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Ord 127 Granting petition for inclusion of certain land in Denton County Municipal Utility District 1' � t ' ORDINANCE NO. AN ORDINANCE GRANTING A PETITION FOR THE INCLUSION OF CERTAIN LAND IN DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 WHEREAS, a petition requesting the Town of Westlake's consent that certain land be included in Denton County Municipal Utility District No. 1 has been duly filed with the Board of Aldermen of the Town of Westlake, Texas; and WHEREAS, the Denton County Municipal Utility District No. 1 has provided at its own expense, and now owns,operates and maintains, facilities for processing and distributing a supply of surface water and subsurface water, and at the present time is qualified to furnish and deliver treated water as permitted by the service area defined in that one certain contract for water service between the City of Fort Worth, Texas, and the Denton County Municipal Utility District No. 1, dated on or about March 13, 1979; and WHEREAS, the Denton County Municipal Utility District No. 1, hereinafter referred to as "DCMUD #1", on or about May 18, 1982, acting by and through its duly authorized Board of Directors, ap- proved a resolution whereby it stated that it would favorably act upon an application by International Business Machines Corporation to annex approximately 400 acres of realty located across from the present geographical boundaries of DCMUD #1 as more particularly described in the attached Exhibit 1, if and when International Business Machines Corporation, hereinafter referred to as "IBM", applied for annexation after exercising certain options to purchase said 400 acres situated in Denton and Tarrant Counties, more particularly described in Exhibit 1 hereto; and WHEREAS, IBM has requested that, in the event the property described in Exhibit 1 attached hereto is annexed into the DCMUD #1, that the DCMUD #1 supply a quantity of water as required by IBM not to exceed 500,000 gallons per day to the property described in Exhibit 1; and WHEREAS, Gibraltar Savings Association, d/b/a Trophy Club has assigned IBM the right to receive up to 500,000 gallons of water per day pursuant to the Letter Agreement between Gibraltar Savings Association and the DCMUD #1 of August 21, 1979, which assignment has been approved by the DCMUD #1; and WHEREAS, it is deemed to be in the best interest of both the Town of Westlake and IBM that IBM be annexed into DCMUD #1 so as to have a supply of treated water to the realty described in the attached Exhibit 1 at a reasonable rate if and when IBM presents deeds to DCMUD #1 showing that it owns all of such realty; and WHEREAS, the granting of said petition will result in providing more orderly development and use of the land to be included in said -2- District and will promote and protect the general health, safety and welfare of persons residing thereon; and the citizens of the Town of Westlake; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE: Section 1. That the matters and facts set out in the pre- amble of this ordinance are hereby found and declared to be true and correct. Section 2. That this meeting was called and notice given thereof in accordance with law. Section 3. Attached to this ordinance and made a part hereof is a petition requesting the Town of Westlake's consent that certain land be included in Denton County Municipal Utility District No. 1. Such petition is hereby granted, subject to the terms and conditions set forth therein. Section 5. This ordinance shall be passed on this the day of A.D., 1982, and shall take effect immediately upon its passage and approval by the Mayor. PASSED AND APPROVED this � day of A.D., 1982. Dale White, Mayor Town of Westlake, Texas -3- ATTEST: e y Wh'te, TownSecretary Te n of Westlake, Texas APPROVED AS TO LEGAL FORM: P u1 C.Isham, Town Attorney Town of Westlake, Texas -4- \\ ' CG 1-1-0 fJC, /N %fl i'k4,vT DL`NTO/Y �-?UiVT/c S I JoS•HEtvRy SUQ.. gS.528 . VIM.- 1-F, PEA Sud. AS. IU45 I i S ez DENTOiY CO/J/✓TY W, i./iEDLI�I� SUP_ A.8 '9RR9 L3 C" Z y t i E, v1 w n r H � X W U.P. MARTIN W ci II II SUS, A'1015 �I - Ir C. M, TH 2O 0 S U R .P r' R. A B. I S I o l+ 4 R t \I�Ki!]N Ute' I�OLh-l-SZnD i.. I. PETITION FOR CONSENT TO ANNEX CERTAIN LAND INTO DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 THE STATE OF TEXAS X X COUNTY OF TARRANT X TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: The undersigned (herein the "Petitioner") holder of option to title to land within the territory more particularly described in the attached Exhibit No. 1, which, when the options are exercised, will be the owner of a majority in value of the lands therein as will be indicated by the tax rolls of Tarrant and Denton Counties, Texas, and acting pursuant to the provisions of Chapter 54, Title 4, Texas Water Code, respectfully petitions the Board of Aldermen of the Town of Westlake, Texas, for its written consent to the annexation of such lands into the Denton County Municipal Utility District No. 1, and would respectfully show the following: I. The area proposed to be included within DCMUD #1 contains approximately 395 acres of land, more or less, situated in Tarrant and Denton Counties, Texas, and is wholly within the incorporated limits of the Town of Westlake, Texas, or within the extraterritorial jurisdiction of Westlake, Texas. All of the territory proposed to be included may properly be included in the District. The area proposed to be within the District consists of several tracts, which are shown as Exhibit