HomeMy WebLinkAboutContract 61849CSC No. 61849
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS
AND
TRT LAND INVESTORS, LLC
This Municipal Services Agreement ("Agreement") is entered into on 13tn day of
August 2024 by and between the City of Fort Worth, Texas, a home -rile
municipality of the State of Texas, ("City") and TRTLAND INVESTORS, 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 of land situated in TARRANT County,
Texas, which consists of approximately 3.36 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-24-003 ('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 1 of 9
CITY SECRETARY
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. EmerRencv Medical Services - The City's Fire Department and MedStar (or
other entity engaged by the City after the Effective Date) will provide emergency
medical services.
iv. Planning and Zoning — The City's Development Services Department will
provide comprehensive planning, land development, land use, and building
review and inspection services in accordance with all applicable laws, rules,
and regulations.
v. Parks and Recreational Facilities. Residents of the Property will be permitted
to utilize all existing publicly -owned parks and recreational facilities and all such
facilities acquired or constructed after the Effective Date (including community
service facilities, libraries, swimming pools, etc.), throughout the City. Any
private parks, facilities, and buildings will be unaffected by the annexation;
provided, however, that the City will provide for maintenance and operation of
the same upon acceptance of legal title thereto by the City and appropriations
therefor. In the event the City acquires any other parks, facilities, or buildings
necessary for City services within the Property, the appropriate City department
will provide maintenance and operations of the same.
vi. Other Publiclv Owned Buildings. Residents of the Property will be permitted
to use all other publicly owned buildings and facilities where the public is
granted access.
vii. Stormwater Utilitv 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
Owner -Initiated Annexation Service Agreement 2 of 9
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 9
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 9
CITY OF FORT WORTH
a a��/,,,///ppp l�v
By. Dana Burghdoff (Au20241i.36 CDT)
Name: Dana Bur2hdoff
Title: Assistant Citv Manager
Approved as to Form and Legality:
Name: Melinda Ramos
Deputy City Attorney
Attest:
ann
qo� FORr &
�o
_
P��4 tEXA?oGp
Name: Jannette Goodall
City Secretary
Derek Hull (Aug 14, 202411:24 CDT)
Name: Derek R. Hull
Contract Manager
Approvals:
M&C: 24-0616
Ordinance No.27062-08-2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Owner -Initiated Annexation Service Agreement 5 of 9
State of Texas
County of Tarrant
This instrument was acknowledged before me on the 15th day of August 20 24
by Dana Bur2hdoff. Assistant Citv Manaeer of the Citv of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
By: Brooke Bonne II(Aug 15, 202415:53 CDT)
Notary Public, State of Texas 1�9
BROOKE BONNELL
Notary Public
STATE OF TEXAS
Notary I.D. 134009525
My Comm. Exp. Oct. 11, 2026
Owner -Initiated Annexation Service Agreement 6 of 9
TRT LAND INNESTORES, LLC
By: L-Re
Name: K. Tavlor Baird
Title: Property Manager
State ofC-
i� �p�,�
County of —Q)L t1.�
This instrument was acknowledged before me on the day of I I IO,� , 202
by K. Tavlor Baird. Property Manager, on behalf of TRT LAND INVESTORS, LLC.
Notary Public, State of Qgkvalc�
Owner -Initiated Annexation Service Agreement 7 of 9
EXHIBIT A
A '
G.
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9 LOT 18, 3LOCK 26
VENTANA, PHASE 5A--�,,
C.C.gD221277917 �r
tGT 37G' PMB VEALE LAND P.R.T.Z.T.
INVESTORS 1 L' ,
-�--- C.G.$ D221245150 s�1
O.P.R.T.C.T. 398� '-4BPOINT OF
BEGINNING
5/a"CIRF
"LJA SURVEYING"
3,360 ACRES 1+1
is (146.349 SO.FT.) m
PM9 VENTANA DEVELOPER
'L SOUTH LLC
C.C.OD221025481
O.P.R.T.C.T.
O�� N
TRT LAND INVESTORS, LLC
s/e'clRr C.C.# D221245221 0
'LJA SURVEYING' O.P.R.T.C.T. rn
1>'
A??x OXIMATE
-- - SWRVEY LINK • V'. —
W
GO
W Sy�� Sy4
99L.
Yc y RPG� �'a E R�pGt
n r05
LEGEND
IRF IRON ROD FOUND
CLRF CAPPED IRON ROD FOUND
O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS,
TARRANT COUNTY. TEXAS
P.R.T.C.T. PLAT RECORDS.
