Loading...
HomeMy WebLinkAboutContract 52110 CITY SECRETARY CONTRACT NO. 5o'l 110 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH,TEXAS AND MENTONE PARTNERS,LLC T his Municipal Services Agreement ("Agreement") is entered into on day of k Y(h , tOn— by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas,("City")and Mentone Partners, 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, 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 45.36 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-18-008 ("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 AR 2 5 2019 Q/ 1Dwner-Initiatad Annexation Service Agreement rV —7–o g s - QFFQ CrysFCR�r�R OFFICIAL RECURD CITY SECRETARY FT. WORTH,TX 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 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 Owner-Initiated Annexation Service Agreement 2 of 9 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 bargaining power and that each of them was represented by legal counsel in the negotiation Owner-Initiated Annexation Service Agreement 3 of 9 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. Except as provided in Section 15,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 MENTONE PARTNERS,LLC By: � By: Jesus"Jay"Chapa Na _e XeW44A 9010-1- Assistant City Manager Title: Approved as to Form and Legality: Uffl &, �1�(�-- ti n✓d' Senior Assistant City Attorney Atte 0-t IAPz / ary ayser City'Secretary .......... ..... .� XAS'. Approvals: M&C 3 p�19 Ordinance No. Owner-initiated Annexation Service Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX State of Texas § County of Tarrant § This instrument was acknowledged before me on the__&Iday of %C-�� ,20 by Jesus"Jay"Chapa,Assistant City Manager of the City of Fort Worth,a Texas municipal corporation; on behalf of said corporation. By: Notary Public, State of Texas MARIA S.SANCHEZ My Notary ID#2256490 Expires December 19,2021 State of Texas § County of § This instrument was acknowledged beIure me on the st day of 20/ by kehhL'f4 �. Prq t66 , M Q h 411 e/` of[Name of individual signing, title (if any)] on behalf of said Ale,7f9Ae eeryf fiSy LLL. [insert name of company or individual where applicablel. By: Notary Public, State of Texas THERESA A JACKSON Notary Public.State of Texas Y s^:•. P: Comm. Expires 10-09-2020 After Recording Return to: i'.�` Notary ID 12915797-2 City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Owner-Initiated Annexation Service Agreement 6 of 9 a r rICIA!RECORD CITY SECRETARY F7. WORTH, T% EXHIBIT A o' .300' 600' t{ LM M to O GRAPHIC SCALE *� 100 Iav!rr EXISTING A.5 EXISTING 'A-5'ZONING ° POB FORT WORTH CITY IIMITS 948.65' Nagil'42'E ,Q L - NORMAN NORMAN u MHELL MROIF Na ON ROBINSONROBROBINSON� KDFORD .4 CECIL (D Al KARREEN til► NIMEL DANEL 1r'n NORM N o JI+i1 NORMAN MARGIE r W NORMAN DAN M NELL ROBINSON 572,97' S89't3't;"E ® HIRAMLITTLE SURVEY ENERGABSTRACT NO. 930 NATEROEVELOPWNT AND LENT ttC ® 45.36 ACRES OF TRACT BALLARD MENTONE PARTNERS,LLC E. F D2181353'15POELL ANNE +tP4<GIST q•, (J.r „Ij. Fp•. .RIR*NCA�yq,o �r AAS�$SN4.by••.,1D�V3'' SJj . aNEW jy' ]28917 GRAVES �: ROBERT LARRY '9 7 889'18'42'W. �oh<��E► hoP'aN Aaµ La fMOA1EKAS vr INC zan 1077.87' 589'18'42"W 0 135E ®'42'W ® ® ® 0 ® S89'10'42'W DOROTHY DRoLEGEND cy na�EYAW N ROInOAof THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, a� Q Em»w an uwH DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY,AND IS NOT TO BE USED TO CONVEY F9�4 Q ios�c :or.+c(ME OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS WILED OR CREATION OR RECONFIGURATION OF THE LIBOUNDARY OF AllSHED BY THE $ 0 ���Room w THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. AOYIOFMF FWs[>Tn NO. >V AnACiw1eNE Na. AN ANNEXATION-BOUNDARY PAPE-DAWSON DAIT 10-23"fa U IW A `RACE OR PARCEL LP AW.)SIIUAILD h lilt 1,414A.1fhL SURVLY,AOSENACT NO 930,TARRANT ENGINEERS DE'SW;NER LO..NIY,7EYAti.Rf 0.'f: 1#0 RL4AntR 01 lift NIA, ACRI 'KILTA' AND Iff NEIN 01 f,f 3R 46 *KQEo_DRAYDN_ Acme T.lnf7 "R ITE$CRIfI'Cl IN T14 PARIII16X DEI s��!M npl 19.IN WAu ARNVf MJW Pi l%t f% Uk AS;I S RU if R0'l1N`04 A\il UKRr;l Td Y.n 7W I I poop!I!