HomeMy WebLinkAboutOrd 127 Granting petition for inclusion of certain land in Denton County Municipal Utility District 1' � t
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ORDINANCE NO.
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 Municipal Utility
District No. 1 has been duly filed with the Board of Aldermen of
the Town of Westlake, Texas; and
WHEREAS, the Denton County Municipal Utility District No. 1
has provided at its own expense, and now owns,operates and maintains,
facilities for processing and distributing a supply of surface water
and subsurface water, and at the present time is qualified to furnish
and deliver treated water as permitted by the service area defined in
that one certain contract for water service between the City of Fort
Worth, Texas, and the Denton County Municipal Utility District No. 1,
dated on or about March 13, 1979; and
WHEREAS, the Denton County Municipal Utility District No. 1,
hereinafter referred to as "DCMUD #1", on or about May 18, 1982,
acting by and through its duly authorized Board of Directors, ap-
proved a resolution whereby it stated that it would favorably act
upon an application by International Business Machines Corporation
to annex approximately 400 acres of realty located across from the
present geographical boundaries of DCMUD #1 as more particularly
described in the attached Exhibit 1, if and when International
Business Machines Corporation, hereinafter referred to as "IBM",
applied for annexation after exercising certain options to purchase
said 400 acres situated in Denton and Tarrant Counties, more
particularly described in Exhibit 1 hereto; and
WHEREAS, IBM has requested that, in the event the property
described in Exhibit 1 attached hereto is annexed into the DCMUD
#1, that the DCMUD #1 supply a quantity of water as required by
IBM not to exceed 500,000 gallons per day to the property described
in Exhibit 1; and
WHEREAS, Gibraltar Savings Association, d/b/a Trophy Club has
assigned IBM the right to receive up to 500,000 gallons of water per
day pursuant to the Letter Agreement between Gibraltar Savings
Association and the DCMUD #1 of August 21, 1979, which assignment
has been approved by the DCMUD #1; and
WHEREAS, it is deemed to be in the best interest of both the
Town of Westlake and IBM that IBM be annexed into DCMUD #1 so as
to have a supply of treated water to the realty described in the
attached Exhibit 1 at a reasonable rate if and when IBM presents
deeds to DCMUD #1 showing that it owns all of such realty; and
WHEREAS, the granting of said petition will result in providing
more orderly development and use of the land to be included in said
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District and will promote and protect the general health, safety
and welfare of persons residing thereon; and the citizens of the
Town of Westlake; 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 pre-
amble 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 consent 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 5. This ordinance shall be passed on this the
day of A.D., 1982, and shall take effect immediately
upon its passage and approval by the Mayor.
PASSED AND APPROVED this � day of A.D.,
1982.
Dale White, Mayor
Town of Westlake, Texas
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ATTEST:
e y Wh'te, TownSecretary
Te n of Westlake, Texas
APPROVED AS TO LEGAL FORM:
P u1 C.Isham, Town Attorney
Town of Westlake, Texas
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I.
PETITION FOR CONSENT TO ANNEX CERTAIN
LAND INTO DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
THE STATE OF TEXAS X
X
COUNTY OF TARRANT X
TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS:
The undersigned (herein the "Petitioner") holder of option to
title to land within the territory more particularly described in
the attached Exhibit No. 1, which, when the options are exercised,
will be the owner of a majority in value of the lands therein as will
be indicated by the tax rolls of Tarrant and Denton Counties, 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 annexation of
such lands into the Denton County Municipal Utility District No. 1,
and would respectfully show the following:
I.
The area proposed to be included within DCMUD #1 contains
approximately 395 acres of land, more or less, situated in Tarrant
and Denton Counties, Texas, and is wholly within the incorporated
limits of the Town of Westlake, Texas, or within the extraterritorial
jurisdiction 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 several tracts, which
are shown as Exhibit No. 1, which is attached hereto and incorporated
herein for all purposes.
II.
The undersigned either holds title to the land or holds options
to purchase the lands which will be annexed to DCMUD #1 and will be
the owner of a majority in value of the lands therein as will be
indicated by the tax rolls of Tarrant and Denton Counties, Texas.
The general nature of the work to be done by the District at the
present time, regarding the annexed properties, is the construction,
acquisition, maintenance and operation of a waterworks and sanitary
sewer system for domestic and commercial purposes.
IV.
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 commercial
growth. There is not now available within the area, which will be
developed as a planned office complex, an adequate waterworks and
sanitary sewer 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 system. A public necessity
therefore exists for the annexation of said properties into DCMUD #1
in order to provide for the construction, extension, improvement,
maintenance and operation of such waterworks and sanitary sewer system,
so as to promote the purity and sanitary condition of the State's
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waters and the public health and welfare of the community.
V.
Petitioner requests consent to the annexation of said properties
shown on Exhibit #1 into DCMUD #1 under the condition that it owns or
will own all said properties so outlined on said Exhibit by January 1,
1983.
VI.
Attached to and incorporated herein as a part of this petition
are copies of agreements between Gibralter Savings Association and
Petitioner and DCMUD #1 and Petitioner (respectively called Exhibits
Nos. 2 and 3), and the consent requested herein is conditioned on
those contracts being properly executed by the parties therein.
