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Ord 82 Granting a petition for inclusion of certain land in Denton County Municipal Utlity District 1ORDINANCE NO. 82 AN ORDINANCE GRANTING A PETITION FOR THE INCLUSION OF CERTAIN LAND IN DENTON COUNTY MUNCIPAL UTILITY DISTRICT NO. 1 WHEREAS, a petition requesting the Town of Westlake's consent that certain land be,included in Denton County Muni- cipal Utility District No. l 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 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 con- sent that certain land be included in Denton County Municipal Utility District No. I. Such petition is hereby granted, subject to the terms and conditions set forth therein. Section 4. This ordinance shall be passed on this the day of A.D., 1974, and shall take effect r'r immediately upon its passage and approval by the Mayor. PASSED THIS / 7' day of / _ A.D. 1974. �c v�2�L„ r APPROVED THIS day of A.D. 1974. (i APPROVED: TOWN ATTORNEY SEAL YOR of the Tbwn of Westlake o -7-,E M Page 2 I, WANDA G. WHITE, 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. Z passed by the Town's f7�� ZL /✓� Board of Aldermen and approved by the Mayor, of said Town on the �6 71 day of ,�� / 1974, as the same appears in the records in my office. WITNESS MY/ HAND and the Seal of said Town this / / (Wday of1974. F> 71 z WANDA G. WHITD,, T�ecretary of the Town of Westlake, Texas E X H I B I T 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 950 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 (20) 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 or 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. (b) 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, Exhibit "B" Page 2 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. (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 map and plat records of Denton County, Texas, and has otherwise complied with the rules and regulations of the Town of Westlake. June 19, 1974 EXHIBIT e e 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, J. Sutton Survey, Abstract 1154, J. R. Michael Survey, Abstract 820, and C. Medlin Survey, Abstract 823, M. Medlin Survey, Abstract 832, John R. Mitchell Survey, Abstract 821, W. H. Pea Survey, Abstract 104.5. J. Henry Survey, Abstract 528, and W. Medlin Survey® Abstract 15880 Denton County® Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron rod in the North right-of-way line of State Highway No. 114, said rod bears S 680 48' 50" E 4248-7/10 feet from the most Westerly Southwest corner of that certain Second Tract conveyed to Rolling Green Co., Inc., by deed recorded in Volume 5120 Page 530, Deed Records, Denton County, Texas; THENCE departing said North line, N 010 03' E 314-9/10 feet to an iron rod, North 80-0/10 feet to a pointe N 370 40' E 390-0/10 feet to a point; N 080 53' W 162-0/10 feet to a point; N 450 00' E 520-0/10 feet to a point; North crossing Medlin Road, .190-0/10 feet to a point; N 320 16' W 225-0/10 feet to a point; N 200 33' E 171-0/10 feet to a points N 520 08' E 342-0/10 feet to a point, N 250 28' E 233-0/10 feet to a points N 450 00' E 290-0/10 feet to a point; N 81° 02' E 385-0/10 feet to a point; East 740-0/10 feet to a points Page 1 of 4 pages M M.U.D. #1 IS 700 07' E Soo-e/lo feet to a point: June 19, 1974 N 380 39' E 411-5/10 feet to a point; S 790 07' E 269-5/10 feet to a point; N 750 56' E passing monument E-114 at 16-1/10 feet, and continuing in all 136-75/100 feet to monument E-113; 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; N 330 42' E 299-1/10 feet to a monument; S 730 37' E 958-2/10 feet to a monument; S 90 39' E 221-55/100 feet to a monument marked "E®109"; N 580 48' E 169-0/10 feet® N 040 35' W 234-0/lo feet; N 860 32' E 306-5/10 feet; N 660 24' E 877-4/lo feet; S 020 54' W 224-0/10 feet; and S 400 00' E 542-25/100 feet to monument E-103; N 190 30' E 250-25/100 feet to monument E«102' N 180 a5' 13" w 51.5-0/10 feet to a point; THENCE departing said U.S.A. Property, N 650 30' E 375-0/10 feet to a point; S 250 45' E 669-5/10 feet to a point; S 180 36' W 730-0/10 feet to a point; S 020 24' E 2237-75/100 feet to a point; S 360 03' E 223-65/100 feet to a point; S 770 22- E 700-0/10 feet to a point; N 840 37- E 2042-6/10 feet to a point; S 360 39' E 684-2/10 feet to a point; N 660 33' E 1464-93/100 feet to a point in the East line of said J. HENRY SURVEY; THENCE, with said East line, South 00 17' 30" W 3465-0/10 feet to an iron rod; Page 3 of 4 pages M.U.D. #1 June 19, 1974 N 8g® 42° W 196-4/10 feet to an iron rods S 030 07' W 54-8/10 feet to a point on the approximate couni line between t a. Y Tarrant Counties; THENCE with said approximate county line, West ?15-0110 feet to a point in the North right-of-way line of State Highway No. 114, said point being on a curve, having a radius of 1959- 0 THENCE Northwesterly with said right-of-way line, and the arc of said curve, to the left, for a distance of 1011-41/100 feet to the end of said. curves THENCE with said North right-of-way line, N 710 03® 20" W 6033-7/10 feet to a point for corner; THENCE continuing with said g a YY i 4188-1/10 feet to the place of beginning, containing some 841-21/100 acres of land. SAVE AND EXCEPT THE i<OLLOWTNG: TRACT 0?