HomeMy WebLinkAboutContract 52110 CITY SECRETARY
CONTRACT NO. 5o'l 110
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS
AND MENTONE PARTNERS,LLC
T his Municipal Services Agreement ("Agreement") is entered into on day of
k Y(h , tOn— by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas,("City")and Mentone Partners, 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, 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 45.36 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-18-008 ("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
AR
2 5 2019
Q/ 1Dwner-Initiatad Annexation Service Agreement rV —7–o g s -
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CrysFCR�r�R OFFICIAL RECURD
CITY SECRETARY
FT. WORTH,TX
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
to use the same. If a property owner desires to connect an existing structure to
Owner-Initiated Annexation Service Agreement 2 of 9
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
bargaining power and that each of them was represented by legal counsel in the negotiation
Owner-Initiated Annexation Service Agreement 3 of 9
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. 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 9
CITY OF FORT WORTH MENTONE PARTNERS,LLC
By: � By:
Jesus"Jay"Chapa Na _e XeW44A 9010-1-
Assistant City Manager Title:
Approved as to Form and Legality:
Uffl &,
�1�(�-- ti n✓d'
Senior Assistant City Attorney
Atte
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ary ayser
City'Secretary ..........
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Approvals:
M&C 3 p�19
Ordinance No.
Owner-initiated Annexation Service Agreement OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the__&Iday of %C-�� ,20
by Jesus"Jay"Chapa,Assistant City Manager of the City of Fort Worth,a Texas municipal
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 Texas §
County of §
This instrument was acknowledged beIure me on the st day of 20/
by kehhL'f4 �. Prq t66 , M Q h 411 e/` of[Name of individual signing, title (if any)]
on behalf of said Ale,7f9Ae eeryf fiSy LLL. [insert name of company or individual where
applicablel.
By:
Notary Public, State of Texas
THERESA A JACKSON
Notary Public.State of Texas
Y
s^:•. P: Comm. Expires 10-09-2020
After Recording Return to:
i'.�` Notary ID 12915797-2
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner-Initiated Annexation Service Agreement 6 of 9
a
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CITY SECRETARY
F7. WORTH, T%
EXHIBIT A
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ENERGABSTRACT NO. 930 NATEROEVELOPWNT
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THIS DOCUMENT WAS PREPARED UNDER 22 TAC 663.21, a� Q Em»w an uwH
DOES NOT REFLECT THE RESULTS OF AN ON THE
GROUND SURVEY,AND IS NOT TO BE USED TO CONVEY F9�4 Q ios�c :or.+c(ME
OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE
RIGHTS AND INTERESTS WILED OR CREATION OR RECONFIGURATION OF THE LIBOUNDARY OF AllSHED BY THE $ 0 ���Room w
THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. AOYIOFMF FWs[>Tn NO.
>V AnACiw1eNE
Na. AN ANNEXATION-BOUNDARY PAPE-DAWSON
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1,414A.1fhL SURVLY,AOSENACT NO 930,TARRANT ENGINEERS
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Owner-Initiated Annexation Service Agreement 7
