HomeMy WebLinkAboutContract 54083 CITY SECRETARY
CONTRACT NO. �
RECEIVED
JULa! 2020 MUNICIPAL SERVICES AGREEMENT
CITYOFFORTWORM
CITYSECREfARY BETWEEN THE CITY OF FORT WORTH, TEXAS AND
CRO"LEY INDEPENDENT SCHOOL DISTRICT
This unicipal Services Agreement ("Agreement") is entered into on 23r4 day of
l.lYl 2D`Zl� by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas, ("City") and Crowley Independent School District
("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 I-ocal Government Code ("LGC");
WIIEREAS, Section 43.0671 of the LGC permits the City to annex an area if each ov,ner
of land in an area requests the annexation:
WIIEREAS, 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 94,691 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-19-010 ("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.
Annemmon senaee Agreement OFFICIAL REC4R
CITY SECRETARY
FT. WORTH,TX
available municipal services to the Property in accordance with state lave. which may be
accomplished through any means permitted by law. For purpose, of this agreement. "full
municipal services" means all services provided by the City within its full-purpose
boundaries, including water and wastewater sere ices and excludin, Las or electrical service.
3. MUNICIPAL SERVICES.
a. Commencing on the Effective Date, the City will provide the nmicipal service,
set forth below. As used in this .agreement, --providing sery ices' includes having
services provided by any method or means by which the City may extend municipal
services to any other area of tile 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 Citv'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
0weer-lnmatcd Annevatlon Service Agreement 2 of 7
using water-v�ell 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 sy stem, then the owner may request a connection and
receive up to 200 linear feet of water and sewer extension at the C'ity's cost tur
each occupied lot or tract in accordance with the City`s "Policv for the
Installation of Community Facilities" and applicable law. Once connected to
the CO'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 Sery ices—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,ervice and wastevvatertreatment service to developments
established after the Effective Date in accordance with, and on the schedule
determined by, the C'ity'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 acknow ledges 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 ofservices, 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, teen, 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
(honer-Initiated Annesauon Sernce Aarcemeut 3 of 7
according to the laves of the State of Texas. File parties acknoMedge that they are of equal
hargaining power and that each of them was represented by le�,:al counsel in the ncuotiation
and drafting of this Agreement.
S. GOVERNING LAW AND VENUE. Venue shall he in the state courts located in Tarrant
Count,. Texas or the United States District Court for the Northern District of Texas. Fort
%k'orth Division and construed in conformity with the provisions of Texas Local Government
Code Chapter 41.
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
waixer of that party's right to insist upon appropriate performance or to assert any such ri,—,ht
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.
()wier-Initiated An tie vat on service Agreement 4 uC 7
CITV OF FORT NORTH
PROPERTY OWNER
CROWLEY INDEPENDENT
SCHOOL DISTRICT
By:
'Da Bury off By:
[nterim „istant i Randy Reav s
'�lanaoer
Approved as to Form and Legality:
r tVh
Senior Assistant City Attorney
Attest:
ti. V
Lary K —
City Secre ar r
Approvals:
M&C +7p• 44J Ql0�a�43lao
Ordinance No.
State of Texas §
County of Tarrant §
This instrument was acknowledged before the on the
by Dana Burghdoft; Interim Assistant Cityday of ? o
municipal corporation, on behalf of said corporation of the City of Fort Worth, a T
s
By:
Notary Public, State of Texas
G .
.o.• •' et cl texas
^`LS
SELENA ALA
=Notary Public, State of Texas
Comm. Expires 03.31-2024
Notary 10 132422528
Anne��tkm Sertiice
Agreement
5of7
S FATE OF TEXAS
COF'NTY OF /Vl
This instrument was acknowledged before me on the day of ?0�
b� Randy Reaves on behalf of Crowley
Independent School District.
BRENDA S. DEAN
�PPY P(ie i
B� �� =_: ;ciNotary Public, State of Texas
Comm. Expires 05-08-2023
i�F•OF S�`.`
Notary Public, State of Teas
,,,,,,,� Notary ID 130220223
®FMCPAL RECORD
CITY SECRETA V
FT. W01TH,TX
(honer-Initiated Annexation Service ngreetnem 0 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"
"ANNEXATION DESCRIPTION
FOR CROWLEY CTE ADDITION"
Being 94.691 acres of land situated in the Antonio Fernandez Survey, Abstract No. 506,
Tarrant County, Texas,containing all of those certain tracts of land conveyed to Crowley
I.S.D., as filed in Instrument No's. D206044642 and D218171049, Deed Records of
Tarrant County,Texas(D.R.T.C.T.),and being more particularly described by metes and
bounds as follows:
BEGINNING at the southeast corner of a tract of land conveyed to said Crowley ISD
(Inst. 413206044642, D.R.T.C.T.), also being the most easterly northeast corner of said
Crowley ISD (Inst. 4D218171049), and also being in the west line of Lot 2x, Block O,
Southfork Estates, an addition to the City of Fort Worth, Tarrant County, Texas, as filed
in Instrument 413218054861, Plat Records of Tarrant County, Texas(P.R.T.C.T.);
THENCE S 00023'39" E, along the east line of said Crowley ISD tract (Inst.
