Loading...
HomeMy WebLinkAboutContract 56680 <1 �- . CITY SECRETARY 6� v�N0 Nop, J�Eb &�y MUNICIPAL SERVICES AGREEMENT clNs�cYry BETWEEN THE CITY OF FORT WORTH, TEXAS AND AIL WEST 2, LLC This Municipal Services Agreement ("Agreement") is entered into on day of vK t1�I1Z�' }'l by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas,("City")and AIL West 2, LLC("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 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 County County, Texas, which consists of approximately 65.305 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 Case No. AX-21-005 ("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 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 for the delivery of full, 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--- - __ Owner-Initiated Annexation Service Agreement I:of$,.-- 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. Emergency 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 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 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 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 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 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 Existing 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 8 to use the same. Water and Wastewater services will be provided upon the inclusion of the area in the Certificate of Convenience and Necessity(CCN)for the City. 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 sewer mains,the water and sanitary sewage service will be provided by the City at rates established by City ordinances for such service. x. Solid Waste Services—The City will provide solid waste collection services in accordance with existing City ordinances and policies, except where prohibited by law. xi. Code Compliance — The City's Code Department will provide education, enforcement, and abatement relating to code violations within the Property. xii. Full Municipal Services — Commencing on the Effective Date, the City will provide to the Property all services provided by the City within its full-purpose boundaries and not otherwise listed above, except as 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 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, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, 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. 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 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 Owner-Initiated Annexation Service Agreement 3 of 8 according to the laws of the State of Texas. The parties acknowledge that they are of equal bargaining power and that each of them was represented by legal counsel in the negotiation and drafting of this Agreement. 8. GOVERNING LAW AND VENUE. Venue shall be in the state courts located in 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 party's right to insist upon appropriate performance or to assert any such right on any future occasion. 10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 11. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 12. CAPTIONS. The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH THE LAND. This Agreement is binding on and inures to the benefit of the parties,their successors, and assigns. The term of this Agreement constitutes covenants running with the land comprising the Property, is binding on the Owner and the City, and is enforceable by any current or future owner of any portion of the Property. 14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes all prior oral and written agreements between said parties. This Agreement shall not be amended unless executed in writing by both patties. Executed as of the day and year first above written to be effective on the effective date of annexation of the Property. 4 of 8 Owner Initiated Annexation Service Agreement CITY OF FORT WORTH AIL WEST 2, LLC, a Texas limited liability company By: �' By: Name: : eu Name: L. 0C, Title: Assistant City Manager Title: ��eG�l'�l�L. V�L.pC3 et�� Approved as to Form and Legality: 11y) �m Name: iMCLu-du- amo 5 Senior Assistant City Attorney Attest: Yi M ayy Ka)[SPr KuncLla P. C�d'r.z d-eS Acbq City Secretary Approvals: M&C: 41- 0834 Nov. off,aoa.l Ordinance No. owner-Initiated Annexation Service Agreement 5 of 8 State of Texas § County of Tarrant § This XJ(VAdPV trument wcknowledged before me on the Jam- day ofkb de/4l ,20'2( by ,�a/L� ,Assistant City Manager of the City of Fort Worth, a Texas municip corporation, on b half of said corporation. By: Z'VA-W� Notary Public, State of Texas EVONIA DANIELS ^Notary Public.State of Texas Comm.Expires 07-13-2025 %', of +�` Notary ID 126950030 State of Texas § County of 7:CA C § 1` his instrument was acknowledged before me on the day of JIV-`` , 2021, by, L. �t.55 `� �'(�,�', P[`r;r��lli e 0 ,p• of AIL WEST 2, LL , a Texas limited liabilitycompany behalf of said company. By: Notary Public, State of Texas LORI BOWLING 2:• ;Notary Public,State of Texas . +P Comm. Expires 10.17-2023 Notary ID 124717681 After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 U/rlII lr3ls( )Gi�U RET i�I �.�r�U��'(>'�1,TX Owner-Initiated Annexation Service Agreement [- — EXHIBIT A •!- at75'to "Integral parts of this document" FM 166 City of Fort Worth 1.Description 2 Pages Inst." 2005-73598 2.Exhibit R.P.R.D.C.T. 3 PD 944 i- 156 tc ' fia'1ss'. / r V 0 1000t GRAPHIC SCALD I-1' % �r / AIL investment,LP a Inst,° 2 9, 15666 1 AIL West 2, LLC AIL West,LLC /v Inst., 2019-113267 inst.