WHEREFORE, the Petitioner respectfully prays that this petition
be heard and that your Honorable Body duly pass and approve an
ordinance or resolution granting the consent for the annexation of
the land described herein into the Denton County Municipal Utility
District No. 1.
1982.
®
RESPECTFULLY SUBMITTED this day of
INTERNATIONAL BUSINESS nCHINES
CORPORATION
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EXHIBIT I
STATE OF TEXAS
COUNTIES OF TARRANT AND DENTON
AGREEMENT
For and in consideration of the sum of $10.00 and
other good and valuable consideration passing by and between
the parties hereto.
WHEREAS, pursuant to that one certain letter agreement
of August 21, 1979, by and between the Denton County Municipal
Utility District No. 1 and Gibraltar Savings Association d/b/a
Trophy Club (the "Letter. Agreement") the Gibraltar Savings
Association d/b/a Trophy Club has been assigned by the Denton
County Municipal. Utility District No. 1 hereinafter "MUD 1",
a portion of MUD is rights under that one certain contract
for water service by and between the City of Fort Worth,
Texas, and MUD 1 dated March 13, 1979; and
WHEREAS, Gibraltar Savings Association d/b/a Trophy Club,
hereinafter "Gibraltar" has a right to receive up to 2.835 million
gallons of water per day pursuant to such Letter Agreement and the
contract for water service between the City of Fort Worth and
MUD 1, hereinafter the "Fort Worth Water Contract", and
WHEREAS, International Business Machines Corporation,
hereinafter "IBM", desires to be assigned a portion of Gibral-
tar's rights to such water up to a total amount of 500,000
gallons of water per day and,
WHEREAS, Gibraltar is willing to sell, assign and convey
to IBM a portion of Gibraltar's rights to such water in the amount
UP to 500,000 gallons of water per day;
NOW, the parties do agree as follows:
(1) Gibraltar hereby sells, as<i�ns and convevs to IBM
the right to receive up to 500,000 a.7_t_ons of water per day
which rights accrue to Gibraltar pursu-,nt to the Fort Worth
Water Contract and the Letter Agroc-.enc and which rights amount
to 13.510 of the original. amount of 3.7 million aallcns of water
per day allocation under the Fort Worth Water Contract. This
conveyance shall become effective at time of closing of the
purchase of 166 acres by IBM pursuant to an Option Agreement
between the parties of even date herewith.
(2) IBM agrees to pay to Gibraltar the sum of $520,000
provided such sum .is paid on or before October 31, 1982, and if
such $520,000 is not paid on or before that day, such sum shall
be increased at an annual simple interest rate of 15'; until the
date such sum is paid, except if such sum is not paid on or
before December 31, 1982, this agreement between the parties
shall be null and void and neither party shall have any
further duty or obligation to the others of any nature whatsoever.
(3) The term of this agreement shall run for forty
years beginning as of August 21, 1979.
EXHIBIT 2, Page 1
(4) If additional water capacity is ever made avail-
able by the City of pry taorth for sale to MUD 1, Gibraltar
hereby sells, conveys and assigns to IBM that portion of Gibraltar
rights under Paragraph 5 of the Letter Agreement, so that IBM
shall have the right to purchase and receive such additional
water in the same proportion as its allocation of .5 million
gallons of water per day on
to Gi.braltar's
the original million allocation of
at the time suchch gallons of water per day capacity
additional water is offered for sale.
i5) This Aareement shall be null. and void and of no
force and effect unless IBM exercises an option to purchase
et acres pursuant to that one certain Option Agreement
between the parties of even date herewith.
(6) The persons signing on behalf of IBM and Gibraltar
below hereby acknowledge that they are duly authorized to execute
this agreement on behalf of their respective companies and that
they do cith all neces.sar autorty.
or impli ��) y�is _ssiarment is sde wi ;ou
SIGNED THIS Warranty or recourse, express
------20th day of July 1982.
GIBRALTAR SAVINGS ASSOCIATION,
d/b/a TROPHY CLUB
THE STATE OF TEXAS
COUNTY OF DALLAS
By:
Its.
�sident
INTERNATIONAL BUSINESS MACHINES
CORPORATION
By:��
Its:
BEFORE ME, the undersigned authority,
in and for said County, Texas, on this day personally
Tommy Lane known to me to be the person and officer whose name
is subscribed to the forego' 3 appeared
me that the same was the act gfinstrthe saiatGand acknowledged to
Association, d/b/a aro
the same as the act. of such Trophy Club, and that he executed
consideration therein expressed dation for the purposes and
stated, and in the capacity therein
Of
GIVEN UNDER 1,1Y HAND AND SEAL OF OFFICE
1982. , This
July
__`--- nth _day
i
Nota
r �
y Public Dalla
Texas s County,
0 '
EXHIBIT 2, rage 2
TME STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned authority,
in arid for said County, Texas, on this day personally appeared
Robert H. Thomas, Trustee known to me to be the person and
officer whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the said
International Business Machines Corporation, and that he
executed the same as the act of such corporation for the
purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND
of t�-1982.
