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HomeMy WebLinkAbout065478 - Construction-Related - Contract - Valley Industrial PartnersCSC No. 65478 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS �c VALLEY INDUSTRIAL PARTNERS This Municipal Services Agreement ("Agreement") is entered into on 23rd day of June , 2026 by and between the City of Fort Worth, Texas, a home -rule municipality of the State of Texas, ("City") and VALLEY INDUSTRIAL PARTNERS ("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 48.587 acres of land in the City's extraterritorial jurisdiction, such property being more particularly described and set forth in Exhibits "A" and "B"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-26-002 ("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 available municipal services to the Property in accordance with accomplished through any means permitted by law. For purposes Owner -Initiated Annexation Service Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX for the delivery of full, Late law, which may be :)f this Agreement, "full 1of13 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. Emergency Medical Services — The City's Fire Department and MedStar (or other entity engaged by the City after the Effective Date) will provide emergency medical services. iv. Planning and Zoning — The City's Development Services Department will provide comprehensive planning, land development, land use, and building review and inspection services in accordance with all applicable laws, rules, and regulations. v. Parks and Recreational Facilities — Residents of the Property will be permitted to utilize all existing publicly -owned parks and recreational facilities and all such facilities acquired or constructed after the Effective Date (including community service facilities, 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 Owner -Initiated Annexation Service Agreement 2 of 13 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 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 Owner -Initiated Annexation Scrvice Agreement 3 of 13 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 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 13 CITE' OF FORT WORTH By: C)_ Name: Jesica McEachern Assistant City Manager Approved as to Form and Legality: By: ,mod Name: Melinda Ramos Deputy City Attorney Approvals: M&C: By: 26-0553 Ordinance No. By: 26-28622 By • Stephen 26 2026 10 17 27 CDT) Name: Stephen Murray Contract Manager 449o�aQu 09.1 d B� pro°=d Name: Jannette S Goodall QaQIl nFano44� City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Owner -Initiated Annexation Service Agreement 5 of 13 State of Texas County of Tarrant § This instrument was acknowledged before me on the 6th day of July , 2026 by Jesica McEachern , Assistant CitV Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. p Tiffany Bacon BJ • Tiffany Bacon (Julio 2026 13:09:43 CDT) Notary Public, State of Texas Pa�P o TIFFANY BACON pp Notary Public STATE OF TEXAS GVV h Notary I.D. 12a261860 FOFW my Comm. Exp. Jan. 20, 2027 Owner -Initiated Annexation Service Agreement 6 of 13 VALLEY INDUSTRIAL PARTNERS By: Name: Kyle Valley Title: Founder & Managing Partner State of tY4_S § County of This instrument was acknowledged before me on theaS'14` day of McLV , �aa�, by Kyle Vallev. Founder & Managing Partner, on behalf of Valley Industrial Partners. By: U� � � � • MASON ^ PAMELA M. MAS Notary Public, State of T Y,.;,s '� M!' Nan IQ # 2520025 ` Expires June 28, 2828 Owner -Initiated Annexation Service Agreement 7 of 13 EXHIBIT A LEGEND \ P O.B. - POINT OF BEGINNING t \ IRF = IRON ROD FOUND ADF - ALUMINUM DISK FOUND 0 75 150 DOUBLE EAGLE TH LLC PART OF (INST. NO. 2022-76698) GRAPHIC SCALE IN FEET CALLED 99.866 ACRE TRACT JEFFREY JUDGE \ (INST N0201G-30G4) KEVIN