HomeMy WebLinkAboutContract 48647-A1CITY SECRETARY
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AMENDMENT TO AGREEMENT
CONCERNING OPERATION OF ALPHA RANCH FRESH WATER SUPPLY
DISTRICT NO. 1 OF DENTON AND WISE COUNTIES
CITY SECRETARY CONTRACT NO. 48647-Al
This Amendment to Agreement Concerning Operation of Alpha Ranch Fresh Water Supply
District No. 1 of Denton and Wise Counties (this "Amendment") is entered into by 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 Alpha Ranch Water Control and hnprovement District of Denton and Wise
Counties , formerly Alpha Ranch Fresh Water Supply District No . 1 of Denton and Wise Counties
(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, 51 and 53 , Texas Water Code,
as amended, effective upon execution by the City and the District (the "Effective Date").
RECITALS
A. The District encompasses approximately 1,477.741 acres of land in Denton and Wise
Counties, Texas, in the City 's extraterritorial jurisdiction.
B. The District was formerly a fresh water supply district known as Alpha Ranch Fresh
Water Supply District No. 1 of Denton and Wise Counties. The District converted to a water
control and improvement district effective September 19, 2019 and changed its name to Alpha
Ranch Water Control and hnprovement District of Denton and Wise Counties by order of the
Texas Commission on Environmental Quality dated June 15, 2021.
C. On June 22, 2021, the City Council of the City approved Resolution No. 5426-06-2021
(the "Consent Resolution") consenting to the addition of approximately 522.653 acres of land
described in Exhibit B attached hereto (the "Additional Property") to the District.
D. The City Council's consent to annexation of the Additional Property by the District is
subject to execution by the City and the appropriate parties of amendments to certain agreements ,
including without limitation the Agreement Concerning Operation of Alpha Ranch Fresh Water
Supply District No. 1 of Denton and Wise Counties, City Secretary Contract No. 48647 (the
"Operation Agreement").
E. Upon annexation of the Additional Property by the District, the District will encompass
approximately 2 ,000.394 acres of land shown on Exhibit A and described in Exhibits B-1, B-2
and B-3 to the Operation Agreement and Exhibit B-4 attached hereto ( collectively, the
"Property").
NOW, THEREFORE, in consideration of the premises, mutual promises , covenants,
obligations, and benefits herein contained, the City and District agree to amend the Operation
Agreement, as follows :
~ SCANNED
Amendment to Agreement Concerning Operation of Alpha Ranch Fresh Water Supply District No . 1 of Dent -d RECORD
Wi se Counties -Page 1
t I ft' SECRETARY
FT. WORTH, TX
AGREEMENT
1. Section 4.04, "Road Projects," is amended in its entirety to read as follows :
This Agreement hereby authorizes and further consents to the District undertaking the
Road Projects within the District and to the issuance by the District of Bonds for the Road
Projects. In consideration for the City's consent to the Road Projects, the District agrees
that the total amount of Bonds issued by the District and all districts resulting from division
of the District for all purposes (excluding refunding Bonds) shall not exceed the then-
current voted utility and bond authorization (the "Bond Limit Amount"). The District
acknowledges that the Bond Limit Amount is sufficient to accomplish the purposes of the
District and that the District has voluntarily agreed to the Bond Limit Amount in
consideration for the City's consent to the issuance of Bonds for the Road Projects. 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.
2. Section 4.05, "Bond Requirements," is amended to delete Section 4 .05(vi) and to amend
Section 4.05(v) to read as follows:
No Bonds shall be issued by the District or by a district resulting from division of the
District (a "Resulting District") after December 14, 2042, without the City's written
approval; and
3. Section 4.11, "Reimbursement Agreements," is amended to delete Section 4.1 l(c) and to
amend Section 4 .11 (b) to read as follows:
(b) All agreements entered into by the District or a Resulting District for reimbursement
of costs incurred in connection with such District or Resulting District shall provide that
(i) the District or Resulting District will not reimburse the landowner or developer for costs
unless such costs are evidenced by Bonds issued before December 14, 2042, unless the
City consents in writing; and (ii) the landowner or developer waives all claims against the
City for reimbursement of obligations not evidenced by Bonds issued before December 14,
2042.
