HomeMy WebLinkAbout(0095) Municipal Services Agreement WYATT CARRELL.PDFMUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS
AND WYATT CARRELL
This Municipal Services Agreement ("Agreement") is entered into on day of
by and between the City of Fort Worth, Texas, a home -rule
municipality 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 provided 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. ("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 Agreement, "full
municipal services" means all services provided by the City within its full -purpose
Owner -Initiated Annexation Service Agreement 1 of 8
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. Water and Wastewater services will be provided upon the
inclusion of the area in the Certificate of Convenience and Necessity (CCN) 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 receive
up to 200 linear feet of water and sewer extension at the City's cost for each
occupied lot or tract in accordance with the City's "Policy for the Installation
of Community Facilities" and applicable law. Once connected to the City's
water and sanitary sewer mains, the water and sanitary sewage service will be
provided by the City at rates established by City ordinances for such service.
x. Solid Waste Services — The City will provide solid waste collection services in
accordance with existing City ordinances and policies, except where prohibited
by law.
xi. Code Compliance — The City's Code Department will provide education,
enforcement, and abatement relating to code violations within the Property.
xii. Full Municipal Services — Commencing on the Effective Date, the City will
provide to the Property all services provided by the City within its full -purpose
boundaries and not otherwise listed above, except as provided in Section 3(b).
b. The City will provide water service and wastewater treatment service to developments
established after the Effective Date in accordance with, and on the schedule
determined by, the City's extension policies and applicable law and at rates
established by City ordinances for such services.
c. It is understood and agreed that the City is not required to provide a service that is
not included in this Agreement.
d. Owner understands and acknowledges that the City departments listed above may
change names or be re -organized by the City Manager. Any reference to a specific
department also includes any subsequent City department that will provide the same
or similar services.
4. SERVICE LEVEL. The City will provide the Property with a level of services, infrastructure,
and infrastructure maintenance that is comparable to the level of services, infrastructure, and
infrastructure maintenance available in other parts of the City with topography, land use, and
population density similar to those reasonably contemplated or projected for the Property.
5. AUTHORITY. City and Owner represent that they have full power, authority and legal right
to execute, deliver and perform their obligations pursuant to this Agreement. Owner
acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City
Council. Nothing in this Agreement guarantees favorable decisions by the City Council.
6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to
be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability
will not affect the validity of any other part, term or provision, and the rights of the parties will
be construed as if the part, term, or provision was never part of the Agreement.
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 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 Government
Code Chapter 43.
9. NO WAIVER. The failure of either parry 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 parry'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 8
CITY OF FORT WORTH
By:_
Name:
Title: Assistant City Manager
Approved as to Form and Legality:
Name:
Senior Assistant City Attorney
Attest:
Mary Kayser
City Secretary
Approvals:
M&C:
Ordinance No.
WYATT CARRELL
By:
Name. yatt Carrell
Title:
Owner -Initiated Annexation Service Agreement 5 of S
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the day of , 2021,
by , Assistant City Manager of the City of Fort Worth, a Texas
municipal 99rporation, on behalf of said corporation.
Notary Public, State of Texas
galY Angela Jean Bayless
cif My Commission Expires
Ot107/4024
7j+ ID No. 128844e33
OF
State of Texas §
County of /,�i §
This instrument was acknowledged before me on the 3 day of —J alj,, , 2021,
by Wyatt garrell.
t G�—
Notary Public, State f Texas
r
' Angela Jean Bayless
r. My Commission Expires
!� DIWI2024
ID No. 128844E33
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner -Initiated Annexation Service Agreement 6 of 8
EXHIBIT A
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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 aportion ofthat certain called 47.22 acre tract ofland described by deed to Howard Scott
Carrell, as recorded in County Clerk's Filing Number D219137430, Official Public Records, Tarrant
County, and being more particularly described by metes and bounds as follows:
BEGINNING atthe intersection ofthe South Right -of -Way line ofOld Weatherford Road (an existing 50'
Right -of -Way) and the east line of said called 47.22 acre tract, said point being in the south line of the
existing City ofFort Worth City Limits as described inthe City ofFort Worth Ordinance Number 7410,
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, Texas;
THENCE S 00018'00"W, adistance of 1226.00 feet along the east line ofsaid called 47.22 acretract and the
west line of said Texas Utilities Electric Company tract and then along the west line ofthat certain called
12.5351 acretractoflanddescribedindeedto Christine Cantwell Greback, as recorded inCounty Clerk'sFile
Number D206042059, Official Public Records, Tarrant County, Texastothe southeast comer ofsaidcalled
47.22 acre tract andbeing inthe north line ofthat certain called 56.864 acre tract ofland described in deedto
Uplift Education, as recorded in County Clerk's File Number D218112370, Official Public Records,
Tarrant County, Texas and alsobeinginthenorthline oftheCityofFort Worth City Limits as described
in the City ofFort Worth Ordinance Number 8612;
THENCE N 90000'00"W, adistance of 1632.60 feet alongthe south line ofsaid called 47.22 acre tract, 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 CityoffortWorth Ordinance Number 8612tothe southwest cornerofsaidcalled
47.22 acre tract, the northwest corner of said called 56.864 acre tract and being inthe east line ofthat certain
called 17.217 acretract described indeedto Elaine Wagner, asrecordedinVolume 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 inthe City off ort Worth Ordinance Number 8612;
THENCE N 00018'00"E, a distance of 1226.00 feet along the west line of said called 47.22 acre tract and
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 ofthat certain called 9.312 acre tract ofland described in deedto
Paul Al Ravaris and wife, Louisa Sai Ravaris, as recorded in Volume 11665, Page 992, Official Public
Records, Tarrant County, Texas andthen along the east line ofLot 5R, Cocasa Estates and recorded in
County Clerk's FileNumber 0214051997, Official Public Records, Tarrant County, Texas to thenorthwest
corner of the herein described tract, being in the south Right -of -Way line of the aforementioned Old
Weatherford Road andthesouth line oftheexisting City off ort Worth City Lim Its as described inthe
City of Fort Worth Ordinance Number 7410;
THENCE N 90000'00"E, a distance of 1 s32.60 feet along said south Right -of -Way line and said existing
City ofFort Worth City Limits as described inthe City off ort Worth Ordinance Number 7410 retuning to the Point of
Beginning and containing 2,001,540 square feet or45.949 acres ofland, more or less.
Owner -Initiated Annexation Service Agreement 8 of 8