HomeMy WebLinkAboutResolution 3157-01-20053X57-ai
RESOLUTION GRANTING CONDITIONAL CONSENT
TO CREATION OF
SOUTH DENTON COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT #1
IN THE EXTRATERRITORIAL JURISDICTION
WHEREAS, the owners of land within the proposed boundaries of South Denton County
Water Control and Improvement District #1 (the `Distract") have filed the Petition, to include
certain land hereto (the `Land") within the Distract, described and attached as Exhibit A hereto,
requesting consent from the City of Fort Worth (the `City") to create the Distract; and
WHEREAS, the Land proposed to be included in the Distract lies within the
extraterntoraal ~urasdiction of the City and
WHEREAS, the District proposes to provide water sanitary sewer drainage, roads and
other services to the Land within the proposed boundaraes of the Distract; and
WHEREAS, pending further discussions with the proponent of the Distract, at this time
the City believes that creation of the District, as proposed in the request, is neither feasible nor
practicable, that there is no public necessity or need for the distract, that creation of the distract
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 raght
~.~ to pursue all legal remedies to oppose and protest the creation of the Distract;
,~ WHEREAS the Crt nonetheless desires to assert its conditional consent to creation of
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the Distract and the inclusion within the Distract of the Land within the City's extraterntoraal
~urasdichon m the event that the Distract is created,
WHEREAS, the purpose of granting conditional consent is to facilitate further
discussions and negotiation with the proponent of the Distract;
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 City's
extraterntoraal~urasdiction subject to and specifically conditioned upon the following:
1 This consent is effective only m the event that the entity creating the Distract finds
that the Distract should be created under applicable constitutional, statutory and
regulatory provisions. The City specifically reserves the raght to oppose and
protest the creation of the Distract and the inclusion of the Land within the
District.
2. The Distract shall construct all facilities to serve the Land in accordance with
plans and specifications that have been approved by the City
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3 The City shall have the raght to inspect all facilities being constructed by the
Distract.
4 The Crty shall have the raght to review and approve the Distract's bonds and notes
praor to issuance and may place restractions on the terms and provisions of the
Distract's bonds and notes issued to provide service to the Land and conditions on
the sale of the Distract's bonds and notes to the extent such restrictions and
conditions do not generally render the bonds and notes of the Distract
unmarketable.
5 The purposes for which the Distract 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
i. 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
~, iii. gather conduct, divert and control local storm water or other local harmful
~' excesses of water in the distract and the payment of organization expenses,
operation expenses durang construction and interest durang construction.
6 The parties may negotiate further and contract, in wrating, 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 Distract of the Land.
7 The phrase `consent to creation as used in this resolution has the meaning
provided in Sec. 42.042 (d), Texas Local Government Code, to wit, authorization
to initiate proceedings to create the Distract as provided by law
BE IT FURTHER RESOLVED BY THE CITY COUI~TCIL OF THE CITY OF
FORT WORTH that the City Secretary is hereby directed to file a c of this resolution m the
permanent records of th'a/t office. ~
~DOPTED• ~ ~ ~ ~ `~' ~ ~ BY
Mayor Crty;Zrf Fort Wo
..
APPROVED
CITY COUNCIL ATTEST _
City Secre
JAN _ 4 2005 ' ' ' `~ ,''
~~~~.
C~ Yl Of ForteWoZthf Texas
PETITION FOR CONSENT TO CREATION OF SOUTH IDENTON COUNTY WATER
CONTROL AND IMPROVEMENT DISTRICT NUMBER 1
THE STATE OF TEXAS
COUNTY OF DENTON
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF FORT WORTH.
The undersigned, acting pursuant to the provisions of Chapters 49 and 51 Texas Water Code,
as amended, respectfully petition this Honorable Council for its consent to the creation of a water
control and improvement district, and for cause would respectfully show the following:
I.
The name of the proposed District shall be `South Denton: County Water Control and
Improvement District No 1 (the Distract}.
II.
Said Distract shall be organized under the terms and provisions of Article XVI, Section 59 of
the Constitution of Texas, and Chapters 49 and 51 Texas Water Code, together with all amendments
and additions thereto
III.
Said District shall contain an area of approxunately +/ 231.59 acres of land, situated wrthm
Denton County Texas, described by metes and bounds ui Exhibit A, attached hereto and
incorporated herein. The Property within the boundaries of the District is located within the
extraterritorial jurasdiction of the City of Fort Worth, Texas.
