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Ord 86 Granting a petition for inclusion of certain land in Denton County Municipal Utlity District 1ORDINANCE NO. 86 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. 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. 1• 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 A.D. 1974. APPROVED THIS / day ofr e f � A.D. 1974. APPROVED: TOWN ATTORNEY SEAL r MAYOR of the Town of Westlake // 12o TL Ii 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. uF)�, passed by the Town's p& TQM Board of Aldermen and approved by the Mayo of said Town on the fT` day of j 1974, as the same appears in the records in my office. WITNESS MY HAND and the Seal of said Town this of ( 1974. J� WANDA G. WHI,'J�, Town Secretary of the Town of Westlake, Texas /I& day 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 2,550.62 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. VII. 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 $33,150,000. WHEREFORE, the Petitioner respectfully prays that this petition be heard and that your Honorable Body duly pass and approve an ordinance or resolu- tion granting the consent to the creation of the District and authorizing the inclusion of the land described herein within the District. RESPECTFULLY SUBMITTED, this 1114 day of r 1974. TROPHY CLUB ESTATES By Johnson -Log gins, Inc. Partner By E �.$:-r. i Vice Presitldyitj` ;i ATTEST: /f �f l Y J rfn Lill' s Assistant Secretary (SEAL) June 19, 1974 EXHIBIT DENTON COUNTY MUNICIPAL UTILITY DISTRICT #1 All that certain lot, tract or parcel of land out of the T. Kelly, Abstract 704, T. H. Callaway, Abstract 272, R. Allen, Abstract 1?, T. J. Allen, Abstract 7, T. J. Allen, Abstract 8, M. Medlin, Abstract 832, R. W. Allen, Abstract 5, J. Henry, Abstract 529, J. Eads, Abstract 392, W. Medlin, Abstract 829, J. R. Michael, Abstract 820, J, Henry, Abstract 528, J. R. Michael, Abstract 821, W. H. Pea, Abstract 1045, C. Medlin, Abstract 823, J. Sutton, Abstract 1154, R. Eads, Abstract 393, and W. Medlin, Abstract 15889 Surveys, all in 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 line of State Highway No. 114, said pin being South 68 degrees 48 minutes 50 seconds East 2-4/10 feet from a fence corner, said pin also being at the most Westerly Southwest corner of the Second Tract of that certain conveyance to Rolling Green Co., Inc. recorded in Volume 512, Page 530, Deed Records of Denton County, Texas; THENCE with the West line of said Second Tract, North 0 degrees 15 minutes West 2393-2/10 feet to an iron pin at the Northwest corner of said tract; THENCE with the North line of said Second Tract, and along or with the North line of said J. Eads Survey, South 89 degrees 50 minutes East 1382-4/10 feet to an iron pin, and North 11 degrees 42 minutes East 11-9/10 feet to an iron pin, and South 89 degrees 53 minutes East 1257-4/10 feet to an iron pin, said pin being at the Southwest corner of the Nineteenth Tract of that certain conveyance to Nelson Bunker Hunt recorded in Volume 4612, Page 362, Deed Records of Denton County, Texas; "HENCE with a West line of said Nineteenth Tract, North 1 degree 25 minutes 30 seconds East 2636-3/10 feet to an iron pin in the South Zine of Marshall Creek Road at the most Westerly Northwest corner of said tract; THENCE with a North line of said tract and the South line of Marshall Creek Road, South 89 degrees 54 minutes East 595-8/10 feet to the most Southerly re-entrant corner on the West line of said tract, which corner is by description, 635 feet West and 20 feet South of the Southeast corner of said T. Kelly Survey; THENCE with a West line of said Nineteenth Tract, North 0 degree 48 minutes 30 seconds East, crossing the line common to said Page 1 of 9 pages Field Notes Pagge 2 of 9 pages M.U.D. #1 June 19, 1974 J. Henry Survey, Abstract 529, and said T. Kelly Survey, at 42-5/10 feet an iron pin in the North line of said Marshall Creek Road, in all 2201-4/10 feet to an iron pin at a Northwest corner of said tract; THENCE with a North line of said tract, South 