HomeMy WebLinkAboutContract 57379 CSC No.57379
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS
AND 1187 PROPERTIES,LLC.
This Municipal Services Agreement ("Agreement") is entered into on 29th day of
March 2022 by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas,("City")and 1187 Properties, LLC. ("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, 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 0.673 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-22-002 ("Annexation Case");
WHEREAS, City and Owner desire to set out the City services to be provided for the
Property on or after the effective date of annexation;
WHEREAS,the Annexation Case and execution of this Agreement are subject to approval
by the Fort Worth City Council; and
NOW THEREFORE, in exchange for the mutual covenants, conditions and promises
contained herein,City and Owner agree as follows:
1. PROPERTY. This Agreement is only applicable to the Property, which is the subject of the
Annexation Case.
2. INTENT. It is the intent of the City that this Agreement provide for the delivery of full,
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.
OFFICIAL RECORD
CITY SECRETARY
Owner-Initiated Annexation Service Agreement FT.WORTH, TX
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 comparable with the provision of services available in other parts of the
municipality with topography, land use and population density similar to the
level of service contemplated or projected in the area.
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 Development Services 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. If applicable,water and sanitary
sewage service will be provided by the City at rates established by City
ordinances for such service. However, it is understood by Owner and City that
the Property is subject to an easement and no building or structure will be
owner-Initiated Annexation Service Agreement 2 of 7
constructed in the easement and will not be provided water or sewer services.
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 fall-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 fall 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. SEVERABIELITY. 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
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.
Owner-Initiated Annexation Service Agreement 3 of 7
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. Except as provided in Section 15,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 1187 PROPERTIES, LLC
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By ?� By:
Name: Name: J S. Broude
Title: Assistant City Manager Title: Manager
Approved as to Form and Legality:
Name: Melinda Ramos
Senior Assistant City Attorney
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Attest: �� FORTOa
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City Secretary ,f �
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Approvals: a��nEXPsa�p
M&C: 22-011970
Ordinance 1V o. 25428-03-2022
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Owner-Initiated Annexation Service Agreement 5 of 7
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the llth day of April 20 2,
by Dana Burghdoff ,Assistant City Manager of the City of Fort Worth, a Texas
municipal corporation, on behalf of said corporation.
Ma✓ia Sanchez
Maria S...h,,(Apr 11,202216:07 CDT)By:
Notary Public, State of Texas
s o ti MARLA S SANCHEZ
Natary ID#2 25 6490
My Commission Expires
December 19,2025
State of Texas §
County of TGrrox1`r §
This instrument was acknowledged before me on the A* day of Mdr-t!h , 2011
by John S. Broude. Manager of on behalf of said 1187 Properties, LLC.
By: ,fit �Z1
Notary Public, State of Texas
CASMDRA HOLLMD
My Notary ID#130501964
; Expires January 19,202�4
After Recording Return to: ,X.
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Owner-Initiated Annexation Service Agreement 6 of 7
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Owner-Initiated Annexation Service Agreement 7 of 7
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 03/29/22 M&C FILE NUMBER: M&C 22-0190
LOG NAME: 06AX-21-002 HLS-STRIP—OWNER INITITATE
SUBJECT
(Future CD 6)Conduct Public Hearing, Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed
Owner-Initiated Annexation of Approximately 0.673 Acres of Land in Tarrant County, Known as the HLS-Strip, Located West of Oak Grove Creek
Road and South of FM 1187, in the Far South Planning Sector, AX-22-002
(PUBLIC HEARING-a. Report of City Staff: Stuart Campbell; 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 0.673 acres of land in Tarrant County located west of
Oak Grove Road and south of FM 1187, as shown on Exhibit A; and
2. Authorize execution of Municipal Services Agreement between the City and property owners, 1187 Properties, LLC.; and
3. Adopt ordinance annexing AX-22-002 for full purposes.
DISCUSSION:
On February 18, 2022, representatives for the property owners 1187 Properties, LLC., submitted a request for full-purpose annexation of the
property shown on Exhibit A into the City of Fort Worth. The subject property is located in the City's extraterritorial jurisdiction in Tarrant County. The
site is located west of Oak Grove Road and south of FM 1187. The owner-initiated annexation, which is approximately 0.673 acres is currently
agricultural land. The site will remain agricultural as the property owner has no plans for development on the property. Upon Annexation,zoning will
default to"AG"Agricultural.
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.
This annexation will allow the City to effectuate the Pre-Annexation Agreement between the City of Fort Worth, Texas and Parks of Village Creek
(City Secretary Contract 57026). Under this agreement the property owner has taken steps to create city-limit adjacency to the Parks of Village
Creek development. This adjacency will allow the single owner of both properties to request annexation of the Parks of Village Creek
development in phases, as described in City Secretary Contract 57026.
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-
22-002 for full purposes.
If annexed,this property will become part of COUNCIL DISTRICT 6.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of these recommendations will have no material effect on City funds.
Submitted for City Manager's Office W. Dana Burghdoff 8018
Originating Business Unit Head: D.J. Harrell 8032
Additional Information Contact: Leo Valencia 2497