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HomeMy WebLinkAboutContract 55054 �<y UTY SECRETARY o�© CONTRACT NO, � .5 05 MUNICIPAL SERVICES AGREEMENT pp�p BETWEEN THE CITY OF FORT WORTH,TEXAS AND p TSMJV, LLC This Municipal Services Agreement ("Agreement") is entered into on day of d-CmV,A/ , ?D?b by and between the City of Fort Worth, Texas, a hom -rule municipality of the State of Texas, ("City") and TSMJV, 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 purpo es 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 provid d for the Property on or after the effective date of annexation(the"Effective Date"); WHEREAS, Owner owns certain parcels of land situated in Tarrant Cc unty, Texas, which consists of approximately 29.867 acres of land in the City's extraterr torial jurisdiction, such property being more particularly described and set forth in Exhibi "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-20-004 ("Annexation Case"); WHEREAS, City and Owner desire to set out the City services to be provided ffir 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,_ Owner-Initiated Annexation Service Agreement p 1 of 7 municipal services" means all services provided by the City within its full-pulpose 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 pro ection services. ii. Police — The City's Police Department will provide protection an law enforcement services. iii. Emergency Medical Services — The City's Fire Department and MedS ar (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 per itted to utilize all existing publicly-owned parks and recreational facilities and a 1 such facilities acquired or constructed after the Effective Date(including com unity service facilities, libraries, swimming pools, etc.), throughout the City. Any private parks, facilities, and buildings will be unaffected by the anne ation; provided, however, that the City will provide for maintenance and opera 'on of the same upon acceptance of legal title thereto by the City and appropr ations therefor. In the event the City acquires any other parks, facilities, or bu ldings necessary for City services within the Property,the appropriate City dep ment 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 pu lic 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 n the amount of impervious surface. The fees will cover the direct and indirec 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 s gnage 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 7 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 c st for each occupied lot or tract in accordance with the City's "Policy f Dr 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 pro ibited by law. xi. Code Compliance — The City's Code Department will provide education, enforcement, and abatement relating to code violations within the Propaly. xii. Full Municipal Services — Commencing on the Effective Date, the Cily will provide to the Property all services provided by the City within its full-p rpose 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 develoriments established after the Effective Date in accordance with, and on the schedule determined by, the City's extension policies and applicable law and al 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,infirastnicture, 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 leg 1 right to execute, deliver and perform their obligations pursuant to this Agreement. caner acknowledges that approval of the Annexation Case is within the sole jurisdiction oft e 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 co arts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforce bility 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 lit' ation 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 o equal bargaining power and that each of them was represented by legal counsel in the negotiation Owner-Initiated Annexation Service Agreement 3 of 7 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 Goveniment 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 suet.. 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 Agre ment. 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 betwe n 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 7 CITY OF FORT WORTH PROPERTY OWNER TSMJV, LLC By: By: - Dana B#ghdoltD B JaWer Assistant City Manager Managing Approved as to Form and Legality: Senior Assistant City Attorneya•,. �ia Kayser Cit Secretary .