HomeMy WebLinkAboutOrdinance 23888-10-2019 ORDINANCE NO. 23888-10-2019
AN ORDINANCE DECLARING CERTAIN FINDINGS; PROVIDING FOR
LIMITED PURPOSE ANNEXATION OF 19.384 ACRES OF LAND, MORE
OR LESS, OUT OF THE T. & P.R.R. CO. SURVEY, ABSTRACT NO. 1035,
WISE COUNTY, TEXAS, PURSUANT TO SECTION 43.0751, LOCAL
GOVERNMENT CODE, FOR THE SOLE PURPOSE OF IMPOSING A
SALES AND USE TAX; 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, Northstar Ranch, LLC ("Owner") is the owner of approximately 733.648
acres of land in Tarrant, Denton and Wise Counties, Texas (the "Development") located within
the extraterritorial jurisdiction of the City of Fort Worth(the "City");
WHEREAS, the Development is included within Far North Fort Worth Municipal Utility
District No. 1 of Denton and Wise Counties (the "District") and located in the exclusive
extraterritorial jurisdiction of the City;
WHEREAS, the Development Agreement entered into by the City and Owner for the
Development effective October 12, 2017 (City Secretary Contract No. 49783), as amended
effective October 20, 2018 (City Secretary Contract No. 49783-A1) designated 19.384 acres of
land for commercial development(the "Commercial Tract");
WHEREAS, the remainder of the Development is designated for residential use pursuant
to the Development Agreement; and
WHEREAS, the City and the District entered into that certain Strategic Partnership
Agreement effective August 20, 2018 (City Secretary Contract No. 51134, Mayor and Council
Communication L-16135) (the "Agreement"), providing for the limited purpose annexation of
the Commercial Tract for the sole purpose of imposition by the City of a sales and use tax, in
accordance with the procedural requirements of Section 43.0751,Texas Local Government Code;
and
WHEREAS, the City conducted two public hearings regarding the proposed limited
purpose annexation of 19.3 84 acres of land,at which members of the public who wished to present
testimony or evidence regarding the proposed limited purpose annexation were given the
opportunity to do so, in accordance with the procedural requirements of Chapter 43 of the Local
Government Code on September 17, 2019 at 7:00 p.m., and on September 24, 2019, at 7:00 p.m.
at the City Council Chambers;
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS:
LPA-Far North Fort Worth MUD-SPA Ordinance No.23888-10-2019
Pagel of 5
SECTION 1.
That 19.384 acres of land as shown in the map in Exhibit A and as described in Exhibit B,
lying within the Far North Fort Worth Municipal Utility District No. 1 of Denton and Wise
Counties, and further described as the Commercial Tract, is hereby annexed to the City of Fort
Worth, Texas, for the limited purpose of imposing a sales and use tax, in accordance with Section
43.0751 of the Texas Local Government Code, and the present corporate boundary limits of the
City of Fort Worth are altered to include said area within the corporate limits of such city,for the
limited purpose described herein.
SECTION 2.
Chapter 43, Subchapter F, of the Local Government Code does not apply to limited
purpose annexation under a strategic partnership agreement. Accordingly, any residents of the
Commercial Tract residing on such property on the effective date of this ordinance or at any
time thereafter are not entitled to vote in City elections.
SECTION 3.
This ordinance amends 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 4.
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
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
LPA-Far North Fort Worth MUD-SPA Ordinance No.23888-10-2019
Page 2 of 5
would have been enacted by the City Council without the incorporation in this ordinance of any
unconstitutional phrase, clause, sentence,paragraph or section.
SECTION 5.
The City Council hereby declares it to be its purpose to annex to the City of Fort Worth,
for the limited purpose of imposing a sales and use tax in accordance with Section 43.0751 of the
Texas Local Government Code, every part of the area described in Section 1 of this ordinance.
Should this ordinance for any reason be ineffective as to any part or parts of the area hereby
annexed to the City of Fort Worth for limited purposes,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.
