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HomeMy WebLinkAboutResolution 5925-04-2024A Resolution NO.5925-N-2024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, GRANTING CONSENT TO CERTAIN ROAD POWERS OF TRADITION MUNICIPAL UTILITY DISTRICT NO. 1 OF DENTON COUNTY WHEREAS, the Tradition Municipal Utility District No. 1 of Denton County, formerly known as City of Fort Worth Municipal Utility District No. 1 of Denton County, (the "District") was created and organized under the terms and provisions of Article XVI, Section 59, and Article III, Section 52, of the Constitution of Texas, and Chapter 8129 of the Texas Special District Local Laws Code ("Chapter 8129"); and WHEREAS, the City of Fort Worth, Texas (the "City") consented to the creation of the District by action of the City Council of the City by Resolution No. 3299-12-2005 on December 13, 2005; and WHEREAS, the City received a request from the District seeking the City's consent to modify the District's existing road powers; and WHEREAS, Chapter 8129 provides that the District may construct, acquire, improve, maintain, or operate macadamized, graveled or paved road or turnpikes, or improvements in aid of those roads or turnpike, inside the District; and WHEREAS, the District desires to undertake certain road projects, which are adjacent to and outside boundaries of the District, for the benefit of the District; and WHEREAS, Chapter 8129 further provides that the District may not undertake a road project unless each municipality in whose corporate limits or extraterritorial jurisdiction the district is located consents by ordinance or resolution; and WHEREAS, the City acknowledges that certain road projects, both inside and outside of the District, are necessary for development of the District and that construction of said road projects will benefit the District and the City. - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: Section 1. 1 The City Council of the City hereby grants its written consent to the expansion of the District's road powers under Chapter 8129, specifically, that the district may construct, acquire, improve, maintain, or operate macadamized, graveled, or paved roads or turnpikes, or improvements in aid of those roads or turnpikes, inside or outside the boundaries of the District, for the benefit of the District. Section 2. It is hereby found, determined and declared that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code, and that this meeting has been open to the public as required by law at all times during which this Resolution and the subject matter thereof has been discussed, considered and formally acted upon. City Council further ratifies, approves, and confirms such written notice and the contents and posting thereof. Section 3. This Resolution shall take effect immediately upon its first and final reading and the passage and approval. Adopted this 9" day of April 2024. ATTEST: Jannette S. Goodall, City Secretary a Rnry•I4 � A 00 0 O� 0 �( 'a®0 °o� Sao -A� o�� Y 00 00 C City of Fort Worth, Texas Mayor and Council Communication DATE: 04/09/24 M&C FILE NUMBER: M&C 24-0265 LOG NAME: 12TRADITION MUD NO1&2B AMEND AND RESOLUTIONS SUBJECT (ETJIDENTON COUNTY Near CD 10) Authorize Execution of Third Amendment to Development Agreement with HT HWY 114 Development LP and Adopt Resolutions Consenting to the Addition of Road Powers for Tradition Municipal Utility District No.1 and 213 of Denton County RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager or a designee to execute the Third Amendment to Development Agreement with HT HWY 114 Development LP for the Tradition Municipal Utility Districts Nos. 1 and 28; and 2. Adopt the attached Resolutions consenting to the addition of road powers to Tradition Municipal Utility District Nos. 1 and 213 of Tarrant County. DISCUSSION: Tradition Municipal Utility District Nos. 1 and 213 of Denton County (Districts) encompass 1100 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 City Council approved Mayor and Council Communication (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 City and SLF 1V —114 Assemblage, L.P., a Texas limited partnership (prior owner of the Property) (SLF) entered into that certain Development Agreement for the Traditions development dated January 12, 2016 (City Secretary Contract No. 47477) (the Agreement) governing approximately 1,102 acres (Property). The Property consists of approximately 431.303 acres encompassed by Tradition Municipal Utility District No. 1 of Denton County, approximately 662.91 acres encompassed by Tradition Municipal Utility District No. 213 of Denton County and approximately 8.707 acres not contained within a municipal utility district. The City and SLF entered into that certain First Amendment to Development Agreement dated effective June 17, 2019, and recorded in Denton County Clerk's Office on June 27, 2019 under Clerk's Document No. 76441. SLF's rights under the Development Agreement where assigned to HT HWY 114 Development L.P., a Texas limited liability partnership (Owner) by Assignment and Assumption Agreement dated October 15, 2019, and recorded in the Denton County Clerk's office under Clerk's Document No. 131236, contemporaneously with Owner acquiring title to the Property and assuming the obligations under the Agreement, whereupon Owner become the developer of the Tradition project. The City and Traditions Investors, LLC entered into that certain Second Amendment to Development Agreement dated effective April 19, 2022. The Second Amendment addressed the limited purpose annexation by the City of that certain 47.262 acre tract of land designated for Mixed Use and allowed additional uses within the that tract of land. The Owner has asked, to provide flexibility in the ordering of phases of development of the Property as allowed under the Agreement, that the City amend the Agreement to incorporate the gas pads into the Residential Tracts, revise the permitted residential density and permit additional uses for one tract. The Owner has further asked that the public infrastructure to be constructed to support the development of the Property be vested to the City's ordinances, regulations, and design criteria in effect on the effective date of the Third Amendment in accordance with chapter 245 of the Texas Local Government Code. The Districts have requested that the City consent to the modification of the Districts' existing road powers to allow the Districts to undertake road projects which are adjacent to and outside of the boundaries for the Districts, for the benefits of the District. The legislation creating the Districts requires the consent of the City by resolution or ordinance before the Districts may undertake any road project within the extraterritorial jurisdiction of the City. The City staff acknowledges that certain road projects outside of the Districts are necessary for their development and that the construction of road projects outside of the District will also benefit the City and its residents by providing better service delivery of roads. The property is located in the City's extraterritorial jurisdiction adjacent to COUNCIL DISTRICT 10. FISCAL INFORMATION I CERTIFICATION: The Director of Finance certifies that approval of these recomendations will have no material effect on City funds. Submitted for City Manager's Office bye ALL ACMs 6122 Originating Business Unit Head: Leann Guzman 8973 Additional Information Contact: Melinda Ramos 7631 Expedited