EXHIBIT A
ANNEXATION LEGAL DESCRIPTION
45.36-ACRES
BEING A TRACT OF LAND SITUATED IN THE HIRAM LITTLE SURVEY,ABSTRACT NO.930,TARRANT
COUNTY,TEXAS, BEING THE REMAINDER OF THE 81. 15-ACRE TRACT"A" AND THE REMAINDER
OF THE 38.46-A C R E TRACT"B" DESCRIBED IN THE PARTITION DEED BETWEEN FRANCES RUTH
ROBINSON AND MARGIE NELL NORMAN RECORDED IN VOLUME 10573, PAGE 346, DEED
RECORDS,TARRANT COUNTY,TEXAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A CORNER IN THE SOUTH LINE OF A 63.61-ACRE TRACT DESCRIBED IN A DEED
TO VARRICHIO PROPERTIES LLC BY DEED RECORDED UNDER INSTRUMENT NO.0213109103,
DEED RECORDS, TARRANT COUNTY, TEXAS, BEING NORTH 89° 11' 42" EAST, 599.98 FEET
FROMTHE NORTHWEST CORNER OFSAID NORMANTRACT;
THENCE NORTH 89° 11'42" EAST WITH THE COMMON LINE BETWEEN SAID 63.61-ACRE TRACT
AND SAID NORMAN TRACT, A DISTANCE OF 948.65 FEET TO A POINT FOR CORNER IN THE
COMMON LINE BETWEEN SAID 63.61-ACRE TRACT AND SAID NORMAN TRACT, BEING THE
NORTHEAST CORNER OF THIS TRACT;
THENCE SOUTH 020 27'45" EASTA DISTANCE OF 1142.23 FEETTO A POINT FOR CORNER,
BEING A CORNER OF THISTRACT;
THENCE SOUTH 17'01' 21" EAST A DISTANCE OF 287.43 FEETTO A POINT FOR CORNER, BEING
A CORNER OF THIS TRACT;
THENCE SOUTH 00'08' 22" EAST DISTANCE OF 143.59 FEETTO A POINT FOR CORNER IN THE
NORTH LINE OF OAK GROVE ACRES,SECTION TWO,AN ADDITION TO TARRANT COUNTY,TEXAS,
ACCORDING TO THE PLAT RECORDED IN VOLUME 388-78, PAGE 28, PLAT RECORDS,TARRANT
COUNTY, TEXAS AND THE SOUTH LINE OF SAID NORMAN, BEING A SOUTHEAST CORNER OF
THIS TRACT;
THENCE SOUTH 88°56'42"WEST WITH THE COMMON LINE BETWEEN SAID OAK GROVE ACRES,
SECTION TWO AND SAID NORMAN TRACTA DISTANCE OF 289. 17 FEETTO A POINT FOR CORNER,
SAME BEING AN ANGLE CORNER OF SAID NORMAN TRACT;
THENCE SOUTH 890 18'42"WEST WITH THE COMMON LINE BETWEEN SAID OAU GROVE ACRES,
SECTION TWO AND SAID NORMAN TRACT A DISTANCE OF 13.58 FEETTO A POINT FOR CORNER,
BEING THE SOUTHEAST CORNER OF A 2.27-ACRE TRACT DESCRIBED IN A DEED TO
AQUASOURCE UTILITY INC. BY DEED RECORDED UNDER INSTRUMENT NO. D200055S65, DEED
RECORDS,TARRANT COUNTY,TEXAS AND IN THE SOUTH LINE OF SAID NORMAN TRACT;
THENCE NORTH 000 21' 17" EAST WITH THE EAST LINE OF SAID 2.27-ACRE TRACT A DISTANCE
OF 345.06 FEETTO A POINT FOR CORNER, BEING THE NORTHEAST CORNER OF SAID 2.27-ACRE
Owner-Initiated Annexation Service Agreement 8 of 9
TRACT;
THENCE SOUTH 89° 18'42" WEST WITH THE NORTH LINE OF SAID 2.27-A C R E TRACT A
DISTANCE OF 300.05 FEETTO A POINT FOR CORNER, BEING THE NORTHWEST CORNER OF
SAID 2.27-ACRE TRACT;
THENCE SOUTH 000 21' 17"WEST WITH THE WEST LINE OF SAID 2.27-ACRE TRACT A DISTANCE
OF 345.06 FEET TO A POINT FOR CORNER IN THE NORTH LINE OF SAID OAK GROVE ACRES,
SECTION TWO, BEJNG THE SOUTHWEST CORNER OF SAID 2.27-ACRE TRACT AND IN THE
SOUTH LINE OFSAJD NORMAN TRACT;
THENCE SOUTH 890 18'42" WEST WITH THE COMMON UNE BETWEEN SAID OAK GROVE ACRES,
SECTION TWO AND SAID NORMAN TRACT DISTANCE OF 1077.87 FEET TO A POINT FOR CORNER
IN THE EAST LINE OF A 10.5-ACRE TRACT DESCRIBED IN A DEED TO JOYCE TERRANA BY DEED
RECORDED IN VOLUME 5827, PAGE 661, DEED RECORDS,TARRANT COUNTY,TEXAS, BEING THE
NORTHWEST CORNER OF SAID OAK GROVE ACRES, SECTION TWO AND THE SOUTHWEST
CORNER OF SAID NORMAN TRACT;
THENCE NORTH 00° 03' 21" WEST WITH THE COMMON LINE BETWEEN SAID 10.5-ACRE TRACT