4. A new section 4.12, "District Tax Rate; Establishment of Fund" is added to read as follows:
Beginning January 1, 2023 and each year thereafter, the District and Resulting Districts, if
any, 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 provided a
$1.00 tax rate is permitted by law. If a $1.00 total ad valorem tax rate is not permitted by
law, the District and Resulting Districts, if any, shall levy the highest total ad valorem tax
rate permitted by law. Monies collected through such tax shall be used to pay the debt
service on such District's or Resulting District's outstanding bonds, and operating costs
and any other legally allowable costs of the District or Resulting District, and to establish
Amendment to Agreement Concerning Operation of Alpha Ranch Fresh Water Supply District No . 1 of Denton and
Wise Counties -Page 2
a fund to assist the City in absorbing the costs of the District or Resulting District when the
City annexes all the land in the District or Resulting District and dissolves such district.
5. Section 8.04, "Full Purpose Annexation," is amended to read as follows in its entirety:
The City shall not annex all or any portion of the Property or the Additional Property within
the District or a Resulting District for full purposes until the first to occur of (i) the
dissolution of such District or Resulting District; or (b) the date construction of water,
sanitary sewer, drainage and road facilities to serve 90% of the Property and Additional
Property within the District or Resulting District is complete and bonds have been issued
by the District or Resulting District to reimburse Owner or developer for such facilities; or
(iii) the twentieth anniversary of the Effective Date of this Amendment.
6. Exhibit A to the Operation Agreement is replaced by Exhibit A attached hereto .
7. Except as amended by this Amendment, the Operation Agreement remains in full force
and effect.
8. This Amendment is approved in furtherance of Section 3 of the Consent Resolution.
IN WITNESS WHEREOF, each Party has caused this Agreement to be executed by its
undersigned duly authorized representative in multiple copies on the date or dates indicated below.
SIGNATURES APPEAR ON NEXT PAGE
Amendment to Agreement Conc erning Operation of Alpha Ranch Fresh Water Supply District No . 1 of Denton and
Wise Counties -Page 3
APPROVED AS TO FORM AND
LEGALITY:
JifVL ~ ivYYktuXnl/t
• C
Assistant City Attorney
STATE OF TEXAS §
§
COUNTYOFTARRANT §
CITY OF FORT WORTH
By:,_-'/_S,~~~~-l------
Dan
Date : l lh ~?--, •
This instrument was acknowledged before me, on the lla day of 1).o,~ , 2022,
by Dana Burghdoff, Assistant City Manager of the CitY, [Fort Worth, Texas on behalf of said
City.
~t~~r,:J;,,., TRACEY RENEE MARTIN
§i/J.:;(t,-:;. Notary Public, State of Texas
~;.: .. 'P{~~i'i Comm . Expires 03-05-2023 o::.;t,Rf;~,$ Notary ID 131918022
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
, '"~r CO Amendment to Agreement Concerning Operation of Alpha Ranch Fresh Water Supply District No. 1 or Den o RD
Wise Counties -Page 4 tr rv SEC RETARY
FI. WORTH, TX
STATE OF TEXAS
COUNTY OF -----
§
§
§
ALPHA RANCH WATER CONTROL AND
IMPROVEMENT DISTRICT OF DENTON
AND WISE COUNTIES
By: --------------
President, Board of Directors
Name: -------------
Date: --------------
This instrument was acknowledged before me, on the _ day of _____ _
2022, by _________ ., President, Board of Directors of Alpha Ranch Water
Control and Improvement District of Denton and Wise Counties, on behalf of said district.
