HomeMy WebLinkAboutContract 36195-A1A1 CITY SECRETARY
CONTRACT NO. 34
. 11L�.10
FIRST AMENDMENT TO AMENDED AND RESTATED UTILITY AGREEMENT
FOR MORNINGSTAR RANCH
THIS FIRST AMENDMENT TO AMENDED AND RESTATED UTILITY
AGREEMENT FOR MORNINGSTAR RANCH (this "Amendment") is made and entered into
as of the 30th day of March, 2017, by and between the CITY OF FORT WORTH, TEXAS, a
home-rule municipal corporation situated in Tarrant, Denton, Johnson, Parker and Wise
Counties, Texas, (the "City"), acting by and through its duly authorized Assistant City Manager;
MORNINGSTAR RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF PARKER COUNTY
("District One") and MORNINGSTAR RANCH MUNICIPAL UTILITY DISTRICT NO. 2 OF
PARKER COUNTY ("District Two"), political subdivisions of the State of Texas, operating
under the provisions of Article XVI, Section 59 of the Texas Constitution and Chapters 49 and
54, Texas Water Code, as amended (collectively, the "Districts"); and FG ALEDO
DEVELOPMENT, LLC, a Texas limited liability company, and FWFW HOLDINGS, INC., a
Texas corporation (collectively, the"Owner").
RECITALS:
A. The City, the Districts, and Owner previously entered into that Amended and
Restated Utility Agreement for Morningstar Ranch dated effective August 21, 2015 (the
"Original Agreement").
B. By Order dated March 30, 2017, District Two's Board of Directors approved the
exclusion of certain land from District Two and redefined the boundaries of District Two.
C. By Resolution No. 4764-03-2017, approved by the City Council of the City on
March 28, 2017, the City Council consented to the annexation of certain land by District One.
D. By Order dated March 30, 2017, District One's Board of Directors approved the
annexation of certain land into District One and redefined the boundaries of District One.
E. The City, the Districts, and Owner desire to amend the Original Agreement to
reflect the new boundaries of the Districts.
NOW THEREFORE, for and in consideration of the mutual agreements, covenants, and
conditions hereinafter set forth, the City, the Districts, and Owner contract and agree as follows:
AGREEMENT:
1. Exhibit A and Exhibit B to the Original Agreement are replaced by Exhibit A and Exhibit
B hereto.
456 ,
9 ,
OFFICIAL RECORD
CITY SECRETARY
4847-5019-9616.vl
FT.WORTH, TX
2. The "Recitals" set forth in this Amendment are true and correct and form the basis upon
which the parties have entered into this Amendment and are incorporated as part of this
Amendment for all purposes.
3. The Original Agreement, as amended by this Amendment, remains in full force and
effect.
4847-5019-9616.v1 - 2 -
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date and
year first written above.
ATTEST: ORT CITY OF FORT WORTH
Azkyylq _.
r, ity S * a.Assistant City Manager
••Pc�• Date: ZO 7
TEX
APPROVED AS TO FORM
LEGALITY:
Assistint City Attney p
M&C: te
1295: %�- ► S3
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
4847-5019-9616.vl - 3 _
MORNINGSTAR RANCH MUNICIPAL
UTILITY DISTRICT NO. 1 OF PARKER
COUNTY
ATTEST:
S,ecre BoardDirec rs President,Board 4 Directors
Date:
MORNINGSTAR RANCH MUNICIPAL
UTILITY DISTRICT NO.2 OF PARKER
COUNTY
ATTEST:
�l - --- ':
Secre d o4irectors Presi ht, Board o 'rectors
ate:
4847-5019-9616.v1 - 4 -
FG ALEDO DEVELOPMENT, LLC,
a Texas limited liability company
By: ___ -k /
Name:
Title:
4847-5019-9616.v1 - 5 -
FWFW HOLDINGS, INC.,
a Texas corporation
By:
Name: OA- L I
Title:
4847-5019-9616.vl - 6
EXHIBIT
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==MILLER
PROPOSED MORNINGSTAR Surveving, InC.
