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HomeMy WebLinkAboutContract 56136 CITY SECRETARY Gwmwr NO. J b 1 IO MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND M.T. COLE FAMILY PARTNERSHIP NO. 2, LP xl Municipal Services Agreement ("Agreement") is entered into on ay of _ by and between the City of Fort Worth, Texas, a home-rule municipalit; of the State of Texas,("City") and M.T. Cole Family Partnership No. 2, LP ("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 purpo es of annexation under the Texas Local Government Code("LGC"); WHEREAS, Section 43.0671 of the LGC permits the City to annex an area if each owner of land in an area requests the annexation; WHEREAS, where the City elects to annex such an area,the City is required to enter into a written agreement with the property owner(s)that sets forth the City services to be provided for the Property on or after the effective date of annexation(the "Effective Date"); WHEREAS, Owner owns certain parcels of land situated in Denton Cdunty, Texas, which consists of approximately 197.754 acres of land in the City's extraterritorial jurisdiction, such property being more particularly described and set forth in Exhibi "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-21-002 ("Annexation Case"); WHEREAS, City and Owner desire to set out the City services to be provided r 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 premises contained herein, City and Owner agree as follows: 1. PROPERTY. This Agreement is only applicable to the Property, which is the subject f 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 m4y be OFFICIAL RECORD Owner-Initiated Annexation service Agreement CITY SECRETARY FT. WORTH,TX 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-pu ose 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 se ices set forth below. As used in this Agreement, "providing services" includes hiving 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 prot ction services. ii. Police — The City's Police Department will provide protection an law enforcement services. iii. Emergency Medical Services — The City's Fire Department and MedStar (or other entity engaged by the City after the Effective Date)will provide emer 'ency 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, iules, 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 commI .ty service facilities, libraries, swimming pools, etc.), throughout the City.TAny private parks, facilities, and buildings will be unaffected by the annexn; provided, however, that the City will provide for maintenance and operatof the same upon acceptance of legal title thereto by the City and appropri ions therefor. In the event the City acquires any other parks, facilities, or buildings necessary for City services within the Property,the appropriate City department will provide maintenance and operations of the same. vi. Other Publicly Owned Buildings—Residents of the Property will be permitted to use all other publicly owned buildings and facilities where the public is granted access. vii. Stormwater Utility Services — The Property will be included in theCity's Stormwater Utility service area and will be assessed a monthly fee based o i the amount of impervious surface. The fees will cover the direct and indirect osts 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 streetlights over which the City has jurisdiction. The City will provide regulatory sigaage services in accordance with the City policies and procedures and appli able laws. ix. Water and Wastewater to Existing Structures — Occupied structures tha 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 strut: re 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 connec ed to the City's water and sanitary sewer mains, the water and sanitary s wage service will be provided by the City at rates established by City ordinan s 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 'bited by law. xi. Code Compliance — The City's Code Department will provide educ tion, enforcement, and abatement relating to code violations within the Properly. 