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HomeMy WebLinkAbout065548 - Construction-Related - Contract - Catholic Diocese of Fort WorthCSC No. 65548 MUNICIPAL SERVICES AGREEMENT OFFICIAL RECORD BETWEEN THE CITY OF FORT WORTH, TEXAS CITY SECRETARY AND FT. WORTH, TX CATHOLIC DIOCESE OF FORT WORTH This Municipal Services Agreement ("Agreement") is entered into on 23rd day of June, 2026 by and between the City of Fort Worth, Texas, a home -rule municipality of the State of Texas, ("City") and CATHOLIC DIOCESE OF FORT WORTH ("Owner"). RFC1TAT,C 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 PARKER County, Texas, which consists of approximately 30.482 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-26-003 ("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 Owner -Initiated Annexation Service Agreement I of 9 municipal services" means all services provided by the City within its full -purpose boundaries, including water and wastewater services and excluding gas or electrical service. 3. MUNICIPAL SERVICES. a. Commencing on the Effective Date, the City will provide the municipal services set forth below. As used in this Agreement, "providing services" includes having services provided by any method or means by which the City may extend municipal services to any other area of the City, including the City's infrastructure extension policies and developer or property owner participation in accordance with applicable city ordinances, rules, regulations, and policies. i. Fire — The City's Fire Department will provide emergency and fire protection services 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. Emergency Medical Services - The City's Fire Department and MedStar (or other entity engaged by the City after the Effective Date) will provide emergency medical services. iv. Planning and Zoning — The City's 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 Owner -Initiated Annexation Service Agreement 2 of 9 using water -well and on -site sewer facilities on the Effective Date may continue to use the same. If a property owner desires to connect an existing structure to the City water and sewer system, then the owner may request a connection and receive up to 200 linear feet of water and sewer extension at the City's cost for each occupied lot or tract in accordance with the City's "Policy for the Installation of Community Facilities" and applicable law. Once connected to the City's water and sanitary sewer mains, the water and sanitary sewage service will be provided by the City at rates established by City ordinances for such service. x. Solid Waste Services — The City will provide solid waste collection services in accordance with existing City ordinances and policies, except where prohibited by law. xi. Code Compliance — The City's Code Department will provide education, enforcement, and abatement relating to code violations within the Property. xii. Full Municipal Services — Commencing on the Effective Date, the City will provide to the Property all services provided by the City within its full -purpose boundaries and not otherwise listed above, except as provided in Section 3(b). b. The City will provide water service and wastewater treatment service to developments established after the Effective Date in accordance with, and on the schedule determined by, the City's extension policies and applicable law and at rates established by City ordinances for such services. c. It is understood and agreed that the City is not required to provide a service that is not included in this Agreement. d. Owner understands and acknowledges that the City departments listed above may change names or be re -organized by the City Manager. Any reference to a specific department also includes any subsequent City department that will provide the same or similar services. 4. SERVICE LEVEL. The City will provide the Property with a level of services, infrastructure, and infrastructure maintenance that is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those reasonably contemplated or projected for the Property. 5. AUTHORITY. City and Owner represent that they have full power, authority and legal right to execute, deliver and perform their obligations pursuant to this Agreement. Owner acknowledges that approval of the Annexation Case is within the sole jurisdiction of the City Council. Nothing in this Agreement guarantees favorable decisions by the City Council. 6. SEVERABILITY. If any part, term, or provision of this Agreement is held by the courts to be illegal, invalid, or otherwise unenforceable, such illegality, invalidity, or unenforceability will not affect the validity of any other part, term or provision, and the rights of the parties will be construed as if the part, term, or provision was never part of the Agreement. 