PETERSON (INST. NO.2016-3091)OLP P.O.B. (IN \ REAL ESTATE, LTD. (INST. NO. 2007-55420) A°F \\ L1 F ADF / PART OF k/dF Q / CALLED 99.866 ACRE FFREY JUDGE RACT C7 R7G/yrOF �,S6 G (INST. NO2016-3064) 1Y/ KEVIN PETERSON 2.5696 ACRES (INST_ NO 2016-3091) OLP REAL ESTATE, LTD. 111,931 SQ. FT. ANE (INST. NO. 2007-55420) ADF S25°58'23"W 353.11' 'iW IRF S23°44'13"W 562.34' OLD FM ROAD NO. 156 (A VARIABLE WIDTH RIGHT-OF-WAY) BURLINGTON NORTHERN SANTA FE RAILROAD NOTES Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A metes and bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes and bounds of the surveyed tract. MICHAEL CLEO BILLINGSLEY REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6558 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335-6511 michael.billingsley@kimley-horn.com / 'It �15T6gF•. C .................................. OICHAEL CLEO BILLINGSLEI �0 6558 aPfQ- LINE TABLE NO BEARING LENGTH L1 N13-11'18"F 127,02' CURVE TABLE NO RAUIUS DELTA CHORD BEARING CHORD LENGTH Ci 2401.83' 13 40'41" N49'02'S3"E 572.02' 573,35' C2 95B 00' 20 37'4B" N13'29'03'W 343 38' 344.94' 2.5696 ACRE TRACT P M SMITH SURVEY ABSTRACT NO. 1170 DENTON COUNTY, TEXAS Owner -Initiated Annexation Service Agreement 8 of 13 EXHIBIT A Metes & Bounds LEGAL DESCRIPTION BEING a 2.5696 acre (111,931 square foot) tract of land situated in the P M Smith Survey, Abstract No. 1170, Denton County, Texas; said tract being part of that called 99.866 acre tract described in Special Warranty Deed to Jeffrey Judge recorded in Instrument No. 2016-3064, Special Warranty Deed to Kevin Peterson recorded in Instrument No. 2016-3091 and Quitclaim Deed to OLP Real Estate, Ltd. recorded in Instrument No. 2007-55420; all of the Official Public Records of Denton County, Texas; said tract being more particularly described as follows: BEGINNING at an aluminum disc stamped "TXDOT" found at the east end of a right-of-way corner clip at the intersection of the south right-of-way line of FM Road No. 156 (a 210-foot wide right-of-way) and the relocated east right-of-way line of Old FM Road No. 156 (a variable width right-of-way); said point being the beginning of a non -tangent curve to the left with a radius of 2,401.83 feet, a central angle of 13°40'41", and a chord bearing and distance of North 49°02'53" East, 572.02 feet; THENCE in a northeasterly direction, along the said south line of FM Road No. 156 and with said non -tangent curve to the left, an arc distance of 573-38 feet to an aluminum disc stamped "TXDOT" found for corner in the former east right-of-way line of Old FM Road No. 156, THENCE South 23'44'13" West, along the said former east line, a distance of 562.34 feet to a 3/8-inch iron rod found for corner; THENCE South 25°58'23" West, continuing along the said former east line, a distance of 353.11 feet to an aluminum disc stamped "TXDOT" found at the beginning of a non -tangent curve to the left with a radius of 958.00 feet, a central angle of 20°37'48", and a chord bearing and distance of North 13°29'03" West, 343.08 feet; said point being in the said relocated east line; THENCE in a northerly direction, along the said relocated east line and with said non -tangent curve to the left, an arc distance of 344.94 feet to an aluminum disc stamped "TXDOT" found for corner at the south end of said corner clip; THENCE North 13'11'18" East, along said corner clip, a distance of 127.02 feet to the POINT OF BEGINNING and containing 111,931 square feet or 2.5696 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes and bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the surveyed tract. MICHAEL CLEO BILLINGSLEY REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6558 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335-6511 michael.billingsley@kimley-horn.com ST�RF� OICHAEL