HomeMy WebLinkAboutContract 57551 CSC No. 57551
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS
AND JAMES F. WIGGINS GST EXEMPT FAMILY TRUST,ET AL
This Municipal Services Agreement ('Agreement") is entered into on loth day of
May ,2022 by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas, ("City") and James F. Wiggins GST Exempt Family Trust,
et al("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,
Texas, which consists of approximately 77.9231 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 CaseNo. AX-21-016 ('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
Owner-Initiated Annexation Service Agreement CITY SECRETARY 1 ofs
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 law
enforcement services.
iii. Emerp-encv 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 Publiclv 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 Existin 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 structure to
the City water and sewer system,then the owner may request a connection and
Owner-initiated Annexation Service Agreement 2 of 8
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.
G. 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 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
and drafting of this Agreement.
Owner-Initiated Annexation Service Agreement 3 of 8
S. 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.
I I.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 fixture 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
naruv 8WA
By:Dana Burgh doff( y 14,2Cr2f_07:26CDT)
Name: Dana Bur hg doff
Title: Assistant City Manager
Approved as to Form and Legality:
AJJ: w
Name; Melinda Ramos
Senior Assistant City Attorney
Attest: ��FoFoRr*aa�
Jan nette S.Good a[[(Jun 23,202211:22 CDT) ��o° °0'00,
City Secretary 0V0 g=�
d
0000000
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M&C ApproV2als:2-0336 ���a��EXAsgp�
Ordinance No.25512-05-2022
The Owner:
Jamj;es::in,, soF. Wigg y i �isacity as Trustee of the James F. Wiggins GST Exempt Family Trust
James F. Wiggins, startin
leiapactty as Investment Manager on behalf of Edith Wiggins Martin, Trustee
of the Edith Wiggin Exempt Family Trust
James F. Wiggins,solely n hA ca a ' A Investment Manager on behalf of Shea Wiggins Williford,Trustee
of the Shea Wiggins G empt Family Trust
James F.Wiggins,s e in his as Investment Manager on behalf of Courtney Wiggins Jones,Trustee
of the Courtney Wi ns GST Exempt Family Trust
r7 �� ,,,"0000
James F. Wiggins, soei>Xin his 4a&ty as Investment Manager on behalf of Brynn Wiggins Denard,
Trustee of the Brynn iggins GST Exempt Family Trust
OFFICIAL RECORD
CITY SECRETARY
Owner-Initiated Annexation Service Agreement FT. WORTH, TX
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the day of , 20_,
by Dana Bur hdoff, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
Maria SanCk7OZ
By: Maria Sanchez(Jun 22,2022 16:48 CDT)
Notary Public, State of Texas
t y MARIA 5 S 22164
4 Nit— ..E.P90
My C fission Ezpir¢s
D—m ber 19.2D_�
State of Texas §
County of §
This frfstrument was acknowledged before me on the =Js?F!.
n , 2
by James F. Wiggins,Trustee 1 Investment Manager on behalf o saifWjtaa;1nu GST
Exempt Family Trust, et al
ary Public, Stat�of exas "`r"+y. JORGE R.CANTU
' f s %Notary Public.State of Texas
Comm.Expires 04-11-2025
f'1°;,0�r Notary I❑ 6629366
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Owner-Initiated Annexation Service Agreement O of R
EXHIBIT A
MOUNT OI-VET
ALLIANCE CENTER EAST NO.1•LTD. CEMETERY ASSOCIATION
{IN5T.NO.D221174977j CITY OF FORT W RTH (VOL.7789,PG.1974)
(VOL-7769.PG.2050)
SO°28'54"E 2500' NO°28'54"W 1432,10'
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TO WESTPORT PARKWAY ,r� IRF CITY OF FORT WORTH � 5r
P.Q.B. ETJ
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LEGEND cc COUNTY ROAD NO. 4048
P.O.B.=POI NTOFBEGiNNING OLD DENTON ROAD
1RFC=IRON ROD WICAP FOUND u] (A 40,rCOT WIDE RIGHT-OF-WAY)
a
CINNAMON CREEK RANCH LLC QC�
(INST.NO.11210199621) Y
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iv 3,394,329 SQ.FT.
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JAM ES R WIG GINS GST EXEMPT 00
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CITY OF FORT
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NOTES
This document was prepared under 22
Texas Administrative Cade §138.95,
does not reflect the results of an on the N88°59TO911W
ground survey,and is not to be used to 183 29'
Convey or establish interests in real CITY OF FORT WORTH
property except those rights and BLOCK 13 ETJ 50°15'54"E
interests implied or established by the LOST CREEK RANCH NORTH 1194.42'
creation or reconfiguration of the (CAB.A,SL,6979)
boundary of the political subdivision for
which it was prepared. BEACH STREET 5ra'IRF
(A W-FOOT WIDE RIGHT-OF-WAYI DIINNAWAI"
ANNEXATION EXHIBIT
77.9231 ACRE TRACT
.TAMES MATTHEWS SURVEY,
MICHAEL C.BILLINGSLEY ABSTRACT NO. 1021
REGISTERED PROFESSIONAL *.,.•,,., ............ TARRANT COUNTY,TEXAS
LAND SURVEYOR NO.6558 MICHAEL CLE081LLINGSLEY
801 CHERRY STREET,UNIT 11
SUITE 13{10 A.•.655$..•�..:' Kimley))Horn
SLf ,�
FORT WORTH,TEXAS 76102 {94, �FE55�a� o 9DICneirySbNL.un1111.N13M Tel.N..pen133S-651i
PH.817.335-6511 D S U R� F°nrv°rlhj,,%lemz FIRM M ID191040 y� y w>•w.�IroYydhm.+.v°m
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VILLINGSLEY,MICHAEL I0114tiGZ1 3;56 PM ley-M SURVEr!3652*110 CENNAMDry GREEK STREAMIDWGD&92131 I p-CWRAMON CREEK STREAM ANNEX,ZCN•HG.OWG
Owner-Initiated Annexation Scrvice Agreement 7 of 8
EXHIBIT A
Continued
LEGAL DESCRIPTION
ANNEXATION EXHIBIT
BEING a 77.9231 acres(3,394,329 square foot)tract of land situated in the James Matthews Survey, Abstract No.
