HomeMy WebLinkAboutContract 58411 (2) CSC No.58411
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS
AND ALEDO WC 34,LLC.
This Municipal Services Agreement ("Agreement") is entered into on th day of
November 2022 by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas,("City")and A1edo WC 34 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 ofland situated in Parker County, Texas,
which consists of approximately 34.548 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-21-007 ("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.
L 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
1 01 l u
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. 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, Iibraries, 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
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
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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
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 1 D
X"
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.
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
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r
CITY OF FORT WORTH ALEDO WC 34, LLC.
By: DJ�2�lad8�Ak"
By:
Name: Name: Anson Reill
Title: Assistant CiV Manager Title: President of Sunrise artners LLC
its sole Mana er
Approved as to Form and Legality:
Name: Melinda Ramos
Senior Assistant City Attorney
Attest:
ooa�FONj 4p
° Q.°a
a�a° �9do
ovoo =o
Tannehte S.Goodall
Jannette S.Goodall(Nov 30,202207:03 CST,
City Secretary
Approvals:
M&C: 22-0889
Ordinance No.25839-11-2022
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Owner-Initiated Annexation Service Agreement
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State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the 29 day of_November , 2�-2
by Dana Burghdoff Assistant City Manager of the City of Fort Worth, a Texas
municipal corporation, on behalf of said corporation.
By: Selena Ala(Nov 29 :51 CST)
Notary Public, State of Texas
oPav aba 1. INA ALA
a Notary Public
m * STATE OF TEXAS
Notary I.D.132422528
9jFOF 1e My Comm.Exp.Mar.31,2024
State of _�e' S �§
County of 0,,5 §
This instrument was acknowledged before me on the OLA ay of LkS- " 203a
by Anson Reill , President of Sunrise Partners LLC.its sole Manager on behalf of Aledo WC 34,
LLC.
0
By: ay�
¢: LINDSEY FOSTED
Notary Public, State of �� S •' *:k:
�.. MY Nofary ID#12582
Expires September 8
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner-Initiated Annexation Service Agreement
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Owner-Initiated Annexation Service Agreet93ent
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Exhibit A
Continued
BEING a 32.975 acre tract situated in the J.D. KYLE SURVEY,ABSTRACT No. 792, and the C.JACKSON
SURVEY, ABSTRACT No. 754, Parker County, Texas, and being out of and a portion of that certain
called 34.744 acre tract described in instrument to Weatherford College of the Parker County
Junior College District, recorded in Volume 2583, Page 1474, of the Real Property Records of Parker
County, Texas, (R.P.R.P.C,T.), said 32.975 acre tract being more particularly described as follows:
Bearings, Distances, and/or Areas derived from GNSS observations performed by Texas Surveying,
Inc. and reflect N.A.D. 1983, Texas State Plane Coordinate System, North Central Zone 4202. (Grid)
(Grid acreage is 32.967, surface acreage calculated using scale factor of 1.00012).
BEGINNING at a 8" cedar fence corner post found in the apparent west line of the M. MOULTON
SURVEY, ABSTRACT No. 934, Parker County, Texas, for the apparent northeast corner of said J.D.
Kyle Survey and the apparent southeast corner of said C. Jackson Survey, said post being in a west
line of that certain called 7,125.3 acre tract described in instrument to Walsh Ranches Limited
Partnership, recorded in Volume 1699, Page 1765, R.P.R.C.T,, for the southeast corner of that
certain called 257 acre tract described in instrument to Moncrief Properties LLC, recorded under
Clerk's File Number 201932829, R.P.R.P.C.T., and being the northeast corner of said 34.744 acre
tract and the herein described tract;
THENCE S 01002'28" E, 1244.78 feet, with the apparent east line of said J.D. Kyle Survey, the
apparent west line of said M. Moulton Survey, the east line of said 34.744 acre tract, a west line of
said 7,125.3 acre tract, to a 1/2" iron rod with cap stamped "Texas Surveying, Inc." set in the north
right-of-way of Old Weatherford Road, for the southeast corner of the herein described tract, said
point being in a 420.00 foot radius curve to the left;
THENCE with the north right-of-way of said Old Weatherford Road, the following four (4) courses
and distances:
1) 209.37 feet southwesterly, with said 420.00 foot radius curve to the left, having a chord
bearing an distance of S 76"03'20" W, 207.21 feet, to a 1/2" iron rod with cap stamped
"Texas Surveying, Inc." set for the end of said curve;
2) S 61046'30" W, 243.26 feet, to a 1/2" iron rod with cap stamped "Texas Surveying, Inc."
