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HomeMy WebLinkAboutContract 56135 CITY SECRETARY ���1� CONTRACT NO. rj MUNICIPAL SERVICES AGREEMENT G BETWEEN THE CITY OF FORT WORTH,TEXAS AND WALSH RANCHES LIMITED PARTNERSHIP AND F. HOWARD WASLH,JR. Children GST Tax Exempt Trust 2006 This Municipal Se^,7ices Agreement ("Agreement") is entered into on r — ay of by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas, ("City")and Walsh Ranches Limited Partne hi a Texas limited partnership, and F. HOWARD WASLH, JR. Children GST Tax E empt Trust 2006, a Texas trust("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, 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 provi ed for the Property on or after the effective date of annexation(the "Effective Date"); WHEREAS, Owner owns certain parcels of land situated in Parker County, Texas, which consists of approximately 121.53 acres of land in the City's extraterritoriaIjurisdiction, 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-21-008 ("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 Agreement provide f , [_�MClAL RECORD 07V SECRETARY Owner-Initiated Annexation Service Agreement �. Q��`'' XI 0 11 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 se; ice. 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 aving services provided by any method or means by which the City may extend murlicipal 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 Med (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 com unity 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 opera ion 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 BuildiW. Residents of the Property will be per itted to use all other publicly owned buildings and facilities where the pu lic 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 lighting) - The City's Transportation and Public Works Department will maintain the public streets and streetligh s 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 11 using water-well and on-site sewer facilities on the Effective Date may continue to use the same. Water and Wastewater services will be provided upon the inclusion of the area in the Certificate of Convenience and Necessity (C N) for the City. If a property owner desires to connect an existing structure to e 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 f r 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 pro ibited 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 aL 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, infrastricture, and infrastructure maintenance that is comparable to the level of services, infrastruct e, 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. Pwner acknowledges that approval of the Annexation Case is within the sole jurisdiction oft e 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 unenforce ability 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 lit gation Owner-Initiated Annexation Service Agreement 3 of 11 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 acknowledge that they are o 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 arrant 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. II. 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 inform tional purposes only and shall not alter the substance of the terms and conditions of this Agreement. 13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITHI 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. Except as provided in Section 15, 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. 15. ECONOMIC DEVELOPMENT AGREEMENT.Nothing herein waives or diminishes any obligations by City pursuant to that certain Economic Development Agreement between the City of Fort Worth and Walsh Ranches Limited Partnership, The Walsh Children's Trusts, the Walsh Grandchildren's Trusts and F. Howard Walsh, Jr. for Walsh Ranch dated May 6, 2003, as amended as of the effective date of this Agreement or thereafter (City Secretary Contract No. 28885). In the event of a conflict with this Agreement, the Economic Development Agreement shall prevail. 