HomeMy WebLinkAboutResolution 3344-05-2006A Resolution
NO 3344-OS-2006
A RESOLUTION GRANTING CONDITIONAL CONSENT
TO CREATION OFTUCKER RANCH MUNICIPAL UTILITY
DISTRICT No 2 OF PARKER COUNTY TEXAS
WHEREAS, the owners of land within the proposed boundaraes of Tucker Ranch
Municipal Utility District # 2 of Parker County Texas (the 'Distract") have filed a Petition
Requesting Consent to the Creation of a Municipal Utility Distract (the `Petition'),
requesting consent from the City of Fort Worth (the `City') to creation of the Distract to
include approximately 376.395 acres located in Parker County Texas described on Exhibit A
attached hereto and
WHEREAS, the Land proposed to be included m the Distract ties within the
extratemtorial ~ urasdichon of the City• and
WHEREAS, the Distract 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 Distract, at
this time the City believes that creation of the Distract, 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 boundaraes
of the proposed Distract or the residents of the proposed Distract, and the City reserves the
right to pursue all legal remedies to oppose and protest the creation of the Distract;
WHEREAS the City nonetheless desires to assert its conditional consent to
creation of the Distract and the inclusion within the Distract of the Land within 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 within the Distract of the Land described in Exhibit A attached hereto within the
Resolution No. 3344-OS-2006
City's extraterrrtonal jurisdiction subject to and specifically conditioned upon the
following
This consent is effective only in the event that the entity creating the District finds
that the District should be created under applicable constitutional, statutory and
regulatory provisions The City specifically reserves the right to oppose and protest the
creation of the District and the inclusion of the Land within the District.
2
The District 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 right to inspect all facilities being constructed by the District.
4
The City shall have the right to review and approve the Distnct's bonds and notes
prior to issuance and may place restrictions on the terms and provisions of the District's
bonds and notes issued to provide service to the Land and conditions on the sale of the
District's bonds and notes to the extent such restrictions and conditions do not generally
render the bonds and notes of the District unmarketable.
5
The purposes for which the District may issue bonds shall, be limited to the
purchase, construction, acquisition, repair extension and improvement of land,
easements, works, improvements, facilities, plants, equipment and appliances necessary
to
provide a water supply for municipal uses, domestic uses and commercial
purposes,
ii. collect, transport, process, dispose of and control all domestic, industrial or
communal wastes whether in fluid, solid or composite state and
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Resolution No. 3344-05-2006
iii gather conduct, divert and control local storm water or other local harmful
excesses of water in the district and the payment of organization expenses,
operation expenses during construction and interest during construction.
6
The purposes, powers, and duties of the District shall be limited to those
expressly authorized for municipal utility distracts pursuant to Chapter 54 of the Texas
Water Code and applicable constitutional provisions. By approving this resolution, the
City 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 District to any
other form of district.
7
The parties may negotiate further and contract, in writing, to modify the
foregoing terms and conditions of the City's consent to the creation and purpose of the
Distract and the inclusion within the District of the Land.
8
The phrase consent to creation as used in the this resolution has the
meaning provided in Sec 42 042 (d) Texas Local Government Code to wit
authorization to inEtiate proceedings to create the District as provided by law
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH that the City Secretary is hereby directed to file a copy of this
resolution in the permanent records of that office
Adopted this _ 9th __ day of ___ MaY _________ 2006
~` -.~~ . APPROVED
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ATTEST ~..,~~,~~
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~~ MAY 9 2006
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rB y'"`r -___---__-__ M.:'~ ~ City Secretary of the
~; ~ * ------ -- ---------- City of Fort VUoxtii, Texas
Marty Hendri~~City Secretary
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PETITION REQUESTING CITY CONSENT TO THE CREATION
OF A MUNICIPAL UTILITY DISTRICT
THE STATE OF TEXAS
COiTN7.'Y 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 limited 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 Edwazds Ranch, LP
a Texas limited partnership (collectively the Owner"), the holders of title to a majority in 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(a) and (b), Texas Local Government 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. 2 of Parker
County Texas. The District shall contain an area of approximately 376.395 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 Parker County Texas with the same name.
III.
The general nature of the work to be done by and within the District (the 'Improvements") shall
be:
015898.00010:952442.03
(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 improvements, facilities, and equipment for the purpose of providing parks
and recreational facilities to the extent authorized and permitted under state law
N
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 sernces. 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 welfare of the community-
therefore, apublic necessity exists for the organization of the Distnct.
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 are 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
015898.0003 0:952442,03
reasonable cost; and the District will be rapidly developed primarily for residential and
COm111erC]al purpOSeS.
VI.
The estimated cost of the Improvements is $34 165,000.00
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 RANCH, LP,
A Texas limited partners "p
By LH Edwards Ranc anagement, LLC,
A Texas limited liability company
Its: Gene ~ Partiaer
By `'U
Name: Lee A.
