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HomeMy WebLinkAboutContract 51256 CITY SECRETARY COWRACT NO. MUNICIPAL SERVICES AGREEMENT SEQ 6 o��N BETWEEN THE CITY OF FORT WORTH,TEXAS AND MARTY MELVIN & JUDY MELVIN This Municipal Services Agreement ("Agreement") is entered into on _ Z4"v day of , 2018 by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas ("City"), and MARTY MELVIN & JUDY MELVIN ("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, the City is currently classified as a Tier 2 municipality for purposes of annexation under the Texas Local Government Code ("LGC"); 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 24.78 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-18-002 ("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 for the delivery of full, available municipal services to the Property in accordance with state law, which may be OFFICIIAL.RECORD Owner-Initiated Annexation Service Agreement CITY SECRETARY 1 of 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. 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 Planning and Development 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 8 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. Owner-Initiated Annexation Service Agreement 3 of 8 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 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 8 CITY OF T H OWNER By: esus"Jay" Chapa i Assistant City Manager MaiV Melvind Approved as to Form and Legality: 7 dy� Mel in ' Senior Assistant City Attorney Attest: Z Mary Kay City Secreta Approvals: X�� M&C l-' flit I 4' Ordinance No. OFFICIAL RECORD CITY SECRETARY FT.WORTH,T% Owner-Initiated Annexation Service Agreement 5 of 8 State of Texas § County of Tarrant § This instrument was acknowledged before me on the day of 2018, by Jesus "Jay"Chapa,Assistant City Manager of the City of Fort Worth, a Te as municipal corporation, on behalf of said corporation. ti: '�' s�.: MARIA S.SANCHEZ My Notary 1D 1#2256490 1 Notary Public, State of Texas °;rF.o,. +: Expires December 19,2021 I State of Texas § County of WJ 'VL § This instrument was acknowledged before me on the 2, day of c l , 2018, by Marty Melvin. By: SHILOH HOFACKET ` tp,F,Y Pv6'i Notary Public, State of Texas Notary Public' to of Texas - 'Q Comm. Expires 01-20-2021 Notary ID 129145815 State of Texas § County of This instrument was acknowledged before me on the day of 2018, by Judy Melvin. By. SHILON HOFACKET Notary Public,State of Texas _� Notary Public, 6tatof Texas �;Fo�.�+` Comm. Expires 01-20-2021 Notary ID 129145815 After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRETARY FT,WORTH,TX Owner-Initiated Annexation Service Agreement EXHIBIT A OF � ^ 3RA qw jJ ij7 1f DIC ET A C. RE AN it, 14:1 :) 2 22 ni 4" L TV 2 l r j f I �D5E ( k `� Vw'. 3 !NV 'N'IWE IYA 'ER R B E Z' F-ViC I R 'oo V*.4 F6.24 -A. 10 W, 00 Id ,7 10 ' } f ! f y `" :.a .ate As Im qs� N ILRq M0 250, le ,i-•`t." SCALE IN FEET W tis zit rt 10 31 1�1 At K E I t11z, s D_ F I'll 9 ;L .4 C�L 0 D vow S% 0. d 'P �'T RO A" jCk iN 0,. ( fR L F I Z! F D3 -•41.p, `54 10 .,p G I 0 �N t E GkE-: A ffif VEf L A R k W'x�, PAN n Sax2d 7 N 2 ........ mrtt I -H BEARINGS ARE REFERENCED TO TEXAS SATE PLANE KEUE!R HICKS ROAD (CO&Rff NO. 4033) SYSTEM,TNORTH CENTRAL ZONECOORDINATE (VARIABLE WIDTH RIW) (4202),NORTH AMERICAN I DATUM OF 1983 AS DERIVED NOTE:THIS EXHIBIT REPRESENTS AN FROM GPS OBSERVATION. CURRENT INCORPORATED AREA ACTUAL ON THE GROUND SURVEY 24.781 ACRES TO BE ANNEXED Q EXHIBIT"A"SHOWING PROPOSED ANNEXATIONS ffr I- T e.-*V'-4 Job No.: 10798 1 Scale: 1-45Y . Sheet ..:............ G 00DVqM' JOHN N.ROGERS MARSHALL g Drafted: B.A.J. C ked: J.N.R. M.......... CIVIL ENGINEERS-PLANNERS-SURVEYORS Surveyed on the Ground: 04/18/2018 SUR04 VIN MuNIMM Or**.GnprAvo,Tmft 76W1 Date Prepared: 06/01/2018 tsin=­ --i To-E AEGaTMT"r N� »»•+=,m Revised: Revised: Date Signed: Owner-Initiated Annexation Service Agreement 7 of8 EXHIBIT "A" LEGAL DESCRIPTION PROPOSED ANNEXATION All that certain lot, tract, or parcel of land, situated in a portion of the Francisco Cuella Survey, Abstract No. 266, Tarrant County, Texas, being part of that certain called 49.789 acre tract described in a deed to Marty M. Melvin and Judy Melvin recorded in Volume 10868, Page 2010 of the Deed Records of Tarrant County, Texas (DRTCT), and being more completely described as follows, to-wit: BEGINNING at a 5/8" capped iron rod found stamped "TNP" for the Southwest corner of Keller High School No. 4 Addition recorded in