N
My Commission Expires:
c5 / Ori
d�
AND SEAL OF OFFICE, This day
Notary Public, Dallas County,
Texas
EXHIBIT 2, Page 3
UTILITY CONTRACT
OF 1 1982
THIS CONTRACT AND AGREEMENT made and entered into
this _ day of _ 19 by and between the
Denton County Municipal Utility District No. One, a duly
formed municipal utility district located in Denton County,
Texas, acting by and through its duly authorized Vice -
President and Secretary, _ and
_. and International Business Machines
Corporation, a corporation duly incorporated in the State of
New York and authorized to transact business in the State of
Teras, acting by and through its duly authorized represen-
tative,
W I T N E S S E T H:
WHEREAS, the Denton County Municipal Utility
District No. One has provided at its own expense, and now
owns, operates and maintains, facilities for processing and
distributing a supply of surface water and subsurface water,
and at the present time is qualified to furnish and deliver
treated water as permitted by the service area defined in
that one certain contract for water service between the City
of Fort Worth, Texas, and the Denton County Municipal
Utility District No. One dated on or about March 13, 1979;
and,
WHEREAS, the Denton County Municipal Utility
District No. One, hereinafter referred to as "DCMUD #1," on
or about May 18, 1982, acting by and through its duly
authorized Board of Directors, approved a resolution whereby
it stated that it would favorably act upon an application by
International Business Machines Corporation to annex approx-
imately 400 acres of realty located across from the present
geographical boundaries of DCMUD #1 as more particularly de-
scribed in the attached Exhibit 1, if and when International
Business Machines Corporation, hereinafter referred to as
"IEM," applied for annexation after exercising certain
options to purchase said 400 acres more particularly de-
scribed in Exhibit 1 hereto; and,
WHEREAS, IBM has requested that, in the event the
property described in Exhibit 1 attached hereto is annexed
into the DCMUD #1, that the DCMUD #1 supply a quantity of
water as required by IBM not to exceed 500,000 gallons per
day to the property described in Exhibit 1; and,
apps, 1
EXHIBIT 3, Paqe 1
WHEREAS, Gibraltar Savings Association d/b/a
Trophy Club has assigned IEN the right to receive up to
500,000 gallons of water per day pursuant to the Letter
Agreement between Gibraltar Savings :association and the
DCMUD #1 of August 21, 1979, which assignment is hereby
approved by the DCMUD #1, and,
WHEREAS, it i§ deemed to be in the best interest
of both the DCMUD #1 and IBM that they do enter into a
mutually satisfactory agreement by means of which DCMUD #1
agrees to supply treated water to the realty described in
the attached Exhibit 1 at a reasonable rate if and when IBM
presents deeds showing that it owns all of such realty and
that the City of Westlake, Texas, has given any necessary
approval to allow such annexation,
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
That for and in consideration of $10.00 and the
execution and performance of the mutual covenants herein set
forth, the DCMUD 11 and IBM do hereby covenant and agree as
follows:
1.
TERMS AND CONDITIONS
DCMUD #1 agrees to furnish and sell to IBM treated
water of potable quality meeting all applicable governmental
standards, delivered under the normal operating pressure
prevailing in the DCMUD #1's water distribution system at a
point or points of delivery mutually agreed upon. IBM
agrees to accept delivery under the conditions of this
agreement and to pay for the same in accordance with the
terms hereof.
If at any time during the term of this contract
the furnishing of water by the DCMUD 41 shall be impacted by
any reduction of water to the DCMUD 01 by the City of Fort
Worth as provided for in that one certain contract for water
service between the City of Fort Worth, Texas and the Denton
County Municipal Utility District No. One dated March 13,
1979, hereinafter referred to as the "Fort Worth contract,"
then and in that event, the quantity of water furnished to
IBM will be reduced in the same proportion to the reductions
in quantity of water being furnished all other customers
served by the DCMUD 21.
EXHIBIT 3, Page 2
If the City of Fort North sha11 ration the use of
water pursuant to the Fort Werth contract, which water
rstionina or :,pater conservation measures shall be imposed
upon the DCMUD #l, then ISM shall institute and apply the
same .-ar1cninc,, conser,.,ation measures or restrictions to the
use of water as required of all other customers of the DCMUD
#l.
It is contempl'ted that up to 500,000 gallons of
water per day will be made available to IBM at the DCIIUD
#1's water transmission facilities located in the south-
eastern most portion of that portion of the DCMUD #1 known
as the Trophy Club. It is agreed that IB[Y] will pay the cost
of extending any necessary water transmission main from that
point to the realty described in the attached Exhibit 1.
2.
LOCATION AND MAINTENANCE OF MEASURING DEVICES
All water furnished under this agreement by the
DCMUD #1 shall be measured by one or more suitable meters
equipped with continuous flow chart -recording devices and
transmitting and receiving equipment. All meters and re-
cording equipment shall be instalied and operated by the
DCMUD #l. ISM shall pay to the DCIIUD #1 the cost of the
meter, recording and transmitting equipment and appurten-
ances plus the installation and maintenance costs thereof.
