HomeMy WebLinkAboutContract 42681CITY SECRETARY
CONTRACT NO. �2O�3t
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOE OR
STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED
FOR RECORD IN THE REAL PROPERTY RECORDS: YOUR SOCIAL NUMBER OR YOUR DRIVER'S
LICENSE NUMBER
DEVELOPMENT AGREEMENT
TEXAS LOCAL GIVERNMENT CODE § §43.035 & 212.172
THIS AGREEMENT is made and effective this W day of �"YI�� 2011 , by
and between the City of Fort Worth, Texas, a home rule municipal corporation of the State of Texas
located within Tarrant, Denton, Wise and Parker Counties, Texas (hereinafter referred to as "City ") and
Mount. Olivet Cemetery Association, hereinafter called "the Owner ", whether one or more natural
persons or legal entities, and is as follows:
WHEREAS, the Owner's property within Exhibit A, hereinafter called "the Property", in located
within the extraterritorial jurisdiction of the City and is subject to municipal annexation; and
WHEREAS, a portion of the Property is appraised for ad valorem tax purposes as land for
agriculture or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as
timber land under Subchapter E of their chapter;
WHEREAS, the Texas Local Government Code § 43.035 provides that the City may not annex
property appraised for such purposes unless it first offers to make a development agreement with the
Owner pursuant to such section; and
WHEREAS, the City has notified the Owner of its intent to annex the Property and has offered to
enter into an agreement guaranteeing the continued extraterritorial status of the Property upon the terms
and conditions hereinafter provided; and
WHEREAS, the City desires to enter this Agreement to secure the continued extraterritorial
status of the Property;
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises contained
herein, City and Owner agree as follows:
1. Identification of the Property. The Property is described as the property owned by the
Owner within the boundaries of the area described in Exhibit A attached hereto and incorporated herein
by reference, more particularly described as Tracts 2A, 3A, 3, and 313 1 of the Jonathan Heirs Survey,
Abstract 470; Tract 3E1 of the Rufus King Survey, Abstract 905; and Tract 6 of the James Matthews
Survey, Abstract 1021; which portion is appraised for ad valorem tax purposes as land for agricultural
use.
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2. Continuation of Extraterritorial Status. The Property shall not be annexed and shall
remain the extraterritorial jurisdiction of the City as long as this agreement is effective, the Property is not
subdivided, the Property does not include any additional non - residential uses from those existing as of
August 31, 2011, a portion of the Property continues to be appraised for ad valorem tax purposes as land
for agriculture or wildlife management use under Subchapter C or D, Chapter 23, Texas Tax Code, or as
timber land under Subchapter E of that chapter, and the Owner is not in violation of this agreement. This
provision does not prohibit annexation with the consent of the Owner.
3. Application of Municipal Regulations. All regulations and planning authority of the
City that do not interfere with the use of the land for agriculture, wildlife management or timber use may
be enforced with respect to the Property. Such regulations and planning authority may be enforced as they
now exist of may hereafter be established or amended, and this Agreement shall not be deemed a permit
for the purposes of Texas Local Government Code Chapter 245.
The Owner consents to the applicability of all regulations and planning authority of the
City that do not interfere with the use of the area for agriculture, wildlife management or timber,
including, but not limited to, development regulations, zoning regulations, building, mechanical,
plumbing, residential, energy and fire codes, building permit requirements, minimum building standard
codes, environmental protection and compliance and health codes, prohibitions on septic tanks, the gas
drilling and production ordinance and other City regulations as they currently exist or may be enacted in
the future. Owner agrees that any subdivision plat or related development document for the area filed with
a governmental entity having jurisdiction over the property will be in conformance with the City's most
recently adopted Comprehensive Plan will not be deemed a permit for the purposes of the Texas Local
Government Code Chapter 245.
The Owner consents to the jurisdiction of the Municipal Court, Boards and Commissions
of the City of Fort Worth for the purpose of enforcing City Codes and regulations and prosecuting
criminal violations of City regulations on the Property.
