HomeMy WebLinkAboutContract 36201 �' d�=^9ETAF;If
RAFT :C11'I RACT NO.I-,-
STRATEGIC PARTNERSHIP AGREEMENT BETWEEN
THE CITY OF FORT WORTH, TEXAS AND
MORNINGSTAR RANCH MUNICIPAL UTILITY
DISTRICT NO. 2 OF PARKER COUNTY
STATE OF TEXAS §
COUNTY OF PARKER §
This Strategic Partnership Agreement (this "Agreement") is entered into by the City of
Fort Worth, a home-rule municipal corporation situated in Tarrant, Denton 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"), acting by
and through its duly authorized Board of Directors, under the authority of Section 43.0751 of the
Texas Local Government Code ("Local Government Code").
RECITALS
A. Local Government Code, Section 43.0751 (the "Act"), authorizes the City and a
municipal utility district to negotiate and enter into a strategic partnership agreement by mutual
consent.
B. This Agreement authorizes the City to annex certain tracts of land within the
District that have been or may in the future be designated for commercial use for limited
purposes for the purpose of collecting Sales and Use Tax Revenues within such commercial
tracts and to annex all land within the District for full purposes on terms acceptable to the City
and the District.
C. Pursuant to this Agreement the City will pay to the District an amount equal to a
portion of such Sales and Use Tax Revenues, which may be used to fund the installation and
construction of Infrastructure and for other purposes in accordance with this Agreement.
D. The District and the City acknowledge that this Agreement provides benefits to
each party, including revenue, services and regulatory benefits.
E. The District and the City acknowledge that this Agreement does not require the
District to provide revenue to the City solely for the purpose of obtaining an agreement with the
City to forgo annexation of the District.
NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and
conditions contained in this Agreement, and for other good and valuable consideration the
receipt and adequacy of which are acknowledged, the District and the City agree as follows:
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ARTICLE I
FINDINGS
A. The District is a conservation and reclamation district created by the Texas
Commission on Environmental Quality ("TCEO"), pursuant to Article XVI, Section 59, of the
Texas Constitution, and Chapters 49 and 54 of the Texas Water Code.
B. On , 2007, the City Council adopted Resolution No.
consenting to the creation of the District (the "Consent Resolution") and approved that certain
Agreement Concerning Creation and Operation of MomingStar Ranch Municipal Utility District
No. 2 of Parker County (City Secretary Contract No. , M& C ) (the
"Consent Agreement").
C. The District encompasses approximately 356.829 acres, more or less, all of which
are located within Parker County, Texas, and within the extraterritorial jurisdiction of the City,
consisting of a 176.610-acre tract and a 180.219-acre tract. as shown on Exhibit A and described
in Exhibit B attached to this Agreement (the "Pro pert ").
D. WYA The Ranch at Mary's Creek, Ltd., a Texas limited partnership ("Owner"),
has represented to the City and the District that it owns the Property.
E. Owner and the City have entered into the Development Agreement for
MomingStar Ranch (City Secretary Contract No. , M & C ) governing
the Property and the 380.316 acres encompassed by MomingStar Ranch Municipal Utility
District No. 1 of Parker County ("District One"), which includes land use and development
standards that are designed to produce a quality mixed-use development and which provides,
among other things, that commercial development may occur on Tract 1, consisting of
approximately 5.352 acres, and Tract 2, consisting of approximately 10.636 acres, as shown on
Exhibit C and described on Exhibit D attached to this Agreement.
F. The City Council and Owner have entered into the Utility Agreement for
MomingStar Ranch (City Secretary Contract No. , M & C ) relating to
the provision of water and wastewater service and the construction, ownership, operation and
maintenance of water and wastewater infrastructure to serve the Property and the land included
in District One (the "Utility Agreement").
G. The City and the District desire to enter into this Agreement providing for limited
purpose annexation of the portions of the Property within which commercial uses may occur for
the purpose of collecting Sales and Use Tax Revenues within the annexed areas in accordance
with Subsection (k) of the Act, and for the sharing of Sales and Use Tax Revenues between the
City and the District.
H. The District provided notice of two public hearings concerning the adoption of
this Agreement and the proposed limited purpose annexation of the Original Commercial
Property, as defined below, in accordance with the procedural requirements of the Act.
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1. The Board of Directors of the District conducted two public hearings regarding
this Agreement and the proposed limited purpose annexation of the Original Commercial
Property, at which members of the public who wished to present testimony or evidence regarding
this Agreement and the proposed limited purpose annexation were given the opportunity to do
so, in accordance with the procedural requirements of the Act on , 200_, at
.in. at and on , 200_, at
.in. at
J. The Board of Directors of the District approved this Agreement on
200_, in open session at a meeting held in accordance with Chapter 551 of the
Government Code.
K. The City provided notice of two public hearings concerning the adoption of this
Agreement and the proposed limited purpose annexation of the Original Commercial Property, in
accordance with the procedural requirements of the Act.
L. The City Council conducted two public hearings regarding this Agreement and
the proposed limited purpose annexation of the Original Commercial Property, at which
members of the public who wished to present testimony or evidence regarding this Agreement
and the proposed limited purpose annexation were given the opportunity to do so, in accordance
with the procedural requirements of the Act on , 200_, at
.in., at the City Council Chambers and on , 200_, at
.in., at the City Council Chambers.
M. The City Council approved this Agreement on , 200_, in
open session at a meeting held in accordance with Chapter 551 of the Government Code (M& C
), which approval occurred after the Board of Directors of the District approved
this Agreement.
N. All procedural requirements imposed by law for the adoption of this Agreement
have been met.
O. Pursuant to the Consent Agreement and the Utility Agreement, the District will
construct or cause to be constructed, certain water and wastewater facilities within the
boundaries of the Property and outside the boundaries of the Property as required to connect such
facilities to the City's water and wastewater systems, all in accordance with City standards. The
District shall dedicate such facilities to the City, which shall operate and maintain such facilities
as part of the City's water and wastewater systems in accordance with the terms of the Utility
Agreement.
P. Pursuant to the Consent Agreement, the District will construct, operate, and
maintain or cause to be maintained drainage and road systems within the District in accordance
with City standards.
Q. In accordance with the requirements of Subsection (p)(2) of the Act, this
Agreement provides benefits to the City and the District, including revenue, services, and
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regulatory benefits which are reasonable and equitable with regard to the benefits provided to the
other.
ARTICLE II
DEFINITIONS
Terms used in this Agreement shall have the following meanings:
"Act"means the Texas Local Government Code, Section 43.0751, and any amendments thereto.
"Additional Commercial Property" means any property within the District Boundaries
designated for commercial use, other than the Original Commercial Property.
"Agreement" means this Strategic Partnership Agreement between the City and the District.
"Board" means the Board of Directors of the District.
"Bond" means (a) any instrument, including a bond, note, certificate of participation, or other
instrument evidencing a proportionate interest in payments, due to be paid by the District, or
(b) any other type of obligation that (1) is issued or incurred by the District under the District's
borrowing power, without regard to whether it is subject to annual appropriation, and (2) is
represented by an instrument issued in bearer or registered form or is not represented by an
instrument but the transfer of which is registered on books maintained for that purpose by or on
behalf of the District. The term shall include obligations issued to refund outstanding bonds but
shall not include reimbursement agreements entered into between the District and a developer of
the Property or bond anticipation notes.
"City" means the City of Fort Worth, Texas, a home rule municipality located in Tarrant, Wise,
and Denton Counties.
"City Council" means the City Council of the City.
"City Secretary" means the City Secretary of the City.
"City Manager" means the City Manager of the City.
"City Share" means the City's share of Sales and Use Tax Revenues as defined by Section 4.02
of this Agreement.
"Comptroller"means the Comptroller of Public Accounts of the State of Texas.
"Consent Agreement" means the Agreement Concerning Creation and Operation of MornngStar
Ranch Municipal Utility District No. 2 of Parker County, by and among the City, the District,
and Owner, which was approved by the City Council on , 2007 (City Secretary
Contract No. , M & C
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"Development Agreement" means the Development Agreement for MorningStar Ranch, between
the City and Owner, which was approved by the City Council on , 2007 (City
Secretary Contract No. , M & C
"District" means the MorningStar Ranch Municipal Utility District No. 2 of Parker County.
"District Boundaries" means boundaries of the District, consisting of the boundaries of the
176.610-acre tract and the 180.219-acre tract as shown on Exhibit A and described on
Exhibit B.
"District Confirmation Date" means the date on which the Board of Directors of the District
canvasses the results of the election held within the District confirming the creation of the
District.
"District Share" means the District's share of Sales and Use Tax Revenues as defined by
Section 4.02 of this Agreement.
"ETJ" means the extraterritorial jurisdiction of a city as defined by the Local Government Code,
as amended, with the City's ETJ being an unincorporated area presently extending five miles
from the City's corporate limits, excluding other incorporated municipalities and their respective
ETJs.
"Finance Director" means the Director of the City's Finance Department.
