HomeMy WebLinkAboutContract 36199-A1 CITY SECRETARY � ��p
CONTRACT NO.3 —A I
FIRST AMENDMENT TO
AGREEMENT CONCERNING CREATION AND OPERATION
OF MORNINGSTAR RANCH MUNICIPAL UTILITY DISTRICT NO. 2
OF PARKER COUNTY
THIS FIRST AMENDMENT TO AGREEMENT CONCERNING CREATION AND
OPERATION OF MORNINGSTAR RANCH MUNICIPAL UTILITY DISTRICT NO. 2 OF
PARKER COUNTY (this "Amendment") is made and entered into as of the 30th day of March,
2017, by and between the CITY OF FORT WORTH, TEXAS, a home-rule municipal
corporation situated in Tarrant, Denton, Johnson; Parker and Wise Counties, Texas, (the "City"),
acting by and through its duly authorized Assistant City Manager, and MORNINGSTAR
RANCH MUNICIPAL UTILITY DISTRICT NO. 2 OF PARKER COUNTY (the "District"), a
political subdivision of the State of Texas, operating under the provisions of Article XVI, Section
59 of the Texas Constitution and Chapters 49 and 54, Texas Water Code, as amended.
RECITALS:
A. City and WYA The Ranch at Ranch at Mary's Creek, Ltd., a previous property
owner, entered into that certain Agreement Concerning Creation and Operation of Morningstar
Ranch Municipal Utility District No. 2 of Parker County dated effective January 27, 2008 (the
"Original Agreement").
B. The creation of the District was approved by order of the Texas Commission on
Environmental Quality dated July 17, 2009.
C. An election confirming creation of the District was conducted on November 3,
2009, the results of which were canvassed by the District's Board of Directors on November I I,
2009.
D. The District executed the Original Agreement effective February 22, 2011.
E. FG Aledo Development, LLC and FWFW Holdings, Inc. (collectively, the
"Owner") subsequently acquired the Property (as defined in the Original Agreement).
F. Owner and the City entered into that certain Restatement of and Amendment to
CSC No. 36202 Development Agreement Between the City of Fort Worth, Texas and FWFW
Holdings, Inc. and FG Aledo Development, LLC for Morningstar dated effective August 21,
2015 (the "Amended Development Agreement").
G. Owner is developing the Property in accordance with the Amended Development
Agreement.
H. By Order dated March 30, 2017, the District's Board of Directors approved the-
exclusion of certain land from the District and redefined the boundaries of the Di ict. w
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I. The City and the District desire to amend the Original Agreement to provide for
consistency with the Amended Development Agreement, to reflect the new boundaries of the
District, and to clarify the responsibilities of the District.
NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and
conditions hereinafter set forth, the Parties contract and agree as follows:
AGREEMENT:
1. The following definitions in Article II of the Original Agreement are amended and
restated to read as follows:
"Development Agreement" means the Restatement of and Amendment to CSC No.
36202 Development Agreement Between the City of Fort Worth, Texas and FWFW
Holdings, Inc. and FG Aledo Development, LLC for Morningstar dated effective August
21, 2015.
"Property" means that certain 180.020-acre tract located in Parker County, Texas as
shown on Exhibit A and described in Exhibit B.
"Utility Agreement" means the Amended and Restated Utility Agreement for
Morningstar Ranch between the City, the District, Morningstar Ranch Municipal Utility
District No. 1 of Parker County, and Owner dated effective August 21, 2015 (City
Secretary Contract No. 36202-A2).