Title: Manager
BB EDWARDS RANCH, LP,
A Texas 1united partnership
By BB Edwards Ranch Management, LLC,
A Texas limited liability company
Its: General Partner
By' -- " ~k~
Name• Brad Barrington
Title: Manager
3
015898.000 I0:952442.03
lVIW EDWARDS RANCH, LP,
A Texas limited partnership
By MW Edwards Ranch Management, LLC,
A Texas limited liability company
Its: General Partner
Name: Mike Wells
Title: Manager
EJ EDWARDS RANCH, LP,
A Texas limited partnership
By EJ Edwazds Ranch Management, LLC,
A Texas limited liability company
Its: General Partner
gy. ~j~ lc. ~2~1~~
Name: Evan Jacobson
Title: Manager
BOCA RATON APARTMENTS, LLC,
A Texas limited liability company
By ~~.ti ~ ~e~ _ lu•4.c~..
Name: Evan Jacobson
Title: Manager
SUN WINDS, LLC,
A Nevada limited liabi i~ty company
By ~~~_ ~
Name: Evan Jacobson
Title: Manager
4
015898.00010:952442.03
MANAGEMENT SOLUTIONS, INCORPORATED,
A Texas corporation
Name: Evan Jacobson
Title: Vice President
015698.00010:952442.03
Exhibit A
Legal Descnption of the Proposed District
BEING situated in the M. Teter Survey Abstract Number 2070, the P McClary Survey,
Abstract Number 907, and the W Cagle Survey, Abstract Number 2373, Pazker County Texas,
and being a portion of that certain tract of land described by deed to Boca Raton Apartrnents,
LLC, et alas recorded in Volume 2388, Page 295, Deed Records, Parker County, Texas, and all
of that certain tract of land described by deed to Boca Raton Apartments, LLC, et al as recorded
in Volume 2388, Page 306, 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
northwest corner of said Boca Raton tract recorded in Volume 2388, Page 295, said monument
also being the southwest corner 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) and the
beginning of a curve to the left;
THENCE 461.63 feet along said east right-of-way line of FM 3325 and with said curve to the
left, through a central angle of 03°29'23" having a radius of 757944 feet, the long chord of
which bears S Ol °21 16"W 461.56 feet to a TxDOT monument found,
THENCE S 00°2S 13"E, 796.84 feet, continuing along said east right-of-way line of FM 3325
to a TxDOT monument found at the beginning of a curve to the left;
THENCE 581.35 feet, continuing along said east right-of-way line of FM 3325 and with said
curve to the left, through a central angle of 18°00'22" having a radius of 1849.86 feet, the long
chord of which bears S 09°24' 1 S"E, 578.96 feet to a TxDOT monument found at the POINT
OF BEGINNIlVG,
THENCE N 79° 19'36"E, 682,91 feet, departing said east right-of way line of FM 3325
THENCE N 00° 10' 00"W 796.20 feet;
THENCE N 8S°S3 S6"W 7.08 feet;
THENCE N 03°OZ 39"E, 189 13 feet;
THENCE N 14°44'S1"E, 168.36 feet;
THENCE N 3S°36' 14"E, 67.56 feet;
THENCEN 41°S7'4S"E, 244 70 feet;
THENCE N 00°04'22"W 274.34 feet;
Exhibit A -Page 1
015898.00010:952442.03
THENCE S 89°14'27"E, 1398.20 feet;
THENCE S 00°34'26"E, 350.18 feet;
THENCE N 90°00'00"W 51 12 feet;
THENCE S 00°04'22"E, 232.45 feet;
THENCE S 15°08' 1 T'W 96.62 feet;
THENCE S 28°05'58"W, 65.00 feet;
THENCE S 44°48'ST'W 133 15 feet;
THENCE S 48°02' 15"E, 41.28 feet to the beginning of a curve to the right;
THENCE 34.63 feet with said curve to the right, through a central angle of 13°13'35" having a
radius of 150.00 feet, the long chord of which bears S 41°2S'27"E, 34.55 feet;
THENCE S 34°48'40"E, 40.32 feet;
THENCE S 55°I1'20"W, 17172 feet to the beginning of a curve to the left;
'THENCE 121 19 feet with said curve to the left, through a central angle of 13° 13'35" having a
radius of 525.00 feet, the long chord of which bears S 48°34'33"W 120.92 feet;
THENCE S 41°57'45"W 239.52 feet;
THENCE S 48°02' 15"E,111.56 feet to the beginning of a curve to the left;
THENCE 169.63 feet with said curve to the left, through a central angle of 20°27'40" having a
radius of 475.00 feet, the long chord of which bears S 58° 16'05"E, 168.73 feet;
THENCE S 68°29'55"E, 56 74 feet;
THENCE 5 21°30'05"W, 177.23 feet to the beginning of anon-tangent curve to the left;
THENCE 55.01 feet with said non-tangent curve to the left, through a central angle of
02°45'09", having a radius of 1145.00 feet, the long chord of which bears S 68°37'26"E, 55.00