IV
The undersigned constitute a ma~oraty m value of the holders of title to the lands in the
proposed Distract, as shown by the county tax rolls and conveyances of record since the date of
preparation of said county tax rolls.
V
Exhibit A"
Said District shall be organized for the following purposes.
(1) The contrpl, storing, preservation and distribution of its waters and flood waters, the
waters of its ravers and streams, for all useful purposes, including municipal and
domestic uses, and
{2) The control, abatement and change of any shortage or harmful excess of waters, and
the protection, preservation and restoration of the panty and sanitary condition of
water within the Distract;
(3) The collection, transportation, processing, disposal and control of all domestic,
wastes, whether of fluids, solids or composites,
(4) The gathering, conducting, diverting, and controlling of local storm water or other
local harmful excesses of water
(5) The aforementioned purposes are to be accomplished by any and all mechanical or
chemical means or processes incident, necessary or helpful to accomplish
these purposes, and to conserve and promote the public health and welfare and to protect,
effect, or restore the panty and sanitary condition of the States water
(6) The construction of roadways as allowed by law
VI.
The general nature of the work to be done by the District at the present time is (I) the
construction, maintenance and operation of a waterworks system for domestic purposes, (ii) the
construction, maintenance and operation of a sanitary sewer collection system and wastewater
treatment plant; (iii) the control, abatement and amendment of the harmful excess of waters and the
reclamation and drainage of overflowed lands within or affecting the District; (iv) the construction of
such roadways as allowed by law and (v) such other construction, installation, maintenance, purchase
and operation of such additional facilities, systems, plants and enterprises as shall be consonant with
the purposes for which the District is organized.
VII.
It is now estimated by Petitioner from such information as is available at this time, that the
ultLmate cost of the project described in Section VI hereof will be approximately $ 12,000 000
VIII.
2
There is a necessity for the improvements above described because the dnstrict is located
within an area which will experience a substantial and sustained residential growth within the
immediate future, is urban in nature and is not supplied with adequate water, samtary sewer, and
drainage facilities and services. The health and welfare of the future inhabitants of the District and
of the inhabitants of the area adj scent thereto require the acquisition and installation of an adequate
waterworks system, storm and drainage system and sanitary sewer collection and disposal system
and any roadways as allowed by law
The purchase, construction, extension, improvement, maintenance and operation of such
waterworks system and storm and sanitary sewer collection and treatment system will conserve and
preserve the natural resources of this State by promoting and protecting the purity and sanitary
condition of the States waters and will promote and protect the public health and welfare of the
community Therefore, a public necessity exists for the orgamzation of said District.
The property cannot be developed. without the creation of the District to finance the watez~
wastewater storm water and drainage facilities, therefore a public necessity exists.
IX.
Said proposed improvements are practicable and feasible, in that the terrain of the temtory to
be included nn the proposed District is of such a nature that a waterworks system, sanitary and storm
sewer systems and facilities can be constructed at a reasonable cost; and said temtory will be rapidly
_..~ developed primarily for residential purposes and will continue to develop until the ma~onty of the
temtory located therein is used for residential purposes.
X.
The undersigned, ns requesting that the Cnty Council grant its consent as above stated.
Respectfully submitted this ~ day of 2004
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THE STATE OF riz.ona
COUNTY OF Mgricopa
BOA SORTE LIMITED PARTNERSHIP
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THE STATE OF 1 ~ OG
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THE STATE OF ZQ N 1~.-.
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acknowledged before me on 2004 by
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STATE OF ~~-- '
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This ulstru nt was acknowledged before me on -~~ 2004 by
KEVIN BRENT WNITENACK N tary Public in and for the State of N~
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~` C:1DocslSouth Denton~Petition for Consent to Creation of South Denton County WCID No. 1(2).wpd
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LEGAL DESCRIPTION
BEING a .231 59-acre tract of land situated in the William C. Halmark Survey Abstract
No 518, Denton County Texas, said tract being a part of a tract of land to EI B J.
