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HomeMy WebLinkAboutContract 52172 CITY SECRETARY CONTRACT NO. 561 17a MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH,TEXAS AND STEVE HAWKINS CUSTOM HOMES This Municipal Services Agreement ("Agreement") is entered into on day of ;Dlq by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas,("City") and Steve Hawkins Custom Homes ("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 Denton County, Texas, which consists of approximately 48.558 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-19-002 ("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, RECEIVED available municipal services to the Property in accordance with state law, which may be APR 2 3 2019 OFF03AL RECORD CITY OF FORT WOPMner-Initiated Annexation Service Agreement CI SIyCR1E� ARV CITY SECRETARY FT. WORTH,TX available municipal services to the Property in accordance with state law, which may be accomplished through any means permitted by law. For purposes of this Agreement, "full municipal services" means all services provided by the City within its full-purpose boundaries, including water and wastewater services and excluding gas or electrical service. 3. MUNICIPAL SERVICES. a. Commencing on the Effective Date, the City will provide the municipal services set forth below. As used in this Agreement, "providing services" includes having services provided by any method or means by which the City may extend municipal services to any other area of the City, including the City's infrastructure extension policies and developer or property owner participation in accordance with applicable city ordinances, rules,regulations, and policies. i. Fire — The City's Fire Department will provide emergency and fire protection services. 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. Owner-Initiated Annexation Service Agreement 2 of 9 ix. Water and Wastewater to Existing Structures — Occupied structures that are using water-well and on-site sewer facilities on the Effective Date may continue to use the same. If a property owner desires to connect an existing structure to the City water and sewer system, then the owner may request a connection and receive up to 200 linear feet of water and sewer extension at the City's cost for each occupied lot or tract in accordance with the City's "Policy for the Installation of Community Facilities" and applicable law. Once connected to the City's water and sanitary sewer mains, the water and sanitary sewage service will be provided by the City at rates established by City ordinances for such service. x. Solid Waste Services — The City will provide solid waste collection services in accordance with existing City ordinances and policies, except where prohibited by law. xi. Code Compliance — The City's Code Department will provide education, enforcement, and abatement relating to code violations within the Property. xii. Full Municipal Services — Commencing on the Effective Date, the City will provide to the Property all services provided by the City within its full- purpose boundaries and not otherwise listed above, except as provided in Section 3(b). b. The City will provide water service and wastewater treatment service to developments established after the Effective Date in accordance with, and on the schedule determined by, the City's extension policies and applicable law and at rates established by City ordinances for such services. c. It is understood and agreed that the City is not required to provide a service that is not included in this Agreement. d. Owner 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 9 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 9 CITY OF FORT WORTH STEVE HA CUSTOM HOMES By: _ il�/a��� i By: Jesus "Jay" Chapa Ste: wkins Assistant City Manager Approved o Fo egality: elinda Ramos, Sr.Assk City Attorney Steve ns Senior Assistant City Attorney 4 . Attest: �� ��' Mary Ka ser City Seer ary . AS Approvals: M&C I✓-lie tK 419 iq Ordinance No. ` , 14 OB Ia9S: 20 1°I-y`iloal5 State of Texas § County of Tarrant § This instrument was acknowledged before me on the day of , 2104, by Jesus "Jay" Chapa, Assistant City Manager of the City of Fort Worth, a Te as municipal corporation, on behalf of said corporation. By: Q,�•ut. fi Notary Public, State of Texas MARIA S.SANCHEZ My Notary ID#2256490 Expires December 19,2021 ET. WORTHOW ECORD ETARY Owner-Initiated Annexation Service Agreement STATE OF TEXAS § COUNTY OF is inst ent was acknowl ged before me on the �� day of , 20/j, by of Steve Hawkins o ehalf said Steve Hawkins Custom Homes By: At ""'�a, CANDACE P vICK or Notary Public, Stete of Texas Notary Public, State of Texas 'Q Comm.Expires 05-29-2021 Notary!D 210682-0 ama� Owner-Initiated Annexation Service Agreement OFFICIAL RECORD 'Of/ CITY SECRETARY FT. WORTH,TX After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 A Owner-Initiated Annexation Service Agreement 7 oft EXHIBIT A "This document was prepared under 22 TAC 663.21, ZONED 'A 5" does not reflect the results of an on the ground survey, W.M Sub CTR,LP. and is not to be used to convey or establish interests in 3 / *Dti 2 '. real property except those rights and interests implied or CR.T.C.T.CT. I established by the creation or reconfiguration of the Z Ira+ boundary of the political subdivision for which it was µM�1'o01r • $� . 1 i prepared." o ✓1N,ct :I 1 0 To J J 1 �(t � U_—Y Ow M�- / 1m Summer Creek Ranch V.iOt�Ot / a Cab.A,Sld.11186 1° CRTC.T. 3 eZONED "A-5" — I 4 •+ �-----� I r r I+ I Faresfar USA Rent �T``�F:�ho� — 1 F: in I E&afe Gram/nc. ( F — jy iLLLLJ A i< TrT;_ ►-� = I cR.rcr. TTFP �--I _--. 11J-LI _L 1_Y1.L_1._ -� I ZONED "A-5" — Proposed Annexation of 45.558 Acres If - - P"er Hafglts I / Vol.A.S/d.