HomeMy WebLinkAboutResolution 3343-05-2006A Resolution
NO 3343-OS-2006
A RESOLUTION GRANTING CONDITIONAL CONSENT
TO CREATION OFTUCKER RANCH MUNICIPAL UTILITY
DISTRICT No 1 OF PARKER COUNTY TEXAS
WHEREAS, the owners of land within the proposed boundanes of Tucker Ranch
Municipal Utility District # 1 of Parker County Texas (the 'District") have filed a Petition
Requesting Consent to the Creation of a Municipal Uhhty District (the `Petition'),
requesting consent from the City of Fort Worth (the `City") to creation of the District to
include approximately 360 991 acres located in Parker County Texas described on Exhibit A
attached hereto and
WHEREAS, the Land proposed to be included m the District hes within the
extraterntorial ~unsdiction of the City and
WHEREAS, the District proposes to provide water sanitary sewer drainage,
roads and other services to the Land within the proposed boundaries of the District; and
WHEREAS, pending further discussions with the proponent of the District, at
this time the City believes that creation of the Dismct, as proposed in the request, is not
necessary and is neither feasible nor practicable, and that creation of the district would
not further the public welfare, nor would it be a benefit to the Land within the boundanes
of the proposed District or the residents of the proposed District, and the City reserves the
right to pursue all legal remedies to oppose and protest the creation of the District;
WHEREAS, the City nonetheless desires to assert its conditional consent to
creation of the Dishict and the inclusion within the District of the Land wrthm the City's
extraterritorial ~unsdiction in the event that the District is created,
WHEREAS, the purpose of granting conditional consent is to facilitate further
discussions and negotiation with the proponent of the District;
NOW THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF FORT WORTH, TEXAS
That the City hereby grants its consent to the creation of the District and the
inclusion wrthm the District of the Land described m $xhibrt A attached hereto within the
Resolution No. 3343-OS-2006
City's extratemtonal ~unsdiction subject to and specifically conditioned upon the
following:
Tins consent is effective only m the event that the entity creating the Distnct finds
that the Distnct should be created under applicable constitutional, statutory and
regulatory provisions. The City specifically reserves the nght to oppose and protest the
creation of the Distnct and the inclusion of the Land within the Distnct.
2
The Distnct shall construct all facilities to serve the Land in accordance with plans
and specifications that have been approved by the City
3
The City shall have the nght to inspect all facilities being constructed by the Distract.
4
The City shall have the nght to review and approve the Distnct's bonds and notes
pnor to issuance and may place restnctions on the terms and provisions of the Distnct's
bonds and notes issued to provide service to the Land and conditions on the sale of the
Distnct's bonds and notes to the extent such restnctions and conditions do not generally
render the bonds and notes of the Distract unmarketable.
The purposes for which the Distract may issue bonds shall, be lunrted to the
purchase, construction, acquisition, repair extension and improvement of Land,
easements, works, improvements, facilities, plants, equipment and appliances necessary
t0
provide a water supply for municipal uses, domestic uses and commercial
purposes,
» collect, transport, process, dispose of and control all domestic, mdustnal or
communal wastes whether m flmd, solid or composite state; and
Resolution No. 3343-OS-2006
tii gather conduct, divert and control local storm water or other local harmful
excesses of water fn the distract and the payment of organization expenses,
operation expenses dunng construction and interest dunng construction.
6
The purposes, powers, and duties of the Distrct shall be limited to those
expressly authonzed for municipal utility distncts pursuant to Chapter 54 of the Texas
Water Code and applicable constitutional provisions. By approving this resolution, the
Ctty does not consent to the financing of facilities designed or utilized to perform fire
fighting services, the exercise or road powers or the conversion of the Dfstnct to any
other form of dfstnct.
7
The parties may negotiate further and contract, fn wntfng, to modify the
foregoing terms and conditions of the Crty's consent to the creation and purpose of the
Dfstnct and the inclusion within the Dfstnct of the Land.
