HomeMy WebLinkAboutContract 55055 CITY SECRETARY
R vv MUNICIPAL SERVICES AGREEMENT
po
BETWEEN THE CITY OF FORT WORTH, TEXAS AND
C
L.C.T. PROPERTIES,A TEXAS GENERAL PARTNERSHIP, L.C. TUBB,JR. A14D
JUDY BROWN
NhiCQ,MW
s Municipal Services Agreement ("Agreement") is entered into on day of
, %n by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas, ("City") and L.C.T. Properties, a Texas General
Partnership, L.C. Tubb, Jr. and Judy Brown ("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 il each
owner of land in an area requests the annexation;
WHEREAS, where the City elects to annex such an area, the City is requiired 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, which shall not become
effective until the closing and funding of the purchase and sale transaction by and between SFG
Acquisitions, LLC, as purchaser and LCT properties, LLC, L.C. Tubb, Jr. and Judy Brown as
Sellers. (the "Effective Date");
WHEREAS, Owner owns certain parcels of land situated in Tarrant Colmly,
Texas, which consists of approximately 29.2358 acres of land in the City's extraterr torial
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-20-007 ("Annexation Case");
WHEREAS, City and Owner desire to set out the City services to be provided f or the
Property on or after the effective date of annexation;
WHEREAS, the Annexation Case and execution of this Agreement are subj ct 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 sutjanf thej,,
I
Owner-Initiated Annexation Service Agreement 1 of 7
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 ma 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 se ice.
3. MUNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the municipal se ices
set forth below. As used in this Agreement, "providing services" includes h ving
services provided by any method or means by which the City may e tend
municipal services to any other area of the City, including the City's infrastructure
extension policies and developer or property owner participation in accor ance
with applicable city ordinances, rules, regulations, and policies.
i. Fire — The City's Fire Department will provide emergency and fire prot ction
services.
ii. Police — The City's Police Department will provide protection anc. law
enforcement services.
iii. Emergency Medical Services — The City's Fire Department and MedSt (or
other entity engaged by the City after the Effective Date) will pr vide
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, ules,
and regulations.
v. Parks and Recreational Facilities—Residents of the Property will be permitted
to utilize all existing publicly-owned parks and recreational facilities a d 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 f 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 theCity'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 htg ins) — The City's Transportation and
Public Works Department will maintain the public streets and streetlight over
Owner-Initiated Annexation Service Agreement 2 of 7
which the City has jurisdiction. The City will provide regulatory si nage
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 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 ity'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 provic.ed 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 Md 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 hat 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 se ices,
infrastructure, and infrastructure maintenance that is comparable to the level of se ices,
infrastructure, and infrastructure maintenance available in other parts of the Cit with
topography, land use, and population density similar to those reasonably contempla ed 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 co Irts to
Owner-Initiated Annexation Service Agreement 3 of 7
be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforce bility
will not affect the validity of any other part, term or provision, and the rights of the rarties
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 i any
litigation relating to this Agreement, the terms and conditions of the Agreement ` 1 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 and drafting of this Agreement.
8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in T rrant
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 ten 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
L.C.T. PROPERTIES,A TEXAS
GENERAL PARTNERSHIP
By: VBy:
Dana Bu hdoff Name: ✓G3tg
Assistant City Manager Title: �jjr „�,� y A 2?"f✓
AND
By:
Approved as to orm and Legality: L.C.• UBB, JR.
ilk,��A_, 0- It N/%A,,d
Senior Assistant City Attorney
AND
By:
®RT J DY B O
A
�4arj Kayser
City Secretary
Approvals:
M&C -
Ordinance No.
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the day of 2 0?'
by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
SELENA ALA
By.
_2r �sNotary Public° state of Texas
Comm. Expires 03-31-2024
Notary Public, State of Texas Nz Notary ID 132422528
RECORD
SECRETARY
vi. WORTH TX
Owner-Initiated Annexation Service Agreement 5 of5
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the `' day of Oc-ro a e 2 ODD,
by L. C. Tubb, Jr. of L.C.T. Properties, a Texas General Partnership, on behalf of said general
partnership, in its capacity as managing partner of L.C.T. Properties, a Texas General
Partnership.
By
Notary Public, State of Texas Y Po LINDA R.MORTIMER
* Notary Public
STATE OF TEXAS
or My Corm.EV.031=3
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the a1 t3' day of D GTn 6E2 , 20W,
by L.C. Tubb, Jr.
Notary Public, State of Texas
Y PG
LINDA R. MORTIMER
* Notary Public
STATE OF TEXAS
OF Nq Comm.EV.08/31/POY3
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the at9t� day of C>CTyt_�e,e
by Judy Brown.