"Government Code" means the Texas Government Code, as amended.
"Infrastructure" means all water, wastewater, drainage, roadway and other infrastructure
improvements installed or constructed to serve the Property, whether located within or outside
the Property.
"Limited Purpose Annexation Period" means the period commencing on the effective date of the
limited purpose annexation of any Limited Purpose Property and ending upon the full purpose
annexation or disannexation of such property.
"Limited Purpose Property" means the property in the District that is annexed for limited
purposes pursuant to this Agreement, including the Original Commercial Property and any
Additional Commercial Property.
"Local Government Code" means the Texas Local Government Code, as amended.
"Notice" means notice as defined in Section 8.01 of this Agreement.
"Original Commercial Property" means that certain 5.352-acre tract (Tract 1) and that certain -
10.636-acre tract (Tract 2) designated for commercial use in the Development Agreement, as
shown on Exhibit C and described on Exhibit D.
"Owner" means WYA The Ranch at Mary's Creek, Ltd., a Texas limited partnership, its
successors and assigns as permitted by Section 8.10 of this Agreement.
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"Party" means, individually, the City or the District, their successors and assigns as permitted by
Section 8.10 of this Agreement.
"Property" means approximately 356.829 acres of land located in Parker County, Texas,
consisting of a 176.610-acre tract and a 180.219-acre tract, as shown on Exhibit A and described
on Exhibit B.
"Sales and Use Tax Revenues" means those revenues received by the City from the sales and use
tax authorized to be imposed by the City on sales consummated at locations within the Limited
Purpose Property pursuant to the Act and Chapter 321 of the Tax Code and whose use is not
otherwise controlled or regulated, in whole or in part, by another governmental entity, authority,
or applicable law, ordinance, rule, or regulation. Sales and Use Tax Revenues specifically
exclude those revenues received by the City from the Crime Control District Sales Tax imposed
by the City pursuant to Tax Code Section 323.105 and Local Government Code Section 363.055.
"Sales and Use Tax Account" means the account established pursuant to Section 4.03 in which
the District deposits the District Share.
"Tax Code" means the Texas Tax Code, as amended.
"Utility Agreement" means the Utility Agreement for MorningStar Ranch executed by Owner
and the City, and to be executed by the District and District One after the District Confirmation
Date (City Secretary Contract No. , M & C ) relating to the provision of water
and wastewater service and the construction, ownership, operation and maintenance of water
and wastewater infrastructure for the Property and the land included in District One.
ARTICLE III
ADOPTION OF AGREEMENT AND
LIMITED-PURPOSE ANNEXATION OF ORIGINAL COMMERCIAL PROPERTY
AND ADDITIONAL COMMERCIAL PROPERTY
3.01 Public Hearings. The District and the City acknowledge and agree that prior to
the execution of this Agreement, the governing bodies of the District and the City have
conducted public hearings for the purpose of considering the adoption of this Agreement and that
such hearings were noticed and conducted in accordance with the terms of the Act, this
Agreement, Chapter 551 of the Government Code, and the City's charter.
3.02 Effective Date. Pursuant to Subsection (c) of the Act, this Agreement is effective
, the date of adoption of this Agreement by the City.
3.03 Filing in Property Records. The City shall file this Agreement in the Real
Property Records of Parker County, Texas.
3.04 Limited Purpose Annexation of Original Commercial Property. The District and
the City agree that the City may annex all or any portion of the Original Commercial Property
for the limited purpose of collecting Sales and Use Tax Revenues within the Original
Commercial Property pursuant to Subsection (k) of the Act. The District acknowledges that the
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City Council may adopt a limited purpose annexation ordinance at a meeting conducted in
accordance with Chapter 551 of the Government Code and further acknowledges that no
additional notices, hearings, or other procedures are required by law in order to approve such
limited purpose annexation.
3.05 Limited Purpose Annexation of Additional Commercial Property. In the event the
location of proposed commercial development within the District is changed or additional
property designated for commercial development is added, the City Council may annex the
Additional Commercial Property for the limited purpose of collecting Sales and Use Tax
Revenues within the Additional Commercial Property pursuant to Subsection (k) of the Act. The
District acknowledges that the City Council may adopt a limited purpose annexation ordinance at
a meeting conducted in accordance with Chapter 551 of the Government Code and further
acknowledges that no additional notices, hearings, or other procedures are required by law to
approve such limited purpose annexation.
3.06 Connections to the CityLimits. The District consents to the annexation of land
connecting the Original Commercial Property or the Additional Commercial Property to the City
limits. The City may annex property pursuant to this section for limited purposes as permitted
by the Act.
3.07 Consent to Limited Purpose Annexation. THE DISTRICT ON BEHALF OF ITSELF AND
ALL PRESENT AND FUTURE OWNERS OF LAND WITHIN THE DISTRICT BOUNDARIES HEREBY
REQUESTS THAT THE CITY ANNEX THE ORIGINAL COMMERCIAL PROPERTY AND THE ADDITIONAL
COMMERCIAL PROPERTY FOR LIMITED PURPOSES AS PROVIDED IN THIS AGREEMENT. THE
DISTRICT CONSENTS TO SUCH ANNEXATION AND TO THE COLLECTION OF SALES AND USE TAX
REVENUES BY THE CITY WITHIN SUCH LIMITED PURPOSE PROPERTY. SUCH CONSENT SHALL BIND
THE DISTRICT AND EACH OWNER AND FUTURE OWNER OF LAND WITHIN THE DISTRICT
BOUNDARIES.
ARTICLE IV
TAXATION AND PROVISION OF SERVICES
4.01 Collection of Sales and Use Tax Revenues. The City may impose a sales and use
tax within the Limited Purpose Property pursuant to Subsection (k) of the Act. The sales and use
tax shall be imposed on all eligible commercial activities at the rate of one percent or other rate
allowed under future amendments to Chapter 321 of the Tax Code and imposed by the City.
Collection of the Sales and Use Tax Revenues shall take effect on the date described in Section
321.102 of the Tax Code.
4.02 Payment of Sales and Use Tax. In return for the benefits received by the City
pursuant to this Agreement, the City shall pay to the District an amount equal to 50% of the
Sales and Use Tax Revenues collected during the first nineteen (19) years of the Limited Purpose
Annexation Period, and paid to the City as reflected in sales tax reports provided by the
Comptroller to the City. Thereafter, the City shall pay to the District an amount equal to 25% of
the Sales and Use Tax Revenues collected commencing on the first day of the twentieth (20th)
year of the Limited Purpose Annexation Period, and paid to the City as reflected in the sales tax
reports paid by the Comptroller to the City. All amounts payable to the District pursuant to this
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Section 4.02 are hereafter referred to as the "District Share" The City shall pay the District
Share within thirty (30) days after the City receives the sales tax report reflecting such revenues
from the Comptroller. Any payment of the District Share not made within such 30-day period
shall bear interest calculated in accordance with Section 2251.025 of the Government Code. The
City shall retain all Sales and Use Tax Revenues that do not constitute the District Share (the
"City Share").
4.03 District Use of Sales and Use Tax Revenues. The District shall deposit the
District Share in a segregated interest-bearing account (the "Sales and Use Tax Account"). The
District shall use funds in the Sales and Use Tax Account in the following order of priority:
(a) Reimbursement for the construction or installation of Infrastructure;
(b) Funding the construction or installation of Infrastructure;
(c) Funding for any purpose for which the District may legally expend funds
(including such items as District bond debt service, operational costs, and any
contract tax obligations); provided, however, the District shall not fund any such.
items if the District's ad valorem tax rate is, or with such funding of any such
items would be, less than 90% of the City's ad valorem tax rate for the previous
year; and
(d) Purchasing and retiring any Bond after the tenth anniversary of its issuance.
4.04 City Use of Sales and Use Tax Revenues. The City may use the City Share for
any lawful purpose; provided, however, it is the City's intent to use the additional 25% share of
the Sales and Use Tax Revenues beginning on the first day of the twentieth (20th) year of the
Limited Purpose Annexation Period to defray the costs of providing municipal services to the
residents of the Property upon full purpose annexation.
4.05 Delivery of Sales Tax Reports to District. The City shall include with each
payment of the District Share a condensed version of each sales tax report provided by the
Comptroller relating to Sales and Use Tax Revenues.
4.06 Notification of Comptroller. The City shall send notice of this Agreement,
together with other required documentation, to the Comptroller in the manner provided by Tax
Code, Section 321.102, after the City Council annexes any portion of the Limited Purpose
Property for limited purposes.
4.07 Termination of Sales and Use Tax Sharing. Upon termination of this Agreement,
the City shall have no further financial obligation to the District pursuant to this Agreement, and
all Sales and Use Tax Revenues collected by the City from the Limited Purpose Property after
the termination date shall be retained by the City and may be used for any lawful purpose.
