HomeMy WebLinkAbout(0042) MSA_AX-19-007_partially_executed.pdfMUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS AND
JONATHAN WESTROM AND TRACY WESTROM
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 Jonathan Westrom and Tracy Westrom.
("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 Tarrant County,
Texas, which consists of approximately 4.594 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-19-007 ("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,
Owner -Initiated Annexation Service Agreement 1 of 7
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
Storinwater 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.
Owner -Initiated Annexation Service Agreement 2 of 7
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.
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.
Owner -Initiated Annexation Service Agreement 3 of 7
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 terin 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. 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 fist 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
C
Jesus"Jay" Chapa
Assistant City Manager
Approved as to Form and Legality:
Senior Assistant City Attorney
Attest:
Mary Kayser
City Secretary
Approvals:
M&C
Ordinance No.
State of Texas §
County of Tarrant §
F
B
J1
A
B
Tracy W
This instrument was acknowledged before me on the day of , 20 ,
by Jesus "Jay" Chapa, Assistant City Manager of the City of Fort Worth, a Texas municipal
corporation, on behalf of said corporation.
IC
Notary Public, State of Texas
Owner -Initiated Annexation Service Agreement 5 of 7
STATE OF TEXAS §
§
COUNTY OF TCli1&99 §
This instrument was
by Jonathan Whrgnf�
Notary Public, State of Texas
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me on the �� day of , 20d,
and ifra4 Westrom
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
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Exhibit A, Owner -Initiated Annexation Service Agreement Page I of 2
EXHIBIT A
PROPERTY DESCRIPTION
PAGE 2 OF 2
BEING A 4,594 ACRES TRACT OF LAND OUT OF THE C. BOYD SURVEY, ABSTRACT NO. 212,1'ARRANT COUNTY,
TEXAS; BEING A PORTION OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN D218121542, OFFICIAL
RECORDS, TARRANT COUNTY, TEXAS: BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A FOUND 3/4" IRON ROD, AT THE NORTHWEST CORNER OF THAT CERTAIN LOT 7, BLOCK 1,
BOYD ADDITION AS RECORDED IN PC, A, P. 1795, PLAT RECORDS, TARRANT COUNTY, TEXAS, AT THE
NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND AS DESCRIBED IN V. 7481, P. 65, O.R.T,C,T., AT THE
SOUTHEAST CORNER OF THAT CERTAIN LOT 6, BLOCK A, BOAZ ADDITION AS RECORDED IN PC. A, P. 3295,
P.R,T,C,T., AND AT THE SOUTHWEST CORNER OF SAID D218121542, FOR THE SOUTHWEST AND BEGINNING
CORNER OF THIS TRACT.
THENCE N 00°02'02" W AT 473.77 FEET PASSING A FOUND 1/2" IRON ROD AND IN ALL 504.17 FEET ALONG
THE EAST LINE OF SAID LOT 6 AND THE WEST LINE OF SAID D218121542 TO A FOUND 3/41, IRON ROD, AT THE
NORTHEAST CORNER OF SAID LOT 6 AND IN THE SOUTH LINE OF AVONDALE HASLET ROAD, FOR THE
NORTHWEST CORNER OF THIS TRACT.
THENCE N 89°05'1011 E 395.01 FEET OVER AND ACROSS SAID D218121542 AND ALONG THE SOUTH LINE OF
SAID AVONDALE HASLET ROAD TO A FOUND 1" IRON ROD, IN THE EAST LINE OF SAID D218121542 AND THE
WEST LINE OF THAT CERTAIN LOT 1, BLOCK 1, STITH ADDITION AS RECORDED IN D214211589, P.R.T.C.T., FOR
THE NORTHEAST CORNER OF THIS TRACT.
THENCE S 00°00'57" W 509.74 FEET ALONG THE WEST LINE OF SAID LOT I AND THE EAST LINE OF SAID
D218121542 TO A FOUND 3/4" IRON ROD, AT THE SOUTHEAST CORNER OF SAID D218121542, AT THE
SOUTHWEST CORNER OF SAID LOT 1, AT THE NORTHWEST CORNER OF THAT CERTAIN TRACT OF LAND AS
DESCRIBED IN D208335517. O.R,T,C,T„ AND AT THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND
AS DESCRIBED IN D208019777, O.R.T.C.T., FOR THE SOUTHEAST CORNER OF THIS TRACT.
