HomeMy WebLinkAboutResolution 4726-12-2016 A Resolution
NO. 4726-12-2016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS CONSENTING TO THE ADDITION OF 12.916 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, The Ryan
Dynasty Trust (the "Landowner") has petitioned the City for the addition of approximately 12.916 acres
of land (the "Propert y") 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 "Cijy"); 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.
ORT WO 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. ,a�,.a�a ►gy�
`I �
ATTEST:
By: aaav�
Mary Kay Ci y S cretary
ORT WORTH
PETITION FOR CONSENT TO THE ADDITION OF LANDS TO
ALPHA RANCH FRESH WATER SUPPLY DISTRICT NO. I 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
42.0425 of the Texas Local Government Code and the applicable provisions of Chapter 49 of the
Texas Water Code,each as amended,hereby respectfully 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. l of Denton and Wise Counties(the"District')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 Code.
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 12.916 acres of land to the District, as
described in Exhibit"A",attached hereto and incorporated herein by reference. No part 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 County,Texas.
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 Govemment 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 of the
land described herein to the District.
4
RESPECTFULLY SUBMITTED this YX day of A600 2016.
THE RYAN DYNASTY TRUST
JEFFRE R , T USTEE
PATRICIA RAE JENKINS, USTEE
SATKA J O-DEVINI TRUSTEE
Signature page to Pedtlon far Consent to the Addition of Lands to
Alpha Ranch Fresh Water Supply DisMct Na 1 of Denton and Wbe Countles
THE STATE OF TEXAS §
COUNTY OF —Ta-�m §
BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day
Personally appeared Jeffrey S.Ryan,Trustee of The Ryan Dynasty Trust,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 trust.
2016. ►
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _day ofZ a _,
,* JUDITH K CHESTER
'= MY COMMISSION EXPIRES
July 14,2x17
otary Public in and for the State of Texas
(Notary Seal)
STATE OF TEXAS §
COUNTY OP7�— - §
BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day
personally appeared Patricia Rae Jenkins,Trustee of The Ryan Dynasty Trust, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that she
executed the same as the act and deed of such trust.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this J day of
2016.
JUDITH K CHE E JA,—)J
gs MY COMMISSION EXPIRES
°1 July 14,2017
..i»�r
otary Public in and for the State of Texas
(Notary Seal)
Signature Page to Peddon for Consent to the Addition of Lands to
Alpha Ranch Fresh Water Supply District No. I of Denton and Wise Counties
4
STATE OF TEXAS §
COUNTY OF §
BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day
personally appeared Sandra Jo Devin, Trustee of The Ryan Dynasty Trust,known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me that she
executed the same as the act and deed of such trust.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day o� r
2016.
JUDITH K CHESTER
s '= MY COMMISSION EXPIRES
P;N•
My 14,2017
Notary Public in and for the State of Texas
(Notary Seal)
Signature Page to Petition for Consent to the Addition of Lands to
Alpha Ranch Fresh Water Supply Distrid No. I of Denton and Wise Counties
5
EXHIBIT A
Legal Description of Property
Part of the JOSHUA KING SURVEY, Abstract No. 712 situated in Denton County, Texas;
embracing a portion of the 1302-325/1000 acres tract described in the deed to Alpha Ranch, Ltd.
recorded in volume 4645,page 306 of the Real Records of Denton 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 W iron found for the northeast corner of said 1302-325/1000 acres tract and for the
northeast comer 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 rum, along the east line of said 1302-
325/1000 acres tract south 00 degrees-00 minutes-47 seconds west 139-64/100 feet to a 5/8"capped
iron set for the northeast and beginning corner of the tract being described.
Thence south 00 degrees-00 minutes-47 seconds west,continuing along the east line of said 1302-
325/1000 acres tract, 1865-63/100 feet to a 5/8"capped iron set.
Thence north 89 degrees-28 minutes-19 seconds west 650-00/100 feet to a 5/8"capped iron set.
Thence north 00 degrees-00 minutes-47 seconds east 865-60/100 feet to a 5/8"capped iron set in the
south line of said 7-4671/10000 acres tract.
Thence south 89 degrees-28 minutes-27 seconds east,along the south line of said 7-4671/10000 acres
tract,650-00/100 feet to the place of beginning and containing 12-916/1000 acres.
59537A
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 CREED.AGREEMENTS Page 1 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.
Logname: 12BROOKFIELD, ALPHA RANCH, SHALE CREEK AGREEMENTS Page 2 of 3
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 I 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)
Logname: 12BROOKFIELD, ALPHA RANCH, SHALE CREED AGREEMENTS Page 3 of 3