TARRANT COUNTY. TEXAS
C.C.j COUNTY CLERK'S FILE NO.
IEMMO Of BEAIDMn 13 =0 MO[[M. =AAS STATE FUME CDOB W= SYSTEH OF IBB7, MDRTN CENRIAI.
20M (Wal (MI) SFOCB 2010)6 AS DETUNM BY MPS 094C VATIORL ALL =TA"= 00" AM
7K NMW OF 1NE APP=I ON OF A CaMBwMm SCALE FACTM OF 1.DODIL
DATE: 02MIZU24 EXHIBIT MM A MM
��
PAGE
DRY.'NBY. jSAT. 3.360AGiE5
j UA Sumay". Inc.
a • It. THE SAE A M.o, AR. CO. SURVEY. ANSTRACT No. 19o3
CHKb Y ...C,Q,
2 '-O -- AMD T4E I-F. ROAA SURVEY. A;STRA CT %D. 1357
0:7 /'1t:1±h fip. d Fsra, 1}��. 1.l1Cra
OF
i>k'11 N6. � 0171 TANAAYT GOUTY, TEXAS
Fa -I I•b:z1 It,>r 'i_G IH.?I;.L S.�rn IL Ipf_4!l
Owner -Initiated Annexation Service Agreement 8 of 9
EXHIBIT A
Continued
3.360 ACRES
BEING A 3.360-ACRE TRACT OF LAND SITUATED IN THE T. F. ROGERS SURVEY, ABSTRACT NO.
1357 AND THE S.A. & M.G. R.R. CO. SURVEY, ABSTRACT NO. 1903, TARRANT COUNTY, TEXAS,
AND BEING A PORTION OF TRACT OF LAND DESCRIBED TO TRT LAND INVESTORS LLC BY DEED
RECORDED IN COUNTY CLERK FILE NO. D221245221 OF THE OFFICIAL PUBLIC RECORDS OF
TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT A 5/8-INCH CAPPED IRON ROD STAMPED "LJA SURVEYING" FOUND ON THE
EASTERLY LINE OF SAID TRT LAND INVESTORS TRACT, SAME BEING THE SOUTH COMMON
CORNER OF VENTANA PHASE SA, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT
COUNTY, TEXAS AS SHOWN BY PLAT RECORDED IN COUNTY CLERIC FILE NO. D221277917, PLAT
RECORDS OF TARRANT COUNTY, TEXAS AND A TRACT OF LAND DESCRIBED TO FMB VEALE
LAND INVESTORS 1 LP BY DEED RECORDED IN COUNTY CLERK FILE NO. D221245180 OF SAID
OFFICIAL PUBLIC RECORDS;
THENCE SOUTH 00°32'23" EAST, WITH SAID EASTERLY LINE, A DISTANCE OF 835,53 FEET;
THENCE NORTH 29'01'22" WEST, OVER AND ACROSS SAID TRT LAND INVESTORS TRACT, A
DISTANCE OF 734.48 FEET T O THE SOUTH LINE OF SAID PMB VEALE LAND INVESTORS TRACT,
FROM WHICH A 5/8-INCH CAPPED IRON ROD STAMPED -ILIA SURVEYING" FOUND FOR THE
SOUTHERNMOST CORNER OF SAME TRACT BEARS SOUTH 60°58'38" WEST, A DISTANCE OF
1253.88 FEET;
THENCE NORTH 60'58'38" EAST, WITH SAID SOUTH LINE, A DISTANCE OF 398.51 FEET TO THE
POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 3.360 ACRES (146,349 SQ.
FEET) OF LAND.
THIS DOCUMENT WAS PREPARED UNDER 22 TEXAS ADMINISTRATIVE CODE §138.95, DOES NOT REFLECT
THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISI-I
TBPELS ACTS AND RULES PAGE 97 OF 109 UPDATED APRIL 1, 2021 INTERESTS IN REAL PROPERTY EXCEPT
THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF
THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED.
Aaron own, R.P.L.S.
Registered Professional Land Surveyor- o l
tw,,....... T
Texas Registration No. 6702
LJA Surveying Inc.
