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Ord 149 Agreement with Lake Turner Water Supply CorporationORDINANCE NO. 149 GRANT OF FRANCHISE TO AND AGREEMENT WITH LAKE TURNER WATER SUPPLY CORPORATION, ITS SUCCESSORS OR ASSIGNS, FOR THE INCLUSION OF CERTAIN LAND IN LAKE TURNER WATER SUPPLY CORPORATION'S SERVICE AREA WHEREAS, Lake Turner Water Supply Corporation, a Texas nonprofit water supply corporation incorporated pursuant to TEX. Rev. CIV. STAT. AI7N. art. 1^.34a (Vernon 1980) (hereinafter "NWSC"), acting by and through its duly authorized Board of Directors, on the 3rd day of March, 1986, approved a resolution to provide those services for which nonprofit water supply corporations may be incorporated to certain land, including: a) those properties owned by, or held for the benefit of N. B. Hunt or Nelson Bunker Hunt, located in northern Tarrant and southern Denton Counties, together with b) certain specific property located in northern Tarrant and southern Denton Counties as more particularly described by metes and bounds in Exhibit "A" and Exhibit "B" attached hereto and made a part hereof for all purposes (hereinafter collectively "Land"); and WHEREAS, the Board of Aldermen of the Town of Westlake, a Texas General Law town (hereinafter "Westlake"), has determined that it is in the best interest of and consistent with the public convenience and necessity of the citizens of Westlake to grant a franchise and enter into an agreement with NWSC, pursuant to TEX. REV. CIV. STAT. ANN. art 1109; (Vernon Supp. 1985), for service of the land; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF WESTLAKE, AND AGREED TO BY NWSC: SECTION 1. GRANT OF FRANCHISE. Westlake hereby grants, and NWSC hereby accepts, from the date hereof, for the full term (hereinafter "Term"), as defined by Section 2 herein, the right, privilege, and franchise to have, acquire construct, reconstruct, maintain, use, and operate on the Land, those facilities and services (hereinafter jointly "Facilities") for which nonprofit water supply corporations may be incorporated. SECTION 2. METES AND BOUNDS DESCRIPTION OF THE LAND. Westlake and NWSC recognize that NWSC is presently arranging for the surveying of that portion of the Land owned by, or held for the benefit of N. B. Hunt or Nelson Bunker Hunt, and agree to the attachment hereto of the metes and bounds description from said survey as Exhibit "B", said exhibit becoming a part hereof for all purposes following approval as to legal form thereof by the Westlake town attorney. SECTION 3. TERM AND TITLE TO FACILITIES. Said consent is granted for a term of twenty (20) years from and after the date of the passage of this ordinance, or until NWSC has no outstanding indebtedness, whichever occurs first. Upon the payment in full of all indebtedness, title to NWSC's,its successors' or assigns, Facilities constructed on the Land shall vest to Westlake. -2- SECTION 4. CONSTRUCTION SCHEDULES AND APPROVALS. Subject to applicable laws and regulations, NWSC shall have sole discretion over what Facilities it chooses to build, together with construction schedules therefor and operation and use thereof. However, whereas Westlake will eventually hold title to those Facilities constructed on the Land, NWSC shall construct no Facilities on the Land without Westlake's prior consent to plans therefor, which consent shall not be unreasonably withheld. Any construction shall substantially conform to said approved plans. SECTION 5. USE OF STREETS AND PUBLIC WAYS. NWSC is hereby granted the nonexclusive right and privilege to have, acquire, construct, reconstruct, maintain, use, and operate in, over, under, along, and across the present and future streets, sidewalks, and other public easements of Westlake all necessary or desirable Facilities. Said Facilities shall vest in title to Westlake upon the conclusion of the Term, as defined in Section 2 hereof. NWSC shall respect rights and property of Westlake and other authorized users of streets, sidewalks, and other public easements of Westlake. SECTION 6. CERTAIN REPRESENTATIONS. NWSC is presently constructing a water line to service the Land and will diligently work towards completion of same. NWSC will negotiate with the City of Fort Worth for a supply of treated water. NWSC shall vigorously pursue full compliance with all applicable laws and regulations, including but not limited to -3- those requirements of the Public Utilities Commission, Texas Department of Health, Texas Department of Highways and Public Transportation and the Texas Water Commission, as applicable. SECTION 7. LIABILITY. NWSC shall hold Westlake harmless from any and all expense and liability in connection therewith. SECTION 8. ASSIGNMENT. Westlake and NWSC recognize NWSC's anticipated sale, transfer, conveyance and assignment of the Facilities, together with all rights and privileges hereunder, to a'Municipal Utility District (herein- after "MUD"), or MUD's, formed for the purpose of said conveyance, and for the purpose of more fully servicing the needs of the Land. PASSED, APPROVED, AGREED AND ENTERED INTO this day of Iu;: >,_✓', , A. D. 1986. ATTEST: APPROVED AS TO LEGAL FORM: Byt Names Paul Isham Town Attorney Westlake, Texas LAKE TURNER WATER SUPPLY CORPORATION, a Texas non-profit corporation