HomeMy WebLinkAboutContract 47479-A1 CITY SECRETARY
CONTRACT NO. 7y 7 q
G � 5� FIRST AMENDMENT TO AMENDED CREATION AND OPERATION AGREEMENT
FOR TRADITION MUNICIPAL UTILITY DISTRICT NO. 1 OF DENTON COUNTY
This First Amendment to Amended Creation and Operation Agreement for Tradition
Municipal Utility District No. 1 of Denton County(this"First Amendment") is entered into by the
City of Fort Worth, Texas, a home-rule municipal corporation situated in Tarrant, Denton,
Johnson, Parker, and Wise Counties, Texas(the"Lily"), acting by and through its duly authorized
Assistant City Manager, and Tradition Municipal Utility District No. 1 of Denton County, a
municipal utility district created pursuant to Article XVI, Section 59, of the Texas Constitution,
Chapters 49 and 54 of the Texas Water Code,and Chapter 8129, Special District Local Laws Code
(the"District") (collectively,the"Parties"), effective upon execution of this First Amendment by
all Parties(the"Effective Date").
RECITALS
WHEREAS, the City and the District entered into the Amended Creation and Operation
Agreement for Tradition Municipal Utility District No. 1 of Denton County effective January 12,
2016(CSC 47479)(the"Agreement"); and
WHEREAS, the Parties wish to amend the Agreement to update certain information, to
amend the deadline for issuance of Bonds,and to require the District to levy a specified ad valorem
tax rate and establish a fund to assist the City in absorbing the costs of the District upon annexation
of all land within the District and dissolution of the District;
NOW, THEREFORE, in consideration of the premises, mutual promises, covenants,
obligations, and benefits herein contained, the Parties agree as follows:
1. The definition of"Development Agreement" is hereby amended to read as follows:
"Development Agreement"means the Development Agreement between the City and SLF
IV— 114 Assemblage, L.P. dated January 12,2016 (CSC No. 47477), as amended by that
certain First Amendment to Development Agreement effective j cane- 1-1 , 2019
(CSC No.47477-A 1).
2. Section 4.05(e) is amended to read as follows:
Unless the City consents in writing,no Bonds shall be issued having an issuance date more
than fifteen (15) years after recording in the Denton County plat records of the first final
plat for the Property that contains single-family residential lots.
3. A new section 4.12, "District Tax Rate; Establishment of Fund" is added, to read as
follows:
Commencing with the first levy of ad valorem taxes by the District,the date of which shall
be determined by the District in its sole discretion, and each year thereafter, the District
First Amendment to Amended Creation and Operation Agreement for Tradition Municipal Utility District
No. 1 of Denton County—Page 1
OFFICIAL RECORD
CITY SECRETARY
FT. NORTH,TX
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 valuation. Monies collected through
such tax shall be used to pay the debt service on the District's outstanding bonds,operating
costs of the District, and any other legally allowable costs of the District, and to establish
a fund to assist the City in absorbing the costs of the District when it annexes all the land
in the District and dissolves the District.
4. Section 8.05, "Full Purpose Annexation," is amended to read as follows:
The City will not annex the Property for full purposes any earlier than the first to occur of
(a)the date that construction of water, sanitary sewer, drainage and road facilities to serve
90% of the Property is complete; (b) dissolution of the District (other than as the result of
annexation by the City); or (c) the date twenty (20) years after recording in the Denton
County plat records of the first final plat for the Property that contains single-family
residential lots. If the City elects to annex the Property, the City must annex all of the
Property simultaneously. The City may not annex the Property in phases.
5. The Notice addresses in Section 11.01 are updated to change the City's address to 200
Texas Street, Fort Worth, Texas 76102 and to change the District's address as follows:
To the District:
Tradition Municipal Utility District No. 1 of Denton County
c/o: Coats Rose
14755 Preston Road, Suite 600
Dallas, Texas 75254
Attn: Tim Green
FAX: 982-982-8451
6. Exhibit C attached hereto, "Notice Concerning Annexation and Services" supersedes and
replaces Exhibit C to the Agreement.
7. All capitalized terms shall have the same meaning as set forth in the Agreement.
8. Except as specifically amended in this First Amendment, the Agreement shall remain in
full force and effect in accordance with its original terms and conditions.
IN WITNESS WHEREOF, each Party has caused this First Amendment to be executed by
its undersigned duly authorized representative in multiple copies on the date or dates indicated
below.
