HomeMy WebLinkAboutContract 52218 CITY SECRETARY
CONTRACT NO._ a S
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS
AND NORTHWEST PIPE COMPANY
This Municipal Services Agreement ("Agreement") is entered into on day of
0 , _ ZDJ j by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas,("City")and Northwest Pipe Company("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 21.5 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-19-005 ("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
OFFICIAL RECORD
C\G 5����(PS�Owner-Initiated Annexation Service Agreement CITY SECRf. �►RY
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 Zoniniz—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 Existiniz 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
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 t 5, 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 PROPERTY OWNER
Nort est Pipe C mpany
y• /1 y•
Jesus"Jay" Chapa N m : John G. Peterson
Assistant City Manager . Operations Manager
Approved as to Form and Legality:
Senior Assistant City Attorney
Attest:
V' 2
MOKa ' * �r
City Secretary
...........
.
Approvals:
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH TX
Owner-Initiated Annexation Service Agreement 5 of 9
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the__2_3day of , 201?,
by Jesus "Jay" Chapa, Assistant City Manager of the City of Fort Worth, a Te s municipal
corporation, on behalf of said corporation.
B M %
Notary Public, State of Texas
MARIA S.SANCtiEZ
* *= My Notary ID#2256491)
Expires December 19,2021
�F
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the -,._j1day of G7 , 20 g ,
by John . Peterson, Operati ns Manager on behalf of said Northwest Pipe Company.
By. SHERRY L. HE
NSLEE
NotaryPublic State of Texas ;;? MY COMMISSION EXPIRES
OCTOBER 7,2019
w�
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 6 of 9
EXHIBIT A
EXHIBIT SHOWING 0 400 800 1200
PROPOSED LIMITED ANNEXATION OF
ENCLAVE 36-1
BEING 21.5 ACRES OF LAND SITUATED IN THE �4 Malt Lff
A. ALBRIGHT SURVEY, ABSTRACT No. 1849, _•.=..lortm
IrTARRANT COUNTY, TEXAS.
CALLED 0.174 ACRE
CALLED 2.396 ACRES FOR RIGHT-OF-WAY CRY OF SAGINAW
INSTRUMENT No.D209029257
TARRANT COUNTY OFFICIAL PUBLIC RECORDS
VOLUME 3566,PAGE 134 LONGHORN RO/D TARRANT COUNTY,TEXAS ]
OFFICIAL PUBLIC RECORDS
TARRANT COUNTY,TEXAS _ _ di'd 000XJT RW 4001
EAST 904.05'
1 o �n
CALLED 0.455 ACRE
Uz w w00 r 4 CITY OF SAGINAW
a ¢� > INSTRUMENT No.D209029259
V a U rz OFFICIAL PUBLIC RECORDS
o r.o—m� W TARRANT COUNTY, �p
O LOT 1R,BLOCK 2
W f r r' REMAINDER TRACT 1 a SANTA FE NORTHWEST INDUSTRIAL
o O CALLED 21.406 ACRES PARK
NORTHWEST PIPE COMPANY INSTRUMENT No.D213058988
OFFICIAL PUBLIC RECORDS
p VOLUME 15110.PAGE 328
OFFICIAL PUBLIC RECORDS TARRANT COUNTY,TEXAS
399.83' Z TARRANT COUNTY,TEXAS
N a9'59'36' E N
z °=
C CRY OF FORT WORTH
REMINGTON PONT ADDITION qO VOLUME 4779,PAGE 720
CABINET A.SLIDE 10742 OFFICIAL PUBLIC RECORDS
PLAT RECORDS j(I TARRANT COUNTY.TEXAS
TARRANT COUNTY,TEXAS 12
S 89'59'46' W 1303.88'
REMAINDER TRACT
CALI FD 77 635 ACRES
TARRANT COUNTY WATER CONTROL
AND IMPROVEMENT DISTRICT LOT 1,BLOCK 1
VOLUME 2866,PAGE 186 LONGHORN ADDITION
OFFICIAL PUBLIC RECORDS INSTRUMENT No.D210114281
TARRANT COUNTY,TEXAS OFFICIAL PUBLIC RECORDS
opio TARRANT COUNTY,TEXAS
REMAINDER TRACT
CALLED 77.635 ACRES
PARK LOT TARRANT COUNTY WATER CONTROL AND
REMINGTON POINT ADDTION IMPROVEMENT DISTRICT
CABINET A,SLIDE 6957 VOLUME 2866,PAGE 186
PLAT RECORDS OFFICIAL PUBLIC RECORDS
TARRANT COUNTY,TEXAS TARRANT COUNTY,TEXAS TRACT 1
CALLED 27.148 ACRES
HARTMAN RPC,LLC
INSTRUMENT No.D208207491
OFFICIAL PUBLIC RECORDS
TARRANT COUNTY,TEXAS
BLOCK 14
REMINGTON POINT ADDITION
CABINET A,SLIDE 8393
PLAT RECORDS
TARRANT COUNTY,TEXAS
TRACT No 1
TEXAS ELECTRIC SERVICE
VOLUME 2037.PAGE 277
OFFICAL PUBLIC RECORDS
TARRANT COUNTY,TEXAS
ORT O 'T
f,Ya7 E'This document was prepared under 22 TAC 663.21,does not reflect Truaporrati®! Palalic►ar
ape results of an on the ground survey,and is not to be used to convey gyy�� pivieion
or establish interests m reel property except those rights orinterests DATE v•zt� SCAtF i�=.L
irmAiwr orestablished bq 11�creation or reconfiguration ofthe DRAWN BYCDH RILE N01.7rnar4Aoi