Notary Public, State of Texas
Printed Name: ----------
Amendment to Agreement Concerning Operation of Alpha Ranch Fresh Water Supply District No . 1 of Denton and
Wise Counties -Page 5
Exhibit A
Map of the District After Annexation of the Additional Property
H!ll PELOTO N
~ J..Jlo "'O lCL U 't f ONS
Alpha Ranch District
Octobiir 202 1
Exhibit A
Exhibit B-4
Legal Description of the Additional Property
Tract One
Being a 267.266 acre tract ofland situated in the Smith County School Land Survey, Abstract
No . 743, Wise County, Texas, being all of that certain called 261.000 acre tract of land conveyed
to JLC Farm, LLC, of record in Document No. 2016-03051 Official Records, Wise County,
Texas, and being described in described in partition deed as First Tract to Billy Boyd Logan, and
wife, Jan Logan as (East 100 acres of Block 4 & 6) and Second Tract to C.E. Griffeth and wife,
June Larue Griffeth (West 134 acres of Block 4 and 6) ofrecord in Volume 223, Page 305 of the
Deed Records of Wise County, Texas, said subdivision of Smith County School Land Survey in
record in Volume P, Page 347 of the Deed Records of Wise County, Texas , and a portion of a
47.5 acre tract ofland out of Lot 5, Smith County School Land Survey, as described in deed to
Scott Kelley, recorded in Volume 243, Page 485, Deed Records, Wise County, Texas, also being
a subdivision of Smith County School Land Survey, Save and Except, Remainder of 5 acre
(Parcel Two) Byron Hatfield, Trustee, as described in Volume 412, Page 785, Deed record Wise
County Texas and Save and Except 14.923 acres, to the State of Texas, as described in Volume
657, Page 320, Deed Records, Wise County Texas, and being more particularly described by
mete and bounds and follows:
BEGINNING at a 1/2-inch iron rod found in County Road 4840 , the Southwest comer of said
47.5 acre tract, same being the southeast comer of a 62.43 acre tract ofland conveyed to Roberta
Ann Remillard by deed of record in Volume 246, Page 431 of the Real Property Records of Wise
County, Texas, and being in the North line of that certain called 285 acre tract ofland described
in the deed to BDay Limited Partnership, recorded in Document No. 201811091, Official
Records, Wise County, Texas, from which a 1/2-inch iron rod found for reference bears
S89°05'42"W, a distance of 344.48 feet;
THENCE along the west line of the 47.5 acre tract, same being the east line of the said 62.43
acre tract the following three (3) courses and distances:
1. N00 °01 '31 "W (N00 °38'22"E 1333.33'), with the west line of the 47.5 acre tract, same
being the east line a distance of 1332.56 feet to a 5/8-inch iron rod with plastic cap stamped
"Landpoint" set (herein referred to as capped iron rod set) for comer;
2 . S89 °59'40"E (S89°21 '15"E 1328.74'), a distance of 1328.74 feet to a capped iron rod set
for a comer;
3. N00°25'20"W (N00°13'05"E 1340.82'), a distance of 1340.11 feet to a capped iron rod set
for the Southeast comer of that certain called 21 .335 acre tract of land being described in the
Deed to Mendez, LTD., recorded in Volume 1040, Page 536, Deed Records, Wise County,
Texas;
THENCE N00 °22'38"W (S00 °21'38"E), with the East line of said 21.335 acre tract of land, a
distance of 282.40 feet to a capped iron rod set for the Southwest comer of that certain called
5.00 acre tract ofland described in the deed to Floyd Earl Gray and wife, Linda Griffeth Gray,
recorded in Volume 412, Page 785, Deed Records, Wise County, Texas;
Exhibit B-4 -Page 1
