HomeMy WebLinkAboutIR 8572 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8572
February 24, 2004
°"' }„ To the Mayor and Members of the City Council
Page 1 of 4
SUBJECT: DOCUMENTS AND INFORMATION CONCERNING
'°'s THE ESTABLISHMENT OF FORT WORTH
PUBLIC IMPROVEMENT DISTRICT NO. 12
(CHAPEL HILL RESIDENTIAL AREA)
On February 3, 2004, the City Council adopted M&C G-14240 regarding the establishment of the Fort Worth
Public Improvement District No. 12. Paragraph 3 of the M&C requires the City Manager to prepare certain
documents and information and to file the same with the City Secretary as provided in Chapter 372 of the
Local Government Code.
In submitting the petition, the Applicant specifically reserves the right to withdraw the petition before council
actions establishing the Fort Worth Public Improvement District No. 12 ("the District") if the Applicant and
the City cannot agree on the form and content of the resolution establishing the District. Further, the
Applicant reserves the right to withdraw the petition for any reason upon written notice to the City prior to
council actions establishing the District.
The following information and documents are hereby submitted:
1. The petition for establishment of the proposed District meets the requirements of Chapter 372, Subchapter
A, Section 372.005 of the Local Government Code and the City's current policy regarding public
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improvement districts. A copy of the calculations establishing the sufficiency of signatures is attached and
incorporated as Exhibit"A". A copy of the petition is attached and incorporated as .Exhibit"B".
2. The general nature of the improvements and/or services of the District shall include:
(a) Turf maintenance, which includes seasonal specifications for mowing height and cycles for the
various types of landscaped areas and grasses, specifications for edging and trimming, and
specifications for the application of herbicides as required;
(b) Horticultural maintenance, which controls the weeding and cultivation of shrubs and ground cover
beds;
(c) Irrigation maintenance, which includes inspection schedules and management of seasonal
watering schedules and repairs to the system as required;
(d) Seasonal color specifications to control type, color, number, and size of plants to be installed in
applicable areas;
(e) Tree care, which includes hazard mitigation, tree fertilization, pruning, replacement and insect
disease control;
(f) Water and electricity costs for irrigation systems;
(g) Fence maintenance and repair for specialty fencing;
(h) Ground and holiday lighting maintenance;
(i) Security services supplemental to existing services, when appropriate;
0) Other services incidental to the maintenance of landscaping;
(k) Maintenance and repair of special streetlights and street signs;
(1) Lake maintenance and management which includes ecosystem management, fountains and
lighting;
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
,
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8572
February 24, 2004
To the Mayor and Members of the City Council Page 2 of 4 -
SUBJECT: DOCUMENTS AND INFORMATION CONCERNING
THE ESTABLISHMENT OF FORT WORTH
PUBLIC IMPROVEMENT DISTRICT NO. 12
(CHAPEL HILL RESIDENTIAL AREA)
(in) Trail system maintenance and repair;
(n) Maintenance and repai and replacement of playground or other recreational equipment located
within the District; and
(o) Capital Improvement: Park benches and other playground equipment.
The improvements and/or services will be a supplement to the standard existing level of City
improvements and/or services and will constitute an added increment to the improvements and/or services
normally provided to the taxpayers generally. The adjusted current standard level of service totals will be
added to and made a part of the City Council resolution establishing the District, when and if the District is
established. If the District is established, the City will continue to furnish or pay for standard improvements
and/or services in the District at the same level as they are provided to the taxpayers generally.
The City Council resolution authorizing the establishment of the District will contain a provision
stating that the present level of standard improvements and/or services currently provided by the City of Fort
Worth to taxpayers in the District will continue during the term of the District.
3. A preliminary estimate of the cost of the improvements and/or services of the District during the first year
of operation, which does not begin until October 1, 2005 is:
(a) City Administration $10,000
(b) Mowing/Edging/Irrigation Checks/Bed Maintenance/water/electric 47,400
(c) Irrigation Repairs 3,000
(d) Plant Material replacement 1,000
(e) Holiday Lighting 1,500
(0 Maintenance of Special Lights, and Street signs 500
(g) Fence Painting/Repairs 500
(h) Ground lighting maintenance 500
(i) Trails Maintenance 500
0) Lakes and Fountains maintenance 1,500
(k) Lakes Ecosystem Management 1,500
(1) Playground Equipment maintenance 250
(m) Capital Reserve for Replacement 1,000
(n) Corm-nunity Social Programs 1,000
(o) PID Management ($3/home) 525
(p) Contingency 5,000
Total Maintenance and Other Expenses $75,675
The cost of improvements and/or services in subsequent years will be determined in the annual service plan to
be adopted by the City Council,
ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
INFORMAL REPORT TO CITY COUNCIL MEMBERS NO. 8572
February 24, 2004
To the Mayor and Members of the City Council
st Page 3 of 4
SUBJECT: DOCUMENTS AND INFORMATION CONCERNING
THE ESTABLISHMENT OF FORT WORTH
PUBLIC IMPROVEMENT DISTRICT NO. 12
(CHAPEL HILL RESIDENTIAL AREA)
4. The boundaries of the improvement district include approximately 1,346 acres. Major streets
encompassing the proposed district are: West Bonds Ranch Road on the North; Business Highway 287
North on the East, and the proposed extension of Boat Club Road and the City limits on the South. A
copy of the map showing the boundaries of the proposed District is attached and incorporated as Exhibit
"C". The proposed District, upon full development, will include approximately 200 acres of public open
space and roughly 275 acres of roads and rights-of-way to be dedicated to the City.
5. The method of assessment is proposed to be:
(a) A service plan will be approved and adopted by the City Council each year beginning October
1, 2005. The plan will be reviewed and updated annually by the Council to determine the
annual budget for improvements and/or special supplemental services within the District.
(b) The cost of an improvement and/or special service will be assessed against real property within
the District according to the value of such property as determined by the City Council,
including the value of structures or other improvements on the property.
(c) The City Council resolution authorizing establishment of the District will contain a provision
which states that in the first year of existence of the District there will be no assessments
levied. Beginning October 1, 2005 the annual assessments against real property in the District
will not exceed an amount equal to 19 cents per $100 of the value of such property as
determined by the City Council, including the value of structures or other improvements on the
property.
6. The proposed apportionment of costs between the improvement district and the City as a whole is:
(a) All of the cost of an improvement and/or service would be paid by special assessments against
real property and structures or other improvements thereon in the District.
(b) The City of Fort Worth will pay its proportionate share of assessments for services provided
by the District. The payment of assessments on property owned by other exempt jurisdictions
may be established by contract. The City as a whole will continue to provide the standard
improvements and services to the District.
(c) The City Council of the City of Fort Worth will be authorized to establish by ordinance
reasonable classifications and formulas for the apportionment of costs between the City and
the areas to be assessed and to establish the methods for assessing special benefits for various
classes of improvements and/or services.