AND SAID NORMAN TRACT PASSING THE NORTHEAST CORNER OF A 7.00-ACRE TRACT
DESCRIBED IN A DEED TO CECIL AND KAREN BEDFORD BY DEED RECORDED IN VOLUME 17170,
PAGE 12, DEED RECORDS, TARRANT COUNTY, TEXAS AND THE SOUTHEAST CORNER OF SAID
PRIVATE DRIVE AT A DISTANCE OF 869.07 FEETTO A POINT FOR CORNER IN THE EAST LINE OF A
5.07-ACRE TRACT DESCRIBED IN A DEED TO D. NORMAN BY DEED RECORDED AS D212014064,
DEED RECORDS,TARRANT COUNTY,TEXAS, BEINGTHE NORTHWEST CORNER OF THIS TRACT,
THENCE SOUTH 890 13'13"EASTA DISTANCE OF 572.97 FEETTOA POINT FOR CORNER, BEING
AN INSIDE ELL CORNER OF THIS TRACT;
THENCE NORTH 02°07' 58" EAST A DISTANCE OF 707.53 FEET TO THE POINT OF BEGINNING
AND CONTAINING 45.36 ACRES OF LAND,MORE OR LESS.
THIS DOCUMENT WAS PREPARED UNDER 22 TAC§663.21, DOES NOT REFLECT THE RESULTS OF
AN ON THE GROUND SURVEY,AND IS NOTTO 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 0179
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
C� This form is N/A as No City Funds are associated with this Contract
Qu&
Printed Name Signatu
OFFICIAL RECORD
CITY SECRETARY
FT, WORTHo TX
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA F
ou%bRTH
COUNCIL ACTION: Approved on 3/5/2019
REFERENCE ** 06MUNICIPAL SERVICES
DATE: 3/5/2019 NO.: L-16186 LOG NAME: AGREEMENT, AX-18-008,
OWNER-INITIATED
CODE: L TYPE: CONSENT PUBLIC NO
HEARING-
SUBJECT: Authorize Execution of Municipal Services Agreement for the Proposed Owner-Initiated
Annexation of Approximately 45.36 Acres of Land in Tarrant County, Located South of
FM 1187 and East of Oak Grove Road South, in the Far South Planning Sector, AX-18-
008 (FUTURE COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council execute the attached Municipal Services Agreement between
the City and property owners, Mentone Partners, LLC, for the proposed owner-initiated annexation of
approximately 45.36 acres of land located south of FM 1187 and east of Oak Grove Road South.
DISCUSSION:
On October 25, 2018, representatives of the property owners Mentone Partners, LLC, submitted an
application for full-purpose annexation. The 45.36 acres is situated in Tarrant County within the City
of Fort Worth extraterritorial jurisdiction, south of FM 1187 and east of Oak Grove Road South, see
map Exhibit A. The proposed annexation area is currently mostly vacant land. The property is
proposed for residential development, and the proposed zoning is "A-5"One-Family Residential. The
ordinance for AX-18-008, owner-initiated annexation, is also being considered on this City Council
docket.
Subchapter C-3 of Chapter 43 of the Texas Local Government Code (TLGC) 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 6.
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.
.TO
Fund Department Account Project Program Activity Budget I Reference# Amount
ID I I ID I I I Year I (Chartfield 2)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=26764&councildate=3/5/2019 3/14/2019
M&C Review Page 2 of 2
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I ID I I Year (ChartfieId 2)
Submitted for City Manager's Office by: Jay Chapa (5804)
Originatina Department Head: Randle Harwood (6101)
Additional Information Contact: Leo Valencia (2497)
ATTACHMENTS
Exhibit A-Map AM 8-008.Of
Form 1295 AX-18-008 Redacted.pdf
Signed MSA.pdf
http://apps.cfwnct.org/council_packct/mc rcvicw.asp?ID=26764&councildatc=3/5/2019 3/14/2019