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 11 CITY OF FORT WORTH WALSH RANCHES LIMITED PARTNERSHIP By: Walsh North Star Company, its General Partner By: Y•B / Name: Name: Ryan B.Dickerson i Title: Assistant City Ma ger Title: Vice President F. HOWARD WALLH,JR. Children GST Tax Exempt Trust 2006 Approved as to Form and Legality: By: � Name: Gary F.Loble Title: Trustee Name: TN . Senior Assistant City Attorney .OR Attest: ff i (_k�;t.4 City Secretary Approvals: M&C: %_ �ncj�lP Ordinance No. OFFICIAL RECORD CITY SECRETARY FT.WORM T Owner-Initiated Annexation Service Agreement 5 of I 1 State of Texas § County of Tarrant § This instrument was acknowledged before me on the /3 day of , 204 by DA_r. kolo -( , Assistant City Manager of the City of Fort orth, a Texas municipal corporation, on behalf of said corporation. BY MARIA S,SANCH EZ • My Notary ID 9 2256490 Notary Public, State of Texas y� n�iE"'' Expires December 19,2021 State of Texas § County of ?0L4 VJLX § This instrument was acknowledged before me on the (0 day of u� , 20�Lt, by Ryan B. Dickerson, Vice President on behalf of Walsh North Star Company, LLC, Delaware limited liability company,the general partner of Walsh Ranches Limited Partnership,a Texas limited partnership. BY' � "�. BEXIE NOBLES 4W Notary Public,State of Texas Notary Public, State of Texas Fh Comrrw Expires 06-07-2023 oF� Notary to 13204280-4 State of Texas § County of 30_ kLAj_ § This instrument was acknowledged before me on the �9 day of , 20 1, by Gary F. Goble, Trustee on behalf of F. HOWARD WASLH, JR. Children GST Ta xempt Trust 2006, a Texas trust. B . BEXIE NOBLES i Notary Public,State of Texas Notary Public, State of Texas Comm.Expires 06 07-2023 '+oF Notary to 13204280.4 After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECOR0i C17Y SECRETARY FT. WORTH,TX Owner-Initiated Annexation Service Agreement 6 of I I EXHIBIT A METES AND BOUNDS DESCRIPTION BEING a 121.53 ace parcel of land situated in Section 29,Houston Tap&Bramria Railroad Company Survey,Abstract No.654 and Section 3. International 6 Great Northern Railroad Company Survey,Abstract No.1995,Parker County,Texas and being a part of a tract of land described in deed to Walsh Ranches limited Partnership,as recorded In Volume 2699,Page 2765.Deed Records,Parker County,Texas(D.R.P.C.T.)and Volume 12624,Page 92,Dad Records,Tarrant County,Texas(D.R.T.C.T.)and a a8ad 21.6792 we tract of land described as Tract S(A)in dead to). Howard Walsh,Jr.,reeoi ad In Volume 1382,Page 1248,D.R.P.C.T.,said 12L%acre parcel of land being more particularly described by metes and bounds as follows: BEGINNING at a found*%4nch ton rod with yellow cap stamped'DUNAWAY ASSOC.LP'(hereinafter abed S/B•inch YCIR)on the south right-d-way Nne of Interstate Highway 30(a variable width rightd-ray►,as recorded in Volume 115Z Page 2066.Volume 2152,Page 1055 and Volume 1132,Page 2075,D.R.P.C.T.and the northeast corner of Lot 3,Nock 2,Wash Ranch,an addition to the City of Fort Worth,as recorded in } Document No.201a30249,Plat Records,Parker County.Tens IP.R.P.C.T.)And being locatable by NAD83 grid Coordinate N=9,946,346.15,E■ p 2,260.11 ; THENCE North 89 degrees 33 minutes 28 seconds East along said south rightof-way fine,a distance of 298.11 feet to a found S/8-inch iron rod for 5 corner, THENCE South 00 degrees 44 minutes 39 seconds East continuing along sold south right4*-way Erie.a distance of 2L77 feet to a found IA4nch iron rod for corner, L THENCE North 89 degrees 34 minutes 03 seconds East continuing along said south right-of-way line,passing a found TxDOT concrete monument at a distance of 462-40 fed,continuing for a total distance of 475.30 feet to a found TxDOT concrete