THENCE N89°48'22"E (S89°49'E), with the South line of said 5.00 acre tract ofland, a distance
of 219 .11 feet to a capped iron rod set for the Southeast comer thereof;
THENCE N00°22'38"W (North 855.27'), with the East line of said 5.00 acre tract ofland, a
distance of 855.30 feet to a capped iron rod set in the South Right-of-Way Line of State Highway
114 for the Northwest comer of the herein described, said comer being at STA. 182+67.66' (per
C.S.J. R.O.W. Map C.S.J. 353-01-017), from which a iron rod found for the northwest comer of
the remainder of 5.00 acre tract bears, S89 °48'22"W, a distance of 218.80 feet;
THENCE with the South right-of-way line of said State Highway 114, the following five (5)
courses and distances:
1. N89°48'22"E (record -S89 °39'01"E), a distance of 1432.03 feet (record-1432.34 feet) to
a capped iron rod set for comer;
2 . S59 °13'48"E (record -S59 °13'48"E), a distance of 116.62 feet (record -116.62 feet) to a
capped iron rod set for comer;
3. N89°48'22"E (record-S89 °39'01"E), a distance of900.00 feet (record -900 .00 feet) to a
capped iron rod set for comer;
4. N89°03'08"E (record -N89 °03'08"E), a distance of 760.07 feet (record-760.07 feet) to a
3/4-inch iron rod with cap stamped TXDOT found for comer;
5. N89 °48'22"E (record -S89°39'0l"E), a distance of 580.45 feet (record-572.46 feet) to a
capped iron rod set for the northeast comer of said tract herein described, said comer being at
STA. 220+32.46 (per C.S.J. R.O.W. Map C .S.J. 353-01-017), from which a 5/8-inch iron rod
found for the northwest comer of that certain called 171 . 89 acre tract of land described in the
deed to CTMGT Alpha Ranch, LLC, recorded in Document No. 2012-9581, Official Records,
Wise County, Texas bears N88°57'33 "E, a distance of 34.14 feet;
THENCE S00 °03'49"E (S00 °03'46"E), with the west line of said 171 .89 acre tract ofland and
with a west line of that certain called 1122.139 acre tract of land described in the deed to
CTMGT Alpha Ranch, LLC, recorded in Document No. 2012-9545, Official Records , Wise
County, Texas, a distance of 2416.66 feet to a capped iron rod set for a reentrant comer of said
1122.139 acre tract of land and the most easterly Southeast comer of said tract herein described,
same being the southeast comer of Lot 4, Smith County School Lands Subdivision;
THENCE S89 °22'30"W (N89°27'32"E 3744.75'), with the south line of the 266.254 acre tract,
same being the south line of the east 100 acre portion of Lots 4 & 6 and the north line of said
1122.139 acre tract ofland; a distance of 3752.34 feet to a concrete monument found at the
northeast comer of the 47 .5 acre tract, same being an angle point in the west line of the 1122 .139
acre tract;
THENCE S00 °03'24"W (N00 °08'07"E 1320.58'), with the east line of the 47 .5 acre tract, same
being the west line of said 1122.139 acre tract of land a distance of 1321 .28 feet to a point in said
County Road 4840 at the northeast comer of said 285 acre tract of land and the most southeast
comer of the 47.5 acre tract, from which a mag nail found for reference bears N88 °47'38"E, a
distance of 3. 79 feet;
Exhibit B -4 -Page 2
THENCE N89°48'30"W (S89 °34'39"E 1555.66'), along the south line of the 47 .5 acre tract, the
south line of Lot 5, Smith County School Lands Subdivision, the approximate centerline of
County Road 4840 and with the north line of said 285 acre tract of land, a distance of 1551 . 71
feet to the POINT OF BEGINNING and containing 267.266 acres ofland.