THENCE S 89°53'38" W 394.51 FEET ALONG THE SOUTH LINE OF SAID D218121542 TO THE POINT OF
BEGINNING,
BEARINGS, DISTANCES, AND/OR AREAS DERIVED FROM GNSS OBSERVATIONS PERFORMED BY TEXAS
SURVEYING, INC. AND REFLECT N.A,D. 1983, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL
ZONE 4202, (GRID)
I. THE UNDERSIGNED, A REGISTERED PROFESSIONAL LAND SURVEYOR RI THE STATE OF TEXAS. DO CERTIFY THAT THE ABOVE DESCRIBED PROPERTY WAS SURVEYED
ON THE GROUND; BY ME OR UNDER MY DIRECT SUPERVISION; VISIBLE CONFLICTS. ENCROACHMENTS, AND OVERLAPS ARE AS SHOWN ON THIS PLAT OR MAP
ATTACHED HERETO: THE AREA & BOUNDARY WERE DETERMINED WITH RESPECT TO DIE RECORDED REFERENCES AS SHOWN: AND THE INFORMATION PRESENTED 15
TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE, IN ADDITION. IT IS 140T INTENDED TO EXPRESS OR IMPLY WARRANTY, GUARANTEE OF OWNERSHIP, OR
TRANSFER OF TITLE. AMD THIS SURVEY IS SUBJECT TO ALL APPLICABLE COPYRIGHT LAWS FROM THE DATE OF THIS SURVEY. TO PROTECT ALL PARTIES INVOLVED,
THIS SURVEY 15 ONLY VALID IF ORIGINAL SEAL & SIGNATURE APPEAR ON THE FACE OF THIS SURVEY IN BLUE INK.
F
" •' TCCTEXAS
MICAH HAMILTON, RE015TERED PROFESSIONAL LAND SURVEYOR N0, 5865
SURVEYING. INC. • WEATHERFORD BRANCHs
T �RF''•104
5, WALNUT STREET. WEATHERFORD. TEXAS 76066
Q 't UTVlEATHERFORDC•TXSURVEYING.COM
•817.594.0400.................DATE:
APRIL 4.2019. JN190406A
HAMILTONU
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NO AOSTRACT OF TITLE OIL TITLE COFI1AITh1ENT WAS PROVIDED TO T1115
RECORD RESEARCH PERFORATED DY THIS SURVEYOR WAS MADE
eaHs ;'ErSURVEYOR.
N\ iONLY
FOR THE PURPOSE OF DETERMINING THE BOUNDARY OF THIS PROPERTY(:
S $ L�,:' �OAND
OF THE AD)OINVIG PARCELS. RECORD DOCUMENTS OTHER THAN THOSE"""""•
�(SHOWN
ON THIS SURVEY MAY EXIST AND ENCUMBER THIS PROPERTY,
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2) OFFICIAL FE.KA FLOOD HAZARD INFORMATION HAS NOT BEEN REVIEWED
DURING THE COURSE OF THIS SURVEY, FOR UP TO DATE FLODD HAZARD
INFORMATION ALWAYS VISIT THE OFFICIAL F.E.14A. WEBSITE AT
(WWVl.FEMAOOV).
3) GOVERNMENTAL ENTITIES MAY REQUIRE THIS PROPERTY TO BE FURTHER
PLATTED AND RECORDED WITH THE COUNTY CLERK.
4) UNDERGROUND UTILITIES WERE NOT LOCATED DURING THIS SURVEY. CALL $11
AND/OR UTILITY PROVIDERS BEFORE EXCAVATION OR CONSTRUCTION.
5) PLEASE CONSULT ALL APPLICABLE GOVER141110 ENTITIES REGARDING RULES 6
REGULATIONS, THAT MAY AFFECT CONSTRUCTION ON THIS PROPERTY.
6) NOT ALL IMPROVEMENTS ARE SHOWN ON THIS SURVEY
TEXAS
SURVEYING
RAM No. 10100000 • WWW,TXBYRVEYIRG,COM INC.
Exhibit A, Owner -Initiated Annexation Service Agreement Page 2 of 2