set for the beginning of a 480.00 foot radius curve to the right;
3) 231.08 feet southwesterly, with said 480.00 foot radius curve to the right, having a
chord bearing and distance of S 75°34'00" W, 228.86 feet, to a 1/2" iron rod with cap
stamped "Texas Surveying, Inc." set for the end of said curve;
4) S 89°21'30" W, 312.51 feet, to a 1/2" iron rod with cap stamped "Texas Surveying, Inc."
set in the southerly west line of said 34.744 acre tract, the easterly line of that certain
called 2.00 acre tract described in instrument to Aledo ISD, recorded in Volume 2682,
Page958, R.P.R.P,C.T., for the southerly southwest corner of the herein described tract;
Owner-Initiate[]Annexation Service Agreement
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THENCE N 00017'54" W, with the southerly west line of said 34.744 acre tract, the east line of said
2.00 acre tract, at 9.50 feet pass a 3/8" iron rod found for reference, in all a total distance of 369.33
feet, to a 3/8" iron rod found for the northeast corner of said 2.00 acre tract, being an interior
corner of said 34.744 acre tract and the herein described tract;
THENCE S 89041'26" West, 209.00 feet, with the north line of said 2.00 acre tract, to a 5/8" iron
rod found for the northwest corner of said 2.00 acre tract, being the northeast corner of that
certain called 2.00 acre tract described in instrument to Regina Grammer, recorded in Volume
2438, Page 899, R.P.R.P.C.T., being the southeast corner of that certain called 136.237 acre tract
described in instrument to Aledo ISD, recorded in Volume 2583, Page 1480, R.P.R.P.C.T., and being
the westerly southwest corner of said 34.744 acre tract and the herein described tract;
THENCE N 10046'16" E, 1,186.97 feet, with the west line of said 34.744 acre tract, the east line of
said 136.237 acre tract, to a point in the centerline of Little Mary's Creek, being the south line of
said 257 acre tract, for the northeast corner of said 136.237 acre tract, being the northwest corner
of said 34.744 acre tract and the herein described tract;
THENCE with the centerline of Little Mary's Creek,the north line of said 34.744 acre tract, the south
line of said 257 acre tract, the five (5) following courses and distances:
1) S 83°32'06" E, 28.65 feet, to a point for corner;
2) S 87056'34" E, 73.26 feet, to a point for corner;
3) 5 82°41'19" E, 62.29 feet, to a point for corner;
4) 5 71032'03" E, 76.16 feet, to a point for corner;
5) S 50°04'27" E, 55.76 feet, to a point for corner;
THENCE N 89008'31" E, 637.64 feet, with the north fine of said 34.744 acre tract, the south line of
said 257 acre tract, to the POINT OF BEGINNING, and containing 32.975 acres, more or less.
AND
BEING a 0.915 acre tract situated in the J.D. KYLE SURVEY,ABSTRACT No, 792, Parker County,Texas,
and being out of and a portion of that certain called 34.548 acre tract described in instrument to
Aledo WC 34, LLC, recorded under Clerk's File Number 202148423, of the Real Property Records of
Parker County, Texas, (R.P.R.P.C.T.), said 0.915 acre tract being more particularly described as
follows:
Bearings, Distances, and/or Areas derived from GLASS observations performed by Texas Surveying,
Inc. and reflect N.A.D. 1983,Texas State Plane Coordinate System, North Central Zone 4202. (Grid)
(Grid acreage is 0.915, surface acreage calculated using scale factor of 1.00012).