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r;
3017 West r Street, Suite 300
••••• • • •• ••••••••=•
•...... •c:.sRowv••
For, Worth Texas 76107
682-747-0800
TEIPELS Firm No. 101943B2
: o 6702
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S:WTX LAND10171MOSURVEY1230 Legal D0Cdptbr51A171F_C18-' x
Page 1 of 2
February 1, 2024
Owner -Initiated Annexation Service Agreement 9 of 9
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/13/24 M&C FILE NUMBER: M&C 24-0616
LOG NAME: 06AX-24-003 VENTANA PHASE 8, OWNER -INITIATED
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 3.36 Acres of Land in Tarrant County Known as Ventana Phase 8, Located within Veale Ranch, South
of Interstate 20, and Northwest of Highway 377, in the Far West Planning Sector, AX-24-003
(PUBLIC HEARING - a. Report of City Staff: Derek Hull; 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 3.36 acres of land in Tarrant County located within
Veale Ranch, south of Interstate Highway 20 and northwest of Highway 377, as shown on Exhibit A;
2. Authorize execution of Municipal Services Agreement between the City and TRT Land Investors, LLC; and
3. Adopt an ordinance annexing approximately 3.36 aces (AX-24-003) for full purposes.
11610111► 4leikiF
On April 26, 2024, representatives for the property owners, TRT Land Investors, LLC ("Owners") submitted a request for full -purpose annexation of
the property shown on Exhibit A into the City of Fort Worth. The subject property is located entirely in that portion of the City's extraterritorial
jurisdiction which is in Tarrant County and situated within Veale Ranch, south of Interstate Highway 20 and northwest of Highway 377. Veale Ranch
is subject to a development agreement, City Secretary Contract No. 59003, "the Vele Ranch Development Agreement." The owner -initiated
annexation consisting of approximately 3.36 acres, is consistent with the urban development annexation criteria as established by the City's
Annexation Policy. The subject area is currently agricultural land. This 3.36-acre site is also part of the larger Ventana 8 development which is
already within Fort Worth city limits and will be developed for residential uses.
The proposed land use of residential development is inconsistent with the 2023 Comprehensive Plan future land use map. In accordance with
Chapter 2, Section 2-70 of the City Code, the City Plan Commission will make a recommendation to the City Council on proposals for voluntary
annexation that are inconsistent with the comprehensive plan. On May 22, 2024, the City Plan Commission voted to recommend approval of the
inconsistent land uses proposed in annexation case AX-24-003. The 2023 Comprehensive Plan identifies the future land use for this site as Open
Space and Infrastructure. While the proposed residential development is inconsistent with the 2023 Comprehensive Plan, the development is
compatible with the current surrounding uses and is consistent with the Concept Plan approved by the City Council as part of the Veal Ranch
Development Agreement.
In accordance with the Veale Ranch Development Agreement, the Owner, upon submission of preliminary plat PP-24-002, requests for full
purspose annexation. The Plan Commissino approved preliminary plat PP-24-022 on May 24, 2024.
The companion zoning case (ZC-24-045) was heard by Zoning Commission on June 12, 2024. The Zoning Commission recommended approval
to the City Council of the requested zoning of the unzoned area to "PD 1169" Planned Development/"A-5" One -Family and "R1" Zero Lot
line/Cluster with development standards not to exceed 30% R1 development and lot coverage not to exceed 60%; plan waived. The
companion zoning case is scheduled for public hearing by the City Council on August 13, 2024.
The City is annexing the property under the authority granted in Subchapter C-3 of Chapter 43 of the Texas Local Government Code (TLGC)
wherein it provides for the process of annexation of an area upon a request of an owner of land. Section 43.0672 of the TLGC requires a
municipality that elects to annex an area upon the request of an owner to 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 attached municipal services agreement includes these provisions in accordance with state law.
The site proposed for annexation is located fully within the City of Fort Worth's Certificate of Convenience and Necessity (CCN) which grants the
City exclusive rights to provide retail water and/or sewer utility service. The site is also within the 20-Year Planned Service area as identified in the
2023 Comprehensive Plan.
The proposed uses were considered while assessing the financial impact to the General Fund. A fiscal impact analysis was prepared by the
FWLab Planning Division with the assistance of other City Departments. Annual impacts on the General Fund are expected to be positive
following construction, based on the information provided by City departments and the developer. Due to the ability of the area to meet the City's
criteria for full -purpose annexation, staff recommends that the Ventana Phase 8 (AX-24-003) be considered for annexation.
The City Council will conduct a public hearing on the proposed annexation to allow person interested in the annexation an opportunity to be heard.
Notice of the pubilc hearing has been posted in accordance with section 43.0673 of the TLGC. Upon conclusion and closure of the required public
hearing, the City Council may take final action on the ordinance annexing AX-24-003 for full purposes and the muncipal services agreeemnt.
If annexed, this property will become part of COUNCIL DISTRICT 3.
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 negative 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:
Expedited