SECTION 6.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
By: `�,�'
Melinda Ramos, Mary J. Ka r,
Sr. Assistant City Attorney City Secretary
ADOPTED and EFFECTIVE: October 15,2019
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LPA-Far North Fort Worth MUD- SPA Ordinance No.23888-10-2019
Page 3 of 5
EXHIBIT A
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LPA-Far North Fort Worth MUD-SPA Ordinance No.23888-10-2019
Page 4 of 5
EXHIBIT B
Legal Description of Commercial Property
BEING a tract of land situated in the T.&P.R.R.Co.Survey,Abstract Number 1035,Wise
County,Texas,and being a portion of that tract of land described by deed to Northstar Ranch
LLC,(tract 3)recorded in Instrument Number D217014609,County Records,Tarrant County,
Texas,and being more particularly described by metes and bounds as follows:
BEGINNING at the northwest corner of said Northstar Ranch tract,being in the east right-of-
way line of US Business Highway 287;
THENCE S 89049'58"E,721.93 feet departing said east line,with the north line of said
Northstar tract;
THENCE S 00°07'40"W, 164.30 feet;
THENCE N 89052'20"W,29.16 feet,to the beginning of a curve to the left;
THENCE with said curve to the left,an arc distance of 209.44 feet,through a central angle of
240°00'00",having a radius of 50.00 feet,the long chord which bears S 29°52'20"E,86.60 feet,
to the beginning of a curve to the right;
THENCE with said curve to the right,an arc distance of 52.08 feet,through a central angle of
59°40'52",having a radius of 50.00 feet,the long chord which bears N 59°58'06"E,49.76 feet;
THENCE S 00°07'40"W,438.72 feet,to the beginning of a curve to the left;
THENCE with said curve to the left,an arc distance of 531.93 feet,through a central angle of
32°35'46",having a radius of 935.00 feet,the long chord which bears S 16°10'13"E,524.79
feet;
THENCE S 32°28'06"E, 180.25 feet;
THENCE S 57031'54"W,30.24 feet,to the beginning of a curve to the right;
THENCE with said curve to the right,an arc distance of 288,10 feet,through a central angle of
14°25'00",having a radius of 1145.00 feet,the long chord which bears S 64144'24"W,287.34
feet;
THENCE S 71056'54"W,249.60 feet to the east right of way line of the aforementioned US
Business Highway 287;
THENCE N 18003'06"W, 1606.63 feet to the Point of Beginning and containing 844,377
square feet or 19.384 acres of land more or less.
LPA-Far North Fort Worth MUD-SPA Ordinance No.
Page 5 of 5
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Annexation AX-18-012 Exhibit
Addition of approximately 19.38 Acres
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® Proposed Limited Purpose Municipal Utility District
Annexation Area FQR_ _TwORTH,
Adjacent Cities
QFort Worth City Limit(Full
Purpose) Planning&Development Department
11/06/2018
Fort Worth ETJ ° F..
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/14/2018
DATE: Tuesday,August 14,2018 REFERENCE NO.: L-16135
LOG NAME: 06FAR NORTH FORT WORTH MUD#1 STRATEGIC PARTNERSHIP
AGREEMENT
BJECT:
Conduct Two Public Hearings and Authorize Execution of the Strategic
Partnership Agreement for the Far North Fort Worth Municipal Utility
District No. 1 of Tarrant and Wise Counties(ETJ Adjacent to 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 public testimony regarding the Strategic
Partnership Agreement between the City of Fort Worth,Texas and Northstar
Ranch, LLC for the Far North Fort Worth Municipal Utility District No. 1 of
Tarrant and Wise Counties; and
2. Authorize the City Manager to execute the Strategic Partnership
Agreement and to take action to file such Agreement in real property
records.
DISCUSSION:
Far North Fort Worth Municipal Utility District No. 1 of Tarrant and Wise
Counties (the District)encompasses approximately 733 acres of land in Fort
Worth's extraterritorial jurisdiction in Tarrant,Denton and Wise counties
(the Property). The Property is located east of U.S.Highway 81/287 and
west of Sendera Ranch Boulevard.
On August 7, 2018,the City Council considered the First Amendment to
Utility and Infrastructure Agreement and First Amendment to Development
Agreement for the District. Northstar Ranch,LLC and the District have
asked the City to amend the Utility and Infrastructure Agreement and the
Development Agreement with respect to the phasing of construction of water
and wastewater infrastructure and roads to serve the Property. The
amendment to the Utility and Infrastructure Agreement reflects that the
City will provide retail water and wastewater service to the eastern
portion of the Property after Northstar Ranch, LLC and the District
construct connections to existing City infrastructure in the Sendera Ranch
development.
