HomeMy WebLinkAboutContract 55238 i
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CITY SECRETARY
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MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS AND
Cornerstone Bible Church
This Municipal Services Agreement ("Agreement") is entered into on day of
..)",uw* , 901 by and between the City of Fort Worth, Texas, a home-rule
municipa ity of the State of Texas,("City") and Cornerstone Bible Church ("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 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.AY.-90-OCO ('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
�h
/ l 1 cF GD Omer-Initiated Annexation Service Agreement OFFICIAL C�RQ
?,021 CITY SECRETARY
CITY Of FORT WORU, FT. WORTH,TX
CffYSECRETAHY
III
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
to use the same. If a property owner desires to connect an existing structure to
Omer-Initiated Annexation Service Agreement 2 of 7
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 7
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 PROPERT OWNER
Cornerstone ible Church
B B r � � G
Y• Y•
ana BIc"itayoUnager
h John A Watson
Assista President
Approved as to Form and Legality:
m)��""-
l4
Senior Assistant City Attorney
Attest: Q� R T�o
Mary Kays �r
City Secretary
�E'XAS
Approvals:
M&C 1911-W
Ordinance No. 9` P%A Ul- 90L'�A
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the ,5�day of• , 20�,('
by Dana Burghdoff,Interim Assistant City Manager of the City of Fort Worth, a Texas
municipal corporation, on behalf of-�Raid corporation.
By:
Notary Public, State of Texas
MARY J. KAYSER
?°;,(►y;• Notery Public, State of Texas
� ``�. Comm, Expires 01.11-2026
oil,ff Notir ID 3898066
ORD
! {.i �v "PLLRETARY
Owner-initiated Annexation Service Agreement WORT,TY
State of Texas §
County of Denton § f
This instrument was acknowledged before me on the L/ day of_({Cp-p Lye yam, 20 2Q
by John A Watson o erstone bible Church.
No e f Texas
0,uuif,
11� ' LAUREN ENDSLEY
Notary Public, State of Texas
%9; +P Comm, Expires 04-21-2024
°;, `�� Notary ID 132445237
R®
CTAR�Owner-Initiated Annexation Service Agreement G �QRTV a f
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
t:gttTFt
D i;o t ca CALLED 0.1411
DENTON COUNTY,T TEXAS LITSEY ROAD t RANKLIN NUKT ), 7V4Y
r-WHIC SC AYAkIA(A81uUTN rt 0.1'!. Afi&TRACr
INST. NO. 2010-24873
DR.DC.T. — — — — — —
— N89-48'51"E 592.71' — - —
OLD LITSEY ROAD
(T-RF Bf•RIPTlVF R 0 W)
P.O.B. IAY WF.AND OCCLIPATnth1
CALLED 0.0303 ACRE TRACT
n, DENTON COUNTY,TEXAS to M
VOL 5549,PG.431 c I d g
D.R.D.C.T. 4.98 ACRES
v m t R V
CALLED 5.11 ACRE 'I M
c� CORNERSTONE BIBLE CHURCH
z REMAINDER OF INST. NO.2017-26595 61 ui
40.00 ACRE TRACT O.R.D.C.T. Lx,
I AM ONE, INC �d
d tD
INST. NO. 1999-37320 Af•PRDXIMATELrsr•AIIOA;a y- z �
O.R.D.C.T. BURVF.Y ABSTRACT ', I J � 00
CALLED 1.124 ACRE TRACT twf +I w cq
LITSEY PROPERTY LLC LL p
INST. NO,2019-35010
O.R.D.C.T 0. p IY
C7oz0
89°51'17"W 574,09' I = W F:
_j_ z_
5.001 ACRE TRACT J
RANDAL DWAYNE MAHAN
INST, NO.2013.66390 w
O.R.D.C.T. I o I
/ LEGEND I U I I
/ P.O.B.=POINT OF BEGINNING N 0
VOL- VOLUME PG.= PAGE -•i O IX I I
D.R.D.C.T -DEED RECORDS OF DENTON } z 0
COUNTY,TEXAS tp F
O R.D C.T.=OFFtctAL RECORDS.DALLAS m z ANNEXATION OF
0
NOTE COUNTY,TEXAS I 0 _
4.98 ACRES SITUATED IN
T?11s document was prepa ed under 22 1'AC A ROBINSON SURVEY,ABSTRACT NO, 1119
§663.21,duo+not reflect tiv results of on on M.E.P &P.R.R CO SURVEY,
too ground survey,and Is not to be used to ABSTRACT NO.906
convey or establish Interests to real proDorty �p
cxccpt those tghts And interests implied or c� ,.�I_;r+•. CITY OF FORT WORTH ETJ,
establishod by the creation or reconNureton rPti Fx DENTON COUNTY, TEXAS
of the boundary of the political subdivlston for ;.... . %
which It was prepared. I..pAtl KlimippoHorn
... ,Floor �DAVIDJ.De WFIRDT Sp86 �y .. IREGISTERED PRO•E=SSIONAL �� 1.+:,rj"Ic;.1a r.vt�rm+; •I CO r rror�a
C—N.Css( ..•' T-n i-11r Ire,D.LM Tr9M PJS> WNW 1011• 11J imS. *17Ju.1n�:
LAND SURVEYOR NO.6066 O SURVE I�� 0tj1' = " -� - "=�=
david.deweirdt@klrnley-horn.com �, I'-un• OAv lea rrr
:'AI RK.:N.IIAVIU 10.\!='1G 1 5!!•Id K'LY'L SVKb i Yr I,LL•'5101 U!SLY GHI:V C'J 1'AUL'ti�1[.l1hVL8A I ICN LAI I Il t 1 VLl ISLY AW4L?A t Y:V Lr.0Wl l GI;W.J15 t Jtll U':Ni
Owner-Initiated Annexation Service Agreement I of 2
EXHIBIT A
Continued
BEING a tract of land situated in the Archibald Robinson Survey, Abstract No. 1119, and the
M.E.P. & P_R.R. CO. Survey, Abstract No. 906, Denton County, Texas, and being all of a called
0.1411 acre tract of land described in the Donation Deed to Denton County, Texas, recorded in
Instrument No. 2010.24873,Official Records, Denton County, Texas and being more particularly
described as follows:
BEGINNING at the northwest corner of said 0,1411 acre tract, same being the northeast corner
of a called 0.0303 acre tract of land described in the Special Warranty Deed to Denton County,
Texas, recorded in Volume 5549. Page 131, Official Records, Denton County. Texas, and being
in the south right-of-way line of Litsey Road (a variable with right-of-way) and the south line of
that called 337.785 acre tract of land described in the City of Fort Worth Ordinance No. 14387.
