HomeMy WebLinkAboutContract 55616.
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MUNICIPAL SERVICES AGREEMENT
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BETWEEN THE CITY OF FORT WORTH, TEXAS AND
WALSH RANCHES LIMITED PARTNERSHIP
This Municipal Services Agreement ('Agreement") is entered into on _� day of
��. ,_� by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas, ("City") and Walsh Ranches Limited Partnership
("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 Tarrant Countv,
Texas, which consists of approximately 242.279 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 CaseNo. AX-20-005 ('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 subj ect 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
Owner-Initiated Annexation Service Agreement
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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. Emer�v 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 Zonin� — 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 Buildin�s — Residents of the Property will be permitted
to use all other publicly owned buildings and facilities where the public is
granted access.
vii. Stormwater Utilitv 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 impeivious surface. The fees will cover the direct and indirect costs
of stormwater management services.
viii. Roads and Streets (includin� Street li�htin�) — 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 Existin� Structures — Occupied structures that are
using water-well and on-site sewer facilities on the Effective Date may continue
Owner-Initiated Annexation Service Agreement 2 of 7
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 sewet• 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 acicnowledges 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 othet• 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 guat•antees 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 acicnowledge that they are of equal
Owner-Initiated Annexation Service Agreement 3 of 7
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 pai�ty's right to insist upon appropriate perfoimance or to assert any such right
on any future occasion.
10. GOVERNMENTAL POWERS. It is undeistood 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 counteiparts, 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 i•unning 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
WALSH RANCHES LIMITED
PARTNERSHIP
By:
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ghdo � By. Gary G�°ble�
City Manager Vice President
Approved as to For d Legality:
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Senior Assistant City Attorney
Attest:
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Mary Kayser
City Secretary
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Ordinance No. ��g�-�--�`-r - ��'l
State of Texas
County of Tarrant
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This instrument was acicnowledged before me on the �,� day of ,, 2(��
by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, a Texa municipal
corporation, on behalf of said corporation.
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Notary Public, State of Texas
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�; MARIA S, SANGHEZ
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Owner-Initiated Annexation Service Agreement
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STATE OF TEXAS
COUNTY OF TARRANT
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This instrument was acknowledged before me on the �
by Gary Goble, Vice President
of Walsh Ranches Limited Partnership.
By: (�C,
day of , 20 �q
on behalf
� o4�v a��, S,q��Y A. SLEDGE
Notary Public; State of Texas *� t Notary Pub��c, 5tate of 7�ws
� Comm. Explres 04-01-2021
�'of Notary ID 511891-8
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Owner-Initiated Annexation Service Agreement
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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
EXHIBIT A
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SURVEY LINE
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OLD GRANBURY ROAD
(COUNTY ROAD 1089)
(vaaine� a.o.w.) �
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TARRANT
COUNTY
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242,279 ACRES
(16,553,672 SQ. FEET)
TRACT 3
WALSH RANCHES
LIMITED PARTNERSHIP
— VOL. 12624, PG. 92
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LEGEND
I.R.F. IRON ROD FOUND
C.I.R.F. CAPPED IRON ROD SET
C.I.R.S. CAPPED IRON ROD FOUND
CC/ COUNTY CLERK FILE No.
O.P.R.T.C.T. OFFlCIAL PROPERTY RECORDS,
TARRANT COUNTY, TEXAS
(CM) CONTROWNO NONUMENT
TE: 09/11/2020 E X H I B I T " A"
WN BY: J.S.G. ANNEXATION EXHIBIT
KD BY: A.C.B. iN THE
BENIAMIN THOMAS SUBVEY, ABSTPACT No. 1196; IUAN JOSE
�JNO. 0073 ALBIMDDSUNYE7,ABSTNACTNo.4;ANDTHELUTICIAGOiF
.:�i�ie•�•
VOL 11498, PG.142
O.P.R.T.C.T.
ROYGUVANO
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1 "PIPE
WA Surveying, Ine. /��
3017 West 71h Slreel Phune 692 7�7.0800
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Fod Worih, Te�<es 76107 TBP L S Fnm No 1019k3:0
Owner-Initiated Annexation Service Agreement 1 of 3
EXHIBIT A
Continued
BEING A 242.279-ACRE TRACT OF LAND SITUATED IN THE BENJAMIN THOMAS SURVEY, ABSTRACT No.
