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Ord 88 Granting a petition for inclusion of certain land in Denton County Municipal Utlity District 1ORDINANCE NO. 88 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 Muni- cipal Utility District No. 1 has been duly filed with the Board of Aldermen of the Town of Westlake, Texas; and WHEREAS, by Ordinance No. 82, which was duly passed on June 19, 1974, the Board of Aldermen of the Town of Westlake approved a Petition by the undersigned in all respects identi- cal to the Petition attached hereto with the exception that the metes and bounds description contained in Exhibit "A" attached hereto contains a minor change in order to redefine the boun- dary between Denton County Municipal Utility District Number 1 and Denton County Municipal Utility District Number 4; 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. That this ordinance is passed to repeal and stand in the place of the Ordinance No. 82, which Ordinance has a caption identical to this ordinance for the purpose of redefining by metes and bounds the boundary line between Denton County Municipal Utility District Number 1 and Denton County Municipal Utility District Number 4. Section 5. This Ordinance shall be passed on this the 95Rday of A.D., 1974, and shall take effect immediately upon its/O passage and approval by the Mayor. PASSED this /u day of , A.D., 1974. APPROVED this day of A.D., 1974. 4A OR of the Town o' Westlake APPROVED: PAUL C. ISHAM Town Attorney SEAL 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 835. 78 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 Extraterri torial 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. VL 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. V III. 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, 868, 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 18th day of September , 1974. TROPHY CLUB ESTATES By Johnson-Loggins, Inc. Partner 41-4 ell i Vice Presi e V ATTEST: Assistant `Secifetary (SEAL) Revised 7-30-74 Revised 7-18-74 June 19, 1974 EXHIBIT 'A' DE"ti'TON COUNTY MUNiCTDAL 'JTILIxTY DISTRICT ?UMBER 1 Description for all that certain tract of land out of the J. Eads Survey, Abstract 392, W. Medlin Survey, Abstract 929, 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 8210 W. If. Pea Survey, Abstract 1,045, 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-way line of State Highway No. 114, said rod bears S 689 48® 50" E 4248-7/10 feet from the most Westerly Southwest earner of that certain. Second Tract conveyed to Rolling Green Co., !no,, by deed recorded in Volume 5120 Nage 530, Deed Records, Denton County, Texas; I'IiENGE departing said North line, N 019 03' E 314-9/10 feet to an iron rod; North 80-0/10 feet'td a, point; N 359 40' E 290-0/10 feet to a point; N 080 53' w 162-0/10 feet to a point, N 459 00° E 520-0/10 feet to a point; :dearth crossing Medlin Road, 190-0/10 feet to a. point, N 329 161 W 225-0/10 feet to a point; N 209 33' E 171-0%10 feet to a point; N 529 08® E 342-09/10 feet to a point; N 259 28' E 233-0/10 feet to a point; N 459 00' E 290-0/10 feet to a paint; N 81.9 02° E 385-0/10 feet to a paint, East 740.0/10 feet to a point; page 1 of 4 pages 1�CVI.SCU /-Jv-/•t Revised 7-18-74 Page 2 of 4 pages .U.D. #1 June 19, 1974 S 700 07' E 500-0110 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 16-1/1.0 feet, and continuing in all 136-75/100 feet to monument E'-113; S 7811 13' E crossing the line common to said W. Medlin and J. R.,Ylichael 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 04° 3.5' W 234-0/10 feet; Iii 860 32' E 306-5/10 feet; N 660 24' E 877-4/20 feet; S 020 54' W 224_0/lo 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-1032' N 18G 05' 13" W 850-8,x'10 feet to a points THENCE departing said U.S.A. Property, N 65® 3€3' E 330-2/1.0 feet to a point; S 250 45' 1003-3/10 feet to a point; S 180 36' W 730-0/10 feet to a point; 5 020 24' E 22.37-75/100 feet to a points S 360 03' E 223-65/100 feet to a points S 770 22' E 700-0/10 feet to a point; N 84® 37' E 2042-6/10 feet to a paint€ S 36* 39' E 684-2/10 feet to a paint; N 660 33' E 1464-93/100 feet to a paint in the East lane of said T. FERRY SURVEY; TFENCE, with said East line, South 0' 17' 30" W 3465-0/10 feet to an iron rod€ Revised '/-18-'/4 Page 3 of 4 pages M.U.D, #1 June 19, 1974 N &g® 42° w 196-4/10 feet to an iron rods approximateS 03* 071 W 54-8/10 feet -to a point on the line between Denton and Tarrant Counties; THENCE with said approximate county lines 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, naving a radius of 1959- 86/100 feet; THENCE Northwesterly with said right-of-way lines and the as of said curves to the left, for a distance of 1011-41/100 feet to the end of said curvet I 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 N 68' 48' 50"M 4188-1/10 feet to the place of beginning, containing some 843-91/100 acres of land. SAVE AND EXCEPT TIS; FOLLOWING: TRACT €3I All that certain lots tract or parcel of . out of the C. Medlin Survey, Abstract 823j 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 Seeligsonp et al in Volume 650, Page 103, Deed ground;Denton County# Texas* as occupied on the THENCE with a West line of said Seeligson tract S 00" 32' E 325-1/10 feet to a point for corner; THENCE N 79® 22° W 33-35/100 feet to a point fon cornea; THENCE S 0* 05' E 497-85/100 feet to a point for property;Southeast corner of aforesaid cemetery THENCE N 760 24' W 432-7/10 feet toao ♦ .+ Southwestof the cemetery property# and in t nZE line between N. Bo Hunts Second Tract, volume 46120 Page 36 # said Seeligson property; THENCE with the common line between N, B. Hunt and cemetery property, N O* 11` W 776-5/10 feet to a point for corner in the centerline of Medlin Road, the Northeast corner of said N. B. Hunt, Second. Tracts Page 4 of 4 pages TIENCE with said centerline of Medlin Road, N 851 26' 30" E 160-8.5/100 feet, and S 751 40® 15" E 301-051100 feet to the dace of beginning, and containing some 8-134/1000 acres of land. Leaving a net area of some 835-78/100 acres of land. SEMPCO, INC. June l9® 1974 1467 (Compiled from records.) M.L.O. #1 Revised 7-18-74 Revised 7-30-74 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 Teras 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. I, WANDA G. WHITE, Town Secretary of the Town of Westlake, Texas, do hereby certify that the attached Ordinance No. r1p was duly passed by the Town's Board of Aldermen and approved by the Mayor of the Town of Westlake on the 1j day of 197 WITNESS MY HAND AND THE SEAL OF SAID TOWN this day 1974. i WANDA G. WHITE, Town Secretary of the Town of Westlake, Texas