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HomeMy WebLinkAboutContract 58339 CSC No. 58339 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH,TEXAS AND WI'XS, LLC This Municipal Services Agreement ('Agreement") is entered into on iith day of October , 2022 by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas, ("City") and WTXS, LLC, a Delaware limited liability company, on behalf of itself in its capacity as owner and on behalf of all other owners in its coacity as manager, operator or agent, as applicable ("Owner's. 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 297.083 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-21-017 ('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 1 of9 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. Fie —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 Ponce 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 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 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 storinwater 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 of9 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 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, tcrm, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforecability 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 aclmowledge that they are of equal Owner-Initiated Annexation Service Agroement 3 of9 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 Ag=nent 4 of9 CITY OF FORT WORTH WTXS, LLC,a Delaware limited liability company, on behalf of its eIfin its capacity as owner and on behalf of all other owners in its capacity as manager, operator or agent,as applicable By: Walton International Group (USA), Inc., an Arizona corporation Name: Dana Burghdoff Title: Assistant City Manager Its: Sole member and Manager Approved as to Form and Legality: B . fNla Name: 1 L,. Name: Melinda Ramos Title: XA4,9AIZeD S1Gnl -i� Senior Assistant City Attorney Attest: �d4ann��� d oo�oFOR o 4 a �►0 �d swm.n inas.wa ��o o� �_ City Secretary ..0 °o 000 o o d o d Approvals: ��*o0 000 � M&C: 22-0810 �� 000000000 d Ordinance No.25799-10-2022 ��nEXASdA OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Owner-Initiated Annexation Smice Agreement 5 of4 State of Texas § County of Tarrant § This instrument was acknowledged before me on the 29 day of November 20 22 by Dana Burghdoff ,Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. By: Selena Al 29 :54 CST) Notary Public, State of Texas OPRVP B SELENA ALA i Notary Public STATE OF TEXAS P Notary I.D.132422528 9jF OFF My Comm.Exp.Mar.31,2024 State of Qojj(A § County of A:&k lcva�W This instrument was acknowledged before me on the (Ato day of �a ,20A by David Peter,Authorized Signatory of on behalf of said WTXS, a Delaware limited liability_ company. By: �� ��., 4, f, � 6INE PAI OMiNO << Notary PUNCState of Florida Notary Public, State of Act� Commission#NH 44832 ,<<. FAy COMM.tXpjres Oct 1,2024 Bonded through National Notary Min- After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Owner-Initiated Annexation Service Ag,Eenent 6 of EXHIBIT A o N ,�.•a•.�•a•a o in�•� � '1'�'�.'M'd'0 O C7�0 9t.89 Sans b'aYa -'•�f� Z N 9NES$QUa M 9H0°1 t 9L4S80t1ZZ0 #D0 [ ,D o NDIJ IQQtl 3 LD A3TA01 J {; ¢ 44['01 6pLL'lOR a U', 3JIM CJNVAIVCSf13 NJTO r+.i C17 r" ° S 00l 2235.61' I 7N N-: � � � Nap(,} ,•y f� _.rl'_...��.�. N� `0 Tom, M - o 9 o N �'wld �rdQ W rviNubs iy VI I/i 1n ry7 V r'V 7' 1 Q ry "f _ I laf O.fQ7f7lli. V EDz < 14 zm zU�Q q� F-C.1i z iuLn � 0. z .-1 °� Fyag (IT Q a can n z 9oQaW Q7�1 NVI N mp N S = © a�FLU Ch _. 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()�I.lmmijual l].)i�t ;;, i fi s r 1 I' �{ Uy K � u r � - °^ C7 'L'aT?Pd'O zoOcirn ti ^a_ 99ZL0091ZO#17 � & to m > ��� ��" {/t 'K-•O� d7:CSb'�X332/7 N.707/$.ISRM 00�-^� `d a�n"a q g d `' � Nprod wiarrlj�+wr... v q -- O Owner-Initiated Annexation Service Agrepnent 7 of9 Exhibit A Continued PROPERTY DESCRIPTION BEING a tract of[and situated in the H.Maples Survey,Abstract Number 1023,the J.Leath Survey, Abstract Number 962,the A.Costello Survey,Abstract Number 271 and the A.Fernandes Survey, Abstract Number 506,all of Tarrant County,Texas and being the remainder of Tract 1 and all of Tract 2 described in deed to the Sewell Family Partnership,Ltd.,as recorded in Correction Deed recorded In County Clerk's File Number D206044638,Official Public Records,Tarrant County,Texas and being more particularly described by metes and bounds as follows; BEGINNING at a 5/8 Inch Iron rod found at the northwest corner of said Sewell tract,being