1496, THE JUAN JOSE ALBIRADO SURVEY, ABSTRACT No. 4, AND THE LUTICIA GOFF SURVEY, ABSTRACT
No. 633, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED TO
WALSH RANCHES LIMITED PARTNERSHIP BY DEED RECORDED IN VOLUME 12624, PAGE 92 OF THE
OFFICIAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING ATA 1-INCH PIPE FOUND IN THE CENTERLINE OF OLD GRANBURY ROAD (AN 80-FOOT WIDE
RIGHT-OF-WAY) FOR THE SOUTHEAST CORNER OF SAID WALSH RANCH TRACT;
THENCE SOUTH 89°06'45" WEST, WITH THE SOUTH LINE OF SAID WALSH RANCHES TRACT AND THE
CENTERLINE OF SAID OLD GRANBURY ROAD, A DISTANCE OF 978.22 FEETTO A 3/8-INCH IRON ROD
FOUND AT THE REENTRANT CORNER OF SAID LUTICIA GOFF SURVEY;
THENCE SOUTH 00°42'28" EAST, CONTINUING WITH SAID SOUTH LINE AND SAID CENTERLINE, A
DISTANCE OF 320.87 TO A MAG NAIL SET FOR THE SOUTHERNMOST SOUTHEAST CORNER OF SAID
WALSH RANCHES TRACT;
THENCE SOUTH 89°15'30" WEST, DEPARTING SAID CENTERLINE AND CONTINUING WITH SAID SOUTH
LINE, A DISTANCE OF 2,740.57 FEET TO THE SOUTH COMMON CORNER OF SAID WALSH RANCHES TRACT
AND A TRACT OF LAND DESCRIBED TO ONCOR ELECTRIC DELIVERY COMPANY BY DEED RECORDED IN
COUNTY CLERK FILE No. D202329261 OF SAID OFFICIAL PUBLIC RECORDS, FROM WHICH A 60d NAIL
FOUND IN A FENCELINE BEARS SOUTH 88°26'S4" EAST, 1.43 FEET;
THENCE WITH THE EAST LINE OF SAID ONCOR ELECTRIC TRACT, THE FOLLOWING COURSES AND
DISTANCES:
NORTH 28°04'42" EAST, A DISTANCE OF 1,870.95 FEET TO A TO A 5/8-INCH CAPPED IRON ROD
STAMPED "UA SURVEYING" SET (HEREINAFTER REFERRED TO AS "SET IRON ROD") FOR CORNER;
NORTH 61°55'18" WEST, A DISTANCE OF 25.00 FEET TO A TO A SET IRON ROD FOR CORNER;
NORTH 28°04'42" EAST, A DISTANCE OF 1458.01 FEET TO A TO A SET IRON ROD FOR THE
BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 17,039.00 FEET AND A CHORD
THAT BEARS NORTH 29°34'12" EAST, 887.10 FEET;
WITH SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 2°59'00", AN ARC LENGTH
OF 887.20 FEET TO A SET IRON ROD FOR CORNER;
NORTH 31°03'42" WEST, A DISTANCE OF 644.92 FEET TO A TO A SET IRON ROD AT THE SOUTH
LINE OF SAID OLD GRANBURY ROAD FOR CORNER;
THENCE NORTH 89�15'30" EAST, WITH THE NORTH LINE OF SAID WALSH RANCHES TRACTAND ALONG
SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 1,348.52 FEET TO A MAG-NAIL SET IN THE
CENTERLINE OF SAID OLD GRANBURY ROAD FOR THE NORTHEAST CORNER OF SAME TRACT;
THENCE SOUTH 00°44'30" EAST, WITH SAID CENTERLINE, A DISTANCE OF 3,919.23 FEETTO THE POINT
Owner-Initiated Annexation Service Agreement 2 of 3
OF BEGINNING AND CONTAINING A CALCULATED AREA OF 242.279 ACRES (10,553,672 SQ. FEET) OF
LAND.