MUNICIPAL DISTRICT 1
AND MUNICIPAL DISTRICT 2 Commercial • Residential • Municipal
430 Mid Cities Blvd. 817-577-1052
Hurst,Texas 76054 TxLSF No.10100400
MillerSurvey.net
Scale 1" = 1000' March 13, 2017
EXHIBIT
2017 MUD 1-557.207 ACRES
Being a tract of land out of the M.S.Teter Survey,Abstract No. 2070,the J. D. Morris Survey,Abstract
No.927;the P.J. McClary Survey,Abstract No.907,and the William Cagle Survey,Abstract No. 2373,
Parker County,Texas,said tract being the same tract of land described as"MorningStar Farms Municipal
Utility District No. 1"per City of Fort Worth Resolution 3560-12-2007(hereinafter referred to as"MUD
1"), and also including the same tract of land described as"MorningStar Farms Municipal Utility District
No. 2 South' per City of Fort Worth Resolution 3561-12-2007(hereinafter referred to as"MUD 2
South'),and surveyed by Miller Surveying, Inc.of Hurst,Texas in March of 2017, and being more
particularly described by metes and bounds as follows:
Beginning at a the northwest corner of said MUD 1 tract,same being in the easterly right-of-way line of
Farmer Road from which a TOOT Monument found for the northwest corner of MorningStar Farms
Municipal Utility District No. 2 North described in said ordinance 3561-12-2007 bears North 02 degrees
33 minutes 43 seconds West at 1736.95;
Thence North 89 degrees 18 minutes 45 seconds East a distance of 700.82 feet;
Thence North 89 degrees 18 minutes 45 seconds East a distance of 154.99 feet;
Thence North 88 degrees 57 minutes 54 seconds East a distance of 135.00 feet;
Thence North 76 degrees 11 minutes 14 seconds East a distance of 46.11 feet;
Thence North 89 degrees 07 minutes 20 seconds East a distance of 133.71 feet;
Thence South 84 degrees 12 minutes 06 seconds East a distance of 42.67 feet;
Thence South 77 degrees 35 minutes 25 seconds East a distance of 42.67 feet;
Thence South 70 degrees 57 minutes 26 seconds East a distance of 42.95 feet;
Thence North 21 degrees 43 minutes 34 seconds East a distance of 105.02 feet;
Thence South 68 degrees 16 minutes 26 seconds East a distance of 301.10 feet to the beginning of a
curve to the left with a radius of 50.00 feet and whose chord bears North 76 degrees 38 minutes 28
seconds East at 90.83 feet;
Thence with said curve along an arc length of 113.92 feet to the end of said curve;
Thence North 21 degrees 43 minutes 34 seconds East a distance of 97.79 feet;
Thence South 68 degrees 16 minutes 26 seconds East a distance of 330.00 feet;
Thence South 59 degrees 55 minutes 03 seconds East a distance of 173.98 feet;
Thence South 33 degrees 21 minutes 43 seconds East a distance of 139.36 feet;
Thence South 43 degrees 56 minutes 12 seconds East a distance of 90.41 feet;
Thence North 40 degrees 35 minutes 41 seconds East a distance of 112.29 feet to the beginning of a
curve to the left with a radius of 50.00 feet and whose chord bears North 52 degrees 58 minutes 16
seconds East at 80.76 feet;
Thence with said curve along an arc length of 94.01 feet to the end of said curve;
Thence North 40 degrees 35 minutes 41 seconds East a distance of 136.88 feet;
Thence North 49 degrees 24 minutes 19 seconds West a distance of 181.67 feet;
Thence North 40 degrees 10 minutes 57 seconds East a distance of 204.56 feet;
Thence North 14 degrees 05 minutes 48 seconds East a distance of 225.51 feet;
Thence North 06 degrees 46 minutes 35 seconds East a distance of 60.49 feet;
Thence North 00 degrees 31 minutes 15 seconds West a distance of 545.00 feet;
Thence North 89 degrees 28 minutes 45 seconds East a distance of 750.00 feet;
Thence South 00 degrees 31 minutes 15 seconds East a distance of 170.00 feet;
Thence North 89 degrees 28 minutes 45 seconds East a distance of 820.00 feet;
Thence South 63 degrees 57 minutes 30 seconds East a distance of 55.90 feet;
Thence South 79 degrees 12 minutes 39 seconds East a distance of 152.97 feet;
Thence North 89 degrees 28 minutes 45 seconds East a distance of 180.71 feet;
Thence South 38 degrees 05 minutes 08 seconds East a distance of 129.89 feet to the beginning of a
curve to the right with a radius of 50.00 feet and whose chord bears South 17 degrees 22 minutes 51
seconds East at 35.35 feet;
