HomeMy WebLinkAboutResolution 3176-03-2005RESOLUTION NO. ~ / ~ -~ ~ ~~~~
RESOLUTION GRANTING CONDITIONAL CONSENT
TO CREATION OF A MUNICIPAL UTILITY DISTRICT PROPOSED TO BE NAMED
CITY OF FORT WORTH MUNICIPAL UTILITY DISTRICT NO. 1 OF
DENTON COUNTY, TEXAS
WHEREAS, the owners of land within the proposed boundaries of a district proposed to be
named `City of Fort Worth Municipal' Utility District No 1 of Denton County Texas" (the `District")
have filed the Petition, attached as Exhibit A hereto requesting consent from the City of Fort Worth (the
`City") to create the District m the City's extraterritorial jurisdiction and include certain land described
in Exlubrt A hereto (the `Land") within the District, and
WHEREAS, the Land proposed to be included in the District lies within the extraterritorial
~unsdiction of the City and
WHEREAS, the Petition states that the District proposes to provide water sanitary sewer
drainage and other services, but not roads, to the Land withui the proposed boundaries of the District;
and
WHEREAS, pending further discussions with the proponents 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 District, that creation of the Distract would not further the
public welfare, nor would it be a benefit to the Land within the boundaries 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; and
WHEREAS, the City nonetheless desires to assert its conditional consent to creation of the
District and the inclusion within the District of the Land within the City's extratemtorial ~unsdiction in
the event that the District is created, and
WHEREAS, one of the purposes of granting conditional consent is to facilitate further
discussions and negotiation with the proponents 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
District of the Land described m Exhibit A attached hereto within the City's extraterritorial jurisdiction
subject to and specifically conditioned upon the following:
This consent is effective only m the event that the creation of the District complies and is
consistent with all applicable constitutional, statutory and regulatory provisions or
requirements. The City specifically reserves the right to oppose and protest the creation
of the Distnct and the inclusion of the Land within the District.
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 right to inspect all facilities being constructed by the Distnct.
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 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 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 unprovement 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;
11. 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 dunng construction and interest dunng construction.
The Distnct shall not have any powers to construct, acquire or maintain roads.
6 The name of the Distnct shall not include the phrase `Fort Worth.
7 The parties may negotiate further and contract, in venting, to modify the foregoing terms
and conditions of the City's consent to the creation and purpose of the Distnct and the
inclusion within the Distnct of the Land.
8 The phrase `consent to creation" as used in this resolution has the meanuig provided in
Sec. 42.042 (d), Texas Local Government Code, to wit, authorization to initiate
proceedings to create the District as provided by law and waives no statutory or
constitutional requirements or restrictions that may apply to the District's creation.
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• ~ ``
BY
Mayor ity o ort rth ~,,,;~{ ~~;~~t~ ^f.
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City Secret` ~-~ ,,,__.... ~~----~ 2 Rr,~
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APPROVED
CITY COUNCIL
MAR 2 4 2005
`(~ ~
City Se~of the
City of Fort Worth, Texas
PETITION FOR CONSENT TO THE CREATION
• OF `CITY OF FORT WORTH MUNICIPAL UTILITY DISTRICT NO 1 OF DENTON
COUNTY TEXAS
THE STATE OF TEXAS §
COUNTY OF DENTON
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS
The undersigned property owners, acting pursuant to the provisions of Chapters 49 and
54 Texas Water Code, as amended, respectfully petition the Honorable City Council of the City
of Fort Worth, Texas (the `Ci ') for the City Council s consent to the creation of a municipal
utility distract (the `District") In support of this Petition, the undersigned would respectfully
show the following:
I.
The name of the proposed Distract shall be `City of Fort Worth Municipal Utility District
No 1 of Denton County Texas"
II.
The proposed Distract shall be organized under the terms and provisions of Article XVI,
Section 59 of the Constitution of Texas, and Chapters 49 and 54 Texas Water Code, together
with all amendments and additions thereto
III.