4.08 City's Maintenance of Records and District's Audit Rights. The District may
audit the Sales and Use Tax Revenues collected by the City to determine whether the District
Share has been paid to the District in accordance with this Agreement. The City shall provide
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reasonable accommodations for the District to perform the audit. Any audit shall be made at the
District's sole expense and may be performed at any time during the City's regular business
hours on thirty (30) days Notice to the City. For purposes of any such audits, the City shall
maintain and make available to the District's representatives all books, records, documents and
other evidence of accounting procedures or practices in form sufficiently maintained to reflect
the amount of Sales and Use Tax Revenues received by the City from the Limited Purpose
Property. Notwithstanding the foregoing, however, if any audit conducted by the District reveals
that the District Share has been underpaid by more than two percent (2%), the City shall
reimburse the District for the reasonable cost of the audit.
4.09 District's Maintenance of Records and City's Audit Rights. The City may audit
the Sales and Use Tax Account and the District's expenditures of the District Share to determine
whether the expenditures have been made by the District in accordance with Section 4.03 of this
Agreement. The District shall provide reasonable accommodations for the City to perform the
audit. Any audit shall be made at the City's sole expense and may be performed at any time
during the District's regular business hours on thirty (30) days Notice to the District. For
purposes of any such audits, the District shall maintain and make available to the City's
representatives all books, records, documents and other evidence of accounting procedures or
practices in form sufficiently maintained to reflect deposits to the Sales and Use Tax Account
and expenditures of the District Share. Notwithstanding the foregoing, however, if any audit
conducted by the City reveals that the District has not used the District Share in accordance with
Section 4.03, the District shall reimburse the City for the reasonable cost of the audit.
Furthermore, if such breach is not cured as provided by Article VII, the City may withhold
payments of future Sales and Use Tax Revenues in the amount of the improper expenditures.
ARTICLE V
FULL PURPOSE ANNEXATION
5.01 Full Purpose Annexation. In accordance with the terms of this Agreement and the
Development Agreement, the City shall have the right, but not the obligation, to annex the
Property (or a portion of the Property, to the extent permitted by law) for full purposes on or
after the earlier to occur of: (a) dissolution of the District (other than as a result of annexation by
the City); or (b) , which is fifteen (15) years after the Effective Date of the
Development Agreement. Such authority is in addition to the authority to annex portions of the
Property pursuant to Section 5.04.
5.02 Procedure for Full Purpose Annexation. The City and the District acknowledge
that the Property is exempt from inclusion in the City's municipal annexation plan pursuant to
Section 43.052(h)(3)(B) of the Local Government Code. The District hereby consents, on its
behalf and on behalf of all current and future owners of land included within the District
Boundaries, to full purpose annexation of the Property in accordance with the procedure for
annexation of areas exempted from the municipal annexation plan contained in Chapter 43 of the
Local Government Code, Subchapter C-1, or, if Subchapter C-1 is amended or repealed, in
accordance with the most comparable annexation procedure. In the alternative, at City's
election, the Property shall be deemed to be within the full-purpose boundary limits of the City
on the full purpose annexation conversion date in accordance with Section 43.0751 of the Local
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Government Code. The full purpose annexation conversion date shall be established by a
resolution adopted by the City Council and shall be no earlier than the first to occur of the events
described in Section 5.01.
5.03 Consent to Annexation. OWNER AND ALL FUTURE OWNERS OF ALL OR
ANY PORTION OF THE PROPERTY IRREVOCABLY AND UNCONDITIONALLY
CONSENT TO THE FULL PURPOSE ANNEXATION OF THE PROPERTY INTO THE
CORPORATE LIMITS OF THE CITY IN ACCORDANCE WITH THIS AGREEMENT AND
WAIVE ALL OBJECTIONS AND PROTESTS TO SUCH ANNEXATION. THIS
AGREEMENT SHALL SERVE AS THE PETITION OF OWNER AND ALL FUTURE
OWNERS TO FULL PURPOSE ANNEXATION OF THE PROPERTY IN ACCORDANCE
WITH THIS AGREEMENT.
5.04 Annexation of Portions of Property. The District agrees to cooperate with and
assist the City in annexing one or more areas in the manner prescribed by law which does not
result in the dissolution of the District, none of which may exceed 525 feet in width at its widest
point or such other width limitation subsequently imposed by law, as reasonably necessary for
the City to connect areas to the City that are outside the District and that the City intends to
annex. The City consents and agrees that such areas shall be located within right-of-way areas or
along lot lines whenever possible. Notwithstanding the zoning designation approved for the
annexed area, such area may be developed and used in accordance with the Development
Agreement.
ARTICLE VI
TERM
This Agreement commences on the Effective Date and continues until the City annexes
the Property for full purposes (subject to the provisions of the Development Agreement). The
provisions of this Agreement relating to the collection of sales and use tax will automatically
terminate with regard to any portion of the Limited Purpose Property upon disannexation or full
purpose annexation of such property.
ARTICLE VII
BREACH, NOTICE AND REMEDIES
7.01 Notification of Breach. If either Party commits a breach of this Agreement, the
non-breaching Party shall give Notice to the breaching Party that describes the breach in
reasonable detail.
7.02 Cure of Breach. The breaching Party shall commence curing such breach within
fourteen (14) calendar days after receipt of Notice of the breach and shall complete the cure
within fourteen (14) calendar days from the date of commencement of the cure; however, if the
breach is not reasonably susceptible to cure by the breaching Party within such fourteen (14) day
period, the non-breaching Party shall not bring any action so long as the breaching Party has
commenced to cure the default within such fourteen (14) day period and diligently completes the
work within a reasonable time without unreasonable cessation of the work.
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7.03 Remedies for Breach. If the breaching Party does not substantially cure such
breach within the stated period of time, the non-breaching Party may, in its sole discretion, and
without prejudice to any other right under this Agreement, law, or equity, seek any relief
available at law or in equity, including, but not limited to, an action under the Uniform
Declaratory Judgment Act, specific performance, mandamus and injunctive relief, provided,
however, the non-breaching Party shall not be entitled to terminate this Agreement. The Parties
specifically waive any right that they have or in the future may have to terminate this Agreement.
Damages, if any, to which any non-breaching Party may be entitled shall be limited to actual
damages and shall not include special or consequential damages. In addition, the prevailing
party in any such action shall be entitled to reasonable attorney's fees and costs of litigation as
determined in a final, non-appealable order in a court of competent jurisdiction.
ARTICLE VIII
ADDITIONAL PROVISIONS
8.01 Notice. Any notices, certifications, approvals, or other communications (a
"Notice") required to be given by one Party to another under this Agreement shall be given in
writing addressed to the Party to be notified at the address set forth below and shall be deemed
given: (a) when the Notice is delivered in person to the person to whose attention the Notice is
addressed; (b) when received if the Notice is deposited in the United States Mail, certified or
registered mail, return receipt requested, postage prepaid; (c) when the Notice is delivered by
Federal Express, UPS, or another nationally recognized courier service with evidence of delivery
signed by any person at the delivery address; or (d) five business days after the Notice is sent by
FAX (with electronic confirmation by the sending FAX machine) with a confirming copy sent by
United States mail within 48 hours after the FAX is sent. If any date or period provided in this
Agreement ends on a Saturday, Sunday, or legal holiday,the applicable period for calculating the
notice shall be extended to the first business day following the Saturday, Sunday, or legal
holiday. For the purpose of giving any Notice, the addresses of the Parties are set forth below.
The Parties may change the information set forth below by sending Notice of such changes to the
other Party as provided in this section.
To the City:
City of Fort Worth, Texas
1000 Throckmorton Street
Fort Worth, Texas 76102
Attn: City Secretary
FAX: 817-392-6196
City of Fort Worth, Texas
1000 Throckmorton Street
Attn: City Manager
Fort Worth, Texas 76102
Attn: City Manager
FAX: 817-392-6134
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City of Fort Worth, Texas
1000 Throckmorton Street
Attn: Finance Director
Fort Worth, Texas 76102
Attn: Finance Director
FAX: 817-392-8966
To the District:
Morningstar Ranch Municipal Utility District No. 2 of Parker County
c/o: Coats Rose
5420 LBJ Freeway, Suite 1300
Dallas, TX 75240
Attn: Timothy G. Green
FAX: 972-982-8451
8.02 Payments. The City shall forward payments of the District Share to the District at
the address set out in Section 8.01 by regular U.S. Mail or other method of delivery mutually
acceptable to the Parties.
8.03 No Waiver. Any failure by a Party to insist upon strict performance by the other
Party of any provision of this Agreement shall not be deemed a waiver thereof, and the Party
shall have the right at any time thereafter to insist upon strict performance of any and all of the
provisions of this Agreement. No provision of this Agreement may be waived except by writing
signed by the Party waiving such provision. Any waiver shall be limited to the specific purpose
for which it is given. No waiver by any Party hereto of any term or condition of this Agreement
shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver
of the same term or condition.