Thence with said curve along an arc length of 36.14 feet to the beginning of a curve to the left with a
radius of 50.00 feet and whose chord bears South 10 degrees 02 minutes 35 seconds East at 23.12 feet;
Thence with said curve along an arc length of 23.33 feet to the end of said curve;
Thence South 13 degrees 10 minutes 21 seconds West a distance of 146.01 feet;
Thence South 25 degrees 53 minutes 59 seconds East a distance of 111.32 feet;
Thence South 20 degrees 19 minutes 04 seconds West a distance of 25.00 feet;
Thence South 65 degrees 05 minutes 07 seconds East a distance of 139.53 feet;
Thence South 50 degrees 59 minutes 11 seconds East a distance of 51.97 feet;
Thence South 68 degrees 42 minutes 50 seconds East a distance of 123.38 feet;
Thence North 39 degrees 43 minutes 20 seconds East a distance of 80.41 feet;
Thence North 47 degrees 58 minutes 48 seconds East a distance of 90.00 feet;
Thence South 71 degrees 47 minutes 09 seconds East a distance of 117.86 feet;
Thence South 63 degrees 36 minutes 20 seconds East a distance of 143.02 feet;
Thence South 00 degrees 31 minutes 15 seconds East a distance of 264.84 feet;
Thence North 89 degrees 04 minutes 45 seconds East a distance of 119.30 feet;
Thence South 81 degrees 34 minutes 52 seconds East a distance of 51.32 feet;
Thence North 89 degrees 28 minutes 45 seconds East a distance of 120.00 feet;
Thence North 00 degrees 31 minutes 15 seconds West a distance of 340.00 feet;
Thence North 89 degrees 28 minutes 45 seconds East a distance of 170.00 feet;
Thence South 00 degrees 31 minutes 15 seconds East a distance of 19.64 feet;
Thence North 89 degrees 04 minutes 45 seconds East a distance of 541.14 feet;
Thence North 00 degrees 31 minutes 15 seconds West a distance of 750.02 feet;
Thence North 89 degrees 04 minutes 45 seconds East a distance of 73.55 feet to the beginning of a
curve to the right with a radius of 50.00 feet and whose chord bears North 80 degrees 39 minutes 21
seconds East at 41.92 feet;
Thence with said curve along an arc length of 43.26 feet to the end of said curve;
Thence North 38 degrees 21 minutes 24 seconds East a distance of 65.14 feet;
Thence North 89 degrees 28 minutes 46 seconds East a distance of 121.29 feet;
Thence South 00 degrees 09 minutes 21 seconds East a distance of 1459.12 feet;
Thence South 89 degrees 05 minutes 25 seconds West a distance of 2077.14 feet;
Thence South 01 degrees 13 minutes 18 seconds East a distance of 4817.83 feet to the northerly right-
of-way line of Old Weatherford Road;
Thence North 69 degrees 37 minutes 17 seconds West with said northerly right-of-way line a distance of
342.48 feet;
Thence North 78 degrees 56 minutes 11 seconds West continuing with said northerly right-of-way line a
distance of 382.16 feet;
Thence South 78 degrees 25 minutes 49 seconds West continuing with said northerly right-of-way line a
distance of 296.23 feet;
Thence South 71 degrees 49 minutes 06 seconds West continuing with said northerly right-of-way line a
distance of 625.79 feet;
Thence South 83 degrees 02 minutes 14 seconds West continuing with said northerly right-of-way line a
distance of 195.24 feet;
Thence North 84 degrees 16 minutes 49 seconds West continuing with said northerly right-of-way line a
distance of 132.86 feet;
Thence North 64 degrees 52 minutes 53 seconds West continuing with said northerly right-of-way line a
distance of 160.44 feet;
Thence North 81 degrees 04 minutes 46 seconds West continuing with said northerly right-of-way line a
distance of 540.40 feet;
Thence North 89 degrees 57 minutes 16 seconds West continuing with said northerly right-of-way line a
distance of 1436.84 feet to the southeasterly end of a corner clip of said easterly right-of-way line and
said northerly right-of-way line;
Thence North 45 degrees 21 minutes 18 seconds West with said corner clip a distance of 71.52 feet;
Thence North 01 degrees 04 minutes 02 seconds West with said easterly right-of-way line a distance of
563.54 feet;
Thence North 01 degrees 04 minutes 02 seconds West continuing with said easterly right-of-way line a
distance of 288.48 feet;
Thence North 01 degrees 02 minutes 50 seconds West continuing with said easterly right-of-way line a
distance of 305.68 feet;