ISSUED BY THE CITY MANAGER FORT WORTH- TEXAS
,
INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 8572
February 24, 2004
To the Mayor and Members of the City Council
Page 4 of 4
C V& A�0�
AU;16V SUBJECT: DOCUMENTS AND INFORMATION CONCERNING
'107% THE ESTABLISHMENT OF FORT WORTH
PUBLIC IMPROVEMENT DISTRICT NO. 12
(CHAPEL HILL RESIDENTIAL AREA)
7. The probable maximum benefits to be conferred on each tract in the District because of its improvements
and/or services shall be greater than the amount of the assessment against such tract and the owners
thereof
The City Council will consider a resolution authorizing establishment of the District which will provide that
the District will exist in perpetuity immediately following adoption of such resolution unless property owners
in the District petition the City Council for dissolution of the District as provided by law. Council action on
the resolution is planned for March 23, 2004, after notice and a public hearing on the establishment of the
The original of the above report was filed with the City Secretary of the City of Fort Worth on February 24,
�gt. a o
Xd
City anager
Exhibit "A" Calculations
Exhibit "B" Petition
Exhibit "C" Map
ISSUED BY THE CITY MANAGER FORT WORTH. TEXAS
PROPOSED PID 12 PETITION FINDINGS
»�
Texas Local Government Code, Section 372.005 Petition states:
(b) The petition is sufficient if signed by:
(1)owners nf taxable real property representing more than 50 percent of the appraised value of
taxable real property liable for assessment under the proposal,as determined by the current roll of the
appraisal district in which the property halocated;AND
(2) record owners of real property liable for assessment under the proposal who:
(A) constitute more than 5O percent of all record owners of property that ks liable for
assessment under the proposal; OR
(B) own taxable real property that constitutes more than 60 percent ofthe area of all taxable
real property that is liable for assessment under the proposal.
Herein are the statistics:
Total appraised value ufpnopedywit inthedimtrkct $ 7.775.692
Total appraised value of property liable for assessment $ 7.775.692
Appraised value of property belonging tu records owners who signed petition * 7`775.692
Percentage of appraised value of property liable for assessment whose
record owners have signed the petition 100.00 94
�
The above satisfies the requirements under Section 372.O05(b)(1)
Total number of different owners in the proposed district 1
Total number of different owners signing petitions 1
Percentage nf valid petitions within the proposed district 100.0096
The above satisfies the requirements under Section 372.DO5(b)(2)(A)
Total acreage in the proposed district 1347755
Total acreage owned bypetitioners 1347.755
Percentage of petitioners'acreage in the proposed district 100.00 %
The above smbfien the requirements under Section,372.005(b)(2)(B)
|n conclusion,staff finds the petitions submitted by the P|O12 petitioners have met
the requirements under Section 372.005(b) of the Texas Local Government Code.
PETITION REQUESTING THE ESTABLISHMENT
OF THE CHAPEL HILL PUBLIC IMPROVEMENT DISTRICT
a
of
Fort Worth,Texas
Exhibit B
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PETITION REQUESTING THE ESTABLISHMENT OF THE
CHAPEL HILL PUBLIC IMPROVEMENT DISTRICT
[Chapel Hill of Fort Worth]
ARTICLE I - REQUEST TO ESTABLISH DISTRICT
1. This petition (the "Petition") is submitted to the City of Fort Worth, Texas (the
"City") by Chapel Hill Venture, L.L.L.P. (the "Petitioner") requesting the
establishment of a public improvement district to be known as the Chapel Hill
Public improvement District (the "District").
2. This Petition is submitted under the authority of Chapter 372 of the Texas Local
Government Code (the "Code") and pursuant to the "Policy Statement - Public
Improvement Districts - City of Forth Worth" adopted September 10, 1991 by the
City Council of the City, as amended.
3. This Petition is submitted with the understanding that the City and the Petitioner
will mutually agree upon the form and content of the resolution establishing the
District. If the City and the Petitioner are unable to agree upon the form and
content of the resolution, or if the City Council does not adopt the resolution as
,1� < agreed, the Petitioner shall be deemed to have withdrawn this Petition prior to any
action having been taken by the City Council to establish the District. Under no
circumstances shall the City Council have the authority to establish the District
unless the form and content of the resolution have been approved by the Petitioner.
The Petitioner further reserves the right to withdraw this Petition at any time and
for any reason by giving written notice of withdrawal (including notice by FAX, e-
mail or hand delivery) to the City Secretary of the City at any time before the City
Council votes to establish the District (regardless of whether the City Council may
have opened a public hearing to consider the advisability of establishing the
District).
4. The establishment of the District pursuant to this Petition will promote the interests
of the City, will confer a special benefit on all property within the District, and will
promote the interests of the City, the District and all property within the District.
ARTICLE II - LEGAL SUFFICIENCY OF THE PETITION
This Petition is legally sufficient under the Code to establish the District because it has
been signed: (1) by the record owners of taxable real property representing 100% of the
appraised value of taxable real property liable for assessment under this Petition, as
determined by the current roll of the Tarrant Appraisal District; (2) by the record owners
IIrr of taxable real property who constitute 100% of all record owners of property that is
liable for assessment under this Petition, as determined by the current roll of the Tarrant
Appraisal District; and (3) by the record owners of real property liable for assessment
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under this Petition who own taxable property that constitutes 100% of the area of all
taxable real property that is liable for assessment under this Petition, as determined by
the current roll of the Tarrant Appraisal District. A copy of the current roll of the
Tarrant Appraisal District (with original signatures of each property owner shown next
to each parcel within the boundaries of the proposed District that is liable for
assessment) is provided as Exhibit "A".
ARTICLE III - GENERAL NATURE OF PROPOSED DISTRICT SERVICES
The District will provide services that enhance or maintain the lifestyle, security,
personal pride, enjoyment, and property values within the District including, but not
limited to, the services set forth on Exhibit "B". In addition to the services set forth on
Exhibit "B", the Petitioner requests that the District be authorized to engage in any
activity permitted under the Code, subject to annual approval by the City Council. The
manager of the District will recommend each year, to both property owners within the
District and to the City Council, an annual plan of service and budget setting forth in
detail the services and other activities proposed for the District.
ARTICLE IV - ESTIMATED COST OF DISTRICT SERVICES
I. The Petitioner estimates that the District's first year budget starting October 1, 2005
will be approximately $75,675.00, which will result in an estimated annual
assessment for the first year of between $190.00 and $219.00 for a home within the
District having an appraised value of$100,000.
2. An itemized estimate of the District's budget for the first five years together with a
five-year service plan summary for the District (including estimated sources of
revenues for the District, including subsidy revenues that the Petitioner may
provide) are set forth on Exhibit "C". The amount, if any, of the Petitioner's annual
subsidy is within the sole discretion of the Petitioner.
3. The Petitioner acknowledges and agrees that each annual plan of service and
budget for the District, although prepared and recommended by the District's
manager, will be subject to approval by the City Council after a public hearing.
The Petitioner also acknowledges and agrees that each annual plan of service and
budget will fully fund all costs incurred by the City in connection with the
administration of the District including, but not limited to, the costs for personnel,
data services, appraisals, notifications, and collection fees. The Petitioner further
acknowledges and agrees that the City will have the option to use in-house
personnel or to contract with outside agencies to provide the same services if it is
more cost effective to do so.
4. All funds of the District will be managed in accordance with accounting methods
approved by the City.