• 20W-15667 /N R.P.R.D.C.T, City of Fort Worth R.P.k.D-C.T. /a lnsi.• 2 00 3-17 016 3 / 65,305 Acres R.P.R.D.C.T. PO 944 /t1 /y] "UNZONED"TO"K" /hh i ZONED "K„ / / Lot IRI,Block I / Westport Add. Atst.•02 1909 4 920 1 C.R.r.C.T, 1 �,OVt FUON 5LIKVEY t AOtif.N0.972 AIL West 2.LLC Inst.• 2019-1132.67 R.P.R-D.C.T. ZONED o All, Investment,LP „AO„ " (Rernoinder) ' Vol,4246,Pg.498 ZONED 0 0 0 n v, "This doaurr A(wos prepared under 22 TAC 663:21, �, does not re Nett the(#sots of on an the Y*-WJ c survey,and is not to be used to convey or estobtish a interests in reolproperty except those rights and interests imp6ed or estoblished by the creation or reconti9uration of the boundary of the political subdivision tar which it tyros prepoeed" AN-EXHIBIT FOR !f t tt i ji Annexation tit�l P E LOTO N SITUATED IN THE GREEN8ERRY OVERTON SURVEY,ABSTRACT NUMBER 972, ILAND s o L V T 1 o N s DENTON COUNTY,TEXAS ACF N 7652 saoo:uuHrooDtAftk Arautrrsw ]:a JOB# HWA18048 DRAWNBY: TBR CHECKED BY: TAB DATE: 12-62-19 PAGE#2of2 ffNiT SYaWTIf.TfW.9 Tbf 77 VtLM Bi7�b7+1 ,:� un'tA a_ginner_racy oeter .v-xrey�•rt ts�"'eAi. b-2htognt.lwt R312020to—of 5z2r,03 r Owner-Initiated Annexation Service Agreement 7 of 8 EXHIBIT A Continued DESCRIPTION FOR ANNEXATION BEING a tract of land situated in the G.Overton Survey,Abstract Number 972,Denton County, Texas,being a portion of that tract of land described by deed to AIL West 2,LLC,recorded in Instrument Number 2019-113267,Real Property Records,Denton County,Texas,and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of said AIL West 2 tract,being the southwest corner of that tract of land described by deed to the City of Fort Worth,recorded in Instrument Number 2005-73598,said Real Property Records,and being in the east line of that tract of land described by deed to AIL Investment,LP,recorded in Instrument Number 2019-15666,and AIL West,LLC,recorded in Instrument Number 2019-15667,both of said Real Property Records, from which the northeast comer of Lot 1R1,Block],Westport Addition,addition to the City of Fort Worth,recorded in Instrument Number D219094920 of County Records,Tarrant County, Texas,bears S 25°55'02"W,4528.14 feet; THENCE N 8905T39"E,871.88 feet,with the north line of said AIL West 2 tract and the south line of said City of Fort Worth tract,to the northeast corner of said AIL West 2 tract and the northwest corner of that tract of land described by deed to the City of Fort Worth,recorded in Instrument Number 2003-170163,said County Records; THENCE S 09053'51'T, 1863.69 feet,departing said common line with the east line of said AIL West 2 tract; THENCE over and across said AIL West 2 tract the following bearings and distances: N 75042'36"W,686.80 feet,departing said east line; S 10007'09"E, 1072.99 feet; S 24032'14"W, 1583.71 feet,to the west line of said AIL West 2 tract and being in the east line of that remainder tract of land described by deed to AIL Investment,LP, recorded in Volume 4246,Page 498,said Real Property Records; THENCE N 00050'40"W,1452.47 feet,with said common line; THENCE N 00045'46"W,2711.25 feet to the Point of Beginning and containing 2,844,675 square feet or 65.305 acres of land more or less, "Integral Parts of this Document" 1, Description 2. Exhibit "This document was prepared under 22 TAC 663.21,does not reflect the results of anon the ground survey,and is not to be used to conveyor establish Interests In real property except those rights and Interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." Peloton Job No,HWAI8046 Tracking No.ACF#7653 Ft,Worth March 09,2020 G:VOA\HWA18046._Fenner Tract\Master Devk.Survey\Exhibits\Legals\l-lWA18046_cxl9.docx Page I of Owner-Initiated Annexation Service Agreement 8 of 8 City of Fort Worth, Texas Mayor and Council Communication DATE: 11/09/21 M&C FILE NUMBER: M&C 21-0834 LOG NAME: 06AX-21-005 FENNER PROPERTY—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 65.305 Acres of Land in Denton County, Known as the Fenner Property, Located North of Intermodal Parkway and West of Interstate 35W, in the Far North Planning Sector,AX-21-005 (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 65.305 acres of land in Denton County located north of Intermodal Parkway and west of Interstate 35W,as shown on Exhibit A;and 2. Authorize execution of Municipal Services Agreement between the City and property owners,AIL West 2, LLC&AIL West Investment, L.P.; and 3. Adopt ordinance annexing AX-21-005 for full purposes. DISCUSSION: On May 6, 2021, representatives for the property owners AIL West 2, LLC&AIL West Investment, L.P., 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 in the City's extraterritorial jurisdiction in Denton County. The site is located north of Intermodal Parkway and west of Interstate 35W. The owner-initiated annexation, which is approximately 65.305 acres, is consistent with the enclave annexation criteria as established by the City's Annexation Policy. The subject area is currently agricultural land and the property owner's proposal of industrial type development is consistent with the future land use map of the 2021 Comprehensive Plan. On August 3, 2021, the related zoning case (ZC-21-048)was heard by the Zoning Commission, and the commission voted to recommend approval of the requested zoning to City Council. The requested zoning is"K"Heavy Industrial. 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-21-005. 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 annexing AX-21-005 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.