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HomeMy WebLinkAboutResolution 6095-05-2025A RESOLUTION NO. 6095-05-2025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, GRANTING CONDITIONAL CONSENT TO THE CREATION OF A SPECIAL DISTRICT (FRESH WATER SUPPLY DISTRICT) PURSUANT TO ARTICLE XVI, SECTION 59 OF THE TEXAS CONSTITUTION AND THE INCLUSION OF 322.422 ACRES OF LAND INTO SAID DISTRICT; MAKING FINDINGS RELATED THERETO; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth, Texas (the "City"), a home rule municipality created under the laws of the State of Texas, received a request from GRBK Edgewood, LLC, ("GRBK" ), for the City's consent to the creation of a special district pursuant to Article XVI, Section 59 of the Texas Constitution (the "District's encompassing 322.422 acres of land situated wholly in Tarrant County, Texas, and the City's extraterritorial jurisdiction ("ETJ") as more particularly described in Exhibit A, attached hereto and incorporated by reference (the "Land"); and WHEREAS, GRBK intends to develop the Land in the City's ETJ as a mixed -use master- planned community in accordance with the attached Conceptual Plan in Exhibit B; and WHEREAS, the District will be created pursuant to Article XVI, Section 59 of the Texas Constitution and Chapter 53 of the Texas Water Code, by order of the Tarrant County Commissioners Court as a Fresh Water Supply District and then the District will be converted into a Water Control and Improvement District organized pursuant to Article XVI, Section 59, of the Texas Constitution and Chapters 49 and 51 of the Texas Water Code, as amended; and WHEREAS, Chapter 42 of the Texas Local Government Code provides that land within a municipality or its extraterritorial jurisdiction may not be included within a special district without such municipality's consent; and WHEREAS, GRBK and the City intend for the City to be the retail provider of water and wastewater service to the Land and GRBK agrees to construct certain facilities and improvements necessary for the Project and the City's extension and expansion of its water and wastewater systems; and WHEREAS, the City wishes to evidence its conditional support and consent for the creation of the District within the City's extraterritorial jurisdiction, subject to the terms of that certain development agreement to be negotiated between the City and GRBK (the "Development Agreement") and the terms of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT: Section 1. All of the above premises are hereby found to be true and correct legislative findings of the City Council and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. Section 2. The City Council of the City (the "City Council") hereby grants its support and consent for the creation of a district created pursuant to Article XVI, Section 59, Texas Constitution, as amended, within its extraterritorial jurisdiction and the inclusion in the District of land described more fully in Exhibit A, and specifically conditioned upon the following: 2.1 The development of the Land will be in accordance with the Subdivision Ordinance of the City and all development and infrastructure policies, rules and regulations as more specifically set forth in the Development Agreement; 2.2 The District shall construct all facilities to serve the land in accordance with plans and specifications that have been approved by the City; 2.3 The City shall have the right to inspect all facilities being constructed by the District; 2.4 The City shall be the retail water and sewer provider to the District, with all applicable charges and rates paid by the District or GRBK in accordance with the Development Agreement and utility agreement(s), and the City shall maintain all its rights and privileges under its Certificate of Necessity and Convenience; 2.5 The City's acknowledgement that the Conceptual Plan attached here to as Exhibit B reflects the anticipated development plan for the Land, and the City does not oppose the anticipated development in accordance with the Conceptual Plan; 2.6 The Land will be developed in accordance with the Neighborhood and Community Park Dedication Policy of the City of Fort Worth, Texas, as more specifically set forth in the Development Agreement; and 2.7 The City will have the option to annex the Land into the City of Fort Worth in accordance with the terms of the Development Agreement and that certain strategic partnership agreement to be entered by the District (the "Strategic Partnership Agreement"), but any event no earlier than the