89 degrees 53 minutes East 621-7/10 feet to an iron pipe at the most Northerly re-entrant corner on the West line of said tract, said pipe being in the line common to said T. Kelly and T. H. Callaway Surveys; =- NCE with a West line of said Nineteenth Tract and said common survey line, North 0 degree 18 minutes East 914-3/10 feet to a U. S. Government concrete monument marked F-540-1 at the most Northerly Northwest corner of said tract; THERNI'CF. with the North line of said tract and the South line of U. S. Government property South 41 degrees 51 minutes East 408-65/100 feet a U. S. Government concrete monument marked F-540-2, South 43 degrees 39 minutes East 777-9/10 feet a U. S. Government concrete monument marked F-540-3. South 58 degrees 41 minutes West 253-85/100 feet a U. S. Government concrete monument marked F-540-4, South 60 degrees 51 minutes East 643-1/10 feet an iron pin, South 49 degrees 27 minutes East 492-85/100 feet a 22 inch iron pipe® South 14 degrees 19 minutes West 150-9/10 feet a U. S. Government concrete monument marked F-540-7, South 27 degrees 35 minutes West 402-05/100 feet a U. S. Government concrete monument marked F-540-8, North 65 degrees 31 minutes East 336-7/10 feet an iron pin, North 31 degrees 14 minutes East 240-5/10 feet a U. S. Government concrete monument marked F-540-10, South 77 degrees 48 minutes East, crossing the common most Southerly East line of said T. H. Callaway Survey and West line of said R. Allen Survey, in all 438-2/10 feet a U. S. Government concrete monument marked F®540-11, and South 75 degrees 10 minutes East 228-65f100 feet to U. S. Government concrete monument marked F-540-12 at the Northeast corner of said Nineteenth Tract, and in the West line of that certain tract conveyed to W. P. McGinnis by a deed recorded in Volume 174, Page 506, Deed Records of Denton County, Texas® THENCE with the West line of said McGinnis Tract, North 0 degree 12 minutes West 329-2/10 feet to a U. S. Government concrete monument marked E-1 at the Northwest corner of the residue of said McGinnis Tract, THENCE with the North line of said residue and the South line of U. S. Government property, South 81 degrees 47 minutes East 930-5/10 feet to a U. S. Government concrete monument marked E-2, South 6 degrees 14 minutes West 449-75/100 feet to a U. S. Government concrete monument marked E-3. North 48 degrees 13 minutes East 675-0/10 feet to a 5/8 inch iron pin, North 89 degrees 43 minutes East 399-9/10 feet to a U. S. Government concrete monument marked E-5, South 42 degrees 01 minute East 500-0/10 feet to a U. S. Government concrete monument marked E-6, North 32 degrees 45 minutes East, crossing the line common Field Notes Page 3 of 9 pages M.U.D. #1 June 19, 1974 to said R. Allen Survey, Abstract 17, and said T. J. Allen Survey, Abstract 7 (such point of crossing being the common Northeast corner of the residue of the W. P. McGinnis tract recorded in Volume 174, Page 506, and the Northwest corner of the residue of the First Tract of the conveyance to May C. McGinnis recorded in Volume 274, Page 563), and continuing with the North line of the residue of the May C. McGinnis First Tract, in all 505-1/10 feet to a U. S. Government concrete monument marked E-7, North 82 degrees 33 minutes East 1179-8/10 feet to a U. S. Government concrete monument marked E-8, North 64 degrees 28 minutes East 949-8/10 feet to a U. S. Government concrete monument marked E-9, and North 21 degrees 50 minutes 30 seconds East, crossing the line common to said T. J. Allen Survey, Abstract 7 and said T. J. Allen Survey, Abstract 8 (which is also the line common to said Yay C. McGinnis First and Second Tracts), in all 1670-1/10 feet to a U. S. Government concrete monument marked E-10 in the East line of said T. J. Allen Survey, Abstract 8, and the East line of said May C. ;McGinnis Second Tract; T"sE SCE with said Survey line and the East line of said May C. ;oGinnis Second Tract, South 0 degrees 38 minutes West, re- crossing the line common to said T. J. Allen Survey, Abstract 8, and said T. J. Allen Survey, Abstract 