HomeMy WebLinkAboutContract 52819 CITY
TARY
a ��voo6' C NTRA TENO.
� -,1�o 4- MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS AND
AIL INVESTMENT, L.P./AIL WEST, LLC.
This Municipal Services Agreement ("Agreement") is entered into on day of
by and between the City of Fort Worth, Texas, a home-rule
multTiciipality of the State of Texas,("City") and AIL Investment, L.P. / AIL West, LLC.
("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 Denton County,
Texas, which consists of approximately 460.186 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-19-009 ("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 Agree livery of full,
OFFICI t REFT. WORTHCORD
I SERETRY
Owner-Initiated Annexation Service Agreement 1 of 7
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.
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. 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 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 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 li tiny)— 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
Owner-Initiated Annexation Service Agreement 2 of 7
using water-well and on-site sewer facilities on the Effective Date may continue
to use the same. If a property owner desires to connect an existing structure to
the City water and sewer system, then the owner may request a connection and
receive up to 200 linear feet of water and sewer extension at the City's cost for
each occupied lot or tract in accordance with the 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
Owner-Initiated Annexation Service Agreement 3 of 7
according to the laws of the State of Texas. The parties acknowledge that they are of equal
bargaining power and that each of them was represented by legal counsel in the negotiation
and drafting of this Agreement.
8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in 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. 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
AIL INVESTMENT, L.P.
a Texas limited partnership
By:
By: AIL GP, LLC,
LyrAssistant City Manager a Texas limited liability company,
its general partner
VIU By:
7' Name: '
Title: e4c�t ►'t
AND
Approved as to Form and Legality: AIL West,LLC,
a Texas limited 'ability company
By:
Name: I
Senior Assistant City Attorney Title: Ina
Attest: 1:.
lAl ,
Miry Kayser L11 J
City Secretary °• :jf
cis •��r'
Approvals:
Ordinance No. ` --
STATE OF TEXAS §
COUNTY OF TARRANT §
�aT in t t was acknowledged before me on the day of 2019,
by , Assistant City Manager of the City of Fort Worth, a Te s municipal
corporation, on behalf of said corporation.
By,. ��SpRYF e, ��
N: k1ARIA S,SAP,�C 6
Notary Public, State of Texas of, my�Qf"�tD*2256490
L� ,.,,.� EXATes DecPmbe�19,
--.., 2021
OFFICIAL RECORD
CITY SECRETARY
Owner-Initiated Annexation Service Agreement Fr WORTH, TX 5 of 7
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on , 2019, by L. Russell
Laughlin, Executive Vice President of AIL GP, LLC, a Texas lima ed liability company, on behalf
of said limited liability company, in its capacity as general partner of AIL Investment, L.P., a
Texas limited partnership, on behalf of said limited partnership.
y PU�j� LORI LYNN BOWLING
Notary Public.State of Texas 4(t�e VWV1
`
Comm.Expires 10-17-2019
Notary!D 124717681 Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the-a- day of , 2019,
by ` ILM of AIL West, LLC, Texas limited
liability company, on behalf of said comp ny.
K U)Uii0a7
i� JESSICA K. WALLACE
p\P Ve i
:Notary Public,State of Texas
�Nj.•, •Q Comm.Expires 05-13-2022 No ry Public, State of Texas
/'.,�`„'Di„`\+\ Notary ID 128268587
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner-Initiated Annexation Service Agreement 6 of 7
EXHIBIT A
m
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NW. temple Survey• swoope
z i Abet. No. 1"?
0 1000 2000 *9'
o GRAPHIC SCALE IN FEET
1nt twDeseF9 ion 1A2-P�t •/ / ` E
21-~
/ q
L.A. Nutter Survey /
Abet. No. 64 etYatri dr'
/ AIL Investment,LP e
it
/ INST.w 2019-15666
R.P.R.D.C.T.
_asp°r �6�
W. Y"kt61or Survey
®b.z
>! A.W. Robertson !survey
IS �ryoo Abet. No. 1653
/ 460.186 Acres �Yor%
City,gOt'�C�.
% AIL west, LLC r _
INST.w 2019-15667 I.
R.P.R.D.C.T. 1 i
I
1 �
1 ®. Overtel survey 3g
AL nv°etln°nt,'LP, Atilt. No. 072 �v
MST.-2019.1566 'Q�
AIL West,LLC
o• NST.• 2 019-1566 7 .—.—. r:¢
V R.P.R D C.T.