�, Approvals: M&C -0 5 Ordinance No. ft942-19-9M State of Texas § County of Tarrant § This instrument was acknowledged before me on then day of 0Zd1 by Dana Burghdoff,Assistant City Manager of the City of oF"rt Worth, a Texas municipal corporation, on behalf of said corporation. SELENA ALA Notary Public, State of Texas Notary Public, State of Texas :+P Comm. Expires 03-31-2024 Notary ID 132422528 Fc FICIAL CORD ITY SECR `I'ARY d FT WORT ,TX Owner-Initiated Annexation Service Agreement 5 of 7 STATE OF TEXAS § COUNTY OF DENTON § This instrument was acknowledged before me on the 12TH day of November, 2020, by Benny Jafari, Managing Partner of TSMJV, LLC. 12n "p,C*) a By: Notary Public, State of Texas 41" Elena Lucie Parker My Com vs*ion E)pres 0 9/1 5120 22 ID 140.125535239 OF WNUAL RECORD MY SECRETARY Fm ` .'TX Owner-Initiated Annexation Service Agreement 6 of 7 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 EXHIBIT A Annexation Exhibit 29.867 Acres of Land S i t u a I;d 1 n t Ite lose C It r l no,A b st ra c t No. 261 a n d t h e T Ito m a s L o g a n S u r v e y, A b s t r a c t N o. 1 7 9 7 T a r r a n t C o u n t y, T e x a s 4 N 89°30'27"E N 89'28'O6`E 227.51' 29Z51Z 3 L 5 6 7 8 9 10 1112 tY,�r+ Lot iR2,Block 3 RIDOEPOINTE ROAD w c on Hfe.rest Estotes 1 13 N N y 0 3 A/7246 1 2 3 a 5 8 7 .O� O 2 eF �a c o� 3 39 38 37 36 cot r? o e 4 12 I z CALLED 29.867 ACRES 5 QUAINT MELODY,LTD. 6 1 38 INST,NO.0205244308 7 2 37 1 1 SAVE @EXCEPT 8 3 36 11 1 I If 4 CALLED 20.00 ACRES g 4 35 10 y 5 Mr 5 A EI F 12 7 32 10 ( I _ J.. -. 5 14 9 P 9 I I 6 1 16 yo 10 O 91 17 to B 7 P�F o 19 20 I N 0 W 21 B N 6722 ao of n o 6 s 3 `0 `79 0,00 P 996 i�96 U8 ep N CALLED 20.00 ACRES �M`M Y � i c ASHLEY µD ASSEN W8 Q �,�p t q/yti 5 I ek0� 10 z EVAU58AN0.�EVIIFE Oft Gem W VOLUME 11240,PACE 2278 0` \l, �O INST.NO.D193202097 V M 4 I t 9J0 Lot 2,Block to (City Pork) kI 12 CJ�\P e2ro Hawed Ridge Addition Cab.A,SI.7164 Lot 7R,Block 3 I I� Horvest Ridge Addition B Nn, 2 U 13 D202142228 9 10 11 12 Q PRAIRIE MEADOW CT w Lot 6R,Block 3 BI k 3 j EP 1 14 1 Harvest Ridge Addition S 4 3 2 1 Y? ETJ D202142228 y CITY OF FORT WORTH N 89`30'00"W 525.74' _ P TELLER HASLET ROAD i; B act 2 McPherson Ranch 0205041123 to k 28 7 6 514131 21 11 (1 12 131L15 16(718 9 10 ti 72 _ The John R.McAdams " Company,Ina W 0 350 700 Feet u� 111 Hillside Drive ing LeWW-".Texas T505T 972.436.9712 lob No.SPEC-20037 Date:September 14,2020 BV:WtM Page 2 of 2 Sb 201 Gauntry VIEW Drive M:\Projectc\IFOR-SPEC\SPEC-201137 Normandy Farms\Orawings\Zorjng\SPEC-20037 AEAwg Roanoke,Texas 76262 This document Was prepared under 22 TAC 0663.21,does not reflect the resuhs of an on the 940.240.1012 ground survey and is not to be used to convey or establish Interest In real property except MCA DA M S TBPE:19762 OTC SS:i10194440 those rlghU and interests implied or established by the creation or reconfiguration of the vWra."dartra�.cartt boundary of the political subdivision for Which It vas prepared. Owner-Initiated Annexation Service Agreement I of 3 EXHIBIT A Continued BEING all that certain lot, tract or parcel of land situated in the Jose Chirino Survey, Abstract No. 265 and the Thomas Logan Survey, Abstract No. 1797, Tarrant County, Texas, and being that called 29.867 acre tract, save and except a called 20.00 acre tract of land described in deed to Quaint Melody, LTD., recorded in Instrument No. D205244308, Deed Records, Tarrant County, Texas, and that called 20.00 acre tract of land described in deed to Ashley M. Clas en and Eva Jo Bailey, husband and wife, recorded in Instrument No. D193202097, Deed Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at the southeast corner of said 20.00 acres, being in the north line of Keller- aslet Road; THENCE N 89030'00" W, with the south line of said 20.00 acres, and the north line of Keller- Haslet Road, a distance of 525.74 feet to the southwest corner of said 29.867 acres, and the; cast line of Hillcrest Estates, an addition to Tarrant County, Texas, according to the plat thereof.' recorded in Volume 388-183, Page 51, Plat Records, Tarrant County, Texas; THENCE N 00002'15" W, with the east line of said Hillcrest Addition, a distance of'2019. 2 feet to the northeast corner of Lot 4, Block 2, of the aforementioned Hillcrest Addition, and the most southerly southeast corner of a called 4.290 acre tract of land described in deed to Frank T. Sanker and Carol D. Sanker, recorded in Instrument No. D213305714, Deed Records, Tarrant County, Texas; THENCE N 00001'50" W, a distance of 451.91 feet to an ell corner of said 4.290 acre tract and the northwest corner of said 29.867 acres; THENCE N 89030'27" E, a distance of 227.51 feet to the most easterly southeast corner of said 4.290 acre tract, and the southwest corner of Lot 1-R-2, Block 2, Hillcrest Estates an additic n to Tarrant County, Texas, according to the plat thereof recorded in Volume A, Page 7246, Plat Records, Tarrant County, Texas; THENCE N 89028'06" E, with the south line of said Lot 1-R-2, a distance of 297.51 feet tc