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HomeMy WebLinkAboutContract 62688CSC No. 62688 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND SOUTHWEST PASTURE LTD ONCOR ELECTRIC DELIVERY COMPANY LLC This Municipal Services Agreement ("Agreement") is entered into on 14tn day of January 2025 by and between the City of Fort Worth, Texas, a home -rule municipality of the State of Texas, ("City"), Southwest Pasture LTD., a Texas limited partnership, ("Owner") and Oncor Electric Delivery Company LLC ("Oncor"). 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 and Oncor own certain parcels of land situated in TARRANT County, Texas, which consists of approximately 108.610 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 and Oncor have filed a written request with the City for full -purpose annexation of the Property, identified as Annexation Case No. AX-24-013 ("Annexation Case"); WHEREAS, Owner has requested Oncor participate in the Annexation case for the Property due to the shape of the Oncor-owned Property, and Oncor has agreed to do so; WHEREAS, City, Owner, and Oncor 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, Owner, and Oncor agree as follows: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Owner -Initiated Annexation Service Agreement 1 of 13 42328808v.2 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. 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 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. Owner -Initiated Annexation Service Agreement 2 of 13 42328808v.2 viii. Roads and Streets (including Street li2htin2) — 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 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 and Oncor understand 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. e. Nothing herein shall be interpreted to require Oncor to construct anything on its Property to allow for City to provide 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, Owner, and Oncor represent that they have full power, authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement. Owner and Oncor acknowledge 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 Owner -Initiated Annexation Service Agreement 3 of 13 42328808v.2 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. 8. GOVERNING LAW AND VENUE. Venue for this Agreement 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, Oncor, 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 ("Effective Date"). Owner -Initiated Annexation Service Agreement 4 of 13 42328808v.2 CITY OF FORT WORTH Dana &zaHG%OAC By:,,. Bu ehdoff Uan 2 . 02515:33 CST) Name: Dana Burandoff Assistant City Manager Approved as to Form and Legality: By:��c� Name: Melinda Ramos Deputy City Attorney Approvals: M&C: By: 25-0008 Ordinance No. By: 27422-01-2025 By: Derek Hull(Jan23,��5:27 CST) Name: Derek R. Hull any Contract Manager aFotf'"'ko ppa* ° *tld 0artyy�pe54d By: Name: Jannette S. Goodall City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Owner -Initiated Annexation Service Agreement 42328808v.2 5of13 State of Texas § County of Tarrant § This instrument was acknowledged before me on the 24th day of January 2025, by Dana Bur2hdoff. Assistant Citv Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. Suce� By: �7 Notary Public, State of Texas Owner -Initiated Annexation Service Agreement 42328808v.2 o`"aYP oL TIFFANY BACON 2 p Notary Public * �[� + STATE OF TEXAS 9�oF�Notary I.D. 128261860 My Comm. Exp. Jan. 20, 2027 - - - - - - - - - - - - 6of13 SOUTHWEST PASTURE LTD., a Texas limited partnership By: CASSCO MANAGEMENT COMPANY, LLC, a Texas limited liability company, its general part r By: Crawford H. Edwards Manager By: ,. Paxton Motheral Manager State of Texas County of feLyYdAt This instrument was acknowledged before me on the ZVA day of 00 6W , 2024, by Crawford H. Edwards, Manager of Cassco Management Company, LLC, a Texas limited liability company and general partner, on behalf of Southwest Pasture LTD., a Texas limited partnership. By: bV trm Notary Public, State of �S Owner -Initiated Annexation Service Agreement 42328808v.3 EMILY DOTSON ;8n Notary Public, State of Texas ' Comm. Expires 08-05-2028 ;,�i4, Pr ��,,,�,. Notary ID 130766642 7of14 State of Texas County 0f-f&r1(0- tt` This instrument was acknowledged before me on the 2-40day of C& -ober 2024, by Paxton Motheral, Manager of Cassco Management Company, LLC, a Texas limited liability company and general partner, on behalf of Southwest Pasture LTD., a Texas limited partnership. By:&dj�Q* C%01A Notary Public, State of -rwQ EMILY DOTSON ti�o1A;Y AV@` i S Notary Public, State of Texas Comm. Expires 08-05-2028 Notary I D 130766642 Owner -Initiated Annexation Service Agreement 8 of 14 42328808v.3 ONCOR ELECTRIC DELIVERY COMPANY LLC By: t � Name:. 1��s✓ 1� Title:,r;n v�L State of Texas § County of Tarrant § Thi, instrument was acknowledged before me on the IS day of Or _~�oSer. J�1 pr►•. a � by r—? I liar t 7 , Attornev-in-Fact on behalf of rancor Electric Delivery Comlaa v LLC. B y C Notary Public, State of Texas LAURA DELAPAZ a�:�Notary Public, State of Texas q T Comm. Expires 12-30-2025 ��• ;��,;; Notary ID 11129575 (honer -Initiated Annexation Service Agreement 9 of 14 After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Owner -Initiated Annexation Service Agreement 10 of 13 42328808v.2 EXHIBIT A DESCRIPTION FOR ANNEXATION OF 108.610 ACRES OF LAND BEING a tract of land situated in the J.F. Heath Survey, Abstract Number 641, the G. Shields Survey, Abstract Number 1436, the J. Burnett Survey, Abstract Number 1923, the J.H. Shultz Survey, Abstract Number 1941, and the J. Wilcox Survey, Abstract Number 1742, Tarrant County, Texas, being a portion of two tracts of land described by deed to Southwest Pasture LTD., recorded in Instrument Number D212318326 (Tract 1 remainder and Tract 2) and being a portion of that tract of land described by deed to Texas Electric Service Company, recorded in Volume 2974, Page 298 (Tract 1), both of the County Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the most westerly northwest corner of said Tract 1 remainder, the southwest corner of the remainder of that tract of land described by deed to City of Fort Worth, recorded in Volume 12782, Page 157, the northeast corner of that tract of land described by deed to City of Fort Worth, recorded in Instrument Number D205118476 and D207140864 (Parcel 98-PT1), and the southeast corner of that tract of land described by deed to State of Texas, recorded in Instrument Number D210052046, all of said County Records, and being in the east right-of-way line of State Highway 121 (Chisholm Trail Parkway, a variable width right-of-way); THENCE N 89032'27"E, at 370.67 feet, passing an "ell" corner in the west line of said Tract 1 remainder and the southeast corner of said City of Fort Worth remainder, in all, a total distance of 925.45 feet; THENCE over and across said Tract 1 remainder, the following courses and distances: S 09°52'29"W, 774.94 feet, to the beginning of a curve to the right; With said curve to the right, an arc distance of 266.36 feet, through a central angle of 27°00'40", having a radius of 565.00 feet, the long chord which bears S 23°22'49"W, 263.90 feet; S 36053'09" W, 1547.13 feet, to the beginning of a curve to the left; With said curve to the left, an arc distance of 378.00 feet, through a central angle of 47°36'00", having a radius of 455.00 feet, the long chord which bears S 13°05'10"W, 367.23 feet; S 10042'50"E, 82.40 feet, to the beginning of a curve to the right; With said curve to the right, an arc distance of 127.93 feet, through a central angle of 10023'48", having a radius of 705.00 feet, the long chord which bears S 05030'56"E, 127.75 feet; S 00019'03"E, 573.20 feet; Westwood Job No. 0057147 Ft. Worth, Tarrant County, Tcxas EXHIBIT PURPOSES ONLY Docember 04, 2024 Page 1 of Owner -Initiated Annexation Service Agreement 11 of 13 42328808v.2 EXHIBIT A Continued S 45°19'03"E, 28.28 feet, to the north right-of-way