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Ord 56 Granting a Petition for the inclusion of certain land in Denton County Municipal Utlity District 1ORDINANCE NO. 56 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, said petition has been considered by the Board of Aldermen of the Town of Westlake, Texas; and WHEREAS, the granting of said petition -will result in providing more 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 thereon; 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 preamble of this Ordinance are hereby found and declared to be true and correcto 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 con- sent that certain land be included in Denton County Municipal Utility District Noo 1e Such petition is hereby granted, subject to the terms and conditions set forth therein. Section 4. This ordinance shall be passed on this the , 4'd ay of e� �/- - ---- I A.D. 1973, and shall take effect immediately upon its passage and approval by the Mayor. PASSED this r day Of A.D. 1973. Z7/-- , I APPROVED this day of A.D. 1973. ZyAaoro—f the To n o f Westlake APPROVED: Town Attorney PETITION FOR CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT THE STATE OF TEXAS § COUNTY OF DENTON § TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: The undersigned (herein the 'Petitioner") holder of title to land within the territory hereinafter described by metes and bounds and being the owner of a majority in value of the lands therein as indicated by the tax rolls of Denton County, 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 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. 1. 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, Water Code of Texas. The District shall contain an area of approximately 532=34 acres of land, more or less, situated wholly in Denton County, Texas. All of the area within the District is within the corporate limits of the Town of Westlake. 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 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. M The general nature of the work to be done by the Dis- trict at the present time is the construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system for domestic, industrial 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 as a residential subdivision, an adequate waterworks and sanitary sewer system nor an adequate drainage system. The health and welfare of the present and future inhabitants of the area and of territories adjacent thereto require the construction,, acquisition, main- tenance 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 pur- chase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary 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. VITT. 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 $6,388,o0Q. 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 to the creation of the District and authorizing the inclusion of the land described herein within the District. RESPECTFULLY SUBMITTED, this , day of ���, 1973 JOHNSON-LOGGINS, INC. President ATTESm ; F Secretary (SEAL) EXHIBIT 'A' DENTON COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 1 Description for all that certain tract of land out of the J, Eads Survey, Abstract 392, W. Medlin Survey, Abstract 8290 R. Eads Survey, Abstract 393, J. Sutton Survey, Abstract 1154, J. R. Michael Survey, Abstract 820, and C. Medlin Survey, Abstract 823, Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron pin in the North right-of-way of State Highway No. 114, said pin being S 68° 48' 50" E 2-4/10 feet from a fence corner, said pin also being at the most Westerly Southwest corner of that certain Second Tract conveyed to Rolling Green Co., Inc., by deed recorded in Volume 512, Page S309 Deed Records, Denton County, Texas; THENCE with the West line of said Tract Two, N 00 15' K 2393-2/10 feet to an iron pin for the Northwest corner of said tract; THENCE with the North Line of said Second Tract, as fenced, S 890 50' E 1382-4/10 feet to an iron pin, and N 110 42' E 11-9/10 feet to an iron pin and S 890 53' E 725-0/10 feet to a point; THENCE departing said Second Tract North line, South 725-0/10 feet to a point; THENCE East 340-0/10 feet to a point; THENCE S 620 30' E 1140--0/10 feet to a point; THENCE N 86° 00' E 1050-0/10 feet to a point; THENCE S 510 00' E crossing the line common to said J. Eads and W. Medlin Surveys, 700-0/ 93 feet to a point; WHENCE N 850 56' E 968-0/10 feet to a point; THENCE S 690 00' E 510-0/10 feet to a point; THENCE N 450 00' E 445-0/10 feet to a point; THENCE S 85® 00' E 325-0/10 feet to a monument marked "E--114"; THENCE N 750 56' E 120m-65/100 feet to a monument; Page 1 of 2 pages Page 2 of 2 pages THENCE S 780 13' E crossing the line common to said W. Medlin and J. R. Michael Surveys, 393-9/10 feet to a monument in a fence; THENCE N 33° 42' E 299-1/10 feet to a monument; THENCE S 73° 37' E 958-2/10 feet to a monument; THENCE S 90 39' E 221-55f100 feet to a monument marked "E-109"; THENCE S 280 44' W crossing the line common to said J. R. Michael and 0. Medlin Surveys, 1135-2/10 feet to a point; THENCE S 00 11' E 530-0/10 feet to a point in the North line of Medlin Road; THENCE with said North line, S 850 26' 30" ;rJ 560-0/10 feet to a point; THENCE departing said North