HomeMy WebLinkAboutContract 51360 CITY SECRETARY
CONTRACT NO. C�
REC�rv�D MUNICIPAL SERVICES AGREEMENT
pd A*t
CITVC�FORjwOva" BETWEEN THE CITY OF FORT WORTH,TEXAS
! CITY SECREIARV
O AND BOAZ HOLDINGS,LP
6'8 This Municipal Services Agreement ("Agreement") is entered into on 14" _ day of
SJj0kmUW , Jblg by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas,("City")and Boaz Holdings, LP("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;
WHEREAS, Owner owns certain parcels of land situated in Tarrant, Texas, which
consists of approximately 136.90 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-18-001 ("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 accordanc may be
accomplished through any means permitted by law. OFFICIAL RECORD
CITY SECRETARY
Owner-Initiated Annexation Service Agreement F�h. ORTHO TX 1 of 9
3. MUNICIPAL SERVICES.
a. Commencing on the effective date of annexation, 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 will
provide emergency medical services.
iv. Planniniz, Zoning, and Building — 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. Publicly Owned Parks,Facilities, and Buildings
1. Residents of the Property will be permitted to utilize all existing
publicly-owned and available parks, facilities (including, community
service facilities, libraries, swimming pools, etc.), and buildings
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.
2. 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. 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 stonnwater management services.
vii. Streets_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.
viii. Water and Wastewater
1. Existing, occupied homes that are using water-well and on-site
sewer facilities on the effective date of annexation may continue to
use the same. If a property owner desires to connect 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
Owner-Initiated Annexation Service Agreement 2 of 9
sewer mains,the water and sanitary sewage service will be provided
by the City at rates establish by City ordinances for such service.
2. New homes will be required to connect to the City's water and sewer
system at the owner's expense.
ix. Solid Waste Services—The City will provide solid waste collection services in
accordance with existing City ordinances and policies,except where prohibited
by law.
x. Code Compliance — The City's Code Compliance Department will provide
education, enforcements, and abatement relating to code violations within the
Property.
b. It is understood and agreed that the City is not required to provide a service that is not
included in this Agreement.
c. 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.
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.
8. 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.
9. 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.
10. 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.
11. 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.
Owner-Initiated Annexation Service Agreement 3 of 9
12. 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.
13. 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.
14. AGREEMENT BINDS 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 and is binding on the Owner.
15. 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.
CITY OF FORT WORTH BOAZ HOLDINGS,LP
By: By:
or &o�-
Jay Chapa Name: � Q
Assistant City Manager Title: aber
Approved as to Form and Legality:
Assistant City Attorney OR T
Attest:
Mary Kays r .
City SecrXAs -r
A« 1
r-iNpry v aim.
M&C L-6145'
Ordinance No. =i—
�2a,i-3?ffi-( '/ OFFICIAL RECORD
CITY SECRETARY
T.VIV RTHo TX
Owner-Initiated Annexation Service Agreement 4 of 9
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the_;Jjid-ay of204
by Jay Chapa, Assistant City Manager of the City of Fort Worth, a Texas munk ipal corporation,
on behalf of said corporation.
By: x
Notary Public, State of Texas
MARIA S.SANCHEZ
My Notary ID#2256490
6F i Expires December 19,202' 1�
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State of Texas §
County of—G% at §
This instrument was acknowledged before me on the day o , 21O �
by , S�x�n _ of[Name of individ sig ing, title (if
any)] on behalf of said [insert name of company or individual
where applicable].
Notary Public, State of Texas KIMBERLY DAWN D2=
Notary Pub
STATE OF TE
N ID#125
Ma
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
DOIFFICIALRECORD
Owner-Initiated Annexation Service Agreement 5 of 9
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Exhibit A
BOUNDARY DESCRIPTION - WESTPOINTE
136.900 ACRES OF LAND
BEING a tract of land situated in the R. Whitley Survey, Abstract Number 1672,the B. Thomas
Survey, Abstract Number 1497 and the G.T. Walters Survey, Abstract Number 1696, Tarrant
County,Texas, being portion of that remainder tract of land described by deed to Boaz Holdings,
LP., recorded in Instrument Number D212142260, County Records, Tarrant County, Texas and
being more particularly described by metes and bounds as follows:
COMMENCING at the southwest corner of said remainder, being the southeast corner of that
tract of land described by deed to Texas Electric Service Company recorded in Volume 2658,Page
309, said County Records and being in the north right-of-way line of W. Bailey Boswell Road (a
variable width right-of-way);
THENCE N 00014'37"E, 2329.46 feet,departing said right-of-way line with the west line of said
remainder to the northwest corner of said remainder;
THENCE departing said west line with the north line of said remainder the following courses and
distances:
N 89042'5 1"E, 1675.84 feet, to the beginning of a non-tangent curve to the left;
With said non-tangent curve to the left, an arc distance of 143.40 feet, through a central
angle of 13'44'10", having a radius of 598.14 feet, the long chord which bears N
66042'38"E, 143.05 feet;
N 59°58'43"E, 357.71 feet,to the beginning of a curve to the right;
