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HomeMy WebLinkAboutContract 51973 CITY SECRETARY r,fTrPACT NO,. 51Q?3 MUNICIPAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH, TEXAS AND MITCHELL,MITCHELL & MITCHELL PARTNERS, LTD. This Municipal Services Agreement ("Agreement") is entered into on 644' day of W , WJ6 by and between the City of Fort Worth, Texas, a home-rule municipal ty of the State of Texas, ("City") and MITCHELL, Mitchell & Mitchell Partners, Ltd. ("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 18.818 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-18-0009 ("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 R�CEiI;'cD FEB 2 nr;: NOW THEREFORE, in exchange for the mutual covenants, conditions and promises mycFroRrcontained herein, City and Owner agree as follows: CI n'SECRErgR y rH 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, V,FC� NES available municipal services to the Property in accordance with state law, wh[FT be.. FE818 2019 OFFICIAL RECORD CIYY OF F0fl( �-Initiated Annexation Service Agreement 1E �ETAR� ori SSC�0..w 60RTH,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 MITCHELL, MITCHELL & MITCHELL PARTNERS,LTD. By: By: C Jesus "Jay" Chapa Name: n—Z r ,�- w ,m Ft e4 Assistant City Manager Title: Pq t2-r 1,14e r Approved as to Form and Legality: Senior Assistant City Attorney f O R-r Attest: O� ' Mary Kayser City Secretary XX Approvals: M&C 1.-1k 16 0;1105119 Ordinance No. 7�3rj Ia i-fl'Z`'Lf)1°I tt$ SIS: �o Iq-y45y4� OFFICIAL RECORD CITY SECRETARY Owner-Initiated Annexation Service Agreement MT, WORTH, -r�5 0 9 State of Texas § County of Tarrant § This instrument was acknowledged before me on theday o f , 20 by Jesus "Jay" Chapa, Assistant City Manager of the City of Fort Worth, a exas muni 'pal corporation, on behalf of said corporation. By: /2.W , A, 'To,, Notary Public, State of Texas :'i�• MARIA S.SANCHEZ *= My Notary ID#2256490 Expires December 19,2021 State of s § County of § This instrument was acknowledged before me on the?10 day of x.1g0&k,,, , 2018, by Pi TC Vn I�-ct e ) General Partner of Mitchell, Mitchell & Mitchell Partners, Ltd., oli� f of said limited partnership. By: ,..N * t��•'s'khz RENEE PARR Notary ublic, State of Texas My Notary ID#3233511 's;••pf�''�' Expires June 19,2021 NQNf After Recording Return to: City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Owner-Initiated Annexation Service Agreement OFFII IA;l 6 of 9 CITY SECRE` AR`s FT.W©RTK U 1/ 1 JI .11 i 1 PORT - `_ RS MITCHELL. MITCHELL & PARTNERS. LTD. �/ 18.8 • ACRES OVA oup No )FA od f� 3 /• �'�, la"oV• �,rr '� /:ir a 1 - 1 ly loom r r ■ 1 1 1 ■ 1 1 ■ Fn- Drafted, ! EXHIBIT A ANNEXATION LEGAL DESCRIPTION 18.818-ACRES BEING a tract of land situated in the Jeremiah Ivy Survey, Abstract No. 649, Denton County, Texas, being a portion of the First Tract as described in deed to Mitchell, Mitchell & Mitchell Partners, Ltd., recorded in Volume 4498, Page 2108, Deed Records, Denton County, Texas (DRDCT), and being more particularly described as follows: COMMENCING at a point at the intersection of the east line of the B.N. & S.F. Railway Company R.O.W. (apparent 100' R.O.W., no record found) and the north line of Petty Place (per Dedication Deed, 2010-22890&Amended Dedicatory Certificate, 2010-34605, Official Records, Denton County, Texas),being the most westerly northwest corner of the final plat 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,being the southwest corner of a remainder portion of said Mitchell First Tract, from which a 5/8" rebar with a plastic cap stamped "ANA" found bears N 769 P 19" W, 0.51 feet; THENCE along the east line of the said B.N. & S.F. Railway R.O.W. and the west line of said Mitchell First Tract, as follows: Northeasterly, along a curve to the right, having a radius of 11409.20 feet, a central angle of 00°02'40", an arc distance of 8.83 feet and a chord that