The proposed Distract shall contain an area of approximately 431.303 acres of land
situated within Denton County Texas, and consisting of the tracts described by metes and
bounds on Exhibit A and depicted by the diagram on Exhibit B, both exhibits attached hereto
and incorporated herein for all purposes (collectively the `Pro ert ") The Property is currently
situated wholly within the extratemtoraal Junsdiction of the City No portion of the Property is
situated within the corporate limits of the City or within the corporate hmrts or extratemtoraal
Junsdiction of any other city
IV
The undersigned constitute a maJoraty m value of the holders of title to the Property as
shown by the county tax rolls and conveyances of record since the date of preparation of said
county tax rolls.
Fort Worth MUD Consent Petition Page 1
Revised 11.24 04
Exhibit A oia9ao.oooio:s6s3so.o2
• ~
The proposed District shall be organized for the following purposes.
(1) The control, storage, preservation and distribution of its waters and flood waters,
the waters of its avers and streams, for all useful purposes, including municipal, domestic,
industrial and communal 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 proposed District; and
(3) The collection, transportation, processing, disposal and control of all domestic,
industrial or communal wastes, whether of fluids, solids or composites.
The aforementioned purposes are to be accomplished by any and all mechanical and
chemical means and processes incident, necessary or helpful to such purposes, to the end that
public health and welfare maybe conserved and promoted and the panty and sanitary condition
of the State s waters protected, effected and restored.
VI.
The general nature of the work to be done by and within the proposed District and within
_ the Property at the present time is the (1) construction, maintenance and operation of a
waterworks system for residential and commercial purposes; (2} the construction, maintenance
and operation of a sanitary sewer collection system and sewage disposal plant; (3) the control,
abatement and amendment of the harmful excess of waters and the reclamation and drainage of
overflowed lands within the proposed District; and (4) 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 proposed District is organized.
VII.
There is a necessity for the improvements described above because the proposed District
and the Property are located within an area which will experience a substantial and sustained
residential and commercial growth within the unmediate future, which is urban iii nature, and
which is not supplied with adequate water sanitary sewer and drainage facilities and services.
The health and welfare of the future inhabitants of the proposed Distract and the Property require
the acquisition and installation of an adequate waterworks system and storm and sanitary sewer
collection and disposal system.
The purchase, construction, extension, improvement, maintenance and operation of such
waterworks system and storm and sanitary sewer collection and disposal system will conserve
and preserve the natural resources of this State by promoting and protecting the panty and
sanitary condition of the State s waters and will promote and protect the public health and
welfare of the community therefore, a public necessity exists for the organization of the
proposed District and for the inclusion of the Property within the proposed District.
Fort Worth MiID Consent Petition Page 2
Revised 11.24 04
014940.00010:868380.02
The Property cannot be developed without the creation of the proposed Distract to finance
the water wastewater and drainage facilities, therefore a public necessity exists.
VIII.
The proposed improvements described above are practicable and feasible, in that the
terrain of the Property is of such a nature that a waterworks system and sanitary and storm sewer
systems and facilities can be constructed at a reasonable cost; and said Property will be rapidly
developed pnmanly for residential and commercial purposes.
I.
A preliminary investigation has been instituted to determine the cost of the proposed
improvements described above, and it is now estimated by the undersigned, from such
information as they have at this time, that the ultunate cost of such proposed improvements will
be approximately $25 000 000 00
X. The undersigned request that the City Council of the City grant its consent as above
stated.
RESPECTFULLY SUBMITTED to be effective the 24t" day of November, 2004
•
APERION COMM TIES, LLLP an Anzona limited
liability limited partner ,
By
David P Maniatis, General Partner
ELADIO PROPERTIES, LLLP an Arizona limited liability
limited parhiershipG!~~%~'
By //
David P Maniatis, General Partner
DROOY PROPERTIES, LLLP an Arizona limited liability
limited partnership. '~
David P Maniatis, General Partner
Fort Worth MUD Consent Petition Page 3
Revised 11.24 04
014940.00010:868380.02
STATE O .~,
COUNTY OI~~ ~~
This instrument was acknowledged before me on Novembe~ 2004 by David P Maniatis, General
Partner for Aperiori Communities, LLLP an Arizona limited liability I~mited partnership, on behalf of said limited
partnership.