No. 1, which is attached hereto and incorporated herein for all purposes. II. The undersigned either holds title to the land or holds options to purchase the lands which will be annexed to DCMUD #1 and will be the owner of a majority in value of the lands therein as will be indicated by the tax rolls of Tarrant and Denton Counties, Texas. The general nature of the work to be done by the District at the present time, regarding the annexed properties, is the construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system for domestic and commercial purposes. IV. There is, for the following reason, a necessity for the above- described work; the area proposed to be within the District is urban in nature, is within the Fort Worth -Dallas Metropolitan Complex, and within the immediate future will experience a substantial commercial growth. There is not now available within the area, which will be developed as a planned office complex, an adequate waterworks and sanitary sewer system. The health and welfare of the present and future inhabitants of the area and of territories adjacent thereto require the construction, acquisition, maintenance and operation of an adequate waterworks and sanitary sewer system. A public necessity therefore exists for the annexation of said properties into DCMUD #1 in order to provide for the construction, extension, improvement, maintenance and operation of such waterworks and sanitary sewer system, so as to promote the purity and sanitary condition of the State's -2- waters and the public health and welfare of the community. V. Petitioner requests consent to the annexation of said properties shown on Exhibit #1 into DCMUD #1 under the condition that it owns or will own all said properties so outlined on said Exhibit by January 1, 1983. VI. Attached to and incorporated herein as a part of this petition are copies of agreements between Gibralter Savings Association and Petitioner and DCMUD #1 and Petitioner (respectively called Exhibits Nos. 2 and 3), and the consent requested herein is conditioned on those contracts being properly executed by the parties therein. WHEREFORE, the Petitioner respectfully prays that this petition be heard and that your Honorable Body duly pass and approve an ordinance or resolution granting the consent for the annexation of the land described herein into the Denton County Municipal Utility District No. 1. 1982. ® RESPECTFULLY SUBMITTED this day of INTERNATIONAL BUSINESS nCHINES CORPORATION By —17, -3- Oyu � y �I --- S Li R, ° c �v � � D o z � "�,"' - - EXHIBIT I STATE OF TEXAS COUNTIES OF TARRANT AND DENTON AGREEMENT For and in consideration of the sum of $10.00 and other good and valuable consideration passing by and between the parties hereto. WHEREAS, pursuant to that one certain letter agreement of August 21, 1979, by and between the Denton County Municipal Utility District No. 1 and Gibraltar Savings Association d/b/a Trophy Club (the "Letter. Agreement") the Gibraltar Savings Association d/b/a Trophy Club has been assigned by the Denton County Municipal. Utility District No. 1 hereinafter "MUD 1", a portion of MUD is rights under that one certain contract for water service by and between the City of Fort Worth, Texas, and MUD 1 dated March 13, 1979; and WHEREAS, Gibraltar Savings Association d/b/a Trophy Club, hereinafter "Gibraltar" has a right to receive up to 2.835 million gallons of water per day pursuant to such Letter Agreement and the contract for water service between the City of Fort Worth and MUD 1, hereinafter the "Fort Worth Water Contract", and WHEREAS, International Business Machines Corporation, hereinafter "IBM", desires to be assigned a portion of Gibral- tar's rights to such water up to a total amount of 500,000 gallons of water per day and, WHEREAS, Gibraltar is willing to sell, assign and convey to IBM a portion of Gibraltar's rights to such water in the amount UP to 500,000 gallons of water per day; NOW, the parties do agree as follows: (1) Gibraltar hereby sells, as<i�ns and convevs to IBM the right to receive up to 500,000 a.7_t_ons of water per day which rights accrue to Gibraltar pursu-,nt to the Fort Worth Water Contract and the Letter Agroc-.enc and which rights amount to 13.510 of the original. amount of 3.7 million aallcns of water per day allocation under the Fort Worth Water Contract. This conveyance shall become effective at time of closing of the purchase of 166 acres by IBM pursuant to an Option Agreement between the parties of even date herewith. (2) IBM agrees to pay to Gibraltar the sum of $520,000 provided such sum .is paid on or before October 31, 1982, and if such $520,000 is not paid on or before that day, such sum shall be increased at an annual simple interest rate of 15'; until the date such sum is paid, except if such sum is not paid on or before December 31, 1982, this agreement between the parties shall be null and void and neither party shall have any further duty or obligation to the others of any nature whatsoever. (3) The term of this agreement shall run for forty years beginning as of August 21, 1979. EXHIBIT 2, Page 1 (4) If additional water capacity is ever made avail- able by the City of pry taorth for sale to MUD 1, Gibraltar hereby sells, conveys and assigns to IBM that portion of Gibraltar rights under Paragraph 5 of the Letter Agreement, so that IBM shall have the right to purchase and receive such additional water in the same proportion as its allocation of .5 million gallons of water per day on to Gi.braltar's the original million allocation of at the time