With said curve to the right, an arc distance of 269.38 feet, through a central angle of
28°09'28", having a radius of 548.14 feet, the long chord which bears N 74°03'27"E,
266.68 feet;
N 00°00'31"E, 28.03 feet;
N 89039'39"E, 1699.58 feet,to the beginning of a non-tangent curve to the left;
THENCE with said non-tangent curve to the left,an arc distance of 284.54 feet,through a central
angle of 16°18'11", having a radius of 1000.00 feet, the long chord which bears S 08°37'35"E,
283.58 feet departing said north line over and across said remainder tract to the south line of said
remainder and the north line of The Parks at Boat Club, an addition to the City of Fort Worth
recorded in Cabinet A, Slide 11979, said County Records;
THENCE S 89041'04"W, 264.92 feet,with the south line of said remainder and the north line of
said The Pars at Boat Club to the north west corner of said The Parks at Boat Club:
THENCE continuing with the south and east lines of said remainder tract the following courses
Owner-Initiated Annexation Service Agreement 7 of 9
Exhibit A
and distances:
S 89039'20"W, 223.10 feet;
S 83°12'31"W, 356.12 feet;
S 89039'28"W, 359.00 feet;
S 00021'55"E, 215.49 feet;
S 89°39'21"W,479.79 feet;
N 00021'55"W, 227.50 feet;
S 89035'19"W, 177.26 feet;
S 59058'12"W, 576.36 feet;
S 19014'04"E, 137.00 feet;
S 00001'52"W, 110.44 feet,to the beginning of a non-tangent curve to the right;
With said non-tangent curve to the right, an arc distance of 88.86 feet, through a central
angle of 101049'34", having a radius of 50.00 feet, the long chord which bears S
31026'00"E, 77.62 feet;
S 86026'00"E, 141.88 feet;
S 75 012'3 1"E,41.16 feet;
S 13°21'26"W, 117.37 feet, to the beginning of a non-tangent curve to the right;
With said non-tangent curve to the right, an arc distance of 775.67 feet, through a central
angle of 76037'30", having a radius of 580.00 feet, the long chord which bears S
38019'49"E, 719.14 feet;
S 00001'03"E, 14.03 feet;
S 45012'04"E, 14.10 feet;
S 89036'54"W, 70.00 feet;
S 00001'03"E, 1050.69 feet, to the southeast corner of said remainder tract and the north
right-of-way line of aforementioned W. Bailey Boswell Road;
THENCE N 89056'54"W, 2394.79 feet, with the south line of said remainder and said right-of-
Owner-Initiated Annexation Service Agreement 8 of 9
Exhibit A
way line to the Point of Beginning and containing 5,963,379 square feet or 136.900 acres of land
more or less.
"This document was prepared under 22 TAC 663.2 1,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."
Owner-Initiated Annexation Service Agreement 9 of 9
CERTIFICATE OF INTERESTED PARTIES
I=CBM 1295
loll
Complete Nos.i-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,z,3.5.and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-378844
Boaz Holdings,LP
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/1212018
being filed.
City of Fort Worth Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
#AX-18-0001 and#ZC-18-081
Annexation and Zoning
Nature of interest
4
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
b Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is W ) J 1 Q)l f 600,9— X and my date of birth is
My address is_1977 li(11j We 76179 ,
(street) (City) (state) (zip Code) (Country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in T County, State of on the
—L
ay of 201-3.
(mo h) (year)
Signature of authorized a&K of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state_tx.us Version V1.0.6711
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/11/2018
DATE: Tuesday, September 11, 2018 REFERENCE NO.: L-16145
LOG NAME: 06MUNICIPAL SERVICES AGREEMENT, AX-18-001, OWNER-INITIATED
SUBJECT:
Authorize Execution of Municipal Services Agreement for the Proposed Owner-Initiated Annexation of
Approximately 136.90 Acres of Land in Tarrant County, Located North of West Bailey Boswell Road,
South of Park Drive, and East of Boat Club Road, in the Far Northwest Planning Sector, AX-18-001
(FUTURE COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council execute the attached Municipal Services Agreement between the
City and Boaz Holdings, Limited Partnership for the proposed owner-initiated annexation of approximately
136.90 acres of land located west Bailey Boswell Road, south of Park Drive, and east of Boat Club Road.
DISCUSSION:
On April 10, 2018, Boaz Holdings Limited Partnership submitted an application for full-purpose annexation
of 136.90 acres in Tarrant County, located west Bailey Boswell Road, south of Park Drive, and east of
Boat Club Road, see map exhibit A. The proposed annexation area is in an enclave surrounded by Fort
Worth city limits and contains vacant land proposed for residential and commercial
development. Annexation of the area is consistent with the enclave and urban development criteria in the
City's annexation policy. The companion annexation case and zoning case are scheduled for City Council
action immediately following action on this M&C on September 11, 2018.
Texas Local Government Code requires that a municipality that pursues owner-initiated annexation of an
area first negotiate and enter into a written agreement with the owners of land in the area for the provision
of 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 Agreement includes all services provided by the City within its full-purpose boundaries.
The property affected by this Municipal Services Agreement would become part of COUNCIL DISTRICT 7
upon annexation.
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.
Logna ne: 06MLJNICIPAL SERVICES AGREEMENT,AX-18-001, OWNER-INITIATED Page 1 of 2
TO
Fund Department ccoun Project JPrograittiiviityl Budget Reference # �moun
IDI ID I Year (Chartfield 2)
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Leo Valencia (2497)
ATTACHMENTS
1. Boaz Holdings LP Form 1295.pdf (Public)
2. Exhibit A M-C Map AX-18-001.0f (Public)
3. Municipal Services Agmt- Boaz Holding LP.pdf (Public)
Logname: 06MUNICIPAL SERVICES AGREEMENT, AX-18-001, OWNER-INITIATED Page 2 of 2