8.04 Governing Law and Venue. THIS AGREEMENT MUST BE CONSTRUED AND
ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, AS THEY APPLY TO
CONTRACTS PERFORMED WITHIN THE STATE OF TEXAS AND WITHOUT REGARD TO ANY
CHOICE OF LAW RULES OR PRINCIPLES TO THE CONTRARY. THE PARTIES ACKNOWLEDGE
THAT THIS AGREEMENT IS PERFORMABLE IN TARRANT COUNTY, TEXAS AND HEREBY SUBMIT
TO THE JURISDICTION OF THE COURTS OF TARRANT COUNTY, TEXAS AND AGREE THAT ANY
SUCH COURT SHALL BE A PROPER FORUM FOR THE DETERMINATION OF ANY DISPUTE ARISING
HEREUNDER.
8.05 Authority to Execute. The City certifies, represents, and warrants that the
execution of this Agreement is duly authorized and adopted in conformity with the City Charter
and City ordinances. The District certifies, represents and warrants that the execution of this
Agreement is duly authorized and adopted by the Board.
8.06 Entire Agreement; Severability. This Agreement constitutes the entire agreement
between the Parties and supersedes all prior agreements, whether oral or written, covering the
subject matter of this Agreement. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable for any reason, then (a) such unenforceable provision
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shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent
possible, be rewritten to be enforceable and to give effect to the intent of the Parties; and (c) the
remainder of this Agreement shall remain in full force and effect and shall be interpreted to give
effect to the intent of the Parties.
8.07 Changes in State or Federal Laws. If any state or federal law changes so as to
make it impossible for the City or the District to perform its obligations under this Agreement,
the parties will cooperate to amend this Agreement in such a manner that is most consistent with
the original intent of this Agreement as legally possible.
8.08 Additional Documents and Acts. The Parties agree that at any time after
execution of this Agreement, they will, upon request of the other Party, execute and/or exchange
any other documents necessary to effectuate the terms of this Agreement and perform any further
acts as the other Party may reasonably request to effectuate the terms of this Agreement.
8.09 Captions. Captions and headings used in this Agreement are for reference
purposes only and shall not be deemed a part of this Agreement.
8.10 Assi ng ability, Successors, and Assigns. This Agreement shall not be assignable
without the other Party's written consent. This Agreement shall be binding upon and inure to the
benefit of the Parties and their respective representatives, successors, and assigns.
8.11 Amendment. This Agreement may be amended only by written agreement with
approval of the governing bodies of the City and the District.
8.12 Interpretation. The Parties acknowledge that each party and, if it so chooses, its
counsel have reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party shall not be employed in
the interpretation of this Agreement or any amendments or exhibits hereto. As used in this
Agreement, the term "including" means "including without limitation" and the term "days"
means calendar days, not business days. Wherever required by the context, the singular shall
include the plural, and the plural shall include the singular. Each defined term herein may be
used in its singular or plural form whether or not so defined.
8.13 No Third Party Beneficiaries. This Agreement is solely for the benefit of the City
and the District, and neither the City nor the District intends by any provision of this Agreement
to create any rights in any third-party beneficiaries or to confer any benefit or enforceable rights
under this Agreement or otherwise upon anyone other than the City and the District.
8.14 Governmental Powers. By execution of this Agreement, neither the City nor the
District waives or surrenders any of its respective governmental powers, immunities or rights,
except as specifically waived pursuant to this section. The City and the District mutually waive
their governmental immunity from suit and liability only as to any action brought by a Party to
pursue the remedies available under this Agreement and only to the extent necessary to pursue
such remedies. Nothing in this section shall waive any claims, defenses or immunities that the
City or the District has with respect to suits against the City or the District by persons or entities
not a party to this Agreement. Nothing in this Agreement is intended to delegate or impair the
MorningStar Ranch MUD No. 2
Strategic Partnership Agreement Page 13
016391.00010:1051153.03
performance by the City of its governmental functions, and the City waives any claim or defense
that any provision of this Agreement is unenforceable on the grounds that it constitutes an
impermissible delegation or impairment of the City's performance of its governmental functions.
8.15 Incorporation of Exhibits by Reference. All exhibits attached to this Agreement
are incorporated into this Agreement by reference for the purposes set forth herein, as follows:
Exhibit A Map of the Property
Exhibit B Legal Description of the Property
Exhibit C Map of Original Commercial Property
Exhibit D Legal Description of Original Commercial Property
8.16 Conspicuous Provisions. The City and the District acknowledge that the
provisions of this Agreement set out in bold, CAPITALS (or any combination thereof) satisfy the
requirements for the express negligence rule and/or are conspicuous.
8.17 Counterpart Originals. This Agreement may be executed in multiple counterparts,
each of which shall be deemed to be an original.
ATTEST: CITY OF FORT WORTH
By:
Marty Hendrix, City Secretary Marc Ott, Assistant City Manager
Date:
APPROVED AS TO FORM AND
LEGALITY:
Assistant City Attorney
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me, on the day of
200_, by Marc Ott, Assistant City Manager of the City of Fort Worth, Texas on behalf
of said city.
Notary Public, State of Texas
[SEAL] Printed Name:
My Commission Expires:
MorningStar Ranch MUD No. 2
Strategic Partnership Agreement Page 14
016391.00010:1051153.03
MORNINGSTAR RANCH MUNICIPAL
UTILITY DISTRICT NO. 2 OF PARKER
COUNTY
By:
Printed Name:
President, Board of Directors
Date:
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me, on the day of
200`, by , President, Board of Directors of MorningStar
Ranch Municipal Utility District No. 2 of Parker County, on behalf of said district,
Notary Public, State of Texas
[SEAL] Printed Name:
My Commission Expires:
MorningStar Ranch MUD No. 2
Strategic Partnership Agreement Page 15
016391.00010:1051153.03
Exhibit A
Map of the Property
MUD NO.2
MUD NO.1
MUD NO.2
MUD NO.1
�i
� GQ
G�
Zo 20 MUD 1=380.316 AC
MUD 2=356.829 AC
N
M
M
Lzr MUD NO.2
MUD NO,1
OLD WEATHERFORD ROAD
MAP OF THE WE
PROPERTY
s
C=*w o wyMs EXHIBIT
..._ m JOB # 014574 DATE 8.27.07 DRAWN: JST DESIGNED: A
DGN-g-\nJob\014367\civ\EXHIBITS\20070713 - H&L\CA - Exh A.sht Copyright 02007 by Car+er & Burgess,Inc.
MorningStar Ranch MUD No. 2
Exhibit A to Strategic Partnership Agreement-Page 1
016391.00010:1051153.03
Exhibit B
Legal Description of Property
LEGAL DESCRIPTION
Morningstar RANCH MUD No.2 South
BEING situated in the M.Teeter Survey,Abstract Number 2070,the P.J.McClary Survey,
Abstract Number 907,and the W.Cagle Survey,Abstract Number 2373,Parker County,Texas,
and being a portion of that tract of land described by deed to WYA THE RANCH AT MARY'S
CREEK,LTD.as recorded in Book 2463,Page 618,Deed Records,Parker County,Texas, and
being more particularly described by metes and bounds as follows:
COMMENCING at a Texas Department of Transportation(TXDOT)monument found at the
northerly southwest comer of said WYA THE RANCH AT MARY'S CREEK,LTD.tract.;
THENCE along the westerly line of said WAY THE RANCH AT MARY'S CREEK,LTD.