which annexed a total of 405.525 acres into the City of Fort Worth (Annexation Case No A-00-
12 dated November 14,2000),
THENCE North 69"50'56" East, with said south right-of-way line of Litsey Road and said south
line of the 337,785 acre tract,a distance of 593.16 feet to the northeast corner of said 0.1411 acre
tract,
THENCE South 2"43'14" West, leaving said south right-of-way line and said south line of the
337 785 acre tract, with the east line of said 0.1411 acre tract a distance of 9.06 feet to the
southeast corner of said 0.1411 acre tract:
THENCE South 89"48'51"West,with the south line of said 0.1411 acre tract,a distance of 592.71
feet to the southwest corner of said 0.1411 acre tract;
THENCE North 0'08'43"West, with the west line of said 0.1411 acre tract, a distance of 9.41 to
the POINT OF BEGINNING and containing 0.13 acres of land
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.
OF
UAV 10 Dqw IMOT
Owner-Initiated Annexation Service Agreement 2 of 2
Annexation AX-20-008 Exhibit
Addition of approximately 5.10 Acres to become part of Council District 7
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Planning&Development Department
DESIGNATION 1:14,400 10/17/2020
Full Purpose Adjacent Cities
® Limited Purpose County Boundaries /jam COPYRIGHT 2020 CITY OF FORT WORTH UNAUTHORIZED REPRODUCTION IS A
m ty 4 VIOLATION OF APPLICABLE LAWS. THIS DATA IS TO BE USED FOR A GRAPHICAL
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.
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 01/26/21 M&C FILE NUMBER: M&C 21-0067
LOG NAME: 06AX-20-008 CORNERSTONE BIBLE CHURCH—OWNER INITITATED
SUBJECT
(Future CD 7)Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner-
Initiated Annexation of Approximately 5.10 Acres of Land in Denton County,Known as Cornerstone Bible Church,Located East of Interstate 35
West and South of Chadwick Farms Subdivision along Litsey Road, in the Far North Planning Sector,AX-20-008
(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 5.10 acres of land in Denton County,located east of
Interstate 35 West,south of the Chadwick Farms subdivision along Litsey Road as shown on Exhibit A;
2. Authorize execution of Municipal Services Agreement between the City and property owners,Cornerstone Bible Church;and
3. Adopt ordinance annexing AX-20-008 for full purposes.
DISCUSSION:
On October 19,2020,representatives for the property owners Cornerstone Bible Church,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 Denton County. The site is located east of Interstate 35 West,south of Chadwick Farms Subdivision along Litsey
Road. The owner-initiated annexation,which is approximately 5.10 acres,is consistent with the urban development annexation criteria as
established by the City's Annexation Policy. The subject area is currently the site of a church and vacant land. The property owner's proposal of
maintaining the current use while adding a Children's Education Center and playground is consistent with the future land use map of the 2020
Comprehensive Plan.
The proposed annexation has a related preliminary plat(PP-20-056)that was submitted on October 1,2020. The preliminary plat boundary is
adjacent to Fort Worth City Limits on the western and northern sides. The annexation case was presented to the City Plan Commission on
January 13,2021. The Commission voted to recommend approval of a recommendation to City Council for the annexation of the 5.10 acres at the
request of the property owners. There is no related zoning case. As such,the property will default to"AG"Agricultural zoning.
The proposed annexation site will continue to be accessed from Litsey Road,Endeavor Way,and Integrity Court. Litsey 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-TO-TWLT-PO-BOP(110)]. The development will be responsible for contributing to the construction of that
portion of Endeavor Way(Collector)and Integrity Way which are adjacent to their property. Improvements on Endeavor Way and Integrity Court will
be accepted by the City of Fort Worth for maintenance upon completion.
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 voluntary annexation abuts approximately 0.13 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 0.13 acres is the required right-of-way portion of
the county road.
While the current church use will remain the applicant has proposed to add a Children's Education Center and playground. In its current use,the
property does not generate tax revenue. Since the site is proposed to remain for use as a church it is anticipated that the annexation will have a
negative fiscal impact to the General Fund into the foreseeable future. A fiscal impact analysis was generated with the assistance of various City
Departments. The fiscal impact analysis was then provided to Planning&Data Analytics for review. Operating costs projected from the Police,
Code Compliance,and Transportation and Public Works Departments,show a negative effect to the General Fund for the life of the project. The
site is part of an enclave and is situated in an area experiencing urban development. As an enclave it is not required to have a positive fiscal
impact.
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-20-008.
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-20-008 for full purposes.
If annexed,this property will become part of COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that the impact of this annexation will be built into the City's long-term financial forecast of the General Fund.
Submitted for City Manager's Office by: Dana Burghdoff 8018
Originating Business Unit Head: D.J. Harrell 8032
Additional Information Contact: Leo Valencia 2497
Expedited