HomeMy WebLinkAboutResolution 2056A Resolution a0 5~
RESOLUTION CONSENTING TO THE CREATION OF
THE SOUTHWEST DENTON COUNTY
ROAD AND UTILITY DISTRICT
WHEREAS, the Mayor and City Council of the City of Fort Worth received on
December 28, 1994 a copy of a bill relating to the creation, boundaries, purposes, powers,
duties, functions, authority and financing of the Southwest Denton County Road and Utility
District, as required by Article 16 Section 59(e), Texas Constitution,
WHEREAS, said bill relating to the creation, boundaries, purposes, powers, duties,
functions, authority and financing of the Southwest Denton County Road and Utility District
has been filed in the Texas Legislature as Senate Bill 1607 and House Bi113175 copies of
which are attached hereto as Exhibits A and B respectrvely•
WHEREAS, the Mayor and Crty Council of the Crty of Fort Worth have reviewed
Senate Bill 1607 and House Bill 3175 and support the passage of such bills and the creation
of the District; and
WHEREAS, the Mayor and City Council desire to consent to the creation of the
Southwest Denton County Road and Utility District on the terms and conditions set forth m
Exhibit C hereto NOW THEREFORE,
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF FORT WORTH.
Section 1 The Mayor and City Council consent to the creation of the Southwest
Denton County Road and Utility District on the terms and conditions set forth m Exhibit C
hereto which shall be considered part hereof.
Kay Granger, Mayor
APPROVED
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City Attor ey
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CITY OF FORT WORTH
EXIiIBIT C'
CONDITIONS
i
OF CITY OF FORT WORTH
TO TAE CONSENT TO CREATION OF
SOUTIiWEST DENTON COUNTY ROAD AND UTILITY DISTRICT
(a) The District will issue bonds or other obligations of the District only for the
purposes of:
(1) purchasing and constructing, or purchasing or constructing under contract
with the City of Fort Worth, or otherwise acquiring waterworks systems, sanitary sewer
systems, storm sewer systems, and drainage facilities, or parts of or capacity in such
systems or facilities;
(2) purchasing, constructing, or acquiring macadamized, graveled, or paved
roads, or in aid thereof•
(3) making any and all necessary purchases, construction, improvements,
extensions, additions, and repairs to such systems, facilities, and roads;
(4) purchasing or acquiring all necessary land right-of--way, easements, sites,
equipment, buildings, plants, structures, and facilities for such systems, facilities, and
roads, and
(5) operating and maintaining such systems, facilities, and roads, subject to
the prior written consent by resolution or ordinance of the City Council,
Such bonds will expressly provide that: the District reserves the right to redeem the
bonds on any date subsequent to the tenth (10th) anniversary of the date of issuance without
premium, the bonds will be sold only after the taking of public bids therefor none of such
bonds, other than refunding bonds, will be sold for less than 95 % of paz provided that the net
effective interest rate on bonds so sold, taking into account any discount or premium as well as
the interest rate borne by such bonds, will not exceed two percent (2 %) above the highest
average interest rate reported by the Daily Bond Buyer in its weekly '20 Bond Index" during the
one-month period next preceding the date notice of the sale of such bonds is given, and, bids
for the bonds will be received not more than forty-five (45) days after notice of sale of the bonds
is given. The resolution authorizing the issuance of the District's bonds will contain a provision
that any pledge of the revenues from the operation of the District's water and sewer and/or
drainage system to the payment of the District's bonds will terminate when and if the City of
Fort Worth, Texas, annexes the District, takes over the assets of the District, and assumes all
of the obligations of the Distnct. No refunding bonds proposed to be issued by the District
(whether current ar advanced) shall be issued until the City of Fort Worth has given its written
consent, by resolution or ordinance of the City Council, to the issuance of such bonds. No land
located within the extraterritorial jurisdiction of the City of Fort Worth will be added or annexed
to the District until the City of Fort Worth has given its written consent, by resolution or
ordinance of the City Council, to such addition or annexation.
(b) The District, its directors, officers, or developers and landowners will submit to
the appropriate department of the City of Fort Worth all plans and specifications for water
sanitary sewer, and drainage facilities to be constructed to serve the District after the date of the
City of Fort Worth s resolution consenting to the creation of the District (the 'New Facilities')
or extensions to facilities existing within the District on the date of the City of Fort Worth s
resolution consenting to the creation of the District (the 'Existing Facilities °) and obtain the
approval of such plans and specifications therefrom prior to commencement of construction.
Any rehabilitation or repair of Existing Facilities shall not require the City of Fort Worth's
approval of plans and specifications. Prior to the construction of the New Facilities, the District
or its engineer will give written notice by registered or certified mail to the Director of the
appropriate department of the City of Fort Worth, stating the date that such construction will be
commenced, and such construction will be in accordance with the approved plans and
specifications and the applicable standards and specifications of the City of Fort Worth. During
the progress of the construction and installation of the New Facilities, the Director of the
appropriate department of the City of Fort Worth, or an employee thereof, may make periodic
on-the-ground inspections at no cost to the District. The District shall employ third-party
inspectors to conduct inspections during construction.
(c) All subdivision of land within the District must be accomplished by plat and all
such plats filed after the date of creation of the District must be filed with and approved by the
Plan Commission of the City of Fort Worth, and plats must be duly recorded in the 1VIap and
Plat Records of Denton County, Texas, and otherwise comply with the rules and regulations of
the City of Fort Worth relating to the platting of property
43123.001/misc/conaeat.fm
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