howir�.y al me ppinrjq-subdivision forwhich it was r+ior-*1"
Owner-Initiated Annexation Service Agreement 7 of 9
EXHIBIT "A"
All that certain lot,tract or parcel of land lying and situated in the A. Albright Survey, Abstract No.
1849, Tarrant County, Texas, being all of that certain tract described as Tract 1 in the deed to
Northwest Pipe Company per deed recorded in Volume 15110, Page 328 of the Deed Records of
Tarrant County, Texas, all of that certain tract of land conveyed to the City of Fort Worth according
to the deed recorded in Volume 4779, Page 720 of the Deed Records of Tarrant County, Texas
(hereinafter referred to as "City tract"), all of that certain tract of land described as 0.455 acre in the
deed from Northwest Pipe Company to the City of Saginaw, recorded in Instrument No.
D209029259 of the Official Public Records of Tarrant County, Texas, and being a portion of that
certain 77.635 acre tract conveyed to Tarrant County Water Control and Improvement District No.
One per deed recorded in Volume 2866, Page 186 of the Deed Records of Tarrant County, Texas,
and being more particularly described as follows:
BEGINNING at a point in the former south right-of-way line of Longhorn Rd. (called 80.0' right-
of-way, formerly known as County Road No. 4001 according to Volume 3566, Page 134 of the
Official Public Records of Tarrant County, Texas) at the northeast corner of said Tract 1, the
northeast corner of said 0.455 acre tract, being the southeast corner of that certain tract of land
described as 2.396 acres in the Right-of-way Deed to Tarrant County, recorded in Volume 3566,
Page 134 of the Deed Records of Tarrant County, Texas, and being the northwest corner of that
certain 101.03 acres annexed by the City of Fort Worth under Ordinance No. 6118;
THENCE South generally along the westerly city limit line, at 21.84 feet passing the southeast
corner of said 0.455 acre tract, the northwest corner of Lot 1R, Block 2, Santa Fe Northwest
Industrial Park,according to the plat recorded in Instrument No.D213058988 of the Official Records
of Tarrant County, Texas, at 825.66 feet passing the northwest corner of Lot 1, Block 1, Longhorn
Addition according to the plat recorded in Instrument Number D210114281 of the Deed Records of
Tarrant County, Texas, the southwest corner of said Lot 1 R, continuing in all 925.26 feet to the
southeast corner of said Tract 1;
THENCE South 89 degrees 59 minutes 46 seconds West along the southerly line of said Tract 1, at
80 feet passing a southwest corner of said Tract 1, being the southeast corner of said City tract, at
280 feet passing the southwest corner of said City tract,a southeast corner of said Tract 1, continuing
in all 1303.88 feet to a point lying in the westerly line of said 77.635 acre tract, the easterly line of
Remington Point Addition, according to the plat recorded in Cabinet A, Slide 10742 of the Plat
Records of Tarrant County, Texas, and lying in the easterly line of that certain 237.528 acre tract
annexed by the City of Fort Worth under Ordinance No. 8846, being the southwest corner of said
Tract 1;
THENCE North 00 degrees 00 minutes 41 seconds West along the common line between said
77.635 acre tract, said Tract 1 and said Remington Point Addition and generally along the easterly
city limit line, 270.36 feet to the southwest corner of that certain tract of land described as 6.015
acres in the deed to Tarrant County, recorded in Volume 3566, Page 135 of the Official Records of
Tarrant County, Texas;
THENCE North 89 degrees 59 minutes 36 seconds East along the common line between said Tract
1 and said 6.015 acre tract, 399.83 feet to the southeast corner of said 6.015 acre tract;
Owner-Initiated Annexation Service Agreement 8 of 9
THENCE North 00 degrees 00 minutes 11 seconds East along the common line between said Tract
1 and said 6.015 acre tract, 654.95 feet to a point lying in the former southerly line of said Longhorn
Road, the northern most northwest corner of said Tract 1, being the northwest corner of said 0.455
acre tract;
THENCE EAST along the northerly line of said Tract 1 and said 0.455 acre tract, 904.05 feet to the
point of beginning and containing approximately 21.5 acres of land, more or less.
