HomeMy WebLinkAboutContract 52174 CITY SECRETARY
CONTRACT NO. _5 a 114
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS AND
MONTSERRAT HILLS,LLC
T 's Municipal Services Agreement ("Agreement") is entered into on _�_ day of
YLQ, , &V by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas,("City") and Montserrat Hills, 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 Denton County,
Texas, which consists of approximately 245.923 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-19-004 ("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.
qt 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 la:wi; which ma be
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Annexation Service Agreement FT. FOR�I IT
7
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 12
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 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 12
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 12
CITY OF FORT WORTH MONTSERRAT HILLS,LLC.
By: By. 944::::2�10
Jesus "Jay"Chapa V
Assistant City Manager %��1A�- ►��7" 1L�
Approved as to Form and Legality:
C.
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Senior Assistant City Attorney
Attest: }"�
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Mary Kayser
City Secretary
Approvals:(
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Ordinance No. 4
AB lacI5, aolq.q(#jgay
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the day of , 20-8,
by Jesus"Jay" Chapa,Assistant City Manager of the City of Fort Worth, a T as municipal
corporation,on behalf of said corporation.
By:
Notary Public, State of Texas
MARIA S.SANCHEZ
My Notary ID#2256490
N'%F aF iEt'' Expires December 19,2021
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OFFICIAL.RECORD
CITY SECRETARY
Owner-Initiated Annexation Service Agreement FT. OP k�TX
N..1,4 . ERNETTE GAN DRAE
K,'
STATE OF TEXAS "i"' Notary Public State of
Texas
My Commission#130586338
COUNTY OF MY Comm.Exp.march 18,2020
Ibis ins—gament was acknowledged before me on the day of 2017
by L of of[Name of individual signing,title(if any)]
on behalf of said Montserrat Hills, LLC.
Notary Public, State of Texas
k-yvIT-�CIAL RECORD
TAfffOwner-Initiated Annexation Service Agreement c;'TV SECRE*
.;T. WORTH,TX
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner-Initiated Annexation Service Agreement 7 of 7
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EXHIBIT A
ANNEXATION LEGAL DESCRIPTION
245.923-ACRES
BEING 245.923 ACRE PARCEL OF LAND PARTIALLY SITUATED IN THE J. F. ELLIOTT
SURVEY,ABSTRACT NUMBER 493,JOHN BURSEY SURVEY ABSTRACT NUMBER 128,
AND NANCY CASTEEL SURVEY ABSTRACT NUMBER 349, TARRANT COUNTY,
TEXAS, BEING A 205.922 ACRE TRACT OF LAND AS CONVEYED TO MONTSERRAT
HILLS, LLC AS RECORDED IN INSTRUMENT NUMBER D218157799, DEED RECORDS
OF TARRANT COUNTY, TEXAS AND 40.001 ACRE TRACT OF LAND DESCRIBED AS
27.436 ACRE TRACT DESCRIBED AS PARCEL 4E, IN DEED TO H.V. LUDIE T
PARTNERSHIP LTD. AS RECORDED IN INSTRUMENT NUMBER D207134958, DEED
RECORDS, TARRANT COUNTY, TEXAS, AND A PORTION OF THAT TRACT CALLED
52.582 ACRE TRACT DESCRIBED AS PARCEL 4W, IN DEED TO H.V. LUDIE T
PARTNERSHIP LTD. AS RECORDED IN INSTRUMENT NUMBER D207134955, DEED