suchch gallons of water per day capacity additional water is offered for sale. i5) This Aareement shall be null. and void and of no force and effect unless IBM exercises an option to purchase et acres pursuant to that one certain Option Agreement between the parties of even date herewith. (6) The persons signing on behalf of IBM and Gibraltar below hereby acknowledge that they are duly authorized to execute this agreement on behalf of their respective companies and that they do cith all neces.sar autorty. or impli ��) y�is _ssiarment is sde wi ;ou SIGNED THIS Warranty or recourse, express ------20th day of July 1982. GIBRALTAR SAVINGS ASSOCIATION, d/b/a TROPHY CLUB THE STATE OF TEXAS COUNTY OF DALLAS By: Its. �sident INTERNATIONAL BUSINESS MACHINES CORPORATION By:�� Its: BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally Tommy Lane known to me to be the person and officer whose name is subscribed to the forego' 3 appeared me that the same was the act gfinstrthe saiatGand acknowledged to Association, d/b/a aro the same as the act. of such Trophy Club, and that he executed consideration therein expressed dation for the purposes and stated, and in the capacity therein Of GIVEN UNDER 1,1Y HAND AND SEAL OF OFFICE 1982. , This July __`--- nth _day i Nota r � y Public Dalla Texas s County, 0 ' EXHIBIT 2, rage 2 TME STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, in arid for said County, Texas, on this day personally appeared Robert H. Thomas, Trustee known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said International Business Machines Corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND of t�-1982. N My Commission Expires: c5 / Ori d� AND SEAL OF OFFICE, This day Notary Public, Dallas County, Texas EXHIBIT 2, Page 3 UTILITY CONTRACT OF 1 1982 THIS CONTRACT AND AGREEMENT made and entered into this _ day of _ 19 by and between the Denton County Municipal Utility District No. One, a duly formed municipal utility district located in Denton County, Texas, acting by and through its duly authorized Vice - President and Secretary, _ and _. and International Business Machines Corporation, a corporation duly incorporated in the State of New York and authorized to transact business in the State of Teras, acting by and through its duly authorized represen- tative, W I T N E S S E T H: WHEREAS, the Denton County Municipal Utility District No. One has provided at its own expense, and now owns, operates and maintains, facilities for processing and distributing a supply of surface water and subsurface water, and at the present time is qualified to furnish and deliver treated water as permitted by the service area defined in that one certain contract for water service between the City of Fort Worth, Texas, and the Denton County Municipal Utility District No. One dated on or about March 13, 1979; and, WHEREAS, the Denton County Municipal Utility District No. One, hereinafter referred to as "DCMUD #1," on or about May 18, 1982, acting by and through its duly authorized Board of Directors, approved a resolution whereby it stated that it would favorably act upon an application by International Business Machines Corporation to annex approx- imately 400 acres of realty located across from the present geographical boundaries of DCMUD #1 as more particularly de- scribed in the attached Exhibit 1, if and when International Business Machines Corporation, hereinafter referred to as "IEM," applied for annexation after exercising certain options to purchase said 400 acres more particularly de- scribed in Exhibit 1 hereto; and, WHEREAS, IBM has requested that, in the event the property described in Exhibit 1 attached hereto is annexed into the DCMUD #1, that the DCMUD #1 supply a quantity of water as required by IBM not to exceed 500,000 gallons per day to the property described in Exhibit 1; and, apps, 1 EXHIBIT 3, Paqe 1 WHEREAS, Gibraltar Savings Association d/b/a Trophy Club has assigned IEN the right to receive up to 500,000 gallons of water per day pursuant to the Letter Agreement between Gibraltar Savings :association and the DCMUD #1 of August 21, 1979, which assignment is hereby approved by the DCMUD #1, and, WHEREAS, it i§ deemed to be in the best interest of both the DCMUD #1 and IBM that they do enter into a mutually satisfactory agreement by means of which DCMUD #1 agrees to supply treated water to the realty described in the attached Exhibit 1 at a reasonable rate if and when IBM presents deeds showing that it owns all of such realty and that the City of Westlake, Texas, has given any necessary approval to allow such annexation, NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of $10.00 and the execution and performance of the mutual covenants herein set forth, the DCMUD 11 and IBM do hereby covenant and agree as follows: 1. TERMS AND CONDITIONS DCMUD #1 agrees to furnish and sell to IBM treated water of potable quality meeting all applicable governmental standards, delivered under the normal operating pressure prevailing in the DCMUD #1's water distribution system at a point or points of delivery mutually agreed upon. IBM agrees to accept delivery under the conditions of this agreement and to pay for the same in accordance with the terms hereof. If at any time during the term of this contract the furnishing of water by the DCMUD 41 shall be impacted by any reduction of water to the DCMUD 01 by the City of Fort Worth as provided for in that one certain contract for water service between the City of Fort Worth, Texas and the Denton County Municipal Utility District No. One dated March 13, 1979, hereinafter referred to as the "Fort Worth contract," then and in that event, the quantity of water furnished to IBM will be reduced in the same proportion to the reductions in quantity of water being furnished all other customers served by the DCMUD 21. EXHIBIT 3, Page 2 If the City of Fort North sha11 ration the use of water pursuant to the Fort Werth contract, which water rstionina or :,pater conservation measures shall be imposed upon the DCMUD #l, then ISM shall institute and apply the same .