HomeMy WebLinkAboutContract 52172 CITY SECRETARY CONTRACT NO. 561 17a
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS AND
STEVE HAWKINS CUSTOM HOMES
This Municipal Services Agreement ("Agreement") is entered into on day of
;Dlq by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas,("City") and Steve Hawkins Custom Homes ("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 48.558 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-19-002 ("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,
RECEIVED available municipal services to the Property in accordance with state law, which may be
APR 2 3 2019 OFF03AL RECORD
CITY OF FORT WOPMner-Initiated Annexation Service Agreement CI SIyCR1E� ARV
CITY SECRETARY
FT. WORTH,TX
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
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.
Owner-Initiated Annexation Service Agreement 2 of 9
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 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 9
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 9
CITY OF FORT WORTH STEVE HA CUSTOM HOMES
By: _ il�/a��� i By:
Jesus "Jay" Chapa Ste: wkins
Assistant City Manager
Approved o Fo egality:
elinda Ramos, Sr.Assk City Attorney
Steve ns
Senior Assistant City Attorney 4 .
Attest: �� ��'
Mary Ka ser
City Seer ary
. AS
Approvals:
M&C I✓-lie tK 419 iq
Ordinance No. ` , 14
OB Ia9S: 20 1°I-y`iloal5
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the day of , 2104,
by Jesus "Jay" Chapa, Assistant City Manager of the City of Fort Worth, a Te as municipal
corporation, on behalf of said corporation.
By: Q,�•ut. fi
Notary Public, State of Texas
MARIA S.SANCHEZ
My Notary ID#2256490
Expires December 19,2021
ET. WORTHOW
ECORD
ETARY
Owner-Initiated Annexation Service Agreement
STATE OF TEXAS §
COUNTY OF
is inst ent was acknowl ged before me on the �� day of , 20/j,
by of Steve Hawkins o ehalf said Steve
Hawkins Custom Homes
By: At ""'�a, CANDACE P vICK
or Notary Public, Stete of Texas
Notary Public, State of Texas 'Q Comm.Expires 05-29-2021
Notary!D 210682-0
ama�
Owner-Initiated Annexation Service Agreement OFFICIAL RECORD 'Of/
CITY SECRETARY
FT. WORTH,TX
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
A
Owner-Initiated Annexation Service Agreement 7 oft
EXHIBIT A
"This document was prepared under 22 TAC 663.21,
ZONED 'A 5" does not reflect the results of an on the ground survey,
W.M Sub CTR,LP. and is not to be used to convey or establish interests in
3 / *Dti 2 '. real property except those rights and interests implied or
CR.T.C.T.CT. I established by the creation or reconfiguration of the
Z Ira+ boundary of the political subdivision for which it was
µM�1'o01r • $� . 1 i prepared."
o ✓1N,ct :I 1 0
To
J
J 1 �(t
� U_—Y
Ow M�-
/ 1m Summer Creek Ranch V.iOt�Ot
/ a Cab.A,Sld.11186
1° CRTC.T.
3
eZONED "A-5" — I
4 •+ �-----� I
r r I+ I Faresfar USA Rent
�T``�F:�ho� — 1 F: in I E&afe Gram/nc.
( F — jy iLLLLJ A i< TrT;_ ►-� = I cR.rcr.
TTFP �--I
_--. 11J-LI _L 1_Y1.L_1._ -� I ZONED "A-5"
— Proposed Annexation
of 45.558 Acres
If - -
P"er Hafglts I /
Vol.A.S/d.-1064 _
CR.TC.T. J ZONED "A-43" Jerry—
0 1 Jerry Sovelle SaWk
a / Jer
o JI Ministries,Inc. M/Nsfrles,lnG
o ,� Vol.11082,Pg.1656 / Vd./1082 Pg.A656
L '—'—' I C.R.T.C.T. CR.TCT.
Point of ,M W Cleburne Rd.
Ong nM�
---- Roncho Verde Pkwy.
N 1
o
—
w E
oKr7
n u IPA �d 5
........e.........»......, ...
m [sITE (ODD A.BRIDU:3..
0 5 0 1000 VICINPPYMAP $ � •XP Fes ov
n N.T.S. N
GRAPHIC SCALE IN FEET °suav
"Integrolports of this document"
1.Description AN EXHIBIT FOR A
2.Exhibit
nI �'roposecf.If - tion
_ltll P E LOTO N SITUATED IN THE R.J. WARE SIRIYEY. ABSTRACT NUMBER 2008.
f AND THE A. CASTELLO SUNEY. ABSTRACT NUMBER 272.