Tract Two
Being all that certain tract or parcel ofland situated in the M .E.P. & P.R.R. Co. Survey, Abstract
No. 632, Wise County, Texas , being all of that certain called 285 acre tract of land described in
the deed to BDA YT Limited Partnership , recorded in Document No. 201811091 , Official Records ,
Wise County, Texas and being more particularly described by mete and bounds and follows :
BEGINNING at the Southeast comer of the tract being described herein at a 3/8-inch iron rod
found in the West line of that certain called 1122 .139 acre tract ofland described in the deed to
CTMGT Alpha Ranch, LLC, recorded in Document No. 2012-9545, Official Records, Wise
County, Texas for the Northeast comer of that certain tract ofland described in the deed to Ann
Lindsey ReMillard Draudt, recorded in Document No. 2008-19730 , Official Records, Wise
County, Texas and the Southeast comer of said 285 acre tract of land, from which a 1/2-inch iron
rod found for the Southwest comer of said 1122.139 acre tract ofland bears S00 °02'26"W, a
distance of 688.16 feet ;
THENCE S89°46'09"W (West 3116.67'), with the North line of said Draudt tract of land and the
South line of said 285 acre tract of land, a distance of 2840 .97 feet to a 4-inch steel fence comer
post found for the Southeast comer of that certain tract of land described in the deed to Max
Lindsey Jr. and wife, Beverly Lindsey, recorded in Volume 1519 , Page 187 , Official Records,
Wise County, Tex as and the Southwest comer of said tract herein described;
THENCEN00 °39'28"E (North3983 .33'), with the East line ofsaidLindseytractofland, a distance
of 1985.74 feet to a 1/2-inch iron rod found for the Northeast comer thereof and the Southeast
comer of that certain called 59 . 73 acre tract of land described in the deed to Craig K. Lindsey,
recorded in Volume 246, Page 427, D eed Records , Wise County, Texas;
THENCE N00°35'47"E (North 3983.33 '), with the East line of said 59 .73 acre tract ofland, passing
at a distance of 1960 .29 feet a 4-inch steel fence comer post found for reference and continuing on
said course for a total distance of 1977.58 feet to a point in County Road 4840 , in the South line
of that certain called 62.43 acre tract ofland described in the deed to Wanda L. Foster, recorded
in Volume 246, Page 419 , Real Records, Wise County, Texas for the Northwest comer of said
tract herein described, from which a RR spike found for reference bears N25 °26'36"W, a distance
of 2.21 feet;
THENCE S89°40'20"E (E ast 3116.67'), along said County Road 4840 and with the South line of
said 62.43 acre tract ofland, a distance of 557.81 feet to a Mag Nail found for comer;
THENCE N89°05'37"E (East 3116.67'), continuing along said County Road 4840 and with the
South line of said 62.43 acre tract of land, a distance of 346.10 feet to a 1/2-inch iron rod found
Exhibit B-4 -P age 3
for the Southeast comer thereof and the Southwest comer of that certain tract of land described in
the deed to Roberta Ann ReMillard, recorded in Volume 246, Page 431, Real Records, Wise
County, Texas;
THENCE N89°05'42"E (East 3116.67'), continuing along said County Road 4840 and with the
South line of said ReMillard tract of land, a distance of 344.48 feet to a 1/2-inch iron rod found
for the Southeast comer thereof and the Southwest comer of that certain called 261.000 acre tract
ofland described in the deed to JLC Farms, LLC, recorded in Document No. 201603051, Official
Records, Wise County, Texas;
THENCE S89°48'30"E (East 3116.67'), continuing along said County Road 4840 and with the
South line of said 261.000 acre tract ofland, a distance of 1552.08 feet to in the West line of said
1122.139 acre tract ofland for the most Southerly Southeast comer of said 261.000 acre tract of
land and the Northeast comer of said tract herein described, from which a Mag Nail found for
reference bears N88°47'38"E, a distance of 3.79 feet;
THENCE S00 °02'26"W (South 3983.33'), with the West line of said 1122 .139 acre tract of land,
a distance of 3954.17 feet to the POINT OF BEGINNING and containing 256.399 acres of land.
Exhibit B-4 -Page 4