HomeMy WebLinkAboutResolution 3197-05-2005RESOLUTION NO 31° '1°U`J o~OOJ~
RESOLUTION GRANTING CONDITIONAL CONSENT
TO CREATION OF A MUNICIPAL°i7TILITY DISTRICT PROPOSED TO BE NAMED
CITY OF FORT WORTH MUNICIPAL UTILITY DISTRICT N0.2 OF
TARRANT COUNTY, TEXAS
WHEREAS, the owners of land within the proposed boundanes of a district proposed to be
named `City of Fort Worth Municipal Utility Distnct No 2 of Tarrant County Texas" (the `District")
have filed the Petition, attached as Exhrbrt A hereto requesting consent from the City of Fort Worth (the
`City") to create the D~stnct in the City's extratemtonal ~unsdiction and include certain land descnbed
ii Exhibit A hereto (the `Land"} wrthm the D~stnct; and
WHEREAS, the Land proposed to be included in the D~stnct lies within the extraterritorial
jurisdiction of the City' and
WHEREAS, the Pet~t~on states that the Distnct proposes to provide water sanitary sewer
drainage and other services, but not roads, to the Land within the proposed boundaries of the District,
and
WHEREAS, pending further discussions with the proponents of the District, at this tune the City
believes that creation of the D~stnct, as proposed ii tho request, ~ neither feasble nor practicable, that
there is na public necessity or need for the District, that creation of the DLStnct would not further the
public welfare, nor would rt be a benefit to the Land within the boundaries of the proposed D~stnct or
the residents of the proposed D~stnct, and the City reserves the right to pursue all legal remedies to
oppose and protest the creation of the D~stnct; and
WHEREAS, the City nonetheless desues to assert its conditional consent to creation of the
District and the inclusion w~thm the D~stnct of the Land within the City's extraterntonal ~unsd~ction ~r-
the event that the D~stnct ~ 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 TT 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 Extibrt A attached hereto within the City's extratemtonal jurisdiction
subject to and specifically conditioned upon the following:
This consent LS effective only in the event that the creation of the District complies and is
consistent with all applicable constitutional, statutory and regulatory provisions or
tI:Y'1'Y" ~! ~"~Illt'~"'1i111~l~.~l'lB
requirements. The City specifically reserves the nght to oppose and protest the creation
of the Distract and the mclusnon of the Land wrthui the Distract.
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 nght to inspect all facilities being constructed by the District.
4 The City shall have the nght to review and approve the Distnct's bonds and notes pnor 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 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, industnal 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 durinig construction and interest dunng construction.
The Distract shall not have any powers to construct, acquire or maintain roads.
6. The name of the District shall not include the phrase `Fort Worth.
7 The parties may negotiate further and contract, m venting, 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.
$ 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 iiutiate
proceedings to create the District as provided by law and waives no statutory or
constitutional requirements or restnctions that may apply to the District's creation.
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BE TT FURTHER RESOLVED BY THE CITY COUNCIIJ~~:®F~THEyCITY OF FORT
WORTH that the City Secretary is hereby duetted to file a copy of tl~s~,resolution in the permanent
records of that office. ~ ,
ADOPTED• ~ Jc-
BY
Mayor City
ATTEST ~L
City
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APPROVED
CITY COUNCIL
MAY 0 3 2005
~ ~~~
City Secretary of the
City of Fort Worth, Texas
~:_~~ Q~ ~~~~ ~~~~
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~~ ~ PETI'
`~ OF CIT~.Y OF FORT
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THE STATE'OF,TEXA'S`
COUNTY OF TARRANT'
02-11-05A11 18 RCVD
FOR CONSENT TO CREATION
TH MUNICIPAL UTILITY DISTRICT NO 2 OFi
TARRANT COLiNTY
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS
The undersigned property owners, acting pursuant to provisions of Chapter 49 and 54 Texas
Water Code, as amended, respectfully petition the Honorable Council of the City of Fort Worth,
Texas (the 'City") for the City Counsel s consent to the creation of a municipal utility district (the
'Distract"), and for cause would respectfully show the following•
I.
The name of the proposed Distract shall be 'City of Fort Worth Municipal Utility District
No. 2 of Tarrant 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.
Said District shall contain an area of approximately 259 098 acres of land, situated within
Tarrant County Texas, described by metes and bounds in Exhibit "A" attached hereto and
incorporated herein for all purposes (collectively the 'Pro e "). The Property is currently situated
wholly within the extratemtonal jurisdiction of the City
M
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005330 000001630759 1 LCODE
Exhibit "A"
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'IV
The undersigned constitute a ma~onty in value of the holders of title to the lands in the
Property as shown by the county tax rolls and conveyances of record since the date of preparation
of said county tax rolls.
v
The proposed Distnct shall be organized for the following purposes.
y1
(1) The control, storage, preservation and distribution of its waters and flood waters, the
waters of its nvers and streams, for all useful purposes, including municipal,
domestic, industnal 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 purity and sanitary condition of
water within the Distnct; and
(3) The collection, transportation, processing, disposal and control of all domestic,
industnal or communal wastes, whether of fluids, solids or composites; and
The aforementioned purposes are to be accomplished by any and all mechanical and
chemical means and processes uicident, necessary or helpful to such purposes, to the end that public
health and welfare may be 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 Distnct at the present
time is the (i) 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 amendirxent of the harmful excess
• of waters and the reclamation and drainage of overflowed lands within the proposed District; and
005330 000001\630759 1 LCODH 2
(iv) such other construction, installation, maintenance, purchase and operation of such additional
facilities, systems, plants and enterpnses as shall be consonant with the purposes for which the
proposed Dnstnct is organized.