tract,the following bearings and distances:
N 00-32'56"W,562.53 feet to the POINT OF BEGINNING;
N 00*32'56"W,289.44 feet to a'i/2 inch iron rod with cap found;
N 00032'34"W,292.60 feet to a TXDOT monument found;
N 00°13'30"W,12.98 feet to an iron rod found;
N 00°32'18"W,1787.12 feet;
N 04°56'41"E,50.20 feet;
N 00'30'10"W,100.04 feet to a TXDOT monument found;
N 06014'31"W,50.09 feet to a TXDOT monument found;
N 00°28'55'W,47.43 feet to a TXDOT monument found;
N 02002'20"W,155.80 feet to a TXDOT monument found;
N 06027'5T'E, 104.41 feet to a TXDOT monument found;
N 06045'31"W,221.88 feet;
THENCE S 89057'22"E,347.64 feet leaving said westerly line;
THENCE N 87004'13"E,50.05 feet;
THENCE N 71034'26"E,96.53 feet;
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MomingStar Ranch MUD No. 2
Exhibit B to Strategic Partnership Agreement-Page 1
016391.00010:1051153.03
THENCE N 70049'02"E,45.68 feet;
THENCE N 57044'58"E,461.86 feet;
THENCE N 69039'33"E, 180.01 feet;
THENCE S 23002'17"E,84.57 feet;
THENCE N 86017'21"E,96.81 feet;
THENCE S 07053'29"E,230.10 feet;
THENCE S 16010'32"E,171.96 feet;
THENCE S 24°50'19"E,405.32 feet;
THENCE N 65009'41"E,310.00 feet;
THENCE S 24050'19"E,1167.78 feet;
THENCE N 69016'09"E,168.18 feet;
THENCE N 65000'30"E,131.35 feet;
THENCE S 65008'l WT,271.21 feet;
THENCE S050.40'55"E,127.64 feet;
THENCE N83024'51"E,55.99 feet;
THENCE S06035'44"E,1400.02 feet;
THENCE S83024'16"W,15.00 feet;
THENCE S06035'44"E,110.00 feet;
THENCE S83024'16"W,350.00 feet;
THENCE S75023'58"W,157.00 feet to the beginning of a non-tangent curve to the left;
THENCE with said non-tangent curve to the left,an arc distance of 14.10 feet,through a central
angle of 16109'31",having a radius of 50.00 feet,the long chord of which bears S56°16'54"E,
14.05 feet to the beginning of a reverse curve to the right;
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MorningStar Ranch MUD No. 2
Exhibit B to Strategic Partnership Agreement-Page 2
016391.00010:1051153.03
THENCE with said reverse curve to the right,an arc distance of 113.11 feet,through a central
angle of 129°36'58",having a radius of 50.00 feet,the long chord of which bears S00°26'49"W,
90.49 feet;
THENCE S05039'40"W,22.14 feet;
THENCE S30°03'08"W,137.47 feet;
THENCE S47038'34"W,190.28 feet;
THENCE N81059'04"W,494.11 feet;
THENCE N08042'25"E, 137.06 feet to the beginning of a curve to the right;
THENCE with said curve to the right,an arc distance of 104.46 feet,through a central angle of
11017'33",having a radius of 530.00 feet,the long chord of which bears N14°21'11"E,104.29
feet;
THENCE N19059'58'T,119.12 feet;
THENCE N70049'05"W,106.81 feet;
THENCE N78005'25"W,94.26 feet;
THENCE N86027'16"W,95.53 feet;
THENCE S87009'53"W,46.34 feet;
THENCE S85048'15"W,1514.69 feet to the POINT OF BEGINNING and containing 176.610
acres of land more or less.
NOTE
This document was prepared under 22TAC§663.21,does not reflect the results of an on the
ground survey,and is not to be used to convey or establish interests in real property,except those
rights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared.
C&B Job No.014574.010.1.0601
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MorningStar Ranch MUD No. 2
Exhibit B to Strategic Partnership Agreement-Page 3
016391.00010:1051153.03
LEGAL DESCRIPTION
MorningStar RANCH MUD No.2 North
BEING a tract of land situated in the J.D.Morris Survey,Abstract Number 927,and the M.S.
Teeter Survey,Abstract Number 2070,both of Parker County,Texas,and being a portion of that
tract of land conveyed to WYA THE RANCH AT MARY'S CREEK,LTD.by deed recorded in
Book 2463,Page 618 of County Records,Parker County,Texas and being more particularly
described by metes and bounds as follows;
BEGINNING at a fence post found at the northeast comer of said WYA THE RANCH AT
MARY'S CREEK,LTD. tract;
THENCE S 00022'37"W,354.77 feet along the east line of said WAY THE RANCH AT
MARY'S CREEK,LTD.tract;
THENCE N 90000'00"W,121.22 feet;
THENCE S 38052'39"W,65.14 feet to the beginning of a non-tangent curve to the left;
THENCE with said non-tangent curve to the left,an arc distance of 43.25 feet,through a central
angle of 49033'56",having a radius of 50.00 feet,the long chord of which bears S 810 10'36"W,
41.92 feet;
THENCE S 89036'00"W,73.55 feet;
THENCE S 00000'00"W,750.02 feet;
THENCE S 89036'00"W,541.14 feet;
THENCE N 00000'00"E,19.64 feet;
THENCE N 90000'00"W,170.00 feet;
THENCE S 00000'00"W,340.00 feet;
THENCE N 90000'00"W,120.00 feet;
THENCE N 81003'37"W,51.32 feet;
THENCE S 89036'00"W,119.30 feet;
THENCE N 00000'00"E,264.84 feet;
THENCE N 63005'05"W,143.02 feet;
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Exhibit B to Strategic Partnership Agreement-Page 4
016391.00010:1051153.03
THENCE N 71015'54"W, 117.86 feet;
THENCE S 48030'03"W,90.00 feet;
THENCE S 40014'35"W,80.41 feet;
THENCE N 68011'35"W, 123.38 feet;
THENCE N 50027'56"W,51.97 feet;
THENCE N 64033'52"W, 139.53 feet;
THENCE N 20050'19"E,25.00 feet;
THENCE N 25022'44"W, 111.32 feet;
THENCE N 13041'36"E,146.01 feet to the beginning of a non-tangent curve to the right;
THENCE with said non-tangent curve to the right,an arc distance of 23.33 feet,through a
central angle of 26°43'59",having a radius of 50.00 feet,the long chord of which bears
N 09031'l TV,23.12 feet to the beginning of a reverse curve to the left;
THENCE with said reverse curve to the left,an arc distance of 36.14 feet,through a central
angle of 41°24'35",having a radius of 50.00 feet,the long chord of which bears N 16°51'35"W,
35.36 feet;
THENCE N 37033'53"W, 129.89 feet;
THENCE N 90000'00"W, 180.71 feet;
THENCE N 78041'24"W, 152.97 feet;
THENCE N 63026'15"W,55.90 feet;
THENCE N 90000'00"W,820,00 feet;
THENCE N 00000'00"E,170.00 feet;
THENCE N 90000'00"W,750.00 feet;
THENCE S 00000'00"W,545.00 feet;
THENCE S 07017'50"W,60.49 feet;
THENCE S 14037'03"W,225.51 feet;
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MorningStar Ranch MUD No. 2
Exhibit B to Strategic Partnership Agreement-Page 5
016391.00010:1051153.03
THENCE S 40042'12"W,204.56 feet;
THENCE S 48053'04"E,181.67 feet;
THENCE S 41006'56"W, 136.88 feet to the beginning of a non-tangent curve to the right;
THENCE with said non-tangent curve to the right,an arc distance of 94.00 feet,through a
central angle of 107042'57",having a radius of 50.00 feet,the long chord of which bears
S 53029'31W,80.76 feet;
THENCE S 41006'56"W, 112.29 feet;
THENCE N 43024'57"W,90.41 feet;
THENCE N 32050'28"W,139.36 feet;
THENCE N 59023'48"W, 173.98 feet;
THENCE N 67045'11"W,330.00 feet;
THENCE S 220 14'49"W,97.79 feet to the beginning of a non-tangent curve to the right;
THENCE with said non-tangent curve to the right,an arc distance of 113.92 feet,through a
central angle of 130032'26",having a radius of 50.00 feet,the long chord of which bears
S 77009'43"W,90.83 feet;
THENCE N 67045'l 1"W,301.10 feet;
THENCE S 22014'49"W, 105.02 feet;
THENCE N 70026'11"W,42.95 feet;
THENCE N 77004'10"W,42.67 feet;
THENCE N 83040'51"W,42.67 feet;
THENCE S 89038'35"W, 133.71 feet;
THENCE S 76042'29"W,46.11 feet;
THENCE S 89029'09"W,135.00 feet;
THENCE S 89050'00"W,855.77 feet to the beginning of a non-tangent curve to the right;
THENCE with said non-tangent curve to the right,an arc distance of 484.44 feet,through a
central angle of 15'00'16",having a radius of 1849.86 feet,the long chord of which bears
C&B Job No.014574.010.1.0601
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MorningStar Ranch MUD No. 2
Exhibit B to Strategic Partnership Agreement-Page 6
016391.00010:1051153.03
N 07056'34"W,483.05 feet to a TXDOT(Texas Department of Transportation)found;
THENCE N 00°27'14"W,796.76 feet to a TXDOT found,the beginning of a curve to the right;
THENCE with said curve to the right,an arc distance of 461.67 feet,through a central angle of
03°29'2V,having a radius of 7579.44 feet,the long chord of which bears N 01'19'36"E,461.59
feet;
THENCE S 89°16'35"E,2435.23 feet fence post found;
THENCE S 00025'15'E,247.80 feet to a fence post found;
THENCE N 89°57'17'E,4214.04 feet to the POINT OF BEGINNING and containing
180.219 acres of land,more or less.
NOTE
This document was prepared under 22TAC§663.21,does not reflect the results of an on the
ground survey,and is not to be used to convey or establish interests in real property,except those
rights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared.
C&B Job No.014574.010.1.0601
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MorningStar Ranch MUD No. 2
Exhibit B to Strategic Partnership Agreement-Page 7
016391.00010:1051153.03
Exhibit C
Map of Original Commercial Property
TRACT i
MUD NO.2
TRACT 2 MUD NO.1
1
I
1
I
P4 �O
a
I
I
C`1
M
M
MUD NO.2
MUD NO.1
I
OLD WEATHERFORD ROAD
i
v
ORIGINAL COMMERCIAL liE
PROPERTY
s
Crime swIl. EXHIBIT
ux+�xxnicea.we
_ - JOB # 014574 ---T---F
DATE: 8.27.07 DRAWN: JST DESIGNED:
DGN=q•\Inch\014367\clv\EXHIBITS\20070713 - H&L\SPA - Exh C.sht CoDyrIgh**2007 py Correr& Burgess,lnc.
