HomeMy WebLinkAboutContract 58410 (2) CSC No. 58410
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS
AND GEO BEGGS ALEDO RANCH,LP. and ROCKRIVER PARTNERSHIP,LTD.
This Municipal Services Agreement ('Agreement") is entered into on 8th day of
November , 2022 by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas, ("City") and Coo Abdo Ranch, I.P. and Rockriver
Paftn hip, Ill ("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 249.981 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-21-006 ('Annexation Case");
WHEREAS, City and Owner desire to set out the City services to be provided for the
Property on or after the effective date of annexation;
WHEREAS,the Annexation Case and execution of this Agreement are subject to approval
by the Fort Worth City Council, and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein, City and Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the
Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full,
available municipal services to the Property in accordance with state law, which may be
accomplished through any means permitted by law. For purposes of this Agreement, "full
municipal services" means all services provided by the City within its full-purpose
boundaries, including water and wastewater services and excluding gas or electrical service.
OFFICIAL RECORD
CITY SECRETARY
Owner-Initiated Annexation Service Agreement FT.WORTH,TX 1 of9
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 inspcction 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 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
Owner-Initiated Annexation Service Agreement 2 of 9
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
tc 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.
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 9
CITY OF FORT WORTH GEO BEGGS ALEDO RANCH, LP.
Dana BurAh�JofF
""4, - .,iw-
By: Dana Bur�doff m12,202211:26EST) By, AAAAVAJ
Name: N e• ames H. Clement, Jr.
Title: Assistant Cily Manager _ Title: PR9!5'11)f&7
6�6vel?'Q 19A'd71V".
Approved as to Form and Legality: ROCKRIVER PARTNERSHIP, LTD.
A'a" - By:
Name: Melinda Ramos Name: R. Willing Ryan, III
Senior Assistant City Attorney Title:
4,d.04Vp4� ,
Attest: Y F FORt 09
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p�`o o-0D
.7a`rhette S Goodall p*oa o o*
Janneite&Gwdall(Nw 30,2022 08:56 CST) QaAy
City Secretary aa�nFapgbpp
Approvals:
M&C: 22-0887
Ordinance No.25838-11-2022
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Owner-Initiated Annexation Service Agreement ;of,()
CITY OF FORT WORTH GEO BEGGS ALEDO RANCH,LP.
Daunt ffLt,lhL�OAC
By: Dana Burghdoff Nov 12,2022 11:26 EST) By:
Name: Name: James H. Clement,Jr.
Title: Assistant City Manager Title:
Approved as to Form and Legality: ROCKR V P TN R IP, LTD.
W,JJw By:
Name: Melinda Ramos Name: R. Wilting Ry , III
Senior Assistant City Attorney Title: '
Attest:
4 7a1r1-1ette S 600611
Jannette S.Goodall(Nov 30,2022 08:56 CST)
City Secretary
Approvals:
M&C: 22-0887
Ordinance No.
Owner-Initiated Annexation Service Agreement 5 of 9
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the 29th day of November , 2022,
by Dana Burghdoff , Assistant City Manager of the City of Fort Worth, a Texas
municipal corporation, on behalf of said corporation.
By:
Notary Public, State of Texas
o rev Poet SELENA ALA
a Notary Public
t + STATE OF TEXAS
Notary I.D.132422528
�FOF My Comm.Exp.Mar.31,2024
State of E1S §
County of 'p Q,EW §
This instrument was acknowledged before me on the day of , 201.2;
by (Title) 6
on behalf of Ca-*-v_3EG!ES kG4444 +LAA%OL L4-G
Notary Public State of
0Y_N5 �,.�`1PavP��,, JEANNE HAYDEN
Notary Public,State of Texas
}` Comm.Expires 11-24-2022
AND Notary ID 1353680
State of §
County of §
This instrument was acknowledged before me on the day of , 20_,
by (Title)
on behalf of
Notary Public, State of
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner-Initiated Annexation Service Agreement 6 of 9
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the 29th day of November , 2022�
by Dana Burghdoff , Assistant City Manager of the City of Fort Worth, a Texas
municipal corporation, on behalf of said corporation.