1021, Tarrant County, Texas; said point being all of that tract of land described in Genera! Warranty Deeds to
James F,Wiggins GST Exempt Family Trust, et al recorded in Instrument Nos, D215003607 through D215003621,
all of the Official Public Records of Tarrant County,Texas;said tract being more particularly described as follows:
BEGINNING at a 112-inch iron rod found for corner in the east right-of-way line of County Road No. 4048 (Old
Denton Road)(a 40-foot wide right-of-way);from said point the intersection of the said east line of County Road No.
4048 and the north right-of-way line of Westport Parkway bears South 00°28'54"East,a distance of 2,500}feet;
THENCE North 00°28'54"West,along the said east line of County Road No.4048,a distance of 1.432.10 feet to a
112-inch iron rod with"CLEARFORK RPLS 5649'cap found for corner;
THENCE South 87°36'39"East,departing the said east line of County Road No.4048,a distance of 2,626.77 feet to
a point for comer I the west right-of-way line of Beach Street(a 60-foot wide right-of-way);
THENCE South 00'15'54" East, along the said west line of Beach Street, to and along the west line of Block 13,
Lost Creek Ranch North,an addition to the City of Fort Worth according to the plat recorded in Cabinet A, Slide
6979 of the Plat Records of Tarrant County,Texas,a distance of 1,194A2 feet to a point for corner;
THENCE North 88°59'09"West,a distance of 183,29 feet to a point for corner;
THENCE South 89'19'21"West,a distance of 1.396.62 feet to a paint for corner;
THENCE South 66'05'06"West,a distance of 250.76 feet to a point for corner;
THENCE South 89"03'51"West,a distance of 809.06 feet to the POINT OF BEGINNING and containing 3,394,329
square feet or 77.9231 acres of land,more or less.
NOTES
this document was prepared under 22 Texas Administrative Code§138,95,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.
ANNEXATION EXHIBIT
77,9231 ACRE TRACT
/elly'G �P�E•°T rE� JAMES MATTHEWS SURVEY,
MICHAEL C.BILLINGSLEY �' '�' ABSTRACT NO. 1021
REGISTERED PROFESSIONAL *'........ ..,,,.,.` TARRANT COUNTY,TEXAS
LAND SURVEYOR NO.6558 MICHAEL CLEQ 8ILLINGSLEY
SU CHERRY STREET,UNIT 11 Kimley*Horn
SUITE 1300 ' 'O 8558 "k-
P:
FORT WORTH,TEXAS 76102 �9 y�e E 5.S 0C{ 8(I1 sheet UN1[11.a 13GO Tel.Na.{e11)33s as11
P H.817-335.6511 0 .S R V E F!11Y 1h.Texae 76102 RR a 1n}9wi0
michael.billingsley@kimley-hom.com $tlle draw`b pf' =Cqitgi No.
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WA M($ KHA 10 VN21 o6E213110 1 OFz
91LLINMS Fr,MICHAEL 1011�7Tp71 1:64 PM K:1FYW_5l1RVFV�g56Z1;11i).CINNAMCN CRFFK$TRERARDWG1089213110.CIryN111ylpry CREEK STREAM ANNEX a ZONINo.DWG
Owner-Initiated Annexation Service Agreement 8 of 8
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 05/10/22 M&C FILE NUMBER: M&C 22-0336
LOG NAME: 06AX-21-016 WIGGINS TRACT—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 77.9231 Acres of Land in Tarrant County, Identified as the Wiggins Tract, Located Generally
East of Old Denton Road and North of Westport Parkway in the Far North Planning Sector, AX-21-016
(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 77.9231 acres of land in Tarrant County, known as The
Wiggins Tract, located generally east of Old Denton and north of Westport Parkway in the Far North Planning Sector, AX-21-016, as shown
on Exhibit A;
2. Authorize execution of Municipal Services Agreement between the City and property owners, James F. Wiggins GST Exempt Family Trust,
ET AL; and
3. Adopt ordinance annexing AX-21-016 for full purposes.
DISCUSSION:
October 20, 2021, representatives for the property owners James F. Wiggins GST Exempt Family Trust, ET AL, 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 generally east of Old Denton and north of Westport Parkway. The owner-initiated annexation,
which is approximately 77.9231 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 industrial type development is consistent with the future land use
map of the 2021 Comprehensive Plan.
On February 9, 2022, the related zoning case (ZC-21-233)was heard by the Zoning Commission, and the commission voted to recommend
approval of the requested zoning to City Council. The requested zoning is"I" Light 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 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 in the 20-Year Planned Service area as identified in the
2021 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-21-016.
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-21-016 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