occurrence of substantial completion of development of one hundred percent (100%) of the District, and the full satisfaction of the District's reimbursement obligations to GRBK or any successor or assignee, whichever occurs later. Section 3. The City Manager of the City is hereby authorized to execute any documents necessary to effectuate this Resolution. Section 4. The City Council further states that it has not relinquished any rights, duties or powers relating to its regulatory control within its extraterritorial jurisdiction. Section 5. The City Council further states that this Resolution is provided subject to and in reliance upon the terms of the certain Development Agreement, which may be entered into by and between the City and GRBK. The District shall execute a j oinder and become a party to the Development Agreement upon its organization and shall enter into the Strategic Partnership Agreement with the City. The City does not consent to the organization of the District, election, or issuance of bonds from any revenue available to the District until the Development Agreement is executed, if at all, and this consent shall be withdrawn without further action by the City if a Development Agreement is not approved and executed by the City on or before one hundred and twenty (120) days after the date of adoption of this Resolution. Section 6. The City Council hereby finds and determines that sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted as a place convenient to the public at the City Hall of the City for the time required by Iaw preceding this meeting, as required by the Texas Open Meetings Act, contained in Chapter 551 of the Texas Government Code, as amended, and that this meeting was open to the public and the subject matter of this'Resolution and its contents have been discussed, considered and formally acted upon by the City Council. Further, the City Council ratifies, approves and confirms such written notice and the contents and posting thereof, and the foregoing fully complied with all applicable law. Section 7. This Resolution shall be effective from and after its passage by the City Council. Adopted this 13'h day of May 2025. ATTEST: 3annette S. Goodall, City Secretary EXHIBIT A (Legal Description of Property to be included in the District) BEING 322.442 GROSS -ACRES OF LAND SITUATED IN THE M. E. P. & P. RR. CO. #19 SURVEY, ABSTRACT NO. 1138, TARRANT COUNTY, TEXAS AND BEING A PORTION OF THAT TRACT OF LAND DESCRIBED TO PETE AND JO BONDS FAMILY PARTNERSHIP BY DEED RECORDED IN COUNTY CLERK FILE NO. D213039813 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8-INCH CAPPED IRON ROD STAMPED "BROOKS BAKER" FOUND FOR THE SOUTHWEST CORNER OF SAID BONDS FAMILY PARTNERSHIP TRACT ON THE NORTH RIGHT-OF-WAY LINE OF W. BONDS RANCH ROAD (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE WITH THE WESTERLY LINE OF SAID BONDS FAMILY PARTNERSHIP TRACT, THE FOLLOWING COURSES AND DISTANCES: NORTH 00023'50" WEST, A DISTANCE OF 1520.65 FEET TO A 5/8-INCH CAPPED IRON ROD STAMPED `BROOKS BAKER" FOUND; NORTH 89036'14" EAST, A DISTANCE OF 200.24 FEET TO A 5/8-INCH CAPPED IRON ROD STAMPED "BROOKS BAKER" FOUND; NORTH 0001549" WEST, PASSING A 5/8-INCH CAPPED IRON ROD STAMPED "BROOKS BAKER" FOUND AT 24I9.91 FEET, A TOTAL DISTANCE IN ALL OF 2483.37 FEET TO THE NORTHWEST CORNER OF SAID BONDS FAMILY PARTNERSHIP TRACT; THENCE NORTH 89034'02" EAST, WITH THE NORTH LINE OF SAID BONDS FAMILY PARTNERSHIP TRACT, A DISTANCE OF 3428.70 FEET TO THE NORTHEAST CORNER OF SAME; THENCE SOUTH 00031'49" EAST, OVER AND ACROSS SAID BONDS FAMILY PARTNERSHIP TRACT, PASSING A 5/8-INCH CAPPED IRON ROD STAMPED "LJA SURVEYING" SET FOR REFERENCE AT 62.27 FEET, A TOTAL DISTANCE OF 3975.43 FEET TO A 5/8-INCH CAPPED IRON ROD STAMPED "LJA SURVEYING" SET ON SAID NORTH RIGHT-OF-WAY LINE OF BONDS RANCH ROAD WITHIN A CURVE TO'THE RIGHT HAVING A RADIUS OF 3030.41 FEET; THENCE WITH SAID NORTH RIGHT-OF-WAY LINE AND SAID CURVE TO THE RIGHT HAVING A CHORD THAT BEARS SOUTH 86015'05" WEST, 321.56 FEET, THROUGH A CENTRAL ANGLE OF 6004'57", AN ARC- DISTANCE OF 321.71 FEET TO A I -INCH IRON ROD FOUND; THENCE SOUTH 89023'49" WEST, CONTINUING WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 3322.97 FEET TO THE POINT OF BEGINNING AND CONTAINING A CALCULATED AREA OF 322.442 GROSS- ACRES (14,045,561 SQ. FEET) OF LAND, OF WHICH 4.949 ACRES OF LAND IS LOCATED WITHIN THE APPARENT PRESCRIPTIVE RIGHT-OF- WAY OF PEDEN ROAD FOR A TOTAL CALCULATED AREA OF 317.493 NET -ACRES OF LAND. EXHYB1T B (Conceptual Plan) ram /1'ALZ. 7 3 AC , GaS EASEMENT