HomeMy WebLinkAboutContract 57383 CSC No. 57383
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS
AND QUAIL VALLEY DEVCO III, LLC
This Municipal Services Agreement ("Agreement") is entered into on 291h day of
March D 2022 by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas,("City")and Quail Valley Devco III, 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 Parker County, Texas,
which consists of approximately 60.07 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-21-004("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
OFFICIAL RECORD
CITY SECRETARY
Owner-Initiated Annexation Service Agreement FT.WORTH, TX
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
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E 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 storrnwater management services.
t viii. Roads and Streets (including Street li htg ing) - 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. Water and Wastewater services will be provided upon the
inclusion of the area in the Certificate of Convenience and Necessity (CCN)for
Owner-Initiated Annexation Service Agreement 2 of 9
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
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or similar services.
t
€ 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
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
Owner-Initiated Annexation Service Agreement 3 of 9
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.
i
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.
i
is
Owner-Initiated Annexation Service Agreement 4 of 9
CITY OF FORT WORTH QUAIL VALLEY DEVCO III, LLC
a Texas limited liability company
By: RPG QVR, LLC
a Texas limited liability company
By:Dan a Burghd&f(Apr10,20 1:13 CDT By
:
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Name: :_ Name:_Seth Carpenter
Title: Assistant City Manager Title: Vice President
Approved as to Form and Legality:
Melinda Ramos
Name:
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Senior Assistant City Attorney
Attest: oo���n��
p Oo
Tannefte S.Gaadall All.o
Jan nette S.Good a l I(Apr 11,202216:51 CDT) =0 O�r
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City Secretary v o Z d
a °O000000 0
Approvals: azt�EXP"k�'
M&C: 22-0191
Ordinance No.25425-03-2022
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Owner-Initiated Annexation Service Agreement 5 of 9
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the iith day of April , 20 225
by Dana Burghdoff , Assistant City Manager of the City of Fort Worth, a Texas
municipal corporation, on behalf of said corporation.
M�ia<C<�a�rcGr�a
By: Maras Sa he(Apr11,20221—CDT)
Notary Public, State of Texas
—A S SRMCH
aery io xns
MrttwF 9,20
State of Texas §
County of tl §
This instrument was acknowledged before me on the day of �� -, 20
by Seth Carpenter, Vice President on behalf of RPG QVR, LLC, a Texas limited liability company
of Quail Valley Devco III, LLC, A Texas limited liability company.
By: r.
Notary Pub , State of Texas
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Ehworth
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After Recording Return to:
! City Secretary
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City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Owner-Initiated Annexation Service Agreement 6 of 9
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Owner-Initiated Annexation Service Agreement 7 of 9
EXHIBIT A
Continued
BEING a 60.07-acre tract of land, situated in Parker County, Texas, being in the I & G.N. R.R.
Survey, Abstract No. 2004, and being a portion a called 7,125.3 acre tract of land conveyed to Walsh
Ranches Limited Partnership as recorded in Volume1699, Page 1765, Deed Records of Parker County,
Texas, (D.R.P.C.T.) and as recorded in Volume 12624, Page 92, Deed Records of Tarrant County,
Texas, (D.R.T.C.T.) and being more particularly described as follows:
BEGINNING at a point on the northeasterly right-of-way line of Walsh Ranch Parkway as shown the
Final Plat of Lots I thru 1 OX, Block 1 and Walsh Ranch Parkway Right-of-Way, Walsh Ranch,
recorded under Cabinet D, Page 637, of the Plat Records of Parker County, Texas (P.R.P.C.T.), from
which a 1/2 inch iron rod found bears North 88 degrees 28 minutes 25 seconds East, a distance of 0.76
feet, and from which a large stone found at the southwest corner of the J. Kelsey Survey, Abstract No.
782, Parker County, Texas, bears North 00 degrees 31 minutes 47 seconds West, a distance of 130.76
feet;
THENCE,North 87 degrees 20 minutes 14 seconds East, departing said northeasterly right-of-way
line of Walsh Ranch Parkway, over and across said Walsh Ranches Limited Partnership tract, passing
at a distance of 0.76 feet a found 1/2 inch iron rod and continuing a total distance of 3,532.66 feet to a
1 inch iron rod found in a large stone at a northeast corner of said I & G.N. R.R. Survey, Abstract No.