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ARTICLE V - ANNUAL PLAN OF SERVICE AND BUDGET
REVIEW PROCESS
Each year beginning October 1, 2005, the District's manager will prepare and
recommend to the City Council an annual plan of service and budget and an updated
five-year plan of service and budget. Prior to presenting each annual plan and budget to
the City Council, the manager will submit the plan and budget to the Board of Directors
of the Association (hereinafter defined) for the Board's review and will conduct at least
one public hearing within the District at which time the proposed plan and budget
(including any comments from the Board review) will be presented and property owners
within the District will be given an opportunity for public comment. The manager will
give individual written notice to the office of the City Manager and to each property
owner within the District not less than 15 days before the date of each hearing, which
notice will be accompanied by an outline of the proposed annual plan and budget or
revisions thereto, as the case may be. This public, hearing is in addition to the public
hearing that will be held by the City Council as required by the Code before approving
and adopting an annual plan of service and budget for the District.
ARTICLE VI - BOUNDARIES OF THE PROPOSED DISTRICT
The proposed District contains approximately 1346 acres shown on the map attached as
Exhibit "D" and more particularly described by metes and bounds on the attached
Exhibit "E". The proposed District, upon full development, will .include approximately
200 acres of public open space and roughly 275 acres of roads and right of ways to be
dedicated to the City.
ARTICLE V11 - PROPOSED METHOD OF ASSESSMENT
It is proposed that the property in the District will be assessed annually for services to be
performed by the District according to the appraised values of the property, including
improvements, as determined by the then current tax roll of the Tarrant Appraisal
District. However, if an initial or annual District Service Plan or Assessment Plan
defines areas of special benefits that accrue to property within such areas, the assessment
rate may vary within the District to reflect the special benefits conferred upon such
defined areas within the District. It is estimated that the assessment rate for the first year
will not exceed $0.19 per $100.00 of appraised valuation.
ARTICLE V111 - PROPOSED APPORTIONMENT OF COSTS
BETWEEN THE DISTRICT AND THE CITY
Except as provided in this Article VIII, all costs of the District will be apportioned to the
District, and no City property within the District will be liable for assessment. The City
will contribute to the District each year an amount equal to the costs that the City would
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have paid or incurred for the maintenance of any City-owned property within the
District for which the District provides maintenance. Additional participation, if any, by
the City in the costs of the District will be at the discretion of the City Council of the
City.
ARTICLE IX -MANAGEMENT OF THE DISTRICT
The District will be managed by a private entity under a professional services contract
with the City in the form attached as Exhibit "F". The initial terra of the contract may
not exceed two years, subject to year-by-year renewals with the approval of both parties.
Management fees will be included in the District's annual plan of service and budget
approved by the City Council. All contracts for services provided to the District will be
let by the district manager in accordance with the City's competitive bidding procedures
and the City's Ordinance No. 13471, as amended, concerning minority and women
business enterprises in City Contracts. The district manager will carry general liability
insurance with limits of at least $1,000,000.00 per occurrence and naming the City as an
additional insured. Upon request by the City, the district manager will provide
certificates of insurance evidencing such coverage. The district manager will indemnify
the City against injury, damages and losses resulting from the acts or omissions of the
district manager and those for whom the manager is responsible.
ARTICLE X -ADVISORY BODY
The Petitioner proposes that the District be established and managed without the
creation of an "advisory body," but understands that pursuant to the Public Improvement
District Assessment Act, an advisory body may be established to recommend an
improvement plan to the City Council.
ARTICLE XI -DISSOLUTION OF THE DISTRICT
The District will be deemed established immediately upon publication in a newspaper of
general circulation in the City of a resolution duly adopted by the City Council
authorizing the District, and the District shall continue thereafter until dissolved or re-
established as provided by the Code.
ARTICLE XII -HOMEOWNERS ASSOCIATION
1. The Petitioner agrees to create a property owners association (the "Association")
that, in the event the District is terminated, shall continue the services of the
District. The extent to which such services will be continued will be discretionary
with the Association and the City, as determined by its bylaws and State law. The
Association will, however, be obligated to remove or repair, at its expense, any
5
improvements that fall into such a state of disrepair as to create a hazard to the
public safety, as determined by the City.
ARTICLE XIII - ESTABLISHMENT OF THE DISTRICT
DOES NOT OBLIGATE THE CITY
Except as provided in Article VIII, the Petitioner agrees that the establishment of the
District does not obligate the City to fund or perform any District services, even if the
District is dissolved.
ARTICLE XIV - SALES DISCLOSURES
All sales by the Petitioner of property within the District will disclose in the deed that
the property is located in the District and that the City is not obligated to fund or
perform any District services, even if the District is terminated.
ARTICLE XV -APPLICATION FEE
The Petitioner agrees to pay to the City an application fee of$150.00 to cover the cost of
the City in evaluating this Petition and in verifying the signatures contained in this
Petition. Any unexpended portion of the fee shall be reimbursed to the Petitioner when
the evaluation and verification is complete.
, 3
ARTICLE XVI - BENEFIT OF THE DISTRICT
The proposed District will operate and maintain landscaping and improvements (the
original cost of which is anticipated to be approximately $9 million) that will be located
in and along boulevards, parks and open spaces. These improvements will be for the use
and benefit of all property owners within the District. These improvements will also
contribute to, create, and maintain a sense of individual and community pride within the
District. Taken together, these benefits will help to create, preserve, and protect stable
residential neighborhoods that will provide an enhanced tax base for the City far into the
future.
LIST OF EXHIBITS:
Exhibit "A" Proposed District - 2001 Tarrant Appraisal District Tax Roll with Owners'
Signatures
Exhibit "B" Summary of Initial District Services
Exhibit "C" Five-Year Itemized Estimate of Revenues and Expenses
Exhibit "D" Map of Proposed District
Exhibit "E" Metes and Bounds Description of Proposed District
Exhibit "F" Form of District Management Contract
6
PETITIONER:
Chapel Hill Venture, L.L.L.P., a Georgia limited liability limited partnership
By: Chapel Hill (Fort Worth) AIP 111, L.L.L.P., a Georgia limited liability limited
partnership, as sole general partner
By: Avanti Capital Associates, a Florida joint venture (formerly known
as Avanti Properties Group, J.V., a Florida joint venture), as sole general
partner
By: Avanti Management Partners, J.V., a Florida joint venture, as sole
managing venturer
By: Avanti Development Corporation, a Florida corporation, as sole
managing venturer
(CORPORATE SEAL)
Name:
Title.-
7
EXHIBIT "A"
1999 TARRANT APPRAISAL DISTRICT TAX ROLL WITH OWNERS'
SIGNATURES
Account Acres Owner
1 07925395 491.6740 Chapel Hill Venture,L.L.L.P.
2 07925387 40.3600 Chapel Hill Venture,L.L.L.P.
3 07925301 249.4130 Chapel Hill Venture,L.L.L.P. - c.
4 04600525 168.4600 Chapel Hill Venture,L.L.L.h:~---
5 04301854 215.9350 Chapel Hill Venture,L.L.L.P�
6 04296052 79.2780 Chapel Hill Venture,L.L.L.P.
7 04145399 100.7480 Chapel Hill Venture,L.L.L.P.
