HomeMy WebLinkAboutResolution 3158-01-20053/5 8'-oi-aQas
RESOLUTION GRANTING CONDITIONAL CONSENT
~~ ~ TO CREATION OF
NORTH FORT WORTH WATER CONTROL AND IMPROVEMENT DISTRICT #1 IN
THE EXTRATERRITORIAL JURISDICTION
WHEREAS, the owners of land within the proposed boundaries of North Fort Worth
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 District; and
WHEREAS, the Land proposed to be included in the Distract ties within the
extraterntoraal ~urasdiction 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 Distract; and
WHEREAS, pending further discussions with the proponent of the District, at this time
the City believes that creation of the Distract, as proposed m the request, is neither feasible nor
practicable, that there is no public necessity or need for the district, that creation of the district
would not. further the public welfaze, nor would it be a benefit to the Land within the boundaries
of the proposed Distract 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 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 extraterntorial
jurasdiction m 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 Distract and the inclusion
within the Distract of the Land described in Exhibit A attached hereto wrtlun the City's
extraterntoraal ~urasdiction subject to and specifically conditioned upon the following:
1 This consent is effective only in 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 right to oppose and
protest the creation of the District and the inclusion of the Land within the
District.
2. The Distract shall construct all facilities to serve the Land m 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 District'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
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 district and the payment of organization expenses,
operation expenses during construction and interest during construction.
6. 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
District and the inclusion within the District 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 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 c `y of this resolution in the
permanent records of that office. --~ ~ ~, ~ ~
ADOPTED• Q (- ~ ~ ~ ~ ~ * 1
B '~
APPROVED Mayor City o ~rt Wort ~~, ~ •
1 ~ - .~ ;
CITY COUNCIL _ ~'
~A ATTEST Y V \.
.,• N _ 4 2005 City Secre r
~ ~ ~^^~
City Secretary of the
City of Fort Worth, Tesas
~.
i0-~.~-~~4f,'i'I 5 CVu
PETITION FOR CONSENT TO CREATION OF NORTH FORT WORTH 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 `North Fort Worth Water Control and
Improvement District No 1 (the `District")
---.
II.
Said District 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 +/-251 75 acres of land, situated
within Denton and Wise Counties, Texas, described by metes and bounds iri Exhibit A, attached
hereto and incorporated herein. The Property within the boundaries of the Distract is located
within the ETJ of the City of Fort Worth.
IV
The undersigned constitute a majority m value of the holders of title to the lands m the
-proposed Distract, as shown by the county tax rolls and conveyances of record since the date of
preparation of said county tax rolls.
1
Exhibit A
V
Said District shall be organized for the following purposes
(1) The control, 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 a_ny shor*.age or harmfi:1 excess of waters,
and the protection, preservation and restoration of the purity 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 salutary 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; and (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 estunated by Petitioner from such information as is available at this tune, that
the ultunate cost of the project described in Section VI hereof will be approxunately $14 400 000
2
VIII.
There is a necessity for the iprovements above described because the Distract is located
within an area which will experience a substantial and sustained residential growth within the
immediate future, is urban m nature and is not supplied with adequate water sanitary sewer and
drainage facilities and services. The health and welfare of the future inhabitants of the District
and of the inhabitants of the area adjacent thereto require the acquisition and installation of an
adequate waterworks system, storm and drainage system and sanrtary sewer collection and
disposal system.
The purchase, construction, extension, improvement, maintenance and operation of such
waterworks system and storm and sanitary sewer collection and treatment system will conserve
and preserve the natural resources of this State by promoting and protecting the Aunty and
sanitary condition of the States waters and will promote and protect the public health and
welfare of the community Therefore, a public necessity exists for the organization of said
District.
The property cannot be developed without the creation of the District to finance the
water wastewater storm water and drainage facilities, therefore a public necessity exists.
IX.
Said proposed improvements are practicable and feasible, in that the terrain of the
territory to be included m the proposed Distract is of such a nature that a waterworks system,
sanitary and storm sewer systems and facilities can be constructed at a reasonable cost; and said
territory will be rapidly developed prinarily for residential purposes and will continue to
develop until the ma~oraty of the temtory located therein is used for residential purposes.
X.
The undersigned, is requesting that the City Council grant its consent as above stated.
