HomeMy WebLinkAboutResolution 4725-12-2016 A Resolution
NO. 4725-12-2016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS CONSENTING TO THE ADDITION OF 171 ACRES OF LAND BY
ALPHA RANCH FRESH WATER SUPPLY DISTRICT NO. 1 OF DENTON AND
WISE COUNTIES; PROVIDING FOR SEVERABILITY AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Section 49.301 of the Texas Water Code, as amended, CTMGT, LLC
(the "Landowner") has petitioned the City for the addition of approximately 171 acres of land (the
"Property") to the boundaries of Alpha Ranch Fresh Water Supply District No. 1 of Denton and Wise
Counties (the"District"); and
WHEREAS, the Property is located within the extraterritorial jurisdiction of the City of Fort
Worth, Texas (the"Cily"); and
WHEREAS, Section 42.0425 of the Texas Local Government Code requires that a political
subdivision such as the District may not add land that is located in the extraterritorial jurisdiction of a
municipality unless the governing body of the municipality gives its written consent by ordinance or
resolution; and
WHEREAS, the District has provided the City with a copy of the Landowner's petition for the
addition of the Property to the District and requested that the City provide a consent resolution
evidencing the City's consent to such addition of the Property to the District;
WHEREAS, the City Council finds that it is in the public interest to grant consent to the
addition of the Property to the District, taking into consideration the public health, safety and general
welfare;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS:
Section 1. The City hereby consents to the addition of the Property to the District, in
accordance with the Landowner's petition to the City for such addition. A copy of the Landowner's
petition, including the legal description of the Property, is attached hereto and incorporated herein by
reference as Exhibit "A".
Section 2. The consent of the City to the addition of the Property to the District does not in
any way release the Property from the extraterritorial jurisdiction of the City.
ARTWO T
Section 3. The terms and provisions of this Resolution shall be deemed to be severable and if
the validity of any section, subsection, sentence, clause, or phrase of this Resolution should be declared
to be invalid, the same shall not affect the validity of any other section, subsection, sentence, clause or
phrase of this Resolution.
Section 4. This Resolution shall take effect immediately upon its passage.
Adopted this 13th day of December, 2016.
44 oR�aa
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ATTEST:
0, *%
By:
Mary J. Kayi, tity cretary � '�°'°�
ORT WO
PETITION FOR CONSENT TO THE ADDITION OF LANDS TO
ALPHA RANCH FRESH WATER SUPPLY DISTRICT NO. 1 OF DENTON AND WISE
COUNTIES
STATE OF TEXAS §
COUNTIES OF DENTON AND WISE §
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
The undersigned, (hereinafter referred to as the"Petitioner'),being the holder of title to a
majority in value of the land hereinafter described by metes and bounds,acting pursuant to Section
42.4425 of the Texas Local Government Code and the applicable provisions of Chapter 49 of the
Texas Water Code,each as amended,hereby respecdWy petitions the City Council of the City of Fort
Worth,Texas, for its written consent to the addition of lands to Alpha Ranch Fresh Water Supply
District No. 1 of Denton and Wise Counties(the"Dilg is'l and to the inclusion of such land within
the District,and would show the following:
I.
The District is created and organized under the terms and provisions of Article XVI,Section
59 and Article III,Section 52 of the Constitution of the State of Texas,and Chapter 49 and 53,of the
Texas Water Codc.
II.
The District contains an area of approximately 1,293.736 acres of land,more or less situated in
Denton and Wise Counties, Texas. Petitioner seeks to add approximately 171 acres of land to the
District,as described in exhibit"A",attached hereto and incorporated harem by reference. No pelt of
the area within the District or proposed to be added to the District is within the limits of any
incorporated city,town or village,and no part of the District is within the extraterritorial jurisdiction
(as such term is defined in Chapter 42 of the Texas Local Government Code)of any city,town or
village except the City of Fort Worth,Texas. All of the land proposed to be added may properly be
added to the District.
III.
Petitioner holds title to a majority in value of the land to be added to the District,as indicated
by the tax rolls of Denton and Wise Counties,Texas.The lienholder has consented to the petition for
addition of the land described in Exhibit"X' as evidenced by the execution of this Petition.
