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Ord 59 Granting a Petition for the inclusion of certain land in Denton County Municipal Utlity District 4ORDINANCE NO. 59 AN ORDINANCE GRANTING A PETITION FOR THE INCLUSION OF CERTAIN LAND IN DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 4; WHEREAS, a petition requesting the Town of Westlake's consent that certain land be included in Denton County Municipal Utility District No. 4 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 gown 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 correct. Section 20 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 Distract No. 4. Such petition is hereby granted, subject to the terms and conditions set forth therein. Section 4. This ordinance shall be passed on this the t2 day of Li � c..c � , A.D. 1973, and shall take effect immediately upon its passage and approval by the Mayor. PASSED this APPROVED this APPROVED: Town Attorney r�day of A.D. 1973. / - day of A.D. 1973 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: Ie The name of the proposed District shall be DENTON COUNTY MUNICIPAL 'UTILITY DISTRICT NO, 40 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 Distract shall contain an area of approximately 368.83 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 Districtd 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 purposeso 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 systema 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. VIZ. 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 $4,426,000. 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 r 11d day of , 1973° JOHNSON-LOGGiNS, INC. President V61 ATTEST >secretary (SEAL) EXHIBIT 'A' DENTON COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 4 All that certain tract of land out of the M. Medlin, Abstract 832, J. Henry, Abstract 528, and John R. Mitchell (J.R. Michael), Abstract 821, Surveys, Denton County, Texas, being more particularly described by metes and bounds as follows: BEGINNING at a point in the centerline of a public road, and the East line of the said J. Henry Survey at a point which bears S 00 08' 30" E 305-1/10 feet from the Northeast corner of said J. Henry Survey; THENCE departing said public road and East line of said survey, S 890 43' W 619-4/10 feet to a point for corner; THENCE S 460 38' 30" W 1000-0/10 feet to a point for corner; THENCE S 270 08' 30" W 440-0/10 feet to a point for corner in the centerline of Medlin Road; THENCE with the said centerline of Medlin Road, N 890 51' 30" W 2143-1/10 feet to a point in said Medlin Road; THENCE continuing with said centerline, North 76° 52' 55" W 588-25/100 feet to a point for corner; THENCE N 00 17' E 22-1/10 feet to a point for corner, in the North line of Medlin Road; THENCE with the North lane of said Medlin Road, N 760 52' 55" W 435-0/10 feet to a point for corner, THENCE departing said North line of Medlin Road, N 030 29' 35' E 792-6/10 feet to a point for corner; THENCE N 060 30' W 1020-0/10 feet to a point for corner; THENCE N 400 00' W 410-0/10 feet to a point for corner in a South line of the U.S.A. property, at Monument No. E-103; THENCE with said U.S.A. property linea N 190 30' E 250-25/100 feet; N 180 05' 13" W 1000-8/10 feet; Page 1 of 4 pages Page 2 of 4 pages N 290 10' E 556-4/1.0 feet; N 890 33' 30" E 1748-5/10 feet; S 100 121 E 1203-1/10 feet; N 28" 594 E 1362-4/l0 feet; N 8910 29' 30" E 626-0/10 feet; s 010 049 E 493-95/100 feet; N 88® 57' E 324-6/10 feet; N 110 45# E 501-5/10 feet; N 890 07' E 289-3/10 feet; IN 890 38' 30" F, 362-8/10 feet; N 89® 17' E 606-4/10 feet to a point in the West line of a public road; THENCE with the West line of said public road, S 00 09* E 55-351100 feet to a point for corner, on a U.S.A. property line; THENCE with said U.S.A. property line: S 560 48' W 582-7/10 feet; S 000 01' E 150-011- feet; and S 880 041 r� 487-8/10 feet to a point in the West line of said public road; THENCE with said West line of a public road S 00 09' E 820-3/10 feet to a point for corner; THENCE S 890 35@ 30" E 25-0/10 feet to a point in the centerline of a public road, and the East line of aforesaid M. Medlin Survey; THENCE with the said centerline, and East line of said M. Medlin and J. Henry Surveys, S 00 08' 50" E 1652-0/10 feet to the place of beginning, containing in all some 401-99/100 acres of land, SAVE AND EXCEPT THE, FOLLOWING: TRACT ONE All that