The point or points of delivery of treated water
by the DCMUD #1 shall be the meter vault connection to IBM's
side of the meter, and all necessar%, maintenance and dis-
tribution facilities from and 'beyond said points shall be
furnished by IBM.
The location of each meter shall be mutually
agreed upon by and between the parties hereto, and the meter
or meters shall not be moved or relocated e.-�cept by mutual
consent.
Each party hereto shall have the right to test the
meters and appurtenances at any time by first giving the
other party notice of its intention to make such a test. No
meter shall be adjusted, changed, or tested, in place or
elsewhere, sinless the party intending to make such adjust-
ment, change or test shall first give notice to the other
party of this intention and thereafter give reasonable
opportunity to the other party to have representatives
participate in such test, change or adjustment. All meters
EXHIBIT
3,
Page
3
will be properly sealed, and the seal shall not be broken
unless representatives of both parties have been notified
and given a reasonable opportunity to be present.
3.
METER READING AND BILLING
The DCMUD #1 will read all meters provided for
herein at monthly intervals and the parties to this agree-
ment shall have free access to read these respective meters
daily, if either party so desires. It shall be the duty of
the parties to give immediate notice, each to the other,
should any meter be found not functioning, and upon such
notice repairs to such mete_- shall be made promptly. When-
ever it is evident that a meter has not registered
accurately for a period of time, the quantity used shall be
estimated in accordance with the useage under similar con-
ditions for an equal period.
The meter readings or rates of flow shall be added
together when more than one meter is in service and the sum
thereof shall be used for the purpose of calculating charges
for water used.
IBM agrees to pay the monthly charge for water
service. The monthly bill shall be due and payable at the
office of the DCMUD #1 on or before the 15th day immediately
IBM shall not be required
sewer service unless such water or
actually received by IBM.
4.
RATES
A. Rates to be used
To pay for any water or
sewer service shall be
The rate to be charged for water delivered to
property annexed to DCMUD ##1 shall include the proper
proportionate parts of the maintenance and operation cost as
related to the production and transmission facilities of the
total DCMUD 1's water system, the capital facilities cost
(fined charges) on the production and transmission facili-
ties and the raw water costs. In any event the rate to be
charged to IBM for water during the term of this contract
EXHIBIT 3, Page 4
Shall bear a reasonable relationship to the rate structure
for other similar users within the DCMUD #1.
The rate for crater delivered to areas outside
DCMUD #1 shad be the same as for other similar users, if
MY, outside the DCFIUD #1, which rate for users outside
DCMUD #1 shall not be more than two times the rate for water
delivered 'to similar Lisers within DCMUD Q.
B. Sewage
The DCMUD 91 does further hereby agree to receive
and treat all domestic sewage discharged from the realty
described in the attached Exhibit 1 or areas annexed into
DCMUD #l. IBM does hereby agree to pay for the cost of all
rights of way, easements, Lift stations, transmission
facilities, and other appurtenances necessary to deliver
raw, untreated sewage from property described in attached
Exhibit 1 to the lift station at the southeastern most
corner of the Trophy Club. IBM does further agree to pay
such reasonable charges for such improvements and additions
in the sewage collection and treatment system ("the sewer
system") which must be made to handle domestic sewage
discharged by IBM including the reasonable costs of
expanding the sewage system to provide additional capacity
to the sewage system equal to the capacity needed, from time
to time, by IEM. For example, if IEN initially requires a
sewage capacity of 100,000 gallons per day, then IBM shall
pay DCMUD #1 the reasonable costs of expanding the sewage
system of DCMUD #1 to provide an additional capacity of
100,000 gallons per day. Such costs shall include all
actual costs of acquiring, constructing, equipping and com-
pleting such expansion or addition to the sewage system to-
gether with all related costs for sizes, easements, permits,
preparation of plans and specifications, acquisition of
necessary licenses, permits, waste control orders, discharge
permits or amendments thereto, fiscal, legal, administra-
tive, advertising, engineering and material -testing costs,
and all similar costs. Prior to any sewage service ceing
initially provided to IBM or subsequently increased, IBM
Shall submit to DCNUD ##1 a written statement of the sewage
capacity that it wishes to reserve at that time. Upon re-
ceipt of such written statement DCMUD #1 shall promptly pre-
pare and furnish to IEP] an estimate of costs of expanding
the sewage system by such requested capacity, which cost
estimate shall set forth in reasonable detail the various
items of costs comprising the total (including an amount for
contingencies of not more than 15% of the total). Within 30
days after receipt of such estimate from DCMUD #1, IBM shall
EXHIBIT 3, Page 5
pay the full amount of such estimate to DCMUD #1 as a
deposit against the actual costs to be incurred by CC
MUD lin making such expansion, with any final adjustment tobe
made between DCNUD #1 and InN within. 30 days after the final
total of all actual costs is known_
C. Pavmeno for Sewaoe Treatment_
IBM does hereby agree to pay to the DCMUD #1 all
charges for domestic sewage treatment on a monthly basis
which monthly bill shall be due and payable at the office of
the DCMUD #1 on or before the 15th day immediately succeed-
ing the monthly billing date.