monument for the northwest corner of a - tract of land described in deed to Najarian-ThomasJoint Venture,as recorded in Volume 5942,Page 848,D.R.T.C.T.; THENCE South 00 degrees 14 minutes 00 seconds East departing said south rightof-way lino along the west line of said Najarian-Thomas tract,a distance of 2,244.31 feet to a point for corner; THENCE South 89 degrees 21 minutes 27 seconds West.departing the West line of said Najarian-Thomas tract,across said Walsh Ranch tract,a distance of 555.28 feet to the beginning of a curve to the right having a radius of 7SS.00 feet,a central angle of 40 degrees 38 minutes 39 seconds and a chord bearing of South 07 degrees 38 minutes 27 seconds West,a distance of 524.42 feet; THENCE Southwesterly along said curve to the right an arc length of 535,59 feet to the end of said curve; THENCE continuing across said Walsh Ranch tract,the fottovang courses and distances: THENCE North 57 degrees 1S minutes 36 seconds West a distance of 2,042.35 feet to a point for corner, THENCE South SB degrees 27 minutes 16 seconds West,a distance of 325.01 fat to a point for corner; THENCE South 78 degrees 14 minutes 32 seconds West,a distance of 544.48 Feet to a point for corner; THENCE North 64 degrees 53 minutes 07 seconds west,a distance of 23331 feet to a point for comer, THENCE North 78 degrees 19 minutes 41 seconds west,a distance of 2"feet to a paint for corner, THENCE North 95 degrees 49 minutes 33 seconds West,a distance of 721.83 fed to a point for comer, THENCE North 74 degrees 18 minutes SO seconds West,a distance of 21M36 feet to a point for comer, THENCE South 68 degrees 24 minutes 21 seconds West,a distance of 492.99 feet to a point for comer; P THENCE North 86 degrees S9 minutes 53 seconds West,a distance of M42 fact to a point on the east right-of-way ire M Interstate Highway 20 u (a varlabk width rWAof-way),as described in a right-d-way dedication to the State of Tans,as recorded in Volume 2252,Pap 2032,DRP.C.T 4 forte, THENCE North 40 degrees 51 minutes 59 seconds West,along said east right-of-way IN4 a distance of 2,689.37 fed to a found TxDOT monument for corner, t THENCE North 00 degrees 29 minutes 07 seconds Fast continuing along Bald east dghtoi-way line,a distance 165.02 feet to the irrtersaction of the east rfghtof-way line of said Interstate Highway 20 and the south right-af-way line of said Interstate Highway 30 for the beginning of a E non-tangam curve to the Ice having a radius of 3,9=72 feat a antral of 02 degrees 33 minutes 54 seconds and a chord hearing of South 89 degrees 09 minutes 11 seconds Fast,a distance of 274.62 feet from which a found 64ach Iron pipe ban South 24 degreas 24 minutes 26 seconds East.a distance of OM feet; THENCE Sohdheasteriy along the south rightd-way fine of said Interstate Highway 30 and said non•tange"t curve to the left.an are length of 174.63 fed to a point for comer, THENCE continuing along the south rightof-way line of said Interstate Highway 30,the fo0owing courses and distances: THENCE North 89 degrees 34 minutes 44 seconds East a distance of 274.50 feet to a found TxDOT monument for corner, THENCE South 00 degrees 25 minutes 34 seconds East,a distance of 29.00 fed to a found TkDOT monument for come b Co d......... DUNAWAY ssDaeaayArasre•5kft 4I10-Fon W*N tm=76I07 A plat of even date accompanies this R"R1B;GRgAIUI tA77IOM ttlD18fOD metes and bounds description. 2001169.027 PAGE 1 of 5 Owner-Initiated Annexation Service Agreement 7 of I 1 EXHIBIT A Continued METES AND BOUNDS DESCRIPTION Continued...