Notary Public in and fo
pAUtp, K. RICHARD
§ No~~ qty zona
STATE O ~ ~1u~7
COUN'T'Y OF +~; ~ ~~~ §
This instrument was acknowledged before me on November~j, 2004 by David P Maniatis, General
Partner for Eladio Properties, LLLP an Arizona limited liability limited partnership, on behalf of said limited
partnership.
STATE O
COUNTY OF , ~ nc~T ~..
~~ 9 ~~!
Notary Public in and fot~,ao.
°° __ ~- ~~ ~°k J
p~uu- w Rtiu+A~o
l+otacv t - Arizona
u~~ io
This instrument was acknowledged before me on November 2004 by David P Maniatis, General
Partner for DROOY Properties, LLLP an Arizona limited liability limited partnership, on behalf of said limited
partnership.
Notary Public in and foi~_`"°_~"_, Q~
PAl1lA K• RICk1ARD
~ry Publ'K -Arizona
oziii/fl
Fort Worth MUD Consent Petition
Revised 11.24 04
Page 4
014940.00010:868380.02
EXHIBIT A
DESCRIPTION OF THE PROPERTY
BEING a 431.303 acre tract of land compnsed of two separate tracts of land in the G Cardenas
Survey Abstract No 214 situated in Denton County Texas and being a combination of that
tract conveyed to Alliance 161 Investments by deed recorded m Volume 2778, Page 958 of the
Real Property Records of Denton County Texas (RPRDCT), a portion of those tracts conveyed
to Apenon Communities, L.L.L.P by deed recorded under County Clerk's File No 2004-11913
RPRDCT (Apenon Tract One A and Apenon Tract One-B) and a portion of that tract conveyed
to Nancy Talley Reynolds, et al, by deed recorded 1n Volume 2301 Page 223 RPRDCT and
being more particularly described as follows.
TRACT ONE
BEGINNING at a capped 5/8 iron pin found, said iron pin also being on the north nght-of way
line of State Highway No 114 said iron pin also being on the west tine of said Alliance 161
Investments tract, said iron pin also being on the east line of a tract conveyed to Betty Mane
McIntyre, et al, by deed recorded m Volume 2906, Page 363 RPRDCT
THENCE N OOE32'36 W along the west line of said Alliance 161 Investments tract and the east
line of said McIntyre, et al, tract recorded in Volume 2906, Page 363 RPRDCT a distance of
3701.24 feet to a 3/8 iron pin found,
THENCE N 89E39'S9" E along the north tine of said Alliance 151 Investments tract and the east
line of said McIntyre, et al, tract recorded in Volume 2906, Page 363 RPRDCT a distance of
1826.89 feet to a 1/2 iron pin found, said iron pin also being on the west line of said Apenon
Tract One-A,
THENCE N OOE22'44 W along the east lute of said McIntyre, et al, tract recorded m Volume
2906 Page 363 RPRDCT and the west tine of said Apenon Tract One-A, a distance of 1294 80
feet to a capped 1/2 iron pin set;
THENCE S 86E14'27" E, a distance of 222.13 feet to a capped 1/2 iron pin set;
THENCE S 52E34'22 E, a distance of 867 86 feet to a capped 1/2 iron pin set;
THENCE S 44E08'03 E, a distance of 999 82 feet to a capped 1/2 iron pin set;
THENCE S 65E58'36" E, a distance of 1029 92 feet to a capped 1/2 iron pin set;
THENCE N 90E00'00" E, a distance of 773.31 feet to a capped 1/2" iron pin set; said capped
1/2" iron pin set also being on the east line of said Apenon Tract One-A and the west line of that
tract conveyed to Ferbro Investments, LLC by deed recorded under County Clerk's File No 97
0003605 RPRDCT
Exlul~it A to Fort Worth MUD Consent Page 1
014940.00010:868380.02
THENCE S OOE07'20" E along the east lme of said Apenon Tract One-A and the west lisle of
said Ferbro Investments tract, a distance of 857.55 feet to a 1/2 iron pin found, said iron pm
being on the northwesterly line of a tract conveyed to The Atchison, Topeka and Santa Fe
Railway Company by deed recorded under County Clerk's File No 93-R0020408 RPRDCT
THENCE S 44E23'02 W along the east hne of said Apenon Tract One-A and the northwesterly
