HomeMy WebLinkAbout(0009) MSA AX-19-001.pdfMUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS
AND NP-OV FORT WORTH PROJECT 1, LLC
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 NP-OV Fort Worth Project 1, 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 in the aggregate consist of approximately 115.026 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-19-001 ("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:
Owner -Initiated Annexation Service Agreement 1 of 11
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
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
Owner -Initiated Annexation Service Agreement 2 of 11
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
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.
Owner -Initiated Annexation Service Agreement 3 of 11
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
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 terms of this Agreement constitute covenants running with the land
Owner -Initiated Annexation Service Agreement 4 of 11
comprising the Property, are binding on the Owner and the City, and are 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 with regard
to the subject matter of this Agreement. 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 5 of 11
CITY OF FORT WORTH PROPERTY OWNER
NP-OV FORT WORTH PROJECT 1, LLC
Jesus "Jay" Chapa Name:
Assistant City Manager Title:
Approved as to Form and Legality:
Senior Assistant City Attorney
Attest:
Mary Kayser
City Secretary
Approvals:
M&C
Ordinance No.
Owner -Initiated Annexation Service Agreement 6 of 11
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the day of , 2019,
by Jesus "Jay" Chapa, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
Notary Public, State of Texas
State of Texas §
County of §
This instrument was acknowledged before me on the day of 52019,
by of [Name of individual signing, title (if any)]
on behalf of said [insert name of company or individual where
applicable].
LOIN
Notary Public, State of Texas
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner -Initiated Annexation Service Agreement 7 of 11
Exhibit A
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Owner -Initiated Annexation Service Agreement 8 of 11
Exhibit A
Legal Description of 115.026 Acres
BEING a tract of land situated in the A. King Survey, Abstract No. 710, the W. Sample Survey,
Abstract No. 1207, the L. Butler Survey, Abstract No. 64, the A. Robertson Survey, Abstract No.
1553, the J. Beaton Survey, Abstract No. 1708, the C. Perry Survey, Abstract No, 1031 and the
G. Overton Survey, Abstract No. 972, Denton County, Texas, being a part of that certain tract of
land described by deed to M.T. Cole Family Partnership No. 2, LP, recorded in Instrument
Number 2009-102749, Deed Records, Denton County, Texas and being a part of that certain
tract of land described by deed to NP-OV Fort Worth Project 1, LLC, recorded in Instrument
Number 2018-78932, Deed Records, Denton County, Texas, said tract of land being more
particularly described by metes and bounds as follows:
COMMENCING at a point in the northerly right-of-way line of F.M. 156 (a variable width right-
of-way), the southeast corner of Lot 4, Block 1, Dave Addition, an addition to the City of Fort
Worth, according to the plat recorded in Instrument Number 2018-152, Plat Records, Denton
County, Texas, and in a non -tangent curve to left having a central angle of 15°36'37", radius of
2,964.79 feet and a chord bearing and distance of South 84°36'50" West - 805.27 feet, from
which a 1/2" iron rod with cap stamped "SPIARS ENG", bears South 79°37'39" East, a distance
of 0.83 feet;
With the northerly right-of-way line of said F.M. 156, with south line of said Lot 4, Block
1, Dave Addition and with said non -tangent curve to the left in a southwesterly
direction, an arc length of 807.76 feet to a point in the approximate centerline of
Elizabeth Creek, the southwest corner of said Lot 4, Block 1, Dave Addition and the
POINT OF BEGINNING of herein described tract of land;
THENCE departing the approximate centerline of said Elizabeth Creek and with the north
right-of-way line of said F.M. 156 the following courses and distances:
Continuing with the said non -tangent curve to the left having a central angle of
05°26'40", a radius of 2,964.79 feet and a chord bearing and distance of South
74°05'11" West - 281.62 feet to a point;
With said non -tangent curve to the left in a southwesterly direction, an arc length of
281.72 feet to a point;
South 81°12'39" West, a distance of 106.20 feet to a point for the beginning of a curve
to the left having a central angle of 26°37'57", a radius of 2,984.79 feet and a chord
bearing and distance of South 56°02'18" West - 1,374.95 feet;
With said curve to the left in a southwesterly direction, an arc length of 1,387.40 feet to
a point;