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-p4rpose boundaries and not otherwise listed above, except as provided in Section'' (b). b. The City will provide water service and wastewater treatment service to develop' ents established after the Effective Date in accordance with, and on the schedule determined by, the City's extension policies and applicable law and at rates established by City ordinances for such services. c. It is understood and agreed that the City is not required to provide a service that is not included in this Agreement. d. Owner understands and acknowledges that the City departments listed above may change names or be re-organized by the City Manager. Any reference to a specific department also includes any subsequent City department that will provide the same or similar services. 4. SERVICE LEVEL. The City will provide the Property with a level of services, infrastnz ure, and infrastructure maintenance that is comparable to the level of services, infrastructur , 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 Prope 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 s to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforcea ility 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 acknowledge 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 nego iation and drafting of this Agreement. 8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in ant 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 Gove ent 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 consti,tute a waiver of that party's right to insist upon appropriate performance or to assert any suct 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 HE 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 M.T. COLE FAMILY PARTNERSHIP No. 2,LP fto By: By: Dana Burg doff 1A Jenrkfer lex der Assistant City Manager Manager Approved as to Form and Legality: cj�?Vror eUA as Senior Assistant City Attorney Attest: C�,r L�. �. Jr 1 laEa�4c�se� r- �j�d tom.��a S i,�r' �^`� •�; A ;j City Secretary , Approvals: M&C 'N- ota Ordinance No. -aool State of Texas § County of Tarrant § This instrument was acknowledged before me on the JL day of 2DIV by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, a Texas dukicipal corporation, on behalf of said corporation. By: /)! +'P�M R1A S,SANCI 2�.P......tc .: My Notary ID#2256490 Notary Public State of Texas -"�' `"'�+` Expires December 19,2021 9 f ••,F OF OFFICIAL RECORD CITY SECRETARY FT. WOKH,TX Owner-Initiated Annexation Service Agreement STATE OF TEXAS § § COUNTY OF �W L41 § This instrument was acknowledged before me on the day of , 20Q� by Jennifer Alexander, Manager on behalf of M.T. Cole Family Partnership No. 2, LP. By:U�)_u P. 4z�_ Notary Public, State of Texas °"B CLOREECE R POWRIE Notary ID#6154092 My Commission Expires February 20, 2025 OFFICIAL RECORD CITY WORTH, TX Owner-Initiated Annexation Service Agreement 6 OR 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 Tract 1 PROPERTY DESCRIPTION TRACT 1 STATE OF TEXAS: COUNTY OF DENTON: BEING a tract of land situated in the C.Perry Survey,Abstract No.1031.the A.King Survey,Abstract No.710, and the L.Butler Survey,Abstract No.64,Denton County,Texas,being a portion of that tract of land as described in deed to The M.T.Cole Family Partnership No.2,LP,recorded in 2009-102749,Official Records, Denton County,Texas f ORDCTj,and being more porticularty described as follows: COMMENCING at 1/2"rebor capped Goodwin 6 Marshall set at the most westerly corner of Lot 1 R,Block 1,Northpoint Alliance Industrial Park,on addition to the City of Fort Worth,Denton County,Texas as recorded in 2020.401,ORDCT,said point being a reentrant corner in the northeasterly line of a tract of land as described in deed to NP-OV Fort Worth Logistics Park,LLC,recorded in 2020.70676,ORDCT; THENCE North 41 degrees 23 minutes 43 seconds East,along the northwesterly line of said Lot 1 R,Block 1 and a reentrant line of said NP-OV Fort Worth Logistics Park tract,a distance of 7.87 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE departing the northwesterly line of said Lot I R.Block 1,along the northeasterly line of said NP-OV Fort Worth Logistics Park tract and a tract of land as described in deed to NP-OV Fort Worth Logistics Project CY, LLC,recorded in 2020-70675,ORDCT,as follows: Northwesterly,along a non-tangent curve to the left,having a radius of 470.00 feet,a central angle of 17 degrees 51 minutes 59 seconds.an arc distance of 146.56 feet,and a chord that bears North 72 degrees 38 minutes 10 seconds West, 145.97 feet to the beginning of a reverse curve to the right,having a radius of 530.00 feet: Northwesterly,along said curve,having a central angle of 45 degrees 36 minutes 19 seconds,on arc distance of 421.86 feet,and a chord that bears North 58 degrees 46 minutes 00 seconds West,410.81 feet to the beginning of a reverse curve to the left,having a radius of 20.00 feet; Northwesterly,along said curve,having a central angle of 41 degrees 07 minutes 27 seconds,on arc distance of 14.36 feet,and a chord that bears North 56 degrees 31 minutes 36 seconds west,14.05 feet to the beginning of a curve to the right,having a radius of 537.50 feet; THENCE,departing said NP-OV Fort Worth Logistics Project CY tract,across said The M.T.Cole Family Partnership No.2 tract,as follows Northwesterly,along said curve.having a central angle of 34 degrees 49 minutes 21 seconds,an arc distance of 326.68 feet,and a chord that bears North 17 degrees 24 minutes 41 seconds West,321.67 feet to the end of said curve: NORTH,tangent to said curve,a distance of 1,599.89 feet to the beginning of a tangent curve to the left, having a radius of 50.00 feet; Northwesterly.along said curve,having a central angle of 47 degrees 54 minutes 11 seconds,on arc distance of 41.80 feet,and a chord that bears North 23 degrees 57 minutes 05 seconds West,40.60 feet to the beginning of a reverse curve to the right,having a radius of 80.00 feet: <E 'F T c4 g�P G��EAFo 8 G OODWIN 2 Job No.: 10900 Scale: NONE Sheet roEL 8•BAJfftWMM •0 4914 M ARSHALL Drafted: T.J.M. Checked: J.S.B. 1 ° ss�`'P' 4'bsL'.Vtdr CIVIL ENGINEERS—PLANNERS—SURVEYORS Of 2405 Owl"01i'•O1"ev ro.Tw 700 I Date-TS Prepared: 2/1/2021 pn L ' - F CJ YQGC .e. �o Fmm#r aw .w rm&wotnoo C/ , Owner-Initiated Annexation Service Agreement 1 of 6 EXHIBIT A Tract 1 Continued Northeasterly,along said curve,having a central angle of 257 degrees 40 minutes 03 seconds,on arc distance of 359.77 feet.and a chord that bears North 80 degrees 55 minutes 51 seconds East,124.64 feet to the beginning of reverse curve to the left,having a radius of 50.00 feet: Southwesterly,along said curve,having a central angle of 29 degrees 45 minutes 52 seconds,an arc distance of 25.97 feet,and a chord that bears South 14 degrees 52 minutes 56 seconds West,25.68 feet to the end of said curve; SOUTH,tangent to said curve,o distance of 29.57 feet; EAST,a distance of 868.00 feet; North 41 degrees 23 minutes 43 seconds East,a distance of 1.149.97 feet to a point in the approximate centerline of Elizabeth Creek,the northeasterly line of said The M.T.Cole Family Partnership No.2 tract,and the southerly line of a tract of land as described in deed to Forestar(USA)Real Estate Group,Inc.,recorded in 2018-27156,ORDCT; THENCE along the approximate centerline of said Elizabeth Creek and the line common to said The M.T.Cole Family Partnership No.2 tract and said Forestar tract,as follows: South 38 degrees 30 minutes 47 seconds East,a distance of 125.04 feet; North 89 degrees 37 minutes 39 seconds East,a distance of 257.30 feet; South 38 degrees 05 minutes 49 seconds East,a distance of 346.38 feet; South 57 degrees 05 minutes 20 seconds East,a distance of 353.97 feet; South 65 degrees 10 minutes 10 seconds East,a distance of 161.09 feet to the most northerly corner of said Lot 1 R, Black 1; THENCE South 41 degrees 23 minutes 43 seconds West,departing said Elizabeth Creek,along the northwesterly line of said Lot IR,Block I,a distance of 3,209.22 feet to the POINT OF BEGINNING and containing 95,932 acres of land,more or less. NOTES: l. This Property Description represents an actual on the ground survey. 