First Amendment to Amended Creation and Operation Agreement for Tradition Municipal Utility District
No. 1 of Denton County—Page 2
�0RT�, ATTEST: CITY OF FORT WORTH
i= By:
a . Kay , Ci y Jecretary Jay C;apa, Assistant City Manager
�CRS M&C: Date:
1295:
APPROVED AS TO FORM AND
LEGALITY:
Assistant City Attorney
First Amendment to Amended Creation and Operation Agreement for Tradition Municipal utiiiiy UISMct
No. 1 of Denton County—Page 3
OFFICIAL.RECORD
CITY SECRETARY
FT. WOR-fH,TX
TRADITION MUNICIPAL UTILITY
DISTRICT NO. 1 OF DENTON COUNTY
By:
Presi ent, Board of Directors
Date:
First Amendment to Amended Creation and Operation Agreement for Tradition Mun J12 LUalifilyDistrict
No. 1 of Denton County—Page 4 OFFOCIAL RECORD
CITY SECRETARY
FT. WORTH,TX
Exhibit C
STATE OF TEXAS
COUNTY OF DENTON
NOTICE CONCERNING ANNEXATION AND SERVICES
THIS NOTICES SUPERSEDES NOTICE RECORDED IN THE DENTON
COUNTY PROPERTY RECORDS ON FEBRUARY 4,2016,
AS DOCUMENT NO. 2016-12419
The real property described in Exhibit A attached hereto and incorporated herein
(the "Property") is located in Tradition Municipal Utility District No. 1 of Denton County
(the"District"). The District is located wholly within the extraterritorial jurisdiction of the
City of Fort Worth. When a district is annexed, the district is dissolved. Until such time
of annexation, the City of Fort Worth does not impose property taxes within the District
and is not required by state law to provide police protection, fire protection, road
maintenance or any other municipal services to the District.
The City of Fort Worth may annex the Property for full purposes at any time after
the earliest to occur of the following, at such time as the City finds such annexation to be
feasible:
(1) The date construction of water, sanitary sewer, drainage and road facilities to
serve 90%of the Property is complete;
(2) Dissolution of the District; or
(3) The date twenty(20)years after recording in the Denton County plat records of
the first final plat for the Property that contains single-family residential lots.
If the City elects to annex the Property, the City must annex all of the Property
simultaneously. The City may not annex the Property in phases.
To obtain a copy of the Development Agreement between, SLF IV-114
Assemblage, L.P. and the City of Fort Worth governing the Property (City Secretary
Contract No. 47477, as amended by Contract No. 47477-A1) (the "Development
Agreement"), contact the City Secretary of the City of Fort Worth. For additional
information concerning potential annexation of property within the District, contact the
Director of the City of Fort Worth's Planning and Development Department.
First Amendment to Amended Creation and Operation Agreement for Tradition Municipal Utility
District No. 1 of Denton County—Page 5
TRADITION MUNICIPAL UTILITY
DISTRICT NO. 1 OF DENTON COUNTY
By:
Name printed:
Title:
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me, on the day of ,
2019, by , President of the Board of Directors of Tradition Municipal
Utility District No. 1 of Denton County, on behalf of said district.
Notary Public, State of Texas
Printed Name:
My Commission Expires:
After recording, return to:
Planning and Development Director
City of Fort Worth
200 Throckmorton
Fort Worth, Tx. 76102
City Attorney
City of Fort Worth
200 Throckmorton
Fort Worth, Tx. 76102
First Amendment to Amended Creation and Operation Agreement for Tradition Municipal Utility
District No. 1 of Denton County—Page 6
Exhibit A
BEING a 431.303 acre tract of land comprised of two separate tracts of land in the G.