By:
Notary Public, State of Texas
SELENA ALA
i Notary Public
+ STATE OF TEXAS
Notary I.D.132422528
9jF OFP My Comm.Exp.Mar.31,2024
State of -Fe rp r §
County of "F -t — §
fi
This instrument was acknowledged before me on the day of9 v s
by (Title)
on behalf of r; r,� ,� ,• �,,s, L7'l,�
Notary Public, State of T&,xrs' ------
Ll
BOVEE TRAINOR
Notary Public, State of Texas
ANDComm. Expires 05-14-2025
' a +� Notary ID 124523364
State of §
County of §
This instrument was acknowledged before me on the day of , 20_,
by (Title)
on behalf of
Notary Public, State of
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner-Initiated Annexation Service Agreement 6 of 9
EXHIBIT A
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Owner-Initiated Annexation Service Agreement 7 of 9
Exhibit A
Continued
Being a 249.981 acre tract situated in the W.M. Cagle Survey, Abstract No. 2373, and the G.E. &
A.H. Tandy Survey, Abstract No. 2356, Parker County, Texas, and being comprised of that certain
called 129.769 acre tract described in instrument to Geo Beggs Aledo Ranch, LP, recorded under
Clerk's File Number 202043651, of the Official Public Records, Parker County, Texas
(O.P.R.P.C.T.)and that certain called 127 acre tract described in said instrument to Geo Beggs Aledo
Ranch, LP, said 249.981 acre tract being more particularly described by metes and bounds 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 249.921, surface acreage calculated using scale factor of 1.00012).
BEGINNING at a found Texas Department of Transportation monument for the southside corner
of a cutback on the east right-of-way of F.M. 3325 also known as Farmer Rd. (120 foot wide), and
being the same tract described as Parcel# 15 in instrument to the State of Texas,recorded in Volume
1707, Page 612 O.P.R.P.C.T., being the most westerly northwest corner of the herein described
249.981 acre tract;
THENCE North 45' 32' 00" East, 68.72 feet, with said cutback, to a found Texas Department of
Transportation monument, for the northside corner of said cutback, at the intersection of said F.M.
3325 and the south right-of-way line of Old Weatherford Road(40 foot wide),also known as Mary's
Creek Road and County Road 1083, being on the north line of said 129.769 acre tract,and being the
most northerly northwest corner of the herein described 249.981 acre tract;
THENCE with the south right-of-way of said Old Weatherford Road and generally with a fence the
following 19 courses and distances:
South 89'49' 24"East, 1301.21 feet,to a found 3" steel fence post for an angle corner;
North 89'48' 32"East, 134.86 feet, to a found 3" steel fence post for an angle corner;
South 83' 02' 18"East, 171.57 feet,to a found 3" steel fence post for an angle corner;
South 82' 06' 5 1"East, 353.36 feet,to a found 3" steel fence post for an angle corner;
South 73' 29' 43" East, 61.04 feet,to a found 3" steel fence post for an angle corner;
South 47' 59' 24"East, 63.81 feet,to a found 3" steel fence post for an angle corner;
South 530 05' 19"East, 38.74 feet,to a found 3" steel fence post for an angle corner;
South 68' 37' 40" East 9.20 feet, to a found 3" steel fence post for an angle corner;
South 86' 16' 42"East, 130.12 feet,to a found 3" steel fence post for an angle corner;
Owner-Initiated Annexation Service Agreement 8 of 9
North 84'24' 17"East, 213.73 feet, to a found 3" steel fence post for an angle corner;
North 71°40' 19"East, 160.89 feet, to a found fence post for an angle corner;
North 71° 38' 5 1"East, 472.31 feet, to a found 4" steel fence post for an angle corner;
North 79' 13' 33"East, 215.2-7 feet, to a found 3" steel fence post for an angle corner;
North 83'47' 15"East, 98.14 feet, to a found 3" steel fence post for an angle corner;
South 79' 33' 12"East, 319.68 feet, to a found 3" steel fence post for an angle corner;
South 70' 09' 15"East, 375.52 feet,to a found 1/2" iron rod, being the southwest corner of
a 31.4 acre tract described in instrument to the Catholic Diocese of Fort Worth, recorded in
Volume 2459, Page 1357 O.P.R.P.C.T., for an angle corner of the herein described 249.981
acre tract;
North 88' 58' 11" East, 899.91 feet, to a found 5/8" iron rod, being the southeast corner of
said 31.4 acre tract, for the southwest corner of a tract described in instrument to Aledo