line of said Atchison, Topeka and Santa Fe Railway Company tract a distance of 2256 14 feet to
a 5/8 iron pin found,
THENCE N 47E15'S1" W along the east hne of said Apenon Tract One-A and the northwesterly
lme of sand Atchison, Topeka and Santa Fe Railway Company tract, a distance of 24 73 feet to a
5/8" iron pin found,
THENCE S 44E27'42 W along the east line of said Apenon Tract One-A and the northwesterly
hne of said Atchison, Topeka and Santa Fe Railway Company tract, a distance of 1121 43 feet to
a brass monument in concrete found, said brass monument also being on the said north nght-of
way hne of State Highway No 114
THENCE S 89E47'36" W along the south lme of said Apenon Tract One A and the north nght
of way hne of State Highway No 114 a distance of 286.33 feet to a brass monument in concrete
found,
THENCE S 84E30'09" W along the south hne of said Apenon Tract One-A and the north nght
of way line of State Highway No 114 a distance of 703 04 feet to a brass monument in concrete
found,
THENCE S 89E48'48 W along the south lme of said Apenon Tract One A and the north nght
of way line of State Highway No 114 a distance of 1249 97 feet to a capped 1/2 iron pin set;
THENCE N OOEl 1 12 W along the south hne of said Apenon Tract One-A and the north nght
of way hne of State Highway No 114 a distance of 15 00 feet to a capped 1/2 iron pin set;
THENCE S 89E48'48" W along the south line of said Apenon Tract One A and the north right
of way line of State Highway No 114 a distance of 250 00 feet to a capped 1/2 iron pm set;
THENCE S OOE11 12 E along the south lme of said Apenon Tract One A and the north nght
of way line of State Highway No 1 l4 a distance of 15 00 feet to a capped 1/2 iron pin set;
THENCE 5 89E48'48" W along the south lme of said Apenon Tract One-A and the north right
of way line of State Highway No 114 a distance of 238.28 feet to the Point of Beginning and
contaimng 16,728,840 square feet or 384 041 acres of land, more or less.
Exhibit A to Fort Worth MUD Consent Page 2
014940.00010:868380.02
TRACT 2
BEGINNING at a brass monument in concrete found, said brass monument also being on the
south hne of said Apenon Tract One-B, said brass monument also being on the north nght-of
way line of State Highway No 114 said brass monument also being on the west hne of a tract
conveyed to Ferbro Investments by deed recorded under County Clerk's File No 97-0003605
RPRDCT
THENCE S 89E46'48 W along the south line of said Apenon Tract One B and the north nght
of way hne of State Highway No 114 a distance of 1072.97 feet to a brass monument in
concrete found,
THENCE N 86E29'44 W along the south hne of said Apenon Tract One B and the north nght
of way hne of State Highway No 114 a distance of 900.20 feet to a brass monument m concrete
found, said brass monument also being on the southeasterly hne of a tract conveyed to The
Atchison, Topeka and Santa Fe Railway Company by deed recorded under County Clerk's File
No 93-R0020408 RPRDCT
THENCE N 44E26'31 E along the west hne of said Aperion Tract One-B and the southeasterly
i hne of said Atchison, Topeka and Santa Fe Railway Company tract, a distance of 2809.53 feet to
a 5/8 iron pm found, said iron pm also being on the west hne of said Ferbro Investments tract;
THENCE S OOE07'09" E along the east hne of said Apenon Tract One-B and the west line of
said Ferbro Investments tract, a distance of 2056 80 feet to the Point of Beginning and containing
2,058,725 square feet or 47.262 acres of land, more or less.
Exhibit A to Fort Worth MUD Consent Page 3
O l 4940.00010:868380.02
E
DEPICTION OF THE PROPERTY
Exhibit B to Fort Worth MUD Consent Page 1
014940.00010:868380.02