Loading...
Ord 97 Amending an Agreement with Denton County Municipal Utlity District 1Ordinance 97 AN ORDINANCE AMENDING ORDINANCE NO. 88 AND AUTHORIZING THE AMENDMENT OF THE TOWN OF WESTLAKE'S AGREEMENT WITH DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 WHEREAS, by Ordinance No. 88, the Town of Westlake consented to the inclusion of certain land in Denton County Municipal Utility District No. 1 subject to the terms and conditions set forth in Exhibit "B" attached to said petition; and WHEREAS, it has been determined that certain conditions contained therein concerning the sale of bonds by the District will impair the District's ability to issue its bonds; and. WHEREAS, the amendment of certain terms and conditions contained in Ordinance No. 88 and in the District's agreement with the Town of Westlake will benefit both the District and the Town of Westlake by allowing the orderly development of the'land included in said District to continue and thus 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. That the terms and conditions set forth both in Ordinance No. 88 and in the District's agreement with the Town of Westlake are hereby amended, and the new terms and conditions to be substituted therefor are set forth in Exhibit "A" attached hereto. Section 4. That this Ordinance shall be passed on this the / day of %.,. ,A.D. , 1976, and shall take effect immediately upon its passage and approval by the Mayor. PASSED this 3l � APPROVED this 545 day of%L�Crd A.D., 1976. day of ,;,Ca',o+.ec,*e , A.D. , 1976. A OR of the Town of Westlake OVED : Town Attorney EXHIBIT "A" (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, exten- sions, additions and repairs thereto, and to purchase or acquire.a.11 necessary land, rights--of--way easements, sites, equipment, buildings, plants, structures and facilities there- for, and to operate and maintain same, and to sell water, sani- tary 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) an- niversary of the date of issuance without premium., and shall only be sold after the taking of public bids therefor. The resolution authorizing the issuance of the District's bonds. will contain a provision that the pledge of the revenues from the operation of the District's water and sewer and/or drain- age system to the payment of the District's bonds will ter- minate 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 un- der 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 provisions 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, as well as to the Texas Wa- ter Quality Board. The District will agree that representa- tives of the Town of Westlake may supervise the continued operations of the sewage treatment facility by making peri- odic 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 Dis- trict 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 ha -,s been duly recorded in the map and plat records of Denton County, Texas, and has otherwise com- plied with the rules and regulations of the Town of Westlake. Town Secretary of the Town of Westlake, Te3(as, do certify that the within and foregoing is a true and correct copy of Ordinance No. passed by the Board of Aldermen and approved by the Mayor of said Town on theday of 6, as the same Z-' 197 appears in the records of my office. WITNESS MY HAND AND SEAL of the said Town this day of 1976. Town Secretary of the Town of Westlake THE STATE OF TEXAS COUNTY OF DENTON WHEREAS, on the 24th day of April, 1975, the Board of Directors of Denton County Municipal Utility District No. 1 authorized an agreement with'the Town of Westlake; and WHEREAS,.the Board of Directors of the District and the Board of Aldermen of the Town of Westlake desire to amend said agreement; NOW THEREFORE, the. District hereby expressly covenants and agrees to abide by the terms and conditions set forth in Exhibit "A" which is attached hereto and incorporated herein for all purposes, such terms and conditions to supercede those contained in the April 24, 1975, Agreement and Ordinance No. 88 of the Town of Westlake, Texas. WITNESS OUR HANDS this 29th day of March, 1976. DENTON COUNTY MUNICIPAL UTILITY DIST$1-CT NO. 'il Pz'esident ,I Board of Directors De ton County Municipal Utility District No. 1 ATTEST: Secretary, Board of Directors Denton County Municipal Utility District No. 1 (SEAL) APPROVED and ACCEPTED. BY THE TOWN OF WESTLAKE, TEXAS By '74ayor ATTEST: By Tit771ce „I� (SEAL) EXHIBIT "A" (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, exten- sions, additions and repairs thereto, and to purchase or acquire all necessary land, rights-of-way easements, sites, equipment, buildings, plants, structures and facilities 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. The resolution authorizing the issuance of the District's bonds will contain a provision that the pledge of the x°evenues 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 provisions 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, 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 Dis- trict 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 com- plied with the rules and regulations of the Town of Westlake.