Cabinet A, Slide 12733 of the Plat Records of Tarrant County, Texas and being in the West line of said 49.789 acre tract, from which a 5/8" capped iron rod found stamped "TNP" for the most westerly Northwest corner of said Keller High School No. 4 Addition bears North 00 deg. 24 min. 38 sec. West— 1264.08 feet; THENCE North 89 deg. 35 min. 53 sec. East departing said West line and continue along the South line of said Keller High School No. 4 Addition, a distance of 691.85 feet to a 5/8" capped iron rod found stamped "TNP" for the Southeast corner of same and being in the East line of said 49.789 acre tract, from which a 1/2" iron rod found for the Southwest corner of a called 2.92 acre tract described in a deed to Carol O. Funk recorded in Instrument No. D213165747 (DRTCT) and the Northwest corner of a called 2.945 acre tract described in a deed to Sandra Spalding recorded in Instrument No. D216067310 (DRTCT) bears North 00 deg. 25 min. 21 sec. West — 1136.27 feet; THENCE South 0 deg. 25 min. 21 sec. East along said East line, at 1541.74 feet pass a 1/2" capped iron rod found stamped "ARTHUR" for reference and continue a total distance of 1,560.94 feet to a P.K. nail set with washer stamped "GOODWIN &MARSHALL" for the Southeast corner of said 49.789 acre tract and being in the approximate centerline of Keller Hicks Road (variable width right-of-way); THENCE South 89 deg. 46 min. 25 sec. West along the South line of said 49.789 acre tract and said centerline, a distance of 692.18 feet to a P.K. nail set with washer stamped "GOODWIN & MARSHALL" for the Southwest corner of said 49.789 acre tract; THENCE North 0 deg. 24 min. 38 sec. Westdeparting said centerline and continue along the West line of said 49.789 acre tract, at 20.29 feet pass a 5/8" iron rod found for reference and continue a total distance of 1,558.81 feet to the POINT OF BEGINNING, containing 1,079,452 square feet or 24.781 acres of land, more or less. Bearings are referenced to Texas State Plane Coordinate System,North Central Zone (4202),North American Datum of 1983 as derived from GPS observation. Exhibit map attached and made a part hereof. Owner-Initiated Annexation Service Agreement 8 of 8 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA I�V COUNCIL ACTION: Approved on 8/28/2018 REFERENCE 06MUNICIPAL SERVICES DATE: 8/28/2018 NO.: L-16136 LOG NAME: AGREEMENT, AX-18-002, OWNER-INITIATED CODE: L TYPE: NOW PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of Municipal Services Agreement for the Proposed Owner-Initiated Annexation of Approximately 24.78 Acres of Land in Tarrant County, Located North and on the North Side of Keller Hicks Road, East of Riverside Drive, and West of Alta Vista Road, in the Far North Planning Sector,AX-18-002 (FUTURE COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council execute the attached Municipal Services Agreement between the City and property owners, Marty Melvin and Judy Melvin for the proposed owner-initiated annexation of approximately 24.78 acres of land located north and on the North Side of Keller Hicks Road, East of Riverside Drive, and west of Alta Vista Road. DISCUSSION: On June 5, 2018, representatives of the property owners Bloomfield Homes, L.P., submitted an application for full-purpose annexation. The 24.78 acres is situated in Tarrant County within the City of Fort Worth extraterritorial jurisdiction, located on the North Side of Keller Hicks Road, east of Riverside Drive, and west of Alta Vista Road, see Exhibit A. The proposed annexation area is currently agricultural land with one residential dwelling. The property is proposed for the development of 98 Single-Family detached lots. 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 property affected by this Municipal Services Agreement is adjacent to COUNCIL DISTRICT 7. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that this action will have no material effect on City funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund Department Account Project Program Activity Budget I Reference# Amount ID I I ID Year Chartfield 2 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26165&councildate=8/28/2018 9/13/2018 M&C Review Page 2 of 2 Submitted for City Manager's Office by: Jay Chapa (5804) Oriclinatinp Department Head: Randle Harwood (6101) Additional Information Contact: Leo Valencia (2497) ATTACHMENTS Exhibit A- Map AX-18-002.Of MSA Melvin.pdf http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26165&councildate=8/28/2018 9/13/2018