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HomeMy WebLinkAboutContract 53061 �� CITY SECRETARY ��ti �QQ CONTRACT NO._ 53D�0 I N0� 2p 2019 MUNICIPAL SERVICES AGREEMENT C�NSR�aR `BETWEEN THE CITY OF FORT WORTH,TEXAS AND JONATHAN WESTROM AND TRACY WESTROM This Municipal Services Agreement ("Agreement") is entered into on _ ' day of by and between the City of Fort Worth, Texas, a home-rule municipality of the State of Texas,("City") and Jonathan Westrom and Tracy Westrom. ("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 4.594 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-19-007 ("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 f-+aH - OFFICIAL RECORD CITY SECRETARY Owner-Initiated Annexation Service Agreement I of 7 FT WORTH,TX I. - --- 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. ix. Water and Wastewater to Existing Structures — Occupied structures that are Owner-Initiated Annexation Service Agreement 2 of7 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 Service Agreement 3 of 7 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 tern 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 terns 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 7 CITY OF FORT WORTH PROPERTY OWNER n i 1H By: By: — %A(7� " a &44oW- Jonathan Aestlym Assistant Ci Manager And e rom Approved as to Form and Legality: *W'- '�Jamy� y1'W6 Senior Assistant City Attorney f 1' ..5 of Attest: ✓., - tL Mary Kayser City Secretary a . Approvals: M&C-]! I ��losl tq Ordinance No. A3914-jl-x)I J State of Texas § County of Tarrant § This instrument was acknowledged before me on the,, Uday of la_��-, 20q, by I I " Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on e_ a f of said corporation. B,y' MARIAS.SANCHEZ r:�''PY•P�a4 *= My Notary ID#2256490 Notary Public, State of Texas "l ��+ Expires December 19,2021 6 OF1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Owner-Initiated Annexation Service Agreement 5 47 STATE OF TEXAS § COUNTY OF TG Ct an f § This instrument was ackn e me on the Q046 day of m a,y , 2019, by Jo t an Werom and Tracy Westrom By: D Notary Public, State of Texas apt►Rr°� PAIGE SCHMIDT * * NOTARY PUBUC STATE Of TEXAS MY COMM.EXP.06/04/2022 NOTARY ID 13159323-9 r RECORD ITY Owner-Initiated Annexation service Agreement 6 Of 7- After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Owner-Initiated Annexation Service Agreement 7 of 7 EXHIBIT A i! LEGEND PAGE 1 OF 2� TELE 5011CABLE MARKER REMKINEMMER OVERHEAD We" —N— "WE CAN WxE AGRAVEL sf"T 1297 AVONDALE HASLET ROAD AYiTX PAVED SIROACE POINT _ DklAL -r ^— �- —_ -- �r Rely DfgCA1KKi�-- O°�d ru Rrmvu 1� N 89e05'10"E 395.01' P&MT. M.ReD RiC T. enAAaas ]O'R.O.W.OEDICATpN ClON ROD PER K.A SL IM g PA.T.[.T. I(2" IRON ROD Z r .�Zq O Ln ugpF N oFat!j LOT b.BLOCK A p 3 m q BOAZ ADDITION N S 4.594 ACRES $q PC.A SL 3295 PORTION Or b N P.R.T.C.T. D2111121542 p p OR7.C.T. p A O V N P.O.B. FM 314" TAD.114' RDtt Rw EaaE ROD S 89e53'38"W 394.51' D2D83355n V.748E P.65 LOT 7.BLOCK 1 0208019T77 O.R.T.C.7. 1_. OR.T.C.T. BOYD ADDITION O.R.T.C.T. PC.A SL.1795 PRi.[.7. I RL TEXAS 0 80 160 240 SURVEYING `q/�/) feea NA wtoweRxTTw.TfsecrErAw caN /q���' Exhibit A,Owner-Initiated Annexation Service Agreement Page t of2 EXHIBIT A An PROPERTY DESCRIPTION PAGE 2 OF 2 BEING A 4.594 ACRES TRACT OF LAND OUT OF THE C.BOYD SURVEY,ABSTRACT NO.212,TARRANT COUNTY, [�1 TEXAS:BEING A PORTION OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN D218121542.OFFICIAL RECORDS.TARRANT COUNTY.TEXAS:BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A FOUND 3/4"IRON ROD.AT THE NORTHWEST CORNER OF THAT CERTAIN LOT 7.BLOCK 1, BOYD ADDITION AS RECORDED IN PC.A,P.1795,PLAT RECORDS.TARRANT COUNTY.TEXAS,AT THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN V.7481,P.65,O.R.T.C.T..AT THE SOUTHEAST CORNER OF THAT CERTAIN LOT 6,BLOCK A.BOAZ ADDITION AS RECORDED IN PC,A,P,3295. P.R.T.C.T.,AND AT THE SOUTHWEST CORNER OF SAID D218121542.FOR THE SOUTHWEST AND BEGINNING CORNER OF THIS TRACT. THENCE N 00°02'02"W AT 473.77 FEET PASSING A FOUND 1/2"IRON ROD AND IN ALL 504.17 FEET ALONG