certain lot, tract or parcel of land out of the John R. Mitchell (J.R. Michael), Abstract 821, and the M. Medlin, Abstract 832, Surveys, Denton County, Texas, being all of that certain tract conveyed to H. J. Gray in Volume 568, Page 119v Deed Records, Denton County, Texas, a portion of that certain 33.455 acre tract conveyed to Jimmie M, Messina and Joe Messina in Volume 604, Page 677, Deed Records, Denton County, Texas, and a portion of that Page 3 of 4 pages certain tract conveyed to Robert L. Roberts in Volume 564, Page 729 Deed Records, Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point in the centerline of Medlin Road., at the Southeast corner sof said Roberts tract, as described in Volume 564, Page 729 Deed Records, menton County, Texas; THENCE N 00 14' 30" E 1150--4/10 feet to a point for corners THENCE S 880 02' 42" w 406-85/100 feet to a, point for corner in said Roberts West lines THENCE N 0° 00' 30 W 745-5/10 feet to a point for corner; THENCE S 890 23' E 559-71/100 feet to a paint for corner; THENCE N 00 30' E 388-94/100 feet to a point in said Messina's North line; THENCE S 890 4,9® E 300-0/10 feet to a. point for corners THENCE S 00 17' 27°" W 903-79/100 feet to a point for corner; THENCE N 89° 53' 30" W 300-0/10 feet to a point for corner in the East line of a 30 foot public road; THENCE S 00 44' W 1ol5-4/10 feet to a point for corner, the Northwest corner of said Gray tract; THENCE S 890 51' 30" E 120-0/10 feet to a paint for corner; THENCE S 00 44' W 383-8/10 feet to a point for corner in the centerline of Medlin Road; THENCE with said centerline N 890 51' 30" W 92-5/10 feet to a point for corner; THENCE continuing with said centerline, N 760 52' 55" W 17o-45/100 feet to the place of beginning, and containing in all, some 20-56/100 acres of land, TRACT TWO All that certain lot, tract or parcel of land out of the M. Medlin Survey, Abstract 8320 Denton County, Texas, being a portion of that certain tract conveyed to Larry W. Carr and wife in Volume 662, Page 604, Deed records, Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point in the West line of a. public road, and 25-0/10 feet West of the East line of said M. Medlin Survey, at a point which bears N 01 08' 50" W 1346-9/10 .feet, and N 89° 35' 30"W 25-0/10 feet from the Southeast corner of said Medlin Survey; Page 4 of 4 pages THENCE N 89® 3$' 30" W 632-8/10 feet to a point for corners THENCE North 586-0/10 feet to a point for corner; THENCE N 30® 028 30" E 284-45/100 feet to a point for corner; THENCE S 880 04' E 487-8/10 feet to a point for corner in said West line of a public road; THENCE with said West line, S 00 09' E 820-3/110 feet to the place of beginning, and containing some 11-598/1000 acres of land, TRACT THREE All that certain lot, tract or parcel of land in the John R. Mitchell Survey, Abstract 821, (J,R, Michael), Denton County, Texas, being that certain tract conveyed to James A. Venable and wife Paula Venable in a deed recorded in volume 397, Page 548, Deed Records of Denton County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point in the East line of that certain property conveyed to Hazel I. Gray by deeds recorded in Volume 3529 Page 538, and Volume 3549 Page 256, Deed Records of Denton Countyq Texas, in the North line of Medlin Road, 20-0/10 feet from its center; THENCE along the North line of Medlin Road 20 feet from and parallel with its center, N 890 51' 30" W 209-0/10 feet to a point for the Southwest corner of the tract herein described; THENCE N 00 311 30" E 209-0/10 feet to a. point for the Northwest corner of the Venable tract; THENCE S 890 51' 30" E 209-0/10 feet to a point in the East line of the Hazel I. Gray tract for the Northeast corner of the Venable -tract-, THENCE with the East line of the Hazel I. Gray tract S 00 31' 30" W 209-0/10 feet to the place of beginning, containing in all 1-002/1000 acres of land, more or less, including approximately 0-02/100 acre in a utility easement. Leaving a net area of some 368-83/100 acres of land. SEMPCO, INC. August lt 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 a-11 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 1120 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 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) The District shall comply with the subdivision ordinance, building codes, fee schedules, zoning ordinance and other rules and regulations of the Town of Westlake.