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Ord 112 Granting petition for inclusion of certain land in Denton Co. MUD 2ORDINANCE NO. i AN ORDINANCE GRANTING A PETITION FOR THE INCLUSION OF CERTAIN LAND IN DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 2, OF DENTON COUNTY, TEXAS WHEREAS, a petition requesting the Town of Westlake's consent that certain land be included in Denton County Municipal Utility District No. 2, of Denton County, Texas, has been duly filed with the Board of Aldermen of the Town of Westlake, Texas; and WHEREAS, said petition has been considered by the Board of Aldermen of the Town of Westlake, Texas; and WHEREAS, the granting of said petition will provide for the orderly development and use of the land to be included in said District and will promote and protect the general health, safety and welfare of persons residing therein; and WHEREAS, by Ordinances previously passed and approved, the Board of Aldermen of the Town of Westlake, Texas, has approved similar petitions submitted by the predecessors in title of the current Petitioner which resulted in minor boun- dary conflicts and discrepancies between such Ordinances; and WHEREAS, the boundaries of the proposed District have been further altered in the current Petition; and WHEREAS, the best interests of the Town of Westlake and the Petitioner will best be served by consideration of the current Petition and the repeal of prior conflicting Ordinances; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, THAT: Section 1. 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. This meeting was called and notice thereof was given and posted in accordance with law. Section 3. Attached to this Ordinance and made a part hereof is a petition requesting the Town of Westlake's con- sent to the inclusion of certain land in proposed Denton County Municipal Utility District No. 2, of Denton County, Texas, and such petition is hereby granted, subject to the terms and conditions set forth therein. Section 4. All prior Ordinances or Resolutions of the Town of Westlake, Texas, in conflict herewith are hereby repealed, revoked, rescinded and of no further force and effect. Section 5. This Ordinance shall be passed on this the day of 2,{- , A.D., 1979, and shall take effect immediately upon its passage and approval by the Mayor. PASSED THIS 1q Pt_ day of la c , A.D. 1979. APPROVED THIS I�/'h day of A.D. 1979. APPROVED: TOWN ATTORNEY (SEAL) MAYOR of the To Westlake, Texas -2- I, WANDA G. WHITE, Town Secretary of the Town of Westlake, Texas, do hereby certify that the within and fore- going is a true and correct copy of Ordinance No. , passed by the Town's Board of Aldermen and approved by the Mayor of said Town on the / �/ff day of �, 1979, as the same appears in the Town's records in my office. WITNESS MY HAND and the Seal of said Town this /� day of _-��, 1979. WANFA GZ WHITE, Town Secr tary of the Town of Westlake, Texas -3- PETITION FOR CONSENT TO THE CREATION OF P MUNICIPAL bTIL!TY DISTRICT THE STATE OF TEXAS § 5 COUNTY OF DENTON g TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF THE TOr.,N OF WESTLAKE, TEXAS: The undersigned (herein the "Petitioner"), being the holdei of title to the lands within the territory herein- after described by metes and bounds and being the owner of a majority in value of such lands, as indicated by the tax rolls of Denton County, Texas, and acting pursuant to the provisions of Chapter 54, Title 4, Texas Water Code, as amended, respectfully petitions the Mayor and Board of Aldermen of the Town of Westlake, Texas, for its written consent to the creation of a municipal utility district and would respectfully show the following: I. The name of the proposed District shall be Denton County Municipal Utility District No. 2, of Denton County, Texas. II. The District shall be created and organized and shall exist under the terms and provisions of Article XVI, Section 59 of the Constitution of Texas and Chapter 54, Title 4, Texas Water Code, as amended. The District shall contain an area of approximately 351.73 acres of land, more or less, situated wholly in Denton County, Texas. No part of the area within the District is within the limits of any incorporated city, town or village