HomeMy WebLinkAboutContract 51256 CITY SECRETARY
COWRACT NO.
MUNICIPAL SERVICES AGREEMENT
SEQ 6 o��N BETWEEN THE CITY OF FORT WORTH,TEXAS
AND MARTY MELVIN & JUDY MELVIN
This Municipal Services Agreement ("Agreement") is entered into on _ Z4"v day of
, 2018 by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas ("City"), and MARTY MELVIN & JUDY MELVIN
("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 24.78 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-18-002 ("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
OFFICIIAL.RECORD
Owner-Initiated Annexation Service Agreement CITY SECRETARY 1 of
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 of 8
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.
Owner-Initiated Annexation Service Agreement 3 of 8
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.
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 8
CITY OF T H OWNER
By:
esus"Jay" Chapa i
Assistant City Manager
MaiV Melvind
Approved as to Form and Legality: 7
dy� Mel in
'
Senior Assistant City Attorney
Attest:
Z
Mary Kay
City Secreta
Approvals: X��
M&C l-' flit I 4'
Ordinance No.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,T%
Owner-Initiated Annexation Service Agreement 5 of 8
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the day of 2018,
by Jesus "Jay"Chapa,Assistant City Manager of the City of Fort Worth, a Te as municipal
corporation, on behalf of said corporation.
ti: '�' s�.: MARIA S.SANCHEZ
My Notary 1D 1#2256490 1
Notary Public, State of Texas °;rF.o,. +: Expires December 19,2021 I
State of Texas §
County of WJ 'VL §
This instrument was acknowledged before me on the 2, day of c l , 2018,
by Marty Melvin.
By:
SHILOH HOFACKET
` tp,F,Y Pv6'i
Notary Public, State of Texas
Notary Public' to of Texas -
'Q Comm. Expires 01-20-2021
Notary ID 129145815
State of Texas §
County of
This instrument was acknowledged before me on the day of 2018,
by Judy Melvin.
By. SHILON HOFACKET
Notary Public,State of Texas
_�
Notary Public, 6tatof Texas �;Fo�.�+` Comm. Expires 01-20-2021
Notary ID 129145815
After Recording Return to:
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
EXHIBIT A
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mrtt I -H BEARINGS ARE REFERENCED TO
TEXAS SATE PLANE
KEUE!R HICKS ROAD (CO&Rff NO. 4033) SYSTEM,TNORTH CENTRAL ZONECOORDINATE
(VARIABLE WIDTH RIW) (4202),NORTH AMERICAN
I DATUM OF 1983 AS DERIVED
NOTE:THIS EXHIBIT REPRESENTS AN FROM GPS OBSERVATION.
CURRENT INCORPORATED AREA ACTUAL ON THE GROUND SURVEY
24.781 ACRES TO BE ANNEXED
Q
EXHIBIT"A"SHOWING PROPOSED ANNEXATIONS ffr
I- T e.-*V'-4
Job No.: 10798 1 Scale: 1-45Y .
Sheet ..:............
G 00DVqM' JOHN N.ROGERS
MARSHALL g Drafted: B.A.J. C ked: J.N.R. M..........
CIVIL ENGINEERS-PLANNERS-SURVEYORS Surveyed on the Ground: 04/18/2018
SUR04
VIN MuNIMM Or**.GnprAvo,Tmft 76W1 Date Prepared: 06/01/2018
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Owner-Initiated Annexation Service Agreement 7 of8
EXHIBIT "A"
LEGAL DESCRIPTION
PROPOSED ANNEXATION
All that certain lot, tract, or parcel of land, situated in a portion of the Francisco Cuella Survey,
Abstract No. 266, Tarrant County, Texas, being part of that certain called 49.789 acre tract
described in a deed to Marty M. Melvin and Judy Melvin recorded in Volume 10868, Page 2010 of
the Deed Records of Tarrant County, Texas (DRTCT), and being more completely described as
follows, to-wit:
BEGINNING at a 5/8" capped iron rod found stamped "TNP" for the Southwest corner of Keller
High School No. 4 Addition recorded in Cabinet A, Slide 12733 of the Plat Records of Tarrant
County, Texas and being in the West line of said 49.789 acre tract, from which a 5/8" capped iron
rod found stamped "TNP" for the most westerly Northwest corner of said Keller High School No.