-ar1cninc,, conser,.,ation measures or restrictions to the use of water as required of all other customers of the DCMUD #l. It is contempl'ted that up to 500,000 gallons of water per day will be made available to IBM at the DCIIUD #1's water transmission facilities located in the south- eastern most portion of that portion of the DCMUD #1 known as the Trophy Club. It is agreed that IB[Y] will pay the cost of extending any necessary water transmission main from that point to the realty described in the attached Exhibit 1. 2. LOCATION AND MAINTENANCE OF MEASURING DEVICES All water furnished under this agreement by the DCMUD #1 shall be measured by one or more suitable meters equipped with continuous flow chart -recording devices and transmitting and receiving equipment. All meters and re- cording equipment shall be instalied and operated by the DCMUD #l. ISM shall pay to the DCIIUD #1 the cost of the meter, recording and transmitting equipment and appurten- ances plus the installation and maintenance costs thereof. The point or points of delivery of treated water by the DCMUD #1 shall be the meter vault connection to IBM's side of the meter, and all necessar%, maintenance and dis- tribution facilities from and 'beyond said points shall be furnished by IBM. The location of each meter shall be mutually agreed upon by and between the parties hereto, and the meter or meters shall not be moved or relocated e.-�cept by mutual consent. Each party hereto shall have the right to test the meters and appurtenances at any time by first giving the other party notice of its intention to make such a test. No meter shall be adjusted, changed, or tested, in place or elsewhere, sinless the party intending to make such adjust- ment, change or test shall first give notice to the other party of this intention and thereafter give reasonable opportunity to the other party to have representatives participate in such test, change or adjustment. All meters EXHIBIT 3, Page 3 will be properly sealed, and the seal shall not be broken unless representatives of both parties have been notified and given a reasonable opportunity to be present. 3. METER READING AND BILLING The DCMUD #1 will read all meters provided for herein at monthly intervals and the parties to this agree- ment shall have free access to read these respective meters daily, if either party so desires. It shall be the duty of the parties to give immediate notice, each to the other, should any meter be found not functioning, and upon such notice repairs to such mete_- shall be made promptly. When- ever it is evident that a meter has not registered accurately for a period of time, the quantity used shall be estimated in accordance with the useage under similar con- ditions for an equal period. The meter readings or rates of flow shall be added together when more than one meter is in service and the sum thereof shall be used for the purpose of calculating charges for water used. IBM agrees to pay the monthly charge for water service. The monthly bill shall be due and payable at the office of the DCMUD #1 on or before the 15th day immediately IBM shall not be required sewer service unless such water or actually received by IBM. 4. RATES A. Rates to be used To pay for any water or sewer service shall be The rate to be charged for water delivered to property annexed to DCMUD ##1 shall include the proper proportionate parts of the maintenance and operation cost as related to the production and transmission facilities of the total DCMUD 1's water system, the capital facilities cost (fined charges) on the production and transmission facili- ties and the raw water costs. In any event the rate to be charged to IBM for water during the term of this contract EXHIBIT 3, Page 4 Shall bear a reasonable relationship to the rate structure for other similar users within the DCMUD #1. The rate for crater delivered to areas outside DCMUD #1 shad be the same as for other similar users, if MY, outside the DCFIUD #1, which rate for users outside DCMUD #1 shall not be more than two times the rate for water delivered 'to similar Lisers within DCMUD Q. B. Sewage The DCMUD 91 does further hereby agree to receive and treat all domestic sewage discharged from the realty described in the attached Exhibit 1 or areas annexed into DCMUD #l. IBM does hereby agree to pay for the cost of all rights of way, easements, Lift stations, transmission facilities, and other appurtenances necessary to deliver raw, untreated sewage from property described in attached Exhibit 1 to the lift station at the southeastern most corner of the Trophy Club. IBM does further agree to pay such reasonable charges for such improvements and additions in the sewage collection and treatment system ("the sewer system") which must be made to handle domestic sewage discharged by IBM including the reasonable costs of expanding the sewage system to provide additional capacity to the sewage system equal to the capacity needed, from time to time, by IEM. For example, if IEN initially requires a sewage