Owner-Initiated Anneaation Service Agreement 3 of 3
4/29/2021
CITY COUNCIL AGENDA
DATE:
CODE:
4/20/2021 REFERENCE M&C 21-
NO.: 0296
L TYPE: NON-
CONSENT
Oiricial site oi ii�� Ci�, oi Fo;i V/ortii, I2xa,
FORT��'URTII
-��-
LOG NAME: 06AX-20-005 FRASER RANCH,
OWNER-INITIATED
PUBLIC NO
HEARING:
SUBJECT: (Future CD 6) Conduct Public Hearing, Authorize Execution of Municipal Services
Agreement and Adopt Attached Ordinance for the Proposed Owner-Initiated Annexation of
Approximately 242.279 Acres of Land in Tarrant County, Known as Fraser Ranch, Located
South of McPherson, West of Chisholm Trail Parkway along the Eastern Edge of the Fort
Worth & Western Railroad, in the Far Southwest Planning Sector, AX-20-005
(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 242.279 acres of land in Tarrant County, known as Fraser Ranch, located
south of McPherson, west of Chisholm Trail Parkway along the eastern edge of the Fort Worth
& Western Railroad, in the Far Southwest Planning Sector as shown on Exhibit A;
2. Authorize execution of Municipal Services Agreement between the City and property
owners, Benchmark Acquisitions, LLC; and
3. Adopt ordinance annexing AX-20-005 for full purposes.
DISCUSSION:
On October 2, 2020, representatives for the property owners Benchmark Acquisitions, 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 Tarrant County. The site is located south of McPherson, west of Chisholm Trail Parkway
along eastern edge of the Fort Worth & Western Railroad. The owner-initiated annexation contains
approximately 242.279 acres of land. The proposed annexation is consistent with the urban
development criteria as established by the City's Annexation Policy. The subject area is currently
agricultural and vacant land. The property is proposed for residential and commercial type
development.
On March 10, 2021, the related zoning case (ZC-20-137) was presented to the Zoning Commission,
and the commission voted to recommend approval of the requested zoning to City Council. The
requested zoning is "A-5" Singfe Family Residential and "G" Intensive Commercial.
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:
E
2.
A list of each service the municipality will
and
A schedule that includes the period within
that is not provided on the effective date
provide on the effective date of the annexation;
which the municipality will provide each service
of the annexation.
The municipal services agreement includes these provisions in accordance with state law.
The proposed voluntary annexation abuts approximately 2.254 acres of county right-of-way. Under
Section 43.106 of the Texas Local Government Code "a municipality that proposes to annex any
1/ •����
apps.cfwnet.org/council_packeUmc review.asp?ID=28846&councildate=4/20/2021 112
4l29/2021
IdiF.?LH:Z�RC�1
portion of a county road or territory that abuts a county road must also annex the entire width of a
county road and the adjacent right-of-way on both sides of the county road." The annexation of the
2.254 acres is the required right-of-way portion of the county road.
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. The fiscal
impact analysis was then provided to Planning & Data Analytics for review. The 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 area
meeting the City's annexation criteria and the ability for the City to provide services, staff recommends
approval of the requested owner-initiated annexation, AX-20-005.
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 and
adopt an ordinance annexing the Fraser Ranch.
Upon approval of the annexation request, the property will become part of COUNCIL DISTRICT 6.
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.
Fund
Fund
Department
ID
Department
ID
Account
Account
Project
ID
Project
ID
Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
0073 Fraser Ranch-Schematic Plan 20210205.pdf
F�chibit A- Site Map AX-20-005.pdf
FIA Fraser Ranch - Benchmark Acquisitions, LLC.pdf
Budget
Year
Budget
Year
Dana Burghdoff (8018)
D.J. Harrell (8032)
Leo Valencia (2497)
Ordinance (AX-20-005 Fraser Ranch) Benchmar{c Acquisitions, LLC.docx
Revised Partially Executed MSA.PDF
Program � Activity
Program � Activity
Reference #
Chartfield 2'
Reference #
Chartfield 2
Amount
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