HomeMy WebLinkAboutContract 52370 _ r
CITY SECRETARY
CONTRACT NO. 52 3���
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS
AND TSL COMPANY HOLDING,LTD
This Municipal Services Agreement ("Agreement") is entered into on si- day of
IA J� by and between the City of Fort Worth, Texas, a home-rule
muni ipality of the State of Texas,("City")and TSL Company Holdings, 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 50.784 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-18-006 ("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 A-SEeement, "full
' t OFFICIAL RECORD
*wner-Initialed Annexation Service Agreement CITY SECRETARYo 9
RECEIVED FT !NORTH TX
tia� Ica � �n�4
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 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 TSL COMPANY HOLDING, LTD
77 . R e3
By:_ Psy By:
J a Name: Tom Hastings
Assistant City Manager Title: President
Approved as to Form and Legality:
Senior Assistant City Attorney
FOR7
Attest: .
U; S
Mary KaysJr
City Secretary •• •''
�X�?�a.
Approvals:
M&C L- sl all 19
Ordinance No. j j j 7 i s
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FFT. WORTH,
RECORD
ETARY
TX
Owner-Initiated Annexation Service Agreement 5 of 9
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the_�day of
by Jesus "Jay" Chapa,Assistant City Manager of the City of Fort Worthy a T xas municipal
corporation, on behalf of said corporation.
By. �PP'A- MARiAS.SANCHEZ
NotaryPublic State of Texas =' My Notary►D#2256490
:�• `y:
' 's;>'•••••E+P' Expires December 19,2021�
F�Ft,
State of Nebraska §
County of SgMy §
This instrument was acknowledged before me on the .1 day of ,&wt , 20ki
by Tom Hastings President of on behalf of said
TSL Com an oldin s Ltd.
s�eof Ne&mka-Gw"Notary
By: _ LIAMUS E
twljrCww&Wm EVbvs
.pare so,ion
Notary Public, State of Nebraska
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
L
ORD
SECRETARY
g XX
Owner-Initiated Annexation Service Agreement
EXHIBIT A
North Tract
Being a 40.526 acre tract of land situated in the W.N. Sample Survey, Abstract No. 1207, Denton
County, Texas, and being a portion of the remainder of Tract I, as described in the deed to William
Scott Wilson and Jerry Lee Wilson, Jr, as filed in Instrument#2018-3114, Deed Records of Denton
County,Texas(D.R.D.C.T.),and being more particularly described by meets and bounds as follows;
Commencing at a 5/8" iron bar found at the Southeast corner of said Wilson tract, said point also
being the Southeast corner of said Sample Survey;
Thence N 00°30'26" E, along the East line of said Wilson tract, the West line of tract of land
described in deed to OLP Real Estate, Ltd., as filed in Instrument No. 2007-55420, D.R.D.C.T., and
also being a boundary line agreement that runs north as filed in Volume 1708,Page 983,D.R.D.C.T,
and along and near a wire fence, a distance of 504.62 feet to a 5/8" iron bar at the Southeast corner
of a tract of land described in deed to the City of Fort Worth as filed in instrument No. 2006-62175,
D.R.D.C.T. for the south right of way line of FM Highway 156;
Thence N 00°20'46" E, along the East line of said Wilson tract, the West line of said OLP Real
Estate Ltd. tract and along said boundary line agreement, a distance of 219.94 feet to the Northeast
corner of said City of Fort Worth tract,which a 5/8"iron bar bears N 52°22'29"E a distance of 0.46
feet, said point also being the Point of Beginning;
Thence N 00°28'56" E, along the East line of said Wilson tract, the West line of said OLP Real
Estate Ltd. tract, along said boundary line agreement and along and near said wire fence, a distance
of 1563.31 feet to a 5/8" iron rod with cap stamped "TNP" from which the southernmost Northeast
corner of said Wilson Tract bears N 00°27'03" E, a distance of 695.99 feet to a 1/2" iron rod with
cap stamped"RPLS 2010;
Thence N 76°27'49"W, over and across said Wilson tract, a distance of 1024.34 feet to a 5/8"iron
bar with cap stamped"TNP", set in the West line of said Wilson tract and the apparent East line of
a tract of land described as Tract 2 in deed to Alliance-156 Partners LP, as filed in Instrument No.
2010-110449, D.R.D.C.T.;
Thence S 00°30'02"W, along the West line of said Wilson tract and apparent East line of said Tract
2, a distance of 1902.70 feet to a point on the northerly FM Highway 156 right of way line and a
point on the North line of said City of Fort Worth tract, from which a found 5/8" iron bar with cap
stamped"Dunaway Assoc. LP"bears N 57°19'53" E, a distance of 0.28 feet;
Thence Easterly along said North right of way line, along the following three courses;
Thence Easterly along a non-tangent curve to the left,having a radius of 2211.83 feet, an arc length
of 327.89 feet, and a chord which bears S 85°37'43"E, a distance of 327.59 feet to a Highway right
of way monument;
Thence N 61°55'00" E, a distance of 45.39 feet to a Highway right of way monument;
Owner-Initiated Annexation Service Agreement 7 of 9
Thence Easterly along a non-tangent curve to the left,having a radius of 2191.83 feet, an arc length
of 643.34 feet and having a chord which bears N 80°44'04"E, a distance of 641.03 feet to the Point
of Beginning, containing 40.526 acres.