capacity of 100,000 gallons per day, then IBM shall pay DCMUD #1 the reasonable costs of expanding the sewage system of DCMUD #1 to provide an additional capacity of 100,000 gallons per day. Such costs shall include all actual costs of acquiring, constructing, equipping and com- pleting such expansion or addition to the sewage system to- gether with all related costs for sizes, easements, permits, preparation of plans and specifications, acquisition of necessary licenses, permits, waste control orders, discharge permits or amendments thereto, fiscal, legal, administra- tive, advertising, engineering and material -testing costs, and all similar costs. Prior to any sewage service ceing initially provided to IBM or subsequently increased, IBM Shall submit to DCNUD ##1 a written statement of the sewage capacity that it wishes to reserve at that time. Upon re- ceipt of such written statement DCMUD #1 shall promptly pre- pare and furnish to IEP] an estimate of costs of expanding the sewage system by such requested capacity, which cost estimate shall set forth in reasonable detail the various items of costs comprising the total (including an amount for contingencies of not more than 15% of the total). Within 30 days after receipt of such estimate from DCMUD #1, IBM shall EXHIBIT 3, Page 5 pay the full amount of such estimate to DCMUD #1 as a deposit against the actual costs to be incurred by CC MUD lin making such expansion, with any final adjustment tobe made between DCNUD #1 and InN within. 30 days after the final total of all actual costs is known_ C. Pavmeno for Sewaoe Treatment_ IBM does hereby agree to pay to the DCMUD #1 all charges for domestic sewage treatment on a monthly basis which monthly bill shall be due and payable at the office of the DCMUD #1 on or before the 15th day immediately succeed- ing the monthly billing date. The billing rates for the treatment of such sewage shall be determined by those reasonable rates charged by the DCMUD #1 for like users within DCNUD #1. The billing rate for domestic sewage, received from areas outside DCMUD #1 shall be the same as for other similar users, if any, outside the DCMUD #1 which rates for users outside DCMUD #1 shall be not more than two times the rate for domestic sewage treatment for similar users within DCMUD #I- 5. SOUTHLAKE PROPERTY Attached hereto as Exhibit 2 is a property description of realty upon which IEN has options to Purchase- In the event IBM exercises its option to purchase Part or all of such realty and in the event the City of Fort Worth amends the Fort Worth contract to permit the resale of water to the property described in Exhibit 2 EU01 agrees to sell water to IBM and to accept and treat Csewage from the property described in the attached Exhibit 2 Pursuant to the terms and conditions set forth above. IBM agrees to Present a petition for annexation of the property described in Exhibit 2 to the DCNUD Q. However, the parties recoan3ze that the City of Southlake has tentatively indicated that they would not permit annexation of the property described in Exhibit 2 and the Parties further recognize that SouthLake's approval is necessary in order to effect annexation into the DCMUD V. Insofar as this contract concerns property which is or may be annexed into Southlake, Texas, this contract shall provide a backup source of water to Ism in the event Southiake cannot supply surface water to IBM. EXHIBIT 3, Page 6 E_".,._IKF DsTE oFcoNTRACT Foy, Dr -LIN - The effective date of this contract for billing Purposes shall be the fifteenth (15th) clay of the month following the month in which water:- is first delivered to IEi,I by DC,°,IUD rcl under thisA greement or sewage services provided. LIFE OF CONTRACT The Life of this co_cract shall be for forty (qC) years from date of execution hereof, and may be renewed on terms mutually agreeable to the parties hereto. 8. RIGHTS-OF-wAy IBM shall grant to the DCNUD nl such easements and rights-of-way along public highways or other property owned by IBM as reasonably requested by the DCMUD #1 in order to construct and maintain water or sewer mains or facilities, All work done by or on behalf of the DCMUD -`1 under this paragraph will be performed in accordance with specifica- tions equal to those applying to work of a similar nature performed within the City of Fort Worth. a RESALE OR ASSIONMENT IBM does hereby covenant and agree not to sell water to any other user and further agrees that the water and sewer agreed to be supplied herein shall be used only by IBM or one of its subsidiaries on the property described in the attached Exhibirs ExhibitsI and 2 and any property owned by !Fm or one of its subsidiaries located within Trophy Club_ Mit: respect to propertyoutside the DCMUD #l, this contract is personal to IRM. EXHIBIT 3, Page 7 10. NDUNT OFNATER rER While the DCNUD ;1 shall be required to supply up to 500,OOC gallons of water per day to !HM absent anv declaration of emergenc,y or conse nation measure imposed by the City of Fort Worth is set forth in paragraph 1 "Terms and Conditions", no provision of this contract shall require the DCMUD #1 to supply more than 500,000 gallons of ,nater per day to !SM. IEE] is not committed to take any specific water or domestic sewer ser: -ice, but it may take sucin services at any time in the future subject to the terms and conditions of this agreement. on ACREEMENT TO SEEh ADD!