/1�NbJYf NURVAN R<CGIfCED IN YO-14C IU573.1AGL 3+6 CIF40 Hyl r1��I��OM�pY®\/�y�Iyl�Aq 94EEI 1 OF 2 NLLORUS,fAMAti LEKN1Y,TEXAS Owner-Initiated Annexation Service Agreement 7 EXHIBIT A ANNEXATION LEGAL DESCRIPTION 45.36-ACRES BEING A TRACT OF LAND SITUATED IN THE HIRAM LITTLE SURVEY,ABSTRACT NO.930,TARRANT COUNTY,TEXAS, BEING THE REMAINDER OF THE 81. 15-ACRE TRACT"A" AND THE REMAINDER OF THE 38.46-A C R E TRACT"B" DESCRIBED IN THE PARTITION DEED BETWEEN FRANCES RUTH ROBINSON AND MARGIE NELL NORMAN RECORDED IN VOLUME 10573, PAGE 346, DEED RECORDS,TARRANT COUNTY,TEXAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A CORNER IN THE SOUTH LINE OF A 63.61-ACRE TRACT DESCRIBED IN A DEED TO VARRICHIO PROPERTIES LLC BY DEED RECORDED UNDER INSTRUMENT NO.0213109103, DEED RECORDS, TARRANT COUNTY, TEXAS, BEING NORTH 89° 11' 42" EAST, 599.98 FEET FROMTHE NORTHWEST CORNER OFSAID NORMANTRACT; THENCE NORTH 89° 11'42" EAST WITH THE COMMON LINE BETWEEN SAID 63.61-ACRE TRACT AND SAID NORMAN TRACT, A DISTANCE OF 948.65 FEET TO A POINT FOR CORNER IN THE COMMON LINE BETWEEN SAID 63.61-ACRE TRACT AND SAID NORMAN TRACT, BEING THE NORTHEAST CORNER OF THIS TRACT; THENCE SOUTH 020 27'45" EASTA DISTANCE OF 1142.23 FEETTO A POINT FOR CORNER, BEING A CORNER OF THISTRACT; THENCE SOUTH 17'01' 21" EAST A DISTANCE OF 287.43 FEETTO A POINT FOR CORNER, BEING A CORNER OF THIS TRACT; THENCE SOUTH 00'08' 22" EAST DISTANCE OF 143.59 FEETTO A POINT FOR CORNER IN THE NORTH LINE OF OAK GROVE ACRES,SECTION TWO,AN ADDITION TO TARRANT COUNTY,TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-78, PAGE 28, PLAT RECORDS,TARRANT COUNTY, TEXAS AND THE SOUTH LINE OF SAID NORMAN, BEING A SOUTHEAST CORNER OF THIS TRACT; THENCE SOUTH 88°56'42"WEST WITH THE COMMON LINE BETWEEN SAID OAK GROVE ACRES, SECTION TWO AND SAID NORMAN TRACTA DISTANCE OF 289. 17 FEETTO A POINT FOR CORNER, SAME BEING AN ANGLE CORNER OF SAID NORMAN TRACT; THENCE SOUTH 890 18'42"WEST WITH THE COMMON LINE BETWEEN SAID OAU GROVE ACRES, SECTION TWO AND SAID NORMAN TRACT A DISTANCE OF 13.58 FEETTO A POINT FOR CORNER, BEING THE SOUTHEAST CORNER OF A 2.27-ACRE TRACT DESCRIBED IN A DEED TO AQUASOURCE UTILITY INC. BY DEED RECORDED UNDER INSTRUMENT NO. D200055S65, DEED RECORDS,TARRANT COUNTY,TEXAS AND IN THE SOUTH LINE OF SAID NORMAN TRACT; THENCE NORTH 000 21' 17" EAST WITH THE EAST LINE OF SAID 2.27-ACRE TRACT A DISTANCE OF 345.06 FEETTO A POINT FOR CORNER, BEING THE NORTHEAST CORNER OF SAID 2.27-ACRE Owner-Initiated Annexation Service Agreement 8 of 9 TRACT; THENCE SOUTH 89° 18'42" WEST WITH THE NORTH LINE OF SAID 2.27-A C R E TRACT A DISTANCE OF 300.05 FEETTO A POINT FOR CORNER, BEING THE NORTHWEST CORNER OF SAID 2.27-ACRE TRACT; THENCE SOUTH 000 21' 17"WEST WITH THE WEST LINE OF SAID 2.27-ACRE TRACT A DISTANCE OF 345.06 FEET TO A POINT FOR CORNER IN THE NORTH LINE OF SAID OAK GROVE ACRES, SECTION TWO, BEJNG THE SOUTHWEST CORNER OF SAID 2.27-ACRE TRACT AND IN THE SOUTH LINE OFSAJD NORMAN TRACT; THENCE SOUTH 890 18'42" WEST WITH THE COMMON UNE BETWEEN SAID OAK GROVE ACRES, SECTION TWO AND SAID NORMAN TRACT DISTANCE OF 1077.87 FEET TO A POINT FOR CORNER IN THE EAST LINE OF A 10.5-ACRE TRACT DESCRIBED IN A DEED TO JOYCE TERRANA BY DEED RECORDED IN VOLUME 5827, PAGE 661, DEED RECORDS,TARRANT COUNTY,TEXAS, BEING THE NORTHWEST CORNER OF SAID OAK GROVE ACRES, SECTION TWO AND THE SOUTHWEST CORNER OF SAID NORMAN TRACT; THENCE NORTH 00° 03' 21" WEST WITH THE COMMON LINE BETWEEN SAID 10.5-ACRE TRACT AND SAID NORMAN TRACT PASSING THE NORTHEAST CORNER OF A 7.00-ACRE TRACT DESCRIBED IN A DEED TO CECIL AND KAREN BEDFORD BY DEED RECORDED IN VOLUME 17170, PAGE 12, DEED RECORDS, TARRANT COUNTY, TEXAS AND THE SOUTHEAST CORNER OF SAID PRIVATE DRIVE AT A DISTANCE OF 869.07 FEETTO A POINT FOR CORNER IN THE EAST LINE OF A 5.07-ACRE TRACT