The billing rates for the treatment of such sewage
shall be determined by those reasonable rates charged by the
DCMUD #1 for like users within DCNUD #1. The billing rate
for domestic sewage, received from areas outside DCMUD #1
shall be the same as for other similar users, if any,
outside the DCMUD #1 which rates for users outside DCMUD #1
shall be not more than two times the rate for domestic
sewage treatment for similar users within DCMUD #I-
5.
SOUTHLAKE PROPERTY
Attached hereto as Exhibit 2 is a property
description of realty upon which IEN has options to
Purchase- In the event IBM exercises its option to purchase
Part or all of such realty and in the event the City of Fort
Worth amends the Fort Worth contract to permit the resale of
water to the property described in Exhibit 2
EU01
agrees to sell water to IBM and to accept and treat Csewage
from the property described in the attached Exhibit 2
Pursuant to the terms and conditions set forth above.
IBM agrees to Present a petition for annexation of
the property described in Exhibit 2 to the DCNUD Q.
However, the parties recoan3ze that the City of Southlake
has tentatively indicated that they would not permit
annexation of the property described in Exhibit 2 and the
Parties further recognize that SouthLake's approval is
necessary in order to effect annexation into the DCMUD V.
Insofar as this contract concerns property which is or may
be annexed into Southlake, Texas, this contract shall
provide a backup source of water to Ism in the event
Southiake cannot supply surface water to IBM.
EXHIBIT 3, Page 6
E_".,._IKF DsTE oFcoNTRACT Foy, Dr -LIN -
The effective date of this contract for billing
Purposes shall be the fifteenth (15th) clay of the month
following the month in which water:- is first delivered to IEi,I
by DC,°,IUD rcl under thisA greement or sewage services
provided.
LIFE OF CONTRACT
The Life of this co_cract shall be for forty (qC)
years from date of execution hereof, and may be renewed on
terms mutually agreeable to the parties hereto.
8.
RIGHTS-OF-wAy
IBM shall grant to the DCNUD nl such easements and
rights-of-way along public highways or other property owned
by IBM as reasonably requested by the DCMUD #1 in order to
construct and maintain water or sewer mains or facilities,
All work done by or on behalf of the DCMUD -`1 under this
paragraph will be performed in accordance with specifica-
tions equal to those applying to work of a similar nature
performed within the City of Fort Worth.
a
RESALE OR ASSIONMENT
IBM does hereby covenant and agree not to sell
water to any other user and further agrees that the water
and sewer agreed to be supplied herein shall be used only by
IBM or one of its subsidiaries on the property described in
the attached Exhibirs ExhibitsI and 2 and any property owned by !Fm
or one of its subsidiaries located within Trophy Club_ Mit:
respect to propertyoutside the DCMUD #l, this contract is
personal to IRM.
EXHIBIT 3, Page 7
10.
NDUNT OFNATER
rER
While the DCNUD ;1 shall be required to supply up
to 500,OOC gallons of water per day to !HM absent anv
declaration of emergenc,y or conse nation measure imposed by
the City of Fort Worth is set forth in paragraph 1 "Terms
and Conditions", no provision of this contract shall require
the DCMUD #1 to supply more than 500,000 gallons of ,nater
per day to !SM. IEE] is not committed to take any specific
water or domestic sewer ser: -ice, but it may take sucin
services at any time in the future subject to the terms and
conditions of this agreement.
on
ACREEMENT TO SEEh ADD!-=ONAL WATER
The DCMUD #1 and IBM do hereby mutually agree to
use reasonable efforts for a period of five years from date
of execution hereof to secure additional water from the City
of Fort Worth or other sources outside the service area of
the DCMUD #1 as determined by the Fort Worth Contract.
Reasonable efforts shall be, for example, having a represen-
tative attend meetings with the City of Fort Worth or others
for the purposes of making reasonable reauests for trans-
mission and delivery of additional water to the DCNUD #1 in
excess of the 3.7 million gallons per day which the City of
Fort Worth is presently obligated to provide to the DCMUD #1
under the Fort Worth contract. Either party may, but is not
obligated to, participate in purchasing pumps, easements,
rights-of-way, water mains, or other appurtenances necessary
to transmit water to the mains of the DCMUD #1 from the City
of Fort Worth which contributions shall be made to the City
of Fort Worth for the purposes of securing additional water
to be delivered to the DCNUD #1. In the event the parties
elect to make such contribution, any additional water
obtained through such contributions, which contributions
shall include the cost of engineering services, additional
Pumps or pumping facilities, means, rights-of-way,
easements, pipe or other capital improvements to the :eater
transmission facilities either in the City of Fort Worth or
the DCAUD 11, the parties will share such additional water
obtained by such contributions in proportion to their
respective contributions.