TOTAL 1,345.8680
l
By:
Chapel Hill Venture, L.L.L.P., a Georgia limited liability limited
partnership
By: Chapel Hill (Fort Worth) ATP III, L.L.L.P., a Georgia limited
liability limited partnership, as sole general partner
By: Avanti Capital Associates, a Florida joint venture (formerly known
as Avanti Properties Group, J.V., a Florida joint venture), as sole general
partner
By: Avanti Management Partners, J.V., a Florida joint venture, as sole
managing venturer
By: Avanti Development Corporation, a Florida corporation, as sole
managing venturer
By: (CORPORATE SEAL)
Name:
Title:
8
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EXHIBIT "B"
SUMMARY OF INITIAL DISTRICT' SERVICES
I. Turf maintenance, which includes seasonal specifications for mowing height and
cycles for the various types of landscaped areas and grasses, specifications for
edging and trimming, and specifications for the application of herbicides as required;
2. Horticultural maintenance, which controls the weeding, cultivation and replacement
of shrubs and ground-cover beds;
3. Irrigation maintenance, which includes inspection schedules and management of
seasonal watering schedules and repairs to the system as required;
4. Seasonal color specifications to control type, color, number, and size of plants to be
installed in applicable areas;
5. Tree care, which includes hazard mitigation, tree fertilization, pruning, replacement,
and insect disease control;
6. Water and electricity costs for irrigation systems;
7. Maintenance and repair of special fencing;
8. Grounds and holiday lighting maintenance;
s
9. Supplementary security services;
10. Other services incidental to the maintenance of landscaping;
11. Maintenance and repair of special streetlights and street signs;
12. Lake maintenance and management which includes ecosystem management,
fountains and lighting;
13. Trail system maintenance and repair; and,
14. Maintenance, repair and replacement of playground or other recreational equipment
located within the District;
15. Capital Improvement: Park benches and other playground equipment.
9
EXHIBIT "C"
CHAPEL HILL PUBLIC IMPROVEMENT DISTRICT
FIVE YEAR ITEMIZED ESTIMATE OF REVENUES AND EXPENSES
For the Period January Through December
Submittal Date: 11/25o003
REVENUE PROJECTIONS 10n/2005 10n/2006 10n/2007 10nu00 10nx200e
mm 9/3u/06 mmm30/m mmymomu mmeow09 mmy/30no
Assessment Revenues $ 36.575 $ e9.063 $ 159.800 $ 2*2'250 $ ah*.mm
City or Fort Worth Level or Service Reimbursement u 5,000 $ 7,500 $ 10'000 $ 12.500 $ 15.000
Chapel Hill Venture,uLPSubsidy $ 3*.100 $ 31'883 % 38.776 $ 8.50* $ 3'824
TOTAL REVENUES $ 75.675 $ 128.*45 $ 209,376 $ 263.254 $ zoz.sz*
City Administration n(P.|.D. $ 10.000 $ 11.000 * 12.000 * 13'000 u 14.000
Security Patrols $ ' $ ' $ - $ - $
mv*ng/EuOmg/|mga:o"Checks/Bed womtemancexmatevE|eomo $ ^r.*oo $ no'noo $ 153.570 $ 187'704 $ 273.024
Irrigation Repairs $ 5.000 $ 4.000 $ 5.000 $ 7,000 $ 10.000
Plant Material Replacement $ 1.000 $ 2.500 $ 3,500 $ 5,000 $ 10.000
Holiday Lighting $ 1.500 * 2.080 $ 2.500 u 3.500 $ 5.000
Maintenance n/Special uoma'Street Signs u sno $ 2.00 * 3,000 $ n'000 $ 7,000
pnncapainomg/nepai,o $. 500 $ 1.500 $ 2.000 $ 3,000 $ 5.000
Ground Lighting Maintenance $ 500 $ 1.000 $ 1.*00 $ 2'000 $ 3.500
Trails Maintenance $ 500 $ /.sOo $ 3,000 u 5.000 $ 8.000
Lakes and Fountains Maintenance $ 1'500 $ 2'500 8 3.508 $ 8.008 $ 10.000
Lakes Ecosystem Management �$ 1'nuO � �.000 � z.5oo a'uOu $ *.00O
�
Playground Equipment Maintenance $ 250 $ 1'000 $ 1.500 $ 2,000 $ 5'000
Sub-Total Maintenance $ 58.150 $ 105.320 $ 181.676 $ 229.204 * 340.52*
Capital Reserve for Replacement $ 1'000 $ 3,000 $ 4,000 $ 5,000 $ 8.000
Lower P0 Taxes o,Add to Capital Reserve $ - $ - $ - $ ' $ -
Repayment or Chapel Hill Venture,LLLPSubsidy $ ' $ - * ' $ ' $ -
Community Programs<souiaV $ 1.000 $ 2.000 $ 3.000 $ 5.080 $ 7,500
P0 Management($3/honne) $ 525 $ 1.12s $ 1.800 $ 2.550 $ 3.60
Contingency $ 5.000 $ 6,000 $ 7,000 $ 8.50 $ 10.000
TOTAL MAINTENANCE m OTHER EXPENSES $ 75'675 $ 128.**5 $ 209,376 $ zon'om* z 383.624
Assessment Rate per$1uu Assessed Value $0.19
Typical Assessment for Home Valued at $100.000 *190
Typical Assessment for Home Valued at $110.000 $208
Typical Assessment for Home Valued at $120.000 $228 '
Typical Assessment for Home Valued at $130.000 $z*r
Typical Assessment for Home Valued o, $140.000 $zoh
Typical Assessment for Home Valued at $/no.Ooo $285
#Pnoj Houses 175 375 soo Ooo 1200
Avg Value $ 110.000 % 125'000 $ 1*0.000 u 150.000 $ 160.000
Exhibit"C" -Five Year Itimized Estimate of Pavenues 19 Expenses
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EXHIBIT "Ell
METES AND BOUNDS DESCRIPTION OF PROPOSED DISTRICT
PARCEL I:
Parts of the BENJAMIN THOMAS SURVEY, abstract No. 1497, the J. N. REED
SURVEY, Abstract No. 1362, the J.A. GILL SURVEY, Abstract No. 570, the THOMAS
HICKS SURVEY, Abstract No. 18 18, the T. &P. R. R. Co. SURVEY, Abstract No.
