HomeMy WebLinkAbout(0095) Municipal Serv. Agt. AX-19-010-Signed CISD.pdfMUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH, TEXAS AND
CROWLEY INDEPENDENT SCHOOL DISTRICT
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 Crowley Independent School District
("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 96.596 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-19-010 ("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.
oxwier-Initiated Annexation Service Agreement 1 o! 7
available municipal services to the Property in accordance with state law. which may be
accomplished through any means permitted by law. For purpose~ 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 infl•astructure 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. Planninv and Zoning —Tile 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
Stonnwater 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
Owner -Initiated Annexation Service Agreement 2 tit' 7
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.
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 frill 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, tern, or provision of this Agreement is held by the courts to
be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or Linen forceability
will not affect the validity of any other part, tern or provision, and the rights of the parties will
be construed as if the part, tern, 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
Owier-Initiated Annexation Service Aereement 3 or7
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 tern 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 terns 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 tern 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 first above written to be effective on the effective date of
annexation of the Property.
Owner -Initiated Anneution Service Agreement 4 ❑t'7
CITY OF FORT WORTH
M.
Dana Burghdoff
Interim 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 §
PROPERTY OWNER
CROWLEY INDEPENDENT
SCHOOL DISTRICT
Randy Reav s
This instrument was acknowledged before me on the __ day of 20,
by Dana Burghdoff, Interim Assistant City Manager of the City of Fort Worth, a Texas
municipal corporation, on behalf of said corporation.
By: -- -
Notary Public, State of Texas
Owner -Initiated Annexation Service Agreement 5 of 7
STATE OF TEXAS §
COUNTY OF Nl
This instrument was acknowledged before me on the C day of 201
by Randy Reaves on behalf of Crowley
Independent School District.
r'
By: �•
Notary Public, State of Texas
BRENDA S. DEAN
'Notary Public, State of Texas
Comm. Expires 05.08-2023
Notary ID 130220223
Ov,ner-Initiated Anneution Service Aereement 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
SCALE S50'
EXHIBIT A
ANNEXATION OF
96.596 ACRES OF LAND
Sit linted in the Antonio Fernandez Sur%ev, Abstrul No 100. 1 irr-ant
(7011111y. Texas.
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CLEBURNE CROWLEY ROAD
1489*34*32"E, 1831 4W
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THERON W SIMS, R PA{
TEXAS REGISTRATION NO�. 5887
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SOUTHFORK ESTArE5,
INST. 102f8054861
FORT BROWN TR.
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CAB, A. SLIDE 6878
PC 744
OR TC-r
P.R. TC T.
"'I his document was prepared undcr'22 I'AC §03.2 1, does not reflect
+ teague nail & perkins
the results of all an the ground survey, and is not to he used to convey
or establish intcrests in real property cxccpl those rights and interests
5237 N. ItWwsido DrWe, Sulls 100
implied or established by the creation or reconfigure min of the
tnp
Far Worth, Texas 76137 '
boundary of the political uio bdwisn for WhIL11 it was prepared."
817.336.5773 ph 817.332.7756fx
a4fE. JULY 19. 2019
w.Inploc.cam I TGPLS Registration No. 100116-00
JOB No. CSO IBJ20
Owner-Inittated Annexation Service A2reernent ol,3
EXHIBIT A
Being 96.596 acres of land situated in the Antonio Fernandez Survey, Abstract No. 506, Tarrant County,
Texas, containing all of those certain tracts of land conveyed to Crowley I.S.D., as filed in Instrument No's.
D206044642 and D218171049, Deed Records of Tarrant County, Texas (D.R.T.C.T.), and containing
apparent Right -of -Way (R-O-W) contained within Longhorn Trail (variable width); and being more
particularly described by metes and bounds as follows:
BEGINNING at the southeast corner of a tract of land conveyed to said Crowley ISD (Inst. #D206044642,
D.R.T.C.T.), also being the most easterly northeast corner of said Crowley ISD (Inst. #D218171049), and
also being in the west line of Lot 2x, Block 0, Southfork Estates, an addition to the City of Fort Worth,
Tarrant County, Texas, as filed in Instrument #D218054861, Plat Records of Tarrant County, Texas
(P.R.T.C.T.);
THENCE S 00'23'39" E, along the east line of said Crowley ISD (Inst. #D218171049), and passing along the
west line of said Lot 2x, Block 0, Southfork Estates, the west end of a 50' wide Right -of -Way (R-O-W) for
Fort Brown Trail and the west line of Lot 10x, Block Q, of said Southfork Estates, at a distance of 938.43
feet passing the southeast corner of said Crowley ISD (Inst. #D218171049) and continuing over and across
said Longhorn Trail, in all a distance of 983.18 feet to the south R-O-W line of said Longhorn Trail, also
being in the north line of Lot 16, Block 1, Longhorn Crossing Addition, an addition to Tarrant County, Texas,
as filed in Cabinet A, Slide 6878, P.R.T.C.T.;
THENCE S 89°39'12" W, along the south R-O-W of said Longhorn Trail, passing along the north line of Lots
1 and 13 thru 16 of said Block 1, also passing along the north line of Lots 1 and 8, Block 2 of said Longhorn
Crossing Addition, and also passing along the north R-O-W line of Steer Lane and Porterhouse Road, in all,
a distance of 1415.79 feet to the northwest corner of said Lot 1, Block 1, also being in the east line of a
tract of land described in deed to Dick Eudaly, as filed in Volume 7709, Page 744, D.R.T.C.T.;
THENCE N 00°01'12" E, continuing along the south R-O-W of said Longhorn Trail, along the east line of
said Eudaly tract, a distance of 22.44 feet to the northeast corner of said Eudaly tract;
THENCE S 89°30'56" W, continuing along the south R-O-W of said Longhorn Trail, passing along the north
line of said Eudaly tract and continuing over and across said Longhorn Trail at a bend to the southwest, in
all, a distance of 415.85 feet to the west R-O-W line of said Longhorn Trail, also being in the east line of a
tract of the remainder tract of land described as Tract 1 in the deed to Sewell Family Partnership, LTD., by
the deed recorded in Instrument #D206044638, D.R.T.C.T.;
THENCE N 00°23'39" W, passing along the east line of said Sewell Family Partnership remainder tract, also
passing along the west R-O-W line of said Longhorn Trail, and the west line of said Crowley ISD (Inst.
#D218171049), in all, a distance of 2279.28 feet to the south R-O-W line of Cleburne Crowley Road
(variable width), also being the northeast corner of Sewell Family Partnership reminder tract, and also
being the northwest corner of said Crowley ISD (Inst. # D218171049, D.R.T.C.T.)
THENCE N 89°34'32" E, passing along the north line of said Crowley ISD (Inst. #D218171049), also passing
along the north line of said Crowley ISD (Inst. #D206044642, D.R.T.C.T.), and passing along the south RO-
W line of said Cleburne Crowley Road, in all a distance of 1831.48 feet to the northeast corner of said
Crowley ISD (Inst. #D206044642, D.R.T.C.T.), also being in the west line of a tract of land described in deed
to Gatlinburg, LLC, as filed in Instrument #D215246542, D.R.T.C.T.;
Owner -Initiated Anne\auon Service Agreement 2 of 3
THENCE S 00°23'39" E, along the east line of said Crowley ISD (Inst. #D206044642), passing along the west
line of Gatlinburg tract and also passing along the west line of said Lot 2x, Block 0, Southfork Estates, a
distance of 1320,02 feet to the POINT OF BEGINNING and containing 96.S96 acres of land.
Owner-himated Annexation Service Agreement 3 oC 3