Respectfully submitted this t~~ day of ~ ~~~ 2004
• 3
•
THE STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged
d
.~. P
LAURA WAYUWD
My Commission Expiros
.hdy 14, 200$
~Rw
Shale 114 LP
A Texas Limited Partnership
General Partner
Pars Investments, Inc.
A Texas Corporation
By• ~~~ /~
Mehrdad Moayedi, Manager
before me on ~ 2004 by
Notary Publzc m and for the S of Texas
4
• FIELD NOTES
PARCEL 1
Description fora 158.4.3 acre tract of land out oi. the SMFfH COUNTY SCHOOL LAND
SURVEY Abstract No. 743, lfise County Texas, Abstract No. 1137 Denton County
Texas and the iIII~,IAM 1fALLACE SURVEY Abstract No. 1434, lfise County
Texas, Abstract No. 1405, Denton County Texas, said tract of land being a portion of
that certain tract of land recorded in Vol. 4484, Pg. 520, D.R.D C T and Vol. 918, Pg.
280, O.R.>f C.T and being a portion of that certain tract of land recorded in Vol. 4484,
Pg. 524, D.R.D C.T and Vol. 918, Pg. 284, O:R:lf C.T
BEGINNING at a 3" steel fence post found, said fence post being for the Northwest
corner' of Block 1 SMITH COUNTY SCHOOL, Abstract No 743,. 19ise County Texas
and being in the 'South line of Vol. 114 Pg 248, D.R.1f.C.T said post also being for the
Northeast comer of Vol. 202, Pg. 625, D.R.R C.T
THENCE S 89'49'27" E, with the South line of said Vol. 114 Pg. 246, 2631.85 feet to a
60d nail .found in the approximate center .of County Line Road, said nail being for
the Southwest comer of Vol. 506, Pg 473, D.R.D.C.T
THENCE. S 00'38'19" R with. the appro~mate center of said County Line Road,
3910.31 feet to a ~ capped .iron found;
THENCE N 89°21 41 li 40.00 feet to a }~ capped' iron found, said iron being forte the
Northeast comer of Shale Creek, an Addition in lfise and Denton Counties, Texas.
according to the plat thereof recorded in Cabinet B, Slide 336, Plat Records, Vise
County.,_ .Texas; .and. Cabinet V Page- 374 Denton County Texas;
THENCE with the North line of said Shale Creek the following calls:
N 4142'48 'll 1002.94 feet to a ~ capped iron found;
N 48'10'52" R 89.33 feet to a ~ capped iron found;
N' 57'02'26 It 258.87 feet to ~a ~¢ capped iron found;
N 4142'48" R 760.50 feet to a ~ capped iron found;
N 48'43'18" 11 1180.80 feet to a ~ capped iron found, said iron being for the
beginning ~-of a curve to the' right,
THENCE with said curve to the right whose radius is 275.00 feet and whose central angle
is 03'49.14" and whose chord bears N 46'22'35" E, 18.33 feet and being an arc
length of 1.8.34 feet to a ~¢ ca fed iron found;
N 48'17'12" E, 13.33 feet to a ~ capped iron found,
N 41 42'48" R 160 00 feet to a ~¢ capped iron found;
S 48'17'12" 1P 223.27 feet to a ~ capped iron found at the Northwest corner of
said Shale Creek; said iron being in the East line of Vol, 324 Pg. 209 D.R.1P:C.T
THENCE N 00'36'33 E, with the East line of said Vol. 324 Pg. 209 and with the
East line of said Vol. 202, Pg. 625 1600.22 feet to the POINT OF BEGINNING and
containing 158.43 acres of land.
•
FIELD NOTES
PARCEL 2
Description for a. 67 45 acre tract of land out of the SMITH COUNTY SCHOOL LAND
SURVEY Abstract. No. 743, Aise County Texas, Abstract No 1137 Denton County
Texas and the AILLIA1f IIALLACE SURVEY Abstract No T434 Vise County
Texas, Abstract No 1405 Denton County Texas, said tract of land •being a portion of
that certain tract of land recorded in Vol. 4484 Pg. 520, D.R.D.C.T and Vol. 918, Pg
280 O.R.If C.T and being a portion of that certain tract of land recorded in VoI. 4484,
Pg 524, D.R.D.C.T and vol. 918, Pg 284 O.R,R.C.T
COMMENCING from a 3" steel fence post found, said fence post being for the
Northwest corner of Block 1 SMITH COUNTY SCHOOL, Abstract No. 743, lfise
County Texas and being in the South line of Vol. 114, Pg. 246, D.R.11.C.T said post
also being for the Northeast corner of Vol. 202, Pg. 825 D.R.11 C T., thence
S 00'36'33" R 2087.22 feet tv a ~¢ capped iron found, said iron being for the most
lfesterly Southwest corner of Shale Creek, an Addition in Rise and Denton Counties,
Texas, according to the plat thereof recorded in Cabinet B, Slide 336, Plat Records, lfise
County Texas, and Cabinet V Page 374, Denton. County Texas;
THENCE with Shale Creek Addition the following calls:
S 89''23'27" E,. 123:11 feet to a ~ capped iron found;
S 00'36'33" if 76.58 feet to a 1/2 " capped iron found;
S 89'23'27" E,
" R
S QO'36'3 50.00 feet to a 1~2
44
85
t
~ " napped iron found;
a
3 .