Iv.
Petitioner agrees and states that the addition of such land to the District is feasible and
practicable,and would be a benefit to and to the advantage of the District,the herein described land
and all taxable property thereon. The District's present and future water supply,canals, water and
wastewater system,drainage system,roadway system and other improvements will be sufficient to
provide an adequate supply to the described land without injury to the lands of the District.
V.
Petitioner shall elect,accept and assume the proportionate part of the outstanding indebtedness
which may be owed,contracted or authorized by the District to be chargeable against the described
lands and all taxable property thereon on a pro rata basis. Said proportionate part of the indebtedness
is ascertained by dividing the taxable value of the described property and all taxable property thereon,
as determined and fixed in the tax rolls of the District,by the taxable values of the District as shown
by the same tax rolls, and multiplying this resulting percentage by the amount of the outstanding
indebtedness of the District.
VI.
Petitioner shall elect,accept,assume and acknowledge the District's right,power,duty and
necessity to assess,levy and collect taxes on and against the described land and all taxable property
thereon for the payment of any outstanding indebtedness which may be owed, contracted or
authorized by the District or any taxes levied for or in anticipation of the payment of such outstanding
indebtedness which may be owed,contracted or authorized by the District.
VII.
This Petition is filed acting pursuant to Section 42.0425 of the Texas Local Government Code
and the applicable provisions of Chapter 49 of the Texas Water Code,each as amended,and any and
all other applicable provisions of law.
2
WHEREFORE,Petitioner prays that this petition be heard and the City Council of the City of
Fort Worth,Texas,duly pass and approve a resolution or ordinance consenting to the addition ofthe
land described herein to the District.
RESPECTFULLY SUBMITTED this-L4!day of 2016.
PETITIONER:
CTMGT ALPHA RANCH,LLC,a Texas limited liability
company
By: Centamtar Terms LLC,a Texas Iimited liability
company,
its Sole Manager
By: CTMGT,LLC,a Texas Limited liability
company,
its Sole Manager
By:
ehrdad Moayedl
Manager
THE STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day
personalty appeared Mehrdad Moayedi, Manager of CTMGT,LLC,Manager of Centamtar Terras
LLC, Manager of CTMGT Alpha Ranch, U C, known to me to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the same as the act
and deed of such company.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this tit day of Meet.SC ,
2016.
dnr��s, COLINMOORE
s° •`b Nofay Public.State of texas
,,, Comm.EXPIM 05-12.2014
�'.� Notary to 1 50222551
Notary Public in and for the State of Texas
(Notary Seal)
Signature Page to PeWmforAd88on of LaNds
LIENHOLDER:
CHAMBERS BANK
By: C�
Name:
Title: Kea- 16x0,
THE STATE OF TuAs §
COUNTY OF�� §
BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day
personally appeared U1..1 561&4 , Qaw Pm*t&* of CHAMBERS BANK,known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same as the act and deed of such corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this tit day of
2016.
COLIN MOORE
Notary Public,state or texas Notary Public in and for the State of Texas
Comm.Exmes OS•1 2.2019
Notary ID 1$0222331
Signature Page to Peddon for Coxsent to the Addidon of Lands to
A4pha Ranch Fresh Water Supply Dlstrlet No.I of Dmon and Wise Coundes
EXHIBIT A
Legal Description of Property
[SEE ATTACHED]
42860.6
ESTABLISHED 1660
BROOKES BAKER SURVEYORS
DON W.HICKEY,RPLS.LSL8 A PROFEMO14AL CORPORATION BROOKES BAKER (1902-1965)
ALAN W.NICKEY,RPLS TITLE AND TOPOiSRApHIC SUMEyWQ JOHN F.BAKER R (19 2-19
CARRY W.OILLEY,RPLS,LSLB S.J.BAKER(1927-1999)
CONSULTANT awry,Tim 79019 FRED M.MORRIS(1909.1999)
January 10,2012 Fax 917.27949991
Page 1 of 7
Field notes for:
Parts of the JOSHUA KING SURVEY,Abstract No.712,the THOMAS PEOPLES SURVEY,
Abstract No.677 and the WILLIAM WALLACE SURVEY,Abstract No. 1434 situated in Wise
and Denton Counties,Texas;embracing a portion of the 1302-32511000 acres tract described in
the deed to Alpha Ranch,Ltd.recorded in volume 4645,page 306 of the Real Records of DeWon
County,Texas and a portion of the 15 acres tract described in the deed to Alpha Ranch,Ltd.