bears N 1711'40" E, 8.83 feet to a 1/2" rebar with a yellow plastic cap stamped "Goodwin & Marshall" recovered at the end of said curve, said point being 50.0 feet easterly from the center of said railroad R.O.W.; N 17°13'00" E, tangent to said curve, a distance of 416.20 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE N 17013'00" E,along the east line of the said B.N. &S.F. Railway R.O.W. and the west line of said Mitchell First Tract, a distance of 1052.21 feet to a 1/2"rebar with a yellow plastic cap stamped"Goodwin&Marshall"recovered,being 50.0 feet easterly from the center of said railroad R.O.W., being the northwest corner of said Mitchell First Tract and the southwest corner of a tract of land as described in deed to Gebert Family Partnership, L.P., recorded in Volume 5237, Page 477, DRDCT; THENCE S 89046'58" E, departing the east line of said B.N. & S.F. Railway R.O.W., along the north line of said Mitchell First Tract, a distance of 563.84 feet (deed 543.18 feet) to a 1/2" rebar found at the northeast corner of said Mitchell First Tract and the northwest corner of a tract of land as described in deed to Doyle D. Wood, recorded in Volume 1460, Page 837, DRDCT; THENCE S 00024'49"E,along the east line of said Mitchell First Tract,the west line of said Wood tract, the west line of a tract of land as described in deed to James L. Eidson & Vivian Bolton, Owner-Initiated Annexation Service Agreement 8 of 9 recorded in 95-R0043014, Official Records, Denton County, Texas, the west line of a 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,the west line of a tract of land as described in deed to Oneta Henry, recorded in Volume 4517, Page 580, DRDCT, the west line 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, a distance of 1213.50 feet to the southeast corner of the herein described tract of land; THENCE departing the west line of said Wood tract recorded in Volume 1460,Page 844,DRDCT, across said Mitchell tract, as follows: S 89°28'08" W, a distance of 5.37 feet; N 76°31'19" W, a distance of 903.54 feet to the POINT OF BEGINNING and containing 18.818 acres of land, more or less. 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 I 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 Are associated with this Contract Da4a . (47v 1 wa Printed Name Signature OFFICIAL.RECORD CITY SECRETARY FT. WORTH,TX M&C Review Page 1 of 2 a Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fo` COUNCIL ACTION: Approved on 2/5/2019 REFERENCE ** 06MUNICIPAL SERVICES DATE: 2/5/2019 NO.: L-16178 LOG NAME: AGREEMENT, AX-18-009, OWNER-INITIATED CODE: L TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of Municipal Services Agreement for the Proposed Owner-Initiated Annexation of Approximately 18.82 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-18-009 (FUTURE COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council execute the attached Municipal Services Agreement between the City and property owners, Mitchell, Mitchell & Mitchell Partners, Limited for the proposed owner- initiated annexation of approximately 18.82 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, Mitchell, Mitchell & Mitchell Partners, Limited submitted an application for full-purpose annexation. The 18.82 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 mostly vacant land. The property is proposed for industrial type development, and the proposed zoning is " I" Light Industrial. The ordinance for AX-18-009, 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/me_review.asp?ID=26711&councildate=2/5/2019 2/8/2019 M&C Review Page 2 of 2 TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I ID 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 AX-18-009.Of FINAL Municipal Serv.Aqt Mitchell Partially Executed.pdf Form 1295 Mitchell AX-18-009 Redacted.pdf http://apps.cfwnet.org/council_packet/mc—review.asp?ID=2671 1&councildate=2/5/2019 2/8/2019