Loading...
Ord 89 Granting a petition for inclusion of certain land in Denton County Municipal Utlity District 4ORDINANCE NO. 89 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 Muni- cipal Utility District No. 4 has been duly filed with the Board of Aldermen of the Town of Westlake, Texas; and WHEREAS, by Ordinance No. 85, 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. 4. 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. 85, 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 day of A.D., 1974, and shall take effect immediately upon its passage and approval by the Mayor. AX PASSED this /� ada of A.D., 1974. APPROVED this oW da f Y © .D., 1974. MAYOR of the Town o Westlake APPROVED PAUL C. ISHAM Town Attorney SEAL PETITION FOR CONSENT TO THE CRFATION 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. 4. 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 466. 93 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 Z operation of a drainage system to gather, conduct, divert and control local storm water or other local harmful excesses of water in the District, R 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 land 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 operat ion 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 water and the public health and welfare of the community. 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 $b, 071, 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 - 1 x._ ,•Q.1, Vice Presidefit ATTEST: As sistant 'Se cxtetary (SEAL) Revised 7-18-74 JurFe 19, 1974 EXHIBIT 'A' DENTON COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 4 All that certain tract of land out of the M. Medlin, Abstract 832, John r. Mitchell (J. R. Michael), Abstract 821, and J. Henry, Abstract 528, Surveys, Denten County, Texas, beim more particularly described by metes and bounds as follows: BEGINNING at a point in a fence, and the East line of said J. Henry Survey, Abstract 528, at a point which bears S 00 17' 30" E 375-0/10 feet from the Southeast corner of that certain tract conveyed to R. J. Cyphers, et ux, by a deed recorded in Volume 410, Page 525. Deed records of Denton County, Texas: THENCE departing said East line, S 66® 33' w 1464-93/100 feet to a point; N 360 39' W 684-2/1.0 feet to a point; S 84® 37' W crossing the line common to said J. Henry, and John R. Mitchell Surveys, 2042-6/10 feet to a point: N 77i0 22' W 700-0/10 feet to a point: N 360 03' W 223-65/100 feet to a point; N 20 24' W 2237-75/100 feet to a point; N 180 36' E 730-0/10 feet to a paint; N 250 45' W1003-3/10 feet to a point; S 650 30' W 330-2/10 feet to a point, on the U.S.A. property line; THENCE with said U.S.A. property line, N 18° 05' 13" W 150-0/10 feet to monument E-101; N 290 10' E 556-4/10 feet to a monument; N 89° 33' 30" E 1748-5/10 feet to a monument; S 10° 12' E 1203-1/14 feet to a monument; Page 1 of 3 pages itevisea i-io- t4 Page 2 of 3 pages M.U.D. #4 June 19, I-974 N 280 59' E 1362-4/19 feet to a point; N 890 29' 30" E 626-0/10 feet to a broken monument; S 010 04' E 493-95/100 feet to a monument; N 880 57' E 324-6/lo feet to a broken monument; N 110 45' E 501-5/10 feet to an iron rod; N 890 07' E 289-3/10 feet to an iron rod; N 890 38' 30" E 362-8/lo feet to an iron rod; N 89° 17' E 606-4/10 feet to a point in the gest line of a Public Road; THENCE with the 'Nest line of said Public Road, S o° 09' E 55-35f100 feet to a point for corner, on a U.S.A. property line; THENCE with said U.S.A. property line: S 56'0 48' W 582-7/10 feet to a broken monument; S 000 01' E 150-01100 feet to a broken monument; S 30° 02' 30" W 284-45/100 feet to an iron rods S 00 04' W 586-0/l0 feet to an iron rod; S B90 35' 30" E 657-75/100 feet to a point in the centerline of a Public Road, and the East line of aforesaid M. Medlin Survey; THENCE with said centerline and the East line of said M. Medlin and J. Henry Surveys, S 00 08' 50" E 2737-0/10 feet to a point; THENCE departing said road S o° 17' 30" W 375-0/10 feet to the place of beginning, containing some 467-93/100 acres of land. SAVE AND EXCEPT THE FOLLOWING: 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 352, Page 538, and Volume 354, Page 256, Deed Records of Denton County, Texas, in the North line of Medlin Road, 20-0/10 feet from its center; Page 3 of 3 pages THENCE along; the North line of Medlin Road 20 feet from and parallel with its center, N 894 51' 30" W 209-0/10 feet to a point for the Southwest corner of the tract herein described.; THENCE N 00 31' 30" E 209-4/10 feet to a point for the Northwest corner of the Venable tract= THENCE S 890 51' 30" E 209-4/10 feet to a point in the East line of the Hazel i. Gray tract for the Northeast Corner of the Venable tracts THENCE with the East line of the Hazel I. Gray tract S 0° 31' 30" W 209-0/10 feet to the place of beginning, containing in all some 1-0/l0 acres of land. Leaving a net area of some 466-93/100 acres of land. SEYIPCO, INC. June 199 1974 1467 (Compiled from records.) YI.H.D. #4 Revised 7-18--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 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 (2a) 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.