HomeMy WebLinkAboutContract 51969 CITY SECRUARY
CONTRACT N0.
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS
AND THE BETTY SUE BELLINGHAUSEN FAMILY TRUST
Ibis Municipal Services Agreement ("Agreement") is entered into on 6�' day of
W� by and between the City of Fort Worth, Texas, a home-rule
municipa ty of the State of Texas,("City")and The Betty Sue Bellinghausen Family
("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 13.251 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-18-0011 ("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.
BvCENq INTENT. It is the intent of the City that this Agreement provide for the delivery of full,
FE9 2 6 2019 available municipal services to the Property in accordance with state law, which may
r SOCIV REWTA�Y H
OFFICIAL RECOR®
Owner-Initiated Annexation service Agreement CITY SEQy ATARY
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 9
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 9
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 9
CITY OF FORT WORTH THE BETTY SUE BELLINGHAUSEN
FAMILY TRUST
By: �Chapa
Jesus "Jay" Charles Clyae BellinghWisen,
Assistant City Manager Trustee
Approved as to Form and Legality:
Senior Assistant City Attorney
Attest:
O� '••'per,
Mary Kaysdj ' 'Ic
City Secre f
Approvals: TE
M&C "-Wq0 02 06li9
Ordinance No.
LOFFICIALRECDRIET% y
Owner-Initiated Annexation Service Agreement � �
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the—LY—day o , 201,
by Jesus"Jay" Chapa, Assistant City Manager of the City of Fort Worth, a Texas muqVipal
corporation, on behalf of said corporation.
By:
Notary Public, State of Texas
MARIA S.SANCHEZ
?,* My Notary ID#2256490
+.'` Expires December 19,2021
State of TeW §
County of ,/e•y-M §
This instrument was acknowledged before me on theday of_ p�. , 2018,
by Charles Clyde ng aus , Trustee of The Betty Sue Bellinghausen Family Trust, on
behalf of said t.
By. Kyle L Whelan ,
� !*
Notary Public,State of Texas
Comm.Expires 03/06/2021
Notary Public, State of Texas � xfi� NotarylQl£5:12_12
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner-Initiated Annexation Service Agreement 6 of 9
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
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EXHIBIT A
ANNEXATION LEGAL DESCRIPTION
13.251-ACRES
BEING a tract of land situated in the James Smith Survey, Abstract No. 1149, Denton County,
Texas, being that tract of land as described in deed to The Betty Sue Bellinghausen Family Trust,
Charles Clyde Bellinghausen, Trustee, recorded in 2013-132480, Official Records, Denton
County, Texas (DRDCT), and being more particularly described as follows:
COMMENCING at a 5/8" rebar found at the northeast corner of Petty Place right-of-way per
dedication deed recorded in 2010-22890 & amended dedicatory certificate recorded in 2010-
34605, ORDCT, the northwest corner of a tract of land as described in Final Judgment to FW
Sports Authority,Inc.,recorded in Volume 4960,Page 2270,DRDCT,the most westerly northwest
corner of a remainder portion of Texas Motor Speedway, an addition to the City of Fort Worth,
Denton County, Texas as recorded in Cabinet V, Page 493, Plat Records, Denton County, Texas,
and the southwest corner of a tract of land as described in deed to Doyle D. Wood and wife Susan
D. Wood,recorded in Volume 1460,Page 844, DRDCT, said point lying in the west line of Private
Road No. 4716;
THENCE N 00024'49" W,along the west line of said Private Road No. 4716, a distance of 531.19
feet (deeds 531.14 feet) to a point at the most westerly southwest corner of said Bellinghausen
tract and the northwest corner of a tract of land as described in deed to Oneta Henry, recorded in
Volume 4517, Page 580, DRDCT, said point lying in the east line of a remainder portion of the
First Tract as described in deed to Mitchell, Mitchell & Mitchell, Partners, Ltd., recorded in
Volume 4498, Page 2108, DRDCT, being the POINT OF BEGINNING of the herein described
tract of land;
THENCE N 00024'49" W, along the west line of said Private Road No. 4716,the west line of said
Bellinghausen tract, and the east line of said Mitchell First Tract, a distance of 430.19 feet (deed
430.47)to a 1/2" rebar found at the northwest corner of said Bellinghausen tract and the southwest
corner of a tract of land as described in deed to James L. Eidson &Vivian Bolton, recorded in 95-
R0043314, DRDCT;
THENCE N 89033'13" E, departing the west line of said Private Road No.4716 and the east line