2. Bearings are referenced to Texas State Plane Coordinate System,North Central Zone(4202),North Amefican Datum of 1983 as derived from GPS observation. 04bSMVV4 GOODW1N< Job No.: 10900 Scale: NONE SheetDrafted: T.J.M. Checked: J.S.B.MARSHALLi 2 CIVIL ENGINEERS—PLANNERS—SURVEYORS of 24M mum"oft%fry,T�IMI Date Prepared: 2/1/2021 L a+sl30-an v SIDCC„8. Owner-Initiated Annexation Service Agreement 2 of 6 EXHIBIT A Tract 1 Continued I o 500 elf ORDINANCE No.21377 (REMAINDER) %,e FORESTAR(USA)REAL THE M.T.COLE FAMILY TATE GROUP INC. PARTNERSHIP No.2,LP 2018-27156 2009-702749 O.R.D.C.T. O.R.D.CT. I I A-710 e� 1� A-101<31 TRACT 1 © THEM T� COLE aMI Y I PARMRSW No.I LP I 2WP-102749 O.R.D.C.T, IM �'1 95.932 ACRES (REMAINDER) 0 THE M.T.COLEFAMILY PARTNERSHIP No.2 L P .�� "I — _A_"lIO 2009-702749 �I A-Q O.R.D.CT. 1 LOT IR,BLOCK I I NORTHPOINT ALLIANCE ✓ �J INDUSTRIAL PARK 2020.401 �. 0.R.D.C.T. �o• 44? NP-OV FORT WORTH PROJECTCY,LLC / �G D.C..T. NP-OV FORT WOR LOGISTICS PARK,L C 2020-701676 O.R.D.CT. CURRENT INCORPORATED AREA THIS EXHIBIT REPRESENTS AN ACTUAL ON THE GROUND SURVEY 95.932 ACRES TO BE ANNEXED CJOE�S.BARKTPON GOODWIN$ Job No.: 10900 Scale: r•=5W SheetDrafted: T.J.M. Checked: J.S.B.MARSHALL 9 3 CIVIL ENGINEERS-PLANNERS-SURVEYORS Of s'""rrwq dam"'■T"�"a0°' Date Prepared: 2/1/2021 L (�yi tunas-ara v d"`^' rr,..ti.....�-.....►.�.�,m Owner-Initiated Annexation Service Agreement 3 of 6 EXHIBIT A Tract 2 PROPERTY DESCRIPTION TRACT 2 STATE OF TEXAS: COUNTY OF DENTON: BEING a tract of land situated the A.Robertson Survey,Abstract No.1553,the G.Overton Survey,Abstract No.972,the J.Beaton Survey,Abstract No.1708,the C.Perry Survey,Abstract No.1031,and the L.Butler Survey,Abstract No.64.Denton County,Texas,being a portion of a tract of land as described in deed to The M.T.Cole Family Partnership No.2,LP,recorded in 2009-1 02 74 9,Official Records,Denton County,Texas (ORDCT),being a portion of a tract of land as described in deed to The M.T.Cole Family Partnership No.2, LP,recorded in 2019-72025,ORDCT,and being more particukrty described as follows: BEGINNING at a 5/8"rebar capped Dunaway found in the northwesterly One of Blue Mound Road-F.M.156(variable width R.O.W.per 2007-110923,ORDCT)at the most southerly corner of Lot 1R,Block 1,Northpoint Alliance Industrial Park.an addition to the City of Fort Worth,Denton County,Texas as recorded in 2020.401,ORDCT; THENCE Southwesterly,along the northwesterly line of said Blue Mound Road and a curve to the left,having a radius of 4,683.66 feet,a central angle of 17 degrees 05 minutes 27 seconds,an arc distance of 1,397.09 feet,and a chord that bears South 32 degrees 08 minutes 46 seconds West,1,391.92 feet to a point at a bent 5/8"rebar found at the southeast corner of said M.T.Cole tract and the northeast comer of a tract of land as described in deed to The Burlington Northern and Santa Fe Railway Company,recorded in 2005-3454,ORDCT; THENCE North 88 degrees 55 minutes 13 seconds West,departing the northwesterly line of said Blue Mound Road,along the line common to said M.T.Cole tract and said Burlington Northern and Santa Fe Railway Company tract,distance of 2,116.51 feet to a 5/8"rebor capped Dunaway found at the southeast corner of a tract of land as described in deed to the BNSF Railway Company,recorded in 2020-14394,ORDCT; THENCE North 00 degrees 04 minutes 32 seconds East,departing the north line of said Burlington Northern and Santa Fe Railway Company tract,along the east line of said BNSF Railway Company tract,a distance of 641.42 feet to most southerly comer of a tract of land as described in deed to NP-OV Fort Worth Logistics Park,LLC,recorded in 2020-70676,ORDCT; THENCE departing the east line of said BSNF Railway Company tract,along the southeasterly line of said NP-OV Fort Worth Logistics Park tract,as follows: North 35 degrees 59 minutes 44 seconds East,a distance of 2,050.69 feet: North 46 degrees 06 minutes 48 seconds East,a distance of 137.29 feet to the most easterly comer of said NP-OV Fort Worth Logistics Park tract and a point in the