found at the Intersection of the existing east Right-of-Way line of W.Cleburne Road(County Road 1035)and the south line of Lot 17,Block A,Country Corner Estates,as recorded in Cabinet A,Slide 3991,Official Public Records,Tarrant County,Texas; THENCE N 89"29'18"E,a distance of 2832.00 feet(previously recorded as S 89°56'31"E)along the north line of said Sewell tract and along the south line of said County Corner Estates and then along the south line of Garden Arbors Estates,as recorded in Cabinet A,Slide 8829,Official Public Records,Tarrant County,Texas and the along the existing south Right-of-Way line of Cleburne Crowley Road(County Road 1082,a variable width Right-of-Way)to a 1/2 Inch Iron rod with cap stamped"Pierce Murray"set; THENCE N 89°43'15"E,a distance of 2001.21 feet(previously recorded as S 89°42'34"E)continuing along the north line of sold Sewell tract and the existing south Right-of-Way line of said Cleburne Crowley Road to a 1/2 Inch Iron rod with cap stamped"Pierce Murray"set,being the northwest corner of a variable width Right-of-Way dedication as shown on the plat of Lot 1,Block 1,Crowley CTE Addition,as recorded in County Clerk's File Number D220085476,Official Public Records,Tarrant County,Texas; THENCE S 00°23'42"E,departing the north line of said Sewell tract,at 19.69 feet pass the northwest corner of said Lot 1,8lock 1,Crowley CTE Addition,an then along the west line of said Lot 1,Black 1, Crowley CTE Addition a total distance of 2235.81 feet to a 5/8 inch Iron rod with cap stamped"TNP" found at the southwest corner of said Lot 1,Block 1,Crowley CTE Addition,being at an"L"corner in the existing north Right-of-Way line of Longhorn Trail(Farm to Market Road 1081)and being an angle point in the east line of the remainder of said Sewell tract; THENCE S 00'41'59"W,a distance of 400.62 feet(previously recorded as S 01136'31"W)along the common line of the southeast line of sold Sewell tract and said Right-of-Way line to a 1/2 Inch iron rod with cap stamped"Pierce Murray"set; THENCE S 29'31'05"W,a distance of 32.50 feet(previously recorded as S 30"00'00"W)continuing along said common line to a 1/2 Inch Iran rod with cap stamped"Pierce Murray"set; WHENCE S 59°31'05"W,a distance of 33.00 feet(previously recorded as S 60°0(Y00"W)continuing along said common line to a 1/2 inch iron rod with cap stamped"Pierce Murray"set; THENCE 5 89'28'03"W,a distance of 1952,73 feet(previously recorded as S 89°56'S8"W)continuing along said common line to a 1/2 Inch Iron rod with cap stamped"Pierce Murray"set, THENCE N 89'53'51"W,a distance of 2824,34 feet(previously recorded as N 85'23'29"W)continuing along said common line to a 1/2 inch iron rod with cap stamped"Pierce Murray"set at the intersection Owner-Initiated Armexation Service Agreement 8 of9 Exhibit A Continued of the north Right-of-Way line of said Longhorn Trail and the east Right-of-Way line of the aforementioned W.Cleburne Road and being the southwest corner of said Sewell tract; THENCE N 00°28'39"W a distance of 2659.52 feet(previously recorded as N 00'01'55"E)along the existing east Right-of-Way line of said W.Cleburne Road returning to the Point of Beginning and contalning 12,940,921 square feet or 297.093 acres of land,more or less. Or rF T RC Y < - 9 q `� r S U R'l F Owner-{vitiated Annexation Service Agreement 9 of9 City of Fort Worth, Texas Mayor and Council Communication DATE: 10/11/22 M&C FILE NUMBER: M&C 22-0810 LOG NAME: 06AX-21-017 SEWELL TRACT—OWNER INITITATED SUBJECT (Future CD 6)Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed Owner-Initiated Annexation of Approximately 297.083 Acres of Land in Tarrant County, Known as the Sewell Tract, Located at the Northeast Comer of West Cleburne Road and Longhorn Trail and is South of Cleburne Crowley Road,and Approximately 7.561 Acres of Right-of-Way in the Far South Planning Sector,AX-21-017 (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 297.083 acres of land and approximately 7.561 acres of right-of-way in Tarrant County,known as the Sewell Tract,located at the northeast comer of West Cleburne Road and Longhorn Trail and is south of Cleburne Crowley Road,as shown on Exhibit A; 2. Authorize execution of municipal services agreement between the City of Fort Worth and property owners,WTXS, LLC,a Delaware limited liability company;and 3. Adopt ordinance annexing AX-21-017 for full purposes. DISCUSSION: On April 26,2022, representatives for the property owners WTXS, LL, submitted a request for full-purpose annexation of the property shown on Exhibit A into the