413218171049), and passing along the west line of said Lot 2x, Block O, Southfork
Estates, the west end of a 50' wide Right-of-Way (R-O-W) for Fort Brown Trail and the
west line of Lot 1 Ox, Block Q, of said Southfork Estates, a distance of 938.43 feet to the
north right-of-way (R-O-W) line of Longhorn Trail (variable width);
THENCE S 89058'16" W, along the south line of said Crowley ISD tract (Inst.
413218171049),and along the north R-O-W line of Longhorn Trail,a distance of 1831.51
feet to the southwest corner of said Crowley ISD tract (Inst. 4D218171049), also being
in the east line of the remainder of a tract of land described as Tract 1 and conveyed to
the Sewell Family Partnership, LTD., by the deed recorded in Instrument No.
D206044638, D.R.T.C.T.;
THENCE N 00023'39" W, along the west line of said Crowley ISD tract (Inst.
413218171049), and along the east line of said Tract 1, a distance of 2245.81 feet to the
south R-O-W line of Cleburne Crowley Road, also being the northwest corner of said
Crowley ISD tract (Inst. 4D218171049), and also being the northeast corner of said
remainder of Tract 1;
THENCE N 89034'32" E, passing along the north line of said Crowley ISD (Inst.
#D218171049), also passing along the north line of said Crowley ISD (Inst.
#D206044642, D.R.T.C.T.), and passing along the south R-O-W line of said Cleburne
Crowley Road, in all a distance of 1831.48 feet to the northeast corner of said Crowley
ISD (Inst. #D206044642, D.R.T.C.T.), also being in the west line of a tract of land
described in deed to Gatlinburg, LLC,as filed in Instrument#D215246542, D.R.T.C.T.;
THENCE S 00023'39" E, along the east line of said Crowley ISD(Inst. #D206044642),
passing along the west line of Gatlinburg tract and also passing along the west line of
said Lot 2x, Block O, Southfork Estates, a distance of 1320.02 feet to the POINT OF
BEGINNING and containing 94.691 acres of land.
Sheet I of 3
CSD 18320
OF
Theron W. Sims, R.P.L.S. n-iERON W.SHINS
A 5887�,T
Texas Registration No. 58 9Q
a s �'pQ
Date: Oct. 17, 2019 �Nv SURVF�
"This document was prepared 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."
Sheet 2 of 3
CSD 18320
Exhibit
ANNEXATION OF o
94.691 ACRES OF LAND JO ON SY
KIRK
HAMPTON KIRK
Situated in the Antonio Fernandez Survey, Abstract No. 506, Tarrant INST.
County,Texas. V fD206372034
SCALE: 1"=350' D.R.T.C.T.
BLOOMFIELD HOMES, L.P. 00
INST. #D218204120 ASPHALT
ASPHALT D.R.T.C.T.
PAVING PAVING �—
CUREM B CROIILEY ROAD — --
-----------------
N89'34'32"E, 1831.48'
VARIABLE GATLINBURG, LLC.
WIDTH R—O—W INST. JD215246542
D.R.T.C.T.
I
I /
o
CROWLEY INDEPENDENT SCHOOL DISTRICT N
cZn INST. JD205044542
0
o /
W v it a D.R.T.C.T. n i 22
�233
! CiI24
oa �, I EY PO ! �' 2' 25
PO Ij b Ioi —
a-
2 b N Y 27
J z Z LOT 2X, BLK. 0, !m ro, P8
�u D SOUTHFORK ESTATES �—
L11A 1` 0�j INST. ID218054861 !k'� 29
i R 1, 0• 5 P.R.T.C.T. I °�I
Nt0I ��. N iok 30 57X
��.•OF.. TF A N
T O 1 A B P.O.B. i ! 41 ��
Q ''G S T ERF'• f j ( 42 p
�'THERON•W.•SiMS 94.691 Ac LOT 2X, BLK. 0, HOA ! �44 m kk
••v"••••"""""'!:►"' ' 30' WATERLINE ESMT. i 45 a
A 5887 SOUTHFORK ESTATES 6 Z
�q..0Ff S 5 O� INST. ID218054861
ti0•S U R�rc.� P.R.T.C.T. Co 48
CROWLEY INDEPENDENT SCHOOL DISTRICT OD
I O
INST. #D218171049 °i i i 51
D.R.T.C.T. W
M 52
�53 %
THERON W. SIMS, R.P.L. `�' s4 7
TEXAS REGISTRATION N0. 5 87 N r 55�
Date: Oct. 17, 2019 LOT IOX, BLK. 0,
SOUTHFORK ESTATES, S6 J
S89'30'56"W ASPHALT VARIABLE INST. ID218054861 FORT BROWN TR.
