HomeMy WebLinkAboutContract 61194CSC No. 61194
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS
I7r;L17
AIL INVESTMENT, L.P.
This Municipal Services Agreement ("Agreement") is entered into on 26th day of
March , 2024 by and between the City of Fort Worth, Texas, a home -rule
municipality of the State of Texas, ("City") and AIL PWESTMENT. L.P. ("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 18.49 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-23-010 ("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,
OFFICIAL RECORD
Owner -Initiated Annexation Service Agreement CITY SECRETARY 1 of 10
FT. WORTH, TX
including water and wastewater services and excluding gas or electrical service.
3. MUNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the municipal services
set forth below. As used in this Agreement, "providing services" includes having
services provided by any method or means by which the City may extend municipal
services to any other area of the City, including the City's infrastructure extension
policies and developer or property owner participation in accordance with
applicable city ordinances, rules, regulations, and policies.
i. Fire — The City's Fire Department will provide emergency and fire protection
services 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. Emer2encv 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 Zonin:, — 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 Building s. 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 li,-,htinp-) - 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 of 10
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, 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
Owner -Initiated Annexation Service Agreement 3 of 10
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. 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 10
CITY OF FORT WORTH
Name: Dana Bunzhdoff
Title: Assistant City Manager
Approved as to Form and Legality:
Name: Melinda Ramos
Deputy City Attorney
Attest:
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City Secretary
Approvals:
11/j&C: 24-0231
Ordinance No. 26801-03-2024
D semka Ca�t�beGC
D Stuart Campbell JM P,20241- COTS
Contract Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Owner -Initiated Annexation Service Agreement 5 of 10
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the 28th day of March )2024,
by Dana Buruzhdoff, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
Notary Public, State of Texas ra BROOKE BONNELL
_ Notary Public
+®+ STATE OF TEXAS
v P Notary I.D. 134009525
My Comm. Exp. Oct. 11, 2026
Owner -Initiated Annexation Service Agreement 6 of 10
AIL INVESTMENT, L.P.,
a Texas limited partnership
By: AIL GP, LLC,
a Texas limited liability company,
its generJc
l partner]
By: � u
Name: FP -IC- CL- L D
Title: S VP
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on `� l/ ; �, 20Z by
en c- eillod t S✓p of AIL GP, LLC, a Texas lin ited liability company, on
behalf of said limited liability company, in its capacity as general partner of AIL Investment, L.P.,
a Texas limited partnership, on behalf of said limited partnership.
„Yll P-1-
DREA REYES
o�
Notary Public, State of Texas
=`�'• •r" Comm. Expires 11-04-2025
Notary ID 128095220
Nota Public, State of Te
Owner -Initiated Annexation Service Agreement 7 of 10
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner -Initiated Annexation Service Agreement 8 of 10
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r I This document was prepared under 22 TAC 138.33e, does not reflect the results of an on the ground LL a
survey, and is no: to be used to convey or establish unterests in real property except those rights and w a
interests implied or established by the creation or reconfiguration of the boundary of the political a
subdivision for which it was prepared. o
0 200 400
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in Insl.• 2023-68836
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0 18.490 Acres u). n
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— — — — — — — S890 43'12"W 588.96' I S89° 40'36"W tity of Fort Worth 705.06, I r
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18,490 Acres of Land w' p �
�!� ' A Situoted in the Thomas S. Reyburn Survey, Abstract Number 1130, C � H
and the Rufus King Survey, Abstract Number 723,
City of Fort Worth ETJ, Oentorr County, Texas. N�
SVELS LS FIRM REG. NO. 10177700 CcpyrighlCf.i 2023 Peloton Land Sv,4 ions Inc., a Westwood Company
EXHIBIT A
Continued
Description of
18.490 Acres of Land
BEL�G a tract of land situated in the Thoinas S. Reybtun Stuz-ey. Abstract Ntunber 1130 aid the
Rufus King Survey. Abstract Ntuuber 723. City of Fort SN'orth. Denton County. Texas. being all
of that tract of land described by deeds to AIL hn-estnlent. L.P.. recorded in Instrument Ntunber
2023-68836. Real Property Records. Denton County. Texas and being snore particularly
described by metes and bounds as follows:
BEGLXNT\G at the southeast comer of said AIL Investnnent tract. being the northeast comer of
that tract of land described by deed to BS CONCEPTS. LLC.. recorded in Iistrinient Number
2015-117040. Real Property Records. Denton County. Texas. and being in the west right-of-way
line of Elizabethto-u-n Cemetery Road (a paved traveled roadway. no record found):
THENCE S 89040'36"W. 705.06 feet. departing said «vest right-of-way line. with the south line
of said AIL hivestnnent tract to the northwest comer of said BS Concepts tract. being the
northeast corner of that tract of land described by deed to Day Group Inc.. recorded in Instrument
Number 2021-126577. Real Property Records. Denton County:
THENCE S 89`'43' 12"W. 588.96 feet. with said south line and the north line of said Day Group
tract. to the southwest corner of said AIL Investment tract. being the southeast coiner of that tract
of land described by deed to TDA Investors. LLC. recorded in histrunent Niunber 2022-110711.
said Real Property Records:
THENCE lei 00004'55"E. 613.63 feet. with the west line of said AIL Investment tract and the
east line of said TDA Investors tract. to the northwest corner of said AIL Investment tract. being
the northeast coiner of said TDA Investors tract. and being in the south line of the remainder of
that tract of laid described by deed to AIL Investment. L.R. recorded in Volunne 4246. Page
457. said County Records.