and no part of the District is within the extra- territorial jurisdiction (as such term is defined in Article 970a, Vernon's Texas Civil Statutes) of any city, town or village, except the Town of Westlake, Texas. All of the territory proposed to be included may property be included in the District. The area proposed to be within the District consists of one tract which is described by metes and bounds in Exhibit "A", which is attached 'hereto and incorporated herein for all purposes. IV. The undersigned holds title to land within the District and is the owner of a majority in value of the lands therein as indicated by the tax rolls of Denton County, Texas. PAI The general nature of the work to be done by the District at the present time is the construction, acquisi- tion, maintenance and operation of a waterworks and sanitary sewer system for domestic and commercial purposes, and the construction, acquisition, maintenance and operation of a drainage system to gather, conduct, divert, and control local storm water or other local harmful excesses of water in the District. VI. There is, for the following reasons, 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 and sustained residential and commercial growth. There is not now available within the area, which will be developed primarily as a residential subdivision, an adequate waterworks and sanitary sewer system or drainage system. The health and welfare of the present and future inhabitants of the area and of terri- tories adjacent thereto require the construction, acquisi- tion, maintenance and operation of an adequate waterworks and sanitary sewer and drainage system. A public necessity therefore exists for the organization of such District, to provide for the purchase, construction, extension, improve- -2- meat„ maintenance and operation of such waterworks and sani- tary sewer system and such drainage system, so as to promote the purity and sanitary condition of the State's waters and the public health and welfare of the community. VII. Petitioner requests consent to the creation of the aforesaid District under the conditions set forth in Exhibit "B", which is attached hereto and incorporated herein for all purposes, until such time as said conditions may be changed by ordinance or resolution, either specific or general. VIII. A preliminary investigation has been instituted to determine the cost of the project, and it is now estimated by the Petitioner, from such information as it has at this time, that the ultimate cost of the development contemplated will be approximately $5,400,000. WHEREFORE, the Petitioner respectfully prays that this petition be heard and that your honorable Body duly pass and approve an ordinance or resolution consenting to the crea- tion of the District and authorizing the inclusion of the land described herein within the District. RESPECTFULLY SUBMITTED, this /�T� day of 1979. ATTEST: ti .Assistant Secretary (SEALI. ;j GIBRALTAR SAVINGS ASSOCIATION -3- Vice President EXHIBIT "A" DENTON COUNTY MUNICIPAL UTILITY ;.DISTRICT NO. 2. Boundary description for a tract of land out of the J. BADS, AB. -392; R. EADS, AB. -393; J. HENRY, AB. --529; W. MEDLIN, AB. -829 and J. SUTTON SURVEY, AB. -1154, Denton County, Texas, being portions of certain tracts conveyed to Gibraltar Savings Association by a deed dated May 25, 1977 and recorded in Volume 837, Page 16 Within the Deed Records of Denton County, Texas, and being more particularly described by metes and bounds as follows; BEGIT..TNING at a point within said J. Eads Survey in the East line of that certain 1-134/1000 acre tract conveyed to Texas Power & Light Company, said point being South 68 degrees 48 minutes 45 seconds East 161-15/100 feet and North 0 degrees 15 minutes West 32-2/10 feet from the Southwest corner of said T.P. & L. tract and the Southwest corner of that certain 47u-488/1000 acre tract formerly conveyed to Johnson-Loggins, Inc. by a deed recorded in Volume 676, Page 153, D.R., D.C., T.; THENCE, with the East and North line of said T.P. & L. tract, ;;orth 0 degrees 15 minutes West 326-7/10 feet and South 89 degrees 45 minutes West 120-0/10 feet to a point; THENCE, departing said T.P. & L. tract, passing 30 feet East of and parallel to the West