HomeMy WebLinkAboutContract 54878 ^F
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CONTRACT NO. 5
G�IGSkSQ�P MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS AND
ALEDO INDEPENDENT SCHOOL DISTRICT
This Municipal Services Agreement ("Agreement") is entered into on — day of
A9L'l by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas, ("City") and Aledo 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 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 certainparcels of land situated in Parker County, Texas,
which consists of approximately 132.363 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-20-003 ('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
��- - - -�- RECEIVED
OFFOCIAL RECORD I NOV 2 b 2020
Owner-Initiated Annexation Service Agreement CQTY SECRETARY � FO wouH
e any SEGRErARY
FT WORTH,TX
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
using water-well and on-site sewer facilities on the Effective Date may continue
Owner-Initiated Annexation Service Agreement 2 of 7
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
according to the laws of the State of Texas. The parties acknowledge that they are of equal
Owner-Initiated Annexation Service Agreement 3-of 7
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 7
CITY OF FORT WORTH PROPERTY OWNER
ALEDO INDEPENDENT SCHOOL
DISTRICT
By: MI" By:
Dana B ghdof Earl . Husfeld
Assistant City Manager Chie Financial Officer
Approved as to Form and Legality:
Senior Assistant City Attorney
if
Atte
ary Kayser
City Secretary ff'
Approvals:
M&C -0S4D
Ordinance No.
State of Texas §
County of Tarrant § , `
This instrument was acknowledged before me on the J day of )J6Y6tn
by Dana Burghdoff,Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
By SELENA ALA
Notary Public, State of Texas
Notary Public, State of Texas .Q Comm. Expires 03-31-2024
Notary ID t32422528
av SEC RE-IrAI R r
f y W 0R7H,,7
Owner-Initiated Annexation Service Agreement 5 of 7
STATE OF TEXAS §
COUNTY OF PARKER §
This instrument was acknowledged before me on the 21st day of September , 2020,
by Earl H. Husfeld, Chief Financial Officer of the Aledo Independent School District on
behalf of Aledo Independent School District.
By:
t e u BEVERLY A.HANSON
NotaryPublic State of Texas Notary Public
� � � STATE OF TEXAS
ID#108150"
My Comm.Exp June 29.2024
(` � :4�1 fCu 1V?it tr
Owner-Initiated Annexation Service Agreement — moo =
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
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Owner-Initiated Annexation Service Agreement I of 3
EXHIBIT A
Continued
"ANNEXATION DESCRIPTION"
Being 132.362 acres of land situated in the J.D.Kyle Survey,Abstract No.792 and the C.
Jackson Survey,Abstract No.754,Parker County,Texas,being a portion of that certain tract
of land described in deed to Aledo Independent School District(Aledo I.S.D.),according to
the deed filed in Volume 2583, Page 1480, Deed Records of Parker County, Texas
(D.R.P.C.T.);and being more particularly described by metes and hounds as follows:
BEGINNING in the most southerly west line of said Alcdo I.S.D.tract,also being in the
east line of a tract of land described in deed to Kevin W.Van,J.C.D.,D.U.,Bishop of the
Catholic Diocese of Fort Worth,as filed in Volume 2459,Page 1357,D.R.P.C.T.,and also
being the northwest comer of the proposed Right-of-Way(R-O-W)line for Old Weatherford
Road, from which a smooth 5/8 inch iron rod found at the southwest comer of said Aledo
I.S.D.tract,and called south Right-of-Way(R-O-W)line of said Old Weatherford Road per
Aledo I.S.D.deed,also being the southeast comer of said Catholic Diocese tract, bears S
01°12'46"E,a distance of 74.08 feet;
THENCE N 01°12'46"W,along the most southerly west line of said Aledo I.S.D.tract,and
along the east line of said Catholic Diocese tract,at a distance of 1125.78 feet passing a 1/2
inch iron rod found for reference,and continuing in all,a distance of 1513.03 feet to the