7, at the Southeast corner of said May C. McGinnis Second Tract, in all 934-1/10 feet to a U. S. Government concrete monument marked E-54; THENCE with a fence South 81 degrees 47 minutes East 129-9/10 feet to Ti. S. Government concrete monument marked E-53, and continuing with the fence, South 81 degrees 49 minutes East 77-7/10 feet to a concrete monument in the West line of a Dublic road and in an East line of said May C. McGinnis First Tract; T?TNCE with said East line and the West line of said road and with a fence, South 2 degrees 32 minutes West 613-3/10 feet to an iron pin at a point where said public road turns East, said point being a re-entrant corner on the East line of said May C. McGinnis First Tracts TtiuPdCE with a North line of said First Tract, across the North- South portion of said road and continuing with the North line of the East-Westportion and with a fence, South 86 degrees 31 minutes cast 184-7/10 feet to a U. S. Government concrete monument marked E-50, and North 89 degrees 51 minutes East 8-1/10 feet to an iron pin at a fence corner at a point where said road turns South, said point being a Northeast corner of said First Tract; TiIEPNCE with the East line of said road, an East line of said First Tract, and with a fence, South 0 degrees 29 minutes East at 1903-0/10 feet an iron pin in concrete, in all 1924-0/10 feet to a point in the South line of said T. J. Allen Survey, Abstract 7 and in the center of Marshall Creek Road, said point being the Southeast corner of said May C. McGinnis First Tract; Field Notes Page 4 of 9 pages M.U.D. i#1 June 19, 1974 TIENCE with the South line of said Survey, the South line of said May c. McGinnis First Tract, and along the center of said road, South 89 degrees 45 minutes 30 seconds ,Nest 1744-7/10 feet to the Northeast corner of said R. W. Allen Survey® Abstract 5s TIENCE with the East line of said R. W. Allen Survey, Abstract 5. South 0 degree 05 minutes East at 42-1/10 feet an iron pin at the most Northerly Northeast corner of that certain tract conveyed to James E, Redman by a deed recorded in Volume 668, Page 465, Deed Records of Denton county, Texas, and continuing with the most Northerly East line of said Redman Tract, in all 594-45/100 feet to a U. S. Government concrete marker marked E-44, and South 0 degree 07 minutes 30 seconds West 1125-3/10 feet to a U. S® Government concrete monument marked E-123® THENCE, departing from the East line of said R. W. Allen Survey, and with the lane common to said Redman tract and U. S. Government property South 49 degrees 02 minutes West 229-55/100 feet to a U, S. Government concrete monument marked E-122, South 34 degrees 35 minutes West 463-8/10 feet to a U. S® Government concrete monument marked E-121, South 9 degrees 59 minutes West 491-8/10 feet to a U. S. Government concrete monument marked E-120, South 39 degrees 54 minutes West, crossing the South line of said R. W. Allen Survey and a North line of said J. R. Michael Survey, Abstract 820, in all 599-25/100 feet to a U. S. Government concrete monument marked E-119® North 86 degrees 30 minutes West 247-75/100 feet to a U. S. Government concrete monument marked E-118, South 14 degrees 50 minutes East 756-5/10 feet to a U. S. Government concrete monument marked E-117, North 79 degrees 17 minutes West 1581-8/10 feet to a U. S. Government concrete monument marked E-116, South 68 degrees 23 minutes West, crossing the line common to said W. Medlin and J. R. Michael, Abstract 820, Surveys, in all 380-9/10 feet to a U. S. Government concrete monument marked E-115. South 1 degree 10 minutes West 341-7/10 feet to a U. S. Government concrete monument marked E-114, North 75 degrees 56 minutes East 120-65/100 feet to a U. S. Government concrete monument marked E-113, South 78 degrees 13 minutes East, re -crossing the line common to said W. Medlin and J. R. Michael, Abstract 8200 Surveys, in all 393-9/10 feet to a U. S. Government concrete monument marked E-112, North 33 degrees 42 minutes East 299-1/10 feet to a U. S. Government concrete monument marked E-111, South 