2. Section 5.04 of the Original Agreement is amended and restated to read as follows:
5.04 Bond Limit Amount. In consideration for the City's consent to the issuance of
bonds for road projects pursuant to Section 5.02(a)(iv), the District agrees that the total
amount of Bonds issued by the District for all purposes (excluding refunding Bonds)
shall not exceed $30,000,000, less the amount of funds expended by the District pursuant
to Sections 4.03(a), (b) and (c) of the Strategic Partnership Agreement for any of the
authorized purposes listed in Section 5.02 (the "Bond Limit Amount")unless specifically
approved by the City Council. Owner and the District acknowledge that the Bond Limit
Amount is sufficient to accomplish the purposes of the District and that Owner and the
District have voluntarily agreed to the Bond Limit Amount in consideration for the City's
consent to the issuance of bonds for roads. District facilities, if any, the cost of which
exceeds the Bond Limit Amount will be dedicated to the District without reimbursement
unless otherwise approved by the City Council,
3. Section 5.05, Subsection (e)of the Original Agreement is amended and restated to read as
follows:
(e) No Bonds shall be issued having an issuance date after August 21, 2035 without the
City's written approval; and
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4. Section 5.08 of the Original Agreement is amended and restated to read as follows:
5.08 Notice of Bond Issues. At least thirty (30) days before submission of an application
for approval of issuance of Bonds to the TCEQ ("Bond Application") or the Attorney
General, whichever occurs first, the District shall deliver to the City Secretary, City
Manager, and Finance Director the certification required by Section 5.07 and Notice
containing: (a)the amount of Bonds being proposed for issuance; (b) a description of the
projects to be funded and/or the Bonds to be refunded by such Bonds; and (c) the
proposed debt service and District tax rate after issuance of the Bonds. If the District is
not required to obtain TCEQ approval of the issuance of the Bonds, the District shall
deliver such certification and Notice to the City Secretary, City Manager, and Finance
Director at least sixty (60) days prior to issuance of Bonds, except refunding Bonds, by
the District. Upon request by the City, the District shall provide a copy of the Bond
Application or the submission to the Attorney General.
5. Section 5.12, Subsection (b), of the Original Agreement is amended and restated to read
as follows:
(b) All agreements entered into by the District with landowners or developers for
reimbursement of costs incurred in connection with the District shall provide that: (i) the
District will not reimburse the landowner or developer for costs not evidenced by Bonds
issued by August 21, 2035 without the City's written consent; and (ii) the landowner or
developer waives all claims against the City for reimbursement of obligations not
evidenced by Bonds issued by August 21, 2035.
6. Section 5.14 is added:
5.14 District Tax Rate. Beginning with the first year in which the District levies an ad
valorem tax and each year thereafter, the District shall levy a total ad valorem tax rate
(including its debt service tax rate and maintenance and operation tax rate) of no less than
$1.00 per $100 valuation. Monies collected through such tax shall be used to pay the
debt service on the District's outstanding bonds, operating costs of the District, any other
legally allowable costs of the District, and to establish a fund to assist the City in
absorbing the costs of the District when it annexes all the land in the District and
dissolves the District.
7. Section 6.09 of the Original Agreement is amended and restated to read as follows:
6.09 Operation and Maintenance of Infrastructure. The District shall cause all
infrastructure to be operated and maintained in accordance with the Utility Agreement,
except for water and wastewater infrastructure dedicated to the City pursuant to Section
6.07 and Section 6.08, which shall be operated and maintained by the City in accordance
with the Utility Agreement. Prior to December 31 of each year, the District shall submit
a report to the City's Engineering Department summarizing (i) any repairs or
maintenance done by the District to its infrastructure during the preceding twelve (12)
months, and (ii) any repairs or maintenance recommended by the District's consulting
engineer to be made to the District's infrastructure during the next twelve months.
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8. Section 10.05 of the Original Agreement is amended and restated to read as follows:
10.05 Full Purpose Annexation. The City will not annex the Property for full purposes
any earlier than the first to occur of: (a) the dissolution of the District (other than as a
result of annexation by the City); or(b)by August 21, 2035.
9. Exhibit A, Exhibit B, and Exhibit C to the Original Agreement are replaced by
Exhibit A, Exhibit B, and Exhibit C hereto.
10. The "Recitals" set forth in this Amendment are true and correct and form the basis upon
which the parties have entered into this Amendment and are incorporated as part of this
Amendment for all purposes.
11. The Original Agreement, as amended by this Amendment, remains in full force and
effect.