\IE All that certain lott tract or parcel of land out of the C. Medlin Abstract • _ same tract of land now M occupied by the MedlinCemetery, and being described by metes and bounds as follows: BEGINNING at a point in the centerline of Medlin Road, at the most Northerly Y of that certain tract conveyed to Henry Seeligsont e.t al in Volume 650, Page 103, Deed Records, Denton Countyq Texaso as occupied on the ground; THENCE with a West lineY • aM . 0 feet 0 y pointY,corner;- THENCE S a 497-85/100 ee Y a point for corner, SoutheastY aforesaid _.. e property; THENCE 760 24' W 0feeto a ofcorner, Southwest corner a. r propertyO and in the common line between N. B. Hunt, Second Tract, Volume 4612, e 362, and Y Y op - - THENCE with the common .. Y^ L. a cemetery property, N 0a a_.y.e o ., point forcorner„ in the centerline of MedlinRoad, the Northeasta of d Second Tracts THENCE with said centerline of Medlin Road, N 850 26, 30" E 1-60-85/100 feet, and S 750 401 15" E 301-05/100 feet to the place of beginningt and containing some 8-134/1000 acres of SieEo18"COp INC. June 194 1974 1467 (Compiled from records®) 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. H. 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 833.08 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 incor- porated city, town or village and no part of the District is within the extraterritorial 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 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. The area lies wholly within the Extraterritorial Jurisdiction of Westlake, Texas. 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 District 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 Page 2 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 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 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, 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, improvement, mainten- ance 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. V II. Petitioner requests consent to the creation of the afore- said District under the conditions set forth in Exhibit "B", which is attached hereto and incorporated herein for all purposes, Page 3 until such time as said conditions may be changed by ordinance or resolu- tion, 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 infor- mation as it has at this time, that the ultimate cost of the development contem- plated will be approximately $10, 829, 000 WHEREFORE, the Petitioner respectfully prays that this petition be heard and that your Honorable Body duly pass and approve an ordinance or resolu- tion granting the consent to the creation of the District and authorizing the inclusion of the land described herein within the District. RESPECTFULLY SUBMITTED, this "1 day of Q mU_ 1974. f, TROPHY CLUB ESTATES By Johnson -Log gins, Inc. Partner BY Vice Pre erft� e� ATTEST: Assistant Secretary (SEAL) PETITION FOR ORGANIZATION OF MUNICIPAL UTILITY DISTRICT THE STATE OF TEXAS § COUNTY OF DENTON § TO THE HONORABLE TEXAS WATER RIGHTS COMMISSION: The undersigned (herein the "Petitioners"), holders of title to lands situated within the territory hereinafter described by metes and bounds, being a majority in value of the holders of title of the land therein, as shown by the tax rolls of Denton County, Texas, acting pursuant to the provisions of Chapter 54, Texas Water- Code, together with all amendments and additions thereto, respectfully petition your Honorable Body f. -;x,° the organization 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. I (herein the "District"). There is no other conservation or reclamation district in Denton County, Texas, with the same name. II. The District shall be created and organized under the terms and provisions of Article XVI, Section 59, of the Constitution of Texas and Chapter 54, Texas Water Code, together with all. amendments and additions thereto, ITT The District shall have all the rights, powers, privi- leges, authority and functions conferred by and be subject to all duties imposed by the Texas Water Code and the general laws relating to municipal utility districts. The District shall contain an area of approximately 835.78 acres of land, more or less, situated wholly within Denton County, Texas. No part of the area within the proposed District is within the limits of any incorporated city, town or village, except a portion of which is within the corporate limits of the Town of