— THENCE North 89 degrees 34 minutes 26 seconds East,a distance of 700.00 feet to a found TxDOT monument for corner, THENCE South 88 degrees 02 minutes 11 seconds East,a distance of 444.09 featto a found TxDOT monument for comer; THENCE South 88 degrees 08 minutes 43 seconds East,a distance of 320.01 feet to a found TxDOT monument for comer; THENCE South 85 degrees 58 minutes 29 seconds East,a distance of 400.56 feetto the northwest corner of a called 0.9563 acre tract of land described as Parcel 2,Part 2 in a right-of way dedication to the City of Fort Worth,recorded In Document No.220320926,Official Public Records of Parker County,Taxes(O.P.R.P.C.T.)and Document No.D213244795 Official Public Records,Tarrant County,Texas; THENCE South 04 deg:aes DO minutes 59 seconds West,along the west line of said City of Fort Worth right-f-way dedication,a distance of 12Aa �€ feet to a point forthe southwest corner, s THENCE alongthe south line of salt City of Fort Worth ryhtof-way dedication,the following courses and distances: THENCE South 85 degrees 58 minutes 09 seconds East,a distance of 325.27 feet to a found TxDOT monument for comer; s THENCE South 54 degrees 00 minutes 30 seconds East,a distance of 82.24 feet to a found TxDOT monument for corner, . THENCE South 22 degreas 01 minute 54 seconds East,a distance of 73.53 feet to a found TxDOT monument for corner; THENCE EAST,a distance of 24.51 feet to a found 5/24nch YCIR for the northwest corner of Walsh Ranch Parkway(a variable width right-of-way),as dedicated by Walsh Ranch,an addition to the City at Fort Worth,as recorded In Document No.201330249,P.R.P.0 T4 THENCE South 03 degrees 24 minutes 50 seconds East,departing said south right-of-way line and along the west right-d-way kne of said Walsh Ranch Parkway,a distance of 70AG fact to a found 5/9tinch YCIR for corner, n :L THENCE continuing along the west rightd-way line of said Walsh Ranch Parkway,the folowing courses and distances: o THENCE SOUTH,a distance of 40AS fast to a found 5/8-Inch YCIR for the beginning of a curve to the left having a radius of 2,012.00 feet,a central 4 angle of 02 degrees 54 minutes 52 seconds and a chord bearing of South 01 degree 27 minutes 26 seconds East,a distance of 10234 feet; a THENCE Southeaste aloe said curve to the left on arc length of 10235 feet to the beginning r1y { gt +>s of a reverse curve to the right having a radius of g 5,720.00 feet,a central angle of 02 degrees 54 minutes 50 seconds and a chord bearing of South 01 degree 27 minutes 26 seconds East,a distance of 290.8E feet; THENCE Southeasterly along said reverse curve to the right an arc length of 290.91 fact to a 5/8anuh YCIR to the southwest terminus of said Walsh Ranch Parkway for the and of said curve; THENCE EAST,along the south right-f-way line of sal!Walsh Ranch Parkway,a distance of 140.00 feet to a found 5/8-Inch YCIR for the southeast terminus of the east right-(-way One of said Walsh Ranch Parkway for comer, THENCE North 44 degreas 30 minutes 13 seconds East,along the cast rightof-wey of said Walsh Ranch Parkway,a distance of 28.76 feet a found S/a-inch YCIR for the intersection of the east right-of-way line of said Walsh Ranch Parkway and the south right-of-way line of Highland Hills Drive(a 60 foot width right-d-way),as dedicated by Walsh Ranch,an addition to the City of Fort Worth,as recorded in Document No.201830249,P.R.P.C.T.; x 4 THENCE EAST,along said south rightof-way line of said Highland Hills Drive,a distance of 1,168.12feet to a found 5/8-Inch YCIR for tothe beginning of a curve to the right having a radius of 695.76 fed,a cerdral angle of 37 degrees 11 minutes 10 seconds end a chord bearing of South 71 degrees 02 minutes 48 seconds East,a distance of 443.68 feet; THENCE Southeasterly,along said south right-of-way and said curve to the right an arc length of 451.56 feat to a found 5/9ench YCIR to the southeast terminus of sold Highland Hills Drive for the end of said curve; THENCE North 37 degrees 33 minutes 57 seconds East,alongthe east rightofway line of sold Highland Hills Drive,passing a found 5/44nch YCIR at a distance of 60.00 fed the northeast terminus of salt Highland Hills Drive and the southeast comer of sad tot 3,continuing for a total