CLEO BILL4NGSLE) ---------------------------------- 4 6558 �,C�0- 2.5696 ACRE TRACT P M SMITH SURVEY ABSTRACT NO. 1170 DENTON COUNTY, TEXAS DRUMMOND, DASHAWN 3f3W2020 10.12 AM V\KIMLEY-HORNICN FTMFTVV SURVEY1060069201-VALLEY JUDGE TRACT IDWrWUQ009291-VALLEY JUDGE TRACT ANNEX TR 11)WO Owner -Initiated Annexation Service Agreement 9 of 13 EXHIBIT B 0 / LL / ro NI° N p of } Lw l o E1 Q� M w OFs a s 7 �(` ^ �00 Q w C%} Z o ti° p 0 Z z ❑ `P U2ZU c9�Zz o Q~ H �' U Q m z?O�� a U (n Q a- F- Z z 0r od C/) 0 OwUVYiO C7 zz23,o Q 0 rr U Z Z W 4 rn C a m 0 4 r r a N O u n 4 U U� m LU U�oU�LL <�o co Nlry 0 p p- o ff � � N I � LL CC N J al to z LL LL � U o O Z LL C W T , O N ❑ r H a) I O N Y WUcn d E dlX 04 (0V N U m (D UJ :- U LN M O O C (� o JE N _LO } d C Q VJ SA S�ECO tJRJEJ I O ii A U N 4-0T �1TO N U 4 Al 0 C?_ ) �, U1 N M S� C) I z o} L Z w d a ro P Pgs Q c m (D _oo OBI (Da)NcnZ�m n wc�sOMw�n c� m m 2 �° c u�i °? pis 6 0 iti C � Q a O<Ory W N(/JN I H� 73 7 L i N N N p (D C L6 O < Er O LL O J O © ,� a O L L4 3 C N O a E 7 7 LL MLLZZZQz I O ZH J W M CO U (U {C m N w pLLU)LuW W J�z�z0- ? I w J O—LO (` I J i J• ,• N U ;'"— IC 0 J y.� 7 w U�] :u � m :ao N by r / d :CO to •fA �i 3 � O LU I E cn o r U J H } w O co : Q N V 0) v CV W z 00 O si Y a oN m � ° t LL Z O 0 CO I z Lu O W 0 Q Y C)ry O 7p 7 Q wOX N Uz �j PgSq. ��ry0�t23� 7 I a 0� r~ N W W W= O N QRJ RJE . P�5 C11 U W > ch Q 'n s� _ E�01G N wwZ)W rim o _ N Q 6/)c6 °z C) 0 Zr—� V MATCH LINE (SEE SHEET 47 � J 03 D LL O a 'F 0 Owner -Initiated Annexation Service Agreement 10 of 13 EXHIBIT B Continued MATCH LINE (SEE SHEET 3) �o ° tp I �E C�a r lf') (n w OZ a W LL �WZIz��a O� v Q toy LLI 0 CY �o`nOM�� O Z Q w 0> N ~ Q O O f Q�oWOH� 00 W N W N W D £2 QD Z Z> Z J Z � O, O Z Z W� O �Q// Q F_ W ! N J�zYZaZ 0 "� C J F- Q z U LLL MI cf1 Q a� O m 0 _ O � a m 7E � A t D J � a ED W Q z o 0o O N W O 2 0 ❑ a Q Q ■��� m€ WO Z U ? O a < F- a w 0 U- o LL N 0- Y O U I ¢ U Q ID W � W O ❑ - - W O n z 7LOL U Z Z O z UO�ZZ z W W aW e W ZOOS o rn z W > s �Zp, W7 g(mQU Yz x Ui can _ 0002� OZ)W w N W ❑ M z Z Z D Z g U 20z 00a�J0 co m z 0 n u QU z II II W Cd W o a N > x o x OOLLWpg W a d Q U U o z x N N w LL z Yxa o Z O U O ❑ x co m w `� S W W W W O z z O Z J Owner -Initiated Annexation Service Agreement 11 of 13 EXHIBIT B Metes & Bounds LEGAL DESCRIPTION BEING a 46.0169 acre (2,004,498 square foot) tract of land situated in the P M Smith Survey, Abstract No. 1170 and MEP&P RR Co Survey, Abstract No. 1230, Denton County, Texas; said tract being part of that called 99.866 acre tract described in Special Warranty Deed to Jeffrey Judge recorded in Instrument No. 2016-3064, Special Warranty Deed to Kevin Peterson recorded in Instrument No. 2016-3091 and Quitclaim Deed to OLP Real Estate, Ltd. recorded in Instrument No. 2007-55420; all of the Official Public Records of Denton County, Texas; said tract being more particularly described as follows: BEGINNING at an aluminum disc stamped "TXDOT" found at the west end of a right-of-way corner clip at the intersection of the south right-of-way line of FM Road No. 156 (a 210-foot wide right-of-way) and the relocated west right-of-way line of Old FM Road No. 156 (a variable width right-of-way); THENCE South 77°00'20" East, along said corner clip, a distance of 95.67 feet to a 1/2-inch iron rod with "KAZ" cap found at the beginning of a non -tangent curve to the right with a radius of 878.00 feet, a central angle of 32°53'30", and a chord bearing and distance of South 08°1349" East, 497.14 feet; THENCE in a southerly direction, along the said relocated west line and with said non -tangent curve to the right, an arc distance of 504.03 feet to an aluminum disc stamped "TXDOT" found for corner in the former west line of Old FM Road No. 156; THENCE along the said former west line, the following five (5) calls: South 25°44'44" West, a distance of 158.24 feet to a concrete monument found for corner; South 24°08'41" West, a distance of 202.91 feet to a 1/2-inch iron rod with "JACOBS" cap found for corner; South 23°41'47" West, a distance of 1,027.34 feet to a concrete monument found for corner; South 21 °27'25" West, a distance of 834.52 feet to a 5/8-inch iron rod found for corner; South 24°10'28" West, a distance of 283.32 feet to a 3-inch metal fence post found for corner; said point being the north corner of that tract of land described in Warranty Deed to the City of Fort Worth recorded in Volume 2596, Page 436 of the Deed Records of Tarrant County, Texas; THENCE South 80°0439" West, departing the said former west line and along the north line of said City of Fort Worth tract, a distance of 337.34 feet to a 4-inch metal fence post found for corner in the east line of that tract of land described in General Warranty Deed to the City of Fort Worth recorded in Instrument No. 2003-181167 of said Official Public Records; THENCE North 00°36'48" East, along the said east line of the City of Fort Worth tract, a distance of 1,383.28 feet to a point for corner; THENCE North 00°29'37" East, continuing along the said east line of the City of Fort Worth tract, a distance of 782.26 feet to a 4-inch metal fence post found for corner in the south line of that called 10.258 acre tract of land described in Special Warranty Deed to Victaulic Company recorded in Instrument No. 2023-129169 of said Official Public Records; (CONTINUED ON SHEET 2) 46.0169 ACRE TRACT P M SMITH SURVEY, ABSTRACT NO. 1170 AND MEP&P RR CO SURVEY, ABSTRACT NO. 1230 DENTON COUNTY, TEXAS Owner -Initiated Annexation Service Agreement 12 of 13 EXHIBIT B Metes & Bounds Continued THENCE North 89°15'04" East, along the south line of said 10.258 acre tract, a distance of 648.73 feet to a 1/2-inch iron rod with "RPLS" cap found for corner; THENCE North 00°31'25" East, along the east line of said 10.258 acre tract, a distance of 504.76 feet to a 518-inch iron rod found in the said south line of FM Road No. 156; said point being the beginning of a non -tangent curve to the left with a radius of 2,401.83 feet, a central angle of 12°22'30", and a chord bearing and distance of North 67'41'11" East, 517.75 feet; THENCE in an easterly direction, along the said south line of FM Road No. 156 and with said non -tangent curve to the left, an arc distance of 518.76 feet to the POINT OF BEGINNING and containing 2,004,498 square feet or 46.0169 acres of land, more or less. NOTES Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes and bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the surveyed tract. MICHAEL CLEO BILLINGSLEY REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6558 801 CHERRY STREET, UNIT 11 SUITE 1300 FORT WORTH, TEXAS 76102 PH. 817-335-6511 michael.billingsley@kimley-horn.COm S TER•9� �Q�`r' � �O•SSti� OICHAEL CLEG BILLCNGSLE) ...........6558..... vr.... P P• 46.0169 ACRE TRACT P M SMITH SURVEY, ABSTRACT NO. 1170 AND MEP&P RR CO SURVEY, ABSTRACT NO. 1230 DENTON COUNTY, TEXAS Owner -Initiated Annexation Service Agreement 13 of 13 F©RT W©RTH. MAYOR AND CO NCIL CO NICAUON MMU 11.4 O R-INITIATED ANNEXATIO OF JUDGE TRACT IN NO TH FORT WORTH (AX- N 26-002) DATE: 06/23/26 M&C FILE NUMBER: M&C 26-0553 DEPARTMENT: DEVELOPMENT SERVICES 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 48.5865 Acres of Land, Approximately 13.2851 Acres of Old Blue Mound Road (Old Farm -to -Market Road 156), and Approximately 8.0313 Acres of BNSF Railway in Denton County, Known as Judge Tract, Located East of Blue Mound Road and South of Highway 114, in the Far North Planning Sector, AX-26-002 (PUBLIC HEARING - a. Report of City Staff: Stephen Murray; b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C) RECO