VII.
There ns a necessnty for the improvements above described because the proposed District and
the Property are located wrtlun an area which will expenence a substantial and sustained residential ,;
and commercial growth within the unmechate future, ns urban nn 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 proposed Distnct and the Property require the acgwsition and installation
of an adequate waterworks system, storm and sanitary sewer collection and disposal system.
The purchase, construction, extension, improvement, maintenance and operation of such
waterworks system and stone and sanitary sewer collection and disposal system will conserve and •
preserve the natural resources of this State by promoting and protecting the punty and sanitary
condition of the State's waters and will promote and protect the public health and welfare of the
commumty• therefore, a pubinc necessity exists for the organization of the proposed Distnct and for
the inclusion of the Property within the proposed District. The Property cannot be developed without
the creation of the proposed Distnct to finance the water wastewater and drainage facilities,
therefore a public necessity exists.
VIII.
The proposed improvements are practicable and feasible, in that the terrain of the Property
to be included in the proposed Distnct 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 Property will
be rapidly developed pnmarily for residential and commercial purposes. •
005330 000001\630759 1 LCODE
I.X.
A prelumnary investigation has been instituted to determine the cost of the proposed
improvements described above, and rt is now estunated by the undersigned, from such mformaUon
as they have at this Ume, that the ultunate cost of such proposed improvements will be
approximately $14,500 000
X.
The undersigned requests that the City Council of the City grant its consent as above stated.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
005330 000001\630759 1 LCOBB 4
EXECUTED this 1 V day of February 2005
'PETITIONERS
PA&M, LTD
By TH HO:
By
By~ PRAIRIE(R~ OSE, INC General Partner
By ~ ul,
Priscilla A. Hodges, resident
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By NORTH TEXAS INVESTMENTS, L.L.C.,
General Partner
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By'
L. A n o g s, II, anager
By STREAM INVESTMENTS, L.L.C.
General Partner
By
Stephen H. Berry Manager
J.
O.P LEONARD JR INVESTMENT CO LTD
By Pecan Tex, LLC, General artner
By
O.P Hard, Jr Member •
005330 000001630759 1 LCODB 5
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NANCY ALICE LEONARD INVESTMENT CO
LTD
By Pecan Tex, LLC, General Partner
By
O.P Leonard, Jr Member
ON JR.
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ELLEN V LEON
E .LEONARD
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MARGER LE ARD
005330 000001\630759 1 LCODB
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THE STATE OF TEXAS
COUNTY O
This instrument was acknowledged before me on the 9~day of
2005 by Leland A. Hodges, President of The Hodges Cos., Inc., General Partner of PA ,LTD
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,,. ~trm~ SUSAN LENHEISER
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G~~Lo
Notary Public in and for the
State of
Name Punted or Typed
My Commission Expires:
THE STATE OF TEXAS §
COUNTY OF §
This mstrument was acknowledged before me on the 9~Gday of t~ ,
2005 by Priscilla A. Hodges, President of Prauie Rose Inc., General Partner of PA& ,LTD
~~ ~~-y SUSAPJ LENHfiSER
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} STATE OF TEXAS
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005330 000001\630759 1 LCODH
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THE STATE OF TEXAS
COUNTY OF
Tlus instrument was acknowledged before me on the day of c~ ,
2005 by L. Allen Hodges, III, Manager of North Texas Investments, L.L.C., General ner of
PA&M, LTD
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.,.,'pav~~ 5USRN LENHEISER
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STATE OF TEXAS
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Notary Public in and for the
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THE STATE OF TEXAS §
COUNTY OF §
• Tlus instrument was acknowledged before me on the ~~Gday of ~ ,
-2005 by Stephen H. Berry Manager of Stream Investments, L.L.C., General Partner of P &M,
LTD
~~~Y~ SUSAN IENNEISER
Notary publk
* * STATE OF TEXAS
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otary Public m and for the
State of
Name Panted or Typed
My Commission Expires.
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005330 000001\630759 1 LCODB
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THE STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the ~~day of ,
2005 by Martha J Anthony
~~smec"c'x~•
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t`1ot'a`y Publk Not Public in and for the .;
} *~ STATE OF TEXAS State of
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`°~' ° ~` ~ Name Printed or Typed
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THE STATE OF TEXAS §
COUNTY OF ~~C ~" Y't,~ vt~ §
This instrument was acknowledged before me on the day of
2005 by O.P Leonard, 3r Member of Pecan Tex, LLC, General Partner of O.P LeonL~ •
Investment Co Ltd.