the southeast corner thereof, being the northeast corner of said 29.867 acres; THENCE S 00003'10" E, with the east line of said 29.867 acres, a distance of 2481.03 feet to the POINT OF BEGINNING and containing approximately 29.867 acres of land. "This document was prepared under TA §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interest in real property except those rights and interest 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 2 of 3 12/28/2020 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORTTII DATE: 12/15/2020 REFERENCE M&C 20- LOG NAME: 06AX-20-004 NORMANDY FARMS - NO.: 0923 OWNER-INITIATED CODE: L TYPE; NOW PUBLIC NO CONSENT HEARING: SUBJECT. (Future CD 7) Conduct Public Hearing Authorizing Execution of Municipal Services Agreement and Adopt Ordinance for the Proposed Owner-Initiated Annexation of Approximately 29.867 Acres of Land in Tarrant County, Known as Normandy Farms, Located East of Park Vista, South of Alliance Gateway, West of Alta Vista along Keller- Haslet Road, in the Far North Planning Sector, AX-20-004 (PUBLIC HEARING - a. Report of City Staff: Mary Elliott; b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct public hearing for the proposed owner-initiated annexation of approximately 29.867 acres of land in Tarrant County, known as Normandy Farms, located east of Park Vista, south of Alliance Gateway, west of Alta Vista along Keller-Haslet Road, in the Far North Planning Sector as shown on Exhibit A; 2. Authorize execution of Municipal Services Agreement between the City and property owner, TSMJV, LLC; and 3. Adopt ordinance annexing AX-20-004 for full purposes. DISCUSSION: On November 10, 2020, representatives for the property owners TSMJV, LLC, submitted an application for full-purpose annexation of the property shown on Exhibit A into the City of Fort Worth. The subject property is located entirely in that portion of the City's extraterritorial jurisdiction which is in Tarrant County. The site is located east of Park Vista, south of Alliance Gateway, west of Alta Vista along Keller-Haslet Road. The owner-initiated annexation contains approximately 29.867 acres of land. The subject area is currently agricultural, residential, and vacant land. The property is proposed for residential type development. The proposed use is compatible with the future land use map of the 2020 Comprehensive Plan. On December 9, 2020, the related zoning case (ZC-20-143)will be heard by the Zoning Commission, and the commission will vote on the approval of the requested zoning to City Council. The requested zoning is "A-5" One-Family Residential. 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 proposed uses were considered while assessing the financial impact to the General Fund. A fiscal impact analysis was generated with the assistance of various City Departments. The city tax revenue is expected to have a positive fiscal impact over the next ten years after the proposed apps.cfwnet.org/council_packet/mc_review.asp?ID=28492&councildate=12/15/2020 1/2 12/28/2020 M&C Review development has been built. Based on the operating costs projected from the Police, Code Compliance and Transportation and Public Works Departments, the fiscal impact shows a slightly negative effect to the General Fund for the first year, but will have a positive impact thereafter. Therefore, due to the ability of the area to meet the City's annexation criteria for full-purpose annexation staff recommends approval of the requested owner-initiated annexation, AX-20-004. The City Council will conduct a public hearing on the proposed annexation. The public hearing is an opportunity for persons interested in the annexation to be heard. Once the City Council has conducted the required public hearing, Council may close the hearing and vote on authorizing the City Manager to execute the Municipal Services Agreement between the City and property owners and adopt an ordinance annexing Normandy Farms. Upon approval of the annexation request, the property will become part of COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that based upon approval of the above recommendation and adoption of the attached ordinance, the annexation will have a long-term positive impact to the General Fund. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 FROM Fund I Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 Submitted for City Manager's Office by_ Dana Burghdoff(8018) Originating Department Head: D.J. Harrell (8032) Additional Information Contact: Leo Valencia (2497) ATTACHMENTS Exhibit A- Map AX-20-004.pdf FIA Normandy Farms- Final.pdf Normandy Farms MSA.PDF Ordinance (AX-20-004)mr.docx apps.cfwnet.org/council_packet/mc_review.asp?ID=28492&councildate=12/15/2020 2/2