1568, the M.E.P. & P. R. R. CO. SURVEY, Abstract No. 1138 and the S.C.T. FORD
SURVEY, Abstract No. 531, situated in the northwest part of Tarrant County, Texas;
embracing parts of Parcels "E" and "G" described in the deed to Chapel Hill Venture,
L.L.L.P. recorded in volume 14957, page 0307 of the Deed Records of Tarrant County,
Texas and described by metes and bounds as follows:
Beginning at a 7/8" iron recovered for the southeast comer of said Parcel "E" in the west
right-of-way of(U.S. Highway No. 81 State Highway No. 287 and the northeast comer of
Tract No. 6 described in the deed of Texas Electric Service Company recorded in volume
2542, page I of the said Deed Records;
Thence northwesterly, along the south line of said Parcel "E" and the north line of said
Tract No. 6 to and along the north line of the East Tract described in the deed to Texas
Electric Service Company recorded in volume 6865, page 414 of the said Deed Records,
the following:
North 89 degrees-47 minutes-22 seconds west, 5518-87/100 feet to a 5/8" capped iron
set;
North 82 degrees-30 minutes-59 seconds west, 1979-20/100 feet to a 5/8" capped iron
set;
North 77 degrees-30 minutes-45 seconds west, 1832-54/100 feet to a 7/8" iron recovered
for the southwest comer of said Parcel "E";
Thence north 00 degrees-10 minutes-52 seconds east, along the most southerly west line
of said Parcel "E", 209-38/100 feet to a3/4" iron recovered;
Thence south 89 degrees-17 minutes-04 seconds east, along a southerly line of said
Parcel "E", 1792-62/100 feet to a 1" iron recovered for a reentrant comer of said Parcel
44E));
Thence north 00 degrees-22 minutes-38 seconds east, along the most easterly west line of
said Parcel "E", 2645-45/100 feet to a mark"Y" in top of set stone for the northeast
comer of the W.E. BOSWELL SURVEY in the south line of said Parcel "G";
Thence north 89 degrees-55 minutes-35 seconds west, along the south line of said parcel
"G", 3570-05/100 feet to a3/4" iron recovered for the southwest comer of said parcel "G";
Thence north 00 degrees-12 minutes-15 seconds east, along the wet line of said parcel
"G", 3006-23/100 feet to a 5/8" capped iron set in the south line of Bonds Ranch Road
12
described in the deed to Tarrant County recorded in volume 13449, page 39 of the said
Deed Records;
Thence northeasterly and southeasterly, along the south line of said Bonds Ranch Road,
the following:
North 89 degrees-56 minutes-47 seconds east, 3125-47/100 feet to a I" iron recovered for
at the beginning of a curve to the left having a radius of 3115 feet;
Along said curve to the left an arc length of 922-21/100 feet to a 1" iron recovered at its
end and the beginning of a curve to the right having a radius of 2995-87/100, the long
chord of said 922-21/100 feet of arc is north 81 degrees-27 minutes-54 seconds east, 918-
85/100 feet:
Along said curve to the right an arc length of 942 feet to a I" iron recovered at its end,
the long chord of said 942 feet of arc is north 81 degrees-59 minutes-30 seconds east,
938-13/100 feet;
South 89 degrees-00 minutes-02 seconds east, 398-94/100 feet to a 5/8" capped iron set;
Thence south 00 degrees-59 minutes-58 seconds west, 2489-18/100 feet to a 5/8" capped
iron set;
Thence north 82 degrees-11 minutes-44 seconds east, 3820-86/100 feet to a 7/8" iron
recovered in the east line of said parcel "E" and the west line of said (State Highway No.
287);
Thence southeasterly, along the east line of said parcel "E" and the west right-of-way of
said (State Highway No. 287), the following:
South 21 degrees-40 minutes-55 seconds east, 5025-83/100 feet to a 7/8" iron recovered
at the beginning of a curve to the right having a radius of 5788-65/100 feet;
Along said curve to the right an arc length of 151-94/100 feet to the pace of beginning
and containing 1029-185/1000 acres, the long chord of said 151-94/100 feet of arc is
south 22 degrees-33 minutes-05 seconds east, 151-93/100 feet.
PARCEL 11:
A part of the J. N. REED SURVEY, Abstract No. 1362 situated in the northwest part of
Tarrant County, Texas; embracing all of Parcel "F" described in the deed to Chapel Hill
Venture, L.L.L.P. recorded in volume 14957, page 0307 of the Deed Records of Tarrant
County, Texas and described by metes and bounds as follows:
Beginning at a 5/8" iron recovered for the southwest comer of said parcel "F";
13
Thence north 00 degrees-1 I minutes-10 seconds east, along the west line of said parcel
"F", 2017-55/100 feet to a I" iron recovered for the northwest comer of said Parcel "F"
in the south line of the 20-71/100 acres Tract described in the deed to Texas Electric
Service Company recorded in volume 2658, page 587 of the said Deed Records;
Thence south 77 degrees-33 minutes-49 seconds east, along the north line of said Parcel
"F" and the south line of said 20-71/100 acres Tract. 2566-93/100 feet to a T.E.S.C.O.
monument found for the northeast comer of said Parcel "F" and a re-entrant comer of
said 20-71/100 acres Tract;
Thence south 00 degrees-45 minutes-42 seconds west, along the east line of said Parcel
"F" and the west line of said 20-71/100 acres Tract, 1490-32/100 feet to the southeast
comer of said Parcel "F" from which a T.E.S.C.O. monument bears east, 0-25/100 feet;
Thence north 89 degrees-24 minutes-55 seconds west, along the south line of said Parcel
"F" 2493-57/100 feet to the place of beginning and containing 100-748/1000 acres.
PARCEL III:
Part of the W. E. BOSWELL SURVEY, Abstract No. 1852, situated about 11-5/10 miles
north 33 degrees west from the courthouse in Fort Worth, the county seat of Tarrant
County, Texas; and embracing a portion of Parcel 2 the 215-935/1000 acres Tract
described in the deed to Chapel Hill Venture, L.L.L.P. recorded in volume 15041, page
0477 of the Deed Records of Tarrant County, Texas and described by metes and bounds
as follows:
Beginning as a'/4" iron rod recovered at the northwest comer of said Boswell Survey and
a re-entrant comer of A.C.H. & B. SURVEY, Abstract No. 55 at the most northerly
northwest comer of said Amon G. Carter Foundation tract.
Thence south 89 degrees-55 minutes-35 seconds. east, along the north line of said Parcel 2
and the common line of said Boswell Survey and A.C.H. & B. Survey, 3570-05/100 feet
to a mark "Y" on top of set stone marked "WEB" for the northeast comer of said Boswell
Survey and in a west line of B. Thomas Survey, Abstract No. 1497.
Thence south 00 degrees-22 minutes-38 seconds west, along an east line of said Parcel 2
and the common line of said Boswell Survey and Thomas Survey, 2645-45/100 feet to a
I" iron rod recovered at the easterly southeast comer of said Boswell Survey, in the north
line of J. N. Reed Survey, Abstract No. 1362.
Thence north 89 degrees-17 minutes-04 seconds west, along a southerly line of said
Parcel 2 and the common line of said Boswell Survey and said Reed Survey, 1792-
62/100 feet to a3/4" iron rod recovered at the northwest comer of said Reed Survey and a
re-entrant comer of said Boswell Survey.
Thence south 00 degrees-10 minutes-52 seconds west, along the common line of said
Boswell Survey and said Reed Survey 209-38/100 feet to a 7/8" iron rod recovered for
the northeast comer of a 1-67/100 acres tract described in the deed to Texas Electric
Service Company, recorded in Volume 9907, page 722 of the said Deed Records.
14
Thence north 77 degrees-27 minutes-36 seconds west, along the north line of said 1-
67/100 acres tract, 1811-41/100 feet to a 7/8" iron rod found for the northwest corner of
said 1-67/100 acres tract and the southwest corner of said Parcel 2 and the west line of
said Boswell Survey and an east line of said A.C.H.&B. Survey.
Thence north 00- degrees- 12 minutes-15 seconds east, along the said west line of said
Parcel 2 and the common north-south line of said Boswell Survey and said A.C.H.&B.
Survey, 2443-69/100 feet to the place of beginning containing 215-901/100 acres.