RECORDS, TARRANT COUNTY, TEXAS,AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT 5/8 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER OF LOT
11, AND THE NORTHWEST MOST SOUTHERLY CORNER OF LOT 10, BLOCK 10,
MONTSERRAT ADDITION AN ADDITION TO THE CITY OF FORT WORTH, AS
RECORDED IN CABINET A, SLIDE 11550, PLAT RECORDS, TARRANT COUNTY,
TEXAS;
THENCE NORTH 89 DEGREES 59 MINUTES 48 SECONDS WEST, 265.32 FEET WITH
THE NORTH LINE OF SAID BLOCK 10, TO A 5/8 INCH IRON ROD FOUND FOR THE
NORTHWEST MOST WESTERLY CORNER OF SAID MONTSERRAT ADDITION, AND
THE NORTHEAST CORNER OF A PARCEL OF LINE DESCRIBED AS PARCEL 4 E IN
DEED TO H V LUDIE T PARTNERSHIP LTD,AS RECORDED IN INSTRUMENT NUMBER
D207134958, OF SAID DEED RECORDS;
THENCE SOUTH 00 DEGREES 22 MINUTES 23 SECONDS EAST,905.07 FEET WITH THE
WEST LINE OF SAID LOT B, TO A 5/8 INCH IRON ROD FOUND FOR THE SOUTHEAST
CORNER OF SAID 27.436 ACRE TRACT IN THE NORTH LINE OF TEAM RANCH ROAD
(80 FOOT RIGHT-OF-WAY)AS RECORDED IN VOLUME 6596,PAGE 469,AND VOLUME
6596,PAGE 479,OF SAID DEED RECORDS FOR THE BEGINNING OF A CURVE TO LEFT;
THENCE 1278.24 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT AND ALONG
THE NORTH RIGHT-OF-WAY LINE OF SAID TEAM RANCH ROAD, THROUGH A
CENTRAL ANGLE OF 06 DEGREES 22 MINUTES 09 SECONDS WITH A RADIUS OF
11499.16 FEET, A TANGENT LENGTH OF 639.78 FEET AND A CHORD WHICH BEARS
SOUTH 79 DEGREES 25 MINUTES 51 SECONDS WEST, 1277.58 FEET TO A 5/8 INCH
IRON WITH YELLOW CAP STAMPED"ANA" SET;
Exhibit A,Owner-Initiated Annexation Service Agreement Page 9 of 12
THENCE SOUTH 76 DEGREES 14 MINUTES 47 SECONDS WEST,412.67 FEET WITH THE
NORTH RIGHT-OF-WAY LINE OF SAID TEAM RANCH ROAD TO A 5/8 INCH IRON ROD
WITH YELLOW CAP STAMPED "ANA" SET FOR THE SOUTHWEST CORNER OF
HEREIN DESCRIBED TRACT;
THENCE NORTH 00 DEGREES 00 MINUTES 12 SECONDS EAST, 1237.60 FEET TO A 5/8
INCH IRON ROD WITH YELLOW CAP STAMPED "ANA" FOUND FOR THE
NORTHWEST CORNER OF SAID 40.001 ACRE TRACT IN THE SOUTH LINE OF SAID
205.922 ACRE TRACT;
THENCE NORTH 89 DEGREES 59 MINUTES 48 SECONDS WEST, 1174.38 FEET WITH
THE COMMON LINE OF SAID 205.922 ACRE TRACT, AND THE REMAINDER OF SAID
52.582 ACRE TRACT TO A 5/8 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER
OF SAID 205.922 ACRE TRACT;
THENCE NORTH 17 DEGREES 22 MINUTES 35 SECONDS WEST, 428.76 FEET WITH
THE WEST LINE OF SAID 205.922 ACRE TRACT TO A 5/8 INCH IRON FOUND FOR THE
EAST RIGHT-OF-WAY LINE OF R.M. HIGHWAY NO. 2871 (VARIABLE WIDTH RIGHT-
OF-WAY);
THENCE NORTH 07 DEGREES 16 MINUTES 21 SECONDS EAST,421.27 FEET WITH THE
WEST LINE OF 205.922 ACRE TRACT TO A 5/8 INCH IRON FOUND FOR THE EAST
RIGHT-OF-WAY LINE OF SAID R.M. HIGHWAY NO. 2871;
THENCE NORTH 00 DEGREES 19 MINUTES 16 SECONDS EAST,833.83 FEET WITH THE
WEST LINE OF SAID 205.922 ACRE TRACT TO A 5/8 INCH IRON FOUND FOR THE EAST
RIGHT-OF-WAY LINE OF SAID R.M. HIGHWAY NO. 2871;
THENCE NORTH 09 DEGREES 19 MINUTES 54 SECONDS EAST, 68.63 FEET WITH THE
WEST LINE OF SAID 205.922 ACRE TRACT TO THE SOUTHWEST CORNER OF THAT
CERTAIN TRACT OF LAND AS CONVEYED TO DONEGAL HILLS L.P. BY DEED
RECORDED IN INSTRUMENT NUMBER 210323404, OF SAID DEED RECORDS IN THE
EAST RIGHT-OF-WAY LINE OF SAID R.M. HIGHWAY NO. 2871;
THENCE NORTH 56 DEGREES 04 MINUTES 03 SECONDS EAST, 103.13 FEET WITH THE