southwesterly line of said Lot 1R.Block 1, Northpoint Alliance Industrial Park: THENCE along the southwesterly line of said Lot 1R,Block 1,Northpoint Alliance Industrial Park,as follows: South 48 degrees 28 minutes 15 seconds East,a distance of 16.05 feet to the beginning of a non-tangent curve to the left,having a radius of 500.00 feet Southeasterly,along said curve.having a central angle of 29 degrees 33 minutes 07 seconds,an arc distance of 257.89 feet,and a chord that bears South 62 degrees 49 minutes 41 seconds East,255.04 feet to the end of said curve: ,1E OF TEF G%� N o Job No.: 10900 Scale: NONE Sheet 1oEi s.BARTON G OODWI ` 5 •0 4914 v.� M ARSHALL Drafted: T.J.M. Checked: J.S.B. 4 °Fessp`'P CIVIL ENGINEERS-PLANNERS-SURVEYORS of 4 SURVO Has NUB"MKV•or.wVM,TOZU 7M+ Date Prepared: 2/1/2021 O T�fq frm/F8 —TsS�Fnm1 QMIM Owner-Initiated Annexation Service Agreement 4 of 6 EXHIBIT A Tract 2 Continued South 73 degrees 06 minutes 46 seconds East,non-tangent to said curve,a distance of 55.84 feet to the beginning of a nor0angent curve to the right,having a radius of 500.00 feet; Southeasterly,along said curve,having a central angle of 24 degrees 51 minutes 16 seconds,an arc distance of 216.90 feet,and a chord that bears South 56 degrees 13 minutes 18 seconds East,215.20 feet to the end of said curve; South 47 degrees 51 minutes 10 seconds East,non-tangent to said curve,a distance of 1,265.82 feet; South 41 degrees 00 minutes 36 seconds East,a distance of 100.72 feet; South 47 degrees 51 minutes 10 seconds East,a distance of 102.37 feet to the POINT OF BEGINNING and containing 101.822 acres of land. NOTES: l. This Property Description represents an actual on the ground survey. 2. Bearings are referenced to Texas State Plane Coordinate System,North Central Zone(4202),North American Datum of 1983 as derived from GPS observation. SEOF'r '�'•'•\57E'-7 4.•4,G Rt'.da G00DWJNW Job No.: 10900 Scale: NONE Sheet JOEL S.BARTON 0 4914 M ARSHALL Drafted: T.J.M. Checked: J.S.B. 5 4'�auevfi� CIVIL ENGINEERS—PLANNERS—SURVEYORS Of 2m W."or..anvo"n.T•�rem+ Date Prepared: 2/1/2021 ,�r.,,.�17W V Owner-Initiated Annexation Service Agreement 5 of 6 EXHIBIT A Tract 2 Continued LOT IR,BLOCK I NORTHPOINT ALLIANCE �Q/ IRS Y O INDUSTRIAL PARK C. p�RR T1No. 1031 �� O.a�T. NP-OV FORT WORTH P-OV FORT WORTH LOGISTICS PARK,LLC PROJECTCY,LLC 2020-70676 1 O 7 2020-70675 O.R.D.C.T. F' � O.R.D.C.T. EU � C% E7.7 Re A-972 — — — A4708 THE Aot T COLEEFAW Y PARrNEMW No.z LP �p 4 I a MOP 102749 I ORDO> o° t I t ♦ y,��G s O I ( (REMAX lWj 3 a � p THE COLEfAMILY 11 PARTNERSIAP M.2 LP 1019--7=5ck Q O.R.DLC.T Q• 0 R TRACT 2 4 A_1708 ® e A-153 \ A-972 101.822 ACRES �® - - - A, 4 THE BURLINGTON NORTHERN AND / SANTA F 5 OANY .R.D.CMT / ORDINANCE No. 17285 0SCALE W FEET SOD r r CURRENT INCORPORATED AREA THIS EXHIBIT REPRESENTS AN ACTUAL ON THE GROUND SURVEY 101.822 ACRES TO BE ANNEXED 'tEOF r� b'�.•GAS T E,p•:�ii G OOD W IN Job No.: 10900 Scale: F'%- ' Sheet ioEt s:BARTON Drafted: T.J.M. Checked: J S.B. '%�o M4��v M ARSHALL 6 E"p• 4'bauliVOC� CIVIL ENGINEERS-PLANNERS-SURVEYORS of 2M wpm awe».T.— -061 Date Prepared: 2/1/2021 6 Owner-Initiated Annexation Service Agreement :6 City of Fort Worth, Texas Mayor and Council Communication DATE: 08/03/21 M&C FILE NUMBER: M&C 21-0430 LOG NAME: 0606AX-21-002 NORTHPOINT PHASE 3—OWNER INITITATED SUBJECT (Future CD 7)Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner-Initiated Annexation of Approximately 197.754 Acres of Land in Denton County, Known as Northpoint Phase 3, Located North of Intermodal Parkway and West of Farm to Market 156-Blue Mound Road, in the Far North Planning Sector,AX-21-002 (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 197.754 acres of land in Denton County located north of Intermodal Parkway and South of State Highway 114 off of Farm to Market 156-Blue Mound Road,as shown on Exhibit A; 2. Authorize execution of municipal services agreement between the City and property owners, M.T.Cole Family Partnership No.2, LP;and 3. Adopt ordinance annexing AX-21-002 for full purposes. DISCUSSION: On February 