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 Owner -Initiated Annexation Service Agreement 3 of 9 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 parry 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 parry's right to insist upon appropriate performance or to assert any such right on any future occasion. 10. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 11. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 12. CAPTIONS. The captions to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 13. AGREEMENT BINDS AND BENEFITS SUCCESSORS AND RUNS WITH THE LAND. This Agreement is binding on and inures to the benefit of the parties, their successors, and assigns. The term of this Agreement constitutes covenants running with the land comprising the Property, is binding on the Owner and the City, and is enforceable by any current or future owner of any portion of the Property. 14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties and supersedes all prior oral and written agreements between said parties. This Agreement shall not be amended unless executed in writing by both parties. Executed as of the day and year first above written to be effective on the effective date of annexation of the Property. Owner -Initiated Annexation Service Agreement 4 of 9 CITY OF FORT WORTH By: Cw Name: Jesica L. McEachern Title: Assistant Cily Manager Approved as to Form and Legality: I"/L2YLIl�L KG�teb By: Name: Melinda Ramos Title: Deputy City Attorney Approval: M&C: 26-0551 Ordinance No. 26-28620 4p4uvnngn p4 EORT�a�P 0o per° g�1d0 Attest: °o °'0 oo m� o V aab ocooco a By Name: Jannette S. Goodall Title: City Secretary ByStephen Jul 14. 2026 09:16:28 CDT) Name: Stephen Murray Title: Contract Compliance Manager 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 15th day of JU1Y , 2026, by Jesica L. McEachern, Assistant City Manager of the City of Fort Worth, a Texas municipal corporation, on behalf of said corporation. By: Ti l Baori�(JuI&a2026 coii .43:53 CDT) Notary Public, State of Texas ♦�YPV TIFFANY BACON a Notary Public * A * STATE OF TEXAS GV i Notary I.D. 128261860 9�OF M Comm. Exp. Jan. 20, 2027 Owner -Initiated Annexation Service Agreement 6 of 9 CATHOLIC DIOCESE OF FORT WORTH Nan Bishop of the Catholic Diocese of Fort Worth Title: CFO/COO State of Texas § County of Tarrant § This instrument was acknowledged before me on the 114"day of , 2026, by �OA "02& on behalf of said eftoa `,Vl dusc ok wogh ByV] A Y1 �piffi A .4 Notary Public, State of Texas 'OAFOF11; � 07-27-201 Owner -Initiated Annexation Service Agreement 7 of L END 11 = EX PROPERTY LINE a �I = EX EASEMENT LINE EX APPROAMATE - ABSTRACT/SURVEY LINE ---- = PROP. LOT LINE = EX FLOOD PLAIN LIMIT LINE , — r P.O.B. = POINT OF REONNINO f r' IR = IRON ROD D.R.P.11'. = DEED RECORDS PARKER f I COUNTY MCAS D.R.P.C.T. = DEED RECORDS PARKER COUNTY TEKAS 1/2" IR GRAPHIC SCALE BENT 0 100 ( TN FEET 1 `, 1 inch = 200 IL - I W..= I ® I 11 TABLE A PREA RT AC sw RflW-pN� 8E %.,fl' YPP'.GT ]i RB 96 -w 211 CC TT TRCOEFMMTANELTREpREYR TTRRKdCTT 1 314 39TKi6 1 6OC. TG5pO'L+C]L1.Y Q4PPT❑C.RRPP p.RP.CT DAStIr TF EXHIBIT A APPROX. SFHA ZONE A�, PIN �..� .�..Y3..._..� N 393.'6fi 'YPC TNP'.r" -��` ,�'/93 754807 4 J 269.21' / fil80BIrY70l mm LW r r PIN r "YPC TNP" _I I CEMETERY I 8.894 ACRES 1/2" IR 387,430 SF DOC. NO. 202533872 D.R. P.C,T - _ N88'37'397E 899,97' REMAINDER 21.588 ACRES 940,557 SF DOC. NO. 202533872 N 90.482 ACRES bad, I CATHOLIC DIOCESE OF FORT WORTH d a I{ ESMT N 50' CROSSTEX NOL PIPELINE <N O FO 157;� �.rt P.CT. � ' 4, v 6"U1 �� 50' X 50' ADDITIONAL TEMP WORK SPACE ESMT GYv • JCL 2-51 F,'_ J..3'9 JEREM UK ❑ €; F c PERMANENT WATERLINE EASEMENT a, c 5696 i INST. 11J 5(T �1T43 rnZ� A� I PERMANENT SLOPE EASEMENT i S _ 5/8" IR .r,C-T. 5/8" IR — — �inlmerwri rw�si la - _a THIS MAP REPRESENTS AN ACTUAL ON THE GROUND SURVEY PREPARED N�8'25'42"W — 58B3739W 584,01' IN CONFORMANCE WITH 22 TAC 883.21 21 22' - - CALLED 0.916 AC AS DESCRIBED BY THE TEXAS BOARD Al NAIL PUBLIC ACCESS & UTILITY OF PROFESSIONAL LAND SURVEYING IN EASEMENT PUBLIC RIGHT 9F--WAY GENERAL RULES OF PROCEDURES AND 5/8"IR "SPOONER" SHINER DEDICATION PRACTICES "SPIER" II1 hl O. -52R1F ?5'i41h 1/2- IR OLD WEATHEFFCM ROADL PROPERTY EXHIBIT MAP ar ;'Manhd,. HOLY REDEEMER BEING 30.4EPARKERR COUNTY TEXAS C O N S U L T I N G PROD MGR.: JED SHEET 505 Pecan Slreet, Suite 201, Fart Worth, TX 76102 ph:817.865.1530 manhard.