Owner-Initiated Annexation Service Agreement
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BEGINNING at a Set 1/2" Capped Iron Rod in the west line of said 34,548 acre tract, for the
southwest corner of the herein described tract, from which a 3/8" iron rod found for the southwest
corner of said 34.548 acre tract bears S 00°1754" E, 7.28 feet;
THENCE N 00"17'54"W,40.00 feet, with the west line of said 34.548 acre tract,to a Set 1/2" Capped
Iron Rod for the northwest corner of the herein described tract, from which a 3/8" iron rod found
for reference bears N 00017'54" W, 9.50 feet;
THENCE over and across said 34.548 acre tract, the following:
1) N 89°21'30" E, 312.51 feet, to a Set 1/2" Capped Iron Rod for the beginning of a 480,00
foot radius curve to the left;
2) 231.08 feet northeasterly, with said 480.00 foot radius curve to the left, having a chord
bearing and distance of N 75°34'00" E, 228.86 feet, to a Set 1/2" Capped Iron Rod for
the point of tangency of said curve;
3) N 61°46'30" E, 243.26 feet, to a Set 1/2" Capped Iron Rod for the beginning of a 420,00
foot radius curve to the right;
4) 209.37 feet northeasterly, with said 420.00 foot radius curve to the right, having a chord
bearing and distance of N 76°03'20" E, 207.21 feet, to a Set 1/2" Capped Iron Rod in the
east line of said 34.548 acre tract,for the northeast corner of the herein described tract;
THENCE S 01002'28" E, 40.01 feet, with the east line of said 34.548 acre tract, to a 1" iron pipe
found at the base of a tree, for the southeast corner of said 34.548 acre tract and the herein
described tract, said point being in a 380.00 foot radius curve to the left;
THENCE over and across said 34.548 acre tract, the following:
1) 190.39 feet southwesterly, with said 380.00 foot radius curve to the left, having a chord
bearing and distance of S 76°07'42" W, 188.40 feet, to a Set Railroad Spike for the point
of tangency of said curve;
2) S 61°46'30" W, 243.26 feet, to a Set 1/2" Capped Iron Rod for the beginning of 520.00
foot radius curve to the right;
3) 250.34 feet southwesterly, with said 520.00 foot radius curve to the right, having a
chord bearing and distance of 75034'00"W, 247.93 feet, to a Set 1/2" Capped Iron Rod
for the point of tangency of said curve;
THENCE S 89021'30" W, 312.75 feet, to the POINT OF BEGINNING, and containing 0.915 acres,
more or less.
Owner-Initiated Annexation Set-vice Agreement 10 of 10
1
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/08/22 M&C FILE NUMBER: M&C 22-0889
LOG NAME: 06AX-22-007 ALEDO 34—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 33.625 Acres of Land in Parker County, Known as Aledo 34, Located along Old Weatherford Road,
West of Walsh Drive and West of Walsh Ranch,and Approximately 0.915 Acres of Right-of-Way in the Far West Planning Sector,AX-22-007
(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 33.625 acres of land and approximately 0.915 acres of
right-of-way in Parker County,known as the Aledo 34, located along Old Weatherford Road,west of Walsh Drive and west of Walsh Ranch,
as shown on Exhibit A;
2. Authorize execution of municipal services agreement between the City of Fort Worth and property owners,Aledo WC 34, LLC;and
3. Adopt ordinance annexing AX-22-007 for full purposes.
DISCUSSION:
On August 1,2022,representatives for the property owners Aledo WC 34, LLC,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 Parker County.The site is located along Old Weatherford Road,west of Walsh Drive and west of Walsh Ranch.The owner-initiated
annexation,which is approximately 33.625 acres, is consistent with the urban development annexation criteria as established by the City's
Annexation Policy.The proposed annexation includes 0.915 acres of right-of-way(Old Weatherford Road)adjacent to the property.
The subject area is currently agricultural and vacant land.The property owner proposes the land use to be of a residential type development which
is 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 28,2022,the City Plan Commission voted to recommend approval of the inconsistent land uses proposed in
annexation case AX-22-007.
The 2022 Comprehensive Plan identifies the future land use for this site as Single-Family Residential rather than the Low-Density Residential
proposed.The proposed development is compatible with current surrounding land uses,but not consistent with the future land use.
The related zoning case(ZC-22-159)was initially heard by the Zoning Commission on October 12,2022.The Commission voted to recommend
approval of the requested zoning district of"R2"Townhouse/Cluster.This related zoning case is on this November 08,2022 City Council agenda
for consideration.
The site is not currently in the City's Certificate of Convenience and Necessity(CCN),nor is it within another Utility's CCN.The City will be
processing a CCN request to include it in our CCN boundary.Also,this site is identified in the City's 20-year Planned Service Area.
The site will be served by Old Weatherford Road.Old Weatherford Road is currently a rural one lane street with no shoulder. Due to the
substandard conditions of Old Weatherford Road the developer will be required to show,during the platting process,what improvements they will
make to provide adequate access to the residents.
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-22-007.
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-
22-007 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 by. Dana Burghdoff 8018
Originating Business Unit Head: D.J. Harrell 8032
Additional Information Contact:
Expedited