distance of 146.66 fed to a found 5/84nnch YCIR for comer; s THENCE NORTH,along the east line of said Lot 3,a distance at 762.0 1 foot to the POINT OF BEGIN N ING and containing 5,293,11109%quare fact or d 12153 acres of lard,more or ins. a f The basis of bearings for this survey is the Texas State Coordinate System,North Central Zone,based upon GP5 measurements.Distances and areas hereon are surface values.A combined scale factor of 0.99984462415 was used for this project. i si�'rfa- 4 2i A plat of even date accompanies this SURVEYOR'S CERTIFICATE: metes and bounds descrlptlon. I hereby certify that this map is based on an accurate HAL MOLLENKOPF survey of the property made on the ground under my '� DUNAWA cope vision. ,�.°��5439�,�ro. y � �►�„QB,,(� ess 044)6-21 s90 0arMy Moran•&A.I p•Fart worol Wass 74107 Ha Mo lenkop Date 1uk6173KI121 Registered Professional Land Surveyor FIRM OECitl MOIN 1001b100 State of Texas,No.5439 2001169.027 PAGE 2 of 5 Owner4nitiated Annexation Service Agreement 8 Of 11 EXHIBIT A Continued ,MAN W.®y , _ ,�£t►�� �.00fLM MMMMVM.Le~ Irv! a BPS,{ems•you �'rS W N •� Z yam•� W W N miss tJ M 4—. - j� N �On ' i Q19 � Xirm YIV.ljcl� , ior! 3 ] LA �&L 0 W ID cd CO s� N Z 3 01 ,10-COL RMN _ s N 9 O 1/1 fX�Z LWZI ZN� O«N� N Y � NO G3N �N Ill U p J V WW yo �r In in t M QQg Z n ev N Ln F 10 `T, yn n N Wq W rn CL^ C7' w� c > l�W < di E 9 W YI ~ N l• r II =2g�_aOU F�.K�U � _�1�a } 3•m omSIP. �l^'�NUO �z a-'L d Q j0a:Q� L•' Y.4 = Z Fa dW 2 LL W � ac�i E �} Y o g$ � g3 } i L �" c U s 3 �OCCI d NCf� ,'°,a�13yy id p �Nul z FEZGI v •-'O ONOOFWNW ��ZEE �I ZM W Q �ds ) Y plLdd �.r c`�a-3C3CYaa a s 6 ^[ �r33 Z Fi F"O J' N ^' g v ., W z A ,5 is 4 S:1O V 39dd 33S 3NIIHDIVVY 1 P'�FA!H WSW 11411A!ZO'Jf 1100E\�I�M\�!�+oVvaJ.�+ns\/9t 100G\100E\AI!urYiwo�wr41\wg7nPD4\�`.J�IlVJ311i Wd 6GY�1V LZOL'f01MW''bDs�^1�NU oY�DDJ�Df�A�031101J Owner-Initiated Annexation Service Agreement 9 of I I EXHIBIT A Continued 5 d0 E 39Vd 33S 3NIlH:)1'dIN n W �) 1 �p vla�zQ�� 3 a5 1, i d-0 o n ., ; a �tiJs v v,.. g 0 I�FH tl %a P000 H O'v11°j p ��iy N pJ�<�� W �:d� S� 04: Q3 � g o �30 a� a fA r`1 = p�Pao 3 ado $ol TL ROZ W S { _o r� a �� 0 +� e Ally� Kz0 2 N Q �z ��� fM �aCL� �W W�c d Qg1 W LLJ �1 #hn i3 z ? 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Owner-Initiated Annexation krviaAgreement 11Ofe City of Fort Worth, Texas Mayor and Council Communication DATE: 08/03/21 M&C FILE NUMBER: M&C 21-0516 LOG NAME: 06AX-21-008 WALSH RANCH HIGHLAND HILLS—OWNER INITITATED SUBJECT (Future CD 3)Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner-Initiated Annexation of Approximately 121.53 Acres of Land in Parker County, Known as Walsh Ranch Highland Hills, Located within the Walsh Ranch Limited Purpose Annexation, Immediately East of the Convergence of Interstate Highways 20 and 30, and 67i06 acres of right-of- way in the Far West Planning Sector,AX-21-008 (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 121.53 acres and 67.06 acres of I nd in Parker County located within the Walsh Ranch Limited Purpose Annexation, immediately east of the convergence of Interstate Hiq ways 20 and 30 as shown on Exhibit A; 2. Authorize execution of Municipal Services Agreement between the City and property owners, Walsh Ranches Limited Partnership and F. Howard Walsh,Jr.;and 3. Adopt ordinance annexing AX-21-008 for full purposes. DISCUSSION: On June 17,2021, representatives for the property owners Walsh Ranches Limited Partnership and F. Howard Walsh,Jr., submitted a request for full-purpose annexation of the property shown on Exhibit A into the City of Fort Worth. The subject property is located entirely that portion of the City's extraterritorial jurisdiction which is in Parker County. The site is located within the Walsh Ranch Limited Purpose AnZation(AX-03-0010), immediately east of the convergence of Interstate Highways 20 and 30. The owner-initiated