— DRAWN BV. CFC C viI Engineers I su cve yers I water lceseurce Engineersai I Wate, & Waite Water Engin DAT 03/23/26 Consi,uct— Managers I I L—d—pe Archilects I Planners Texas Boe,d of Professional Engineers & Land Surveyors Reg- Na, F-10194754 (Sure), F-22053 CEng) SCALE: 1'r = 200' 616.308001 I'.;h 1, f,I2_- CONS- i:IGII S RL=;-:V_G Owner -Initiated Annexation Service Agreement 8 oI9 EXHIBIT A Continued 1 ATWELL Property Description Being a 30.482 acre tract of land situated in the G. Tandy Survey, Abstract No. 2356, the J.D. Kyle Survey, Abstract No. 792, and the C. Jackson Survey, Abstract No. 754, Parker County, Texas, and being a portion of the 31.40 acre tract of land described in General Warranty Deed to Kevin W. Van, J.C.D., D.D., Bishop of the Catholic Diocese of Fort Worth, recorded in Volume 2459, Page 1357, Deed Records, Parker County, Texas and being more particularly described by metes and bounds as follows: Commencing from an 1/2 inch iron rod located at the southeast corner of said 31.40 acre tract and the same being the southwest corner of Lot 1, Block 1 Aledo Middle School No. 2 Addition, Cabinet E, Page 703, Deed Records, Parker County, Texas; Thence North 1 degrees 13 minutes 15 seconds West, 47.03 feet to the Point of Beginning; Thence South 88 degrees 37 minutes 39 seconds West, 884.91 feet along the northern right-of-way line of Old Weatherford Road described in Public Right -of -Way, Dedication, recorded in Instrument No. IN 202232416, Deed Records, Parker County, Texas; Thence North 46 degrees 25 minutes 42 seconds West, 21.22 feet with said northern right- of-way; Thence North 1 degrees 13 minutes 15 seconds West, 1346.19 feet with the west line of said 31.40 acre tract to a point in the approximate center of a creek; Thence along the north line of said 31.40 acre tract and with the approximate center of said creek the following three (3) calls: 1. North 59 degrees 48 minutes 53 seconds East, 310.62 feet; 2. South 79 degrees 52 minutes 34 seconds East, 269.21 feet; 3. North 75 degrees 48 minutes 02 seconds East, 373.80 feet; Thence South 1 degrees 13 minutes 15 seconds East, 1540.22 feet departing from said creek and with the west line of said Lot 1, Block 1 Aledo Middle School No. 2,Addition to the Point of Beginning and containing 1,327,787 square feet or 30.482 acres of land, more or less. Fort Worth, Texas www.atwell.com Owner -Initiated Annexation Service Agreement 9 of 9 F©RT W©RTH. 111 OR AND COUNCIL COM NICATION 11.2 OWNER -INITIATED ANNEXATION OF HOLY REDEEMER CATHOLIC PARISH (AX-26- 003) DATE: 06/23/26 M&C FILE NUMBER: M&C 26-0551 DEPARTMENT: DEVELOPMENT SERVICES SUBJECT (Future CD 3) Conduct a Public Hearing, Authorize Execution of a Municipal Services Agreement and Consider Adopting an Ordinance for the Proposed Owner -Initiated Annexation of Approximately 30.482 Acres of Land and Approximately 0.908 Acres of Right- of-way, in Parker County, Known as Holy Redeemer Catholic Parish, Located East of Farmer Road and North of Old Weatherford Road, in the Far West Planning Sector, AX-26-003 (PUBLIC HEARING - a. Staff Available for Questions: Stephen Murray; b. Public Comment; c. Council Action: Close Public Hearing and Act on M&C) RECOM NDATION It is recommended that the City Council: 1. Conduct a public hearing for the proposed owner -initiated annexation of approximately 30.482 acres of land and approximately 0.916 acres of right-of-way, in Parker County, known as Holy Redeemer Catholic Parish, located east of Farmer Road and north of Old Weatherford Road, as shown on Exhibit A; 2. Authorize execution of a municipal services agreement between the City of Fort Worth and property owner, the Catholic Diocese of Fort Worth; and 3. Adopt an ordinance annexing AX-26-003 for full purposes. DISCUSSION The purpose of this Mayor and Council Communication (MSC) is to conduct a public hearing for the proposed owner -initiated annexation of approximately 30.482 acres of land and approximately 0.916 acres of right-of-way, in Parker County, known as Holy Redeemer Catholic Parish, located east of Farmer Road and north of Old Weatherford Road, as shown on Exhibit A, to authorize the execution of a Municipal Services Agreement between the City of Fort Worth and the property owner, the Catholic Diocese of Fort Worth and to adopt an ordinance annexing AX-26-003 for full purposes. On March 3, 2026, representatives for the property owner, Catholic Diocese of Fort Worth, submitted a request for full -purpose annexation of the property shown on Exhibit A into the 1of4 F©RT W©RTH. City of Fort Worth (City). The subject property is located entirely in that portion of the City's extraterritorial jurisdiction which is in Parker County. The site is located east of Farmer Road and north of Old Weatherford Road. The owner -initiated annexation, which is approximately 30.482 acres of land and approximately 0.916 acres of right-of-way, is consistent with the urban development annexation criteria as established by the City's Annexation Policy. The subject area is currently the site of a church and vacant land. The property owner proposes the land continue to be used as a church. The future land use map in the 2023 Comprehensive Plan designates the property as "Single -Family Residential". 