line, S 1011 26' 30" W 410-0/10 feet to a point; THENCE S 200 56' 30" W 500-0/10 feet to a point; THENCE S 380 26' 30" W 510-0/10 feet to a point; THENCE S 19° 42' W 526-4/10 feet to a point in the North right- of-way of State Highway No. 1141 THENCE with said North right-of-way, N 680 48' 50" W crossing the line common to said C. Medlin and J. Sutton Surveys, at 5196-7/10 feet an iron pin on the line common to said J. Sutton and R. Eads Surveys, and at 6701-1/10 feet an iron pin on the lane common to said R. Eads and J. Eads Surveys, in all 7396-8/10 feet to the place of beginning, containing some 532-34/100 acres of land. SEMPCO, INC. August 1, 1973 1497 (Compiled from records.) EXHIBIT "B" (a) Bonds may 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 parts of such systems or facilities, and to make any and all necessary purchases, constructions, improvements, ex- tensions, additions and repairs thereto, and to purchase or acquire all necessary land, rights-of-way easements, sites, equipment, buildings, plants, structures and facili- ties 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 etakinghan of public bids therefor, and none of such bonds, other 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 discount or premium as well as the interest rate borne by such bonds, shall not exceed two percent (2%) above the highest average interest 2�rateidrendex" ported by the Daily Bond Buyer in its weekly during the one-month period- preceding the date notice of the sale of such bonds is given and bids for thafbondsfter will be received not more than forty-five (x-45) days of sale of the bonds is given. The resolution authorizing the issuance of the District's bonds will contain a provi- sion 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. No land will be added or annexed to the District until the Town of Westlake has given its written consent by resolution of the Board of Aldermen to such addition or annexation. (b) The District, its directors, officers, or the developers and landowners shall submit to the appropriate official of the Town of Westlake before the commencement of any construction within the District all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve such District and obtain the approval of such plans and specifications. Such plans and specifications will, to the extent economically feasible, provide for the future development of the areas adjacent to the District. The construction of such facilities shall be in accordance with the approved plans and specifications. Allater wells, water meters, flush valves, valves, pipes and app and all water service lines and sewer service lines, lift stations, sewer treatment facilities, and appurtenances thereto, installed or used within the District shall comply with the Town of Westlake's Building Code. Prior to the construction of such facilities within the District, the District, or its engineer, shall give written notice by registered or certified mail to the appropriate official of the Town of Westlake, stating the date that such con- struction will be commenced. During the progress of the construction and installation of such facilities, such official may make periodic on -the -ground inspections. (c) The District will agree to employ a sewage plant operator holding a valid certificate of competency issued under the direction of the Texas State Health Department as required by Section 20(a) of Article 4477-1, Vernon's Texas Civil Statutes. The District will agree to make periodic analyses of its discharge pursuant to the provi- sions of Texas Water Quality Board Order No. 69-1219-1 and further will agree to send copies of all such effluent data to the appropriate official of the Town of Westlake, as well as to the Texas Water Quality Board. The District will agree that representatives of the Town of Westlake may supervise the continued operations of the sewage treatment facility by making periodic inspections thereof. (d) 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 obtained the approval of the appropriate official of the Town of Westlake to a plat which has been duly recorded in the Map and Plat Records of Denton County, Texas, and has otherwise complied with the rules and regu- lations of the Town of Westlake. (e) Within a reasonable time upon receiving notice from the Town of Westlake, the District shall, to the extent that excess capacity is available, provide the Town with sewage treatment services at a charge equal to the District's cost in providing such services. The "District's cost" shall include the cost of the capital expenditures and the maintenance and operation expenses attributable to the capacity provided. In the event such excess capacity is not available, the District will use its best efforts in providing such capacity. (f) In the event that the water supply source of the District is a surface reservoir and/or is provided the District pursuant to a water supply agreement with a city or other political subdivision and within a reasonable time upon receiving notice from the Town of Westlake, the District shall, to the extent that excess capacity is available, provide the Town with water supply services at a charge equal to the District's cost in providing such services. The "District's cost" shall