Thence North 01 degrees 04 minutes 30 seconds West continuing with said easterly right-of-way line a
distance of 320.39 feet;
Thence North 01 degrees 03 minutes 10 seconds West continuing with said easterly right-of-way line a
distance of 74.97 feet;
Thence North 01 degrees 03 minutes 10 seconds West continuing with said easterly right-of-way line a
distance of 481.50 feet;
Thence North 01 degrees 03 minutes 10 seconds West continuing with said easterly right-of-way line a
distance of 910.23 feet;
Thence North 04 degrees 25 minutes 07 seconds East continuing with said easterly right-of-way line a
distance of 50.19 feet;
Thence North 00 degrees 59 minutes 59 seconds West continuing with said easterly right-of-way line a
distance of 100.04 feet;
Thence North 06 degrees 43 minutes 22 seconds West continuing with said easterly right-of-way line a
distance of 50.14 feet;
Thence North 00 degrees 33 minutes 35 seconds West continuing with said easterly right-of-way line a
distance of 47.37 feet;
Thence North 02 degrees 35 minutes 58 seconds West continuing with said easterly right-of-way line a
distance of 155.80 feet;
Thence North 05 degrees 47 minutes 11 seconds East continuing with said easterly right-of-way line a
distance of 104.38 feet;
Thence North 07 degrees 15 minutes 41 seconds West continuing with said easterly right-of-way line a
distance of 222.81 feet;
Thence North 07 degrees 15 minutes 41 seconds West continuing with said easterly right-of-way line a
distance of 86.18 feet;
Thence North 29 degrees 21 minutes 05 seconds West continuing with said easterly right-of-way line a
distance of 106.78 feet to the beginning of a curve to the left with a radius of 2924.79 feet and whose
chord bears North 16 degrees 33 minutes 43 seconds West at 248.53 feet;
Thence continuing with said easterly right-of-way line and with said curve along an arc length of 248.61
feet to the end of said curve;
Thence North 18 degrees 58 minutes 58 seconds West continuing with said easterly right-of-way line a
distance of 877.17 feet to the beginning of a curve to the right with a radius of 1849.86 feet and whose
chord bears North 17 degrees 26 minutes 48 seconds West at 97.77 feet;
Thence continuing with said easterly right-of-way line and with said curve along an arc length of 97.78
feet to the point of beginning and containing 557.207 acres of land,more or less;
2017 MUD 2-180.020 ACRES
Being a tract of land out of the M.S.Teter Survey,Abstract No. 2070 and the J. D. Morris,Survey,
Abstract No. 927, Parker County,Texas,said tract being the same tract of land described as
"MorningStar Farms Municipal Utility District No.2 North" per City of Fort Worth Resolution 3561-12-
2007 and surveyed by Miller Surveying, Inc.of Hurst,Texas in March of 2017,and being more
particularly described by metes and bounds as follows:
Beginning at a TOOT Monument found for the northwest corner of said MorningStar Farms Municipal
Utility District No. 2 North tract,said monument being in the easterly right-of-way line of Farmer Road;
Thence South 89 degrees 46 minutes 48 seconds East a distance of 2434.10 feet;
Thence South 01 degrees 11 minutes 55 seconds East a distance of 247.34 feet;
Thence North 89 degrees 26 minutes 50 seconds East a distance of 4213.59 feet;
Thence South 00 degrees 09 minutes 21 seconds East a distance of 352.75 feet;
Thence South 89 degrees 28 minutes 46 seconds West a distance of 121.29 feet;
Thence South 38 degrees 21 minutes 24 seconds West a distance of 65.14 feet to the beginning of a
curve to the left with a radius of 50.00 feet and whose chord bears South 80 degrees 39 minutes 21
seconds West at 41.92 feet;
Thence with said curve along an arc length of 43.26 feet to the end of said curve;
Thence South 89 degrees 04 minutes 45 seconds West a distance of 73.55 feet;
Thence South 00 degrees 31 minutes 15 seconds East a distance of 750.02 feet;
Thence South 89 degrees 04 minutes 45 seconds West a distance of 541.14 feet;
Thence North 00 degrees 31 minutes 15 seconds West a distance of 19.64 feet;
Thence South 89 degrees 28 minutes 45 seconds West a distance of 170.00 feet;
Thence South 00 degrees 31 minutes 15 seconds East a distance of 340.00 feet;