The City will provide retail water and wastewater service to the western
portion of the Property as off-site water and wastewater infrastructure is
constructed by Northstar Ranch, LLC,the District or other developers. The
amendment will allow Northstar Ranch,LLC to construct up to 20 model homes
on the western portion of the Property,to be served by City water service
and an on-site sewer system. Sale of the model homes to end-users is
prohibited until City wastewater service is available.
The amendment to the Utility and Infrastructure Agreement also modifies the
road construction requirements by Northstar Ranch,LLC and the District to
reflect the phasing of the development. The amendment to the Development
Agreement is consistent with the amendments to the Utility and
Infrastructure Agreement.
The Strategic Partnership Agreement will set terms and conditions where the
District is willing to allow the City to annex commercial use areas of the
development for the sole and exclusive purpose of imposing and collecting
sales and use taxes within such areas. To facilitate the limited purpose
annexation by the City of the commercial use area of the development,the
owner will submit to the City a petition requesting and consenting to the
limited purpose annexation of the 19.38 acres for commercial use. The
development plan is included with this report to show the location of the
commercial area. Two public hearings are being held for the Strategic
Partnership Agreement on August 7th and August 14th.
The Property is located in FUTURE COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of 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):
ig
Department Account Project Program Activity Budget Reference# Amount
Fund ID ID year (Chartfield 2)
FROM
Department Account Project Program Activity Budget Reference# Amount
Fund ID ID year (Chartfield 2)
CERTIFICATIONS:
Submitted for Ci1X Manager's Office by: Jay Chapa (6122)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Mary Elliott (7844)
ATTACHMENTS
1. Development Plan 5.2.18.pdf (Public)
2. FINAL Utility Agt amt 7.31.18.12df (Public)
3. FNFW 1 Updated SPA 7.30.18.12df (Public)
4. Form 1295.12df (Public)
5. Location Map Far North FW MUD l.pdf (Public)
6. SPA Ex.A.pdf (Public)
7. SPA Ex. B part l,pdf (Public)
8. SPA Ex. B part 2,12df (Public)
9. SPA Ex C -Legal Description of Commercial Property ndf (Public)
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 10/15/19 M&C FILE NUMBER: M&C 19-0225
LOG NAME: 06AX-18-012,NORTHSTAR RANCH COMMERCIAL TRACT, LPA
SUBJECT
Adoption of an Ordinance Annexing for Limited Purposes 19.384 Acres of Land Located in the Far North Municipal Utility District, East of U.S.
Highway 81/287 and West of Sendera Ranch Boulevard, Situated in Wise County(AX-18-012)(FUTURE COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council adopt an ordinance annexing for limited purposes 19.384 acres of land,located in the Far North Municipal
Utility District,east of U.S. Highway 81/287 and west of Sendera Ranch Boulevard, in Wise County.
DISCUSSION:
On August 14,2018,M&C L-16135 authorized the execution of a Strategic Partnership Agreement(SPA)with Northstar Ranch, LLC. The
Strategic Partnership Agreement set terms and conditions where the District is willing to allow the City to annex commercial use areas of the
development for the sole and exclusive purpose of imposing and collecting sales and use taxes within such areas. Adoption of this ordinance will
complete the limited purpose annexation of the property within the Far North Fort Worth Municipal Utility District No. 1 of Tarrant and Wise
Counties intended for commercial development.
The City of Fort Worth conducted two public hearings concerning the agreement. Hearings were held on August 7 and 14,2018. At the public
hearings opportunity was given for public testimony regarding the Strategic Partnership Agreement between the City of Fort Worth,Texas and
Northstar Ranch, LLC for the Far North Fort Worth Municipal Utility District No. 1 of Tarrant and Wise Counties.
On August 28,2019,City Plan Commission voted to recommend approval of the annexation request to City Council.
The City Council held public hearings on the proposed annexation for limited purposes on September 17 and 24,2019. At the public hearings
opportunity was given for public testimony regarding the proposed limited-purpose annexation.
There will not be a zoning request since this land will remain in the ETJ until the infrastructure is built in accordance with the development
agreement.The land that is proposed for limited purpose annexation is currently undeveloped but is designated for commercial uses pursuant to
the development agreement.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that the impact of this annexation will be built into the City's long-term financial forecast of the General Fund.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: Randle Harwood 6101
Additional Information Contact: Leo Valencia 2497