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p rY w}
74,
s vdappA L Coe 9"TTr-' J,
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o "This dotument wos prepared under 22 TAC 665.21. Vd.621tOC. I •••~+......`. "•.••�••y.
does not reflect the results of an on the Around 901.1t.
tP t/
Csurvey.and is net to be used to convey or establish .aeE t0'Tf
interests�rem property escepl those rights and
inter sate imp!ed or estabRahod by the creation a '��SURV It
reconrauration of the boundary of the poftical
5 subWryior for which it as prepared" AN EXHIBIT FOR
ANNEXATION
� � SITUATED
STRACT NUMBER 972,THE KW._ERTSON LER SURVEY.ABSTRACT MRi , DC SURVEYKULAR �STRACT NUMBER
454,THE �T SCTNUMBER6ANTE W SAMPLE NUMSER1207DENTONCOUNTY TEXAS-''I-iI LAND SOLUTIONS 74261
see0 N4LlW00D PARItWAY,eURE t5d JOB W HWA19011 DRAWN BY: D.Fnemon CHECKED BY:T.B^'.,.._s DATE: 03.15.19 PAGE 13 0I 3
FORT WOftTN il.kA M171 Pfr eeti3e1.b75a ""Y�
1.7 tMt ! ! 1
Exhibit A,Owner-Initiated Annexation Service Agreement Pagel of 3
EXHIBIT A
DESCRIPTION OF AN
460.186 ACRE ANNEXATION
BEING a tract of land situated in the L. Butler Survey,Abstract Number 64,the G. Overton
Survey, Abstract Number 972.the W. Sample Survey, Abstract Number1207, the W.Zeckular
Survey,Abstract Number 1454 and the A.W. Robertson Survey, Abstract Number 1553,Denton
County,Texas and being a portion of that tract of land described in deed to AIL Investment, LP
recorded in Instrument Number 2019-15666, Real Property Records,Denton County,Texas,
being a portion of that tract of land described in deed to AIL West, LLC recorded in Instrument
Number 2019-15667, said Real Property Records and being more particularly described by
metes and bounds as follows;
BEGINNING in the west line of said AIL tracts and being in the east right-of-way line of F. M.
156,(a variable width right-of-way), the beginning of a curve to the right;
THENCE with the east right-of-way of said F. M. 156 the following courses and distances;
With said curve to the right,an arc distance of 2563.58 feet,through a central angle of
32°45'34",having a radius of 4483.66 feet,the long chord which bears N 25°08'59"E,
2528.80 feet;
N 4191'45"E, 2286.16 feet, to the beginning of a curve to the right;
With said curve to the right, an arc distance of 57.54 feet,through a central angle of
01°1 1'33",having a radius of 2764.79 feet, the long chord which bears N 42'10'18''E,
57.54 feet.
S 47021'l9"E, 19.95 feet, to the beginning of a non-tangent curve to the right;
With said non-tangent curve to the right,an arc distance of 1275.53 feet, through a
central angle of 26°37'33",having a radius of 2744.79 feet, the long chord which bears
N 56002'08"E, 1264.08 feet;
N 58°38'18"E,98.51 feet to the beginning of a non-tangent curve to the right;
With said non-tangent curve to the right, an arc distance of 1035.84 feet,through a
central angle of 21°27'58",having a radius of 2764.79 feet,the long chord which bears
N 82005'16"E. 1029.79 feet to the northeast corner of said AIL tracts,being the
northwest corner of that tract of land described by deed to Jeanne Shelton recorded in
Instrument Number 1999-115848, said Real Property Records;
THENCE S 00038'40"E, 189.80 feet, departing said east right-of-way line, with the east line of
said AIL tracts and the west line of said Jeanne Shelton tract to the most northerly northeast
corner of that tract of land described by deed to the City of Fort Worth,recorded in Instrument
Number 2003-181 167, Real Property Records, Denton County,Texas;
THENCE S 79054'33"W. 855.69 feet, with the east line of said AIL tracts and the north line of
said City of Fort Worth tract;
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Exhibit A,Owner-Initiated Annexation Service Agreement Page 2 of 3
EXHIBIT A
THENCE S 1 I 048'34"E, 1973.67 feet,with said east line and the west line of said City of Fort
Worth tract;
THENCE S 18024'07"E, 1278.97 feet, continuing with said common line to the north line of
that tract of land described by deed to the City of Fort Worth,recorded in Instrument Number
2005-73598, Real Property Records, Denton County,Texas;
THENCE S 89042'55"W,655.44 feet, continuing with said east line and with said north line to
the northwest comer of said City of Fort Worth tract;
THENCE S 00045'46"E,3451.87 feet,with said east line,to the southeast comer of said AIL
tracts,being the north line of that remainder of that tract of land described by deed to AIL
Investment,recorded in Volume 4246, Page 498, Real Property Records, Denton County,Texas;
THENCE N 87053'57"W, 2751.33 feet, with the south line of said AIL tracts and said north
line,to the southeast corner of that tract of land described by deed to AIL Investment,recorded
in Instrument Number 2014-98370, Real Property Records,Denton County,Texas;
THENCE N 00032'37"W, 26.74 feet,continuing with said south line and with the east line of
said AIL Investment tract;
THENCE N 34012'59"E,939.29 feet, continuing with said common line;
THENCE N 00032'37"W, 167.80 feet, continuing with said common line to the northeast comer
of said AIL Investment tract;
THENCE S 89027'28"W,843.17 feet,to the northwest corner of said AIL Investment tract;
THENCE departing said south line over and across said AIL tracts the following bearings and
distances:
N 00059'29"E, 109.87 feet;
N 89°42'54"W, 802.96 feet;
N 00018'30"E,827.19 feet;
THENCE N 88049'57"W,291.31 feet, to the Point of Beginning and containing 20,045,698
square feet or 460.186 acres of land more or less.