Cardinas Survey, Abstract No. 214, situated in Denton County, Texas and being a
combination of that tract conveyed to Alliance 161 Investments by deed recorded in
Volume 2778, Page 958 of the Real Property Records of Denton County, Texas
(RPRDCT), a portion of those tracts conveyed to Aperion Communities, L.L.L.P. by deed
recorded under County Clerk's File No. 2004-11913 RPRDCT(Aperion Tract One-A and
Aperion Tract One-B) and a portion of that tract conveyed to Nancy Talley Reynolds, et
at, by deed recorded in 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 right-
of-way line of State Highway No. 114, said iron pin also being on the west line of said
Alliance 161 Investments tract, said iron pin also being on the east line of a tract conveyed
to Betty Marie McIntyre, et at, by deed recorded in Volume 2906, Page 363 RPRDCT;
THENCE N 00032'36" W along the west line of said Alliance 161 Investments tract and
the east line of said McIntyre, et at, tract recorded in Volume 2906, Page 363 RPRDCT, a
distance of 3701.24 feet to a 3/8" iron pin found;
THENCE N'89°39'59" E along the north line of said Alliance 161 Investments tract and
the east line of said McIntyre, et at,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 Aperion Tract One-A;
THENCE N 00022'44" W along the east line of said McIntyre, et at, tract recorded in
Volume 2906, Page 363 RPRDCT, and the west line of said Aperion Tract One-A, a
distance of 1294.80 feet to a capped 1/2" iron pin set;
THENCE S 860 14'27" E, a distance of 222.13 feet to a capped 1/2" iron pin set;
THENCE S 52034'22" E, a distance of 867.86 feet to a capped 1/2" iron pin set;
THENCE S 44008'03" E, a distance of 999.82 feet to a capped 1/2" iron pin set;
THENCE S 65058'36" E, a distance of 1029.92 feet to a capped 1/2" iron pin set;
THENCE N 90000'00"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 Aperion 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;
First Amendment to Amended Creation and Operation Agreement for Tradition Municipal Utility
District No. 1 of Denton County—Page 7
THENCE S 00007'20" E along the east line of said Aperion Tract One-A and the west line
of said Ferbro Investments tract,a distance of 857.55 feet to a 1/2" iron pin found, said iron
pin 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 44023'02" W along the east line of said Aperion 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 470 l 5'51" W along the east line of said Aperion Tract One-A and the
northwesterly line of said Atchison, Topeka and Santa Fe Railway Company tract, a
distance of 24.73 feet to a 5/8" iron pin found;
THENCE S 44027'42" W along the east line of said Aperion Tract One-A and the
northwesterly line 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 right-of-way line of State Highway No. 1 l4;
THENCE S 89047'36" W along the south line of said Aperion Tract One-A and the north
right-of-way line of State Highway No. 114, a distance of 286.33 feet to a brass monument
in concrete found;
THENCE S 84030'09" W along the south line of said Aperion Tract One-A and the north
right-of-way line of State Highway No. 114, a distance of 703.04 feet to a brass monument
in concrete found;
THENCE S 89048'48" W along the south line of said Aperion Tract One-A and the north
right-of-way line of State Highway No. 114, a distance of 1249.97 feet to a capped 1/2"
iron pin set;
THENCE N 00011'12" W along the south line of said Aperion Tract One-A and the north
right-of-way line of State Highway No. 114, a distance of 15.00 feet to a capped 1/2" iron
pin set;
THENCE S 89048'48" W along the south line of said Aperion Tract One-A and the north
right-of-way line of State Highway No. 114, a distance of250.00 feet to a capped 1/2" iron
pin set;
THENCE S 0001 I'12" E along the south line of said Aperion Tract One-A and the north
right-of-way line of State Highway No. 114, a distance of 15.00 feet to a capped 1/2" iron
pin set;
THENCE S 89048'48" W along the south line of said Aperion 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
First Amendment to Amended Creation and Operation Agreement for Tradition Municipal Utility
District No. 1 of Denton County—Page 8
Beginning and containing 16,728,840 square feet or 384.041 acres of land, more or less.
TRACT 2
BEGINNING at a brass monument in concrete found,said brass monument also being on the south
line of said Aperion Tract One-B, said brass monument also being on the north right-of-way line
of State Highway No. 114, said brass monument also being on the west line of a tract conveyed to
Ferbro Investments by deed recorded under County Clerk's File No. 97-0003605 RPRDCT
THENCE S 89046'48" W along the south line of said Aperion Tract One-B and the north right-of-
way line of State Highway No. 114, a distance of 1072.97 feet to a brass monument in concrete
found;
THENCE N 86029'44" W along the south line of said Aperion Tract One-B and the north right-of-
way line of State Highway No. 114, a distance of 900.20 feet to a brass monument in concrete
found, said brass monument also being on the southeasterly 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 N 44026'31" E along the west line of said Aperion Tract One-B and the southeasterly
line of said Atchison, Topeka and Santa Fe Railway Company tract, a distance of 2809.53 feet to
a 5/8" iron pin found, said iron pin also being on the west line of said Ferbro Investments tract;
THENCE S 00007'09" E along the east line of said Aperion 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.