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 April 30, 2026, the City Plan Commission voted in favor of a recommendation of approval to City Council for the Holy Redeemer Catholic Parish Annexation application (AX-26-003), which is inconsistent with the adopted Comprehensive Plan. On May 13, 2026, the related zoning case (ZC-26-044) was heard by the Zoning Commission, and the commission voted to recommend approval of the zoning request. The requested zoning designation is for "CF" Community Facilities (CF). The zoning case for the property is on the June 23, 2026, City Council agenda for consideration. The site is not currently in the City's Certificate of Convenience and Necessity (CCN) nor is it in another Utility CCN. This site is 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 the 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. 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. The City will also provide operation and maintenance of water and wastewater facilities; roads and streets, including 2 of 4 F©RT W©RTH. road and street lighting; and of any other publicly owned facility, building, or service in the annexed area. The proposed uses were considered while assessing the financial impact on the General Fund. Annual impacts on the General Fund are expected to be negative for the proposed annexation of the existing church property, based on the information provided by departments and the developer. The Holy Redeemer Catholic Parish church property is surrounded on three sides by previously annexed areas of the City of Fort Worth. The church property abuts CF-zoned Aledo Independent School District (ISD) properties on the north and east that house an elementary school and a middle school within the Fort Worth city limits. The side of the church property that does not abut the city limits instead abuts the Morningstar Municipal Utility District, for which a Strategic Partnership Agreement is in effect that grants the City the authority to annex the Morningstar property. These circumstances create a condition of the church property that approximates an enclave. Based on this condition, the City and its citizens would benefit from a logical city limit boundary that provides for the orderly and efficient provision of services in the area. Due to the area meeting the City's annexation criteria through this approximate enclave condition, staff recommends approval of the requested owner -initiated annexation, AX-26-003. Section 43.0673 in Subchapter C-3 of Chapter 43 of the Texas Local Government Code (LGC), requires a municipality that elects to annex an area upon the request of an owner to provide notice of public hearings on the proposed annexation. Notice was posted on the City of Fort Worth Annexation webpage on Friday, May 22, 2026, and was published in the Fort Worth Star -Telegram on Friday, June 12, 2026. Additional notices were sent by certified mail to public entities to include Parker County and Tarrant County Appraisal Districts, Parker County Emergency Services District No. 1, Parker County Judge, Aledo ISD and public utilities. The City Council will conduct a public hearing on the proposed annexation. The public hearing provides persons interested in the annexation the opportunity to be heard. After the City Council has conducted the one required public hearing, the Council may close the hearing and vote on authorizing the City Manager to execute the Municipal Services Agreement between the City and property owner and to adopt an ordinance annexing this property. Upon approval of the annexation request, the property will become part of COUNCIL DISTRICT 3. This contract requires a Form 1295. FISCAL INFORMATION/CERTIFICATION The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached ordinance, the annexation with have a long-term negative impact on the General Fund. 3of4 F©RT W©RTH. SUBMITTED FOR CITY MANAGER'S OFFICE BY: ORIGINATING BUSINESS UNIT HEAD: ADDITIONAL INFORMATION CONTACT: Jesica L. McEachern, # 5804 D. J. Harrell, # 8032 Stephen Murray, # 6226 Leo Valencia, # 2497 ATTACHMENTS 1. Map - AX-26-003 (Holy Redeemer Catholic Parish) [11.2.1 - 1 page] 2. Ordinance AX-26-003 (Holy Redeemer Catholic Parish) [11.2.2 - 8 pages] 3. Municipal Services Agreement AX-26-003 (Holy Redeemer Catholic Parish) [11.2.4 - 9 pages] 4. Fiscal Impact Analysis AX-26-003 (Holy Redeemer Catholic Parish) [11.2.5 - 6 pages] 5. CONFIDENTIAL REDACTED - FORM 1295 [11.2.6 - 1 page] 4of4 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: CATHOLIC DIOCESE OF FORT WORTH Subject of the Agreement: Municipal Services Agreement for AX-26-003 - Holy Redeemer Catholic Parish M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes 0 No ❑ If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes 0 No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. AX-26-003 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department. 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