8
The phrase consent to creation as used fn the this resolution has the
meaning provided fn Sec 42 042 (d) Texas Local Government Code to wft
authorfzatfon to initiate proceedings to create the Dfstnct as provided by law
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH that the City Secretary fs hereby directed to file a copy of this
resolution in the permanent records of that office.
Adopted this _ 9th _ day of ____Ma
2006
APPROVED
~~~ ~=~M.~ CITY COUNCIL
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~ MAY 9 2006
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B Y ` , - __ ______ City Secretary of the
City of Fort Worth, Te~cas
*<.-Marty Hendnx;-Ci Secretary
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PETITION REQUESTING CITY CONSENT TO THE CREATION
OF A MUNICIPAL UTILITY DISTRICT
THE STATE OF TEXAS
COUNTY OF PARKER
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS
The undersigned, Boca Raton Apartments, LLC, a Texas limited liability company Sun Winds,
LLC, a Nevada linuted liability company EJ Edwards Ranch, LP a Texas limited partnership,
Management Solutions, Inc., a Texas corporation, BB Edwards Ranch, LP a Texas limited
partnership, LH Edwards Ranch, LP a Texas limited partnership, and MW Edwards Ranch, LP
a Texas limited partnership (collectively, the "Owner"), the holders of title to a majority m value
of the land situated within the area hereinafter described, as indicated on the tax rolls of Parker
County, Texas, acting pursuant to subsections 42.042(x) and (b), Texas Local Goven-unent Code,
as amended, Section 54.016 of the Texas Water Code, as amended, and pursuant to other
provisions of Chapters 49 and 54, Texas Water Code, as amended, respectfully. submit this
petition requesting this Honorable City Council to consent to the creation of a municipal utility
district (the "District"), and for cause Owner would respectfully show the following:
I.
The District shall be organized under the provisions of Article III, Section 52 and Article XVI,
Section 59 of the Constitution of Texas and the applicable provisions of Chapters 49 and 54
Texas Water Code, as amended.
II.
The proposed name of the District is "Tucker Ranch Municipal Utility District No 1 of Parker
County Texas." The District shall contain an azea of approximately 360.991 acres of land, more
or less, lying wholly within the extraterritorial jurisdiction of the City of Fort Worth, Texas. The
boundaries of the proposed District are described by metes and bounds on Exhibit A. The
District shall consist of land wholly within Parker County Texas. There is no other conservation
or reclamation district in Pazker County Texas with the same name.
III.
The general nature of the work to be done by and within the District (the "Imuroyements") shall
be:
015898.00010:952423.03
(i) the construction, maintenance, and operation of a waterworks system for
residential and commercial purposes;
(ii) the construction, maintenance, and operation of a sanitary sewer collection system
and sewage disposal plant;
(iii) the control, abatement, and change of any shortage or harmful excess of waters
and the reclamation and drainage of overflowed lands within the District;
(iv) the construction, acquisition, improvement, maintenance, and operation of
macadamized, graveled, or paved roads and turnpikes and improvements in aid of such
roads and turnpikes; and
(v) such other construction, installation, maintenance, purchase, and operation of
such additional facilities, systems, plants and enterprises as shall be consistent with the
purposes for which the District is organized.
The District may also finance one or more facilities designed or utilized to perform fire-fighting
services and may purchase interests in land and purchase, construct, acquire, improve, extend,
maintain, and operate unprovements, facilities, and equipment for the purpose of providing parks
and recreational facilities to the extent authorized and permitted under state law
IV
There is a necessity for the Improvements because the District is located within an area which
will experience a substantial and sustained residential and commercial growth within the
immediate future, is urban in nature and is not supplied with adequate water, sanitary sewer, and
drainage facilities, roads, and services. The health and welfare of the future inhabitants of the
District require the construction, acquisition, maintenance, installation, and operation of an
adequate waterworks system, sanitary sewer system, road system, and drainage and storm sewer
system.
The purchase, construction, extension, improvement, maintenance and operation of such
waterworks system and storm and sanitary sewer system will conserve and preserve the natural
resources of this State by promoting and protecting the purity and sanitary condition of the
State's waters and will promote and protect the public health and welfaze of the community
therefore, a public necessity exists for the organization of the District.