include the cost of the capital expenditures and the maintenance and operation expenses attributable to the capacity provided. In the event such excess capacity is not available, the District will use its best efforts in providing such capacity. (g) The District shall comply with the subdivision ordinance, building codes, fee schedules, zoning ordinance and other rules and regulations of the Town of Westlake. PETITION FOR CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT THE STATE OF TEXAS § COUNTY OF DENTON § TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS:. The undersigned (herein the "Petitioner") holder of title to land within the territory hereinafter described by metes and bounds and being the owner of a majority in value of the lands therein as indicated by the tax rolls of Denton County, 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 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. 1. 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, Water Code of Texas. The District shall contain an area of approximately 532.34 acres of land, more or less, situated wholly in Denton County, Texas. All of the area within the District is within the corporate limits of the Town of Westlake. 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 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. V. The general nature of the work to be done by the Dis- trict at the present time is the construction, acquisition, maintenance and operation of a waterworks and sanitary sewer system for domestic, industrial 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 as a residential subdivision, an adequate waterworks and sanitary sewer system nor an adequate drainage system. The health and welfare of the present and future inhabitants of the area and of territories adjacent thereto require the construction, acquisition, main- tenance 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 pur- chase, construction, extension, improvement, maintenance and operation of such waterworks and sanitary 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 $6,388,000 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 to the creation of the District and authorizing the inclusion of the land described herein within the District. RESPECTFULLY SUBMITTED, this day of 1973. JOHNSON-LOGGINS, INC. B If A, cCAFresident ATTEST., /? secretary (SEAL) EXHIBIT 'A' DENTON COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 1 Description for all that certain tract of land out of the J. Eads Survey, Abstract 392, W. Medlin Survey, _abstract 829, R. Eads Survey, .Abstract 393, J. Sutton Survey, Abstract 1154, J. P. Michael Survey, Abstract 820, and C. Medlin Survey, Abstract 823, Denton County, Texas, and being more particularly described by metes and bounds as follows, BEGINNING at an iron pin in the North right-of-way of State Highway No. 114, said pin being S 680 48' 50" E 2-4/10 feet from a fence corner, said pin also being at the most Westerly Southwest corner of that certain Second Tract conveyed to Rolling Green Co., Inc., by deed recorded in Volume 512, Page 530, Deed :Records, Denton County, Texas; THENCE with the West line of said Tract Two, N 00 15' W 2393-2/10 feet to an iron pin for the Northwest corner of said tract; THENCE with the North line of said Second Tract, as fenced, S 890 50' E 1382-4/10 feet to an iron pin, and N 110 42' E 11-9/10 feet to an iron pin and S 89° .53' E 725-0/10 feet to a point; THENCE departing said Second Tract North line, South 725-0/10 feet to a point; THENCE East 340-0/10 feet to a point; THENCE S 620 30' E 1140-0/10 feet to a point; THENCE N 860 00' E 1050-0/10 feet to a point; THENCE S 510 00' E crossing the line common to said J. Eads and W. Medlin Surveys, 700-0/10 feet to a point, THENCE N 859 56' E 968-0/10 feet to a point; THENCE S 690 00' E 510-0/10 feet to a point; THENCE N 45® 00' E 145-0/10 feet to a point; THENCE S 850 00' E 325-0,/10 feet to a monument marked "E-114"; THENCE N 750 56' E .120--651.100 feet to a monument; Page 1 of 2 pages Page 2 of 2 pages THENCE S 780 13' E crossing the line common to said W. Medlin and J. R. Michael Surveyse 393-9/10 feet to a monument in a fence; THENCE N 33° 42' E 299-1/10 feet to a monument; THENCE S 730 37' E 958-2%10 feet to a monument; THENCE S 90 39' E 221-55/140 feet to a monument marked "E-109"; THENCE S 2811 44' W crossing the lane common to said J. R. Michael and C. Medlin Surveys, 1135-2/10 feet to a point; THENCE S 00 11' E 530-0/10 feet to a. point in the North line of Medlin Road; THENCE with said North line, S 850 26' 30" W 560-0/10 feet to a point; THENCE departing said North line, S 1011 26' 30" w 410-0/10 feet to a point; THENCE S 200 56' 30" W 500-0110 feet to a point; THENCE S 380 26' 30" W 510-0110 feet to a point; THENCE S 19° 42' W 526-4/10 feet to a point in the North right- of-way of State Highway No. 1.14; THENCE with said North right-of-way, N 681 48' 50" W crossing the line common to said C. Medlin and J. Sutton Surveys, at 5196.7/10 feet an iron pin on the line common to said J. Sutton and R. Eads Surveys, and at 6701-1/10 feet an iron pin on the line common to said R. Eads and J. Eads Surveys, in all 7396-8110 feet to the place of beginning, containing some 532-34/100 acres of land. SEMPCO, INC. August 