-Integral pans of this document" 6�ftp sre�F�
1.Description-2 Pages
2. Exhibit * o
TODp A 8R7p(,ES
"This document was prepared under 22 TAC 663.21,does not reflect 'e .. Y«.
the results of an on the ground survey,and is not to be used to convey %�A44940 P;
"'•.F '
or establish interests in real property except those rights and interests �p0 �ss S t a�
implied or established by the creation or reconfiguration of the boundary Suav
of the political subdivision for which it was prepared." ��
Peloton Job No.HWAIS022 / r Tracking No.ACF#7426
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Exhibit A•Owner-Initiated Annexation Service Agreement Page 3 of 3
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA
REFERENCE 06AX-19-009 AIL
DATE: 9/10/2019 NO.: M&C 19-0133 LOG NAME: PROPERTIES —SH 156
OWNER INITITATED
CODE: L TYPE: NON- PUBLIC YES
CONSENT HEARING:
SUBJECT: Conduct Public Hearing, Authorize Execution of Municipal Services Agreement
and Adopt Ordinance for the Proposed Owner-Initiated Annexation of Approximately
460.186 Acres of Land in Denton County, Known as AIL Properties—SH 156, Located
North of Intermodal Parkway and South of Highway 114 off of SH 156, in the Far North
Planning Sector, AX-19-009 (FUTURE COUNCIL DISTRICT 7) (PUBLIC HEARING - a.
Report of City Staff: Mary Elliott; b. Citizen Presentations; c. Council Action: Close Public
Hearing and Approve the M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct public hearing for the proposed owner-initiated annexation of approximately
460.186 acres of land in Denton County located north of Intermodal Parkway and south of
Highway 114, off of SH 156 as shown on Exhibit A;
2. Authorize Execution of Municipal Services Agreement between the City and property
owners, AIL Investments, L.P. / AIL West, LLC; and
3. Adopt ordinance annexing AX-19-009 for full purposes.
DISCUSSION:
On June 17, 2019, representatives for the property owners AIL Investments, L.P. /AIL West, 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 Denton County. The site is located north of Intermodal Parkway and south of
Highway 114 off of SH 156. This owner-initiated annexation, which contains approximately 460.186
acres, has recently become an enclave with the annexation of SH 156. The proposed annexation is
consistent with the urban development annexation criteria as established by the City's Annexation
Policy. The subject area is currently vacant land. The property is proposed for industrial type
development and the proposed zoning is "K" Heavy Industrial. The proposed use is consistent with
the future land use map of the 2019 Comprehensive Plan.
On July 24th, City Plan Commission voted to recommend approval of the annexation request to City
Council. On August 14th, the related zoning case (ZC-19-107)was heard by the Zoning Commission,
and the commission voted to recommend approval of"K" Heavy Industrial zoning to City Council.
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
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=27281&councildate=9/10/2019 9/12/2019
M&C Review Page 2 of 2
that is not provided on the effective date of the annexation.
The municipal services agreement includes these provisions in accordance with state law.
The proposed uses were considered while assessing the financial impact to the General Fund. The
city tax revenue is expected to have a positive fiscal impact over the next 10 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 as well as
the proposed annexation being an enclave Staff recommends approval of the requested owner-
initiated annexation, AX-19-009.
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, AIL
Investments, L.P. /AIL West, LLC and adopt an ordinance annexing AX-19-009 for full purposes.
Upon approval of the annexation request, the property will become part of COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that based upon the proposed development, the annexation will
have a long-term positive impact to the General Fund.
T
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfleld 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID I Year Chartfield 2
Submitted for City Manager's Office by: Dana Burghdoff(8018)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Leo Valencia (2497)
ATTACHMENTS
2-Exhibit A - Map AX-19-009.pdf
MSA for AX-19-009.pdf
Ordinance (AX-19-009).docx
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=2728 I&councildate=9/10/2019 9/12/2019