annexation,which is approximately 121.53 acres, is consistent with the urban development annexation criteria as established by the City's Annexation Policy. The subject area is currently agricultural land and the property owner's proposal of mixed-use development is consistent with the future land use map of the 2021 Comprehensive Plan.The proposed annexation includes 67.06 acres of righ-of-way adjacent to the property. The related Limited-Purpose annexation case (AX-03-0010)was approved by City Council on October 14, 2003. City Council approved the related zoning case (ZC-16-115)on June 21, 2016. Zoning for this area is identified as "PD/MU-2" for uses in "MU-2'j' as outlined in the September 30,2003 Zoning Ordinance. AX-21-008 is also related to Preliminary Plat case PP-21-023(filed on April 12, 2021)and Concept Plan case CP-17-005 (on file as of November 20, 2017). The Concept Plan and Preliminary Plat were approved by the City;Plan Commission. According to the Walsh Ranch development agreement(CSC#28585),the Owner shall submit preliminary subdivision plats and requests for full purpose annexation pursuant to the procedure for development of the property. 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 that is not provided on the ffective 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 wa generated with the assistance of various City Departments. The fiscal impact analysis was then provided to Planning&Data Analytics for review. City tax revenue is expected to have a positive fiscal impact over the next ten years after the proposed development has been built. Based oil!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-21-008. 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-21-008 for full purposes. If annexed,this property will become part of COUNCIL DISTRICT 3. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached ordinance,the annexation will have a long-term positive impact to the General Fund. Submitted for City Manager's Office bk Dana Burghdoff 8018 Originating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Leo Valencia 2497 Expedited 8/9/2021 City of Fort Worth-File#:M&C 21-0516 Sign In Home Legislation Calendar City Council Departments City of Fort Worth-Action Details Details Reports Details File#: M&C 21-0516 Version:1 Name: File#: MC 210516 Version:1 Type: Land-Report of CM Status: Pa Type: Land-Report of CM File created: 7/29/2021 In control: Title: (Future CD 3)Conduct Public Hearing,Au horize Execution of Mu On agenda: B/3/2021 Final action: g/ Consider Adopting Ordinance for the Pro Owner-Initiated A 121.53 Acres of Land in Parker County,K own as Walsh Ranch F (Future CD 3)Conduct Public Hearing,Authorize Execution of Munic Ranch Limited Purpose Annexation,Immediately East of the Com Title: Annexation of Approximately L21.53 Acres of Land in Parker County 30,and 67.06 acres of right-of-way in the Far West Planning Sec Annexation,Immediately East of the Convergence of Interstate Higt Report of City Staff:Mary Elliott;b.Public Comment;c.Council P 008(PUBLIC HEARING-a.Report of City Staff:Mary Elliott;b.Publ M&C) Attachments: 1.M&C 21-0516.2.Exhibit A-Marl Ax-21-008 WRFII jpd;3.Munid Mover: Michael D.Crain Seconder: Car History(1) Text Result: 1 record Group Export Agenda note: Minutes note: Mayor Parker opened the public hearing. Date Ver. Action By Action _8/3/2021_..._..._....___.........-......1-i- ............_..._.. CITY COUNCIL___........__.......................................... ................. .. Approved 1. Report of City Staff Ms. Mary Elliott, Development Services Departr and provided a staff report. 2. Public Comments There were no public comments. 3. Council Action Action: Approved Action text: Council Member Crain made a motion,s 7 nded by Council Mem I I https://fortworthgov.legistar.com/LegislationDetaii.aspx?ID=5072927&GUID=3OD382DA-8766-489F-AE61-1 E248DE391AI 1/1