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IN WITNESS WH arties have executed this Amendment as of the date and
year first written above. gyF F� r�
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ATTEST: 2 ITY OF FORT WORTH
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Mary Ka r/C�y S cretary Fernando Costa,Assistant City Manager
Date: 9L;Z 7//7
APPROVED AS TO FORM AND
LEGALITY:
Assistant City Attorney
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
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4818-0279-634 LQ
MORNINGSTAR RANCH MUNICIPAL
UTILITY DISTRICT NO.2 OF PARKER
COUNTY
ATTEST:
Secre7,B&rd of Dir tors reside d of Directors
Date: 72
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�MILLER
PROPOSED MORNINGSTAR Surveying, Inc.
MUNICIPAL DISTRICT 1
Commercial - Residential • Municipal
AND MUNICIPAL DISTRICT 2 430 Mid Cities Blvd. 817-577-1052
Hurst,Texas 76054 TxLSF No.10100400
MillerSurvey.net
Scale 1" = 1000' March 13,2017
EXHIBIT
2017 MUD 2-180.020 ACRES
Being a tract of land out of the M.S.Teter Survey, Abstract No. 2070 and the J. D. Morris, Survey,
Abstract No. 927, Parker County,Texas, said tract being the same tract of land described as
"Morningstar Farms Municipal Utility District No. 2 North" per City of Fort Worth Resolution 3561-12-
2007 and surveyed by Miller Surveying, Inc.of Hurst,Texas in March of 2017, and being more
particularly described by metes and bounds as follows:
Beginning at a TxDOT Monument found for the northwest corner of said MorningStar Farms Municipal
Utility District No. 2 North tract, said monument being in the easterly right-of-way line of Farmer Road;
Thence South 89 degrees 46 minutes 48 seconds East a distance of 2434.10 feet;
Thence South 01 degrees 11 minutes 55 seconds East a distance of 247.34 feet;
Thence North 89 degrees 26 minutes 50 seconds East a distance of 4213.59 feet;
Thence South 00 degrees 09 minutes 21 seconds East a distance of 352.75 feet;
Thence South 89 degrees 28 minutes 46 seconds West a distance of 121.29 feet;
Thence South 38 degrees 21 minutes 24 seconds West a distance of 65.14 feet to the beginning of a
curve to the left with a radius of 50.00 feet and whose chord bears South 80 degrees 39 minutes 21
seconds West at 41.92 feet;
Thence with said curve along an arc length of 43.26 feet to the end of said curve;
Thence South 89 degrees 04 minutes 45 seconds West a distance of 73.55 feet;
Thence South 00 degrees 31 minutes 15 seconds East a distance of 750.02 feet;
Thence South 89 degrees 04 minutes 45 seconds West a distance of 541.14 feet;
Thence North 00 degrees 31 minutes 15 seconds West a distance of 19.64 feet;
Thence South 89 degrees 28 minutes 45 seconds West a distance of 170.00 feet;
Thence South 00 degrees 31 minutes 15 seconds East a distance of 340.00 feet;
Thence South 89 degrees 28 minutes 45 seconds West a distance of 120.00 feet;
Thence North 81 degrees 34 minutes 52 seconds West a distance of 51.32 feet;
Thence South 89 degrees 04 minutes 45 seconds West a distance of 119.30 feet;
Thence North 00 degrees 31 minutes 15 seconds West a distance of 264.84 feet;
Thence North 63 degrees 36 minutes 20 seconds West a distance of 143.02 feet;
Thence North 71 degrees 47 minutes 09 seconds West a distance of 117.86 feet;
Thence South 47 degrees 58 minutes 48 seconds West a distance of 90.00 feet;
Thence South 39 degrees 43 minutes 20 seconds West a distance of 80.41 feet;
Thence North 68 degrees 42 minutes 50 seconds West a distance of 123.38 feet;
Thence North 50 degrees 59 minutes 11 seconds West a distance of 51.97 feet;
Thence North 65 degrees 05 minutes 07 seconds West a distance of 139.53 feet;
Thence North 20 degrees 19 minutes 04 seconds East a distance of 25.00 feet;
Thence North 25 degrees 53 minutes 59 seconds West a distance of 111.32 feet;
Thence North 13 degrees 10 minutes 21 seconds East a distance of 146.01 feet to the beginning of a
curve to the right with a radius of 50.00 feet and whose chord bears North 10 degrees 02 minutes 35