City of Fort Worth (City).The subject property is located entirely in that portion of the City's extraterritorial jurisdiction which is in Tarrant County.The site is located at the northeast corner of West Cleburne Road and Longhorn Trail and is south of Cleburne Crowley Road.The owner-initiated annexation,which is approximately 297.083 acres, is consistent with the urban development annexation criteria as established by the City's Annexation Policy.The proposed annexation includes 7.561 acres of right-of-way(Longhorn Trail)adjacent to the property. The subject area is currently agricultural land.The property owners propose land uses of residential and commercial development are inconsistent with the future land use map of the 2022 Comprehensive Plan. Per Subdivision Ordinance, Section 31-2(b)(1), the City Plan Commission is required to study and make a recommendation on proposals for voluntary annexations that are inconsistent with the Comprehensive Plan. On September 14,2022,the City Plan Commission voted to not recommend approval of the inconsistent land uses proposed in the annexation case. The related zoning case(ZC-22-001)was initially heard by the Zoning Commission on August 10,2022 and continued to the September 14,2022 Zoning Commission meeting.This related zoning case is on this October 11,2022 City Council agenda for consideration. The Sewell Tract Preliminary Plat(PP-22-050)has been submitted for review and is pending the acceptance of the water study. The site is not currently in the City's Certificate of Convenience and Necessity(CCN),and the City will be processing a CCN request to include it in our CCN boundary.The CCN for this site was recently released from the Johnson County Special Utility District's(SUD)CCN.This site is identified in the City's 20-year Planned Service Area. The site will be served by Hulen Street,Old Cleburne Road and Longhorn Trail. Old Cleburne Crowley Road is currently a rural one lane street with no shoulder. Longhorn Trail is an existing one lane road that is not on the Master Thoroughfare Plan. Due to the substandard conditions of Cleburne Road and Longhorn Trail the developer will be required to show what improvements they will make to provide adequate access to the residents. Hulen Street runs through their site and is listed in the Master Thoroughfare Plan as a Neighborhood Connector. The developer will be required to build Hulen Street to West Cleburne Crowley Road. The subdivision to the north has a preliminary plat that includes connecting Hulen Street from West Cleburne Crowley Road to the existing Hulen Street to the north.Once that connection is made Hulen Street will serve as the primary access point for residents and Longhorn Trail will be the primary route to the local schools. Upon annexation,the development will be added to the Transportation Impact Fee Service Area Y and will be subject to the Transportation Impact Fee Ordinance. The development will receive transportation impact fee credit for the dedication and construction of Cleburne Road as it is listed as a roadway on the City's Master Thoroughfare Plan. Dedication and construction of Cleburne Road will add necessary regional mobility for the City. The collection rate for the service area will be dependent upon the date of the final plat recordation. Once the developer fulfills their roughly proportionate improvements to Hulen Street,Longhorn Trail,Old Cleburne Crowley Road and the Capital Improvement Projects are complete there will be adequate roadways to serve the subdivision. Also,the City has recently approved other preliminary plats in the surrounding area. It is anticipated that because of additional roadway improvements done by adjacent and nearby developers that roadway conditions will be adequate to serve this and other proposed developments in the area. 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. Emergency services will be provided through the City of Fort Worth.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 be the level of service contemplated or projected in the area. Emergency medical services will be provided by City's Fire Department and MedStar or other entity engaged by the City.The City's Police Department will provide protection and law enforcement services. 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-21-017. 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- 21-017 for full purposes. If annexed,this property will become part of COUNCIL DISTRICT 6. 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: Stuart Campbell 2412