15
EXHIBIT "F"
FORM OF DISTRICT MANAGEMENT CONTRACT
CONTRACT NO.
CONTRACT FOR IMPROVEMENT AND/OR SERVICES
IN THE CHAPEL HILL PUBLIC IMPROVEMENT DISTRICT
STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, on 200_, the City Council of the City of Fort
Worth, Texas, adopted Resolution No. which established a public improvement district
under Chapter 372, Local Government Code, which district is known as the Chapel Hill Public
Improvement District (the "District"); and
WHEREAS, the City of Fort Worth (the "City") is authorized to utilize the District to undertake
improvements and/or services that confer special benefits on the part of the City within the
District; and
WHEREAS, on 200 the City Council adopted Ordinance
No. levying special assessments on property in the District, based on the special services
to be conferred by the improvements and/or services, to pay the cost of such improvements
and/or services; and
WHEREAS, the City now desires to enter into a contract for certain improvements
and/or services in the District which improvements and/or services shall consist of maintenance
of landscaping, fencing and irrigation systems as well as all other services stated in the approved
Service Plan and Budget for the District; and
WHEREAS, such improvements and/or services constitute a supplement to standard
City services and an added increment of service to provide other special benefits and services
which will enhance the vitality and quality of the District; and
WHEREAS, (the "Contractor") has agreed to assist the
City by providing, furnishing, or performing the aforesaid improvements and/or services; and
WHEREAS, the City and the Contractor mutually desire to enter a contract whereby;
for the consideration stated below, the Contractor will provide, furnish, or perform such
improvements and/or services as further detailed herein.
NOW, THEREFORE, for and in consideration of the mutual covenants,promises, and
agreements contained herein, the City, acting by and through , its
duly authorized City Manager, and the Contractor, acting by and through
its duly authorized President, do hereby covenant and agree as
follows:
16
I.
Engagement of Contractor
The City hereby engages the Contractor, and the Contractor hereby agrees to provide,
furnish, or perform the improvements and/or services to be provided in the District, as described
in this contract and all attachments hereto.
Scope of Services by Contractor
The overall scope and approach of the improvements and/or services to be provided, furnished,
or performed by the Contractor are more fully set forth in the approved Service Plan and Budget
on file in the office of the City Secretary of the City and which is incorporated herein by
reference for all purposes. Such improvements and/or services shall consist of the following:
(a) Oversee the bidding and awarding of contracts for the
maintenance and/or repair of landscaping, irrigation, trails,
lakes,park amenities, and fencing systems;
(b) Monitor work performed by subcontractors to ascertain that all
work is performed completely, professionally, and with the
appropriate level of quality and to make whatever changes are
necessary to achieve these objectives;
(c) Prepare annual revisions of the five-year Service Plan and
Budget to be approved by the City Council; and
(d) Maintain a full and accurate accounting of disbursements for
reimbursement from District revenues.
The Contractor shall commence, carry on, and provide such improvements and/or services with
all practicable dispatch, in a sound, economical, and efficient manner, in accordance with this
contract and its attachments and all applicable laws. In providing such improvements and/or
services, the Contractor shall take steps as are appropriate to insure that the work involved is
properly coordinated with related work being performed by the City.
The Contractor represents that it has, or will secure at its own expense, all materials, supplies,
machinery, equipment, accessories, and services necessary to provide such improvements and/or
services in accordance with all of the requirements of the Contractor's Plan of Service and
Budget. The Contractor's personnel shall not be employees of or considered under any
contractual relationship with the City. Unless otherwise specifically provided herein, all of the
improvements and/or services required hereunder will be performed by the Contractor or under
the Contractor's supervision, and all personnel engaged by the Contractor shall be fully qualified.
to perform such improvements and/or services.
The City's Duties and Responsibilities
A. The City shall provide the following services in connection with operation of the District
and the performance of this contract:
I. Levying and collecting assessments and recording the same in a separate revenue
account;
2. Making payments to the Contractor from special assessment revenues;
17
3. Maintaining the same level of services in the District as that which the City
provides in a comparable area of the City;
4. Maintaining complete and detailed records concerning any expenditures of
special assessment revenues that are made through City departments, boards, or
agencies;
5. Retaining and expending revenues from special assessments, penalties, interest,
and investment income thereon solely in the District;
6. Preparing an annual report of delinquent property assessments and liens thereon
to be filed in the County Clerk's office;
7. Making regular reports to the Contractor concerning delinquent assessments and
making billings thereon as necessary; and
8. Producing an annual assessment roll of property owners and property within the
District.
B. The City shall have no financial obligation to the District other than levying and
collecting. the assessments levied by the District, except as provided in Paragraph A.3
above, and paying for improvements and/or services that the Contractor performs in the
District, subject, however, to the provisions of Sections VI and VII hereof.
IV.
Amendments to Contract
This contract shall not be considered to be modified, altered, changed, or amended in any
respect unless the same is done in writing and is signed by both parties.
V.
Term
The initial term of this contract will be for a period of one (1) year, beginning October 1, 2005.
This contract may be extended for additional one-year terms beyond the initial term upon mutual
agreement of both parties. An extension shall be in the form of an amendment to the contract. The
compensation for contract extensions may be adjusted in accordance with the annual Service Plan
and Budget approved by the City Council. The agreement between both parties to exercise the
extension option must be completed at least thirty (30) days prior to the end of the current
contract term.
VI.
Payments to Contractor
A. The budget summary and forecast for the District is as follows:
Revenue Projections FY 05/06 FY 06/07 FY 07/08 FY 08/09 FY 09/10
�r ,
�. Assessment Revenues $36,575 $89,063 $159,600 $242,250 $364,800
City Reimbursement TBD TBD TBD TBD TBD
Developer Subsidy TBD TBD TBD TBD TBD
Total Revenues TBD TBD TBD TBD TBD
18
B. The City shall pay the Contractor 0o0r about February [ u[nlua[l«' when assessment
revenue is cO\|cctcd` for all appropriate cxpeooco incur-red by the Contractor upon
presentation by the Contractor, and review and approval bythe City, of documents
evidencing payments for District services; provided, however, such payments shall
not exceed assessments actually collected.
C. Periodically, but not more frequently than monthly, the Contractor shall present to the City
on invoice, a report of services rendered and documents evidencing ya}«nooto made for
District services, and the City sbuU pay the Contractor within fi8ceo (15) buyiocxo days for
District services within the limit ofassessments actually collected.
D. The Contractor abaU make u periodic work report, on less than quarterly, 0m the City
Manager or his designated representative. This nmd( report obol| detail all of the
Contractor's significant work uudvideo. The format of the report sbuii be mutually agreed
upon hy the Contractor and the City Manager. Payments to the Contractor may bewithheld
if the report ionot received. The City Manager, or his designated representative, shall have
the right to verify that the report 'Is complete and accurate.
