Loading...
HomeMy WebLinkAboutContract 56134 CITY SECRETARY MUNICIPAL SERVICES AGREEMENT ,Vap\ BETWEEN THE CITY OF FORT WORTH, TEXAS AND WYATT CARRELL This Municipal Services Agreement ("Agreement") is entered into on 7,�a ay of by and between the City of Fort Worth, Texas, a home-rule mun cipality of the State of Texas,("City")and Wyatt Carrell ("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, 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 County, Texas, which consists of approximately 45.949 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-21-006 ("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 f the Annexation Case. 2. INTENT. It is the intent of the City that this Agreement provide for the delivery of 11, 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 rFT. CIApL�RECORD Owner-Initiated Annexation Service Agreement CITY���+R � y WORT , TX boundaries, including water and wastewater services and excluding gas or electrical see ice. 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 prot ction 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 MedS ar (or other entity engaged by the City after the Effective Date)will provide emer 3ency medical services. iv. Planning and Zoning—The City's Planning and Development Department will provide comprehensive planning, land development, land use, and bu lding 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 theCity'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 si nage 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. Water and Wastewater services will be provided upon the inclusion of the area in the Certificate of Convenience and Necessity(CC ) for Owner-Initiated Annexation Service Agreement 2 of 8 the City. 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 r ceive 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 'ity's water and sanitary sewer mains, the water and sanitary sewage service will ill 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 Property. xii. Full Municipal Services — Commencing on the Effective Date, the Ci 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 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 Prope 5. AUTHORITY. City and Owner represent that they have full power, authority and lega right nt.to execute, deliver and perform their obligations pursuant to this Agreeme i caner 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 unenforce bility will not affect the validity of any other part,term or provision, and the rights of the partie 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 liti 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 of equal bargaining power and that each of them was represented by legal counsel in the negotiation Owner-Initiated Annexation Service Agreement 3 of 8 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 such. right on any future occasion. 10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreemer t, 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 Agree ent. 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 8 CITY OF FORT WORTH WYATT CARRELL f � By: 1 By: Name: Name: att Carrell Title: Assistant City Manager Title: Approved as to Form and Legality: U� Name: Nye-�1,r1fi�.. �,(1,rY1©S Senior Assistant City Attorney Attest: AA_XAN NR v a Mary R&Yfief- n d ?6on26S j PJ.A,,P y Secretary *. Approvals: M&C: A_p515 Ordinance No. ,94M(Q-06-20'1 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Owner-Initiated Annexation Service Agreement 5 of 8 State of Texas § County of Tarrant § This inst:ument was acknowledged before me on the day of , 202 1, by I_gW u , Assistant City Manager of the City of Fort orth, a Texas municipal corpora ion, on behalf of said corporation. By 1 �' *: MARIA S.SANCHEZ Notary Public, State of Texas ;,: My Notary ID#2256490 Expires December 19,2021 State of Tex s - § County of ,� § This instrument was acknowledged before me on the Z'�iay of 2021, by W att C ell. By: Notary Public, State of Texas Angela Jean Baykm 01107=24 ID N0.129a44M After Recording Return to: E:AAAAA------- City Secretary City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 OFFICIAL RECORD CITY SECRE ARY FT. WORTH TX Owner-Initiated Annexation Service Agreement 6 of 8 EXHIBIT A Ln a Ln ati j i �, �0 Li Z 1�1adf7 U U, bh ,, 1� � Zrr �� =a 'Qr�a 650Z0090Z0#�� �i ;u t r W V Wu M U I 53aOd MOW 0377t0 y�O� u , � ~;�OW2ti N7V83a9 '��'+w ~ W 2 O OC W 773MLN 3N tri a4 t0 LS1aH� T C �i`40 �� �iOj��:Q OC�w �O CONUOMlbO� u lU1 V Q� 02�UktZ ! N OJ 1NVa dl AlNno:)1M"'M ------ W� O QQ W O Cc 00'9ZZ! M.00.8l000 S w"' 2 Q Q tn u a� Z cc Hu Q Y � 34 > =0Q ~ ate ya O O N W CO y Wtn LQU b i N 1S wb � �•. oc � VkryntJ � ��cry� o �� `� g a �aaC4 to .y 4 Lu C O E a T8 o`�p0po g o%o d C � Q S �• u W W 1 E 7 rn QO� $ V&gfi ��SS W n �g 3 y, 4Z 3: i plz CK g�d�23" aC y 4 3ft +~w w V ^ In 6 00'9ZZ! 3.00 8l000 N !