EXHIBIT 3, Page 8 11
Assume that the Tiny of Fc.r'::-. Worth agree_, to
pply an
additional one million rralons of water per day to the
DCAUD ;#1 thro ;n presenoly presentlyexisting water mains and
water txansmiss ofacilitiesn
it the DCPI[iD 01 and IHM
agree to supply a booster p,,, to the City of Fort
Worth. Assume that the booster pump and cost of
installation amount to 5500,000.00. Assume that IDM
pays .$100,000.00 of this cost and that the DCMUD pays
5100,000.00 of the cos:.. IBM would then receive a
rinht to an additional 200,000 gallons of water over
and above the 500,000 gallons it was otherwise
receiving and that the DCAUD would distribute the
remaining 500,000 gallons to its other customers.
The foregoing is by wav of illustration only and
does not commit,either the DCNUD 7#1 or IBM to make anv
specific contribution towards securing additional water.
IBM shall have the right, but not the obligation, to
contribute up to 250o of the total contribution, in one or
more contributions, for additional water until IBM has
secured an additional 500,000 gallons of water per cay over
and above its allocation herein.
12.
TROPHF CLUB
It is understood by and between the parties hereto
that IBM presently has an option to purchase approximately
166 acres of realty in the Trophy Club from Cibraltar
Savings Association. In the e,-ent that IBM enercises its
option to purchase such 166 acres, the DCNUD 41 does hereby
agree to annex: into the DCIIUD i#1 the property described in
the attached Exhibit 1 upon the presentation of a petition
for annexation by IBM and presentation of a resolution of
the City of Westlake, Texas, approving such annexation. in
the event IBM does not exercise the option to purchase the
above -referenced 166 acres, this agreement shall be null and
void and neither party shall have any further duty -_
responsibility to the other. In the event IBM does not
present a petition for annexation of the property described
in E._hibi.t 1, this contract shall be null and -.void and
neither party shall have any further responsibility to thr
other. If the petition for annenation and resolution of the
City of Westlake apprcyl ng such annexation have not both
been presented to DCAUD ##1 by January 1, 1983, then this
EXHIBIT 3, Page 9
contract shall be voidable by either party upon 30 days
written notice.
13.
FORCE 1!AjEURE
If, by reason/of force maleure, either party
hereto shall be rendered unable, wholly or in part, to carry
out its obligations under this acrreement, other than
obligation of IR1,1 to make payments recuired under the terms
hereof, then if such party shall. gi,e notice in full
particulars to sucl, force Majeure in writing to the other
party within reasonable time after the occurrence of the
event or cause relied upon, the obligation of the party
giving such notice, so far as it is affected by such force
majeure, shall be suspended during the continuation of the
inability then claimed, but for no longer period, and such
party shall endeavor to remove or to overcome such inability
with all reasonable dispatch.
The term "force majeure," as employed herein,
shall mean acts of God, strikes, lockouts or other indus-
trial disturbances, acts of public enemy, orders of any kind
of the Government of the United States or the State of
Texas, or any civil. or military authority, insurrection,
riots, epidemics, landslides, lightning, earthquake, fires,
hurricanes, storms, floods, washouts, droughts, arrests,
restraints of government and people, civil disturbances,
explosions, breakage or accidents to machinery, pipelines or
canals, partial or entire failure of water supply, and
inability on the part of the DCMUD -l1 to deliver ,tater or
sewer services hereunder or IBM to receive water or sewer
services hereunder on account of any other causes not
reasonably within the control of the party claiming such
inability.
14.
APPROVAL BF CITi OF FORT WORTH
It is understood and agreed by the parties thac
the Fort Worth Contract provides that DC@IUD #1 shall not
supply water outside the service area defined in the Fort
Worth Contract without the prior written consent of the City
of Fort Worth. The property described in both Exhibit 1 and
Exhibit 2 to this contract is outside the service area as
presently defined in the Fort Worth Contract. Therefore,
this contract is expressly conditioned upon receipt by DCItUD
EXHIBIT 3, Page 10
ATTEST: INTERNATIONAL BUSINESS
MACHINES CORPORATION
I_ts y authorize
representative
APPROVED AS TO FORM]
AND LEGALITY:
Attorney for Internatic
Business Machines Corp.
EXHIBIT.3, Page 12
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EXHIBIT 3, Page 14
SEF -24-'9E TUE 18:28 ID:TRCFH'Y CLUE
F� NU:1-817-481-5512 14772 Fu2';'08
ORDER APPROVING ANNEXATION OF LAND INTO
DENTON COUNTYMUNICIPAL UTILITY DISTRICT NO. 1
THE STATE OF TEXAS )
COUNTIES OF DENTON )
AND TARRANT )
WHEREAS, there has been filed with the Board of
Directors of Denton County Municipal Utility District No. 1
(the "DISTRICT") a Petition by international Business Machines
Corporation ("IBM") dated October 29, 1982, requesting
annexation of certain property to the DISTRICT, a copy of
which Petition has been filed for record with the County
Clerks of Denton and Tarrant Counties, Teras, and which
Petition is incorporated herein by reference for all purposes;
and
WHEREAS, in accordance with Sections 54.711, 54.712,
and 54.714 of the Texas Water Code, such Petition has been
considered, and it is hereby deemed advisable by the Board
to authorize the annexation of such property to the DISTRICT;
and
WHEREAS, it is hereby officially found and deter-
mined that the meeting at which such Petition was considered
and granted was open to the public and public notice of the
time, place, and purpose was given, all as required by law;
NOW, THEREFORE, BE IT ORDERED BY THE BOARD OF
DIRECTORS OF DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 1;
1. That the Petition of IBM dated October 29,
1982, has been heard and considered and that it is hereby
considered to be to the advantage of the DISTRICT to annex
the land described in such Petition. It is further deter-
mined that the water, sewer, and drainage system and other
improvements of the DISTRICT are sufficient or will be
sufficient to supply the additional land without injuring
land already in the DISTRICT.