NDATION It is recommended that the City Council: 1. Conduct public hearing for the proposed owner -initiated annexation of approximately 48.5865 acres of land, approximately 13.2851 acres of Old Blue Mound Road (Old Farm - to -Market Road 156), and approximately 8.0313 acres of BNSF Railway in Denton County, known as Judge Tract, located east of Blue Mound Road and south of Highway 114; 2. Authorize execution of municipal services agreement between the City of Fort Worth and property owners, Valley Industrial Partners; and 3. Adopt ordinance annexing AX-26-002 for full purposes. DISCUSSION The purpose of this Mayor and Council Communication (M&C) is to conduct a public hearing for the proposed owner -initiated annexation of approximately 48.5865 acres of land, approximately 13.2851 acres of Old Blue Mound Road (Old Farm -to -Market Road 156), and approximately 8.0313 acres of BNSF Railway, as shown on Exhibit A, to authorize the execution of a Municipal Services Agreement between the City of Fort Worth and the property owner, and to adopt an ordinance annexing AX-26-002 for full purposes. On March 6, 2026, representatives for the property owners, Valley Industrial Partners, LLC, submitted a request for full -purpose annexation of the property shown on Exhibit A into the 1of4 F©RT W©RTH.,. 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 east of Blue Mound Road and south of Highway 114. The owner -initiated annexation, which is approximately 48.5865 acres of land, approximately 13.2851 acres of Old Blue Mound Road (Old Farm -to - Market Road 156), and approximately 8.0313 acres of BNSF Railway is consistent with the urban development annexation criteria as established by the City's Annexation Policy. The subject area is currently agricultural and vacant land. The property owner proposes the land use for the site to be industrial development. The proposed land use is consistent with the future land use map of the 2023 Comprehensive Plan. On May 13, 2026, the related zoning case (ZC-26-043) was heard by the Zoning Commission, and the commission voted to recommend approval of the requested "I" Light Industrial and "K" Heavy Industrial. This related zoning case is on the June 23, 2026, City Council agenda for consideration. The site is currently in the City's Water Certificate of Convenience and Necessity (CCN) and is included in the City's 20-year Planned Service Area. Subchapter C-3 of Chapter 43 of the Texas Local Government Code (LGC) provides for the process of annexation of an area upon the 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: 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. The City will also provide operation and maintenance of water and wastewater facilities; roads and streets, including road and street lighting; and of any other publicly owned facility, building, or service in the annexed area. The proposed uses were considered while assessing the financial impact on the General Fund. The City tax revenue is expected to have a net positive fiscal impact over the next 10 years after the proposed development has been built. Based on the operating costs projected by the Police, Code Compliance and Transportation and Public Works Departments, the fiscal 2 of 4 F©RT W©RTH. impact is net positive on the General Fund for each year analyzed through year 40. Due to the area meeting the City's annexation criteria and the positive fiscal impact over the next 10 years, staff recommends approval of the requested owner -initiated annexation, AX-26-002. Section 43.0673 in Subchapter C-3 of Chapter 43 of the Texas Local Government Code (LGC), requires a municipality that elects to annex an area upon the request of an owner to provide notice of public hearings on the proposed annexation. Notice was posted on the City of