-=ONAL WATER The DCMUD #1 and IBM do hereby mutually agree to use reasonable efforts for a period of five years from date of execution hereof to secure additional water from the City of Fort Worth or other sources outside the service area of the DCMUD #1 as determined by the Fort Worth Contract. Reasonable efforts shall be, for example, having a represen- tative attend meetings with the City of Fort Worth or others for the purposes of making reasonable reauests for trans- mission and delivery of additional water to the DCNUD #1 in excess of the 3.7 million gallons per day which the City of Fort Worth is presently obligated to provide to the DCMUD #1 under the Fort Worth contract. Either party may, but is not obligated to, participate in purchasing pumps, easements, rights-of-way, water mains, or other appurtenances necessary to transmit water to the mains of the DCMUD #1 from the City of Fort Worth which contributions shall be made to the City of Fort Worth for the purposes of securing additional water to be delivered to the DCNUD #1. In the event the parties elect to make such contribution, any additional water obtained through such contributions, which contributions shall include the cost of engineering services, additional Pumps or pumping facilities, means, rights-of-way, easements, pipe or other capital improvements to the :eater transmission facilities either in the City of Fort Worth or the DCAUD 11, the parties will share such additional water obtained by such contributions in proportion to their respective contributions. EXHIBIT 3, Page 8 11 Assume that the Tiny of Fc.r'::-. Worth agree_, to pply an additional one million rralons of water per day to the DCAUD ;#1 thro ;n presenoly presentlyexisting water mains and water txansmiss ofacilitiesn it the DCPI[iD 01 and IHM agree to supply a booster p,,, to the City of Fort Worth. Assume that the booster pump and cost of installation amount to 5500,000.00. Assume that IDM pays .$100,000.00 of this cost and that the DCMUD pays 5100,000.00 of the cos:.. IBM would then receive a rinht to an additional 200,000 gallons of water over and above the 500,000 gallons it was otherwise receiving and that the DCAUD would distribute the remaining 500,000 gallons to its other customers. The foregoing is by wav of illustration only and does not commit,either the DCNUD 7#1 or IBM to make anv specific contribution towards securing additional water. IBM shall have the right, but not the obligation, to contribute up to 250o of the total contribution, in one or more contributions, for additional water until IBM has secured an additional 500,000 gallons of water per cay over and above its allocation herein. 12. TROPHF CLUB It is understood by and between the parties hereto that IBM presently has an option to purchase approximately 166 acres of realty in the Trophy Club from Cibraltar Savings Association. In the e,-ent that IBM enercises its option to purchase such 166 acres, the DCNUD 41 does hereby agree to annex: into the DCIIUD i#1 the property described in the attached Exhibit 1 upon the presentation of a petition for annexation by IBM and presentation of a resolution of the City of Westlake, Texas, approving such annexation. in the event IBM does not exercise the option to purchase the above -referenced 166 acres, this agreement shall be null and void and neither party shall have any further duty -_ responsibility to the other. In the event IBM does not present a petition for annexation of the property described in E._hibi.t 1, this contract shall be null and -.void and neither party shall have any further responsibility to thr other. If the petition for annenation and resolution of the City of Westlake apprcyl ng such annexation have not both been presented to DCAUD ##1 by January 1, 1983, then this EXHIBIT 3, Page 9 contract shall be voidable by either party upon 30 days written notice. 13. FORCE 1!AjEURE If, by reason/of force maleure, either party hereto shall be rendered unable, wholly or in part, to carry out its obligations under this acrreement, other than obligation of IR1,1 to make payments recuired under the terms hereof, then if such party shall. gi,e notice in full particulars to sucl, force Majeure in writing to the other party within reasonable time after the occurrence of the event or cause relied upon, the obligation of the party giving such notice, so far as it is affected by such force majeure, shall be suspended during the continuation of the inability then claimed, but for no longer period, and such party shall endeavor to remove or to overcome such inability with all reasonable dispatch. The term "force majeure," as employed herein, shall mean acts of God, strikes, lockouts or other indus- trial disturbances, acts of public enemy, orders of any kind of the Government of the United States or the State of Texas, or any civil. or military authority, insurrection, riots, epidemics, landslides, lightning, earthquake, fires, hurricanes, storms, floods, washouts, droughts, arrests, restraints of government and people, civil disturbances, explosions, breakage or accidents to machinery, pipelines or canals, partial or entire failure of water supply, and inability on the part of the DCMUD -l1 to deliver ,tater or sewer services hereunder or IBM to receive water or sewer services hereunder on account of any other causes not reasonably within the control of the party claiming such inability. 