approximate center of a creek,also being a re-entrant corner of said Aledo I.S.D.tract,and
the northeast corner of said Catholic Diocese tract;
THENCE along the most northerly south line of said Aledo I.S.D.tract,the north line of
said Catholic Diocese tract, and along the approximate center of a creek, the following
courses and distances;
S 75°48'50"W,a distance of 373.75 feet;
N 79°51'40"W,a distance of 269.21 feet;
S 59°50'27"W,a distance of 310.63 feet to the east line of a tract of land described
in deed to FWFW holdings, Inc.,as filed in Instrument#201410303, D.R.P.C.T.,
also being the most westerly southwest comer of said Aledo I.S.D.tract,and being
the northwest comer of said Catholic Diocese tract;
THENCE N 01012'46"W,along the west line of said Aledo I.S.D.tract,and along the cast
line of said FWFW Holdings tract,at a distance of 78.23 feet passing a 1/2 inch iron rod with
cap stamped"Miller 5565",found for northeast comer of said FWFW Holdings tract,also
being the southeast corner of Lot 14,Block 68,Morningstar,an addition to Parker County,
Texas,as filed in Cabinet E,Slide 179,Plat Records of Parker County,Texas(P.R.P.C.T.),
and continuing along said line passing the east line of Lots 9 thru 13 and said Lot 14 of said
Block 68,at total distance of 378.42 feet passing a 1/2 inch iron rod with cap stamped"CBG
Surveying",found for northeast comer of said Lot 9,also being the southeast comer of the
remainder of tract 2,as described in deed to Wilbow-Momingstar Development,Inc.,as filed
in Instrument#201523102, D.R.P.C.T.,and continuing along the west line of said Aledo
I.S.D.tract,passing along the east line of said Wilbow-Morningstar tract,also passing along
the east line of Lot I X,Block 38,Morningstar,an addition to Parker County,Texas,as filed
in Cabinet D,Slide 559,P.R.P.C.T.,in all,a distance of 1720.70 feet to the northwest comer
Shwl I of 4
ALO 20152
Owner-Initiated Annexation Service Agreement 2 of 3
EXHIBIT A
Continued
S 51°58'58"E,a distance of 229.43 feet to the northeast comer of said Aledo I.S.D.
tract,also being in the approximate center of Mary's Creek,also being in the south
line of said Moncrief Properties tract,and also being the northwest comer of a tract
of land described in deed to Weatherford College of the Parker County Junior College
District,as filed in Volume 2583,Page 1474,D.R.P.C.T.;
THENCE S 10046'29"W,along the east line of said Aledo I.S.D.tract,and along the west
line of said Weatherford College tract,a distance of 1202.61 feet to a 5/8 inch iron rod found
at the most easterly southeast corner of said Aledo I.S.D.tact,also being the most westerly
southwest corner of said Weatherford College tract,also being the northwest comer of tract
of land described in deed to Aledo Independent School District,according to the deed filed
in Volume 2682,Page 958,D.R.P.C.T.,and also being the northeast comer of a tract of land
described in deed to Regina Grammer,according to the deed filed in Volume 2438, Page
899,D.R.P.C.T.;
THENCE S 8904535"W,along the most easterly south line of said Aledo I.S.D.tract(Vol.
2583,Pg. 1480).and along the north line of said Grammer tact,a distance of 250.41 feet to
a 3/8 inch iron rod found at the northwest corner of said Grammer tact,also being a re-
entrant corner of said Aledo I.S.D.tact(Vol.2583,Pg. 1480);
THENCE S 11033'30"E,along the most southerly east line of said Aledo I.S.D.tract(Vol.
2583,Pg. 1480),and along the west line of said Grammer tract,a distance of 349.60 feet to
the northeast corner of the proposed R-O-W line for said Old Weatherford Road,from which
a 3/8 inch iron rod found at the southwest corner of said Grammer tract,also being in east
line of said Aledo I.S.D.tact(Vol.2583,Pg.1480),bears S 11°33'30"E,a distance of 88.64
feet;
THENCE S 88037'48"W,over and across said Aledo 1.S.D.tact,along the proposed north
R-O-W line for said Old Weatherford Road,a distance of 2085.31 fie t to the POINT OF
04
BEGINNING and containing 132.362 acres of land.
F
5�io�
THERONW.SIMS�
Da August 10,2020 •'•Y" .....