2. That the petitioner, IBM, and successive
owners of said land shall assume their share of the DISTRICT's
outstanding Waterworks and Sewer System Combination Unlimited
Tax and Revenue Bonds, Series 1976, issued in the aggregate
principal amount of $1,530,000, and the DISTRICT's Waterworks
and Sewer System Combination Tar, and Revenue Bonds, Series
1980, issued in the aggregate principal amount of $2,035,000;
and the petitioner has authorized the DISTRICT to levy a tax
on the property to pay its share of such bonds; and the
petitioner has agreed to the issuance by the DISTRICT of the
remaining voted but unissued bonds in the amount of $8,779,217,
being the DISTRICT's Waterworks and Sewer System Combination
flnI jiri+f ,i T.av A " A Rctrnv.avo mr,-q- .. ,' -v ....... _ i..a - - -.
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equally
on an ad
valorem
basis with the taxes levied on all
taxable
property
within
the DISTRICT.
4. That the land annexed to the DISTRICT by this
Order is described as 405.1434 acres in the C. M. Thrcop
Survey Abstract 1510, T. W. Mann Survey Abstract 1107, W. Medlin
Survey Abstract 1958, William H. Pea Survey Abstract 2025,
Joseph Henry Survey Abstract 528, and William H. Pea Survey
Abstract 1045, in Tarrant and Denton Counties, Teras, as more
fully described by metes and bounds in Exhibit No. 1 which
is attached to and made a part of this order for all purposes.
5. That the annexation of such land by the DISTRICT
shall be subject to performance of the terms of that certain
Utility Contract dated July 30, 1982, as amended, by and
between IBM and the DISTRICT, a copy of which contract is
attached as Exhibit 4 to the Petition of IBM.
6. That a certified copy of this Order shall be
recorded in the offices of the County Clerks of Denton and
Tarrant Counties, Texas, and in the Deed Records of said
Counties. A certified copy of this Order shall also be filed
with the Texas Water Rights Commission,
1982.
ATTEST!
APPROVED AND SIGNED the 14? day of November,
ERNEST W. STEELMAN
Secretary, Board of Directors
APPROVED:
Dii ctor
X
President, Board of Directors,
Denton County Municipal
Utility District No. 1
4., r, t3HLLIFd'tLJ tk At�bUGIATGS, INC.
REGISTERED CIVIL ENGINEERS & SURVEYORS
279 NORTH AUSTIN PHONE (617) 387=6506
DENTON. TEXAS 762Or
October 21, 1982
FIELD NOTES TO 405.1434 ACRES IN THE C.M. THROOP SURVEY ABSTRACT 1510, T.W. MANN
SURVEY ABSTRACT 1107, W. MEDLIN SURVEY ABSTRACT 1958, WILLIAM H. PEA SURVEY AB-
STRACT 2025, JOSEPH HENRY SURVEY ABSTRACT 528, WILLIAM H. PEA SURVEY ABSTRACT T045
TARRANT AND DENTON COUNTIES, TEXAS
All that certain tract or parcel of land situated in the C.M. Throop Survey, Ab-
stract 1510, T.W. Mann Survey Abstract 1107, W. Medlin Survey, Abstract 1058,
William H. Pea Survey, Abstract 2025 and 1045, and the Joseph, Henry Survey, Abstract
528, Tarrant County and Denton County, Texas, and being all,,of a 145.283 acre
tract described in a deed from Ben A. Zweld to John W. Taylor, et al, on i+arch 23,
1970, recorded in Volume 4069, Page 844, Deed Records of Tarrant County, and being
all of a 33.347 acre tract described in a deed from Dr. Carroll W. Browning to
Helen M, Browning on December 24, 1975, recorded in Volume 782, Page 411, Deed
Records of Denton County, and being all of a 117.5955 acre r -tract described in a
deed from Craig and Rose Development Co. :to William Rose and Larry Craig recorded
in Volume 7141, Page 660, Deed Records of Tarrant County, and being all of a 46.992
acre tract owned by Dr. Carroll W. Browning and part of a tract described in a deed
from Dr. Carroll. Browning to Howard Dudley on May 27, 1970, recorded in Volume 4888,
Page 625, Deed Records of Tarrant County, and all of a tract described in a deed
from Mrs. A.L. Heath et al to R.M. Loftin et ux on February 6, 1964, recorded in
Volume 521, Page 405, Deed Records of Denton County, and being. more fully described
as follows:
BEGINNING at a steel pin in the Westerly line of State Highway 114, said pin being
in the North boundary line of said C.M. Throop Survey at t point 757 feet West
of its Northeast corner;
THENCE Southeasterly along the Westerly right-of-way of said Highway S. 36° 33'
12" E. 1133.97 feet to a steel pin;
THENCE S. 186 44' 12" E. with the Southwesterly line of said Highway 221.5 feet to
a rail for corner in the East lire of said Throop Survey which is the West boundary
line of the lit. Medlin Survey, said corner being in the middle of County Road 3088;
THENCE S. 0° 16' 23" W. with the middle of said road and with said common Survey
line a distance of 1636.79 feet to,a corner;
THENCE S. 14" 56' 30" E. with the middle of said road 343,43 feet to a corner;
THENCE S. 880 44' 31" W. with a fence 411.50 feet to a steel pin at a fence corner;
THENCE S. 890 31' 11" W. with a fence 1467.76 feet to a fence corner;
THENCE N, 00 38' 34" E. with a fence 462.13 feet to a fence corner;
THENCE N. 890 58' 35" W. a distance of 1976.26 feet to a steel pin on the East
boundary line of Roanoke Dove Road;
THENCE N. 0° 29' 22" E. a distance of 44.64 feet to a steel pin in line with the
North boundary line of Roanoke Dove Road;
EXHIBIT NO. I
SEH -X4-" I Ue 15:.51 IJ: I KUYmy I. U= "I rvi i. r � u i — .:— -. � , . __
Fiel.d notes to 405.1434 ac: in C.M. Throop Sur. Ab. 1510 etc. Tarrant and Denton Co.