LAND SOLUTIONS TARRANT COUNTY. TEXAS
NI00 HAlWOOD PARKWAY.SUITE 250 JOB 1f HCH18002 DRAWN BY:T.Ricluvdson CHECKED BY: T.B' DATE: 01-07-19 PAGE p 2 OT 2
FORT lE1fAb 7S177 M.A8173S2-3�50 S
:\ \ - AS-t_r\Most,. r\-Survey\ x1002_XLUgr. INfwl
8 Cl
Exhibit A,Owner-Initiated Annexation Service Agreement Pagel of 7
EXHIBIT A
ANNEXATION LEGAL DESCRIPTION
45.558-ACRES
BEING a certain tract of land situated in the A. Castello Survey, Abstract Number 272, Tarrant
County, Texas and the R.J. Ware Survey, Abstract Number 2008, Tarrant County, Texas, being a
portion of that tract of land described by deed to Jerry Savelle Ministries,Inc.,recorded in Volume
11082,Page 1656, County Records,Tarrant County, Texas,and being more particularly described
by metes and bounds as follows:
BEGINNING at the southwest corner of said Savelle tract, being the southeast corner of Lot 40,
Block 4, Panther Heights, an addition to the city of Fort Worth, Tarrant County, Texas, recorded
in Cabinet A, Slide 5064, said County Records,and being in the north line of Lot 43, Block 4, said
Panther Heights addition;
THENCE N 00004'04"E, 2229.76 feet, to the most northerly northeast corner of Lot 25,
Block 4, said Panther Heights addition;
THENCE S 89047'18"E, 400.55 feet, to the west line of Lot 8, Block 53, Summer Creek Ranch,
an addition to the city of Fort Worth, Tarrant County, Texas, recorded in Cabinet A, Slide 9762,
said County Records;
THENCE S 00003'14"W, 1128.59 feet;
THENCE S 89057'13"E, 1396.56 feet, to the west right-of-way line of South Hulen Street (a
variable width right-of-way) and being the beginning of a non-tangent curve to the right;
THENCE with said west right-of-way line the following courses and distances:
With said non-tangent curve to the right, an arc distance of 381.73 feet, through a central
angle of 22031'29", having a radius of 971.00 feet, the long chord which bears
S 26022'46"W, 379.28 feet;
S 37038'30"W, 110.83 feet, to the beginning of a curve to the left;
With said curve to the left, an arc distance of 708.62 feet, through a central angle of
36°52'35", having a radius of 1101.00 feet, the long chord which bears S 19012'14"W,
696.45 feet, to the south line of the aforementioned Savelle tract;
THENCE S 89025'40"W, 1333.46 feet, departing said west right-of-way line, with the south line
of said Savelle tract, to the Point of Beginning and containing 2,115,199 square feet or 48.558
acres of land more or less.
Exhibit A,Owner-Initiated Annexation Service Agreement Page)of/
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 419I2019
DATE: Tuesday, April 9, 2019 REFERENCE NO.: L-16205
LOG NAME: 06MUNICIPAL SERVICES AGREEMENT, AX-19-002, OWNER-INITIATED
SUBJECT:
Authorize Execution of Municipal Services Agreement for the Proposed Owner-Initiated Annexation of
Approximately 48.558 Acres of Land in Tarrant County, Located South of McPherson Boulevard and West
of Hulen Street, in the Far Southwest Planning Sector, AX-19-002 (FUTURE COUNCIL DISTRICT 6)
RECOMMENDATION:
It is recommended that the City Council execute the attached Municipal Services Agreement between the
City and property owner, Hawkins Custom Homes, for the proposed owner-initiated annexation of
approximately 48.558 acres of land located south of McPherson Boulevard and west of Hulen Street.
DISCUSSION:
On January 14, 2019, representatives of the property owner, Hawkins Custom Homes, submitted an
application for full-purpose annexation. The 48.558 acres is situated in Tarrant County within the City of
Fort Worth extraterritorial jurisdiction, south of McPherson Boulevard and west of Hulen Street, see map
Exhibit A. The proposed annexation area is currently vacant land. The property is proposed for
residential uses, and the proposed zoning is "A-5" One-Family.
City Plan Commission voted on February 27, 2019 to recommend full-purpose annexation of the Jerry
Sevelle Ministries, Inc., Tract to City Council. The companion zoning case (ZC-19-018) went to the
Zoning Commission on March 6, 2019. The commission recommended denial without prejudice, and the
zoning case is scheduled for City Council action immediately following the annexation action on April 9,
2019.
The proposed use was considered while assessing the financial impact to the General Fund. The City tax
revenue is expected to have a positive fiscal impact over the next 10 years after the proposed
development is built. Based on operating costs projected from the Police, Code Compliance and
Transportation and Public Works Departments, the fiscal impact shows a slightly negative annual effect to
the General Fund for the first year, but will have a positive impact thereafter.
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 TLGC requires a
municipality that elects to annex an area upon the request of an owner to 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.
Lognwne: 06MLNICIPAL SERVICES AGREEMENT, AX-19-002, OWNER-INITIATED Page I of 2
The municipal services agreement includes these provisions in accordance with state law.
Upon approval of the annexation request, the property affected by this Municipal Services Agreement will
become part of 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.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
r
und Department ccoun Project Program ctivity Budget Reference # �moul
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. Exhibit A- Map AX-19-00248.gdf (Public)
2. Hawkings Form 1295 Redacted.pdf (Public)
3. MSA-Steve Hawkins Custom Homes.pdf (Public)
Logname: 06MUNICIPAL SERVICES AGREEMENT, AX-19-002, OWNER-INITIATED Page 2 of 2