THENC'E N W38' 13" E. 725.30 feet. with the north line of said AIL Investment tract and the
south line of said remainder tract:
THENCE S 89r51'22''E. 568.92 feet. with said common line to the northeast comer of said AIL
Investment tract. being the southeast comer of said remainder tract and being in the
aforementioned west right-of-way line of ElizabethtoNm Cemetery Road: -
THENCE S 00004'55"W. 622.60 feet. with the east line of said AIL Invests neat tract and said
west right-of-way line to die Point of Beginning and containing 805.418 square feet or 18.490
acres of land more or less.
" iutep" parts of this document"
1. Description
2. FAibit
PelotonJobNo. F A'23026 Tracking No. ACR-9559
ACY INowmiber 29. 2023
G:UORHWA23026 ACN VLWrACRE_LN7m_a NTS'3_DESIGN3?_E1rrrLEN S323_ZONINGkNN7EX�kNN7EXATIONLEGA
i M*A.13026 EX1.DOC] Page I of 1
Owner -Initiated Annexation Service Agreement 10 of 10
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/26/24 M&C FILE NUMBER: M&C 24-0231
LOG NAME: 06AX-23-010 WHITACRE TRACT— OWNER INITIATATED
SUBJECT
(Future CD 10) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the
Proposed Owner -Initiated Annexation of Approximately 18.49 Acres of Land in Denton County, Known as the Whitacre Tract, Located North of Old
Denton Road and West of Elizabethtown Cemetery Road, in the Far North Planning Sector, AX-23-010
(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 18.49 acres of land in Denton County, known as the
Whitacre Tract, located north of Old Denton Road and west of Elizabethtown Cemetery Road, as shown on Exhibit A;
2. Authorize execution of municipal services agreement between the City of Fort Worth and property owners, AIL Investment, LP; and
3. Adopt ordinance annexing the property described in AX-23-010 for full purposes
11610111*4lei kiF
On November 15, 2023, representatives for the property owners AIL Investment, LP, 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 Denton County. The site is located north of Old Denton Road and west of Elizabethtown Cemetery Road. The owner -initiated
annexation, which is approximately 18.49 acres, is part of an enclave. Annexation of this site is consistent with the urban development annexation
criteria as established by the City's Annexation Policy of being development that will require water, sewerage and other municipal services to
promote public health, safety and welfare.
The subject area is currently agricultural and vacant land. The property owner proposes the site for industrial development. The proposed land use
is inconsistent with the future land use map of the 2023 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 January 24, 2024, the City Plan Commission voted unanimously to recommend approval of the inconsistent land uses
proposed in annexation case AX-23-010.
The 2023 Comprehensive Plan identifies the future land use for this site as Light Industrial. The City Plan Commission recommends a change the
future land use map for this site, from "Light Industrial" to "Industrial Growth Center". The proposed development is compatible with current
surrounding land uses, but not consistent with the future land use.
The related zoning case (ZC-23-189) was heard by the Zoning Commission on February 14, 2024. The Commission voted to recommend
approval of the requested zoning district of " K" Heavy Industrial. This related zoning case is on this March 26, 2024 City Council agenda for
consideration.
The site is currently in the City's Certificate of Convenience and Necessity (CCN). Furthermore, this site is also located within one of the City's 20-
year Planned Service Areas.
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 the Fort
Worth Lab 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-23-010.
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-
23-010 for full purposes.
If annexed, this property will become part of COUNCIL DISTRICT 10.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that based 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 Citv Manaaer's Office bv: Dana Burghdoff 8018
Oriainatina Business Unit Head: D.J. Harrell 8032
Additional Information Contact:
v a Annexation - Welcome to the x City of Fort Worth - File #: M& X + — ❑ X
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M&C 24-0231 Version: 1 Name:
Land - Report of CM Status: Passed
3/20/2024 In control: CITY COUNCIL
3/26/2024 Final action: 3/2512024
(Future CD 10) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and
Consider Adopting Ordinance for the Proposed Owner -Initiated Annexation of Approximately
18.49 Acres of Land in Denton County, Known as the Whitacre Tract, Located North of Old
Denton Road and West of El cZ- _ : .. Cemetery Road, in the Far North Planning Sector, AX-23-
010 (PUBLIC HEARING - a. Report of City Staff: Stuart Campbell; b. Public Comment, c. Council
Action: Close Public Hearing and Act on M&C)
Attachments: 1. M&C 24-n231, 2. Whitacre Tract FIA )a —If 3. Exhibit A - A7{-23 010•ndf, 4. Ordinance
iAX-23-010imr rev.odf
Fistory(1) Text
1 record Group Export
Date . Ver. Action By Action
3/2512024 1 CTTY COUNCIL Approved
I City of Fort Worth - Action Details
File #:
Type:
Title:
Mover:
Resulk:
Agenda note:
Minutes note:
MC 240231 Version: 1
Land - Report of CM
Result Action Details Meeting Details Video
Acton details Meeting details �,O, Video
-P
(Future CD 10) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and
Consider Adapting ordinance for the Proposed Owner -Initiated Annexation of Approximately
18.49 Ares of Land in Denton County, Known as the Whitacre Tract, Located North of Did Denton
Road and West of Elizabethtown Cemetery Road, in the Far North Planning Sector, AX-23-010 {PUBLIC
HEARING - a. Report of City Staff: Stuart Campbell; b• Public Comment; c. Council Action: Close Public
Hearing and Act on M&Q
Seconder:
Mayor Parker opened the public hearing.
a. Report of City- Staff
Stuart Campbell, Development Services Department, appeared before Council
and pro-Vided a staff report.
b. Public Comment
There -sere no public conunents-
C. Council Action
Action: Approved
Action text: Council Member Blaylock made a motion, seconded by Council Member Williams, that the public
hearing be closed, M&C 24-0231 be approved. Motion passed 11-0.