SOUTH LINE OF SAID DONEGAL HILLS L.P. TRACT;
THENCE NORTH 67 DEGREES 55 MINUTES 33 SECONDS EAST, 104.50 FEET WITH THE
SOUTH LINE OF SAID DONEGAL HILLS L.P. TRACT;
THENCE NORTH 77 DEGREES 46 MINUTES 38 SECONDS EAST, 102.40 FEET WITH THE
SOUTH LINE OF SAID DONEGAL HILLS L.P. TRACT;
THENCE NORTH 78 DEGREES 42 MINUTES 42 SECONDS EAST,231.20 FEET WITH THE
Exhibit A,Owner-Initiated Annexation Service Agreement Page 10 of 12
SOUTH LINE OF SAID DONEGAL HILLS L.P. TRACT;
THENCE NORTH 87 DEGREES 55 MINUTES 21 SECONDS WEST, 454.06 FEET WITH
THE NORTH LINE OF SAID DONEGAL HILLS L.P. TRACT TO THE EAST RIGHT-OF-
WAY LINE OF SAID R.M. HIGHWAY NO. 2871, AND THE BEGINNING OF A CURVE TO
THE RIGHT;
THENCE 709.52 FEET ALONG THE ARC OF SAID NON-TANGENT CURVE TO THE
RIGHT AND
ALONG THE WEST LINE OF SAID 205.922 ACRE TRACT AND THE EAST RIGHT-OF-
WAY LINE OF SAID R.M. HIGHWAY NO. 2871 THROUGH A CENTRAL ANGLE OF 16
DEGRESS 28 MINUTES 52 SECONDS WITH A RADIUS OF 2466.64 FEET, A TANGENT
LENGTH OF 357.23 FEET AND A CHORD WHICH BEARS NORTH 27 DEGREES 31
MINTUES 53 SECONDS EAST, 707.08 FEET;
THENCE NORTH 35 DEGREES 47 MINUTES 29 SECONDS EAST,228.87 FEET WITH THE
WEST LINE OF SAID ANDREWS 440 RANCH, L.P. TRACT AND THE EAST RIGHT-OF-
WAY LINE OF SAID R.M. HIGHWAY NO. 2871, TO THE MIDDLE OF MARY'S CREEK
FOR THE NORTHWEST CORNER OF SAID ANDREWS 440 RANCH, L.P. TRACT AND
HEREIN DESCRIBED TRACT AND BEING THE SOUTHWEST CORNER OF THE 52.717
ACRE TRACT DESCRIBED IN DEED TO CHERYL M. JONES RECORDED IN VOLUME
15898, PAGE 131, OF SAID DEED RECORDS;
THENCE EASTERLY ALONG THE MIDDLE OF SAID MARY'S CREEK AND THE
NORTHERLY LINE OF SAID 205.922 ACRE TRACT, THE FOLLOWING:
NORTH 84 DEGREES 44 MINUTES 10 SECONDS EAST, 101.31 FEET;
NORTH 77 DEGREES 44 MINUTES 29 SECONDS EAST, 204.70 FEET;
NORTH 89 DEGREES 36 MINUTES 29 SECONDS EAST, 50.00 FEET;
SOUTH 81 DEGREES 22 MINUTES 31 SECONDS EAST, 184.00 FEET;
NORTH 89 DEGREES 31 MINUTES 29 SECONDS EAST, 156.00 FEET;
NORTH 66 DEGREES 37 MINUTES 29 SECONDS EAST, 59.00 FEET;
NORTH 46 DEGREES 07 MINUTES 29 SECONDS EAST, 62.00 FEET;
NORTH 29 DEGREES 50 MINUTES 29 SECONDS EAST, 214.00 FEET;
NORTH 55 DEGREES 23 MINUTES 29 SECONDS EAST, 88.00 FEET;
NORTH 84 DEGREES 02 MINUTES 29 SECONDS EAST, 107.00 FEET;
SOUTH 80 DEGREES 13 MINUTES 31 SECONDS EAST, 462.00 FEET;
NORTH 89 DEGREES 11 MINUTES 29 SECONDS EAST, 358.00 FEET;
SOUTH 76 DEGREES 22 MINUTES 31 SECONDS EAST, 157.90 FEET TO THE
SOUTHEAST CORNER OF SAID 52.717 ACRE TRACT;
THENCE SOUTHEASTERLY ALONG THE MIDDLE OF SAID MARY'S CREEK AND THE
EASTERLY LINE OF HEREIN DESCRIBED TRACT, THE FOLLOWING:
Exhibit A,Owner-Initiated Annexation Service Agreement Page 11 of 12
SOUTH 73 DEGREES 50 MINUTES 57 SECONDS EAST, 330.68 FEET;
SOUTH 51 DEGREES 08 MINUTES 32 SECONDS EAST, 356.19 FEET;
SOUTH 37 DEGREES 12 MINUTES 34 SECONDS EAST, 446.40 FEET;
THENCE SOUTH 01 DEGREES 55 MINUTES 50 SECONDS WEST, 543.86 FEET TO THE
NORTHEASTERLY LINE OF 1.384 ACRE TRACT DESCRIBED AS PLUS TRACT IN DEED
TO ANDREWS 440 RANCH,L.P.AS RECORDED IN INSTRUMENT NUMBER D214282388
OF SAID DEED RECORDS;
THENCE SOUTH 37 DEGREES 42 MINUTES 58 SECONDS EAST, 94.81 FEET WITH THE
NORTHEASTERLY LINE OF SAID 1.384 ACRE TRACT;