recorded in volume 982,page 770 of the Official Records of Wise County,Texas and described
by metes and bounds as follows:
The basis for bearings is the Texas Coordinate System North Central Zone NAD 83( 1993).The
lengths shown hereon are horizontal ground lengths.To convert horizontal ground lengths to grid
lengths multiply by 0.999834271.All 5/8"capped irons set called for in this description are
marked(BROOKES BAKER SURVEYORS).
Commencing at a Va"iron found for the northeast comer of said 1302-325/1000 acres tract and
for the northeast corner of the 7-4671/10000 acres tract described in the deed to the State of
Texas recorded in Document No.2009-94264 of the said Real Records and run,along the east
line of said 1302-325!1000 acres tract south 00 degrees-00 minutes-47 seconds west 1005-27/100
feet to a 5/8"capped iron set for the most easterly northeast and beginning corner of the tract
being described.
Thencc south 00 degrees-00 minutes-47 seconds west,continuing along the east line of said
1302-325/1000 acres tract, 106143/100 feet to a 5A"capped iron recovered on the bank of a
creek.
Thence northwesterly,along the bank of said creak,the following:
north 77 degrees-17 minutes-05 seconds west 116-40 1100 feet to a 5/8"capped iron
recovered;
north 32 degrees-28 minutes-35 seconds west 63-111100 feet to a 5/8"capped iron
recovered;
north 58 degrees-45 minutes-52 seconds west 157-02.100 feet to a 518"capped iron
recovered;
south 89 degrees-33 minutes-37 seconds west 131-65/100 feet to a 5/8"capped iron
recove=d;
south 57 degrees-15 minutes-12 seconds west 181-36/100 feet to a 5/8"capped iron
recovered;
s�
ESTABLISHED 1880
BROOKES BAKER
SURVEYORS
January 10,2012
Page 2 of 7
Field notes for.
south 82 degrees-38 minutes-29 seconds west 91-87/100 feet to a 5/8"capped iron
recovered;
south 88 degrees-03 minutes-29 seconds west 184-85/100 feet to a 5/8"capped iron
recovered;
north 84 degrees-11 minutes-04 seconds west 124-78/100 feet to a 5/8"capped iron
recovered;
south 60 degrees-09 minutes-04 seconds west 56-57/100 feet to a 518"capped iron
recovered;
north 76 degrees-34 minutes-24 seconds west 30-97/100 feet to a 5/8" capped iron
recovered;
north 38 degrees-19 minutes-29 seconds west 53-12/100 feet to a 5/8"capped iron
recovered;
north 55 degrees-04 minutes-31 seconds west 56-57/100 feet to a 5/8"capped iron
recovered;
north 65 degrees-39 minutes-07 seconds west 89-01 A 00 feet to a 5/8"capped iron
recovered;
north 83 degrees-46 minutes-32 seconds west 138-77/100 feet to a 5/8"capped iron
recovered;
north 85 degrees-50 minutes-20 seconds west 140-73/100 feet to a 5/8"capped iron
recovered;
north 68 degrees-19 minutes-49 seconds west 78-27/100 feet to a 518"capped iron
recovered;
north 87 degrees-33 minutes-52 seconds west 93-10/100 feet to a 5/8"capped iron
recovered;
north 87 degrees-29 minutes-07 seconds west 55-28/100 feet to a 5/8" capped iron
recovered;
south 72 degrees-16 minutes-16 seconds west 123-53/100 feet to a 518"capped iron
recovered;
south 12 degrees-39 minutes-52 seconds west 154-72/100 feet to a 5/8"capped iron
recovered;
south 62 degrees-03 minutes-00 seconds west 118-29/100 feet to a 5/8"capped iron
recovered;
south 62 degrees-03 minutes-15 seconds west 153-28/100 feet to a 5/8" upped iron
recovered;
north 78 degrees-58 minutes-48 seconds west 61-85/100 feet to a 518"capped iron