Thence South 89 degrees 28 minutes 45 seconds West a distance of 120.00 feet;
Thence North 81 degrees 34 minutes 52 seconds West a distance of 51.32 feet;
Thence South 89 degrees 04 minutes 45 seconds West a distance of 119.30 feet;
Thence North 00 degrees 31 minutes 15 seconds West a distance of 264.84 feet;
Thence North 63 degrees 36 minutes 20 seconds West a distance of 143.02 feet;
Thence North 71 degrees 47 minutes 09 seconds West a distance of 117.86 feet;
Thence South 47 degrees 58 minutes 48 seconds West a distance of 90.00 feet;
Thence South 39 degrees 43 minutes 20 seconds West a distance of 80.41 feet;
Thence North 68 degrees 42 minutes 50 seconds West a distance of 123.38 feet;
Thence North 50 degrees 59 minutes 11 seconds West a distance of 51.97 feet;
Thence North 65 degrees 05 minutes 07 seconds West a distance of 139.53 feet;
Thence North 20 degrees 19 minutes 04 seconds East a distance of 25.00 feet;
Thence North 25 degrees 53 minutes 59 seconds West a distance of 111.32 feet;
Thence North 13 degrees 10 minutes 21 seconds East a distance of 146.01 feet to the beginning of a
curve to the right with a radius of 50.00 feet and whose chord bears North 10 degrees 02 minutes 35
seconds West at 23.12 feet;
Thence with said curve along an arc length of 23.33 feet to the beginning of a curve to the left with a
radius of 50.00 feet and whose chord bears North 17 degrees 22 minutes 51 seconds West at 35.35
feet;
Thence with said curve along an arc length of 36.14 feet to the end of said curve;
Thence North 38 degrees 05 minutes 08 seconds West a distance of 129.89 feet;
Thence South 89 degrees 28 minutes 45 seconds West a distance of 180.71 feet;
Thence North 79 degrees 12 minutes 39 seconds West a distance of 152.97 feet;
Thence North 63 degrees 57 minutes 30 seconds West a distance of 55.90 feet;
Thence South 89 degrees 28 minutes 45 seconds West a distance of 820.00 feet;
Thence North 00 degrees 31 minutes 15 seconds West a distance of 170.00 feet;
Thence South 89 degrees 28 minutes 45 seconds West a distance of 750.00 feet;
Thence South 00 degrees 31 minutes 15 seconds East a distance of 545.00 feet;
Thence South 06 degrees 46 minutes 35 seconds West a distance of 60.49 feet;
Thence South 14 degrees 05 minutes 48 seconds West a distance of 225.51 feet;
Thence South 40 degrees 10 minutes 57 seconds West a distance of 204.56 feet;
Thence South 49 degrees 24 minutes 19 seconds East a distance of 181.67 feet;
Thence South 40 degrees 35 minutes 41 seconds West a distance of 136.88 feet to the beginning of a
curve to the right with a radius of 50.00 feet and whose chord bears South 52 degrees 58 minutes 16
seconds West at 80.76 feet;
Thence with said curve along an arc length of 94.01 feet to the end of said curve;
Thence South 40 degrees 35 minutes 41 seconds West a distance of 112.29 feet;
Thence North 43 degrees 56 minutes 12 seconds West a distance of 90.41 feet;
Thence North 33 degrees 21 minutes 43 seconds West a distance of 139.36 feet;
Thence North 59 degrees 55 minutes 03 seconds West a distance of 173.98 feet;
Thence North 68 degrees 16 minutes 26 seconds West a distance of 330.00 feet;
Thence South 21 degrees 43 minutes 34 seconds West a distance of 97.79 feet to the beginning of a
curve to the right with a radius of 50.00 feet and whose chord bears South 76 degrees 38 minutes 28
seconds West at 90.83 feet;
Thence with said curve along an arc length of 113.92 feet to the end of said curve;
Thence North 68 degrees 16 minutes 26 seconds West a distance of 301.10 feet;
Thence South 21 degrees 43 minutes 34 seconds West a distance of 105.02 feet;
Thence North 70 degrees 57 minutes 26 seconds West a distance of 42.95 feet;
Thence North 77 degrees 35 minutes 25 seconds West a distance of 42.67 feet;
Thence North 84 degrees 12 minutes 06 seconds West a distance of 42.67 feet;
Thence South 89 degrees 07 minutes 20 seconds West a distance of 133.71 feet;
Thence South 76 degrees 11 minutes 14 seconds West a distance of 46.11 feet;
Thence South 88 degrees 57 minutes 54 seconds West a distance of 135.00 feet;
Thence South 89 degrees 18 minutes 45 seconds West a distance of 154.99 feet;
Thence South 89 degrees 18 minutes 45 seconds West a distance of 700.82 feet to said easterly right-of-