First Amendment to Amended Creation and Operation Agreement for Tradition Municipal Utility District
No. 1 of Denton County—Page 9
6/17/2019 M&C Review
Official site of the City of Frmt, ci th,i ex3s
CITY COUNCIL AGENDA FORRTTWORT_li
COUNCIL ACTION: Approved on 6/4/2019
DATE: 6/4/2019 REFERENCE L-16225 LOG 06FIRST AMENDMENTS TO TRADITION
NO.: NAME: MUDS NOS. 1 & 2B AGREEMENTS
CODE: L TYPE: NON- PUBLIC NO
CONSENT HEARING:
SUBJECT. Authorize Execution of First Amendment to Development Agreement with SLF IV- 114
Assemblage, L.P. and First Amendment to Agreement Concerning Creation and
Operation of Tradition Municipal Utility Districts Nos. 1 and 2B of Denton County (ETJ /
Denton County near COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager or a designee to execute the
following agreements and take any actions to carry out such agreements:
1. First Amendment to Development Agreement with SLF - 114 Assemblage, L.P. for Tradition
Municipal Utility Districts Nos. 1 and 26; and
2. First Amendment to Agreement Concerning Creation and Operation of Tradition Municipal Districts
Nos. 1 and 2B of Denton County.
DISCUSSION:
Tradition Municipal Utility Districts Nos. 1 and 2B of Denton County (Districts) encompass 1094.24
acres of land in Fort Worth's extraterritorial jurisdiction, north of Highway 114 and west of Texas Motor
Speedway. The Districts were created by special act of the Texas Legislature in 2005 and 2007,
respectively. The Council approved M&C L-15853 on January 12, 2016, to authorize the execution of
a development agreement for the property within the two Districts and amendments of the respective
creation agreements for the two Districts.
The Agreements presented to the City Council for approval updated and simplified prior agreements
for the Districts and created stand-alone Agreements for SLF's property. The Agreements required
that the developer comply with the City infrastructure standards and development codes and provided
that the City will be the retail service provider for water and sewer.
SLF IV- 114 Assemblage, L.P. and the Districts have asked, in order to provide flexibility in ordering
phases of development, that the City amend the Development Agreement to revise certain water,
sewer and road requirements and to modify the term. The City asked the Districts to amend the
Creation and Operation Agreements to address the deadline to issue bonds and to require the
Districts to levy a specified ad valorem tax rate and establish a fund to assist the City in absorbing the
costs of the Districts upon annexation of the land within the Districts and the dissolution of the
Districts.
The amendment to the Development Agreement will allow the property owner to submit updated
infrastructure studies and exhibits for administrative approval, require the property owner to submit
revised exhibits to the development agreement if those exhibits are not consistent with preliminary
plat, final plat or concept plan submitted to the City, and revise the definitions for"development plan"
and "term." The term for MUD No. 1 is a 20-year period commencing on recording in the Denton
County plat records of the first final plat that contains single-family residential lots. The term for MUD
No. 2B is a 20-year period commencing on approval by the City of the first preliminary plat that
contains single-family residential lots.
The Creation and Operation Agreement allows the District to issue bonds for reimbursement of
infrastructure costs. The amendment to the Creation and Operation Agreement provide that no Bonds
issued by the City shall have an issuance date beyond a certain date unless the City consents in
apps.cfwnet.org/cou ncil_packet/mc_review.asp?I D=27037&councildate=6/4/2019 1/2
6/17/2019 M&C Review
writing. At the City's request, the agreements have been amended to provide that the Districts have
agreed to levy an ad valorem tax rate of not less than $1.00 per$100.00 valuation, which funds will
be used to pay Districts expenses and to establish a fund to assist thE� City in absorbing the costs of
the Districts when the City annexes all land in the Districts and dissolves the Districts. The agreement
will also include provision for consent to annex by future property owners.
The property is located in the City's extraterritorial jurisdiction adjacent to COUNCIL DISTRICT 7.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that approval of the resolution and agreements will have no
immediate material effect on City funds. Any effect on expenditures and revenues will be budgeted in
future fiscal years.
TO _
Fund Department Account Project Program Activity Butfget Reference# Amount
ID ID Year I (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID I ID I ar I (Chartfield 2)
Submitted for City Manager's Office by_ Jay Chapa (6122,
Originating Department Head: Randle Harwood ,;6101)
Additional Information Contact: Mary Elliott (7844)
ATTACHMENTS
Development Agreement First Amt 5-12-2019 (w Exhibits).pdf
FINAL Amendment to Creation Agt MUD 15.2019.pdf
FINAL Amendment to Creation Agt MUD 213 5.2019.pdf
Form 1295 Certificate- First Amendment to DA- Executed Redacted.pdf
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