4. Annexation Upon Subdivision or Change of Use. This agreement is void if the Owner
fails to continue to use the Property for agricultural, wildlife management or timber use and/or subdivides
or develops the Property in any manner that would require a plat of the subdivision to be filed with any
governmental entity having jurisdiction over the Property, other than an existing, or subsequently created
or adopted plat, plan, notice, document or amendment, relating in any manner to the dedication,
establishment, operation, qualification, enlargement, improvement, maintenance, or other activities of a
cemetery, or that is presently, or hereafter, permitted or required by the Texas Health and Safety Code,
Chapter 711, et. seq. If the Property ceases to be used for its present qualification as agricultural, wildlife
management or timber purposes, for its ad valorem tax basis, or if the Owner subdivides the Property,
other than as described or permitted in this section, then the City may annex the Property, either in whole
or in part, and such annexation shall be deemed to be with the consent of the Owner. Provided, however
that such annexation shall not affect Owner's rights to use the Property, or any part thereof, for cemetery,
and related, purposes.
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5. Term. This Agreement shall terminate 5 years after the effective date of this Agreement
or upon annexation of the Property in conformance with this agreement and/or Section 43.055 of the
Texas Local Government Code, whichever comes first. Upon termination, the City may annex the
Property, either in whole or in part or for full or limited purposes, and such annexation shall be deemed to
be with the consent of the Owner.
6. Agreement a Covenant Running With the Land. This Agreement shall be recorded in
the Real Property Records of the applicable county and shall be a covenant running with the land binding
upon all parties having any right, title or interest in the Property or any part thereof, including their heirs,
successors and assigns, and shall inure to the benefit of the owners of the Property and to the City. This
agreement may not be revised or amended without the written consent of both parties.
7. Notice of Sale of the Property. Prior to the sale or conveyance of any portion of the
Property, the Owner shall give written notice and a copy of this Agreement to the prospective purchaser
or grantee and shall provide a copy of such disclosure to the City.
8. Form and Delivery of Notice. Any notice required or permitted under this Agreement
shall be in writing and shall be delivered in hand, by facsimile, or by registered or certified US mail.
Notice to the Owner may be addressed to Owner at the address indicated in the most recent applicable
county property tax roll for the Property. If more than one entity is named in this Agreement, service of
any notice on any one of the entities shall be deemed service on all entities. Any notice so given shall be
deemed to have been received when deposited in the United States mail so addressed with postage
prepaid:
CITY:
Fernando Costa, Assistant City Manager
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Facsimile Number: 817- 392 -6134
OWNER:
Jon Stephenson, President
Mount Olivet Cemetery Association
P.O. Box 471457
Fort Worth, Texas 76147 -1376
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9. Enforcement: This Agreement may be enforced by Owner or City by any proceeding at
law or in equity. Failure to do so shall not be deemed a waiver to enforce the Agreement thereafter.
10. Provisions Severable. If any provision contained in this Agreement is held
unconstitutional, invalid or unenforceable, then the remaining provisions shall be deemed severable and
shall remain in full force and effect.
11. Governmental Powers. It is understood that by execution of the Agreement, the City
does not waive or surrender any of its governmental powers.
12. Captions. Captions and headings used in the Agreement are for reference purposes only
and shall not be deemed a part of this Agreement.
13. Modification of Agreement. This Agreement cannot be modified or amended without
the written consent of all the parties hereto and attached and made a part of this Agreement.
14. Governing Law and Venue. Venue shall be in the state courts located in Tarrant
County, Texas of 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 §43.055.
IN WITNESS WHEREOF, the parties have signed and executed this Agreement effective as
of the date first set forth above.