line of Oakmont Boulevard (120 foot right-of-way); THENCE S 89040'57"W, 2050.20 feet, with said north right-of-way line, to the southwest corner of aforementioned Southwest Pasture Tract 2 and the southeast corner of that tract of land described by deed to City of Fort Worth, recorded in Instrument Numbers D205118476 and D207140864 (Parcel 98-PT2), and being in the aforementioned cast right-of-way line of State Highway 121 (Chisholm Trail Parkway); THENCE with said east right-of-way line, the following courses and distances: N 31 °39'40"E, 938.55 feet, to the beginning of a curve to the right; With said curve to the right, an arc distance of 512.44 feet, through a central angle of 05"1329", having a radius of 5619.58 feet, the long chord which bears N 34016'25"E, 512.27 feet; N 36°53'09"E, at 229.80 feet, passing the northerly corner of said Tract 2, at 307.63 feet, passing the most westerly comer of aforementioned Southwest Pasture Tract 1 remainder, in all, a total distance of 1591.21 feet, to the beginning of a curve to the left; With said curve to the Icft, an arc distance of 528.18 feet, through a central angle of 07°36'04", having a radius of 3981.37 feet, the long chord which bears N 34°49'22"E, 527.79 feet; N 31 °01'20"E, 480.56 feet, to the beginning of a curve to the left; TH ENCE with said curve to the left, an arc distance of 76.17 feet, through a central angle of 02°09'38", having a radius of 2019.86 feet, the long chord which bears N 29*56131 "E, 76.16 feet, to the Point of Beginning and containing 4,731,053 square feet or 108.610 acres of land more or less. "Integral Parts of this Document" I. Description (2 Pages) 2. Exhibit "This document was prepared under 22 Texas Administrative Code 138.95(5), does not reflect the results of an on the ground survey, and is not to be used to convey or establish 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." Westwood Job No. 0057147 Ft. Worth, Tarrant County, Texas ..I-, /Z--`. EXHIBIT PURPOSES ONLY December 04, 2024 Page 2 of 3 Owner -Initiated Annexation Service Agreement 12 of 13 42328808v.2 0 700 1400 GRAPHIC ALE IN FEET TODD•RIDG H 4940 EXHIBIT A Continued "•Inlegrol Ports of this Document" I. Description (2 Pages) 2. Exhibit JW w yJ� to 2W WP )` s7' r • K JI �• moo a� a P. 0• B. APPRox (IIY LIMITS ITYPI / UNINCORPORATED / 2 - — - —APPROx SURVEY �' LINE (i YPI tor tow 23 �, 61110t,06 SURVEY O.wrrun S*Wh A6010. aw.• DWZJ" A061`RAGT NO. 1 436 CRJLl. I Cry Of Far fwnn rt8xe0rMarr CAlll. • • CITY( OF FORT WORTH- yC Quarry -i �W bA nN ok �a b - q, No COMPANY 6URVEY QQ�%,C?cj. - , AWRAGf NO. 632 :?' a d" y�� �`� p'V>_ I caae�eu 9 0 4 C4 S a �'r ohs mil° v Cr' o > n i C4\ SoNn kn o `- P M20 03 cA �eoFQ oi0 rGo`�� `L W, 4 Iry e �O e, C QQ� . 4j��YtJ J•40 0.,cg 108-610 Acres \ 1 0 Posture LTD - Southwest (Tract 2) I \\ Inst. • D212318326 �- I, =IXY OF FOa woatM-------------- ------ Oakmont Boutevard "This document was prepared under 22 Texas Admiistrolive Code 138.95(5), does not rellecl the results of on on the ground survey, and is not to be used to convey or estobwsh interests in rodproperly except those rights and interests implied or estoblished by the creation or reconfigurotion of the boundary of the political subdivision for which it was prepared." CR.7Ll. `1hhb ; z e 1 y � H I 4C 1�°P �• K S ryV W � -!, : I n be 'I iAa �4i A. I < 0 FY A "LP ? ery A APPROx CITY _•� • LIMITS ITYPI +d• 4 / Orerron Saln AvOeq» OE j oq V. JBB iKt,Pp�23 qT CR.rrl. C axt 21 orerA3n -Wh AWNIM Aw• f>a e9 1 I cAl.C.T.ca. i I , Exhibit for Mnexotion of 108.610 Acres of Land Westwood Situated the J.F. Heath Survey, Abstract Number 641, the Shields Survey, Abstract Number 1436, thee19 J. Burnett Survey, Abstract Number 1923, the J.H. $hull= Survey, Abstract Number 1941, and the J. Wilcox Survey, Abstract Number 1742, YMreseW 1,11kalsnd fielMaA Im Torronl County, Texas. wroMluwoaoPAwawY.slxle sse 413"JOB N 0057147 (DRAWN BY: TBR `CHECKED BY: TAB (DATE: 12-04-2024IPAGE N 3 of 3 PHRIll?,tW.W0f4i(ERAllsvwsu~swu,--txruv^ \IOU01LNA t+ Tlr.rmi. 3sv11vu Owner -Initiated Annexation Service Agreement 13 of 13 42328808v.2 City of Fort Worth, Texas Mayor and Council Communication DATE: 01/14/25 M&C FILE NUMBER: M&C 25-0008 LOG NAME: 06AX-24-013 OVERLAND, OWNER -INITIATED SUBJECT (Future CD 6) Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting an Ordinance for the Proposed Owner -Initiated Annexation of Approximately 108.610 Acres of Land in Tarrant County, Known as Overland, and Approximately 44.368 Acres of Adjacent Right -Of -Way, Located Along the Eastern Edge of Chisholm Trail and North of Oakmont Boulevard, in the Wedgwood Planning Sector, AX-24-013 (PUBLIC HEARING - a. Report of City Staff: Derek Hull; b. Public Comment; c. Council Action: Close Public Hearing and Act on the M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct public hearing for the proposed owner -initiated annexation of approximately 108.610 acres of land in Tarrant County, known as Overland, and approximately 44.368 acres of adjacent right-of-way, located along the eastern edge of Chisholm Trail and north of Oakmont Boulevard, as shown on Exhibit A; 2. Authorize execution of municipal services agreement between the City and property owners, Southwest Pasture LTD and Oncor Electric Delivery Company LLC; and 3. Adopt ordinance annexing AX-24-013 for full purposes. 1] 6Y0i11:1.i Is] ►F On September 16, 2024, representatives for the property owners Southwest Pasture LTD and Oncor Electric Delivery Company LLC, 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. The site is part of an enclave and is located along the eastern edge of Chisholm Trail and north of Oakmont Boulevard. The owner -initiated annexation contains approximately 108.610 acres of private property and 44.368 acres of right-of-way (Hwy 121/Chisholm Trail), totaling 152.978 acres. The proposal is consistent with criteria as established by the City's Annexation Policy. The first annixation policy criterion is that of being part of an enclave. The second criterion is that of the site being proposed for urban development. The subject area is currently agricultural land and the property owner's proposal of commercial development is consistent with the Mixed -Use designation on the future land use map of the 2023 Comprehensive Plan. The companion zoning case (ZC-24-167) was heard by teh Zoning Commission on January 8, 2025, the related zoning case (ZC-24-167). The Zoning Commission recommended approval of the requested zoning of the unzoned area to "G" Intensive Commercial Zoning District. 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.he 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, inlcuding Police and Fire, will be provided by the City.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. 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 ten-year fiscal impact analysis was prepared by the FWLab with the assistance of other City Departments. FWLab has concluded that given the positive projected impact on the General Fund post -construction, staff recommends proceeding with the annexation of Overland. Due to the ability of the area to meet the City's criteria for full - purpose annexation as stated in Appendix F: Annexation Policy and Program of the 2023 Comprehensive Plan, staff recommends approval of the requested owner -initiated annexation, AX-24-013. The City Council will conduct a public hearing on the proposed annexation to allow persons intereted in the annexation an opportunity to be heard. Notice of the public hearing has been posted in accordance with section 43.0673 of teh TLGC. Upon conclusion and closre of the required public hearing, teh City Council may take final action on the ordinance annexing AX-24-013 for full purposes and the municipal services agreement. Upon annexation, this property will become part of COUNCIL DISTRICT 6. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that 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: Leo A Valencia 2497