feet;
THENCE 5 21 °30'05"W 188,51 feet to the beginning of a curve to the left;
THENCE 176.02 feet with said curve to the left, through a central angle of 21°27'27" having a
radius of 470.00 feet, the long chord of which bears S 10°46'21 'W 174.99 feet;
Exhibit A -Page 2
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THENCE S 00°02'38"W, 1271.27 feet to the beginning of a curve to the left;
THENCE 412.70 feet with said curve to the tefl, through a central angle of 50°18'37" having a
radius of 470.00 feet, the long chord of which bears S 25°06'41"E, 399.57 feet;
THENCE S 50° 15' S9"E, 544.29 feet to the beginning of a curve to the right;
THENCE 279.90 feet with said curve to the right, through a central angle of 30°15 31" having
a radius of 530.00 feet, the Long chord of which bears S 35°08' 14"E, 276.66 feet;
THENCEN 55°14'07"E, 85.21 feet;
THENCE N 58°06'48"E, 45.86 feet;
THENCE N 79°47' 16"E, 43.34 feet;
THENCE N 89°44'43"E, 512.63 feet;
THENCE N 84°59'09"E, 1081.20 feet;
THENCE S 00°39'57"E, 2061.29 feet;
THENCE S 83°48' 14"W 1204.34 feet;
THENCE S 77°08'44"W 400.56 feet;
THENCE S 40°54' I 1 'W 314.22 feet;
THENCE S O1°11'35"W 386.71 feet to a point in the south line of said Boca Raton tract
recorded in Volume 2388, Page 295, said paint also being in the north right of-way line of
Mary's Creek Road (a variable width puhlicnght-of--way);
7~ENCE along said north right-of-way line of Mary's Creek Road the following bearings and
d'estances:
N 83°41 56"W 57 44 feet to a fence post found;
N 64° 18' 37"W, 160.48 feet to a fence post found;
N 80°29'46"W 540.38 feet to a fence post found,
N 89°24' 18"W 1436.95 feet to a TxDOT monument found at the south end of a corner
clip at the intersection of said north right of way line of Mary's Creek Road and the
aforementioned east right-of--way line of FM 3325
Exhibit A -Page 3
015898.0001 D:952442.03
TH>CNCE N 44°34'43"W, 71.60 feet to a TxDOT monument found at the north end of said
corner clip;
TIi~NCE along said eastright-of-way line of FM 3325 the fallowing bearings and distances:
N 00°30'28"W, 851.96 feet to a 1/2 inch iron rod found at the southeast corner of the
aforementioned Boca Raton tract recorded in Volume 23 88, Page 306,
N 00°31' lb"W 292.31 feet to a TxDOT monument found;
N 00°38' 05"W 13.24 feet to a 112 inch iron rod found at the northeast corner of said
Boca Raton tract recorded in Volume 2388, Page 306;
N 00°29'35"W 1786.94 feet to a TxDOT monument found;
N 04°58' S6"E, 50.19 to a TxDOT monument found,
N 00°28' S4"W 100.03 feet to a TxDOT monument found;
N 06°09' S3"W, 50.19 feet to a TxDOT monument found,
N 00°23'20"W 47.37 feet to a TxDOT monument found,
N 02°01'08"W, 155 70 feet to a TxDOT monument found,
N 06°25'30"E, 104.34 feet to aTxDOT monument found;
N 06°42'02"VV 309.02 feet to a TxDOT monument found;
N 28°47' 19"W, 146.85 feet to a TxDOT monument found at the beginning of a non-
tangent curve to the left;
248.63 feet with said non-tangent curve to the Left, through a central angle of 04°52' 14 ,
having a radius of 2924 79 feet, the long chord ofwhich bears N 15°59'46"W 248.56
feet to a TxDOT monument found,
N 18°25 34"W 87710 feet to the PO1NT OF BEGINNING and containing 376.395
acres of land, mare or less.
Exhibit A -Page 4
oiss9s.oooto:9ssaaz.o3
C-ty of Fort Worth, Texas
Mayor and Council Communication
~,
COUNCIL ACTION Approved on 5/9/2006 Resolution No 3344-05-2006
DATE Tuesday May 09 2006
LOG NAME 60TUCKER MUD#2 REFERENCE NO G 15196
SUBJECT
Approval of Resolution Granting Conditional Consent to the Creation of Tucker Ranch Municipal
Utility District No 2 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 2 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 376 395 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 that this action will have no material effect on City funds
Logname 60TUCKER MUD#2 Page 1 of 2
TO Fund/Account/Centers
Submitted for City Manager's Office by_
Ori inating Department Head.
Additional Information Contact:
FROM Fund/Account/Centers
Marc Ott (6122)
S Frank Crumb (8207)
S Frank Crumb (8207)
Logname 60TUCKER MUD#2 Page 2 of 2