E. The City and the Contractor acknowledge that the budget summary and forecast may be
anucodcd from bcoe'to-bnoe. As such amendments occur and are adopted by City Council
resolution, the ucoondnusots shall be incorporated herein by reference and abu|\ govern
payments made by the City io the Contractor.
viX'
Availability oyFunds
�
If funds from special uaSeoocoeotu are not available or are i000fficicot for the City to cnube the
payments due hereunder, the City will izuo/ediuie|y notify the Contractor ofsuch occurrence. In
the event of such an insufficiency, the City and the Contractor sbmU meet and attempt to
negotiate an amendment to this contract so that the scope of improvements and/or services to be
provided hy the Contractor may be reduced to correspond in the amount of available funds. If
such an amendment cannot be successfully negotiated, the Contractor shall have the right to pay
the deficit (on a non-reimbursable basis), in which case this uombuut xbul) continue. If such an
uroeodcoeot' ou000t he successfully negotiated and the Contractor does not elect to fund the
defioit, either party may tonmioute this contract upon thirty(30) days advance written notice.
Vi8X,
Discrimination bpContractor
A. The Contractor, io the execution, performance, or attempted performance of this contract,
will not discriminate against any person or persons because of sex, race, religion, color,
sexual orientation or outjouu\ origin, nor will the Contractorptooit its oUDoero` ugeo{o'
employees nr subcontractors 0m engage bn such discrimination.
B. This ooubuot is nom1e and eo1oo:d into with reference mpouificu|iy to the oojiou0000
codified at Chapter 17' Article IlI. Division 3 ("Employment Practices"), of the City Code
of the City of Fort Worth, and Contractor hereby covenants and agrees that the Contractor,
its officers, agents, employees and subcontractors, have fully complied with all provisions
of same and that oo employee or Petitioner for employment has been discriminated against
�
under the tenris of such ordinances by either the Contractor, its officers, agents, employees
or subcontractors.
}4
$PON, [X.
�
Disadvantaged Business Enterprise Policy
The City has adopted goals for the participation of roioodty/vvuroeo bumiocno enterprises
(M/WBO) in City contracts through Ordinance No. 11923. Compliance by the Contractor with
the terms of this ordinance and any amendments thereof is mandatory; failure by the Contractor
to 000zy|y with such policies abuU constitute u breach of this contract and shall he grounds for
termination by the City. Any subcontracts hobe performed hereunder shall also he subject Lo
provisions of the City policies concerning goals for&/VyBE participation io City contracts.
X.
Contractor Liability
The Contractor shall assume full liability for any damages to any public or private property which
is due to the negligence of Contractor, its subcontractors, agents, permitees or assigns.
Xl.
Personal Liability ofPublic Officials
No employee of the City, nor any other agent of the City, shall be personally responsible
for any liability of the Contractor under the terms of this contract.
'~.
City Not Liable for Delay
It is further expressly agreed that in no event shall the City be liable or responsible to the
Contractor or any other person for ocoo account ofany stoppage or delay in the work herein
provided for hy injunction nrothericQu) o,eguituble proceedings, nr from nrhyorou account nf
any delay for any cause over which the City has oocontrol.
X{11'
Indemnification
A. The Contractor covenants and agrees to, and does hereby, indemnify and hold harmless and
defend the City, its officers and employees, from and against any and all suits or claims for
dunougoa or injuries, including death, to any and all persons or property, vvbedze/ o:ul or
asserted, arising out of or in connection with any negligent act or negligent omission outhe '
part of the Contractor, its officers, agents, servants, employees or subcontractors, and the
Contractor does hereby assume all liability and responsibility for injuries, claims or oudu
for the damages to persons or property, of whatsoever kind or oburwotor, vvbndzer n:o] or
u000ded, occurring during or arising out of the yerfboouoce of this contract as a result of
any negligent uoL or negligent omission on the ymd of the Contractor, its officers, ugrotu`
servants, employees or subcontractors. Such indemnification shall include Workers'
Compensation claims of or by anyone whomsoever in any way resulting from or arising out
of the Contractor's work, services and Vyerudomu in connection berevvkb` including
operations o[subcontractors.
�- B. Contractor shall likewise iudeoinifv and hold harmless the City for any and all injury or
damage 0o City property udaioA out of or in connection with any and all negligent ocCm or
negligent omissions of Contractor, its officers, agents, coup|oyono' contractor,
20
subcontractors, licensees or invitees.
C. Insurance coverage specified herein constitutes the rnioioouno requirements and said �
requirements shall in no vvuy lessen or limit the liability mf the Contractor under the terms
of this uootruuC The Contractor abaU procure and maintain, at its own cost and expense,
any additional kinds and amounts o[insurance that, in its own judgment, may bonecessary
for proper protection io the prosecution of its work.
XIV.
Independent Contractor
It is expressly understood and agreed that Contractor abu!l perform all work and services
described herein as an independent contractor and not as an officer, agent, servant or employee
of the City; that Contractor shall have exclusive control oy the details of the services and work
performed hereunder, and all persons performing the auo*e; and nbuU he solely responsible for
the negligent uutn and negligent 000iami000 of its officers, ugemto, employees, ooubou1onz and
subcontractors; that the doctrine of respondent superior abul\ not apply as between City and
Contractor, its officers, agents, employees, contractors and subcontractors; and that nothing
herein abu)l be construed as creating a partnership or joint enterprise between City and
Contractor. No person performing any of the work and services deuodhod hereunder obu\l be
considered au officer, agent, servant or employee of the City.
J{v.
z000ruoc*
The Contractor uhuU not 000zm000c work under this contract until it has obtained all the
insurance required under the contract and such iomuosoco has been approved by the City.
Contractor shall he responsible for delivering tn the City the Contractor's uertifiuoteofinsurance
for approval. The City sbuU be endorsed as an additional insured in Cuo1zmotor'x ioxooaooe
policies. Contractor shall indicate on the certificate of insurance whether or not its insurance
covers subcontractors. It is the intention of the City that the iomornooe coverage required herein
shall include the coverage of all subcontractors
A. COMPENSATION INSURANCE: The (3ootructor mbuV ,uuiutuio during the life of this
contract, Workers' Compensation Insurance on all of its employees to be engaged in work
under this contract and for all subcontractors in accordance with the Workers
Compensation statute. In case any class of employees engaged io hazardous work under
this contract is not protected under the Workers' Cong/eouudoo statute, the Contractor
shall provide adequate employer's general liability insurance for the protection of such
employees not uo protected.
B. The Coobuo0nr ubaU _
procure and shall maintain,during the life of this contract acommercial general liability
insurance policy in an amount ofnot less than $1,000,000 covering each occurrence with
uo aggregate limit of$2,O00,O0O.
C. AUTOMOBILE INSURANCE - BODILY INJURY AND PROPERTY DAMAGE:
The Contractor shall procure and maintain, during the life of this contract, comprehensive
automobile liability in an amount not )oau than $1'000'000 for each mnoidcoL This policy
shall cover any automobile used io the course of this contract.
D. SCOPE OF INSURANCE: The foaucauoe required under the above paragraphs obu \
provide adequate protection for the Contractor and its subcontractors, respectively, against
damage c\uiooa vvbiub may arise from nyerudoua under this contract, vvbetbec such
operations be by the insured or by anyone directly or indirectly employed by the insured.
All insurance rnguiceonuoto made upon the Contractor shall apply to subcontractors should
^
the Contractor's insurance not cover the work operations of subcontractors.