South 47°16'39" East, a distance of 20.00 feet to a point for the beginning of a non -
tangent curve to the left, having a central angle of 01°11'35", a radius of 2,964.79 feet
and a chord bearing and distance of South 42°07'32" West - 61.73 feet;
With said non -tangent curve to the left in a southwesterly direction, an arc length of
61.73 feet to a point;
South 41°31'45" West, a distance of 2,286.16 feet to a point for the beginning of a curve
to the left having a central angle of 06°52'37", a radius of 4,683.66 feet and a chord
bearing and distance of South 38'05'26" West - 561.83 feet;
Owner -Initiated Annexation Service Agreement 9 of I I
Exhibit A
Legal Description of 115.026 Acres
With said curve to the left in a southwesterly direction, an arc length of 562.17 feet to
a point for the most easterly northeast corner of said NP-OV Fort Worth Project 1 tract;
THENCE North 4751' 10" West, departing the northerly right-of-way line of said F.M.156, with
the northeasterly line of said NP-OV Fort Worth Project 1 tract, a distance of 460.75 feet to
point;
THENCE North 89°01'23" West, departing the northeasterly line of said NP-OV Fort Worth
Project 1 tract, crossing into said NP-OV Fort Worth Project 1 tract, a distance of 1,636.99 feet
to a point in the most northerly west line of said NP-OV Fort Worth Project 1 tract;
THENCE WEST, departing the most northerly west line of said NP-OV Fort Worth Project 1
tract, with the most westerly north line of said NP-OV Fort Worth Project 1 tract, a distance of
341.38 feet to a point;
THENCE NORTH, departing the most westerly north line of said NP-OV Fort Worth Project 1
tract, crossing into said M.T. Cole Family Partnership No. 2, LP tract, a distance of 112.50 feet
to a point for the beginning of a non -tangent curve to the left having a central angle of
68°05'23", a radius of 376.41 feet and a chord bearing and distance of North 42°19'44" East -
421.46 feet;
THENCE with said non -tangent curve to the left in a northeasterly direction, an arc length of
447.32 feet to a point for the beginning of a non -tangent curve to the right having a central
angle of 40°36'44", a radius of 429.21 feet and a chord bearing and distance of North 11°08'39"
East - 297.90 feet;
THENCE with said non -tangent curve to the right in a northeasterly direction, an arc length of
304.23 feet to the point in the most northerly west line of said NP-OV Fort Worth Project 1
tract;
THENCE NORTH, with the most northerly west line of said NP-OV Fort Worth Project 1 tract,
a distance of 127.28 feet to a point for the most northerly northwest corner of said NP-OV Fort
Worth Project 1 tract;
THENCE EAST, with the north line of said NP-OV Fort Worth Project 1 tract, a distance of
153.72 feet to a point in the northeasterly line of said NP-OV Fort Worth Project 1 tract;
THENCE North 34°29'28" East, departing the north line of said NP-OV Fort Worth Project 1
tract, crossing into said M.T. Cole Family Partnership No. 2, LP tract, a distance of 352.11 feet
to a point;
THENCE South 47°51'10" East, a passing distance of 432.49 feet to a point for the most
northerly northeast corner of said NP-OV Fort Worth Project 1 tract and continuing with a
northeasterly line of said NP-OV Fort Worth Project 1 tract for a total distance of 1065.37 feet
to a point;
THENCE North 40°53'33" East, departing the northeasterly line of said NP-OV Fort Worth
Project 1 tract, crossing into said M.T. Cole Family Partnership No. 2, LP tract, a distance of
2,848.12 feet to a point in the approximate centerline of said Elizabeth Creek and in the
Southerly line of that certain tract of land described by deed to Forestar (USA) Real Estate
Group, Inc., recorded in Instrument Number 2018-27156, Deed Records, Denton County,
Texas;
Owner -Initiated Annexation Service Agreement 10 of 11
Exhibit A
Legal Description of 115.026 Acres
THENCE with the approximate centerline of said Elizabeth Creek and with the southerly line
of said to Forestar (USA) Real Estate Group, Inc. tract the following courses and distances:
South 61°35'51" East, a distance of 112.93 feet to a point;
South 75°35'15" East, a distance of 572.39 feet to a point;
North 77°13'23" East, a distance of 487.75 feet to a point;
North 29°10'09" East, a distance of 163.71 feet to a point;
South 80°48'51 East, a distance of 175.36 feet to a point;
North 67°02'04" East, a distance of 406.53 feet to a point;
North 47°37'25" East, a distance of 257.66 feet to a point;
North 36°41'43" East, a distance of 119.87 feet to a point;
North 80°04'45" East, a distance of 80.79 feet to a point;
South 55°06'35" East, a distance of 248.69 feet to a point;
South 04°58'02" East, a distance of 134.41 feet to a point;
South 66°18'43" East, a distance of 68.03 feet to the POINT OF BEGINNING and
containing a calculated area of 5,010,567 square feet or 115.026 acres of land.
Owner -Initiated Annexation Service Agreement I I of I I