-1064 _ CR.TC.T. J ZONED "A-43" Jerry— 0 1 Jerry Sovelle SaWk a / Jer o JI Ministries,Inc. M/Nsfrles,lnG o ,� Vol.11082,Pg.1656 / Vd./1082 Pg.A656 L '—'—' I C.R.T.C.T. CR.TCT. Point of ,M W Cleburne Rd. Ong nM� ---- Roncho Verde Pkwy. N 1 o — w E oKr7 n u IPA �d 5 ........e.........»......, ... m [sITE (ODD A.BRIDU:3.. 0 5 0 1000 VICINPPYMAP $ � •XP Fes ov n N.T.S. N GRAPHIC SCALE IN FEET °suav "Integrolports of this document" 1.Description AN EXHIBIT FOR A 2.Exhibit nI �'roposecf.If - tion _ltll P E LOTO N SITUATED IN THE R.J. WARE SIRIYEY. ABSTRACT NUMBER 2008. f AND THE A. CASTELLO SUNEY. ABSTRACT NUMBER 272. LAND SOLUTIONS TARRANT COUNTY. TEXAS NI00 HAlWOOD PARKWAY.SUITE 250 JOB 1f HCH18002 DRAWN BY:T.Ricluvdson CHECKED BY: T.B' DATE: 01-07-19 PAGE p 2 OT 2 FORT lE1fAb 7S177 M.A8173S2-3�50 S :\ \ - AS-t_r\Most,. r\-Survey\ x1002_XLUgr. INfwl 8 Cl Exhibit A,Owner-Initiated Annexation Service Agreement Pagel of 7 EXHIBIT A ANNEXATION LEGAL DESCRIPTION 45.558-ACRES BEING a certain tract of land situated in the A. Castello Survey, Abstract Number 272, Tarrant County, Texas and the R.J. Ware Survey, Abstract Number 2008, Tarrant County, Texas, being a portion of that tract of land described by deed to Jerry Savelle Ministries,Inc.,recorded in Volume 11082,Page 1656, County Records,Tarrant County, Texas,and being more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of said Savelle tract, being the southeast corner of Lot 40, Block 4, Panther Heights, an addition to the city of Fort Worth, Tarrant County, Texas, recorded in Cabinet A, Slide 5064, said County Records,and being in the north line of Lot 43, Block 4, said Panther Heights addition; THENCE N 00004'04"E, 2229.76 feet, to the most northerly northeast corner of Lot 25, Block 4, said Panther Heights addition; THENCE S 89047'18"E, 400.55 feet, to the west line of Lot 8, Block 53, Summer Creek Ranch, an addition to the city of Fort Worth, Tarrant County, Texas, recorded in Cabinet A, Slide 9762, said County Records; THENCE S 00003'14"W, 1128.59 feet; THENCE S 89057'13"E, 1396.56 feet, to the west right-of-way line of South Hulen Street (a variable width right-of-way) and being the beginning of a non-tangent curve to the right; THENCE with said west right-of-way line the following courses and distances: With said non-tangent curve to the right, an arc distance of 381.73 feet, through a central angle of 22031'29", having a radius of 971.00 feet, the long chord which bears S 26022'46"W, 379.28 feet; S 37038'30"W, 110.83 feet, to the beginning of a curve to the left; With said curve to the left, an arc distance of 708.62 feet, through a central angle of 36°52'35", having a radius of 1101.00 feet, the long chord which bears S 19012'14"W, 696.45 feet, to the south line of the aforementioned Savelle tract; THENCE S 89025'40"W, 1333.46 feet, departing said west right-of-way line, with the south line of said Savelle tract, to the Point of Beginning and containing 2,115,199 square feet or 48.558 acres of land more or less. Exhibit A,Owner-Initiated Annexation Service Agreement Page)of/ City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 419I2019 DATE: Tuesday, April 9, 2019 REFERENCE NO.: L-16205 LOG NAME: 06MUNICIPAL SERVICES AGREEMENT, AX-19-002, OWNER-INITIATED SUBJECT: Authorize Execution of Municipal Services Agreement for the Proposed Owner-Initiated Annexation of Approximately 48.558 Acres of Land in Tarrant County, Located South of McPherson Boulevard and West of Hulen Street, in the Far Southwest Planning Sector, AX-19-002 (FUTURE COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council execute the attached Municipal Services Agreement between the City and property owner, Hawkins Custom Homes, for the proposed owner-initiated annexation of approximately 48.558 acres of land located south of McPherson Boulevard and west of Hulen Street. DISCUSSION: On January 14, 2019, representatives of the property owner, Hawkins Custom Homes, submitted an application for full-purpose annexation. The 48.558 acres is situated in Tarrant County within the City of Fort Worth extraterritorial jurisdiction, south of McPherson Boulevard and west of Hulen Street, see map Exhibit A. The proposed annexation area is currently vacant land. The property is proposed for residential uses, and the proposed zoning is "A-5" One-Family. City Plan Commission voted on February 27, 2019 to recommend full-purpose annexation of the Jerry Sevelle Ministries, Inc., Tract to City Council. The companion zoning case (ZC-19-018) went to the Zoning Commission on March 6, 2019. The commission recommended denial without prejudice, and the zoning case is scheduled for City Council action immediately following the annexation action on April 9, 2019. The proposed 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 after the proposed development is built. 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. Lognwne: 06MLNICIPAL SERVICES AGREEMENT, AX-19-002, OWNER-INITIATED Page I of 2 The municipal services agreement includes these provisions in accordance with state law. Upon approval of the annexation request, the property affected by this Municipal Services Agreement will become part of 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. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM r und Department ccoun Project Program ctivity Budget Reference # �moul ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Randle Harwood (6101) Additional Information Contact: Leo Valencia (2497) ATTACHMENTS 1. Exhibit A- Map AX-19-00248.gdf (Public) 2. Hawkings Form 1295 Redacted.pdf (Public) 3. MSA-Steve Hawkins Custom Homes.pdf (Public) Logname: 06MUNICIPAL SERVICES AGREEMENT, AX-19-002, OWNER-INITIATED Page 2 of 2