way line and the beginning of a curve to the right with a radius of 1849.86 feet and whose chord bears
North 08 degrees 26 minutes 37 seconds West at 482.19 feet;
Thence with said easterly right-of-way line and with said curve along an arc length of 483.56 feet to the
end of said curve;
Thence North 00 degrees 57 minutes 45 seconds West continuing with said easterly right-of-way line a
distance of 522.67 feet;
Thence North 00 degrees 57 minutes 45 seconds West continuing with said easterly right-of-way line a
distance of 274.18 feet to the beginning of a curve to the right with a radius of 7579.44 feet and whose
chord bears North 00 degrees 48 minutes 44 seconds East at 461.56 feet;
Thence continuing with said easterly right-of-way line and with said curve along an arc length of 461.63
feet to the point of beginning and containing 180.020 acres of land, more or less;
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/28/2017 - Resolution No. 4764-03-2017
DATE: Tuesday, March 28, 2017 REFERENCE NO.: C-28159
LOG NAME: 0606 REVISEDMORNINGSTAR RANCHAGREEMENTS
SUBJECT:
Approval of a Resolution Consenting to the Addition of Approximately 176.613 Acres to Morningstar Ranch
Municipal District No. 1 from Morningstar Ranch Municipal District No. 2, and Authorize Execution of the
Second Restatement and Amendment to the Development Agreement, the Second Restatement and Third
Amendment to the Utility Agreement, and Amendments to the Agreements Concerning the Creation and
Operation for Morningstar Ranch Municipal Districts No. 1 and No. 2 to Reflect a Boundary Adjustment
Between the MUDs and Allow for Redistribution of Bond Limit Amount (EXTRATERRITORIAL
JURISDICTION/PARKER COUNTY) (FUTURE COUNCIL DISTRICT 3)
RECOMMENDATION:
It is recommended that the City Council approve a resolution consenting to the addition of approximately
176.613 acres to Morningstar Ranch Municipal District No. 1 from Morningstar Ranch Municipal District
No. 2 and authorizing the City Manager to execute the second restatement and Amendment to the
Development Agreement, the second restatement and Third Amendment to the Utility Agreement, and
Amendments to the Agreements concerning the creation and operation for Morningstar Ranch Municipal
Districts No. 1 and No. 2 to reflect the boundary adjustment of Morningstar Ranch Municipal Districts No.
1 and No. 2 and allow for redistribution of bond limit amount.
DISCUSSION:
FG Aledo Development, LLC, a Texas Limited Liability Company and FWFW Holdings, Inc., a Texas
Corporation (collectively Owner), own and intend to develop approximately 737 acres in Fort Worth's
Extraterritorial Jurisdiction (ETJ) in Parker County. At the request of the prior owner, the City Council
passed consent resolutions creating Morningstar Ranch Municipal Utility District No. 1 and No. 2 on
December 4, 2007. On the same agenda, the City Council approved the associated Development and
Utility Agreements (City Secretary Contract (CSC) Nos. 36202 and 36195). The Utility Agreement was
first amended in May 2011 (CSC No. 36195-A1). On June 9, 2015, the City Council approved
subsequent amendments to the agreements to revise the traffic management plan, adjust the lot size,
revise the water and sewer infrastructure requirements and to provide for the City the right to apply for the
Certificate of Convenience and Necessity for the MUDs Mayor and Council Communication (M&C C-
27321). The current owner is requesting that the City Council consider approving the proposed
restatements and amendments to the Development and Utility Agreements that coincide with the most
recently approved preliminary plat (see attached Morningstar preliminary plat).
The Owner has requested the City's approval to allow Morningstar Ranch Municipal Utility District No. 1 to
annex approximately 176.613 acres from MUD No. 2. In addition, the Owner would like to redistribute the
bond limit amounts currently recorded in the Agreements to allow for MUD No.1 to increase its bond limit
of$90,000,000.00 and MUD No. 2's bond limit would now be $30,000,000.00. This redistribution does not
increase the total amount of bond issuance previously approved by the City Council.