B Q
Notary Public, State of Texas
��r pia LINDA R.MORTIMER
* Notary Public
t STATE OF TEXAS
OFF My Comm.EV.0ev31/2023 ®=FICA-RECORD
CITY SE RETARY
FWOQTT THJ
Owner-Initiated Annexation Service Agreement 6 of 7
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner-Initiated Annexation Service Agreement 7 of 7
i
EXHIBIT A
0 +so sGo
ti[KATHLEEN T.I GEORGE
PARASKEVOPOULOS PHIRIPES GRAPHIC SCALF NFF1 T tNOUTH
LIVING TRUST I (VOL 5561,
(INST.NO. PG.626)
D209019858)
S89°59'42"E 593.50' JO L.7208,WAY PE THUN
ta) DONALD N.JONES
Co ih
v (VOL.10145,PG.1931) O
W 1n C
rn PART OF L.C.TUBB,JR. c2
(VOL.9966,PG.1891) 6 DONALD N.JONES Q
?� (VOL 7136,PG.5W) _
� o
rn 29.2358 ACRES S89°26'16"E 1295.00'
0 1,273,511 SO.FT.
z
co
U
PART OF L.C.T.PROPERTIES
(VOL 11656.PG.2064)
yLA to
Z N Q
�g g S89.45'04"W 593,54'
O= N0"09'16"W S89"51'43'W 1297.93'
,�-- 117.49'
rc PART OF LC.T.PROPERTIES P,O,B,. (o
(VOL 11656.PG.2064) cc
PART OF L.C.TUBB.JR
(VOL 9966,PG.te91) Z —
W Z t
=
= W
ZOOS AMERICO ALLIANCE LPUj
g
Y ALLIANCE COMMUNITY (INST.NO.D219133697)
01 FELLOWSHIP FO
zz (INST.NO.D207051JAEM
EMERGENCY FIRE PROTECTION Q Z Z
SYSTEMS.INC.
(VOL 14417,PG.416) m I
NOTES
This document was prepared under 22 TAC§663.21,does not reflect the results of an on the ground survey,and's
not to be used to convey or establish interests in real property except those rights and interests implied or established
by the creatio r reconfiguration of the boundary of the political subdivision for which it was prepared.
ANNEXATION EXHIBIT
•/0Ig Y o �E OF• T JOSIAH WALKER SURVEY,
.�P. rE .,
ICHAEL C.BILLINGSLEY `�:' ABSTRACT NO. 1603
REGISTERED PROFESSIONAL *: ,,,,•,• %�, TARRANT COUNTY,TEXAS
LAND SURVEYOR NO.6558 MICWL CLE0 BILLINGSLEY
801 CHERRY STREET, Kimiq*Horn
UNIT 11 SUITE 1300 a6558FORT WORTH,TEXAS 76102 9*�FESS�D 'O 801chyS.—"11 VOL No rolnuscstI
PH.817-335$511 S'�R ti tW M107 11twOIM0400
michael.billingsiey@kimley-hom.com
r•sov cOP lace ,Os+iOoo oe,s+,ao � �
HCt NC.SlFY,7VlClIAti 1l1WZQ7J]_b NMKV TW Stncvt YY7U1J11Atq STONFlAON!lWiMONV}NR:X1S7 ilf�OpSIONtAWftT IUHN(SM_AS lri4(1
Owner-Initiated Annexation Service Agreement 1 of 3
EXHIBIT A
Continued
METES& BOUNDS DESCRIPTION
ANNEXATION EXHIBIT
BEING a 29.2358 acre (1,273,511 square foot) tract of land situated in the Josiah Walker Survey, Tarrant
County, Texas; said tract being part of that tract of land described in Warranty Deed to L.C. Tubb Jr.
recorded in Volume 9966, Page 1891 of the Deed Records of Tarrant County, Texas; said tract also being
part of that tract of land described in Special Warranty Deed to L.C.T. Properties recorded in Volume
11656, Page 2064 of said Deed Records; said tract being more particularly described as follows:
BEGINNING at a point for the southeast corner of said L.C.T. Properties tract; said point being in the west
right-of-way line of Harmon Road (a variable width right-of-way);
THENCE South 89e51'43"West, departing the said west line of Harmon Road, a distance of 1297.93 feet
to a point for corner in the east line of said L.C. Tubb Jr. tract;
THENCE North 0e09'16"West, along the said east line of the L.C. Tubb Jr. tract, a distance of 117.49 -eet
to a point for corner;
THENCE South 89e45'04" West, departing the said east line of the L.C. Tubb Jr. tract, a distancE of
593.54 feet to a point for corner in the west line of said L.C. Tubb Jr. tract;
THENCE North 0'09'07"West, along the said west line of the L.C. Tubb Jr. tract, a distance of 932.53 eet
to a point for corner;said point being the northwest corner of said L.C. Tubb Jr.tract;
THENCE South 89e59'42" East, along the north line of said L.C. Tubb Jr. tract, a distance of 593.50 fe t to
a point for corner; said point being the northeast corner of said L.C.Tubb Jr.tract;
THENCE South 0°09'16" East, along the said east line of the L.C. Tubb Jr. tract, a distance of 483.46 leet
to a point for corner; said point being the northwest corner of said L.C.T. Properties tract;
THENCE South 89a26'16" East, along the north line of said L.C.T. Properties tract, a distance of 129 9.
