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Ord 83 Granting a petition for inclusion of certain land in Denton County Municipal Utlity District 2ORDINANCE NO. 83 AN ORDINANCE GRANTING A PETITION FOR THE INCLUSION OF CERTAIN LAND IN DENTON COUNTY MUNCIPAL UTILITY DISTRICT NO 2 WHEREAS, a petition requesting the Town of Westlake's consent that certain land be included in Denton County Muni- cipal 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 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. 2. 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 immediately upon its passage and approval by the Mayor. PASSED THIS day of �Lc-6 Z/ A.D. 1974. APPROVED THIS day of A.D. 1974. APP-ROVED: TOWN ATTORNEY SEAL MAYOR of the Town of Westlake /f�i e 74 U 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. passed by the Town's ✓ 06 f i`M Board of Aldermen and approved by the Mayo of said Town on the day of 1974, as the same appears in the records in my office. WITNESS MY HAND and the Seal of said Town this %� day o of z `% 1974. �j c. WANDA G. WHITS, Town Secretary of the Town of Westlake, Texas 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. 2. 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 702. 74 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 $9,113, 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 I day of 1974. r TROPHY CLUB ESTATES By Johnson -Log gins, Inc. Partner Vice Presfde ATTEST: 1 "t Assistant Secretary (SEAL) June 19, 1974 EXHIBIT o e DENTON COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 2 Description r of .! out of the T. Kelly Survey, Abstract 704, J. Henry Survey, Abstract 529, T. H. Callaway Surveys Abstract 272, R. Allen Survey, Abstract 17t J. Eads Surveys Abstract 392, and W. Medlin Survey, Abstract 829, R. Eads Surveys Abstract 393, and J. Sutton Survey, Abstract 1154, Denton County, Texas and being more particularly described by metes and bounds HenryBEGINNING at an iron pipe in a fence on the survey line common to said J. and J. Eads Surveys,.. ♦ point being Southwest of that certain nineteenth tract conveyed to Nelson Bunker Hunt by deed recorded in volume 4612, Page 'z62, Deed Records, Denton County, Texas; THE'N'CE with the ':test lane of said Hunt tract, and a fence, N 10 25' 30" E 2636-3/10 feet to an iron pin in the fenced South line of Marshall Creek Road, for the Northwest corner of said Hunt tract; THENCE with said South right-of-way and the North line of said Hunt tract, S 890 54' E 9 . a point; T?ENCE departing said South line, N 0° 48' 30" E crossing the line common to said J. Henry and T. Kelly Surveys, and at 42-5/10 feet an iron pin, and with a fence, in all 2201-4/10 feet to an iron rein; THENCE with a fence S 890 53' E 621-7/10 feet to an iron pipe on the line common to said T. Kelly and T. H. Callaway Surveys; THENCE with said common survey line and a fence, N 0® 18' E 914-3/10 feet to monument no. F540-1 in a South line of U.S.A. property; THENCE departing said survey line and with the said U.S.A. property line, the following: S 41® 51' E 408-65/100 feet to a monument; S 43® 39' E 777-9/10 feet to a monument; S 580 41' W 253-85/100 feet to a monument; S 60® 51' E 643-1/10 feet to an iron pint Page 2 of 3 pages m.U.D. #2 June 19, 1974 S 490 27' E 492-85/100 feet to an iron pipes S 140 19' W 150-9/10 feet to a monument; S 270 35' W 402-05/100 feet to a monuments N 65® 31' E 186-7/10 feet to a point; THENCE departing said U.S.A. property line, South, crossing the line common to said T. H. Callaway, and J. Henry Surveys, 3100-0/10 feet to a point; THENCE S 60° 47' E, crossing the line common.to.said J. Henry, and R. Allen Surveys, and the line common to said R. Allen, and W. Medlin Surveys, 1925-9/10 feet to a point in the East line of that certain tract described as first tract and conveyed to Rolling Green Co., Inc., in Volume 512, Page 530, Deed Records, Denton County, Texas; THENCE with said East line, South 000 02' W 1100-0/10 feet to a point; THENCE, generally following the meanders of a creek, N 790 07' W 269-5/10 feet to a point; S 380 39' W 411-5/10 feet to a point; N 700 07' W 500-0/10 feet to a point; ";West 740-0/10 feet to a point; S 810 02' W 385-0/10 feet to a point; S 450 00' W 290-0/10 feet to a point; S 25® 28' W 233-0/10 feet to a point; S 52® 08' W 342-0/10 feet to a point; S 20® 33' W 171-0/10 feet to a point; S 320 16' E 225-0/10 feet to a point; South 190-0/10 feet to a point; S 45® 00' W 520-0/10 feet to a point; S 80 53' E 162-0/10 feet to a points S 3S® 4o' W 290-0/10 feet to a point; South 80-0/10 feet to an iron rod; S 010 03' W 314-9/10 feet to an iron rod in the North right- of-way line of State Highway No. 1141 Page 3 of 3 pages THENCE with said North right-of-way line, N 68® 48' 50`° w 4248-7/10 feet to an iron rod for corners THENCE departing said highway, N 0° 15' w 2393-2/10 feet to an iron rod in the South line of a county roads S 89® 50' E 1382-4/10 feet to an iron rods N 11® 42' E 11-9/10 feet to an iron rods and S 890 53' E with the _. ♦ common line to said J. Bads,and j. Henry Surveyst 1257-4/10 feet to ._. place of containing some 01 acres of d, SEMPCO, INC. ,Tune 19, 1974 1467 (Compiled from records) M,U,D, #2 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 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 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 anal/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.