14. APPROVAL BF CITi OF FORT WORTH It is understood and agreed by the parties thac the Fort Worth Contract provides that DC@IUD #1 shall not supply water outside the service area defined in the Fort Worth Contract without the prior written consent of the City of Fort Worth. The property described in both Exhibit 1 and Exhibit 2 to this contract is outside the service area as presently defined in the Fort Worth Contract. Therefore, this contract is expressly conditioned upon receipt by DCItUD EXHIBIT 3, Page 10 ATTEST: INTERNATIONAL BUSINESS MACHINES CORPORATION I_ts y authorize representative APPROVED AS TO FORM] AND LEGALITY: Attorney for Internatic Business Machines Corp. EXHIBIT.3, Page 12 W. .MEDLih! � c z tiIORTN �:c•_ ,,.--v_„ til r EXHIBIT 3, Page 13 , 0 z C - Oo U) o� a A Co � c z tiIORTN �:c•_ ,,.--v_„ til r EXHIBIT 3, Page 13 , -CP 20' cam.' W. 249. 3'j' LI R, A E, ,9 (Izi.23 S m Cp,, U _ .� I 55'41"E, N U. P, MA.R.TI)Q SLI R,Ia 1015' 1 P. D. PP'ICE S U 2, A- IZO- J.fo MARTIIJ SUk, 271, 3452 ACI.ES j,UTAC'2ANT �O, AS, 1134 SCALe:x600 \ — 1 3a O z N Z - - N,54_Zg'l9"W.- 1 .�g4.21' 35'1^1, I122.2�r EXHIBIT 3, Page 14 SEF -24-'9E TUE 18:28 ID:TRCFH'Y CLUE F� NU:1-817-481-5512 14772 Fu2';'08 ORDER APPROVING ANNEXATION OF LAND INTO DENTON COUNTYMUNICIPAL UTILITY DISTRICT NO. 1 THE STATE OF TEXAS ) COUNTIES OF DENTON ) AND TARRANT ) WHEREAS, there has been filed with the Board of Directors of Denton County Municipal Utility District No. 1 (the "DISTRICT") a Petition by international Business Machines Corporation ("IBM") dated October 29, 1982, requesting annexation of certain property to the DISTRICT, a copy of which Petition has been filed for record with the County Clerks of Denton and Tarrant Counties, Teras, and which Petition is incorporated herein by reference for all purposes; and WHEREAS, in accordance with Sections 54.711, 54.712, and 54.714 of the Texas Water Code, such Petition has been considered, and it is hereby deemed advisable by the Board to authorize the annexation of such property to the DISTRICT; and WHEREAS, it is hereby officially found and deter- mined that the meeting at which such Petition was considered and granted was open to the public and public notice of the time, place, and purpose was given, all as required by law; NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF DIRECTORS OF DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 1; 1. That the Petition of IBM dated October 29, 1982, has been heard and considered and that it is hereby considered to be to the advantage of the DISTRICT to annex the land described in such Petition. It is further deter- mined that the water, sewer, and drainage system and other improvements of the DISTRICT are sufficient or will be sufficient to supply the additional land without injuring land already in the DISTRICT. 2. That the petitioner, IBM, and successive owners of said land shall assume their share of the DISTRICT's outstanding Waterworks and Sewer System Combination Unlimited Tax and Revenue Bonds, Series 1976, issued in the aggregate principal amount of $1,530,000, and the DISTRICT's Waterworks and Sewer System Combination Tar, and Revenue Bonds, Series 1980, issued in the aggregate principal amount of $2,035,000; and the petitioner has authorized the DISTRICT to levy a tax on the property to pay its share of such bonds; and the petitioner has agreed to the issuance by the DISTRICT of the remaining voted but unissued bonds in the amount of $8,779,217, being the DISTRICT's Waterworks and Sewer System Combination flnI jiri+f ,i T.av A " A Rctrnv.avo mr,-q- .. ,' -v ....... _ i..a - - -. c r, � • I Exhibit No _ AQ_ ` \ -1 la 0 b f� UT 4 OED LIN y r rn N r~ 0 Q U) 61 SEP -24-"96 TUE 18:29 ID:TROPHY CLUB FAX N0:1-817-491-9312 kt772 P63i08-.-.—: ...__ equally on an ad valorem basis with the taxes levied on all taxable property within the DISTRICT. 4. That the land annexed to the DISTRICT by this Order is described as 405.1434 acres in the C. M. Thrcop Survey Abstract 1510, T. W. Mann Survey Abstract 1107, W. Medlin Survey Abstract 1958, William H. Pea Survey Abstract 2025, Joseph Henry Survey Abstract 528, and William H. Pea Survey Abstract 1045, in Tarrant and Denton Counties, Teras, as more fully described by metes and bounds in Exhibit No. 1 which is attached to and made a part of this order for all purposes. 5. That the annexation of such land by the DISTRICT shall be subject to performance of the terms of that certain Utility Contract dated July 30, 1982, as amended, by and between IBM and the DISTRICT, a copy of which contract is attached as Exhibit 4 to the Petition of IBM. 6. That a certified copy of this Order shall be recorded in the offices of the County Clerks of Denton and Tarrant Counties, Texas, and in the Deed Records of said Counties. A certified copy of this Order shall also be filed with the Texas Water Rights Commission, 1982. ATTEST! APPROVED AND SIGNED the 14? day of November, ERNEST W. STEELMAN Secretary, Board of Directors APPROVED: Dii ctor X President, Board of Directors, Denton County Municipal Utility District No. 1 4., r, t3HLLIFd'tLJ tk At�bUGIATGS, INC. REGISTERED CIVIL ENGINEERS & SURVEYORS 279 NORTH AUSTIN PHONE (617) 387=6506 DENTON. TEXAS 762Or October 21, 1982 FIELD NOTES TO 405.1434 ACRES IN THE C.M. THROOP SURVEY ABSTRACT 1510, T.W. MANN SURVEY ABSTRACT 1107, W. MEDLIN SURVEY ABSTRACT 1958, WILLIAM H. PEA SURVEY AB- STRACT 2025, JOSEPH HENRY SURVEY ABSTRACT 528, WILLIAM H. PEA SURVEY ABSTRACT T045 TARRANT AND DENTON COUNTIES, TEXAS All that certain tract or parcel of land situated in the C.M. Throop Survey, Ab- stract 1510, T.W. Mann Survey Abstract 1107, W. Medlin Survey, Abstract 1058, William H. Pea Survey, Abstract 2025 and 1045, and the Joseph, Henry Survey, Abstract 528, Tarrant County and Denton County, Texas, and being all,,of a 145.283 acre tract described in a deed from Ben