I
F E. LOCAL AGENT FOR INSURANCE: The iusormoo company with whom the
Contractor's insurance in written shall be represented by an agent oragents having an office
located within the Fort VYodb-DaUuu nebnpolbuo area. Each such agent sbuU be duly
qualified, upon vvbonn service or process may be bad, and must have uuibodty and power to
act oo behalf ofthe insurance company tonegotiate and settle with the City, or any other
o|uinoant' any o)uiruo that the City` or any other o\ainuuoi, or any property ovvoor who has
been damaged may have against the Contractor or insurance company. The name of the
agent or agents shall be set forth on all certificates of insurance. Contractor shall keep the
required insurance in full force and effect utall times during the term o[this contract and
any reoovvu|n thereof. Contractor shall furnish to City a certificate of insurance on u form
hurnisbed and approved by the City, evidencing that Contractor has obtained the required
insurance coverage. All policies must provide that they may not be changed o/ canceled by
the insurer in )ous than five (5) days after the City had received v«dttoo notice of such change
or oaooc|\uboo. Such ioouru000 oonounix may be revised upward at City's request, and
Contractor shall revise such amounts within thirty (30) days after receipt nfsuch request.
XV%'
Laws tohuObserved
The Contractor at all doueo sbuU observe and comply with all federal and state }uvvs, local laws,
ordinances, orders and regulations of the federal, state, county mcity governments. The federal'
state and local laws, ordinances and regulations which affect those engaged or employed in the
work or equipment used in the work, or which in any way affects the conduct of the work, and
oo pleas of misunderstanding will bn considered Vu account ofignorance thereof.
~ JCVII.
Taxes
The Contractor shall pay all federal, state and )oou1 taxes which may he oburgoohlu against the
performance uf this work.
XVIII.
Permits
Before proceeding with the work hereunder, the Contractor shall obtain and pay for all necessary
permits and licenses, whether issued by the state,county or City, and furnish proof thereof,
XIX'
Character *f Workmen and Work
The Contractor and the Contractor's employees including subcontractors, shall be competent and
careful workmen skilled in their respective trades. The Contractor shall not employ any person
who repeatedly engages in misconduct or is i000rupeicot or negligent in the duo and proper
performance nf his duties. The City shall retain the right Lorequire the Contractor to remove any
employee who is guilty of misconduct toward the public or is in any vvuy discourteous to the
public. This work is being performed for the public benefit and it is necessary that it he
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performed ioan acceptable manner and otu satisfactory rate ofprogress.
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XX.
Equipment
The Contractor shall at all times maintain its equipment in a clean, serviceable condition. All
equipment shall be properly licensed and inspected and clearly marked with the Contractor's
name. The continued use of unserviceable and improper equipment shall be considered a breach
of contract.
XXI.
Assigning or Subletting the Contract
The Contractor shall not assign its rights and obligations under this contract. The Contractor
may, however, subject to all the provisions of this contract and with written approval of the City
Manager, enter into subcontracts. No subcontract shall under any circumstances relieve the
Contractor of its liability and obligations under the contract; all transactions will be made
through the Contractor. Such subcontractors will be recognized and dealt with only as workmen
and representatives of the Contractor. Any subcontracts shall be subject to the provisions of
Section IX hereof.
XXII.
Breach of Contract
All terms, conditions and specifications of the contract shall be considered material, and failure
to perform any part of the contract shall be considered breach of contract. Should the Contractor
fall to remedy and breach of contract within fourteen (14) days after written notification to the
Contractor of the violation, the City may, at its option and in addition to any other remedies
available to it under law, terminate the contract. This contract shall not be terminated, however,
if the Contractor has commenced to cure the breach within said fourteen (14) day period, and
thereafter pursues such cure with reasonable diligence and in good faith.
XXIII.
Contract Administration
The City Manager shall designate a representative to administer this contract. The City assigns
to the Contractor the responsibility to perform the administrative, supervisory and management
tasks for the District as set forth in this contract and the Budget and Plan of Service which are on
file in the office of the City Secretary. The Contractor shall be responsible for operation,
oversight and supervision of the landscaping, construction, maintenance and management
programs.
XXIV.
Information
The Contractor shall, at such time and in such form as City may require, furnish periodic
information concerning the status of the project and such other statements, certificates and
approvals relative to the project as may be requested by the City.
xxv.
Books and Records
The Contractor shall maintain complete and accurate records with respect to costs incurred under
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the contract. All such records shall he maintained onu genera|lv'accepted accounting basis and
shall be clearly identified and readily accessible. The Contractor shall provide representatives of
�
City or its appointees free access to such books and records, at all proper times, in order that
they may examine and audit the same and make copies thereof. The Contractor shall further
uUuvv the City and its representatives to make inspections of all work data, documents,
proceedings and activities related bothis contract. Such right m[access and audit shall 000douc
for u period of three (3) years from the date offiou] payment under this contract.
XXVX'
Performance Audit
City shall have the right to conduct aperformance audit and evaluation o[Contractor u1such
times as City deems omccamary. The Contractor shall fully cooperate with any such per5noouooe
audit. The City may employ c0000iLoutm at the City's expense to assist City in the audit. The
Contractor agrees tu give the City and its consultants access to all reports, data, schedules, etc,
which may be required to conduct said perboonuuocaudit.
XXVIL
Nob,xo
Any notices, bills, invoices or reports required by this contract shall be conclusively determined
to have been delivered three (3) business days after it is deposited in the United States mail, in a
sealed envelope with sotfioinoipostage attached, 10 the addresses listed below:
City mf Fort Worth
Attn: City Manager
1000 Throckmorton Street
Fort Worth,Texas 76102
XXV%II'
Headings Disregarded
The titles of the several xeoboou' subsections and pucugroybn set forth in this uoobuot are
inserted for convenience of reference only and shall hm disregarded in construing or interpreting
any Vf the provisions of this contract.
XXIX^
Venue and Jurisdiction
Should any action, v/betbor real or auxeded, at law or in equity, udm: out of the execution,
performance, attempted performance or nonperformance of this ovobuot, venue for said action
shall lie io Tarrant County, Texas. This contract and any action iu connection herewith shall bo
governed, construed and enforced hy the laws of the State ofTexas.
X __,
8cvcrandtty
�
In case any one or more of the provisions contained in this contract shall, for any reason, be held
to he invalid, iUo&ul or unenforceable in any respect, such invalidity, UloguUiy or
uoeoformeuhUity sbuU not affect any other provision of this contract v/bjcb contract abo0 he
24
construed as if such invalid, illegal or unenforceable provision had never been contained herein.
Xy_XI.
Non-Waiver
The failure of the City to insist upon the performance of any term or provision of this contract or
to exercise any waiver or right herein conferred shall not be construed as a waiver or
relinquishment to any extent of City's right to assert or rely upon any such term or right on any
future occasion.
XXXII.
Entirety of Agreement
This written instrument and all attachments incorporated herein by reference constitute the entire
agreement by the parties hereto concerning the work and services to be performed hereunder,
and any prior or contemporaneous oral or written agreements which purport to vary from the
terms hereof shall be void.
XXXIII.
Effective Date
This contract is made and entered as of 200 WITNESS the
following signature and seals this day of 1200
ATTEST: CITY OF FORT WORTH,TEXAS
By:
City Secretary City Manager
Date:
APPROVED AS TO FORM AND LEGALITY:
By:
Title:
City Attorney
Date:
25
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