�sj 3N171IWI7 AU 3 9NLS1X3 g M HlbOM IbOA Una �N rc K I a3�wO� i WD Cr �`I m w �U! t l�~ QdQ .71VQ W Y ---------- Iv_=cc v W� U3 MUM lboU a' O ALNnO3 MWVV1 i Owner-Initiated Annexation Service Agreement 7 of 8 EXHIBIT A Continued BEING a tract of land situated in the Cyrus K. Gleason Survey,Abstract Number 559,Tarrant County Texas, and being a portion of that certain called 47.22 acre tract of land described by deed to Howard Scott Carrell, as recorded in County Clerk's Filing Number D219137430, Official Public Records, Tarr nt County, and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of Lot 1, Block H, Chapin Village Addition, as recorded in Count Clerk's File Number D218245473, Official Public Records,Tarrant County,Texas also being the northwest corner of that certain called 56.864 acre tract of land described in deed to Uplift Education, as recorded in County Clerk's File Number D218112370, Official Public Records,Tarrant County,Texas and said poi t being the southwest corner of said called 47.22 acre tract and being in the east line of that certain c�lled 17.217 acre tract described in deed to Elaine Wagner, as recorded in Volume 14685, Page 420, Official Public Records,Tarrant County,Texas and being the most westerly northwest corner of the City of ort Worth City Limits as described in the City of Fort Worth Ordinance Number 8612; THENCE N 00°18'00"E, a distance of 1226.00 feet along the west line of said called 47.22 acre tract nd along the east line of said called 17.217 acre tract, along the east terminus of a tract of land acquit to the public as a 50' Right-of-Way as recorded in volume 4013, Page 554, official Public Records,Tarrant County, Texas and then along the east line of that certain called 9.312 acre tract of land described in deed to Paul Al Ravaris and wife, Louisa Sai Ravaris, as recorded in Volume 11665, Page 992, Official Public Records, Tarrant County,Texas and then along the east line of Lot 5R, Cocasa Estates and recorded in County Clerk's File Number D214051997, Official Public Records,Tarrant County,Texas to the northwest corner of the herein described tract, being in the south Right-of-Way line of the aforementioned Old Weatherford Road (an existing 50' Right-of-Way) and the south line of the existing City of Fort Worth City Limits as described in the City of Fort Worth Ordinance Number 7410; THENCE N 90°00'00"E, a distance of 1632.60 feet along said south Right-of-Way line and said existing City of Fort Worth City Limits as described in the City of Fort Worth Ordinance Number 7410 to the intersection of the South Right-of-Way line of Old Weatherford Road and the east line of said called 47.22 acre tract, also being in the west line of that certain tract of land described in deed to Texas Utilities Electric Company, as recorded in Volume 8736, Page 1783, Official Public Records,Tarrant County, exas; THENCE S 00°18'00"W, a distance of 1226.00 feet along the east line of said called 47.22 acre tract Jnd the west line of said Texas Utilities Electric Company tract and then along the west line of that certain c Iled 12.5351 acre tract of land described in deed to Christine Cantwell Greback, as recorded in County Clerk's File Number D206042059, Official Public Records,Tarrant County,Texas to the southeast corner of said called 47.22 acre tract and being in the north line of the aforementioned Lot 1, Block H, Chapin Village Addition, the north line of said called 56.864 acre tract and also being in the north line of the aforementioned City of Fort Worth City Limits as described in the City of Fort Worth Ordinance Number 8612; THENCE N 90°00'00"W, a distance of 1632.60 feet along the south line of said called 47.22 acre trac ,the north line of said Lot 1, Block H, Chapin Village Addition and the north line of said called 56.864 acre tract and the north line of said City of Fort Worth City Limit line described in said City of Fort Worth Ordinance Number 8612 to the southwest corner of said called 47.22 acre tract,the northwest corner of said called 56.864 acre tract and being in the east line of that certain called 17.217 acre tract described in deed to Elaine Wagner, as recorded in Volume 14685, Page 420, Official Public Records,Tarrant County,Texas and being the most westerly northwest corner of said City of Fort Worth City Limits as described in the City of Fort Worth Ordinance Number 8612 returning to the Point of Beginning and containing 2,001,540 square feet or 45.949 acres of land, more or less. Owner-Initiated Annexation Service Agreement 8 of 8 City of Fort Worth, Texas Mayor and Council Communication DATE: 08/03/21 M&C FILE NUMBER: M&C 21-0515 LOG NAME: 06AX-21-006 CARRELL TRACT—OWNER INITITATED SUBJECT (Future CD 3)Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Consider Adopting Ordina ce for the Proposed Owner-Initiated Annexation of Approximately 45.949 Acres of Land in Tarrant County, Known as the Carrell Tract, Located V st of Chapel Creek Boulevard and Along the Southern Edge of Old Weatherford Road,in the Far West Planning Sector,AX-21-006 (PUBLIC HEARING-a.Report of City Staff: Mary Elliott; b. Public Comment;c.Council Action:Close Public Hearing and Act an M&C) RECOMMENDATION: It is recommended that the City Council: 1. Conduct public hearing for the proposed owner-initiated annexation of approximately 45.949 acres of land in Tarrant Co my located west of