Westlake, Texas, and no part of the proposed District is within the extraterritorial ,jurisdiction (as such term is defined by Article 970a, Vernon's 'Texas Civil Statutes) of any city, town, or village, except the Town of 'Westlake, Texas, The Petitioners have secured the consent of the Town of Westlake, Texas, to the creation of the proposed District. All of the territory proposed to be included may be properly 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. TV. Each of the undersigned is the owner of title to land within the proposed District, and, together, are the owners of a majority in. value of the lands, therein, as shown by the Denton County tax rolls. V, The general nature of the work proposed to be done by the District at the present time is the construction, acquisition, maintenance and operation of' a waterworks and sanitary sewer system for domestic, industrial and commer- cial purposes and the construction, acquisition, improve- ment, extension, maintenance and operation of works, improve - meats, facilities, plants, equipment and appliances helpful or necessary to provide more adequate drainage for the District, and to control, abate and amend local storm waters or other harmful excesses of waters, all as more particularly described in an engineer's report filed simultaneously with the filing of this petition, to which reference is hereby made for more detailed description, and such other construc- tion, acquisition, improvement, maintenance, and operation of such additional facilities, systems, plants and enter- prises as shall be consonant with the purposes for which the District is organized. vl There is a necessity for the improvements above described. The territory to be included in said proposed District is urban in nature, is within the port Worth -Dallas metropolitan complex, and will be developed for residential and commercial purposes. There is not available within said area an adequate waterworks or sanitary sewer system, or an adequate drainage system, and the Health, and welfare of the present and future inhabitants of the District and of the areas adjacent thereto require the acquisition and construction of an adequate waterworks system and sanitary sewage collection and disposal system and a drainage system, VII The proposed improvements are feasible and practicable, There is available sufficient supply of water, and the terrain of the territory to be included in the proposed District is of such a nature that a waterworks system and sanitary sewer collection system and sewage disposal plant and drainage improvements can be constructed at a reasonable cost. Vill. A preliminary investigation has been instituted to determine the cost of the project and it is now estimated by those filing this petition, from such information as they have at this time, thaf the cos'. L,f the development contemplated will be approximately $1.1,255,000„ WHEREFORE, Petitioners respectfully pray that this petition be properly filed, as provided by law; that it be set down for hearing at a date to be fixed in keeping with the provisions of Chapter 54, Texas Water Code; and that notice of such hearing be given as provided ther=ein; and such hearing be held and that this petition be in all things granted; and that said proposed municipal utility district be organized and five directors thereof be appointed to serve until their successors are duly elected and qualified; and that such other orders, acts, procedure and relief' be granted as are proper and necessary and appropriate to the purpose of organizing the District and to the execution of the purposes for which the District shall be organized, as your Honorable Body shall deem proper and necessary. RESPECTFULLY SUBMITTED this day of —L-Cx , 1974+ ATTEST: JZAA Assistant Secretary (SEAL) ATTEST: retary (SE JOHNSON-LOGGINS, INC. By t Vice -Preside t '� LIENHOLDER - GIBRALTAR SAVINGS ASSOCIAT / By ;1#1711011,4"', % \Y ;e -President EXHIBIT "A" DENTON COUNTY I;UNICIPAL 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, J. Sutton Survey, Abstract 1154, J. R. Michael Survey, Abstract 820, and C. Medlin Survey, Abstract 823, M. Medlin Survey, Abstract 832, John R. Mitchell Survey, Abstract 821, W. H. Pea Survey, Abstract 1045, J. Henry Survey, Abstract 528, and W. Medlin Survey, Abstract 1588, Denton. County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at an iron rod in the North right -of -c; ay line of State Highway No. 114, said rod bears S 680 48' 50" E 4248-7/10 feet from 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 departing said North line, N 010 03' E 314-9/1.0 feet to an iron rod; North 80-0/10 feet to a point; N 350 40' E 290-0/10 feet to a point; N 080 53' W 162-0/10 feet to a point; N 450 00' E 520-0/10 feet to a point; North crossing Yedlin Road, 190-0/10 feet to a point; N 320 16' W 225-0/10 feet to a point; N 200 33' E 171-0/10 feet to a point; N 52= ✓ 342-1-1/10_eet to a T,oint; N 250 28' E 233-0/10 feet'to a point; N 450 00' E 290-0/10 feet to a point; N 810 02' E 385-0/10 feet to a point; East 740-0/10 feet to a point; Page 1 of 4 pages ; Revised /-_3u-/4 Revised 7-18-74 Page 2 of 4 pages M.U.D. #1 June 19, 1974 S. 700 07' E 500-0/10 feet to a point; N 380 39' E 411-5/10 feet to a point; S 790 07' E 269-5/10 feet to a point; N 750 56' E passing monument E-114 at 16-1/10 feet, and continuing in all 136-75/100 feet to monument E-113; S 780 13' E crossing the line common to said W. Medlin and J. R.