THE EAST LINE OF SAID LOT 6 AND THE WEST LINE OF SAID D218121542 TO A FOUND 3/4"IRON ROD.AT THE NORTHEAST CORNER OF SAID LOT 6 AND IN THE SOUTH LINE OF AVONDALE HASLET ROAD,FOR THE NORTHWEST CORNER OF THIS TRACT. THENCE N 89°D5'10"E 395.01 FEET OVER AND ACROSS SAID D218121542 AND ALONG THE SOUTH LINE OF SAID AVONDALE HASLET ROAD TO A FOUND I"IRON ROD.IN THE EAST LINE OF SAID D218121542 AND THE WEST LINE OF THAT CERTAIN LOT 1.BLOCK 1.STITH ADDITION AS RECORDED IN D214211589.P.R.T.C.T..FOR THE NORTHEAST CORNER OF THIS TRACT. THENCE S 00"00'57"W 509.14 FELT ALONG THE WEST LINE OF SAID LOT I AND THE EAST LINE OF SAID D218121542 TO A FOUND 3/4"IRON ROD.AT THE SOUTHEAST CORNER OF SAID D218121542.AT THE SOUTHWEST CORNER OF SAID LOT 1.AT THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN D208335517.O.R.T.C.T.,AND AT THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN D208019777,O.R.T.C.T.,FOR THE SOUTHEAST CORNER OF THIS TRACT. THENCE S 89°53'38"W 394.51 FEET ALONG THE SOUTH LINE OF SAID D218121542 TO THE POINT OF BEGINNING. BEARINGS.DISTANCES,AND/OR AREAS DERIVED FROM GNSS OBSERVATIONS PERFORMED BY TEXAS SURVEYING,INC.AND REFLECT N.A.D.1983,TEXAS STATE PLANE COORDINATE SYSTEM.NORTH CENTRAL ZONE 4202.(GRID) I.THE UNDERSIGNED.A REGISTERED PROFESSIONAL LAND SURVEYOR W THE STATE OF TEXAS.DO CERTIFY THAT THE ABOVE DESCRIBED PROPERTY WAS SURVEYED ON THE GROUND:BY ME OR UNDER MY DIRECT SUPERVISION:VISIBLE CONFLICTS.ENCROACHMENTS.AND OVERLAPS ARE AS SHOWN ON THIS PLAT OR MAP AT TACHED HERETO.THE AREA&BOUNDARY WERE DETERMINED WITH RESPECT TO THE RECORDED REFERENCES AS SHOWN.AND THE INFORMATION PRESENTED IS TRUE&CORRECT TO THE BEST OF MY KNOWLEDGE,IN ADDITION,IT IS NOT INTENDED TO EXPRESS OR IMPLY WARRANTY.GUARANTEE OF OWNERSHIP.OR TRANSFER OF TITLE.AND THIS SURVEY IS SUBJECT TO ALL APPLICABLE COPYRIGHT LAWS FROM THE DATE OF THIS SURVEY.TO PROTECT ALL PARTIES INVOLVED. THIS SURVEY IS OILY VALID R ORIGINAL SEAL&SIGNATURE APPEAR ON THE FACE OF THIS SURVEY IN BLUE INK. OF O�16CA�HAMILI'ON FIAMILTON.REGISTERED PROFESSIONAL LAND SURVEYOR NO.5B65 t l FTEXAS SURVEYING.INC.-WEATHERFORD BRANCH \5 7fi'4r':4104 S.WALNUT STREET.WEATHERFORD.TEXAS 16096 O`.,lPWEATHERFORD,-.TXSURVEYING.COM-817-594-0400 ............t....GATE:APRIL 4.2019•JN190406A HAMILTON1)NO ABSTRACT OF TITLE OR TITLE COMMITMENT WAS PROVIDED TO THIS5(SFiJ Q:•`trSURVEYOR.RECORD RESEARCH PERFORMED BY THIS SURVEYOR WAS MADE �\a,:'OONLY FOR THE PIJRPOSE OF DETERMN@EG THE BOUNDARY OF THIS PROPERTYAND OF THE E$S\SNOWN ON THIS SSUURNVGEY MAYS EXIST AND ENCUECORD MAENTS OTHER BER THIS PROPEL THOSE "'U'R�`( 2)OFFICIAL F.E MA.FLOOD HAZARD INFORMATION HAS NOT BEEN REVIEWED DURING THE COARSE OF THIS SURVEY,FOR UP 50 DATE FLOOD HAZARD INFORMATION ALWAYS VISIT THE OFFICIAL FEM A.WCRSDE AT (W W W FEM&WV). 71 GOVERAMEAND R C RDEDENTITIES MAY 4CCOUN THIS PROPERTY TO BE FUfITMCK TEXAS PLATTED AND RECORDED\VfrH THE COUNTY CLERK. 4)UNDERGROUND UDLITIES WERE NOT LOCATED DURING THIS SURVEY-CALL MI A)DIORPLEA UTILITYCONSUL PROVIDERS BEFORE EXCAVATION NT CONSTRUCTION. S U R V EYING S)PLEASE CONSULT ALL AFFECT CO STRUCTIO ENTITIES REGARDING TY.RULES fi REGULATIONS.THAT MAY AFFECT CONSTRUCTION ON THIS PROPERTY. A//66)))NOT ALL IMPROVEMENTS NK SHOWN ON THIS SURVEY FIRM He.101BBBOO-WWW.TXSURVEYREB.COM �/��\ J{" f Exhibit A.Owner-Initiated Annexatim Service Agreement Page 2 of2 City of Fort Worth,Texas Mayor and Council Communication DATE: 11/05/19 M&C FILE NUMBER: M&C 19-0279 LOG NAME: 06AX-19-007, 1297 AVONDALE HASLET ROAD,OWNER-INITIATED SUBJECT Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner-Initiated Annexation of Approximately 4.59 Acres of Land in Tarrant County,Known as 1297 Avondale Haslet Road,Located East of Willow Springs Road,North of Blue Mound Road Along the Southern Edge of Avondale Haslet Road,in the Far North Planning Sector,AX-19-007(FUTURE COUNCIL DISTRICT 7) (PUBLIC HEARING-a.Report of City Staff.Mary Elliott;b.Citizen Presentations;c.Council Action:Close Public Hearing and Act on the M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct public hearing for the