MorningStar Ranch MUD No. 2
Exhibit C to Strategic Partnership Agreement Page 1
016391.00010:1051153.03
Exhibit D
Legal Description of Original Commercial Property
EXHIBIT"D-1"
LEGAL DESCRIPTION
COMMERCIAL TRACT 1
5.352 ACRES
BEING a tract of land situated in the M.S.Teeter Survey,Abstract No.2070,Parker County,
Texas and being a portion of that tract of land as described by deed to WYA THE RANCH AT
MARY'S CREEK,LTD.and recorded in Book 2463,Page 618,Deed records,Parker County,
Texas,and being more particularly described by metes and bounds as follows:
COMMENCING at a TXDOT(Texas Department of Transportation)monument found at the
northwest corner of said WYA THE RANCH AT MARY'S CREEK,LTD.tract,being in the
east line of Farmer Road(Farmer to Market Highway No.3325,right-of way varies),also being
the southwest comer of The Lyon Living Trust Tract 1 as recorded in Book 1870,Page 1479,
said County Records;
THENCE S 89'16'35"E, 135.73 feet along the southerly line of said Lyon Tract 1 and the
northerly line of said WAY THE RANCH AT MARY'S CREEK,LTD tract;
THENCE S 00'25'13"E,546.28 feet;
THENCE N 89033'53"E,50.00 feet to the POINT OF BEGINNING;
THENCE N 89'33'53"E,397.66 feet;
THENCE S 70'34'44'T, 122.38 feet;
THENCE N 89'41'53"E,319.65 feet;
THENCE S 17'43'02"W,318.41 feet to the beginning of a non-tangent curve to the left;
THENCE with said curve to the left,an arc distance of 395.63 feet,through a central angle of
18'03'43"having a radius of 1255.00 feet,the long chord of which bears N 81'25'23"W,393.99
feet;
THENCE S 89'32'46"W,344.16 feet;
THENCE N 00'25'13"W,283.27 feet to the POINT OF BEGINNING and containing 5.027
acres of land,more or less.
NOTE
This document was prepared for informational purposes only and does not reflect the results of
an on the ground survey,and is not to be used to convey or establish interests in real property.
C&B Job No. 014574.010.001.0447
J:\1OB\01457401\SUR\WP\LEG\COMMERCI.DOC August 31,2007
Page 1 of 1
I
MorningStar Ranch MUD No. 2
Exhibit D to Strategic Partnership Agreement Page 1
016391.00010:1051153.03
EXHIBIT KD-2"
LEGAL DESCRIPTION
COMMERCIAL TRACT 2
10.636 ACRES
BEING a-tract of land situated in the M.S.Teeter Survey,Abstract No.2070,Parker County,
Texas and being a portion of that tract of land as described by deed to WYA THE RANCH AT
MARY'S CREEK,LTD.and recorded in Book 2463,Page 618,Deed records,Parker County,
Texas,and being more particularly described by metes and bounds as follows:
COMMENCING at a TXDOT(Texas Department of Transportation)monument found at the
northwest corner of said WYA THE RANCH AT MARY'S CREEK,LTD.tract,being in the
east line of Farmer Road(Farmer to Market Highway No.3325,right-of way varies also being
the southwest comer of The Lyon Living Trust Tract 1 as recorded in Book 1870,Page 1479,
said County Records;
THENCE S 89016'35"E,135.73 feet along the southerly line of said Lyon Tract I and the
northerly line of said WAY THE RANCH AT MARY'S CREEK,LTD.tract;
THENCE S 00°25'13'E,939.56 feet;
THENCE N 89-32'46"E,50.00 feet to the POINT OF BEGINNING;
THENCE N 89032'46"E,344.22 feet to the beginning of a curve to the right;
THENCE with said curve to the right,an arc distance of 365.39 feet,through a central angle of
18*1 TOY having a radius of 1145.00 feet,the long chord of which bears S 81*18'43"E,363.84
feet;
THENCE S 22°14'49"W,355.35 feet;
THENCE S 00-10'00E,412.60 feet•,
THENCE S 89050'00"W,493.60 feet to the beginning of a non-tangent curve to the right;
THENCE with said curve to the right,an arc distance of 486.72 feet,through a central angle of
16°54'09"having a radius of 1649.86 feet,the long chord of which bears N 08*51'08"W,484.95
feet;
THENCE N 00°25'13"W,315.92 feet to the POINT OF BEGINNING and containing 10.636
acres of land,more or less.
NOTE
This document was prepared for informational purposes only and does not reflect the results of
an on the ground survey,and is not to be used to convey or establish interests in real property.
C&.B Job No.014574.010.001.0447 September 30,2007
J:UOB\014574011.SUR\WP\LEG\COMMERC2.DOC Page 1 of 1
MorningStar Ranch MUD No. 2
Exhibit D to Strategic Partnership Agreement Page 2
0 1639 l.00010:105 l 153.03
;� -- 0/
Buddv Garcia, Chairman
Larry R. Soward, Commissioner
Bryan W.Shaw,Ph.D.,Commissioner
Mark R.Vickery,P.G.,Executive Director
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Protecting Texas by Reducing and Preventing Pollution
March 25, 2009
Ms. Angela Stepherson
Coats, Rose, Yale, Ryman & Lee PC
5420 LBJ Freeway, Suite 1300
Dallas, Texas 75240
Re: Publication of Notice of District Petition regarding creation of Morningstar Ranch MUD 2
TCEQ Internal Control No. 02262009-D02
Dear Ms. Stepherson:
Enclosed is a copy of the notice for the above petition. Please carefully review the notice for
accuracy prior to publication and distribution. Contact Greg Charles, District Administration
Office, at 512/239-4638, if the notice is found to be in error.
This full notice, including Exhibits A and B, must be published in accordance with 30 Texas
Administrative Code Section 293.12, at your client's expense. in a newspaper (or newspapers)
regularly published or circulated in the county or counties in which the proposed district is to be
located. Publication shall be once a week for two consecutive weeks. The 30-day comment period
will begin on the day after the date of the second publication.
In addition, pursuant to 30 Texas Administrative Code 293.12, you are required to post the
enclosed notice, including Exhibits A and B "..on the bulletin board used for posting legal notices
in each county in which all or part of the proposed district is to be located." This notice should be
posted so that it is available to the public no later than the date of your second newspaper
publication.
After notice has been published and posted in accordance with 293.12, please provide proof of
these actions to the Chief Clerks Office (Mail Code 105). The proof for newspaper publication
shall be the original TCEQ affidavit of publication completed and notarized by the newspaper and
an original tear sheet from the newspaper. The proof of posting can be in the form of an affidavit
signed by a representative for the proposed district, stating all facts of the posting action.
P.O. Box 13087 0 Austin, Texas 78711-3087 0 512-239-1000 0 Internet address:wtina.tceq.state.tx.us
The Chief Clerk's Office should receive all affidavits no later than 14 days after the second
publication of the notice in the newspaper.
If you have any questions regarding these publication requirements, please contact Irma Salazar in
this office at 512/239-1328.
Sincerel ,
L onna'Cast -uela {�
'ef Clerk
LDC/is
Enclosures
cc: To all on attached mailing list.
MAILING LIST
Morningstar Ranch Municipal Utility District No. 2
TCEQ Internal Control No. 02262009-D02
Ms. Angela M. Stepherson
Coats, Rose, Yale, Ryman& Lee, PC
5420 LBJ Freeway. Suite 1300
Dallas, Texas 75240
Mr. Marc P. Paquette, P.E.
JacobsCarter Burgess, Inc.
77 Main Street
Fort Worth, Texas 76102
Tony Walker
TCEQ Region 4
2309 Gravel Drive
Ton`v►'orth, Texas 76118-695 Marty Hendrix,Hendrix City Secretary
City of Fort Worth
1060 Throckmorton
Fort Worth, Texas 76102
Jeane Brunson, County Clerk
Parker County
1112 Santa Fe Drive
Weatherford, Texas 76086
R. Michael Eastland, Executive Director
North Central Texas Council of Governments
P.O. Box 5888
Arlington, Texas 76005-5888
Texas Commission on Environmental Quality
P. O. Box 13087
Austin, Texas 78711-3087
Todd Galiga, Senior Attorney, Environmental Law Division, MC-173
Greg Charles, Technical Manager, Utilities and Districts Section, MC-152
Skip Ferris,Utilities and Districts Section, MC-152
Komal Patel, Utilities&Districts Section, Water Supply Division, MC-153
Blas Coy, Office of the Public Interest Counsel, MC-103
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TCEQ-OFFICE OF THE CHIEF CLERK Morningstar Ranch MUD 2
MC-105 Attn: Notice Team TCEQ IC No. 02262009-1302 CID#67667
PO Box 13087 Notice of District Petition—Creation
Austin TX 78711-3087
AFFIDAVIT OF PUBLICATION
STATE OF TEXAS
COUNTY OF
Before me, the undersigned authority, on this day personally appeared
, who being by me duly sworn,
(name of newspaper representative)
deposes and says that (s)he is the
(title of newspaper representative)
of the ; that said newspaper is regularly
(name of newspaper)
published or circulated in County/Counties,
(name of county or counties)
Texas; that the attached notice was published in said newspaper on the following dates:
(date or dates of publication)
Newspaper Representative's Signature
Subscribed and sworn to before me this the day of ,
20 , to certify which witness my hand and seal of office.