-Picha.el Surveys, 393-9/10 feet to a monument in a fence; N 330 42' E 299-1/10 feet to a monument; S 730 37' E 958-2/10 feet to a monument; S 90 39' E 221-55/100 feet to,a monument marked "E-109"; N 580 48' E 169-0/10 feet; N 040 35' w 234-0/10 feet; N 86°32' E 306-5/10 feet; N 660 24' E 877-4/10 feet; S 020 54' W 224-0/10 feet; and S 400 00' E 542-25/100 feet to monument E-103; N 190 30' E 250-25/100 feet to monument E-102' N 18° 05' 13" W 850-8/10 feet to a point; THENCE departing said U.S.A. Property, N 650 30' E 330-2/10 feet to a point; S 250 45' E1003-3/10 feet to a point; S 180 36' W 730-0/10 feet to a point; S 020 24' E 2237-75/100 feet to a point; S 360 03' E 223-65/100 feet to a point: S 770 22' E 700-0/10 feet to a point; N<840 37' E 2042-6/10 feet to a point; S 360 39' E 684-2/10 feet to a point; N 660 33' E 1464-93/100 feet to a point in the East line of said J. HENRY SURVEY; THENCE, with said East line, South 0" 17' 30" til 3465-0/10 feet to an iron rod; Pare 3 of 4 pages, M.U.D. /,E1 June 19, 1974 N 89° 42' w 196-4/10 feet to an iron rod; S 030 07' W 54-8/10 feet to a point on the approximate county line between Denton and Tarrant Counties; THENCE with said approximate county line, West 715-0/10 feet to a point in the North right-of-way line of State Highway No. 114, said point being on a curve, having a radius of 1959- 86/100 feet; THENCE Northwesterly with said right-of-way line, and the arc of said curve, to the left, for a distance of 1011-41/100 feet to the end of said curve; THENCE with said North right-of-way line, N 71° 03' 20" W 6033-7/10 feet to a point for corner; THENCE continuing with said right-of-way line 11 6811 48' 50" W 4188-1/10 feet to the place of beginning, containing some 843-91/100`acres of land. SAVE AND EXCEPT THE FOLLOWING: TRACT ONE All that certain lot, tract or parcel of land out of the C. Medlin Survey, Abstract 823, and being the same tract of land now occupied by the "Iedlin Cemetery, and being more particularly.'; described by metes and 'pounds as follows; BEGINNING at a point in the centerline of B7edlin Road, at the most Northerly Northwest corner of that certain tract conveyed to Henry Secligson, et al in Volume 650, Page 103, Deed Records, Denton County, Texas, as occupied on the ground; THENCE with a West line of said Seeligson tract S 00° 32' E 325-1/10 feet to'a point for corner; THENCE N 790 22' W 33-35/100 feet to a point for corner; THENCE S 00 05' E 497-85/100 feet to a point for corner, the Southeast corner of aforesaid cemetery property; THENCE N 760 24' W 432-7/10 feet to a point for corner, the Southwest corner of the cemetery property, and in the common line between N. B. Hunt, Second Tract, Volume 4612, Page 362, and said Seeligson property; THENCE with the comliiOn line between N. B. Hunt and cemetery property, N 0° 11' W 776-8/10 feet to a point for corner in the centerline of ;Medlin Road, the Northeast corner of said N. B. Hunt, Second Tract; Page 4o 4 pages TFENCE with said centerline of ;iedlin Road, N 85° 26' 30" E 160--85/1.00 feet, and S 75° X10' 15" E 301-05/100 feet to the place of beginning, and containing some 8-134/1000 acres of land. Leaving a net area of some 835-78/100 acres of land. SEiPCO, INC. June 19, 1974 1467 (Compiled from records.) rd.U.D. #1 Revised 7-18-74 Revised 7-30-74 CERTIFICATE THE STATE OF TEXAS § COUNTY OF TRAVIS § I, the undersigned Secretary of the Texas Water Rights Commission, do 'hereby certify that the attached and foregoing is a true and correct copy of the Petition for Organization of Denton County Municipal Utility District No. 1 of Denton County, Texas, which was executed on the 7th day of October, 1974, and filed with the Commission on the 25th day of November 1974. WITNESS MY HAND AND SEAL OF SAID COMMISSION this the 25thday of November 1974. 6� kj"�" G) 11G `'hnQom, Secretary, Texas Water Rights Commission (SEAL) CERTIFICATE THE STATE OF TEXAS § COUNTY OF § I, the undersigned, Secretary for the Town of Westlake, do hereby certify that a copy of the Petition for Organization of Denton County Municipal Utility District No. 1 of Denton County, Texas, was filed in my office on the /a day of 1975 WITNESS MY HAND this the 13 >day of 1975. (SEAL)