The land within the District cannot be developed without the creation of the District to finance
the water, wastewater, drainage, and road facilities, therefore a public necessity exists.
V
The Improvements aze practicable and feasible. The terrain of the District is of such a nature that
waterworks and sanitary and storm sewer systems and facilities and roads can be constructed at a
2
015898.00010:952423.03
reasonable cost; and the District will be rapidly developed primarily for residential and
commercial purposes.
VI.
The estimated cost of the Improvements is $40,320,000 00.
VII.
WHEREFORE, the undersigned Owner respectfully prays that this request be granted in all
respects and that the City Council of the City of Fort Worth, Texas, adopt an ordinance or
resolution giving its written consent to the creation of the District.
RESPECTFULLY SUBMITTED this _ day of February 2006.
LH EDWARDS RAMC LP,
A Texas limited partners '
By LH Edwazds Ranch agement, LLC,
A Texas limitec~~iabillty~co~npany
Its. General(( artnefl n II
By ~" 1 _~
Name: Lee A. u~hes
Title: Manager
BB EDWARDS RANCH, LP,
A Texas limited partnership
By BB Edwards Ranch Management, LLC,
A Texas limited liability company
Its: General Partner n
Br
Title:
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015898.00010:952423.03
MW EDWARDS RANCH, LP,
A Texas limited partnership
By MW Edwards Ranch Management, LLC,
A Texas limited liability company
Its: General Partner
By
Name: Mike Wells
Title: Manager
EJ EDWARDS RANCH, LP,
A Texas limited partnership
By EJ Edwards Ranch Management, LLC,
A Texas limited liability company
Its: General Partner
Name: Evan Jacobson
Title: Manager
BOCA RATON APARTMENTS, LLC,
A Texas limited liabili company
Name: Evan Jacobson
Title: Manager
SUN WINDS, LLC,
A Nevada limited habili#y company
By --~r~~~
Name: Evan Jacobson
Title: Manager
4
015898.00010:952423.03
MANAGEMENT SOLUTIONS, INCORPORATED,
A Texas corporation
Name: Evan Jacobson
Title: Vice President
0 l 5898.00010:452423.03
Exhibit A
Legal Description of the Proposed District
BEIlYG situated in the M. Teter Survey Abstract Number 2070, the J Morris Survey, Abstract
Number 927 the P McClary Survey Abstract Number 907, and the W Cagle Survey Abstract
Number 2373, Parker County Texas, and being a portion of that certain tract of land described
by deed to Baca Raton Apartments, LLC, et al as recorded in Volume 2388, Page 295, Deed
Records, Parker County Texas, and being more particularly described by metes and bounds as
follows:
BEGINNING at a Texas Department of Transportation ('I`xDOT) monument found at the
northwest corner of said Boca Raton tract, said monument also being the southwest comer of that
certain Tract 1 described by deed to the Lyon Living Trust as recorded in Volume 1870, Page
1479, Deed Records, Parker County Texas, and being in the existing east right-of--way line of
FM 3325 (a variable width public right-of-way);
THENCE S 89b 14'2'7"E, 2434 74 feet along the common line of said Boca Raton tract and said
Lyon tract to a fence post found at an ell corner in the north line of said Boca Raton tract, said
post also being the southeast corner of said Tract 1, and being in the west line of that certain
Tract 2 described by deed to the Lyon Living Trust as recorded in Volume 1870, Page 1479
Deed Records, Parker County Texas;
THENCE S 00°34'2b"E, 247.95 feet along the common line of said Boca Raton tract and said
Tract 2 to a fence post found,
THENCE S 90°00'00"E, 4213.23 feet, continuing along said common line of the Boca Raton
tract and Tract 2 to a fence post found at the northeast corner of said Boca Raton tract, said post
also being the southeast corner of said Tract 2,
THENCE S 00°23'50"W 1811.87 feet to a fence post found in the north line of that certain tract