598i"'
Texas Registration No.887 � �Fsst°uQ
Surveyed on the ground March 18,2020 No SURV0
"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 3 of
AI.O tot 52
Owner-Initiated Annexation Service Agreement 3 of 3
12/4/2020 M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FORTTII
DATE: 11/17/2020 REFERENCE M&C 20- LOG NAME: 06AX-20-003 AISD MS NO. 2—
NO.: 0840 OWNER INITITATED
CODE: L TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT. (FUTURE CD 3) Conduct Public Hearing, Authorize Execution of Municipal Services
Agreement and Consider Adopting Ordinance for the Proposed Owner-Initiated
Annexation of Approximately 136.24 Acres of Land in Parker County, Known as Aledo ISD
MS No. 2, Located North of Old Weatherford Road, East of Farmer (Farm to Market 3325)
and West of Walsh Ranch Parkway, in the West Planning Sector, AX-20-003
(PUBLIC HEARING - a. Report of City Staff: Mary Elliott; b. Public Comment; c. Council
Action: Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct public hearing for the proposed owner-initiated annexation of approximately 136.24
acres of land in Parker County, located North of Old Weatherford Road, East of Farmer (Farm
to Market 3325) and West of Walsh Ranch Parkway as shown on Exhibit A;
2. Authorize execution of Municipal Services Agreement between the City and property owner,
Aledo Independent School District; and
3. Adopt ordinance annexing approximately 132.362 acres in Parker County, Texas and 3.875
acres of county right-of-way (AX-20-003) for full purposes.
DISCUSSION:
On August 13, 2020, representatives for the property owners Aledo Independent School District
(AISD), submitted an application for full-purpose annexation of the property shown on Exhibit A into
the City of Fort Worth. The subject property is located entirely in that portion of the City's
extraterritorial jurisdiction which is in Parker County. The site is located north of Old Weatherford
Road, east of Farmer (Farm to Market 3325) and west of Walsh Ranch Parkway. The owner-initiated
annexation, which is approximately 132.362 acres, is consistent with the urban development
annexation criteria as established by the City's Annexation Policy. The subject area is currently
agricultural land and the property owner's proposal of a public middle school is consistent with the
future land use map of the 2020 Comprehensive Plan.
The proposed annexation has a related preliminary plat (PP-20-053) that was submitted on September
14, 2020. The preliminary plat boundary is adjacent to Fort Worth City Limits on the south side. On
September 16, 2020, the related zoning case (ZC-20-116) was heard by the Zoning Commission, and
the commission voted to recommend approval of the requested zoning to City Council. The requested
zoning is "CF" Community Facilities.
The annexation site is adjacent to Walsh Ranch. The proposed annexation site will be accessed from
Old Weatherford Road which AISD will be responsible for improvements to that portion that is adjacent
to their property. Improvements on Old Weatherford will be accepted by the City of Fort Worth for
maintenance upon completion. Old Weatherford Road is shown as a Neighborhood Connector, two-
lane, No Special Facility, Center two-way left turn lane, No Parking, Off-street sidepath, 110 foot wide,
on the City's Master Thoroughfare Plan \[NCO-L2-T0-TWLT-P0-BOP (110)\].
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:
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12/4/2020 M&C Review
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 voluntary annexation abuts approximately 3.875 acres of county right-of-way. Under
Section 43.106 of the Texas Local Government Code "a municipality that proposes to annex any
portion of a county road or territory that abuts a county road must also annex the entire width of a
county road and the adjacent right-of-way on both sides of the county road." The annexation of the
3.875 acres is the required right-of-way portion of the county road.
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 effect to the General Fund for the first
year. As a school the property will not generate tax revenue. However, due to the area experiencing
urban development and meeting the City's criteria for full-purpose annexation, staff recommends
approval of the requested owner-initiated annexation, AX-20-003.
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 annexing AX-20-
003 for full purposes.
Upon approval of the annexation request, the property will become part of COUNCIL DISTRICT 3.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that 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.
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 ID Year (Chartfield 2)
Submitted for City Manager's Office by_ Dana Burghdoff(8018)
Originating Department Head: D.J. Harrell (8032)
Additional Information Contact: Leo Valencia (2497)
ATTACHMENTS
City of Fort Worth Municipal Serv.Agt.AISD MS No. 2-signed.pdf
Exhibit A- Map AX-20-003.pdf
Ordinance (AX-20-003).docx
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