2004, said point being on the south line of said J. Kelsey Survey, Abstract No. 782;;
THENCE, South 00 degrees 42 minutes 57 seconds East, along an east line of said Walsh Ranches
Limited Partnership tract a distance of 820.29 feet to a point for corner, from which a wood fence post
found for an ell corner of said Walsh Ranches Limited Partnership tract bears South 00 degrees 42
j minutes 57 seconds, a distance of 431.51 feet;
THENCE, departing said east line of said Walsh Ranches Limited Partnership tract, over and across
said Walsh Ranches Limited Partnership tract, the following calls and distances:
North 80 degrees 07 minutes 26 seconds West, a distance of 408.11 feet to a point for corner;
i
North 87 degrees 46 minutes 59 seconds West, a distance of 287.72 feet to a point for corner;
i
South 78 degrees 05 minutes 27 seconds West, a distance of 339.61 feet to a point for corner;
North 85 degrees 10 minutes 06 seconds West, a distance of 262.54 feet to a point for corner;
South 52 degrees 49 minutes 00 seconds West, a distance of 394.75 feet to a point for corner;
South 68 degrees 27 minutes 40 seconds West, a distance of 339.90 feet to a point for corner;
North 68 degrees 43 minutes 25 seconds West, a distance of 333.55 feet to a point for corner;
North 70 degrees 48 minutes 10 seconds West, a distance of 109.21 feet to a point for corner;
North 50 degrees 10 minutes 17 seconds West, a distance of 168.61 feet to a point for corner;
Owner-Initiated Annexation Service Agreement 8 of 9
North 23 degrees 27 minutes 13 seconds West, a distance of 106.57 feet to a point for corner;
North 73 degrees 03 minutes 48 seconds West, a distance of 217.04 feet to a point for corner;
South 82 degrees 26 minutes 36 seconds West, a distance of 388.23 feet to a point on the
northeasterly right-of-way of said Walsh Ranch Parkway,from which a found 5/8 inch iron rod
with plastic cap stamped "DUNAWAY ASSOC. LP" bears South 28 degrees 20 minutes 50 seconds
East, a distance of 506.27 feet;
THENCE, along the northeasterly right-of-way of said Walsh Ranch Parkway the following calls and
distances:
North 28 degrees 20 minutes 50 seconds West, a distance of 197.65 feet to a found 5/8 inch iron
rod with plastic cap stamped "DUNAWAY ASSOC. LP";
North 73 degrees 20 minutes 50 seconds West, a distance of 36.77 feet to a found 5/8 inch iron
rod with plastic cap stamped "DUNAWAY ASSOC. LP";
South 63 degrees 51 minutes 06 seconds West, a distance of 115.60 feet to a found 5/8 inch iron
rod with plastic cap stamped "DUNAWAY ASSOC. LP";
North 26 degrees 08 minutes 50 seconds West, a distance of 331.46 feet to a found 5/8 inch iron
rod with plastic cap stamped "DUNAWAY ASSOC. LP" and the beginning of a tangent curve to the
right having a central angle of 06 degrees 58 minutes 24 seconds, a radius of 1018.00 feet and
subtended by a 123.82 foot chord which bears North 22 degrees 39 minutes 42 seconds West;
i
E Along said curve to the right an arc distance of 123.90 feet to a found 5/8 inch iron rod with plastic
cap stamped "DUNAWAY ASSOC. LP";
I North 70 degrees 49 minutes 30 seconds East, a distance of 0.50 feet to the beginning of a non-
tangent curve to the right having a central angle of 03 degrees 53 minutes 15 seconds, a radius of
1017.36 feet and subtended by a 69.02 foot chord which bears North 17 degrees 14 minutes 13
seconds West;
Along said curve to the right an arc distance of 69.03 feet to the POINT OF BEGINNING and
CONTAINING 60.07 acres of land, more or less.
NOTES:
1. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (4202), North
American Datum 1983 (2011).All distances are surface distances.
2. An exhibit map of even date accompanies this legal description.
This document was prepared under 22 TAC§663.21, does not reflect the results of an on the ground survey,
and is not to be used to convey or 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.
Owner-Initiated Annexation Service Agreement 9 of 9
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/29/22 M&C FILE NUMBER: M&C 22-0191
LOG NAME: 06AX-21-004 WALSH RANCH 3E—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 60.07 Acres of Land in Parker County Known as Walsh Ranch 3E, Located within the Walsh Ranch
Limited Purpose Annexation, South of Old Weatherford Road, North of Interstate Highway 30 and East of Walsh Ranch Parkway, in the Far West
Planning Sector, AX-21-004
(PUBLIC HEARING-a. Report of City Staff: Stuart Campbell; 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 60.07 acres of land in Parker County located within the
Walsh Ranch Limited Purpose Annexation, south of Old Weatherford Road, as shown on Exhibit A;
2. Authorize execution of Municipal Services Agreement between the City and property owners, Quail Valley Devco III, LLC.; and
3. Adopt ordinance annexing AX-21-004 for full purposes.
DISCUSSION:
On April 12, 2021, representatives for the property owners, Quail Valley Devco III, LLC, 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 in that portion of the City's extraterritorial jurisdiction
which is in Parker County. The site is located within the Walsh Ranch Limited Purpose Annexation(AX-03-0010), north of Interstate Highway 30
and south of Old Weatherford Road. The owner-initiated annexation,which is approximately 60.07 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 residential type development is consistent with the future land use map of the 2022 Comprehensive Plan.
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/LDR"for single family uses in"A-43"thru"R-2"as
listed in exhibit A, with a maximum of 14,785 dwelling units is permitted in districts 1, 4, 11 & 12 in accordance with Ordinance No.13896. AX-21-
004 is also related to Preliminary Plat case PP-21-017(filed on March 25, 2021 and approved by City Plan Commission on September 21, 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(City Secretary Contract No. 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 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 is also within the 20-Year Planned Service area as identified in the
2022 Comprehensive Plan.
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-21-004.
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-
21-004 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 W. Dana Burghdoff 8018
Originating Business Unit Head: D.J. Harrell 8032
Additional Information Contact: Leo Valencia 2497