fee
to a }~
zz c
pped- iron found;
S 89'23'27" E, 105.00 feet to a ~ capped iron found;
S 00'36'33" if 147.83 feet to a ~ capped iron: found;
S X'18'27" E, 132:15 feet. to a ?~ capped iron found, said iron being for the
beginning of a curve to the right;
THENCE with said curve to the right whose radius is 215.00 feet and whose central angle
=--•=--°~°~~---=~~-°-==is 1T54'30"=--and=shore chord bears N 2T38'49 E, 66.93 feet and being an arc
length of 67.20 feet o a ?~ cap
'
" d iron found;.-
S 48'43
18
E, 141.38 .feet to a ~ capped iron found;
•S 00'36'33" if 391.64 feet to a ~ capped iron found;
N 48'17'12" E, 183.67 #eet to a ~ capped iron found;
N 46'43'18" if 120.00 feet to a ~ capped iron found;
N 43' 16'42" E, 105.00 feet to a ~ capped irnn found,
S 46'43'18" E, 174.26 feet to a ~¢ capped iron found, said iron being for "the
beginning of a curve "to -tle-"light,
__.
THENCE -with said curve to the right whose radius is 975.00 feet and whose central angle
is 05'00'30" and whose chord bears S 44'13'03" E, 85.20- feet and being an arc
length of 85.23 feet to a ~ cap d iron found;
'
"
S 41'42
48
E, 650.00 feet to a z " capped iTOn found;
S 48'17'12" 11 540:00 feet to a ~Z capped iron found;
S 18'30'36" if 48.25 feet to a 3¢" capped.. iron found;
S .1.1'.30- 43' _ A 50._40 feefr-. to a ~¢" napped u•oii =found;
S 19'00;23 if 105A.0 feet to a ,
~ capped iron found;
.S 65'5153 E; -1.0.7:94-- feet - to~ a -~¢ capped iron found;.
S 5T2T34 E,. 69,02 feet to a ~ capped' iron found;,
S 50'33'41 E, 76.28 feet.. to. a ~ capped iron. found, said iron being in- the Rest line
of Shale Creek Blvd.,
S 48'1T12} R with the lfest line. of said Shale 'Creek' Blvd., 1006.77 feet. to a ~
capped iron found; said iron being for the beginning of a curve to. the left,
THt'NCE with the Hest line of said Shale Creek Blvd., and said curve to the Ieft whose
radius is 605 00 feet and whose central angle is 48'01'23" and' whose chord bears
S 24'16'31 if 492.37 feet and being an arc length of 507.09 feet to a ~Z capped iron
found,
THENCE S 00'15 49" X continuing Kith the lfest line of said Shale Creek Blvd.,
53 42 feet to a }~ capped iron found at the intersection of the Rest line of said Shale
Creek Blvd., and the North line of State Hwy No. i 14,
THENCE N 89 4411 R with the North line of said State Hwy No. 114 960.70 feet to
a concre#,e moau~ent found,
THENCE N 89'37'29 R continuing with the North line of said State Hwy No 114
262.57 feet to a ~ iron set,
THENCE N 00' 10'33 E, 846 02 feet to a 4 steel fence post found,
THENCE S 89'16'23" E, 1128.47 feet to a 3" steel fence post found;
THENCE N 00'36'33 E, 21.46 51 feet to the POINT OF BEGINNING and containing
67 45 acres of land.