Independent School District,recorded in Volume 2583,Page 1480 O.P.R.P.C.T.,for an angle
corner of the herein described 249.981 acre tract;
North 89' 18' 49"East,274.84 feet,to a found 3/4" iron rod,on the south line of said Aledo
Independent School District tract, being the northeast corner of a tract described in
instrument to Walsh Ranches Limited Partnership, recorded in Volume 1699, Page 1765
O.P.R.P.C.T., being the northeast corner of said 127 acre tract and the northeast corner of
the herein described 249.981 acre tract;
THENCE South 00'33' 28"East, 2016.00 feet, with a west line of said Walsh Ranch tract,the east
line of said 127 acre tract,to a found 1/2" iron rod, for an interior corner of said Walsh Ranch Tract,
being the southeast corner of said 127 acre tract and the southeast corner of the herein described
249.981 acre tract;
THENCE South 89' 18' 19" West, 5227.22 feet, with a north line of said Walsh Ranch tract and
the south line of said 127 acre tract and said 129.769 acre tract, to a found Texas Department of
Transportation monument, on the east right-of-way of said F.M. 3325, for the southeast corner of
said Parcel # 15,being the southwest corner of the herein described 249.981 acre tract;
THENCE North 01° 03' 12" West, 2094.43 feet, with the east right-of-way of said F.M. 3325 to
the POINT OF BEGINNING and containing 249.981 acres of land.
Owner-Initiated Annexation Service Agreement 9 of 9
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/08/22 M&C FILE NUMBER: M&C 22-0887
LOG NAME: 06AX-22-006 BEGGS EAST—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 249.981 Acres of Land in Parker County, Known as Beggs East, Located at the Southeast Comer of
the Intersection of Old Weatherford Road and Farmer Road/Farm to Market Road 3325,and Approximately 11.946 Acres of Right-of-Way in the
Far West Planning Sector,AX-22-006
(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 249.981 acres of land and approximately 11.946 acres
of right-of-way in Parker County,known as the Beggs East,located at the southeast corner of the Intersection of Old Weatherford Road and
Farmer Road/Farm to Market Road 3325,as shown on Exhibit A;
2. Authorize execution of municipal services agreement between the City of Fort Worth and property owners,Geo Beggs Aledo Ranch, LP.and
Rockriver Partnership, Ltd.;and
3. Adopt ordinance annexing AX-22-006 for full purposes.
DISCUSSION:
On August 1,2022, representatives for the property owners Geo Beggs Aledo Ranch, LP.and Rockriver Partnership, Ltd.,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 at southeast corner of the intersection of Old Weatherford Road
and Farmer Road/Farm to Market Road 3325(FM 3325).The owner-initiated annexation,which is approximately 249.981 acres,is consistent
with the urban development annexation criteria as established by the City's Annexation Policy.The proposed annexation includes 11.946 acres
of right-of-way(Old Weatherford Road and Farmer Road(FM 3325))adjacent to the property.
The subject area is currently agricultural and vacant land.The property owner's 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 28,2022,the City Plan Commission voted to recommend approval of the inconsistent land uses proposed in
annexation case AX-22-006.
The 2022 Comprehensive Plan identifies the future land use for this site as Single-Family Residential and Neighborhood Commercial.The
proposed development is compatible with current surrounding land uses, but not consistent with the future land use.
The related zoning case(ZC-22-160)was initially heard by the Zoning Commission on October 12,2022.The Commission voted to recommend
approval of the requested zoning districts,which include:"A-5"One Family,"R2"Townhouse/Cluster,"D"High Density(Multifamily),and"G"
Intensive Commercial.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 and Old Weatherford Road and Farmer Road(FM 3325).Old Weatherford Road is currently a rural one lane street with
no shoulder. Farmer Road(FM 3325)is a rural one lane street with a 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-22-006.
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-
22-006 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