVIOUS WEEK DATE: Tuesday, June 07, 2016 REFERENCE NO.: L-15912 LOG NAME: 065030 TRADITION MUD#1 STRATEGIC PARTNERSHIP AGREEMENT SUBJECT: Conduct Two Public Hearings, Authorize Execution of Amendment to Strategic Partnership Agreement for Tradition Municipal Utility District No. 1 and 2B of Denton County, and Adopt Ordinance to Disannex Approximately 61 Acres in the G. Cardinas Survey, Abstract 214 (ETJ/DENTON COUNTY and FUTURE COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Conduct two public hearings in accordance with state law to allow the public the opportunity to give testimony regarding the Strategic Partnership Agreement for Tradition Municipal Utility District No. 1 of Denton County (CSC No. 35626); 2. Authorize the City Manager to execute an amended Agreement and to take action to file such Agreement in real property records; and 3. Adopt Ordinance to disannex approximately 61 acres in the G. Cardinas Survey, Abstract 214. DISCUSSION: On January 12, 2016, the City Council approved M&C L-15853 amending the Development Agreement and the Creation and Operation Agreements for Tradition Municipal Utility District (MUD) No. 1 and 2B. The Agreements presented to the City Council for approval updated and simplified the 2005 and 2007 Agreements and created stand-alone Agreements for the property of SLF IV - 114 Assemblage, L.P. The Agreements require that the developer comply with the City infrastructure standards and development codes and provide that the City will be the retail service provider for water and sewer. The Agreements allow the City to initiate limited-purpose annexation for commercial property and to annex through the MUD in order to annex adjacent property. For MUD 1, the Agreements delay full-purpose annexation until 90 percent of the infrastructure is installed, or the district is dissolved, or 20 years, whichever occurs first. For MUD 2B, the Agreements delay full-purpose annexation until 90 percent of the infrastructure is installed, or the district is dissolved, or 20 years from the date of approval of the first preliminary plat within MUD 2B, whichever, occurs first. Consideration of the Strategic Partnership Agreement (SPA) for limited- purpose annexation was delayed from the approval granted on January 12, 2016 to schedule statutorily required public hearings. The first public hearing is scheduled for June 7, 2016 and the second public hearing is scheduled for June 14, 2016. The Agreement listed above is an amendment to the SPA approved by the City Council in 2005 and 2007 relating to Tradition MUDs No. 1 and No. 2 for a proposed development of over 2,000 acres in the City's extraterritorial jurisdiction north of Highway 114 and west of the Texas Motor Speedway. Logname: 065030 TRADITION MUD #1 STRATEGIC PARTNERSHIP AGREEMENT Page 1 of 2 The purpose of the SPA is to delay full-purpose annexation and allow limited-purpose annexation for the following two purposes: 1) annexation of limited tracts to facilitate the connection to areas outside of the District and 2) limited-purpose annexation of approximately 47 acres within the development designated for commercial development to impose sales and use tax. The 47 acres for commercial uses was annexed for limited-purposes on August 28, 2007 shown as Tract 14 in the attached ordinance. The approximately 61 acres that are shown as Tract 1, Tract 3 and Tract 5 will be used for residential uses, thus, the sales and use tax will not apply. The 61 acres of limited-purpose annexation tracts will be disannexed and will revert to Fort Worth's extraterritorial jurisdiction. For the remaining 47 acres, the Agreement provides that the City and District will divide the sales tax proceeds equally for the first 19 years of the Limited Purpose Annexation Period. The City's share will increase to 75 percent in year 20. The original Agreement included the same sales tax provision. The property is located in the City's extraterritorial jurisdiction adjacent to COUNCIL DISTRICT 7. FISCAL INFORMATION I CERTIFICATION: The Director of Finance certifies that this Agreement will have no immediate material effect on City funds. Any effect on expenditures and revenues will be budgeted in future fiscal years. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by_ Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Mary Elliott (7844) Logname: 065030 TRADITION MUD #1 STRATEGIC PARTNERSHIP AGREEMENT Page 2 of 2