DESCRIBED IN A DEED TO D. NORMAN BY DEED RECORDED AS D212014064, DEED RECORDS,TARRANT COUNTY,TEXAS, BEINGTHE NORTHWEST CORNER OF THIS TRACT, THENCE SOUTH 890 13'13"EASTA DISTANCE OF 572.97 FEETTOA POINT FOR CORNER, BEING AN INSIDE ELL CORNER OF THIS TRACT; THENCE NORTH 02°07' 58" EAST A DISTANCE OF 707.53 FEET TO THE POINT OF BEGINNING AND CONTAINING 45.36 ACRES OF LAND,MORE OR LESS. THIS DOCUMENT WAS PREPARED UNDER 22 TAC§663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY,AND IS NOTTO 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. Owner-Initiated Annexation Service Agreement 9 0179 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name of Employee/Signature Title C� This form is N/A as No City Funds are associated with this Contract Qu& Printed Name Signatu OFFICIAL RECORD CITY SECRETARY FT, WORTHo TX M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA F ou%bRTH COUNCIL ACTION: Approved on 3/5/2019 REFERENCE ** 06MUNICIPAL SERVICES DATE: 3/5/2019 NO.: L-16186 LOG NAME: AGREEMENT, AX-18-008, OWNER-INITIATED CODE: L TYPE: CONSENT PUBLIC NO HEARING- SUBJECT: Authorize Execution of Municipal Services Agreement for the Proposed Owner-Initiated Annexation of Approximately 45.36 Acres of Land in Tarrant County, Located South of FM 1187 and East of Oak Grove Road South, in the Far South Planning Sector, AX-18- 008 (FUTURE COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council execute the attached Municipal Services Agreement between the City and property owners, Mentone Partners, LLC, for the proposed owner-initiated annexation of approximately 45.36 acres of land located south of FM 1187 and east of Oak Grove Road South. DISCUSSION: On October 25, 2018, representatives of the property owners Mentone Partners, LLC, submitted an application for full-purpose annexation. The 45.36 acres is situated in Tarrant County within the City of Fort Worth extraterritorial jurisdiction, south of FM 1187 and east of Oak Grove Road South, see map Exhibit A. The proposed annexation area is currently mostly vacant land. The property is proposed for residential development, and the proposed zoning is "A-5"One-Family Residential. The ordinance for AX-18-008, owner-initiated annexation, is also being considered on this City Council docket. Subchapter C-3 of Chapter 43 of the Texas Local Government Code (TLGC) provides for the process of annexation of an area upon a request of an owner of land. Section 43.0672 of the LGC requires a municipality that elects to annex an area upon the request of an owner first negotiate and enter into a written agreement with the owners of land in the area for the provision of municipal services. The agreement must include: (1) a list of each service the municipality will provide on the effective date of the annexation, and (2) a schedule that includes the period within which the municipality will provide each service that is not provided on the effective date of the annexation. The municipal services agreement includes these provisions in accordance with state law. The property affected by this Municipal Services Agreement is adjacent to COUNCIL DISTRICT 6. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that based upon the proposed development, the annexation will have a long-term positive impact to the General Fund. .TO Fund Department Account Project Program Activity Budget I Reference# Amount ID I I ID I I I Year I (Chartfield 2) http://apps.cfwnet.org/council_packet/mc review.asp?ID=26764&councildate=3/5/2019 3/14/2019 M&C Review Page 2 of 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I I ID I I Year (ChartfieId 2) Submitted for City Manager's Office by: Jay Chapa (5804) Originatina Department Head: Randle Harwood (6101) Additional Information Contact: Leo Valencia (2497) ATTACHMENTS Exhibit A-Map AM 8-008.Of Form 1295 AX-18-008 Redacted.pdf Signed MSA.pdf http://apps.cfwnct.org/council_packct/mc rcvicw.asp?ID=26764&councildatc=3/5/2019 3/14/2019