CITY OF FORT WORTH
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Fernando Costa
Assistant City Manager
Approved as to Form and Legality
By: �
Assistant City Attorney
UaNT OLI T CE ETERY ASSOCIATION
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JOY Stephenson, 11resident
C- 25332
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OFFICIAL RLL i ql)
CITY SECRETARY
FT. WORTH, TX
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the �ay f 2011, by
Fernando Costa, Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on
4bDehn f of said cy Public
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the / ` `` day of 2011, by
Jon Stephenson, President of Mount Olivet Cemetery Association.
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Notary Public �<►��• PATRICIA E. ISO °mGLAS
r = NOTARY PUBLIC
sr STATE OF TEXAS
z My Ccsmm. Exp. 02 -22 -2012
IN,
After Recording Return to:
City Secretary
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
OFFICIAL RZC0W
Cl i'Y ! ; CREETARY
TX
EVONIA DANA ELS
COMM!SS'ON EXPIRES
duly 10, 2013
This instrument was acknowledged before me on the / ` `` day of 2011, by
Jon Stephenson, President of Mount Olivet Cemetery Association.
���
Notary Public �<►��• PATRICIA E. ISO °mGLAS
r = NOTARY PUBLIC
sr STATE OF TEXAS
z My Ccsmm. Exp. 02 -22 -2012
IN,
After Recording Return to:
City Secretary
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
OFFICIAL RZC0W
Cl i'Y ! ; CREETARY
TX
After Recording Return to:
City Secretary
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
M &C Review
CITY COUNCIL AGENDA
DATE:
CODE:
COUNCIL ACTION: Approved on 12/6/2011
Pagel of 2
Official site of the City of Fort Worth, Texas
FORTWoR7H
12/6/2011 REFERENCE C -25332 LOG NAME: 065030 DEVELOPMENT
NO.: AGREEMENTS 12 -11
C TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of Development Agreements in Lieu of Annexation with Multiple
Property Owners for Certain Property Located Generally East of Heritage Parkway and
North of Westport Parkway (COUNCIL DISTRICT 2)
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RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Development Agreement
between the City and multiple property owners for the application of development standards in lieu of
annexation for property located generally east of Heritage Parkway and north of Westport Parkway in
unincorporated Denton and Tarrant County.
DISCUSSION:
State law requires a municipality to offer development agreements in lieu of annexation to property
owners who maintain a current agricultural tax exemption on property considered for annexation. If a
development agreement is signed, the property will retain its extraterritorial jurisdiction status until it
loses its agricultural exemption or the development agreement expires, whichever comes first.
The five -year annexation program identifies Area 3 -1 for annexation consideration this year where
property owners have opted for development agreements in lieu of annexation. Approximately 491
acres of land in Area 3 -1 qualify for the development agreement in lieu of annexation, as shown on
Exhibit A. The owners of these properties have signed their respective agreements.
The development agreements will provide for the enforcement of development regulations including:
zoning and subdivision ordinances in accordance with the Comprehensive Plan, municipal building,
mechanical, plumbing, residential, energy and fire codes, building permit requirements, minimum
building standard codes, environmental protection /compliance and health codes, prohibitions on
septic tanks, gas drilling and production ordinance, and other City regulations as they currently exist
or may be enacted in the future. Additionally, the owners consent to the jurisdiction of the City's
Municipal Court, boards and commissions to enforce City codes and regulations, as well as
prosecuting criminal violations of City regulations. The development agreements cause the properties
to be generally in compliance with development standards within the City limits.
All properties are in the extraterritorial jurisdiction adjacent to COUNCIL DISTRICT 2.
FISCAL -IN FORMATION /CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund /Account/Centers
Submitted for City Manager's Office by
FROM Fund /Account/Centers
Fernando Costa (6122)
http: // apps. cfwnet. org /council _packet /mc_review.asp ?ID =16171 &councildate= 12/6/2011 12/16/2011
M &C Review
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Exhibit A - Area 3 -1 devel agreements .pd
Randle Harwood (6101)
Beth Knight (8190)
Page 2 of 2
http: // apps. cfwnet. org /council _packet /mc_review.asp ?ID =16171 &councildate = 12/6/2011 12/16/2011