THENCE N, 89' 25' 55" W. with the North boundary tine of said Roanoke Dove Road
a distance of 1350.87 feet to a steel pin;
THENCE with a curve to the right having a central. angle of 890 34' 401$, a radius of
154.38 feet, a chord of N. 440 38' 35" W. 217.52 feet, and an arc length of 241.36
feet to a steel pin;
THENDE N. 00 08' 45" E. with the East boundary line of Robert Wood Road a distance
of 977.31 feet to a steel pin;
THENCE S. 890 32' Oi" E. with a fence a sitance of 1161.39 feet to a steel pin;
THENCE N. 00 28' 35" W. a disatnce of 955.10 feet to a steel pin;
THENCE N. 00 33' 00" W, a distance of 556.78 feet to a steel pin at a fence.corner
on the South boundary line of said Loftis tract;
THENCE S. 890 51' 55" W. with a fence and the South boundary line of said tract
a distance of 1124.44 feet to a steel pin on the East right-of-way of Precinct LIne
Road;
THENCE Northerly with a fence and the East line of Precinct,Line Road the following
4 bearings and distances: (1) N. 280 51' 48" E. 165:0 feet, (2) N. 230 25' 29" E,
98.03 feet, (3) N. 120 52' 42" E, pass the North boundary line of Tarrant County
which is the South boundary line of Denton County a distance of 100.0 feet to
a steel pin,(4) N. 00 10' 30" W. 993,46 feet to a steel pin and fence -corner;
THENCE N. 890 49' 05" E. with said fence a distance of 257.0 feet to a steel 'pin
and fence corner;
THENCE N. 00 28' 23" W, with said fence a distance of $07.0 feet to a steel pin
and fence corner on the Souhteasterly right -Of -way of State Highway 114 and the
North Northwest corner of said Loftis tract;
THENCE S. 709 59' 27" E. with the Southeasterly right-of-way of State Highway 114
a distance of 1140.6 feet to a fence corner at the North Northeast corner of said
Loftis tract which is the Northwest corner of said Helen Browning tract;
THENCE S. 700 56' 33" E. with the SoutPI-ast aright -of -way of said State Highway 114
a distance of 1660.36 feet to a steel pin and fence-=rner;
THENCE S. 710 00' E. with the Southerly right-of-way of State Highway 114 a distance
of 678.17 feet to a right-of-way post at the beginning of a curve;
THENCE Southeasterly with said right-of-way and a curve to the right having a
central angle of 279 41' 02", a chord of S. 570 09' 29" E. 861.21 feet, a radius
of 1799.86 feet, and an arc distance of 869.65 feet to a right-of-way post at the
end of said curve near the South boundary line of Denton County and of the Henry
Survey and at the Northwest corner of a 0.67 acre tract to the State of.Texas;
-� - SEP-24—"?6 TUE 18:31 IL: TROPHY CLI_IH FAX NO:1-817-491-9312 11772
Field notes to 405.1434 ac
II'ac" ruy' ,
in C.M. Throop Sur, Ab. 1510 etc. Tarrant and Denton Co
THENCE S. 250 38' A with a fence and said right-of-way a distance of 108.43
feet to a steel pin at the beginning of a curve; .
THENCE Southeasterly with said right-of-way and a curve to the right having a
central angle of 6° 15' 27", a chord of S. 39° 39' 44" E. 196.47 feet, a radius
of 1799.86 feet, and an arc distance of 196.57 feet to a steel pin at the end
of said curve;
THENCE S, 3002' E. with a fence and said right-of-way a distance of 30.85 feet
to the place of beginning and containing in all 405.1434 acres of land.
I