HomeMy WebLinkAboutResolution 3299-12-2005RESOLUTION NO 3 a`~' 9- I a -~~
A RESOLUTION CONSENTING TO THE CREATION OF CITY OF
FORT WORTH MUNICIPAL UTILITY DISTRICT NO 1 OF DENTON
COUNTY AND TO CERTAIN ROAD PROJECTS WITHIN THE
DISTRICT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AGREEMENT CONCERNING CREATION AND
OPERATION OF CITY OF FORT WORTH MUNICIPAL UTILITY
DISTRICT NO 1 OF DENTON COUNTY" FOR PHASE 1 OF THE
TRADITION DEVELOPMENT
WHEREAS effective May 3 2005, the City of Fort Worth (the `Cit ') adopted a
Policy Concerning Creation of Conservation and Reclamation Districts (the `Creation
Policy»);
WHEREAS, by Act of May 25 2005 79th Legislature, Regular Session, Chapter
1330, enacting Chapter 8129 Special District Local Laws Code, effective September 1
2005 ("the `Distract Legislation'), the Texas Legislature approved the creation of City of
Fort Worth Municipal Utility District No 1 of Denton County encompassing that certain
431.303-acre tract situated in the City's extraterritorial jurisdiction in Denton County
Texas, described in Section 2 of the Distract Legislation (the `District"), which Distract ties
in the extraterritorial jurisdiction of the Crty
WHEREAS, Section 8129 023 of the Distract Legislation provides that the election
to confirm the creation of the District may not be held unless the City adopts a resolution
after September 1 2005 consenting to the creation of the Distract;
WHEREAS, Section 8129 102(c) of the Distract Legislation provides that the
District may not undertake a road project unless the City consents by ordinance or
resolution,
WHEREAS, Aperion Communities, LLLP Eladio Properties, LLLP and Drooy
Properties, LLLP Arizona united liability limited partnerships (collectively `Owner")
have petitioned the City to obtain the City's consent to the creation of the Distract and to
the undertaking of a road project by the Distract, as defined in the petition;
WHEREAS, the City and Owner have negotiated the terms of the Agreement
Concerning Creation and Operation of City of Fort Worth Municipal Utility District No 1
of Denton County" between the City the District, and Owner (the `Consent Agreement")
attached hereto as Exhibit A, and
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WHEREAS, following its review of the Creation Policy and the Consent
Agreement, the City Council desires to adopt this Resolution, which consents to creation of
the Distract subject to the terms of the Consent Agreement, complies with the consent
process set forth in Section 8129 023 of the Distract Legislation, and consents to the Road
Project as defined in and subject to the Consent Agreement, pursuant to Section
8129 102(c) of the District Legislation,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS
That the City Council of the City of Fort Worth hereby grants its consent to the
creation of City of Fort Worth Municipal Utility District No 1 of Denton County pursuant
to the District Legislation and subject to the terms and conditions set forth in the Consent
Agreement.
2.
That the City Council of the City of Fort Worth hereby grants its consent to the
Road Project as defined m the Consent Agreement, subject to the terms and conditions set
forth in the Consent Agreement.
That the City Manager or a designee is hereby authorized to execute the
Agreement Concerning Creation and Operation of City of Fort Worth Municipal Utility
District No 1 of Denton County attached hereto as Exhibit A, and that the City Secretary
is hereby authorized to attest such execution for and on behalf of the City in multiple
counterparts.
4
That this Resolution shall constitute consent to the creation of the District pursuant
to Section 8129 023 of the District Legislation and consent to the Road Project, as defined
in the Consent Agreement, pursuant to Section 8129 102(c) of the District Legislation.
5
That it is officially found and determined that this meeting of the City Council of
the City of Fort Worth is open to the public as required by law and that written notice of
the date, hour, place and subject of the meeting was posted for at least seventy-two hours
before the meeting as required by law
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6.
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That this Resolution and the Consent Agreement shall supersede any prior
resolutions or agreements regarding the City's consent to creation of the Distract.
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of ,~2 c P1~~ P.,I' , 2005
Marty Hendrix,/ ~ » '=
City Secretary '~-',~
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'APPROVED ~~~
CITY COUNCIL
DEC 1 3 2005
City Secretary of the
City of Fort Worth, Texas
Exhibit A
The Agreement Concerning Creation and Operation of City of Fort Worth Municipal Utility District No. 1 of
Denton County ns available for nnspection and copying m the Cnty Secretary's Office, Third Floor of City
Hall, 1000 Throckmorton.
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