4 Addition bears North 00 deg. 24 min. 38 sec. West— 1264.08 feet;
THENCE North 89 deg. 35 min. 53 sec. East departing said West line and continue along the
South line of said Keller High School No. 4 Addition, a distance of 691.85 feet to a 5/8" capped
iron rod found stamped "TNP" for the Southeast corner of same and being in the East line of said
49.789 acre tract, from which a 1/2" iron rod found for the Southwest corner of a called 2.92 acre
tract described in a deed to Carol O. Funk recorded in Instrument No. D213165747 (DRTCT) and
the Northwest corner of a called 2.945 acre tract described in a deed to Sandra Spalding recorded
in Instrument No. D216067310 (DRTCT) bears North 00 deg. 25 min. 21 sec. West — 1136.27
feet;
THENCE South 0 deg. 25 min. 21 sec. East along said East line, at 1541.74 feet pass a 1/2"
capped iron rod found stamped "ARTHUR" for reference and continue a total distance of 1,560.94
feet to a P.K. nail set with washer stamped "GOODWIN &MARSHALL" for the Southeast corner
of said 49.789 acre tract and being in the approximate centerline of Keller Hicks Road (variable
width right-of-way);
THENCE South 89 deg. 46 min. 25 sec. West along the South line of said 49.789 acre tract and
said centerline, a distance of 692.18 feet to a P.K. nail set with washer stamped "GOODWIN &
MARSHALL" for the Southwest corner of said 49.789 acre tract;
THENCE North 0 deg. 24 min. 38 sec. Westdeparting said centerline and continue along the
West line of said 49.789 acre tract, at 20.29 feet pass a 5/8" iron rod found for reference and
continue a total distance of 1,558.81 feet to the POINT OF BEGINNING, containing 1,079,452
square feet or 24.781 acres of land, more or less.
Bearings are referenced to Texas State Plane Coordinate
System,North Central Zone (4202),North American
Datum of 1983 as derived from GPS observation.
Exhibit map attached and made a part hereof.
Owner-Initiated Annexation Service Agreement 8 of 8
M&C Review Page 1 of 2
Official site of the City of
Fort Worth,Texas
CITY COUNCIL AGENDA I�V
COUNCIL ACTION: Approved on 8/28/2018
REFERENCE 06MUNICIPAL SERVICES
DATE: 8/28/2018 NO.: L-16136 LOG NAME: AGREEMENT, AX-18-002,
OWNER-INITIATED
CODE: L TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of Municipal Services Agreement for the Proposed Owner-Initiated
Annexation of Approximately 24.78 Acres of Land in Tarrant County, Located North and
on the North Side of Keller Hicks Road, East of Riverside Drive, and West of Alta Vista
Road, in the Far North Planning Sector,AX-18-002 (FUTURE COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council execute the attached Municipal Services Agreement between the
City and property owners, Marty Melvin and Judy Melvin for the proposed owner-initiated annexation of
approximately 24.78 acres of land located north and on the North Side of Keller Hicks Road, East of
Riverside Drive, and west of Alta Vista Road.
DISCUSSION:
On June 5, 2018, representatives of the property owners Bloomfield Homes, L.P., submitted an application
for full-purpose annexation. The 24.78 acres is situated in Tarrant County within the City of Fort Worth
extraterritorial jurisdiction, located on the North Side of Keller Hicks Road, east of Riverside Drive, and west
of Alta Vista Road, see Exhibit A. The proposed annexation area is currently agricultural land with one
residential dwelling. The property is proposed for the development of 98 Single-Family detached lots.
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 property affected by this Municipal Services Agreement is adjacent to COUNCIL DISTRICT 7.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year Chartfield 2
FROM
Fund Department Account Project Program Activity Budget I Reference# Amount
ID I I ID Year Chartfield 2
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26165&councildate=8/28/2018 9/13/2018
M&C Review Page 2 of 2
Submitted for City Manager's Office by: Jay Chapa (5804)
Oriclinatinp Department Head: Randle Harwood (6101)
Additional Information Contact: Leo Valencia (2497)
ATTACHMENTS
Exhibit A- Map AX-18-002.Of
MSA Melvin.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26165&councildate=8/28/2018 9/13/2018