proposed owner-initiated annexation of approximately 4.59 acres of land in Tarrant County located east of Willow Springs Road,north of Blue Mound Road along the southern edge of Avondale Haslet Road as shown on Exhibit A; 2. Authorize Execution of Municipal Services Agreement between the City and property owners,Jonathan Westrom&Tracy Westrom;and 3. Adopt ordinance annexing 1297 Avondale Haslet Road for full purposes. DISCUSSION: On April 29,2019,representatives for the property owners,Jonathan Westrom&Tracy Westrom,submitted an application for full-purpose annexation of the property shown on Exhibit A into the City of Fort Worth. The subject property is situated entirely in the City's extraterritorial jurisdiction,which is in Tarrant County. The site is located located east of Willow Springs Road,north of Blue Mound Road along the southern edge of Avondale Haslet Road.This owner-initiated annexation,which contains approximately 4.59 acres,is an enclave. The proposed annexation is consistent with both the enclave and the urban development annexation criteria as established by the City's Annexation Policy. The subject area currently has one residential dwelling. The property is proposed for commercial type development and the proposed zoning is"E" Neighborhood Commercial. The proposed use is consistent with the future land use map of the 2019 Comprehensive Plan. On June 26,2019 City Plan Commission voted to recommend approval of the annexation request to City Council. On October 9,2019 the related zoning case(ZC-19-079)was heard by the Zoning Commission,and the commission voted to recommend approval of"E" Neighborhood Commercial zoning to City Council. 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 municipal services agreement includes these provisions in accordance with state law. The proposed uses were 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 has been built. Based on the operating costs projected from the Police, Code Compliance and Transportation and Public Works Departments,the fiscal impact shows a slightly negative effect to the General Fund for the first year,but will have a positive impact thereafter. Therefore,due to the ability of the area to meet the City's criteria for full-purpose annexation as well as the proposed annexation being an enclave Staff recommends approval of the requested owner-initiated annexation,AX-19-007. The City Council will conduct a public hearing on the proposed annexation. The public hearing is an opportunity for persons interested in the annexation to be heard. Once the City Council has conducted the required public hearing,Council may close the hearing and vote on authorizing the City Manager to execute the Municipal Services Agreement between the City and property owners,Jonathan Westrom&Tracy Westrom and adopt an ordinance annexing AX-19-007 for full purposes. Upon approval of the annexation request,the property will become part of COUNCIL DISTRICT 7. A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity. 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 to the General Fund. Submitted for City Manager's Office by: Dana Burghdoff 8018 Originating Business Unit Head: Randle Harwood 6101 Additional Information Contact: Leo Valencia 2497 Annexation AX-19-007 Exhibit Addition of approximately 4.59 Acres to become part of Council District 7 ��a 4 Wis ent a� 70 ................ Tarra a a EEI F sl ......... ...... sa ao ♦O i r i R i s r r y r r r rl r. w s a" r. LW -17 Ld r t r r w r w. a ■ r r O P FoRTWORTH. 0 245 490 980 Feet Fort Worth Planning&Development Department DESIGNATION 5/08/2019 1:8,400 Full Purpose -Annexation Area Adjacent Cities 2 COPYRIGHT CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A Limited Purpose Ad - — - � � � VIOLATION OFF AP APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL TT REPRESENTATION ONLY,THE ACCURACY IS NOT TO BE TAKEN/USED AS DATA Extraterritorial Jurisdiction County Boundaries PRODUCED FOR ENGINEERING PURPOSES OR BY A REGISTERED PROFESSIONAL LAND SURVEYOR. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA.