HomeMy WebLinkAboutContract 58443 (2) CSC No. 58443
MUNICIPAL SERVICES AGREEMENT
BETWEEN THE CITY OF FORT WORTH,TEXAS
AND NORTHWEST INDEPENDENT SCHOOL DISTRICT
This Municipal Services Agreement ("Agreement") is entered into on ath day of
November , 2022 by and between the City of Fort Worth, Texas, a home-rule
municipality of the State of Texas, ("City")and Northwest 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, 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 consists of approximately 18.510 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-22-009 ("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
boundaries, including water and wastewater services and excluding gas or electrical service.
OFFICIAL RECORD
CITY SECRETARY
CAvner-Initiated Annexation Service Agreement I of4
` FT.WORTH,TX
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 comparable with the provision of services available in other parts of the
municipality with topography, land use and population density similar to the
level of service contemplated or projected in the area.
ii. Police — The City's Police Department will provide protection and law
enforcement services.
iii. Emer enc 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 Development Services 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. If a property owner desires to connect an existing structure to
Owner-initiated Annexation Service Agreement 2 of 9
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 — 'rhe 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.
5. 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 unendorceability
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-lnitiatcd Annexation 5ervioe Agreement 3 ar4
and drafting of this Agreement.
S. 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.
3. 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 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-lniliated Annexation Service Agreement 4 of
CITY OF FORT WORTH Northwest Independent School District,
Owcernr,,
-,,:,.�By: _ .reb� ,.. _ By: 1 Y�� �
Name: Name: M t'� .�
Title:_ Assistant City Manager Ti#le: i�y , i ythnd w—
Approved as to Form and Legality:
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Name: Melinda Ramos
Senior Assistant City Attorney
Attest: QFORTn�C
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City Secretary
Approvals:
M&C: 22-0891
{ordinance No.25840-11-2022
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Owner-Initiated Annexation Service Agreement 5 of 9
State of Texas §
County of Tarrant §
This instrument was acknowledged before me on the 29th day of November 2022,
by Dana Burghdoff ,Assistant City Manager of the City of Fort Worth, a Texas
municipal corporation, on behalf of said corporation.
By:W-M,(N20221.: M
Notary Public, State of Texas
pRY P 6 SELENA ALA
2 Notary Public
+ STATE OF TEXAS
P Notary I.D.132422528
"FOF My Comm.Exp.Mar.31,2024
State of LU3 §
County of §
This ins n a was acknowledged before me on the day of Ca 2;1-lf 20J
by ,r fo�bexhalf of Northwest Independent School District.
t%"r+�' 13ONDA WHELE CAGLE
M1Pg v'a�
Notary Public, State of '.;° `Notary Public, stare of Texas
Comm, Expires 01.22.2025
f''.�°i,►�`x� Notary D 132883405
After Recording Return to:
City Secretary
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Owner-Initiated Annexation Service Agreement 6 of-9
EXHIBIT A
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Owner-initiated Annexation Service Agreement 7 of 9
Exhibit A
Continued
"ANNEXATION DESCRIPTION"
BEING 18.510 acres of land situated in the W.N. Sample Survey,Abstract No. 1207,
Denton County, Texas, and being all of that certain tract of land conveyed to the
Northwest I.S.D.,according to the deed filed in Instrument#2019-109099,Deed Records
of Denton County,Texas(D.R.D.C.T.);and being more particularly described by metes
and bounds as follows
BEGINNING at a reentrant corner of said Northwest I.S.D. tract, also being the
southwest comer of Right-of-Way(R-O-W)for Texan Drive(variable width),according
to the plat of Northwest I.S.D.Addition,an addition to the City of Fort Worth,Denton
County, Texas,as recorded in Cabinet U, Page 188. Plat Records of Denton County,
Texas(P.RD.C.T.)
THENCE N 89-ITI8" E,along the most easterly north fine of said Northwest I.S.D.
tract,and along the south R-O-W line of said Texan Drive,a distance of 138.07 feet to
the northwest comer of a remainder tract of land described in deed to OLP Beal Estate,
Ltd,according to the deed filed in Instrument#2007-55420, D.R:I'.C.T.,also being the
most easterly northeast corner of said Northwest I.S.D.tract,and also being in the south
R-O-W line of said Texan Drive;
THENCE S 00°2T52"W,along the east line of said Northwest I.S.D.tract,and along
the west line of said QLP Real £state remainder tract,a distance of 695.99 feet to the
southeast corner of said Northwest I.S.D.tract,also being the northeast comer of Lot 1,
Block 1,Wilson Addition,an addition to the City of Fort Worth,Denton County,Texas,
as recorded in Instrument No.2020-191,P.R-D.C.T.;
THENCE N 7602T41"W,along the south line of said Northwest I.S.D.tract,and along
the north line of said Lot 1,Block 1, Wilson Addition,a distance of 1024.34 feet to the
southwest comer of said Northwest I.S.D.tract,also being the northwest corner of said
Lot 1, Block 1, Wilson Addition, and also being in the east line of Lot 2, Block A,
North Iink Logistics Center,an addition to the City of Fort Worth,Denton County,Texas,
as recorded in Instrument No.2019-457,P.R.D.C.T.;
THENCE N 00°29'50"E,along the west line of said Northwest 1.S.D.tract,and along
the east line of said Lot 2,Block A,Northlink Logistics Center,a distance of 721.43 feet
to the northwest comer of said Northwest I.s.D.tract,also being the northeast comer of
said Lot 2,Block A,Northlink Logistics Center,and also being in the south line of said
Lot 1,Block 1,Northwest I.S.D.Addition;
THENCE N 89011'58"E,along the north line of said Northwest I.S.D.tract,and along
the south line of said Lot 1,Block 1,Northwest I.S.D.Addition,a distance of 849.19 feet
to areentrantcorner of said Lot 1,also being the northeast corner of said Northwest I.S.D.
tract;
Sbmt I of 3
'.T Wt 21429
Owner-Initiated Annexation Service Agreement 8 of
Exhibit A
Continued
THENCE S 01°3943" E. along the most southerly west line of said Lot 1, Block 1,
Northwest I.S.Q.Addition,also passing along the west end of the R-O-W of said Texan
Drive,and along the most northerly east line of said Northwest I.S.D.tract,a distance of
279.14 feet to the POINT OF BEGINNING and containing 18.510 acres of land.
"This document was prepared under 22 TAC§663.21,does not reflect the results of an
on the ground survey,and is not to be used to convey or establish interests in real property
except those rights and interests implied or established by the creation or reconfiguration
of the boundary of the political subdivision for which it was prepared."
4F
15,2022
F * o w
Theron W.Sims,R. n a. 4us�
Texas Registration �7
SUtRy
Sheet 2 of 3
NWt 21428
Owner-Initiated Annexation Service Agreement 9 of 9
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 11/08/22 M&C FILE NUMBER: M&C 22-0891
LOG NAME: 06AX-22-009 GENE PIKE MIDDLE SCHOOL(NISD)—OWNER INITITATED
SUBJECT
(Future CD 7)Conduct Public Hearing,Authorize Execution of Municipal Services Agreement and Consider Adopting Ordinance for the Proposed
Owner-Initiated Annexation of Approximately 18.510 Acres of Land in Denton County, Known as Gene Pike Middle School-Northwest ISD,
Located West of Blue Mound Road and South of Highway 114, in the Far North Planning Sector,AX-22-009
(PUBLIC HEARING-a. Report of City Staff.Stuart Campbell;b. Public Comment;c.Council Action:Close Public Hearing and Act on M&C)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct public hearing for the proposed owner-initiated annexation of approximately 18.510 acres of land in Denton County,for a proposed
school site for Northwest ISD known as Gene Pike Middle School,located west of Blue Mound Road and south of Highway 114,as shown on
Exhibit A;
2. Authorize execution of municipal services agreement between the City of Fort Worth and property owners, Northwest Independent School
District;and
3. Adopt ordinance annexing AX-22-009 for full purposes.
DISCUSSION:
On September 1,2022,representatives for the property owners Northwest Independent School District,submitted a request for full-purpose
annexation of the property shown on Exhibit A into the City of Fort Worth(City).The subject property is located entirely in that portion of the City's
extraterritorial jurisdiction which is in Denton County.The site is located west of Blue Mound Road and south of Highway 114.The owner-initiated
annexation,which is approximately 18.510 acres, is consistent with the urban development annexation criteria as established by the City's
Annexation Policy.
The subject area is currently agricultural and vacant land.The property owner proposes the land use for institutional development. This property will
be the site of the replacement to the current Gene Pike Middle School which is located immediately north of the site but on the same campus.The
proposed land use is partially consistent with the future land use map of the 2022 Comprehensive Plan. Per Subdivision Ordinance,Section 31-
2(b)(1),the City Plan Commission is required to study and make a recommendation on proposals for voluntary annexations that are inconsistent
with the Comprehensive Plan.On September 28,2022,the City Plan Commission voted unanimously to recommend approval of the inconsistent
land uses proposed in annexation case AX-22-009.
The 2022 Comprehensive Plan identifies the future land use for this site as Institutional, General Commercial and Light Industrial.The proposed
development is compatible with current surrounding land uses,but not totally consistent with the future land use.
This annexation has no related zoning case and will default to"AG"Agricultural zoning upon annexation.The default zoning will be the same as the
larger campus to the north.
The site is currently in the City's Certificate of Convenience and Necessity(CCN). However,this site is not included in the City's 20-year Planned
Service Area.
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.
Emergency services will be provided through the City of Fort Worth.The City's Fire Department will provide emergency and fire protection
services comparable with the provision of services available in other parts of the municipality with topography, land use and population density
similar to be the level of service contemplated or projected in the area. Emergency medical services will be provided by City's Fire Department
and MedStar or other entity engaged by the City.The City's Police Department will provide protection and law enforcement services.
The proposed uses were considered while assessing the financial impact to the General Fund.A fiscal impact analysis was prepared by Planning
&Data Analytics with the assistance of other City Departments.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-22-009.
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 annexing AX-
22-009 for full purposes.
If annexed,this property will become part of COUNCIL DISTRICT 7.
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 by. Dana Burghdoff 8018
Originating Business Unit Head: D.J. Harrell 8032
Additional Information Contact:
Expedited