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HomeMy WebLinkAboutOrd 196 Abolishing conservation and reclamation district Lake Turner MUD No 2ORDINANCE NO. 1W AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ABOLISHING A CONSERVATION AND RECLAMATION DISTRICT IN TARRANT AND DENTON COUNTIES AND IN THE TOWN OF WESTLAKE AND KNOWN AS LAKE TURNER MUNICIPAL UTILITY DISTRICT NO. 2 OF TARRANT COUNTY AND DENTON COUNTY, TEXAS; FINDING FACTS CONCERNING THE SAME; AND DECLARING AN EMERGENCY. WHEREAS, the Town of Westlake, Texas is a municipality located in Tarrant and Denton counties; and WHEREAS, the State Legislature of Texas passed H.B. Number 2580 in the 70th Legislature relating to the creation of a conservation and reclamation district in Tarrant and Denton counties and known as Lake Turner Municipal Utility District No. 2 of Tarrant County and Denton County, Texas; and WHEREAS, an election confirming the creation of Lake Turner Municipal Utility District No. 2 of Tarrant County and Denton County, Texas, has not been held; and WHEREAS, the Lake Turner Municipal Utility District No. 2 of Tarrant County and Denton County, Texas has not been created in accordance with law; and WHEREAS, the boundaries of the proposed Lake Turner Municipal Utility District is wholly within the incorporated area of the Town of Westlake; and WHEREAS, the Town of Westlake finds that the proposed Lake Turner Municipal Utility District Number 2 of Tarrant County and Denton County, Texas is no longer needed, and that the abolition of the proposed district is in the best interests of the residents and property in the Town of Westlake and the proposed district; and WHEREAS, Section 43.074 of the Local Government Code of the State of Texas provides for the abolition of a municipal utility district wholly within a municipality by that municipality; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, THAT: SECTION 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. CERTIFICATE FOR ORDINANCE ABOLISHING LAKE TURNER MUNICIPAL UTILITY DISTRICT NO. 2 OF TARRANT COUNTY AND DENTON COUNTY TEXAS THE STATE OF TEXAS § COUNTY OF TARRANT § TOWN OF WESTLAKE § I, the undersigned Town Secretary of said Town, hereby certify as follows: 1. That the attached and following is a true, full and correct copy of an ordinance abolishing Lake Turner Municipal Utility District No. 2 of Tarrant County and Denton County, Texas, duly passed by the Board of Aldermen of"said Town at a meeting held at the regular meeting place on the 9th day of March, A.D. 1992, which ordinance has been duly recorded in the Minutes of the Board of Aldermen: 2. The following are the members and officers of said Board of Aldermen: Dale White, Mayor Sherry A. Dudley, Alderman Jerry N. Moore, Alderman Howard Dudley, Alderman Fred Held, Alderman and all said persons were present at the time of passage of said ordinance except the following absentees: Alvin S. Oien 3. That said ordinance was introduced for the consideration of said Board of Aldermen by its presiding officer, and upon motion duly madT and seconded, said ordinance was passed by the following vote: AYES: Four (4) NOES: None (0) 4. That the Town Attorney of said Town has approved said ordinance; that the Mayor and Town Secretary of said Town have duly signed said ordinance; and that said ordinance was duly enacted. SIGNED AND SEALED this a 5-4 day of May, A.D. 1992. �r TOWN/SECREVARY TOWN OF WESTLAKE, TEXAS \373-23.007\005.cer SECTION 2. That the Board of Aldermen of the Town of Westlake, Texas, find that the proposed conservation and reclamation district (municipal utility district) known as Lake Turner Municipal Utility District No. 2 of Tarrant County and Denton County, Texas: 1. Has not held a confirmation and directors election in accordance with Chapter 54 of the Texas Water Code and the provisions of H.B. No. 2580 creating the district; 2. Has been dormant since the Act allowing for its creation became effective; 3. Has not furnished any services or performed any functions; and 4. Has not been created in accordance with the laws of the State of Texas. SECTION 3. Pursuant to Section 43.074 of the Local Government Code of the State of Texas, the Board of Aldermen of the Town of Westlake, Texas find that: 1. That the Lake Turner Municipal Utility District No. 2 of Tarrant County and Denton County, Texas is no longer needed; and 2. That the abolition of Lake Turner Municipal Utility District No. 2 of Tarrant County and Denton County, Texas is in the best interests of the residents and property in the Town of Westlake and the district. SECTION 4. The Board of Aldermen of the Town of Westlake declare that Lake Turner Municipal Utility District No. 2 of Tarrant County and Denton County, Texas is hereby abolished. SECTION 5. That the Board of Aldermen officially find that it is in the best interests of the municipality and its residents for this ordinance to be iopted immediately and this ordinance shall become effective immcaiately upon its passage and approval by the Board. PASSED AND APPROVED this the — day of March, 1992. White, Mayor Town of Westlake, Texas ATTEST: Ger Whi , Town Secretary To of Westlake, Texas APPROVED AS TO LEGAL FORM: Paul C. Isham, Town Attorney Town of Westlake, Texas \373-23,001\003