Chapel Creek Boulevard and along the southern edge of Old Weatherford Road,as shown on Exhibit A;and 2. Authorize execution of Municipal Services Agreement between the City and property owner,Wyatt Carrell;and 3. Adopt ordinance annexing AX-21-006 for full purposes. DISCUSSION: On June 2,2021, representatives for the property owner Wyatt Carrell, submitted a request 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 west of Chapel Creek Boulevard along the southern edge of Old Weatherford Road. The owner-initiated annexation, which is approximately 45.949 acres, is consistent with the urban development annexation criteria as established by the City's Annexation Policy. The subject area is currently agricultural land and the property owner's proposal of residential type development is consistent with the future land use map of the 2021 Comprehensive Plan. On July 14,2021,the related zoning case(ZC-21-085)was heard by the Zoning Commission,and the commission voted to recommend approval of the requested zoning to City Council. The requested zoning is"A-5"Single Family Residential.Avenue. The proposed annexation site is served by Old Weatherford Road. The applicant has verified that the right-of-way adjacent to the proposed annexation site is wholly located within the City of Fort Worth. Furthermore,Old Weatherford Road stretching east of the Carrell Tract to Wakecrest Drive is within the City Limits. This segment of Old Weatherford has been annexed previously with ordinance number 7410. Old Weatherford Road is a proposed 100-foot right-of-way. The developer will need to dedicate right-of-way in accordance with the Master Thoroughfare Plan. Upon annexation,the property will be subject to rough proportionality which will be assessed at the time of preliminary platting. The development will be located within Transportation Impact Fee Service Area S and subject to the transportation impact fee ordinance in ccordance with the applicable final plat recordation. This annexation is roughly within a 2 to 2.5 mile driving distance of fire station 32. Assuming an average fire apparatus speed of 35 MPH,the truck would arrive at this development within the 5-minute response time goal. Once fire station 43 opens later this summeq at Cook Children's Walsh Ranch,this station will provide additional coverage for this area until the permanent fire station 43 opens approximately 2 years from now near the intersection of Walsh Ranch Parkway and Walsh Avenue. 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 fiscal impact analysis was then provided to Planning&Data Analytics for review. City tax revenue is expected to have a positive fiscal impact over the next ten years after the proposed 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 criteria for full-purpose annexation Staff recommends approval of the requested owner-initiated annexation,AX-21-006. 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 AX-21- 006 for full purposes. If annexed,this property will become part of COUNCIL DISTRICT 3. A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that based upon approval of the above recommendations and adoption of the attached ordinance,the annexation will have a long-term positive impact to the General Fund. Submitted for City Manager's Office bk Dana Burghdoff 8018 Originating Business Unit Head: D.J. Harrell 8032 Additional Information Contact: Leo Valencia 2497 Expedited 8/9/2021 City of Fort Worth-File#:M&C 21-0515 Sign In i Home Legislation Calendar City Council Departments i 4pi:O She re- RSS.�;r'Alerts l Details Reports City of Fort Worth-Action Details File#: M&C 21-0515 Version:1 Name: Details Type: Land-Report of CM Status: Pa File#: MC 210515 Version:1 File created: 7/29/2021 In control: 9 Type: Land-Report of CM On agenda: 8/3/2021 Final action: 8/ Title: (Future CD 3)Conduct Public Hearing,Au horize Execution of Mu (Future CD 3)Conduct Public Hearing,Authorize Execution of Munic Consider Adopting Ordinance for the Pro Owner-Initiated A Annexation of Approximately 45.949 Acres of Land in Tarrant Count Acres of Land in Tarrant County,Known a i the Carrell Tract,Lou Title: Southern Edge of Old Weatherford Road,in the Far West Planning f and Along the Southern Edge of Old Weat rierford Road,in the Fa Comment;c.Council Action:Close Public Hearing and Act on M&C) (PUBLIC HEARING-a.Report of City Sta :Mary Elliott;b.Public Public Hearing and Act on M&C) Attachments: 1.M&C 21-0515.2.Exhibit-Site AX-21-006 Carrell Trct,p�lf,3.IU Mover: Michael D.Crain Sec er: Car History(1) Text Result: 1 record Group Export Agenda note: Date Ver. Action By ............ ...._. .Act...ion..._......._....... Minutes note: Mayor Parker opened the public earing. _— -- ......... ..... ._. 8/3/2021 1 CITY COUNCIL Approved 1. Report of City Staff Ms. Mary Elliott, Development Services Departr and provided a staff report. 2. Public Comments Mr. Christopher Tysdal, 1707 rket Place Boule- in support of M&C 21-0515 and was recogn unreachable via conference call. https://fortworthgov.legistar.com/LegislabonDetaii.aspx?ID=5072926&GUID=FDE576C7-F60C-4202-B5D2-605C2D44E46F 1/1