HomeMy WebLinkAboutContract 57042 CSC No.57042
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS
AND AUTOZONE PARTS,INC.
This Municipal Services Agreement ("Agreement") is entered into on 25tn day of
January 2022 by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas,("City")and AutoZone Parts, Inc. ("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 Tarrant County,
Texas, which consists of approximately 0.8642 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 foil-purpose annexation
of the Property, identified as Annexation Case No. AX-21-00012 ("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
boundaries, including water and wastewater services and excluding gas or electrical service.
OFFICIAL RECORD
CITY SECRETARY
Owner-Initiated Annexation Service Agreement
FT. WORTH, TX
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 comparable with the provision of services available in other parts of
the municipality with topography, land use and population density similar to
the level of service contemplated or projected in the area.
ii. Police --- The City's Police Department will provide protection and Iaw
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 Development Services 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 Uti!Lq 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 to use the same. If a property owner desires to connect an existing
Owner-dhitiated Annexation Service Agreement 2 of 8
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
Owner-Initiated Annexation Service Agreement 3 of 8
interpreted 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. 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.
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 8
CITY OF FORT WORTH AUTOZONE PARTS,INC.
BY: B
Name: Dana Burghdoff Name: Tltno Vy J. G ddard
Title:__.Assistant_City Manager Title: Vice President
Approved as to Form and Legality: By: '
Name: Jo h Es ino
Title: Vice president
Name: Melinda Ramos
Senior Assistant City Attorney
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Ordinance No.25304-01-2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Owner-Initiated Annexation Service Agreement 5 of 8
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the end day of March 1 20 22,
by Dana Burghdoff , Assistant City Manager of the City of Fort Worth, a Texas
municipal corporation, on behalf of said corporation.
By: Maria Sanchez
Mzrz 2022 14:4777)
Notary Public, State of Texas
MARIA S SANCHEZ
Na[ary ID#2256490
pKemeer
M 1D--. 9,
STATE OF TENNESSEE )
COUNTY OF SHELBY )
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Before e t 1'�= of the state and county mentioned, personally appeared
Timoti and oseph Espinosa , with whom I am personally
acquainted (or proved to me on the basis of satisfactory evidence), and who, upon oath,
acknowledged such person to be president(or other officer authorized to execute the instrument)
of AutoZone Parts, Inc, the within named bar ,ainor, a Nevada corporation, and that such
president or officer as such Vice President and Vice President , executed
the foregoing instrument for the purpose therein contained, by personally signing the name of the
corporation as Vice President and Vice president
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Witness my hand and seal, at office, this day of �J , 2021.
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E Notary Public
Title of officer
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My Commission Expires:
J Commission Expires
SyEI_BY GO November 27, 2021
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
Owner-initiated Annexation Service Agreement
CITY SECRETARY
FT. WORTH, TX
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Owner-Initiated Annexation Service Agreement 7 of 8
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 01/25/22 M&C FILE NUMBER: M&C 22-0057
LOG NAME: 06AX-21-012AUTOZONE 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 0.8642 Acres of Land in Tarrant County, Known as AutoZone Avondale, Located North of Willow
Creek Drive and Along the Northern Edge of Avondale Haslet Road, in the Far North Planning Sector, AX-21-012
(PUBLIC HEARING-a. Report of City Staff: Jennifer Roberts; 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 0.8642 acres of land in Tarrant County, known as
AutoZone Avondale, located north of Willow Creek Drive and along the northern edge of Avondale Haslet Road, in the Far North Planning
Sector, AX-21-012, as shown on Exhibit A;
2. Authorize execution of Municipal Services Agreement between the City and property owners, AutoZone Parts Inc.; and
3. Adopt ordinance annexing AX-21-012 for full purposes.
DISCUSSION:
On October 22, 2021, representatives for the property owners AutoZone Parts Inc., 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 Tarrant County. The site is
located west of Willow Creek Drive, and along the northern edge of Avondale Haslet Road. The owner-initiated annexation, which is
approximately 0.8642 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 commercial type development is consistent with the future land use
map of the 2021 Comprehensive Plan.
On December 8, 2021, the related zoning case(ZC-21-215)was heard by the Zoning Commission, and the commission voted to recommend
approval of the requested zoning to City Council. The requested zoning is"E" Neighborhood Commercial with Conditional Use Permit for auto
parts sales.
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 site proposed for annexation is located fully within the City of Fort Worth's Certificate of Convenience and Necessity(CCN)which grants the
City exclusive rights to provide retail water and/or sewer utility service. The site will be included in the 20-Year Planned Service area which will be
part of the 2022 Comprehensive Plan update. The 2022 Comprehensive Plan update is scheduled for City Council action in March 8, 2022.
The proposed uses were considered while assessing the financial impact to the General Fund. A fiscal impact analysis was prepared by Planning
&Data Analytics with the assistance of other City Departments. 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-21-012.
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-21-012 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
Expedited