line of said 476-488/1000 acre tract, North 0 degrees 15 minutes West 2063-0/10 feet and continuing 30 feet South of and parallel to the North line of said tract, South 89 degrees 50 minutes East 569-8/10 feet to a point; THENCE North 0 degrees 10 minutes East 20-0/10 feet to a point; THENCE following 10 feet South of and parallel to said 476-488/1000 acre tract North line, South 89 degrees 50 minutes East 790-8/10 feet, North 11 degrees 42 minutes East 11-8/10 feet and South 89 degrees 55 minutes 30 seconds East 1258-5/10 feet to a point; THENCE North 10-0/10 feet to a point in the North line of said 476-488/1000 acre tract, said point being South 89 degrees 55 minutes 30 seconds East 10-0/10 feet from a steel rod at a fence corner', for the Southwest corner of that certain 243-303/1000 acre tract conveyed to Gibraltar Savings Association and continuing with the South line of said 243-303/1000 acre tract, South 89 degrees 55 minutes 30 seconds East 380-0/10 feet to a point; THENCE, departing said North property line and common Survey line, North 56 degrees 49 minutes East 312-0/10 feet, North 73 degrees 35 minutes East 150-0/10 feet, North 87 degrees 46 minutes East 195-0/10 feet, South 85 degrees 41 minutes East 317-0/10 feet, South 82 degrees 41 minutes East 150-0/10 feet, South 74 degrees 01 minute East 150-0/10 feet, South 66 degrees 00 minutes East 150-0/10 feet, South 54 degrees 56 minutes East 150-0/10 feet, North 47 degrees 06 minutes East 115-0/10 feet, South 42 degrees 54 minutes East 30-0/10 feet and North 68 degrees 54 minutes East, crossing the East fenced line of said 243-303/1000 acre tract at 171-6/10 feet from which the Southeast corner thereof bears South 1 degree 38 minutes West 100-4/10 feet, and continuing Jn all, 265-0/10 feet to a point; THENCE South 25 degrees 24 minutes East, crossing the fenced line ccmmon to said J. Henry and W. Medlin Surveys at 146-9/10 feet from which the Southwest corner of a 357-134/1000 acre tract bears South 89 degrees 30 minutes West 153-0/10 feet and the North- west corner of said W. Medlin Surveys bears South 89 degrees 30 minutes West some 183 feet and continuing in all, 300-0/10 feet; I%HENCE South 15 degrees 45 minutes East 300-Of10 feet, South 9 degrees 33 minutes East 300-0/10 feet, South l degree 02 minutes East 300-0/10 feet, South 7 degrees 41 minutes West 300-0/10 feet and South 13 decrees 49 minutes 30 seconds West 307-0/10 feet to a point in the approximate centerline of Marshall Creek; THENCE; upstream with the meanders of said creek centerline, South 45 degrees 00 minutes West 290-0/10 feet, South 25 degrees 28 minutes West, crossing the line common to said W. Medlin and J. Eads Surveys at approximately 170 feet, in all, 233-0/10 feet, South 52 degrees 08 minutes West 342-0/10 feet, South 20 degrees 33 minutes West 174-8/10 feet and South 31 degrees 00 minutes East, passing the Northwest corner of Lot 465, Trophy Club, Section Seven, recorded in Volume 13, Page 41, within the Plat Records of Denton County, Texas, at 50-85/100 feet, in all, 261-95/100 feet and South 19 degrees 02 minutes East, crossing the line common to said J. Eads and J. Sutton Surveys at approximately 27 feet, continuing in all, 115-0/10 feet to a sharp angle point in said creek centerline; THENCE, continuing upstream with said approximate creek centerline, and with the West line of said Trophy Club, Section Seven, South 41 degrees 44 -minutes West 218-8/10 feet, South 46 degrees 52 minutes West 153-4/10 feet, South 51 degrees 25 minutes West 83-5/10 feet to the North corner of Lot 481, said Section Seven, South 55 degrees 21 minutes West 126-4/10 feet, South 13 degrees 58 minutes East 160-4/10 feet, South 10 degrees' 23 minutes West 98-9/10 feet and South 45 degrees 32 minutes West 96-5/10 feet to the West corner of Lot 484, said Section Seven, said point also being the most Northerly corner of that certain "Tract C", Trophy Club, Section Eight, as recorded in Volume 15, Page 12, P.R., D.C., T.; THENCE, continuing upstream with said Marshall Creek centerline and the West line of said "Tract C and said Section Eight, South 44 degrees 05 minutes 30 seconds West 92-31/100 feet, South 19 degrees 51 minutes 40 seconds West 57-0/10 feet, South 15 degrees 