South Tract
Being a 10.258 acre tract of land situated in the W.N. Sample Survey, Abstract No. 1207, Denton
County, Texas, and being a portion of the remainder of Tract I, as described in the deed to William
Scott Wilson and Jerry Lee Wilson,Jr, as filed in Instrument#2018-3114, Deed Records of Denton
County,Texas(D.R.D.C.T.),and being more particularly described by meets and bounds as follows;
Beginning at a 5/8"iron bar found at the Southeast corner of said Wilson tract, said point also being
the Southeast corner of said Sample Survey;
Thence N 00°30'26" E, along the East line of said Wilson tract, the West line of tract of land
described in deed to OLP Real Estate, Ltd., as filed in Instrument No. 2007-55420,D.R.D.C.T., and
also being a boundary line agreement that runs north as filed in Volume 1708,Page 983,D.R.D.C.T,
and along and near a wire fence, a distance of 504.62 feet to a 5/8" iron bar at the Southeast corner
of a tract of land described in deed to the City of Fort Worth as filed in instrument No. 2006-62175,
D.R.D.C.T. for the south right of way line of FM Highway 156;
Thence Westerly along said South right of way line, along the following three courses;
Thence Westerly along a non-tangent curve to the right, having a radius of 2104.83 feet, an arc
length of 80.32 feet and a chord which bears S 74°50'03"W, a distance of 80.32 feet to a Highway
Right of Way monument;
Thence N 1492'21"W a distance of 10.00 feet to a Highway Right of Way monument;
Thence Westerly along a non-tangent curve to the right, having a radius of 2391.83 feet, an arc
length of 926.77 feet and having a chord which bears S 86°53'32"W, a distance of 920.99 feet, to a
point on the West line of said Wilson tract and the apparent East line of a tract of land described as
Tract 2 in deed to Alliance-156 Partners LP, as filed in Instrument No. 2010-110449, D.R.D.C.T.
from which a found 5/8" iron bars bears N 78°41'58"W, a distance of 2.51 feet;
Thence S 00°30'02" W along said West line, a distance of 452.33 feet to a 5/8" iron bar found at
the Southwest corner of said Wilson tract;
Thence N 89°29'08" E along the South line of said Wilson tract, a distance of 999.13 feet to the
Point of Beginning, and containing 10.258 acres.
This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground
survey, and is not to 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.
Basis of Bearing: Bearings based on the Texas State Plane Coordinate System, North Central Zone
(4202)North American Datum 1983 (2011).
Owner-Initiated Annexation Service Agreement 8 of 9
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9/3/2019 M&C Review
U"`ii 1he lit;of
CITY COUNCIL AGENDA FORT��YWORm
COUNCIL ACTION: Approved on 5/21/2019
CONTINUED FROM A PREVIOUS WEEK
DATE: 3/19/2019 REFERENCE L-16193 LOG 06MUNICIPAL SERVICES AGREEMENT,
NO.: NAME: AX-18-006, OWNER-INITIATED
CODE: L TYPE: NOW PUBLIC NO
CONSENT HEARING:
SUBJECT: Authorize Execution of Municipal Services Agreement for the Proposed Owner-Initiated
Annexation of Approximately 55.29 Acres of Land in Denton County, Located North of
Alliance Airport, South of Highway 114 and West of the Texas Motor Speedway, in the Far
North Planning Sector, AX-18-006 (FUTURE COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council execute the attached Municipal Services Agreement between the
City and property owners, TSL Company Holdings, Ltd., for the proposed owner-initiated annexation of
approximately 55.29 acres of land located north of Alliance Airport, south of Highway 114 and west of the
Texas Motor Speedway.
DISCUSSION:
On September 17, 2018, representatives of the property owners TSL Company Holdings, Ltd., submitted an
application for full-purpose annexation. The 55.29 acres is situated in Denton County within the City of Fort
Worth extraterritorial jurisdiction, north of Alliance Airport, south of Highway 114 and west of the Texas
Motor Speedway, see map Exhibit A. The proposed annexation area is currently mostly vacant land with
one gas well. The property is proposed for industrial uses and the proposed zoning is "I" Light
Industrial. The ordinance for AX-18-006, 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 TLGC 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.
Upon approval of the annexation request, the property affected by this Municipal Services Agreement will
become part of COUNCIL DISTRICT 7.
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 I Budget Reference# Amount
ID ID Year Chartfield 2)
apps.cfwnet.org/cou ncil_packet/mc_review.asp?I D=26840&councildate=5/21/2019 1/2
9/3/2019 M&C Review
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I I 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
2019Municipal Services Agreement.pdf
Exhibit A-Map AX-18-006.pdf
Form 1295 Certificate 100420844 EXECUTED Redacted.pdf
apps.cfwnet.org/council_packet/mc_review.asp?ID=26840&councildate=5/21/2019 2/2