seconds West at 23.12 feet;
Thence with said curve along an arc length of 23.33 feet to the beginning of a curve to the left with a
radius of 50.00 feet and whose chord bears North 17 degrees 22 minutes 51 seconds West at 35.35
feet;
Thence with said curve along an arc length of 36.14 feet to the end of said curve;
Thence North 38 degrees 05 minutes 08 seconds West a distance of 129.89 feet;
Thence South 89 degrees 28 minutes 45 seconds West a distance of 180.71 feet;
Thence North 79 degrees 12 minutes 39 seconds West a distance of 152.97 feet;
Thence North 63 degrees 57 minutes 30 seconds West a distance of 55.90 feet;
Thence South 89 degrees 28 minutes 45 seconds West a distance of 820.00 feet;
Thence North 00 degrees 31 minutes 15 seconds West a distance of 170.00 feet;
Thence South 89 degrees 28 minutes 45 seconds West a distance of 750.00 feet;
Thence South 00 degrees 31 minutes 15 seconds East a distance of 545.00 feet;
Thence South 06 degrees 46 minutes 35 seconds West a distance of 60,49 feet;
Thence South 14 degrees 05 minutes 48 seconds West a distance of 225.51 feet;
Thence South 40 degrees 10 minutes 57 seconds West a distance of 204.56 feet;
Thence South 49 degrees 24 minutes 19 seconds East a distance of 181.67 feet;
Thence South 40 degrees 35 minutes 41 seconds West a distance of 136.88 feet to the beginning of a
curve to the right with a radius of 50.00 feet and whose chord bears South 52 degrees 58 minutes 16
seconds West at 80.76 feet;
Thence with said curve along an arc length of 94.01 feet to the end of said curve;
Thence South 40 degrees 35 minutes 41 seconds West a distance of 112.29 feet;
Thence North 43 degrees 56 minutes 12 seconds West a distance of 90.41 feet;
Thence North 33 degrees 21 minutes 43 seconds West a distance of 139.36 feet;
Thence North 59 degrees 55 minutes 03 seconds West a distance of 173.98 feet;
Thence North 68 degrees 16 minutes 26 seconds West a distance of 330.00 feet;
Thence South 21 degrees 43 minutes 34 seconds West a distance of 97.79 feet to the beginning of a
curve to the right with a radius of 50.00 feet and whose chord bears South 76 degrees 38 minutes 28
seconds West at 90.83 feet;
Thence with said curve along an arc length of 113.92 feet to the end of said curve;
Thence North 68 degrees 16 minutes 26 seconds West a distance of 301.10 feet;
Thence South 21 degrees 43 minutes 34 seconds West a distance of 105.02 feet;
Thence North 70 degrees 57 minutes 26 seconds West a distance of 42.95 feet;
Thence North 77 degrees 35 minutes 25 seconds West a distance of 42.67 feet;
Thence North 84 degrees 12 minutes 06 seconds West a distance of 42.67 feet;
Thence South 89 degrees 07 minutes 20 seconds West a distance of 133.71 feet;
Thence South 76 degrees 11 minutes 14 seconds West a distance of 46.11 feet;
Thence South 88 degrees 57 minutes 54 seconds West a distance of 135.00 feet;
Thence South 89 degrees 18 minutes 45 seconds West a distance of 154.99 feet;
Thence South 89 degrees 18 minutes 45 seconds West a distance of 700.82 feet to said easterly right-of-
way line and the beginning of a curve to the right with a radius of 1849.86 feet and whose chord bears
North 08 degrees 26 minutes 37 seconds West at 482.19 feet;
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Thence with said easterly right-of-way line and with said curve along an arc length of 483.56 feet to the
end of said curve;
Thence North 00 degrees 57 minutes 45 seconds West continuing with said easterly right-of-way line a
distance of 522.67 feet;
Thence North 00 degrees 57 minutes 45 seconds West continuing with said easterly right-of-way line a
distance of 274.18 feet to the beginning of a curve to the right with a radius of 7579.44 feet and whose
chord bears North 00 degrees 48 minutes 44 seconds East at 461.56 feet;
Thence continuing with said easterly right-of-way line and with said curve along an arc length of 461.63
feet to the point of beginning and containing 180.020 acres of land, more or less;