52 minutes 06 seconds East 143-53/100 feet, South 1 degree 16 minutes 25 seconds East 48-78/100 feet, South 15 degrees 56 minutes 14 seconds West 38-23/100 feet, South 39 degrees 28 minutes 26 seconds West 34-03/100 feet, South 80 degrees 22 minutes 38 seconds West 29-24/100 feet, and South 38 degrees 28 minutes 31 seconds West 107-8/10 feet to a point in the North fenced R.O.W. of State Highway No. 114 for the West corner of said "Tract C" and Section Eight; THENCE, departing said creek centerline and with said North fenced highway R.O.W., North 68 degrees 48 minutes 45 seconds West, crossing the line common to said J. Sutton and R. Eads Surveys at 1965-4/10 feet, recrossing the line common to su d R. Eads and J. Eads Surveys at 3469-8/10 feet and continuing in all, 3664-6/10 feet to a point; THENCE, departing said highway R.O.W., North 32-2/10 feet to a point; THENCE, passing 30 feet Northeast of and parallel to said highway R.O.W., North 68 degrees 48 minutes 45 seconds West 339-3/10 feet to the point of ioginning, containing some 351-73/100 acres Of land. EXHIBIT "B" (a) Fonds r:ay be issued by the District only for the purpose of purchasing and constructing, or purchasing or constructing, or under contract with the Town of Westlake or otherwise, acquiring waterworks systems, sanitary sewer . systems, storm sewer systems and drainage facilities, or interests in or parts of such systems or facilities, and to =.ake any and all necessary purchases, constructions, improve- ments, extensions, additions and repairs thereto, and to purchase or acquire all necessary rights of use or interests -n land, rights-of-way, easements, sites, equipment, buildings, m arts, structures and facilities therefor, and to operate and maintain same, and to sell water, sanitary sewer, and other services within or without the boundaries of the District. Such bonds shall expressly provide that the District shall reserve the right to redeem said bonds on any interest payment date subsequent to the fifteenth (15th) anniversary of the date of issuance without premium, and shall only be sold after the taking of public bids therefor, and none of such bonds, other than refunding bonds, shall be sold for less than 95% of par, provided the net effective interest rate on bonds so sold, taking into account any dis- count or premium as well as the interest rate borne by such bands, shall not exceed'two percent (2%) above the highest average interest rate reported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one-month period pre- ceding the date notice of the sale of such bonds is given, and bids for the bonds will be received not more than forty- five (45) days after notice of sale of the bonds is given. =he resolution authorizing the issuance of the District's Dads will contain a provision that the pledge of the revenues from the operation of the District's water and sewer and/or drainage system to the payment of the District's bonds will terminate when and if the Town of Westlake, Texas, dissolves the District, takes over the assets of the District and assumes all of the obligations of the District. (b) The District will agree to employ a sewage plant operator holding a valid certificate of competency issued Winder the direction of the Teras State Health Department as required by applicable laws and regulations. The District will agree to make periodic analyses of its discharge pur- suant to the provisions of applicable laws and regulations and further will agree to send copies of all such effluent ,rata to the appropriate official of the Town of Westlake. _he District will agree that representatives of the Town of ,,estlake may supervise the continued operations of the sewage treatment facility by making periodic inspections thereof. (c) The District will agree that it will not provide water, sewer and drainage facilities until an owner or the developer of the land included within the limits of the District has prior to the sale of any subdivided lot or parcel of land filed with the appropriate official of the Town of Westlake a plat which has been duly recorded in the -:ap and plat records of Denton County, Texas, and has other- wise complied with the applicable rules and regulations of the Town of Westlake.