recovered;
north 59 degrees-20 minutes-46 seconds west 103-81/100 feet to a 5/8"capped iron
recovered;
ESTABLISHED laso
BROOKES BAKER
SURVEYORS
January 10,2012
Page 3 of 7
Field notes for
north 14 degrees-47 minutes-46 seconds west 52-42/100 feet to a 5/8"capped iron
recovered;
north 24 degrees-09 minutes-46 seconds west 66-08/100 feet to a 5/8"capped iron
recovered;
north 49 degrees-38 minutes-53 seconds west 78-58/100 feet to a 5/8"capped iron
recovered;
north 53 degrees-25 minutes-50 seconds west 236-42/100 feet to a 518"capped iron
recovered;
north 44 degrees-59 minutes-34 seconds west 102-51 /100 feet to a 5/8"capped iron
recovered;
south 88 degrees-00 minutes-28 seconds west 61-59/100 feet to a 5/8"capped iron
recovered;
north 78 degrees-03 minutes-01 seconds west 132-78/100 feet to a 5/8"capped iron
recovered;
south 62 degrees-32 minutes-28 seconds west 60-18/100 feet to a 5/8"capped iron
recovered;
north 61 degrees-37 minutes-46 seconds west 53-74/100 feet to a 518"capped iron
recovered;
north 54 degrees-16 minutes-34 seconds west 51-78/100 feet to a 5/8"capped iron
recovered;
north 36 degrees-04 minutes-54 seconds west 124-34/100 feet to a 5/8"capped iron
recovered;
north 82 degrees-54 minutes-56 seconds west 48-55/100 feet to a 5/8"capped iron
recovered;
south 64 degrees-28 minutes-40 seconds west 195-13/100 feet to a 5/8"capped iron
recovered;
south 44 degrees-56 minutes-38 seconds west 91-27/100 feet to a 5/8"capped iron
recovered;
south 14 degrees-46 minutes-38 seconds east 125-65/100 feet to a 5/8"capped iron
recovered;
south 18 degrees-16 minutes-01 seconds west 128-15/100 feet to a 5/8"capped iron
recovered;
south 51 degrees-50 minutes-20 seconds west 39-69/100 feet to a 5/8"capped iron
recovered;
north 87 degrees-51 minutes-24 seconds west 37-13/100 feet to a 5/8"capped iron
recovered,
north 60 degrees-08 minutes-53 seconds west 307-20/100 feet to a 518"capped iron
recovered;
ESTABLISHED i88o
BROOKBs BAKER
,1anuaxy 10,2012 SURVEYORS
Page 4 of 7
Field notes for;
north 61 degrees-41 minutes-31 seconds west 191-39/100 feet to a 5/8"capped iron
recovered;
north 36 degrees-23 minutes-52 seconds west 126-18/100 feet to a 518"capped iron
recovered;
north 56 degrees-34 minutes-07 seconds west 180-86/100 feet to a 5/8"capped iron
recovered;
north 35 degrees-01 minutes-48 seconds east 71-64/100 feet to a 518"capped iron
recovered;
north 13 degrees-47 minutes-56 seconds east 84-67/100 feet to a 5/8"capped iron
recovered;
north 16 degrees-31 minutes-35 seconds west 119-46/100 feet to a 518"capped iron
recovered;
north 34 degrees-56 minutes-42 seconds west 168-71/100 feet to a 5/8"capped iron
recovered;
north 56 degrees-21 minutes-14 seconds west 171-46/100 feet to a 5/8"capped iron
recovered;
north 62 degrees-13 minutes-54 seconds west 182-24/100 feet to a 518"capped iron
recovered;
north 51 degrees-40 minutes-08 seconds west 80-81/I00 feet to a 518"capped iron
recovered;
north 64 degrees-25 minutes-53 seconds west 138-15/100 feet to a 5/8"capped iron
recovered;
north 88 degrees-57 minutes-53 seconds west 106-08/100 feet to a 5/8"capped iron
recovered;
north 19 degrees-50 minutes-00 seconds west 86-11 /100 feet to a 5/8" capped iron
recovered;
north 22 degrees-47 minutes-37 seconds west 114-17/100 feet to a 518" capped iron
recovered;
north 66 degrees-59 minutes-27 seconds west 57-25/100 feet to a 518"capped iron
recovered;
south 77 degrees-45 minutes-30 seconds west 86-66/100 feet to a 5/8"capped iron
recovered;
south 27 degrees-20 minutes-31 seconds west 104-93/100 feet to a 518"capped iron
recovered;
south 53 degrees-31 minutes-04 seconds west 125-16/100 feet to a 5/8"capped iron
recovered;
south 42 degrees-37 minutes-56 seconds west 53-92/100 feet to a 5/8"capped iron
recovered;
ESTABLISHED 1880
BROOKES BAKER
January 10,2012 SURVEYORS
Page 5 of 7
Ficld notes for:(continued
south 74 degrees-36 minutes-16 seconds west 79-11 /100 feet to a 518"capped iron
recovered;
north 85 degrees-%minutes-36 seconds west 146-87/100 feet to a 5/8"capped iron
recovered;
north 81 degrees-25 minutes-58 seconds west 62-39/100 feet to a 5/8`capped iron
recovered;
north 49 degrees-43 minutes-28 seconds west 74-13/100 feet to a 5/8" capped iron
recovered;
north 03 degrees-17 minutes-20 seconds west 94-66 1100 feet to a 5/8"capped iron
recovered;
north 29 degrees-14 minutes43 seconds west 105-31 A 00 feet to a 5/8"capped iron
recovered;
north 47 degrees-59 minutes-08 seconds west 57-81 /100 feet to a 5/8"capped iron
recovered;
north 66 degrees-00 minutes-35 seconds west 68-47/100 feet to a 5/8"capped iron
recovered;
north 13 degrees-38 minutes-37 seconds west 80-48/100 feet to a 518"capped iron
recovered;
north 54 degrees-08 minutes-11 seconds east 95-61 /100 feet to a 5/8"capped iron
recovered;
north 21 degrees-18 minutes-20 seconds east 83-70/100 feet to a 5/8"capped iron
recovered in a north line of said 1302-325/1000 acres tract and the south line of said 15
acres tract.
Thence north 89 degrees-55 minutes-17 seconds west,along a north line of said 1302-325/1000
acres tract and the south line of said 15 acres tract,639-88/100 feet to a 5/8"capped iron
recovered for the southwest corner of said 15 acres tract.
Thence north 00 degrees-31 minutes-25 seconds east,along the west line of said 15 acres tract,
425-22/100 feet to a 518"capped iron recovered for the southwest corner of the 3-662/1000 acres
tract described in the deed to the State of Texas recorded in volume 762,page 593 of the said
Real Records of Wise County,Texas.
ESTABLISHED 1680
BROOKES BAKER
SURVEYORS
January 10,2012
Page 6 of 7
Field notes for:(continued)
Thence northeasterly,along the south line of said 3-662/1000 acres tract,the following:
north 89 degrees-48 minutes-08 seconds east 427-53/100 feet to a 518"capped iron
recovered;
north 63 degrees-]4 minutes-14 seconds east 111-78/100 feet to a 5/8" capped iron
recovered;
north 89 degrees-48 minutes-48 seconds east 520-I5/100 feet to a 5/8"iron found for the
northwest corner of the 30 fat by 60 feet save and except tract described in the deed to
Roy L.Ryan recorded in Document No.WD 278795 of the said Real Records'Wise
County,Texas.
Thence south 00 degrees40 minutes-1 I seconds west,along the west line of said save and except
tract,59-97/100 feet to a 518"iron found.
Thence north 89 degrees-44 minutes-09 seconds east,along the south line of said save and except
tract,30-00/100 feet to a 5/8"iron found in the east line of said 15 acres tract.
Thence south 00 degrees-12 minutes-58 seconds west,along the east line of said 15 acres trace,
420-36/100 feet to a 5/8"capped iron recovered for the southeast corner of said 15 acres tract in
a north line of said 1302-325/1000 acres tract.
Thence south 89 dcgrees-55 minutes-18 seconds east,along a north line of said 1302-325/1000
acres tract,2661-82/100 feet to a 518"capped iron recovered for a re-entrant corner of said,1302-
325/1000 acres tract.
Thence north 00 degrees-45 minutes-34 seconds east,along a west line of said 1302-325/1000
acres tract,301-75/100 feet to a 5/8"capped iron set for the southwest corner of the said 7-
4671/10000 acres tract at the beginning of a carve to the left having a radius of 5849-58/100 feet.
Thence southeasterly,along the south line of said 7-4671/10000 acres tract,the following:
along said curve to the left an arc length of 767-69/100 feet to a 5/8"aluminum capped
iron found at its end.The long chord of said 767-691100 feet arc is south 85 degrees-42
minutes-53 seconds cast 767-14/100 feet;
south 89 degrees-28 minutes-27 seconds east 1000-10/100 feet to a 5/8"capped iron set.
Thencc south 00 degrees-00 minutes-47 seconds west 865-601100 feet to a 518"capped iron net
ESTABLISHED 1880
BROOKES BAKER
SURVEYORS
January 10,2012
Page 7 of 7
Field notes for(continued)
Thence south 89 degrees-28 minutes-19 seconds east 650-00/100 feet to the place of beginning
and containing 171-089/1000 acres of which 90-600/1000 acres lies within said Joshua King
Survey,69-251/1000 acres lies within said Thomas Peoples Survey and 11-238/1000 acres lies
within said William Wilson Survey of said 171-089/1000 acres 143-005/1000 acres lies within
said Denton County and 28-084/1000 acres lies within said Wise County.
Surveyed on the ground December,2011.
BROOKES BAKER SURVEYORS
dp,47
Don W.Hickey
OF
DON w.HlCltfiY
c R
�Sup
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/13/2016 - Resolution No. 4725-12-2016 & 4726-12-2016
DATE: Tuesday, December 13, 2016 REFERENCE NO.: L-15980
LOG NAME: 12BROOKFIELD, ALPHA RANCH, SHALE CREEK AGREEMENTS
SUBJECT:
Adoption of Resolutions Consenting to the Expansion of the Alpha Ranch Fresh Water Supply District and
Authorize the Execution of Various Agreements and Amended Agreements Relating to Development,
Construction, Water and Wastewater Service, Wholesale and Utility Transfer for South Denton County
Water Control Improvement District No.1, Alpha Ranch Fresh Water Supply District of Denton and Wise
County and North Fort Worth Water Control Improvement District No. 1 (ETJ/DENTON COUNTY and
COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolutions consenting to the addition of
approximately 183 acres into the Alpha Ranch Fresh Water Supply District and authorize the City
Manager or a designee to execute the following Agreements and to take any actions to carry out such
Agreements:
1. Wholesale Water Agreement between Aqua Texas and Fort Worth
2. Water and Wastewater Utility Services Transfer Agreement
3. Agreement Concerning Water and Sewer Service to Shale Creek Development
4. Agreement Terminating Brookfield Water and Wastewater Utility Service Agreement and
Buy-Out Option Agreement
5. Agreement Terminating Brookfield Wholesale Water and Wastewater Agreements
6. Agreement Concerning Sewer Service to Alpha Ranch and Brookfield Developments
7. Water Infrastructure Agreement
8. Sewer Infrastructure Agreement
9. Brookfield Development (South Denton County Water Control Improvement District No.
1) Agreement
10. Alpha Ranch Development Agreement
11. Shale Creek Development Agreement
12. South Denton County (Brookfield Development) Creation and Operation Agreement
13. Alpha Ranch Creation and Operation Agreement
14. Agreement for Construction of Sendera Ranch Blvd
DISCUSSION:
Entities affiliated with Centurion American Development Group (Developer) own approximately 2,000
acres of land in the City's Extraterritorial Jurisdiction in proximity to State Highway 114, as shown on the
attached map (the Property). The Property is undeveloped and is located within the Alpha Ranch Fresh
Water Control and Improvement District, consisting of the Elizabeth Creek and Alpha Ranch
developments (collectively, the Alpha Ranch development), the South Denton County Water Control and
Logname: 12BROOKFIELD, ALPHA RANCH, SHALE CREEK AGREEMENTS Page I of 3
Improvement District No. 1 (the Brookfield development), and the North Fort Worth Water Control and
Improvement District No. 1 of Denton and Wise Counties (the Shale Creek development) (the Districts),
which districts were created with the City's consent. The Developer agreed to develop the Property with a
mixture of residential, commercial and recreational uses in accordance with City standards. The Districts
were created and approved by the City Council as follows: Alpha Ranch, consisting of approximately
1,294 acres on February 15, 2007; Brookfield, consisting of approximately 231 acres on April 19, 2007;
and Shale Creek, consisting of approximately 251 acres on August 21, 2006. On January 25, 2011, the
City Council approved operation, development and utility Agreements for the Brookfield District. (M&C C-
24720, CSC Nos. 42127, 42128 and 42120 respectively.)
When the Development and Utility Agreements were approved, the Property was located in an area for
which Certificate of Convenience and Necessity (CCN) had been issued by TCEQ to Aqua Texas to
provide retail water. The Agreements contemplated that Aqua Texas would provide retail water and sewer
service to the Property for a term of 17 years, after which the City had an option to become the retail water
and sewer provider and to purchase, for a nominal amount, water and wastewater infrastructure to serve
the Property. Aqua Texas, the City, the Districts desire to enter into an Agreement providing, among
other terms, for Aqua Texas to transfer to the City all of its rights and obligations in connection with retail
water service to the Property under their CCN and to transfer to the Districts all of its rights and obligations
in connection with retail sewer service to the Property superseding the original utility agreement and
ancillary agreements concerning water and sewer service to the Property.
On September 23, 2014, the City Council adopted Resolution No. 4361-09-2014 which authorized the city
staff to negotiate Agreements with the Developer, Aqua Texas and the Districts for: 1) the transfer the
CCN to the City from Aqua Texas; 2) to negotiate for the provision of water and sewer service to the
Property to include a Wholesale Water Agreement to serve part of the Shale Creek Development with no
infrastructure or meter cost to the City; 3) to negotiate for the construction of water and sewer
infrastructure to include a water line to connect Sendera Ranch pump station to existing City
infrastructure and a wastewater treatment plant; 4) negotiate for the construction of a sewer line
connecting to the City's system, and at the City's discretion, discontinuance of by the Districts of the
wastewater treatment plant upon the City becoming the retail sewer service provider to the property; 5) to
negotiate for the construction, consistent with the City's Master Thoroughfare Plan, of a four-lane
extension of Sendera Ranch Boulevard from its existing terminus to SH 114 outside the City limits, at no
cost to the City, and to be reimbursed less any proportional share required for the portion of the extension
located within the City limits with roadway impact fees or fee credits in accordance with the City's
transportation impact fee policy; and construction of a portion of Sendera Ranch Boulevard outside of the
City limits, at no cost to the City and to be reimbursed less any proportional share required for the portion
of the extension; and 6) to amend the Development Agreement for Brookfield and enter into Development
Agreements for the Alpha Ranch District and Shale Creek to reflect the new arrangements for providing
water and sewer service to the Property and to address other outstanding issues. This M&C does not
request approval of a contract with a business entity.
Aqua Texas has agreed to transfer to the City Aqua Texas' CCN and contract rights and obligations
governing retail water utility service to Brookfield, Alpha Ranch and Shale Creek and to include land
immediately adjacent to Alpha Ranch provided that the land is annexed by the Alpha Ranch District. Alpha
Ranch District has submitted two petitions to annex the area for Council's approval. Staff recommends
approving the attached resolutions to allow Alpha Ranch to annex the area which will transfer the CCN
from Aqua Texas to the City.
The parties have the authority to enter into this Agreement pursuant to Section 212.172 of the Local
Government Code.
The property is located in the City's extraterritorial jurisdiction adjacent to CITY COUNCIL DISTRICT 7.
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The Director of Finance certifies that this agreement will have no immediate material effect on City
funds. Any effect on expenditures and revenues will be budgeted in future fiscal years.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Jesus (Jay) Chapa (5804)
Originating Department Head: Sarah J. Fullenwider (7606)
Additional Information Contact: Melinda Ramos (7631)
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