Notary Public in and for the State of Texas
(Seal)
Print or Type Name of Notary Public
My Commission Expires
t
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
TL O,
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NOTICE OF DISTRICT PETITION
TCEQ Internal Control No. 02262009-D02
PETITION. WYA THE RANCH AT MARY'S CREEK, Ltd. (Petitioner) filed a petition for
creation of Morningstar Ranch Municipal Utility District No. 2 of Parker County (District) with
the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to
Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the
Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the
TCEQ.
The petition states the following: (1) the Petitioner is the owner of a majority in value of the
land, consisting of two tracts, to be included in the proposed District; (2) there is one lien holder,
Premier Bank, on the property to be included in the proposed District; (3) the proposed District
will contain approximately 356.829 acres located in Parker County, Texas; and (4) the land
within the proposed District is within the extraterritorial jurisdiction of the City of Fort Worth,
Texas (City).
The territory to be included in the proposed District is set forth in a metes and bounds description
designated as Exhibit "A" and is depicted in the vicinity map designated as Exhibit "B" both of
which are attached to this document.
The petition further states that the proposed District: (1) will purchase, construct, acquire,
provide, maintain and operate a waterworks and sanitary sewer system for municipal, domestic,
industrial and commercial purposes; (2) will acquire, construct, operate and maintain a system to
gather, conduct, divert, and control local storm water or other local harmful excesses of water
within the District; (3) will acquire, construct, provide for a system of thoroughfare, arterial, and
collector roads; and (4) may purchase, construct, acquire, provide, operate, maintain, repair,
improve, or extend inside or outside of its boundaries such additional improvements, facilities,
plants, equipment, and appliances consistent with the purposes for which the District is
organized, all as more particularly described in an engineer's report filed simultaneously with the
filing of the petition.
According to the petition, the Petitioner has conducted a preliminary investigation to determine
the cost of the project and from the information available at the time, the cost of the project is
estimated to be approximately $24,354,595.
s
1
CONTESTED CASE HEARING. The TCEQ may grant a contested case hearing on this
petition if a written hearing request is filed within 30 days after the newspaper publication of this
notice.
To request a contested case hearing, you must submit the following: (1) your name (or for a
group or association, an official representative), mailing address, daytime phone number, and fax
number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the
statement "Uwe request a contested case hearing"; (4) a brief description of how you would be
affected by the petition in a way not common to the general public; and (5) the location of your
property relative to the proposed District's boundaries. You may also submit your proposed
adjustments to the petition. Requests for a contested case hearing must be submitted in writing
to the Office of the Chief Clerk at the address provided in the information section below.
The Executive Director may approve the petition unless a written request for a contested case
hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request
is filed, the Executive Director will not approve the petition and will forward the petition and
hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission
meeting to determine whether a contested case hearing will be held. If a contested case hearing
is held, it will be a legal proceeding similar to a civil trial in state district court.
INFORMATION. Written hearing requests should be submitted to the Office of the Chief
Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning
the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For
additional information, individual members of the general public may contact the Districts
Review Team, at 1-512-239-4691. Si desea informacion en Espanol, puede Ilamar al 1-512-239-
0200. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.
Issued: March 25, 2009
EXHIBIT A
LEGAL DESCRIPTION
MorningStar RANCH MUD No.2 North
BEING a tract of land situated in the J.D. Morris Survey,Abstract Number 927, and the M.S.
Teeter Survey, Abstract Number 2070, both of Parker County,Texas, and being a portion of that
tract of land conveyed to WYA THE RANCH AT MARY'S CREEK,LTD. by deed recorded in
Book 2463,Page 618 of County Records, Parker County, Texas and being more particularly
described by metes and bounds as follows;
BEGINNING at a fence post found at the northeast corner of said WYA THE RANCH AT
MARY'S CREEK,LTD. tract;
THENCE S 00022'37"W, 354.77 feet along the east line of said WAY THE RANCH AT
MARY'S CREEK,LTD. tract;
THENCE N 90000'00"W, 121.22 feet;
THENCE S 38052'39"W, 65.14 feet to the beginning of a non-tangent curve to the left;
THENCE with said non-tangent curve to the left, an arc distance of 43.25 feet, through a central
angle of 49°33'56",having a radius of 50.00 feet, the long chord of which bears S 81°10'36"W,
41.92 feet;
THENCE S 89036'00"W,73.55 feet;
THENCE S 00000'00"W,750.02 feet;
THENCE S 89°36'00"W, 541.14 feet;
THENCE N 00000'00"E, 19.64 feet;
THENCE N 90000'00"W, 170.00 feet;
THENCE S 00000'00"W, 340.00 feet;
THENCE N 90000'00"W, 120.00 feet;
THENCE N 81003'37"W, 51.32 feet;
THENCE S 89036'00"W, 119.30 feet;
THENCE N 00000'00"E, 264.84 feet;
THENCE N 63005'05"W, 143.02 feet;
C&B Job No. 014574.010.1.0601
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THENCE N 71°15'S4"W, 117.86 feet;
THENCE S 48°30'03"W, 90.00 feet;
THENCE S 40014'35"W, 80.41 feet;
THENCE N 68011'35"W, 123.38 feet;
THENCE N 50027'56"W, 51.97 feet;
THENCE N 64033'52"W, 139.53 feet;
THENCE N 20050'19"E, 25.00 feet;
THENCE N 25022'44"W, 111.32 feet;
THENCE N 13041'36"E, 146.01 feet to the beginning of a non-tangent curve to the right;
THENCE with said non-tangent curve to the right, an arc distance of 23.33 feet,through a
central angle of 2614359",having a radius of 50.00 feet, the long chord of which bears
N 09031'17"W, 23.12 feet to the beginning of a reverse curve to the left;
THENCE with said reverse curve to the left, an arc distance of 36.14 feet,through a central
angle of 41024'35", having a radius of 50.00 feet, the long chord of which bears N 16"51'35"W,
35.36 feet;
THENCE N 37033'53"W, 129.89 feet;
THENCE N 90000'00"W, 180.71 feet;
THENCE N 78041'24"W, 152.97 feet;
THENCE N 63026'15"W, 55.90 feet;
THENCE N 90000'00"W, 820.00 feet;
THENCE N 00°00'00"E, 170.00 feet;
THENCE N 90000'00"W, 750.00 feet;
THENCE S 00000'00"W, 545.00 feet;
THENCE S 07017'50"W, 60.49 feet;
THENCE S 14037'03"W, 225.51 feet;
i
C&B Job No. 014574.010.1.0601
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THENCE S 40042'12"W, 204.56 feet;
THENCE S 48053'04"E, 181.67 feet;
THENCE S 41006'56"W, 136,88 feet to the beginning of a non-tangent curve to the right;
THENCE with said non-tangent curve to the right, an are distance of 94.00 feet, through a
central angle of 107°42'57", having a radius of 50.00 feet, the long chord of which bears
S 53°29'31"W, 80.76 feet;
THENCE S 41006'56"W, 112.29 feet;
THENCE N 4302457"W, 90.41 feet;
THENCE N 32050'28"W, 139.36 feet;
THENCE N 59023'48"W, 173.98 feet;
THENCE N 67045'11"W, 330.00 feet;
THENCE S 22014'49"W, 97.79 feet to the beginning of a non-tangent curve to the right;
THENCE with said non-tangent curve to the right, an are distance of 113.92 feet, through a
central angle of 130032'26",having a radius of 50.00 feet,the long chord of which bears
S 77°09'43"W, 90.83 feet;
THENCE N 67045'11"W, 30 1.10 feet;
THENCE S 22014'49"W, 105.02 feet;
THENCE N 70026'11"W, 42.95 feet;
THENCE N 77004'10"W, 42.67 feet;
THENCE N 83040'51"W, 42.67 feet;
THENCE S 89038'35"W, 133.71 feet;
THENCE S 76042'29"W,46.11 feet;
THENCE S 89029'09"W, 135.00 feet;
THENCE S 89050'00"W, 855.77 feet to the beginning of a non-tangent curve to the right;
THENCE with said non-tangent curve to the right, an arc distance of 484.44 feet, through a
central angle of 15°00'16", having a radius of 1849.86 feet, the long chord of which bears
C&B Job No. 014574.010.1.0601
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N 07056'34"W, 483.05 feet to a TXDOT (Texas Department of Transportation)found;
THENCE N 00027'14"W, 796.76 feet to a TXDOT found, the beginning of a curve to the right;
THENCE with said curve to the right, an are distance of 461.67 feet, through a central angle of
03°29'24", having a radius of 7579.44 feet, the long chord of which bears N O1119'36"E,461.59
feet;
THENCE S 89016'35"E, 2435.23 feet fence post found;
THENCE S 00025'15"E, 247.80 feet to a fence post found;
THENCE N 89057'17"E,4214.04 feet to the POINT OF BEGINNING and containing
180.219 acres of land, more or less.