73 degrees 37 minutes East 958-2/10 feet to a U. S. Government concrete monument marked E-110, South 9 degrees 39 minutes East 221-55/100 feet to a U. S. Government concrete monument marked E-1099 North 58 degrees 48 minutes East 169-0/10 feet to a U. S. Government concrete monument marked E-108, North 4 degrees 35 minutes West 234-0/10 feet to a U. S. Government concrete monument marked E-107, North 86 degrees 32 minutes East 306-5/10 feet to a U. S. Government concrete monument marked E-106, North 66 degrees 24 minutes East 877-4/10 feet to a U. S. Government concrete monument marked E-105, South 2 degrees 54 minutes West 224-0/10 feet to a U. S. Government concrete monument marked E-104, South 40 degrees 00 minute East crossing the line common to said M. Medlin and J. R. Michael, Field Notes Page • of • ' pages Two, in all 324-6/10 feet to a broken U. S. Government concrete monument at the Northeast corner of said Tract No. Two, the Southeast corner of said Tract E -402-B; and at, an angle point in the most Northerly West line of that certain tract conveyed to Larry W. Carrand wife, Hazel 0' Neal Carr by _ deed recorded in Volume 662, Page 604, Deed Records of Denton County, Texas; THENCE with i West line of a _ • the East line of said Tract E-402-Bf North 11 degrees 45 minutes East 501-5*1. feet to a steel rod at the common Northwest corner of said Carr Tract and the Northeast corner of said Tract E -402-B; THENCE with the North line of said Carr Tract, North 89 degrees 07 minutes East 910 feet to a steelrod, .. • North 8 degrees 38 minutes 30 seconds East 362-8/10 feet to a steel rod, and North 9 degrees 17 minutes East 606-4 10 feet to the most Northerly Northeasts of a..• Carr Tract in the West,e of a public road, from which a steel rod in the center of said road bears North 89 degrees 17 minutes East 25-0/10 feetj THENCE with the East line of i Carr Tractand the Weste of said roado South 0 degrees 09 minutes East 55-35/100 feet to an angle point in the East line of said Carr Tract in the North Government ..} from which the Northeast THENCEcorner of said Tract E -402-C bears North 56 degrees 48 minutes East 29-8/10 feet; " East line of • and West line of f 0South West 582-7/10 feet to a damaged concrete monument,nt South monument;0 degrees 01 minute East 150-0110 feet to a damaged concrete THENCE departing said tract (E -402-C),• 3! degrees is • • i.:... :•i _... to ...f• and South 0 degrees 04 minutes West 586-0/10 feet to a steel roi at the Southeast corner of that certain tract conveyed to Gordon W. Alexander and wife by deed recorded in Volume 578, Page 492, Deed Recordso Denton Countyt Texas, said rod also being in the North i. that w Eugene Zale in Volume 624, Page 431, Deed Records, Denton County* THENCE with .... NorthofsaidZaleTract, South• degrees 35 minutes 30 seconds East 657-75/100 feet to a steel rod at the Northeast corner of said Zale Tract in said public road, and in the East line ofsaidM. Medlin THENCE with the East line of said Zale Tract, East line * of said Medlin • in said public road, South 0degreei minutes 50 seconds East 1346-9/10 feet to the Southeast corner of • Zale Tract, the Northeast •' of certain Field Notes Page 7 of 9 pages M.U.D. #1 June 19. 1974 and the common Southeast corner of said M. Medlin Survey and the Northeast corner of said J. Henry Survey, Abstract 528; THENCE with the East line of said Cyphers tract, the East line of said J. Henry Survey, and in said public road, South 0 degrees 08 minutes 50 seconds East 1390-1/10 feet to a steel rod at the Southeast corner of said Cyphers Tract and the Northeast corner of that certain tract conveyed to Rolling Green Co., Inc. by a deed recorded in Volume 514, Page 222, Deed Records of Denton County, Texas, at the intersection of said public road with Medlin Road; THENCE with the East line of said Rolling Green Company Tract and the East line of said J. -Henry Survey, South 0 degrees 17 minutes 30 seconds West 3840-0/10 feet to a j inch steel rod at the most Easterly Southeast corner of said Rolling Green Company Tract, which