This document was prepared January 15, 2015 under 22 TAC (663.21), 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.
Owner-Initiated Annexation Service Agreement 9 of 9
4/25/2019 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORS W
oRm
COUNCIL ACTION: Approved on 4/9/2019
DATE: 4/9/2019 REFERENCE L-16211 LOG 06MUNICIPAL SERVICES AGREEMENT,
NO.: NAME: AX-19-005, OWNER-INITIATED
CODE: L TYPE: NOW PUBLIC NO
CONSENTHEARING:
SUBJECT. Authorize Execution of Municipal Services Agreement for the Proposed Owner-Initiated
Annexation of Approximately 21.5 Acres of Land in Tarrant County, Located West of Main
Street and the BNSF Railway on the South Side of Longhorn Road, in the Far Northwest
Planning Sector,AX-19-005(FUTURE COUNCIL DISTRICT 2)
RECOMMENDATION:
It is recommended that the City Council execute the attached Municipal Services Agreement between
the City and property owner, Northwest Pipe Company,for the proposed owner-initiated annexation of
approximately 21.5 acres of land located west of Main Street and the BNSF Railway on the south
side of Longhorn Road.
DISCUSSION:
On January 25,2019, representatives for the property owner, Northwest Pipe Company,submitted an
application for full-purpose annexation. The 21.5 acres is situated in Tarrant County within the City of
Fort Worth extraterritorial jurisdiction,west of Main Street and the BNSF Railway on the south side of
Longhorn Road,see map Exhibit A.
The property is currently annexed for limited purposes and is subject to zoning. It was annexed as
case AX-14-007 under ordinance number 21731-04-2015. The City Plan Commission recommended
approval of the full-purpose annexation request at the February 27,2019 public hearing. The related
zoning case(ZC-14-152A)was heard by the Zoning Commission on January 6,2015 and was
approved by City Council immediately after it was annexed on April 21,2015. The current zoning is
"K"Heavy Industrial.
The property is currently used for a facility that manufactures large diameter,welded steel pipe. The
current use was considered while assessing the financial impact to the General Fund. The City tax
revenue is expected to have a positive fiscal impact over the next 10 years. Based on operating
costs projected from the Police,Code Compliance and Transportation and Public Works
Departments,the fiscal impact shows a slightly negative annual effect to the General Fund for the first
year,but will have a positive impact thereafter.
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 TLGC requires a
municipality that elects to annex an area upon the request of an owner to first negotiate and enter into
a written agreement with the owners of land in the area for the provision of municipal services.
The agreement must include:
(1)a list of each service the municipality will provide on the effective date of the annexation,and
(2)a schedule that includes the period within which the municipality will provide each service that is
not provided on the effective date of the annexation.
The municipal services agreement includes these provisions in accordance with state law.
If annexed for full purposes,this property affected by this Municipal Services Agreement will remain
part of COUNCIL DISTRICT 2.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that the long-term fiscal impact of the annexation will be incorporated
into the City's five-year projections.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID I I Year Chartfield 2
Submitted for City Manager's Office by. Fernando Costa(6122)
Originating Department Head: Randle Harwood(6101)
Additional Information Contact: Leo Valencia(6942)
apps.cfwnet.org/council_packet/mc_review.asp?I D=26885&councildate=4/9/2019 1/2
4/25/2019 M&C Review
ATTACHMENTS
Exhibit A-Map.pdf
MSA AX-19-005 ord ex b.pdf
Northwest Pipe Company Form 1295 AM9-005 Redacted.pdf
apps.cfwnet.org/council_packet/mc_review.asp?I D=26885&councildate=4/9/2019 2/2