NOTE
This document was prepared under 22TAC §663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property, except those
rights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared.
C&B Job No. 014574.010.1.0601
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LEGAL DESCRIPTION
MorningStar RANCH MUD No.2 South
BEING situated in the M. Teeter Survey,Abstract Number 2070, the P.J.McClary Survey,
Abstract Number 907, and the W. Cagle Survey, Abstract Number 2373,Parker County,Texas,
and being a portion of that tract of land described by deed to WYA THE RANCH AT MARY'S
CREEK, LTD. as recorded in Book 2463, Page 618, Deed Records, Parker County,Texas, and
being more particularly described by metes and bounds as follows:
COMMENCING at a Texas Department of Transportation (TXDOT)monument found at the
northerly southwest comer of said WYA THE RANCH AT MARY'S CREEK, LTD. tract.;
THENCE along the westerly line of said WAY THE RANCH AT MARY'S CREEK, LTD.
tract, the following bearings and distances:
N 00032'56"W,562.53 feet to the POINT OF BEGINNING;
N 00032'56"W,289.44 feet to a 1/2 inch iron rod with cap found;
N 00°32'34"W,292.60 feet to a TXDOT monument found;
N 00013'30"W, 12.98 feet to an iron rod found;
N 00032'18"W, 1787.12 feet;
N 04056'41"E, 50.20 feet;
N 00030'10"W, 100.04 feet to a TXDOT monument found;
N 06014'31"W,50.09 feet to a TXDOT monument found;
N 00028'55"W,47.43 feet to a TXDOT monument found;
N 02002'20"W, 155.80 feet to a TXDOT monument found;
N 06027'57"E, 104.41 feet to a TXDOT monument found;
N 06045'31"W,221.88 feet;
THENCE S 89057'22"E, 347.64 feet leaving said westerly line;
THENCE N 87004'13"E, 50.05 feet;
THENCE N 71034'26"E, 96.53 feet;
I
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THENCE N 70049'02"E,45.68 feet;
THE, N 57044'58"E, 461.86 feet;
THENCE N 69039'33"E, 180.01 feet;
THENCE S 23002'17"E, 84.57 feet;
THENCE N 86017'21"E, 96.81 feet;
THENCE S 07053'29"E, 230.10 feet;
THENCE S 16010'32"E, 171.96 feet;
THENCE S 24050'19"E,405.32 feet;
THENCE N 65009'41"E,310.00 feet;
THENCE S 24050'19"E, 1167.78 feet;
THENCE N 69016'09"E; 168.18 feet;
THENCE N 65000'30"E, 131.35 feet;
THENCE S 65008'10"E, 271.21 feet;
THENCE S05040'55"E, 127.64 feet;
THENCE N83024'51"E,55.99 feet;
THENCE S06035'44"E, 1400.02 feet;
THENCE S83024'16"W, 15.00 feet;
THENCE S06035'44"E, 110.00 feet;
THENCE S83024'16"W, 350.00 feet;
THENCE S75023'58"W, 157.00 feet to the beginning of a non-tangent curve to the left;
THENCE with said non-tangent curve to the left, an arc distance of 14.10 feet, through a central
angle of 16009'31",having a radius of 50.00 feet, the long chord of which bears S56016'54"E,
14.05 feet to the beginning of a reverse curve to the right;
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THENCE with said reverse curve to the right, an arc distance of 113.11 feet, through a central
angle of 129°36'58", having a radius of 50.00 feet, the long chord of which bears S00°26'49"W,
90.49 feet;
THENCE S05039'40"W,22.14 feet;
THENCE S30003'08"W, 137.47 feet;
THENCE S47038'34"W, 190.28 feet;
THENCE N81059'04"W,494.11 feet;
THENCE N08°42'25"E, 137.06 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 104.46 feet, through a central angle of
11017'33",having a radius of 530.00 feet, the long chord of which bears N14°21'11"E, 104.29
feet;
THENCE N19059'58"E, 119.12 feet;
THENCE N70°49'05"W, 106.81 feet;
THENCE N78005'25"W, 94.26 feet;
THENCE N86027'16"W, 95.53 feet;
THENCE S87009'53"W,46.34 feet;
THENCE S85°48'15"W, 1514.69 feet to the POINT OF BEGINNING and containing 176.610
acres of land more or less.
NOTE
This document was prepared under 22TAC §663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property, except those
rights and interests implied or established by the creation or reconfiguration of the boundary of
the political subdivision for which it was prepared.
C&B Job No. 014574.010.1.0601
S#Parker February 13, 2008
J:ITOB\01457401\SUR\WP\LEG\4754_exmud2_s.doc Page 3 of 3
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Pagel of 2
Tidwell, Allison
From: Gray, Allison M.
Sent: Wednesday, August 19, 2009 11:10 AM
To: Gonzales, Ronald; Alanis, Susan
Cc: Fullenwider, Sarah; Burghdoff, Dana; Hendrix, Marty; Cole, Tennie; Madison, Menique; Otis, Sarah; Seidel,
Nicole M.; Tidwell, Allison; Tinker, Marlena; Knight, Beth
Subject: RE: MUD Contracts
Ron,
I have contacted Marcella Olson, the attorney for the Municipal Utility District and she has spoken to the representatives
of the district. The contracts that we received and were partially executed were picked up and returned to the District for
their execution and recording. The contracts required that the documents be executed within 60 days of the confirmation
of the district. Due to the economy and some personnel changes with the property owner the district has not yet been
confirmed. There is not a date certain for that district confirmation.
So Ron, the contracts are in the possession of the Municipal Utility District and have not been fully executed yet. The
property owner believes that someone will purchase the property, confirm the district, execute the contracts and move
forward. Unfortunately, I can't tell you when we will get fully executed contracts returned to us.
If you have any questions or need further information please let me know and I will tell you what I can,
Allison
From: Gonzales, Ronald
Sent: Thursday, August 13, 2009 3:31 PM
To: Alanis, Susan; Gray, Allison M.
Cc: Fullenwider, Sarah; Burghdoff, Dana; Hendrix, Marty; Cole, Tennie; Madison, Menique; Otis, Sarah; Seidel, Nicole M.;
Tidwell, Allison; Tinker, Marlena
Subject: RE: MUD Contracts
I1' the pl-actice cannot be tinspended thell Nve I-eco►nn►('ncl t�vo copies of the contract be I►rovi(le(l
I'm. n►►n►bel-ing. We will Maintain a cope heiv for ifiV 01'1'i(.i;11 I.V(I)NI (► ►(1 r14nr►► onV to You for
1'1111 execlition. 'I'1►,►nk You suti►in and kllison.
Ikon
From: Alanis, Susan
Sent: Thursday, August 13, 2009 3:08 PM
To: Gonzales, Ronald; Gray, Allison M.
Cc: Fullenwider, Sarah; Burghdoff, Dana
Subject: Re: MUD Contracts
Ron:
I will find out why you haven't received it and resolve that if possible. It will not be possible to suspend this practice
altogether due to the cross-referencing in them. It has always been anticipated that there could be a long gap before final
execution because some cannot be signed until formation of the separate governmental entities. With the slowdown in
development, they may be slowed even further. It makes sense to me for your office to have the official record even
though they are partially executed so they are available for public inquiry.
Allison:
Please see what is going on with these in particular.
8/19/2009
Page 2 of 2
Thanks,
Susan
From: Gonzales, Ronald
To: Gray, Allison M.
Cc: Burghdoff, Dana; Alanis, Susan
Sent: Thu Aug 13 14:59:23 2009
Subject: MUD Contracts
Allison,
I have been informed that, our office has assigned 14 contract numbers, for MITI) contracts for
which we have not received the fully executed dociunent. The contract numbers are as follows:
36200, 362019 36202, 36462, 364639 364649 364659 36466, 36467, 36468, 37136, 371379 37138, 37139
and 37140
In the past, Marty had agreed to issue contract numbers for the MITI) contracts as we were
advised that we would receive the executed contract for processing and maintenance upon all
signatures being obtained. Since we have not received the executed copies for the above MITI)
contracts, Marty has directed that effective today we are not to issue contract nuunbers for any
MITI) contract that is not fully executed.
At your earliest opportunity, please provide the executed copies of the above MITI) contracts for
our records, if a,va,ilable. If they are not available, please advise who we tray contact to obtain
the copies. Thank you.
Ron Gonzales
Assistant City Secretary, City of Foil, Worth
Ronald.Gonzales(i fortworth roh , v.or
817.392.6164
"With Our Teamworl, the I.1rmm Works"
8/19/2009