1, 1973 1467 (Compiled from records.) EXHIBIT "B" (a) Bonds may 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 parts of such systems or facilities, and to make any and all necessary purchases, constructions, improvements, ex- tensions, additions and repairs thereto, and to purchase or acquire all necessary land, rights-of-way easements, sites, equipment, buildings, plants, structures and facili- ties 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 discount or premium as well as the interest rate borne by such bonds, shall not exceed two percent (2%) above the highest average interest rate re- ported by the Daily Bond Buyer in its weekly "20 Bond Index" during the one-month period preceding 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. The resolution authorizing the issuance of the District's bonds will contain a provi- sion 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. No land will be added or annexed to the District until the Town of Westlake has given its written consent by resolution of the Board of Aldermen to such addition or annexation. (b) The District, its directors, officers, or the developers and landowners shall submit to the appropriate official of the Town of Westlake before the commencement of any construction within the District all plans and specifications for the construction of water, sanitary sewer and drainage facilities to serve such District and obtain the approval of such plans and specifications. Such plans and specifications will, to the extent economically feasible, provide for the future development of the areas adjacent to the District. The construction of such facilities shall be in accordance with the approved plans and specifications. All water wells, water meters, flush valves, valves, pipes and appurtenances, and all water service lines and sewer service lines, lift stations, sewer treatment facilities, and appurtenances thereto, installed or used within the District shall comply with the Town of Westlake's Building Code. Prior to the construction of such facilities within the District, the District, or its engineer, shall give written notice by registered or certified mail to the appropriate official of the Town of Westlake, stating the date that such con- struction will be commenced. During the progress of the construction and installation of such facilities, such official may make periodic on -the -ground inspections. (c) The District will agree to employ a sewage plant operator holding a valid certificate of competency issued under the direction of the Texas State Health Department as required by Section 20(a) of Article 4477-1, Vernon's Texas Civil Statutes. The District will agree to make periodic analyses of its discharge pursuant to the provi- sions of Texas Water Quality Board Order No. 69-12191 and further will agree to send copies of all such effluent data to the appropriate official of the Town of Westlake, as well as to the Texas Water Quality Board. The District will agree that representatives of the Town of Westlake may supervise the continued operations of the sewage treatment facility by making periodic inspections thereof. (d) 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 obtained the approval of the appropriate official of the Town of Westlake to a plat which has been duly recorded in the Map and Plat Records of Denton County, Texas, and has otherwise complied with the rules and regu- lations of the Town of Westlake. (e) Within a reasonable time upon receiving notice from the Town of Westlake, the District shall, to the extent that excess capacity is available, provide the Town with sewage treatment services at a charge equal to the District's cost in providing such services. The "District's cost" shall include the cost of the capital expenditures and the maintenance and operation expenses attributable to the capacity provided. In the event such excess capacity is not available, the District will use its best efforts in providing such capacity. (f) In the event that the water supply source of the District is a surface reservoir and/or is provided the District pursuant to a water supply agreement with a city or other political subdivision and within a reasonable time upon receiving notice from the Town of Westlake, the District shall, to the extent that excess capacity is available, provide the Town with water supply services at a charge equal to the District's cost in providing such services. The "District's cost" shall include the cost of the capital expenditures and the maintenance and operation expenses attributable to the capacity provided. In the event such excess capacity is not available, the District will use its best efforts in providing such capacity. (g) The District shall comply with the subdivision ordinance, building codes, fee schedules, zoning ordinance and other rules and regulations of the Town of Westlake. Town Secretary of the Town of Westlake, Texas, do hereby certify that the within and foregoing is a true and correct copy of Ordinance No. passed by the Board of Aldermen and approved by the Mayor of said Town on the / day of ef,. ..F , 1973 as the same appears in the records in my office. WITNESS my hand and the Seal of said Town this day of f Town Secretary"of the Town of Westlake