A. Zweld to John W. Taylor, et al, on i+arch 23, 1970, recorded in Volume 4069, Page 844, Deed Records of Tarrant County, and being all of a 33.347 acre tract described in a deed from Dr. Carroll W. Browning to Helen M, Browning on December 24, 1975, recorded in Volume 782, Page 411, Deed Records of Denton County, and being all of a 117.5955 acre r -tract described in a deed from Craig and Rose Development Co. :to William Rose and Larry Craig recorded in Volume 7141, Page 660, Deed Records of Tarrant County, and being all of a 46.992 acre tract owned by Dr. Carroll W. Browning and part of a tract described in a deed from Dr. Carroll. Browning to Howard Dudley on May 27, 1970, recorded in Volume 4888, Page 625, Deed Records of Tarrant County, and all of a tract described in a deed from Mrs. A.L. Heath et al to R.M. Loftin et ux on February 6, 1964, recorded in Volume 521, Page 405, Deed Records of Denton County, and being. more fully described as follows: BEGINNING at a steel pin in the Westerly line of State Highway 114, said pin being in the North boundary line of said C.M. Throop Survey at t point 757 feet West of its Northeast corner; THENCE Southeasterly along the Westerly right-of-way of said Highway S. 36° 33' 12" E. 1133.97 feet to a steel pin; THENCE S. 186 44' 12" E. with the Southwesterly line of said Highway 221.5 feet to a rail for corner in the East lire of said Throop Survey which is the West boundary line of the lit. Medlin Survey, said corner being in the middle of County Road 3088; THENCE S. 0° 16' 23" W. with the middle of said road and with said common Survey line a distance of 1636.79 feet to,a corner; THENCE S. 14" 56' 30" E. with the middle of said road 343,43 feet to a corner; THENCE S. 880 44' 31" W. with a fence 411.50 feet to a steel pin at a fence corner; THENCE S. 890 31' 11" W. with a fence 1467.76 feet to a fence corner; THENCE N, 00 38' 34" E. with a fence 462.13 feet to a fence corner; THENCE N. 890 58' 35" W. a distance of 1976.26 feet to a steel pin on the East boundary line of Roanoke Dove Road; THENCE N. 0° 29' 22" E. a distance of 44.64 feet to a steel pin in line with the North boundary line of Roanoke Dove Road; EXHIBIT NO. I SEH -X4-" I Ue 15:.51 IJ: I KUYmy I. U= "I rvi i. r � u i — .:— -. � , . __ Fiel.d notes to 405.1434 ac: in C.M. Throop Sur. Ab. 1510 etc. Tarrant and Denton Co. THENCE N, 89' 25' 55" W. with the North boundary tine of said Roanoke Dove Road a distance of 1350.87 feet to a steel pin; THENCE with a curve to the right having a central. angle of 890 34' 401$, a radius of 154.38 feet, a chord of N. 440 38' 35" W. 217.52 feet, and an arc length of 241.36 feet to a steel pin; THENDE N. 00 08' 45" E. with the East boundary line of Robert Wood Road a distance of 977.31 feet to a steel pin; THENCE S. 890 32' Oi" E. with a fence a sitance of 1161.39 feet to a steel pin; THENCE N. 00 28' 35" W. a disatnce of 955.10 feet to a steel pin; THENCE N. 00 33' 00" W, a distance of 556.78 feet to a steel pin at a fence.corner on the South boundary line of said Loftis tract; THENCE S. 890 51' 55" W. with a fence and the South boundary line of said tract a distance of 1124.44 feet to a steel pin on the East right-of-way of Precinct LIne Road; THENCE Northerly with a fence and the East line of Precinct,Line Road the following 4 bearings and distances: (1) N. 280 51' 48" E. 165:0 feet, (2) N. 230 25' 29" E, 98.03 feet, (3) N. 120 52' 42" E, pass the North boundary line of Tarrant County which is the South boundary line of Denton County a distance of 100.0 feet to a steel pin,(4) N. 00 10' 30" W. 993,46 feet to a steel pin and fence -corner; THENCE N. 890 49' 05" E. with said fence a distance of 257.0 feet to a steel 'pin and fence corner; THENCE N. 00 28' 23" W, with said fence a distance of $07.0 feet to a steel pin and fence corner on the Souhteasterly right -Of -way of State Highway 114 and the North Northwest corner of said Loftis tract; THENCE S. 709 59' 27" E. with the Southeasterly right-of-way of State Highway 114 a distance of 1140.6 feet to a fence corner at the North Northeast corner of said Loftis tract which is the Northwest corner of said Helen Browning tract; THENCE S. 700 56' 33" E. with the SoutPI-ast aright -of -way of said State Highway 114 a distance of 1660.36 feet to a steel pin and fence-=rner; THENCE S. 710 00' E. with the Southerly right-of-way of State Highway 114 a distance of 678.17 feet to a right-of-way post at the beginning of a curve; THENCE Southeasterly with said right-of-way and a curve to the right having a central angle of 279 41' 02", a chord of S. 570 09' 29" E. 861.21 feet, a radius of 1799.86 feet, and an arc distance of 869.65 feet to a right-of-way post at the end of said curve near the South boundary line of Denton County and of the Henry Survey and at the Northwest corner of a 0.67 acre tract to the State of.Texas; -� - SEP-24—"?6 TUE 18:31 IL: TROPHY CLI_IH FAX NO:1-817-491-9312 11772 Field notes to 405.1434 ac II'ac" ruy' , in C.M. Throop Sur, Ab. 1510 etc. Tarrant and Denton Co THENCE S. 250 38' A with a fence and said right-of-way a distance of 108.43 feet to a steel pin at the beginning of a curve; . THENCE Southeasterly with said right-of-way and a curve to the right having a central angle of 6° 15' 27", a chord of S. 39° 39' 44" E. 196.47 feet, a radius of 1799.86 feet, and an arc distance of 196.57 feet to a steel pin at the end of said curve; THENCE S, 3002' E. with a fence and said right-of-way a distance of 30.85 feet to the place of beginning and containing in all 405.1434 acres of land. I