Fort Worth Annexation webpage on Friday, May 22, 2026, and was published in the Fort Worth Star -Telegram on Friday, June 12, 2026. Additional notices were sent certified mail to public entities to include Denton and Tarrant Appraisal Districts, Denton County Emergency Services District No. 1, Denton County Administrator, Northwest Independent School District and public utilities. The City Council will conduct a public hearing on the proposed annexation. The public hearing provides for persons interested in the annexation the opportunity to be heard. After the City Council has conducted the one required public hearing, the Council may close the hearing and vote on authorizing the City Manager to execute the Municipal Services Agreement between the City and property owner and to adopt an ordinance annexing this property. Upon approval of the annexation request, the property will bec6fte part of C NCIL DISTRICT 10. This contract requires a Form 1295. 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 on the General Fund. SUBMITTED FOR CITY MANAGER'S OFFICE BY: 101;1NIk,F_tI1►Eel -111191►1:&71alJ.I11i:11A93 ADDITIONAL INFORMATION CONTACT: Jesica L. McEachern, # 5804 D. J. Harrell, # 8032 Stephen Murray, # 6226 Leo Valencia, # 2497 ATTACHMENTS 1. Map - AX-26-002 (Judge Tract) [11.4.1 - 1 page] 2. Ordinance AX-26-002 (Judge Tract) [11.4.2 - 17 pages] 3. Municipal Services Agreement AX-26-002 (Judge Tract) [11.4.4 - 7 pages] 4. Fiscal Impact Analysis AX-26-002 (Judge Tract) [11.4.5 - 6 pages] 5. C FIDENTIAL REDACTED - FORM 1295 AX-26-002 (Judge Tract) [11.4.6 - 1 page] 3of4 FORT WORTH 4of4 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: VALLEY INDUSTRIAL PARTNERS Subject of the Agreement: Municipal Services Agreement for AX-26-002 - Judge Tract M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes 0 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. AX-26-002 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department. Permanent Contracts Advanced Funding Agreements Architect Service Community Facilities Completion Agreement Construction Agreement Credit Agreement/ Impact Fees Crossing Agreement Design Procurement Development Agreement Drainage Improvements Economic Development Engineering Services Escrow Agreement Interlocal Agreements Lake Worth Sale Maintenance Agreement/Storm Water Parks/Improvement Parks/Other Amenities Parks/Play Equipment Project Development Property/Purchase (Property owned by the City) Property/Sales (Property owned by the City) Property/Transfers (Property owned by the City) Public Art Sanitary Sewer Main Replacements Sanitary Sewer Rehabilitations Settlements (Employees Only) Streets/Maintenance Streets/Redevelopment Streets/Repairs Streets/Traffic Signals Structural Demolition (City owned properties) Utility Relocation Water Reclamation Facility Water/Emergency Repair Water/Interceptor Water/Main Repairs Water/Main Replacement Water/Sanitary Sewer Rehabilitation Water/Sewer Service Water/Storage Tank CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2026-1467870 Valley Industrial Partners Wilmington, DE United States Date Filed: 05/27/2026 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. AX-26-002 Municipal Services Agreement for annexation case: AX-26-002 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Judge, Jeff Justin, TX United States X Peterson, Erik Dallas, TX United States X Peterson, Kevin Dallas, TX United States X Valley Industrial Partners Wilmington, DE United States X Peterson, Omas Justin, TX United States X Judge, Brad Justin, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is I/----, 1 e- 1V C, 1 and my date of birth is . 1.3 My address is 1p t I` eL-A r( U (rq . (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. 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