00
feet to a point for corner in the said west line of Harmon Road;
THENCE South 0e28'16" East, along the said west line of Harmon Road, a distance of 548.11 feet to the
POINT OF BEGINNING and containing 29.2358 acres or 1,273,511 square feet of land, more or less.
NOTES
This document was prepared under 22 TAC§663.21, does not reflect the results of an on the ground survey, at d is
not to be used to convey or establish interests in real property except those rights and interests implied or establi hed
by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.
ANNEXATION EXHIBIT
�E OF TES JOSIAH WALKER SURVEY,
,r\P.��isrei�o-'•:''cS�
ICHAEL C. BILLINGSLEY `� ' ABSTRACT NO. 1603
REGISTERED PROFESSIONAL * �+ * TARRANT COUNTY, TEXAS
................................
LAND SURVEYOR NO.6558 MICHAEL CLEO BILLINGSLEY
801 CHERRY STREET,
UNIT 11 SUITE 1300 0 6558 P�: Kimlely)) Horn
FORT WORTH,TEXAS 76102 �9 '��FFSS��a''o�
PH. 817-335-6511 'y I' y 801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6 11
0 S R v` Fort Worlh,Texas 76102 ARM#10194040 � .I imley-ham.m
michael.billingsley@kimley-horn.com Scale Drewnbv Chededbv Date Proia"No. Sh at No
NIA CDP MC8 10/62020 1 061311900 i72
BILLINGSLEY,MICHAEL 10/82020 3:56 PM K:1FTW SURVEY\061311900-STONEMONT HARM0N%DWGW61311900.ST0NEM0NT HARMON_AS.DWG
12/28/2020 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTTII
DATE: 12/15/2020 REFERENCE M&C 20- LOG NAME: 06AX-20-007 STONEMONT HARMON,
NO.: 0924 OWNER-INITIATED
CODE: L TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT. (Future CD 7) Conduct Public Hearing Authorizing Execution of Municipal Services
Agreement and Consider Adopting Ordinance for the Proposed Owner-Initiated
Annexation of Approximately 29.2358 Acres of Land in Tarrant County, known as
Stonemont Harmon, Located North of Golden Heights Road, West and Adjacent to
Harmon Road, in the Far North Planning Sector, AX-20-007
(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 29.2358 acres of land in Tarrant County, Known as Stonemont
Harmon, located north of Golden Heights Road, west and adjacent to Harmon Road, in the
Far North Planning Sector as shown on Exhibit A;
2. Authorize execution of Municipal Services Agreement between the City and property owners,
L.C.T. Properties, a Texas General Partnership, L.C. Tubb, Jr., and Judy Brown; and
3. Adopt ordinance annexing AX-20-007 for full purposes.
DISCUSSION:
On October 12, 2020, representatives for the property owners L.C.T. Properties, a Texas General
Partnership, L.C. Tubb, Jr., and Judy Brown, 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 Tarrant County. The site is located north
of Golden Heights Road, west and adjacent to Harmon Road. The owner-initiated annexation, which
is approximately 29.2358 acres, is consistent with the urban development annexation criteria as
established by the City's Annexation Policy. The subject area is currently agricultural and
vacant land. The property owners' proposal of industrial type development is consistent with the future
land use map of the 2020 Comprehensive Plan.
On November 11, 2020, the related zoning case (ZC-20-158)was heard by the Zoning Commission,
and the commission voted to recommend approval of the requested zoning to City Council. The
requested zoning is "J" Medium Industrial.
The proposed annexation site will be accessed from Harmon Road. Harmon Road is identified as
a Commercial Connector on the City's Master Thoroughfare Plan \[CCO-L1-TO-TWLT-PO-BOP (80)\].
It will have one-lane per direction, with a two-way turn lane, no parking, and a 10-foot shared path.
The proposed development will be required to dedicate their share of the right-of-way along Harmon
Road to achieve 80 feet of right-of-way.
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, an
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12/28/2020 M&C Review
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.
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. 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-20-007.
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-20-
007 for full purposes.
If annexed, this property will become part of COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that based upon approval of the above recommendation and adoption
of the attached ordinance, the annexation will have a long-term positive impact to the General Fund.
TO
Fund Department Account Project Program Activity Budget Reference#-TA
-mount]
ID I I Year (Chartfield 2) mount
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
Submitted for City Manager's Office by_ Dana Burghdoff(8018)
Originating Department Head: D.J. Harrell (8032)
Additional Information Contact: Leo Valencia (2497)
ATTACHMENTS
FIA Stonemont Harmon- FINAL.pdf
MSA Stonemont Harmon AX-20-007.pdf
Ordinance (AX-20-007)mr.docx
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