PAVING WIDTH R—O—W P.R.T.C.T. J r
416.59' 9;8; 7
' S89'58'16"W, 1831.51' a Ll�---
-- — -� �_----.----- —� r- — -- �- ----�--� T- — -r- — —
ii i
DICK EUDALY LOT 1, ! ! LOT 8, I LOT 1, I I LOT 13, !LOT 14!LOT 15i LOT 16I LOT 17,
�.I VOL. 7709, ! BLK. 1 0' BLK. 2 BLK. 2 BLK. 1 i BLK. I I BLK. i BLK. 1 i BLK. 1
LONGHORN PG. 744 I ! L LONGHORN CROSSING ADD N. ►
TRAIL ! I D.R.T.C.T !� i • CAB. A, SLIDE 6878
i i Q P.R.T.C.T.
"This document was prepared under 22 TAC§663.21,does not reflect
teaue Hall erkins the results of an on the ground survey,and is not to be used to convey
9 P or establish interests in real property except those rights and interests
5237 N.Riverside Drive,Suite 100 implied or established by the creation or reconfiguration of the
Fort Worth,Texas 76137 ' boundary of the political subdivision for which it was prepared."
817.336.3773 ph 817.332.7756 fx
tnp
.Jnpinc.corn I TBPLS Registration No.100116-00 SHEET NO. 3 OF 3 JOB No. CSD 18320
P.\SURVEY\CSD18320\cad\survey\Annexation Mop\94.691 Ac Annexation for Crowley CTE Addition.dwg
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 06/23/20 M&C FILE NUMBER: M&C 20-0440
LOG NAME: 06AX-1 9-010, 1800 CLEBURNE CROWLEY ROAD,OWNER-INITIATED
SUBJECT
Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner-Initiated Annexation
of Approximately 96.6 Acres of Land in Tarrant County,Known as 1800 Cleburne Crowley Road, Located at 1800 Cleburne Crowley Road,in the
Far Southwest Planning Sector,AX-19-010(FUTURE COUNCIL DISTRICT 6)
(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 96.6 Acres of Land in Tarrant County,Known as 1800
Cleburne Crowley Road, Located at 1800 Cleburne Crowley Road as shown on Exhibit A;
2. Authorize Execution of Municipal Services Agreement between the City and property owners,Crowley Independent School District;and
3. Adopt ordinance annexing AX-19-010 for full purposes.
DISCUSSION:
The purpose of this Mayor and Council Communication(M&C)is on July 22,2019,representatives for the property owners Crowley Independent
School District,submitted an application for full-purpose annexation of the property shown on Exhibit A into the City of Fort Worth. The subject
property is entirely located in the City's extraterritorial jurisdiction,which is in Tarrant County. The site is located at 1800 Cleburne Crowley Road.
This owner-initiated annexation,which contains approximately 95.6 acres,is experiencing urban development. The proposed annexation is
consistent with the urban development annexation criteria as established by the City's Annexation Policy. The subject area is currently agricultural
land. The property is proposed for educational uses as a Career and Technology Education Center and the proposed zoning is"CF"Community
Facilities. The proposed use is consistent with the future land use map of the 2019 Comprehensive Plan.
On August 12th,City Plan Commission voted to recommend approval of the annexation request to City Council. On October 9th,the related zoning
case(ZC-19-146)was heard by the Zoning Commission,and the commission voted to recommend approval of"CF"Community Facilities 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. Based on the operating costs projected from the
Police,Code Compliance and Transportation and Public Works Departments,the fiscal impact shows a slightly negative impact to the General
Fund for the first year. There will be no property tax revenue generated from this annexation. Therefore,due to the ability of the area to meet the
City's criteria for full-purpose annexation Staff recommends approval of the requested owner-initiated annexation,AX-19-010.
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,Cleburne Crowley Independent
School District and adopt an ordinance annexing AX-19-010 for full purposes.
Upon approval of the annexation request,the property will become part of COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of the above recommendations and adoption of the attached ordinance will have effect on the
`City's property tax revenue.
Submitted for City Manager's Office bL. Dana Burghdoff 8018
Originating Business Unit Head: Randle Harwood 6101
Additional Information Contact: Leo Valencia 2497
Annexation AX-19-010 Exhibit A
Addition of approximately 96.6 Acres to become part of Council District 6
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DESIGNATION v2+/2o1B
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Full Purpose Adjacent Cities
Limited Purpose CountyBoundaries 2 COPYRIGHT 2019 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
® ( VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL
7 REPRESENTATION ONLY.THE ACCURACY IS NOT TO BE TAKEN/USED AS DATA
Extraterritorial Jurisdiction Annexation Area 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.