of land described by deed to W.C. and Mildred F Oaken as recorded in Volume 1142, Page 646,
Deed Records, Parker County Texas;
THENCE S 89°36'00"'W 2076.68 feet along the common line of said Boca Raton tract and said
Oaken tract to a fence post found at the northwest corner of said Oaken tract;
'T'HENCE S 00°39'ST'E, 4818.20 feet to a fence post found in the north right-of-way line of
Mary's Creek Road (a variable width public right-of-way);
THENCE along said north right-of-way line of Mary's Creek Road the following bearings and
distances:
N 68°41'38"W 340.65 feet to a fence post found;
N 78°22'46"W 382.24 feet to a fence post found,
Exhibit A -Page 1
015898.00010:952423.03
S 78°58'08"W 296.38 feet to a fence post found;
S 72°22'40"W 628.68 feet to a fence post found;
S 83°35'04"W 195.27 feet to a fence post found;
N 83°41 56"W 75.28 feet;
THENCE N O1°11'35"E, 386.71 feet, departing said north right of-way line of Mary's Creek
Road;
THENCE N 40°54 11 'E, 314.22 feet;
THENCE N 77°08'44"E, 400.56 feet;
THENCE N 83°48' 14"E, 1204.34 feet;
THENCE N 00°39'57"W 2061.29 feet;
'T.lEH+;NCE S 84°59'09"W 1081.20 feet;
THENCE S 89°44 43"W 512.63 feet;
THENCE S 79°47' 16"W 43.34 feet;
THENCE S 58°06'48"W 45.86 feet;
THENCE S 55° 14'07"W, 85.21 feet to the beginning of anon-tangent curve to the left;
THENCE 279.90 feet with said non-tangent curve to the left, through a central angle of
30°15'31 having a radius of 530.00 feet, the long chord of which bears N 35°08'14"W 276.66
feet;
THENCE N 50° 15'59"W 544.29 feet to the beginning of a curve to the right;
THENCE 412.70 feet with said curve to the right, through a central angle of 50°18'37" having
a radius of 470.00 feet, the long chord of which bears N 25°06'41 'W, 399.57 feet;
THENCE N 00°02'38"E, 1271.27 feet to the beginning of a curve to the right;
THENCE 176.02 feet with said curve to the right, through a central angle of 21°27'27" having
a radius of 470.00 feet, the long chord of which bears N 10°46'21 'E, 174.99 feet;
THENCE N 21°30'05"E, 18$.51 feet to the beginning of anon-tangent curve to the right;
Exhibit A -Page 2
O l S 898.00010:952423.03
THENCE 55.01 feet with said non-tangent curve to the right, through a central angle of
02°45'09" having a radius of 1145.00 feet, the long chord of which bears N 68°37'26"W 55.00
feet;
THENCE N 21°30'05"E, 177.23 feet;
THENCE N 68°29'55"W 56.74 feet to the beginning of a curve to the right;
THENCE 169.63 feet with said curve to the right, through a central angle of 20°27'40" having
a radius of 475.00 feet, the long chord of which bears N 58° 16' OS"W 168.73 feet;
THENCE N 48°02 15"W I 1 I.56 feet;
THENCE N 4I°57'45"E, 239.52 feet to the beginning of a curve to the right;
THENCE 121.19 feet with said curve to the right, through a central angle of t3°13'35" having
a radius of 525.00 feet, the long chord of which bears N 48°34'33"E, 120.92 feet;
THENCE N 55°11'20"E, 17172 feet;
THENCE N 34°48'40"W 40.32 feet to the beginning of a curve to the left;
THENCE 34.63 feet with said curve to the left, through a central angle of 13°13'35" having a
radius of 150.00 feet, the long chord of which bears N 41 °25'27"W 34.55 feet;
THENCE N 48°02' 15"W 41.28 feet;
THENCE N 44°48'ST'E, 133.15 feet;
THENCE N 28°05'58"E, 65.00 feet;
THENCE N 15°08' 17"E, 96.62 feet;
THENCE N 00°04'22"W 232.45 feet;
THENCE S 90°00'00"E, 51 12 feet;
THENCE N 00°34'26"W 350.18 feet;
THENCE N 89°14'2T'W 1398.20 feet;
THENCE S 00°04'22"E, 274.34 feet;
THEI~TCE S 41 °57'45"W 244 70 feet;
THENCE S 35°36' 14"W 67.56 feet;
Exhibit A -Page 3
015898.00010:952423.03
THENCE S 14°44'51"VV 168.3b feet;
THENCE S 03°02'39"W, 189 13 feet;
THENCE S 85°53'56"E, 7.08 feet;
THENCE S 00°10'04"E, 796.24 Feet;
THENCE S 79° 19'36"W, 682.91 feet to a TxDOT monument found in the east right-of-way