18, 2021, representatives for the property owners M.T.Cole Family Partnership No.2, LP,submitted an application for full-purpose annexation of the property shown on Exhibit A into the City of Fort Worth. The subject property is located entirely in that portion of the City's extraterritorial jurisdiction which is in Denton County. The site is located north of Intermodal Parkway and west of Farm to Mart 156(Blue Mound Road). The owner-initiated annexation,which is approximately 197.754 acres, is consistent with the urban development a nexation criteria as established by the City's Annexation Policy. The subject area is currently agricultural land and the property owner's propo�ail of industrial type development is consistent with the future land use map of the 2021 Comprehensive Plan. On September 9, 2020, the related preliminary plat(PP-20-047)was approved by City Plan Commission. The preliminary plat boundary is surrounded by City Limits on three sides.The property owner will request annexation with each phase of development. On May 12th,the related zoning case(ZC-21-029)was heard by the Zoning Commission, and the commission voted to recommend approval of the r quested zoning to City Council. The requested zoning is"K"Heavy Industrial. The annexation site is within an area that is identified as being in the Alliance Industrial Growth Center. The proposed an exation site will be accessed from Farm to Market 156 (Blue Mound Road)which is a Texas Department of Transportation (TxDOT)maintained and controlled roadway. Farm to Market 156(Blue Mound Road)is shown as a median divided,three-lane per direction, Commercial Connector on the City's Master Thoroughfare Plan[CCO-L3-TO-NTMS-PO-BOP(130)].As part of the first phase of development,TxDOT improvements were approved for a fifty-foot wide,full movement driveway with southbound deceleration and northbound left turn lane.A traffic study was approv�d as part of the plat approval process. 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 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. 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 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-21-002. 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-21-002 for full purposes. If annexed,this property will become part of COUNCIL DISTRICT 7. 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 by: Dana Burghdoff 8018 Originating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Leo Valencia 2497 8/9/2021 City of Fort Worth-File#:M&C 21-0430 Sign In Home Legislation Calendar City Council Departments —-- --- - A ©Sha aj ti�RSS-I'1bAlsrts-; Details Reports City of Fort Worth-Action Detaks File#: M&C 21-0430 Version:1 Name: Type: Land-Report of CM Status: Pa Mayor Parker opened the public eanng. Fie created: 7/29/2021 In control: -rI On agenda: 8/3/2021 Final action: a/ 1. Report of City Staff (Future CD 7)Conduct Public Hearing,Authorize Execution of Munic Title: Annexation of Approximately 197.754 Acres of Land in Denton Coun Ms. Mary Elliott, Development Services Departs to Market 156-Blue Mound Road,in the Far North Planning Sector, and provided a staff report. Coundl Action:Close Public Hearing and Act on M&C) Attachments: 1.M&C 21-0430.2.Exhibit A-Map AX-21-002.o_ff 3.IQpdate-MSP 2. Public Comments History(1) Text 1 record Group Export Ms. Jackee Cox, 6212 Reddenson Drive,appeared Date Ver. Action By Action call in opposition to M&amp;C 21-0430. ---------------------------------------------- -............�__...- - ................................................ .....__..._...._ -.__... 8/3/2021 1 CrrY COUNCIL Approved Mr. Edward Eckart, 2405 Mus ang Drive, Grap Council in support of M&amp;C 21-0430. 3. Council Action Action: Approved Action text: Council Member Firestone made a motion seconded by Council P be closed,M&C 21-0430 be approved and Ordinance No.24979-1 Council Member Moon absent. Votes(0:0) 0 records Person Name � No records to display. https://fortworthgov.legistar.com/LegislationDetaii.aspx?ID=5072924&GUID=51 BE6FF6-DA36-4396-BF1 7-499B6CD354F I 1/1