BY: Name: Russell B. Trenary Title: President TOWN OF WESTLAKE, a Texas General Law town By:. BY NaiUe. Wanda G. White Name: Dale L. White Town Secretary Mayor Town of Westlake, Texas -4- LE$IBIT "A" BEING 548.106 acres of land situated in the William Huff Survey, Abstract No. 648, Tarrant County, Texas, and the William Huff Survey, Abstract No. $19, Denton County, Texas, also being all of that certain 227.727 acre tract of land as described in deed to Charles Rodman, Trustee, and recorded in Volume 7738, page 1064,%County Records, Tarrant County, Texas, along with all of that certain tract of land ak described- in deed to Rodman International Joint Venture and recorded in Volume 7759, page 2216, said County Records; BEGINNING at the northwest corner of that certain'tract of land as described in deed to Ann Lou Levis and Ethel Roberta ranning and recorded in Volume 2294, Page S22, said County Records and in dead to Leon D. Levis and recorded in Volume 7262, page 707, said County Records, said point being a 1/2 inch iron rod, found, which bears N 24 deg. 50 min. 00 sec. E, 269.81 feet from a Texas Highway Department concrete monument, found, at Ste. 13640,0, said 2/2 inch iron rod also being on the southeasterly right-of-way line of V.S. Highway No. 377 (a 110 foot vide public right-of-way); THENCE N 24 deg. 50 min. 00 see. E, 672.67 feet along said south- easterly sight-of-vay line to a 5/8 inch iron rod, set, from which a railroad spike bears S 78 deg. 05 min. Ol see. E, 1.42 feet, said iron rod being the southwesterly corner of a 1.036 acre tract of land; THENCE S 79 deg. S9 min. 34 sec. E, 311.15 fast along the southerly line of said 1.036 acre tract to a $/8 inch iron rod, set, being the southeasterly corner of said 1.036 acre tract; THENCE N 27 deg. 42 min. SS see. s, 148.99 -feet along the easterly line of said 1.036 acre tract of a 5/8 inch iron rod, set, being the northeasterly corner of said 1.036 acre tract; THENCE N 79 deg. 29 tin. 34 see. W, 328.18 feet along the northerly line of said 1.036 acre tract to a S/6 inch iron rod, set, from which a 5/8 inch iron rod bears N 63 deg. 47 min. 07 see. W, 0.92 feet, said set rod being the northwesterly corner of said 1.036 acre tract,.said rod also being on the aforementioned southeasterly right -of -ray line of said U.S. Highway No. 377s THENCE N 24 dog. SO tin. 00 sec. Z, 6024.61 teat along.. said southeasterly right-of-way line to a S/e inch iron 'rod, set, from which a 1/2 inch iron rod bears S 69 dog. 49 min. 07 see. E, 1.14 feet, said sat rod being the southwesterly corner of that certain tract of land as described in deed to the Tabernacle Baptist Church and recorded in Volume 7140 lags 459, Deed Records, Denton County, Texas; MMISIT "A' (Property Description) - Page 1 L THENCE 8 89 deg. 49 min. 07 sec. t, 227S.07 toot along the southerly line of said Church tracf, also being along the southerly lana of that certain tract of land as described in dead to Walter Y. .Perish and recorded in Volume 290, Page 188, said Deed Records, and also being along the southerly line of that certain tract of land as described in deed to Cary L. Thomas and recorded in Volume 1183, Page 119, said Deed Records, to a 60d nail, set in pavement, being the' southeasterly corner of said Thomas tract, also being on the westerly line of that certain tract of land as described in deed to Nelson Bunker Bunt and recorded in Volume 571, Page 246, said Deed Records, said 60d nail being on the centerline of Roanoke Road (a 50 toot wide right-of- way); THENCE 8 00 dog. 09 ain. 48 see. We $035.60 test along said centerline and said westerly line and along the westerly line of thosa'certain tracts of land as described in deeds to Belson Bunker int; recorded In Volume 4612, Page 362 (Ninth and tenth Tracts); to Melvin R. Farrell, recorded is Volume 3186, Page 400; to lobart-s. Oniaolls, recorded in Volume 7165, Page 2330; and to Charles C.' Blocum, recorded in Volume 7165, Page 2322, County Records, Tarrant County, Texas, to a 60d nail, set in pavement, for an angle point in the centerline of said Roanoke Road at $ta. 147488.31 THENCE 5 00 deg. 45 adn. 48 sec. We along said centerline and the westerly line of the aforementioned Hunt Tenth Tract and the westerly line of Oak Trails =states, an unrecorded plat, at 1176.60 fast, passing a 60d nail, set in pavement, for $to. 136411.6 P.T., and leaving said centerlins and continuing in all 1345.98 feet to a 5/8 Inch iron.rod,_set, from which a 5/8 inch iron rod bears N 89 dog. 55 adn. 26 sec. S, 6.2S fast, said rod being the northwesterly corner of that certain tract of land as described in dead to Uhus J. Maly and recorded in Volume $331, Page 662, said county tocords,'•and also being the northeasterly corner of that certain trait as described in deed to Garold J. Thornton and recorded in Volume 46570 Page 361, said County Records; THENCE B 89 deg. 55 min. 26 soc. We 5202.44 test along the northerly Ila* of said Thornton tract and also along the northerly line of the aforementioned Leon Levis, Annie Lewis and Mal Fanning Tract to a int of beginning and containing 548.106 acres of land, from which 600 acres leo within road rights-of-way, leaving a net acreage of 544.506 acre's of land, more or less. mmrBIT eA• (Property Description) -?age 2