line of FM 3325, said monument also being the beginning of anon-tangent curve to the right;
THENCE 581.35 feet with said non-tangent curve to the right, through a central angle of
18°04'22" having a radius of 1849.86 feet, the long chord of which bears N 09°24' 15"W,
578.96 feet to a TxDOT monument found;
THENCE N 04°2S' 13"W, 796.84 feet along said east right-of-way line of FM 3325 to a TxDOT
monument found at the beginning of a curve to the right;
THENCE 461.63 feet with said curve to the right,.through a central angle of 03°29'23", having
a radius of 7579 44 feet, the long chord of which bears N Ol°21' 16"E, 461.56 feet to the POINT
OF BEGINNING and containing 360.991 acres of land, more or less.
Note:
This document was prepared under 22 TAC §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.
Exhibit A -Page 4
015898.00010:952423.03
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 5/9/2006 Resolution No 3343-05-2006
:~
DATE Tuesday May 09 2006
LOG NAME 60TUCKER MUD #1 REFERENCE NO G 15195
SUBJECT
Approval of Resolution Granting Conditional Consent to the Creation of Tucker Ranch Municipal
Utility District No 1 of Parker County Texas
RECOMMENDATION
It is recommended that the City Council approve the attached Resolution Granting Conditional Consent to
the Creation of Tucker Ranch Municipal Utility District No 1 of Parker County Texas
DISCUSSION
Boca Raton Apartments LLC EJ Edwards Ranch LP Management Solutions Inc. BB Edwards Ranch
LP LH Edwards Ranch LP MW Edwards Ranch LP' and Sun Winds LLC have represented to the City
that they jointly own and intend to develop approximately 360 991 acres in Fort Worths extraterritorial
jurisdiction (the `Land") The property is in Parker County and is located north of IH 20 and east of F M
3325 A Certificate of Convenience and Necessity (CCN) has not been issued to the City or to any other
entity to provide retail water service to the Land
The property owners identified above have submitted a petition requesting the City to consent to creation of
a municipal utility district to include the land (the District") The petition represents that the general nature
of the work proposed to be done by the District includes the construction maintenance and operation of
water systems sewer systems storm drainage systems roads facilities for fire-fighting services and parks
and recreational facilities to the extent permitted by law
State law provides a process for property owners to petition for consent to creation of a municipal utility
district in a city's extraterritorial jurisdiction The consent to creation of the District is only an authorization
for the proponents to initiate proceedings to create the district in the Texas Commission on Environmental
Quality Adoption of the attached consent resolution will preserve the City's right to review and approve all
plans and specifications for facilities to serve the Land inspect all facilities being constructed by the District,
place reasonable restrictions on the District's bonds and notes and limit the purposes for which the District
may issue bonds to providing water service sewer service and storm water control Approval of the
resolution will facilitate further discussions and negotiations between the City and the owners of the Land
concerning creation and development of the District.
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies this action will have no material effect on City funds
Logname 60TUCKER MUD #1 Page 1 of 2
TO Fund/Account/Centers
Submitted for City Manager's Office bv:
Originating Department Head.
Additional Information Contact:
FROM Fund/Account/Centers
Marc Ott (6122)
S Frank Crumb (8207)
S Frank Crumb (8207)
Logname 60TUCKER MiTD #1 Page 2 of 2