•
~~ FIELD NOTES
FARCEL 3
Description fora 25 87 acre tract of land out of the SMITH COUNTY SCli00L LAND
SURVEY Abstract No. 743 lfise County Texas, Abstract No 1137 Denton County
Texas and the 11ILLIAM RALLACE SURVEY Abstract No 1434, lfise County
Texas, Abstract No 1405 Denton County Texas, said tract of sand ~e:ng., a ic: tion of
that certain tract of Land recorded in Vol, 4484, Pg.. 52Q, D,R.D C T and~Vol: 918,_,Pg
280 O.R:11 C T and being a „portion of that:,: certain tract- of land. recori~ed in~ Vol. 4484
Pg. X28,. D:It:D:C.T and Vol:" 9Y8, Pg X288, OR:11 C T
COMMENCING from a 3 steel fence post found, said -fence- post being for the
Northwest corner of Block 1, SMITH COUNTY SCHOOL, Abstract No. 743, Xse
County Texas and being in the South line of Yol. 114, Pg 246, D.R.R~ C.T. said post
also being for the Northeast corner of Vol. 202, Pg. 625, D.R.l1 C.T thence
5.89'49'27"E.. 2631.65 feet ancf 5.00'3819"11 4742.26 feet ~o a ~ capped iron found
in the approximate center of County Line Road for the POINT OF BEGINNIDIG--
m
THENCE S 00'38'•19" 11 with the approximate center of said County Line
Road, 335.39 feet to a 60d nail found, said nail;
THENCE S 49'02'12" 11 172.16 feet to a 5J8 slick iron #ound in the North line of
State Hwy No. 114
THENCE N 84'4T29" 11 with the North line of said State Hwy No 114, 419;65
feet to a TXDOT monument found, said monument being for the beginning;.~:of a curve to
the left;
THENCE with the North line of said State Hwy No. 114 and said curve to;~the left
whose radius is 23038.31 feet and whose central angle is 04.39'24 and whose. chord
bears N 8T1T44 11 1871.95 feet and being an azc length of 1872.47 feet~~fa a ~
capped iron found, said iron being at the intersection of the North line of said State .Hwy
No. 114, and the East line of Shale Creek Blvd.,
THENCE N 00' 15'49" E, with the East line of said Shale Creek Blvd, 53.43 feet to a
}~ capped iron found, said iron being for the beginning of a curve to tihe right,
THENCE with the East line of said Shale Creek Blvd, and said curve to the right whose
radius is 495.00, and xhose central angle is 48'01'23" and whose chord bears
N 24'16'31 E, 402.85 feet and being an arc length of 414:89 feet to a ~ capped
iron .sound;
THENCE N 48'1T12" E, continuing with the East line of said.,.Shale Creek Blvd.,
594.28 feet to a ~ capped iron sound, said iron being at the intersection of the East .line N
of said Shale Creek Blvd., and the South line of Carpenter Lane; ;.;
., r_ ~,-;
_ ~,. -;
THENCE S 41'42'48" E, with the South line of said Carpenter Lane, 119.5T feet. to a
}~ capped iron found, said iron being for the beginning of a curve to the _left;
~:
THENCE with the South line of said Carpenter Lane,; and_ said curve to the `left trhose
radius is 845.00 feet .and whose central. angle is 08'143" and whose chord bears
S 46'03'39" E, 128.12. feet, and being an arc length of 128.24 feet. to a ~ capped,
iron found; ___= - ° - _- -
THENCE ~-ith the Southerip line of Shale. creek, an Addition in 1Pise .and Denton .
Counties, Texas, according to the plat thereof recorded in Cabinet B, Slide 336 flat.
Records, 8ise County Texas, and Cabinet V Page 374 Denton County Texas; the
following calls:
S 39'35'29' R 110.00 feet to a ~ capped iron found,
S 52'24'28" E, 66.63 feet to a ~Z" capped iron found;
S 56°24'21 E, 66.63 feet to a }~ capped iron found;
S fi0°2415 E, 66.63 feet to a ~Z capped iron found,
S 64°24'08" E, 66.63 feet to a ~Z capped iron found,
S 68°24'02" E, 86.63 feet to a ~ capped iron found;
S 72'23'55 E, 66.63 feet to a ~ capped iron found,
S 76'23'42" E, 66.63 feet to a. _~r capped iron found;
S 80'23'42" E, 66.63 feet to a ~ capped iron found,
S 83°17'28" E,
S 89°2141 E, 66.69 feet to a ~ capped iron found,
1161.98 feet to the POINT OF BEGWNING and containing 25.87
acres of Nand.
t