of said Mitchell tract, along the north line of said Bellinghausen tract and the south line of said
Eidson & Bolton tract, a distance of 1224.69 feet(deeds 1224.79 feet)to a 1/2" rebar found at the
northeast corner of Bellinghausen tract and the southeast corner of said Eidson & Bolton tract;
THENCE S 000 12'25" E, along the east line of said Bellinghausen tract, a distance of 480.87 feet
(deed 480.47 feet)to a 1/2" rebar found at the southeast corner of said Bellinghausen tract and the
northeast corner of said Wood tract;
THENCE S 89035'00" W,along the south line of said Bellinghausen tract and the north line of said
Wood tract, a distance of 1005.02 feet (deeds 1005.27 feet) to a 1/2" rebar found at the most
southerly southwest corner of said Bellinghausen tract,said point lying in the east line of said Henry
Owner-Initiated Annexation Service Agreement 8 of 9
tract;
THENCE N 00024'49" W, along a reentrant line of said Bellinghausen tract and the east line of
said Henry tract, a distance of 50.03 feet (deed 50.0 feet) to a 1/2" rebar capped Goodwin &
Marshall set at a reentrant corner of said Bellinghausen tract and the northeast corner of said Henry
tract;
S 89°35'11" W, along a reentrant line of said Bellinghausen tract and the north line of said Henry
tract, at a distance of 217.66 feet passing a 1/2" rebar found, continuing a total distance of 217.94
feet(deeds 217.80 feet)to the POINT OF BEGINNING and containing 13.251 acres of land.
NOTES:
1. This Property Description represents an actual on the ground survey.
2. Bearings are referenced to the final plat of Lots 1 & 2, Block A & Lot 2, Block 1, Speedway
Distribution Center as recorded in 2009-31, Official Records, Denton County, Texas - NAD 83
(1993) datum.
Owner-Initiated Annexation Service Agreement 9 of 9
Contract Compliance Manager:
By signing 1 acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Name of Employee/Signature
Title
This form is N/A as No City Funds re associated with this Contract
_`�
Printed Name Signature
OFFICIAL RECORD
Ci?3Y SECRETARY
F�: WORTH,TX
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FoT m
COUNCIL ACTION: Approved on 2/5/2019
_...___
REFERENCE06MUNICIPAL SERVICES
DATE: 2/5/2019 NO.: **L-16180 LOG NAME: AGREEMENT, AX-18-0011,
OWNER-INITIATED
CODE: L TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of Municipal Services Agreement for the Proposed Owner-Initiated
Annexation of Approximately 13.251 Acres of Land in Denton County, Located East of
Blue Mound Road, North of Highway 114 and West of Texas Motor Speedway, in the Far
North Planning Sector, AX-18-0011 (FUTURE COUNCIL DISTRICT 7)
. ... �__ __ _ _
_ _... ._.__ _. _ ._..._
RECOMMENDATION:
It is recommended that the City Council execute the attached Municipal Services Agreement between
the City and property owners, The Betty Sue Bellinghausen Family Trust, for the proposed owner-
initiated annexation of approximately 13.251 acres of land located east of Blue Mound Road, north of
Highway 114 and west of Texas Motor Speedway.
DISCUSSION:
On October 30, 2018, representatives of the property owners, The Betty Sue Bellinghausen Family
Trust, submitted an application for full-purpose annexation. The 13.251 acres are situated in Denton
County within the City of Fort Worth extraterritorial jurisdiction, east of Blue Mound Road, north of
Highway 114 and west of Texas Motor Speedway, see map Exhibit A. The proposed annexation
area is currently vacant land. The property is proposed for industrial type development, and the
proposed zoning is "I" Light Industrial. The ordinance for AX-18-0011, owner-initiated annexation, is
also being considered on this City Council docket.
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 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 based upon the proposed development, the annexation will
have a long-term positive impact to the General Fund.
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26716&councildate=2/5/2019 2/8/2019
M&C Review Page 2 of 2
TO
Fund Department I Account Project Program Activity Budget Reference# Amount
ID ID Year (Chartfield 2)
FROM
Fund Department]---Account Project Program Activity Budget Reference# Amount
ID ID I I Year Chartfield 2
Submitted for City Manager's Office by: Jay Chapa (5804)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Leo Valencia (2497)
ATTACHMENTS
Exhibit A-Map AM 8-0011.pdf
FINAL Municipal Serv.Agt. Bellinghausen Partially Executed.pdf
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=26716&councildate=2/5/2019 2/8/2019