is, by description, the Southeast corner of said J. Henry Survey; THENCE with a South line of said Rolling Green Company Tract, the South line of said J. Henry Survey and a North line of said W. Medlin Survey, Abstract 15880 North 89 degrees 42 minutes West 196-4/10 feet to a steel rod at a re-entrant corner on the East line of said tract; THENCE with an East line of said tract, Southdegrees 07 minutes West 54-8/10 feet to .. point in the approximatecounty to Denton and Tarrant Counties; TiE NCE with said approximate county line, West 715-0/10 feet to a point in the North right-of-way line of State Highway No. 11.4 at the beginning of a curve in said right-of®way line to the left having a radius of 1959-86/100 feet; THENCE with said right-of-way line in a Northwesterly direction around the arc of said curve, crossing the South line of said J. Henry Survey and a North line of said W. Medlin Survey, in all 1011-41/100 feet to a Highway Department monument at the end of said curve; THENCE: - with said degrees Abstract03 minutes 20 seconds Westo crossing the line common to said J. Henry Surveyo r said W. H. Pea Survey, crossing the line common to said W, H. Pea and C. Medlin Surveyst in all 6033-7/10 feet to a steel rod, and North 68 degrees 48 minutes 4 seconds Westo crossingcommon s said land:C, Medlin and J. Sutton Surveys crossing the line common to said J. Sutton and R. Eads Surveys, in all 8436-8/10 feet to the place of beginning, containing in all, some 2559-76/100 acres of land, SAVE AND EXCEPT the following two tracts of Field Notes Page 8 of 9 pages M.U.D. #1 June 19, 1974 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 Medlin Cemetery, and being more particularly described by metes and bounds as follows: BEGINNING at a point in the centerline of Medlin Road, at the most Northerly Northwest corner of that certain tract conveyed to henry Seeligson, et al in Volume 650, Page 103, Deed Records, Denton County, Texas, as occupied on the grounds THENCE with a West line of said Seeligson tract South 00 degrees 32 minutes East 325-1/10 feet to a point for corners THENCE North 79 degrees 22 minutes West 33-35/100 feet to a point for corners THENCE South 0 degrees 05 minutes East 497-85/100 feet to a point for corner, the Southeast corner of aforesaid cemetery propertys THENCE North 76 degrees 24 minutes West 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 common line between N. B. Hunt and cemetery property, North 0 degrees 11 minutes West 776-8/10 feet to a point for corner in the centerline of Medlin Road, the Northeast corner of said N. B. Hunt, Second Tracts THENCE with said centerline of Medlin Road, North 85 degrees 26 minutes 30 seconds East 160-85/100 feet, and South 75 degrees 40 minutes 15 seconds East 301-05/100 feet to the place of beginning, and containing some 8-134/1000 acres of land. All that certain lot, tract or parcel of land in the J. R. Michael Survey, Abstract 821, 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 be deeds recorded in Volume 3520 Page 538, and volume 3549 Page 256, Deed Records of Denton County, Texas, in the North line of Medlin Road, 20-0/10 feet from its centers Field Notes Page 9 of 9 pages THENCE along the North line of Medlin Road 20 feet from and parallel with its center® North 89 degrees 51 minutes 30 seconds 'fest 209®0/10 feet to a point for the Southwest corner of the tract herein described; THENCE North 0 degrees 31 minutes 30 seconds East 209-0/10 feet to a point •r the Northwest corner of e Venable THENCE South 89 degrees 51 minutes 30 seconds East 209-0/10 fee-� to a pointthe East line of m Hazel I. Gray Tract for the Northeast • of the Venable Tract; THENCE with the East eof the 0 Hazelf,Tract degrees 31 minutes 30 seconds West 209-0/10 feet to the place of beginningo containing in all 1-002/1000 acres of land, more • . SEMPCO9 INC. .Tune 19. 1974 1467 (Compiled from records.) M.U.D. #1 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 (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 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.