As a condition to consenting to the annexation by MUD No.1 and disannexation by MUD No. 2, as well as
Logname: 0606 REVISEDMORNINGSTAR RANCHAGREEMENTS Page I of 2
the redistribution of the bond limit amount, the Owner agreed and the MUDS shall levy a total ad valorem
tax rate (including its debt service tax rate and maintenance and operation tax rate) of no less than $1.00
per$100.00 assessed valuation through the life of the MUDs. The City will also have the right to review
the MUD's submission to the TCEQ for any bond related activity and shall be entitled periodic reports from
the MUDs showing that the infrastructure assets are being maintained properly. These requirements
would be reflected in the amended Creation and Operation Agreements of Morningstar Ranch Municipal
Utility District No.1 and No. 2 (CSO Contracts No. 36198 and No. 36199) as well as the Development and
Utility Agreements. The City will receive the revenue generated from the tax surplus upon annexation.
The Morningstar Ranch development is located in the ETJ of Parker County and in FUTURE COUNCIL
DISTRICT 3.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that approval of this Agreement will have no immediate material effect on
City funds. Any effect on expenditures and revenues will be budgeted in future fiscal years.
FUND IDENTIFIERS (FIDs):
TO
Fund 4 Department ccoun Project Program ctivity Budget Reference # Amoun
ID ID Year , (Charifield 2
FROM _
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Fernando Costa (6122)
Submitted for City Manager's Office by: Jay Chapa (5804)
Randle Harwood (6101)
Originating Department Head: Dana Burghdoff (8018)
Christa Reynolds (8984)
Additional Information Contact: Melinda Ramos (7631)
Logname: 0606 REVISEDMORNINGSTAR RANCHAGREEMENTS Page 2 of 2
C-28159 C
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loll
Complete Nos.1-4 and 6 d there are interested parties. OFFICE USE ONLY
Complete Nos.1.2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-177683
FWFW Holdings,Inc.
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that Is a party to the contract for which the form Is 03/13/2417
being filed.
City of Fort Worth Date Ack owledged:
C
3 Provide the Identification number used by the governmental entity or state agency to track or Identify the contract,And provide a
description of the services,goods,or other property to be provided under the contract.
Amendment Utility Agmt 2017
Contract
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Fleet,Tim Fort Worth,TX United States X
Gill,Kim Fort Worth,TX United States X
5 Check only If there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,undern
pe airy o pery'ury,that the above disclosure is true and correct.
�0�411"", SHARIA J.NEWKIRK
'OA fir.=Notary Public,State Of texas
s Comm.Expires 02.05.2020
%,,,,,„„o• Notary ID 5452690 Signature Va6thorized agent of contracting business entity
AFFIX NOTARY STAMP I SEAL ABOVE 1 / _—
Sworn to and subscribed before me,by the said �I Al f 1 t this the /31q- day of fiUW0J
201-7_- ,to certify which,witness my hand and seal of office.
Y � s'4J� • 0� r�
Signature of 011lair adihinistering oath Printed name of officer administering oath Title of ol(icer edministering oath
Forms provided by Texas Ethics Commission www.ethics.state,tx.us Version V1.0.277
C-28159 C
CERTIFICATE OF INTERESTED PARTIES FORM 1295
loll
Complete Nos 1 4 and 6 it there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,S.and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2017-177680
FG Aledo Development,LLC
Fort Worth,TX United States Date Filed:
2 Name of governmental entity or state agency that Is a party to the contract for which the forms 03/13/2017
being filed.
City of Fort Worth Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Amendment Utility Agmt 2017
Contract
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Gill,Kim Fort Worth,TX United States X
5 Check only if there is NO Interested Party. ❑
6 AFFIDAVIT I swear,or affirm,under
penalty of er jtuy,that the above disclosure Is true and correct
•""'""'a SHARLA J.NEWKIRK
: f•�i Notary Public,State of Texas
Comm.Expires 02.05-2020
,,,,,,, Notary ID 5452690 Signatu f ized agent of contracting business entity
AFFIX NOTARY STAMP/SEAL ABOVE
Sworn lip and subscribed before me,by the said rLJ�1 6,•/ .this the 13,x. day of
20 ,to certify which,witness my hand and seal of office,
-.� /1,�La -I-,
Signature of q1tcer administering oath Printed name of officer administering oath Tide of oWer administering oath
Farms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277