THENCE SOUTH 21 DEGREES 05 MINUTES 32 SECONDS EAST, 31.27 FEET WITH THE
NORTHEASTERLY LINE OF SAID 1.384 ACRE TRACT TO THE NORTH LINE OF BLOCK
2, OF MONTSERRAT ADDITION AS RECORDED IN CABINET A, SLIDE 9237, PLAT
RECORDS, TARRANT COUNTY, TEXAS;
THENCE SOUTH 89 DEGREES 26 MINUTES 29 SECONDS WEST,323.00 FEET WITH THE
SOUTH LINE OF SAID 1.384 ACRE TRACT AND THE NORTH LINE OF LOT A-10R-1
BLOCK 2, MONTSERRAT AS RECORDED IN INSTRUMENT NUMBER 206078654, OF
SAID PLAT RECORDS, TO A 5/8 INCH IRON ROD WITH CAP STAMPED "ANA" FOUND
FOR THE NORTHWEST CORNER OF SAID LOT A-I OR-1;
THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, 1610.56 FEET WITH
THE WEST LINE OF BLOCK 2,OF SAID MONTSERRAT 9237,AND SAID LOT 10,BLOCK
10, MONTSERRAT ADDITION AS RECORDED IN CABINET "A", SLIDE 11550, TO THE
POINT OF BEGINNING AND CONTAINING 245.923 ACRES OF LAND.
Exhibit A,Owner-Initiated Annexation Service Agreement Page 12 of 12
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/9/2019
DATE: Tuesday, April 9, 2019 REFERENCE NO.: L-16209
LOG NAME: 06MUNICIPAL SERVICES AGREEMENT, AX-19-004, OWNER-INITIATED
SUBJECT:
Authorize Execution of Municipal Services Agreement for the Proposed Owner-Initiated Annexation of
Approximately 246.923 Acres of Land in Tarrant County, Located West of Loop 820 West, North of IH 20
and South of IH 30, in the Far West Planning Sector, AX-19-004 (FUTURE COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council execute the attached Municipal Services Agreement between the
City and property owner, Montserrat Hills, LLC, for the proposed owner-initiated annexation of
approximately 246.923 acres of land located west of Loop 820 West, north of IH 20 and south of IH 30.
DISCUSSION:
On January 24, 2019, representatives of the property owner, Montserrat Hills, LLC, submitted an
application for full-purpose annexation. The 246.923 of the owner-initiated acres is situated in Tarrant
County within the City of Fort Worth extraterritorial jurisdiction, west of Loop 820 West, north of IH 20 and
south of IH 30, 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-43", "A-21" and "A-10" One-Family.
City Plan Commission voted on February 27, 2019 to recommend approval of full-purpose annexation of
the Montserrat Hills, LLC, Tract, AX-19-003. The companion zoning case (ZC-19-020)went to the Zoning
Commission on March 6, 2019. The commission recommended approval, and the zoning case is
scheduled for City Council action immediately following the annexation action on April 9,
2019. Approximately 7.185 acres of right-of-way abutting the property will be annexed 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.
Logname: 06ML NICIPAL SERVICES AGREEMENT, AX-19-004, 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 3.
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
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
CERTIFICATIONS:
Submitted for City Manager's Office bT. Jay Chapa (5804)
Originating Department Head: Randle Harwood (6101)
Additional Information Contact: Leo Valencia (2497)
ATTACHMENTS
1. Exhibit A- Map AX-19-004 MSA.pdf (Public)
2. Montserrat Hills Form 1295 Redacted.pdf (Public)
3. MSA AX-19-004.pdf (Public)
Logname: 06MUNICIPAL SERVICES AGREEMENT,AX-19-004, OWNER-INITIATED Page 2 of 2