Joint Venture, as recorded in Volume 2410 Page 608, Deed Records Denton County
Texas (D R D C T) said tract being a part of a 232.506 acre tract (First Tract) of
land described in deed recorded in Volume 1183 Page 752, D R D C T said tract being
more particularly described as follows:
BEGINNNG at a 1/2-inch found iron rod for corner on the north right-of=way line of
State Highway No 114 (100 feet wide) said corner being on the south line of said
232.506 acre tract;
THENCE North 00 degrees 00 minutes 00 seconds East, parallel to the west line of
said 232.506 acre tract, passing at a distance of 479 31 feet a 1/2-inch found iron
rod for the most southerly northeast corner of Willow Springs Addition as record ed in
Cabinet D Page 3 .17 Plat Records Denton County Texas (P R D C T) continuing along
_
the east line of said Willow Springs Addition a total distance of 2519 76 feet to a
1/2-inch set iron rod with cap stamped 'EC&D RPLS 5439 (hereinafter referred to
as with cap) for the northeast corner of said Willow Springs Addition
THENCE North 90 degrees 00 minutes 00 seconds West, along the north line of said
Willow Springs Addition a distance of 13 34 feet to a 1-inch found iron for corner on
..the west line of said 232.506 acre tract,
THENCE North 00 degrees 04 minutes 19 seconds West, along the west line of said
232.506 acre tract, a distance of 1563 74 feet to a 3/8-inch found iron rod for the
northwest corner of said 232.506 acre tract,
THENCE South 89 degrees 48 minutes 09 seconds East, along the north line of said
232.506 acre tract, a distance of 316.0 39 feet to a 1 /2-inch set iron rod with cap
for the northeast corner of said 232.506 acre tract,
THENCE South 00 degrees 35 minutes 03 seconds East, along the east line of said
232.506 acre tract a distance of 2753.77 feet to a 1 /2-inch set iron rod with cap
for the most northerly southeast corner of said 232.506 acre tract,
THENCE North 89 degrees 56 minutes 07 seconds West, along said 232.506 acre
tract, a distance of 2150 68 feet to a 1 /2-inch set iron rod with cap for an ell
corner of said 232.506 acre tract,
THENCE South .00 degrees 10 minutes 33 seconds East, along said 232.506 acre
tract a distance of 1322.86 feet to a found concrete monument for the southeast
corner of said 232 506 acre tract, said corner being on the north right-of-way line
of the aforementioned State Highway No 114
THENCE North 89 degrees 55 minutes 08 seconds West along the north right-of-way
line of the State Highway No 11.4 a distance of 1026 53 feet to the POINT OF
BEGINNING AND CONTAINING 10 087 589 square feet or 231 59 acres of land more or
less
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rr~@VEYOR'S CERTIFICATE
The undersigned Registered Professional Land Surveyor (the Surveyor') hereby certifies
to BOA SORTS, LP' EL B J JOINT VENTURE, STEWART TITLE, and STEWART TITLE
GUARANTY COMPANY that (a) this plat of survey and the property description set
forth hereon were P.repareci fi-orri an actual on-the_:ground survey of the real property
(the Property') described in the field notes on this plat of survey (b) such survey
was conducted by 4the Surveyor or under his dire.:tion (c) al! monun-gents shown
her..eon.. =a:ctucally existed on the date of survey and the location size and type of
rnate~al thereof are correctly shown (d) except as shown hereon there are no
observable encroachments o.n to the .Property or observable: protrusions -th~erefrgm
there are no observable. improverne.nts on the Property, ..,them; are no oEserva:bie_
;:easements or rights cfiwa:y eitla~r~.burdenirtg: or ~benefittm~, the ,P~'operty, .and there-
are no observable discrepancies, conflic~9, 'sh~~`tages' ire prep or #~.nuridary line conflicts;
(e) the Property has apparent access to antl frorrr a public roadway' (f) recorded
easements listed in Title Commitment GF No. 03101680 have been labeled and platted
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hereon unless otherwise noted (g) the boundaries, dimensions and other details
shown hereon are shown to the appropriate accuracy standards of the Manual of
Practice for i Land Surveying in Texas (1999) for a Category 1 A, Condition II Urban
Survey (h) By graphical plotting the parcel described hereon lies within Zones A
and X" as delineated on the Denton County Texas and Incorporated Areas Flood
Insurance Rate Map Map Number 4812100475 F and 4812100490 F dated March 30
1998, as published by the Federal Emergency Management Agency Zone A is
defined as No base flood elevations determined Zone X" is defined as Areas
`~ 'ermined to be outside 500-year floodplain The Surveyor utilized the above
enced floodplain information for this determination and the Surveyor does not
certify that revised floodplain information has or has not been published by the
Federal Emergency Management Agency or some other source.
~ Ig ~
Hal Mollenkopf
Registered Professional Land Surveyor
State of Texas No 5439
BOUNDARY SURVEY
OF
23159 ACRES
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