~,,~rr MARI K WHITEMAN
Notary PuStic
' * STATE OF TEXAS
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005330 OOOODI\630759 1 LCODH 9
THE STATE OF TEXAS §
COUNTY OF ~~- Y"V'a v1't §
This instrument was acknowledged before me on the~~ay of
2005 by O.P Leonard, Jr Member of Pecan Tex, LLC, General Partner of Nancy Alice Le and
Investment Co Ltd.
hoar MART K WHITEMAN
Notary Public
i ~ ~ STATE OF TFJ(AS
(SEAL)
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Notary ublic m and for the
State of ~C S
Name Printed or Typed
My Commission Expues.rJ -`~~"" aD0(P
THE STATE OF TEXAS §
COUNTY OF ac. C'r v~~ §
This instrument was acknowledged before me on the~~~ay of ~Jl,-c{
2005 by R.W Leonard, Jr c/
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~1,,rr~, MARE K WHITEMAN
Notary Pub{fc _
* STATE OF TEXAS
~~'aF~!y My Come. Exp. 05/247
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THE STATE OF TEXAS
COUNTY OF Ia rv'~ V~'~
This instrument was acknowledged before me on the day of
2005 by Ellen V Leonard.
~~,x, MARI K WHiTEMAN
Notary Public
f ~ ~' STATE OF TEXAS ~~C
o}'~~~a5 My Comm Exp. 05124/2006 Notary ublic in and for the
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THE STATE OF TEXAS
COUNTY OF I i' Y~a rn'~
This instrument was acknowledged before me on the~ay of ~ ,
2005 by Emily A. Leonard.
~~,m,t~ MARI K WHITEMAN
Notary Public
` STATE OF TEXAS CC/~ ~lc~
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THE STATE OF TEXAS §
COUNTY OF ~ f V'a vt`~
T1us instrument was acknowledged before me on the""' Y~ay of
2005 by Marf?erv E. Leonard.________
~`°'~"~ MARI K WHITEMAN .~ a
Notary Public
~` ~ * STATE OF TEXAS Ct~
~'~oF~`4~ My comm. Exp. o5i24~2 Notary b 'c in and for the
State of -2 X~ZS f, } /,,
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005330 000001\630759 1 LCODB l2
EXHIBIT A
LEGAL DESCRIPTION
BEING a 259 098 acre tract of land located m Tarrant County Texas, a part of the J T Allen
Survey Abstract No. 67 apart of the C.E.P.I. & M. Company Survey Abstract No. 382, a part of
the S.B. Hopkins Survey Abstract No. 672, a part of the C.E. Newman Survey Abstract No.
1183, a part of the F Schoeverling Survey Abstract No. 1398, a part of the T & N O R.R.
Company Survey Abstract No. 156b, a part of the W K. Gandy Survey Abstract No. 1890, and
being a part of that 738.20 acre tract of land described in deed filed on January 8, 2004 in
Document D2004008174 of the Tarrant County Deed Records, and being fiu~ther described as
follows.
BEGINNING at the southwest corner of said 738.20 acre tract of land, said point being in the
center of White Settlement Road (County Road No. 1007);
THENCE North 00 degrees 31 minutes 00 seconds East, 4694 71 feet along the west line of said
738.20 acre tract of land to a point for corner-
THENCE South 89 degrees 29 minutes 00 seconds East, 137.38 feet to a point for corner'
THENCE South 24 degrees 36 minutes 10 seconds East, 264 Ol feet to a point for corner'
THENCE South 30 degrees 26 minutes 41 seconds East, 394 46 feet to a point for corner'
i
THENCE South 38 degrees 12 minutes 46 seconds East, 420.12 feet to a point for corner'
THENCE South 46 degrees 49 minutes 36 seconds East, 219.32 feet to a point for corner'
THENCE South 38 degrees 40 minutes 56 seconds East, 504 19 feet to a point for corner'
THENCE North 55 degrees 00 minutes 00 seconds East, 250 00 feet to a point for corner in the
east line of said 738.20 acre tract of land;
THENCE along the east line of said 738.20 acre tract of land as follows:
South 89 degrees 34 minutes 00 seconds East, 1850.60 feet to a point for corner
South 00 degrees 03 minutes 00 seconds West, 3059 10 feet to a point for corner
North 89 degrees 48 minutes 00 seconds West, 2036.40 feet to a point for corner'
South 00 degrees 0$ minutes 00 seconds West, 638.10 feet to the southeast corner of
said 738.20 acre tract of land, said point being in the center of White Settlement Road;
THENCE North 75 degrees 28 minutes 00 seconds West, 1280.20 feet along the south line of said
738.20 acre tract of land and along the center of White Settlement Road to the POINT OF
BEGINNING and containing 11,286,297 square feet or 259.098 acres of land.
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