HomeMy WebLinkAboutOrd 112 Granting petition for inclusion of certain land in Denton Co. MUD 2ORDINANCE NO. i
AN ORDINANCE GRANTING A PETITION FOR THE INCLUSION
OF CERTAIN LAND IN
DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 2,
OF DENTON COUNTY, TEXAS
WHEREAS, a petition requesting the Town of Westlake's
consent that certain land be included in Denton County
Municipal Utility District No. 2, of Denton County, Texas,
has been duly filed with the Board of Aldermen of the Town
of Westlake, Texas; and
WHEREAS, said petition has been considered by the Board
of Aldermen of the Town of Westlake, Texas; and
WHEREAS, the granting of said petition will provide
for the 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
therein; and
WHEREAS, by Ordinances previously passed and approved,
the Board of Aldermen of the Town of Westlake, Texas, has
approved similar petitions submitted by the predecessors in
title of the current Petitioner which resulted in minor boun-
dary conflicts and discrepancies between such Ordinances;
and
WHEREAS, the boundaries of the proposed District have
been further altered in the current Petition; and
WHEREAS, the best interests of the Town of Westlake and
the Petitioner will best be served by consideration of the
current Petition and the repeal of prior conflicting Ordinances;
NOW, THEREFORE,
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, THAT:
Section 1. 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. This meeting was called and notice thereof
was given and posted 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 to the inclusion of certain land in proposed Denton
County Municipal Utility District No. 2, of Denton County,
Texas, and such petition is hereby granted, subject to the
terms and conditions set forth therein.
Section 4. All prior Ordinances or Resolutions of the
Town of Westlake, Texas, in conflict herewith are hereby
repealed, revoked, rescinded and of no further force and
effect.
Section 5. This Ordinance shall be passed on this the
day of 2,{- , A.D., 1979, and shall take effect
immediately upon its passage and approval by the Mayor.
PASSED THIS 1q Pt_ day of la c , A.D. 1979.
APPROVED THIS I�/'h day of A.D. 1979.
APPROVED:
TOWN ATTORNEY
(SEAL)
MAYOR of the To
Westlake, Texas
-2-
I, WANDA G. WHITE, Town Secretary of the Town of
Westlake, Texas, do hereby certify that the within and fore-
going is a true and correct copy of Ordinance No. ,
passed by the Town's Board of Aldermen and approved by the
Mayor of said Town on the / �/ff day of �, 1979,
as the same appears in the Town's records in my office.
WITNESS MY HAND and the Seal of said Town this /�
day of _-��, 1979.
WANFA GZ WHITE, Town Secr tary
of the Town of Westlake, Texas
-3-
PETITION FOR CONSENT TO THE CREATION
OF P MUNICIPAL bTIL!TY DISTRICT
THE STATE OF TEXAS §
5
COUNTY OF DENTON g
TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF THE TOr.,N OF
WESTLAKE, TEXAS:
The undersigned (herein the "Petitioner"), being the
holdei of title to the lands within the territory herein-
after described by metes and bounds and being the owner of a
majority in value of such lands, as indicated by the tax
rolls of Denton County, Texas, and acting pursuant to the
provisions of Chapter 54, Title 4, Texas Water Code, as
amended, respectfully petitions the Mayor and 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. 2, of Denton County,
Texas.
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,
Texas Water Code, as amended.
The District shall contain an area of approximately
351.73 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 incorporated city, town
or village and no part of the District is within the extra-
territorial 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 property 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.
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.
PAI
The general nature of the work to be done by the
District at the present time is the construction, acquisi-
tion, maintenance and operation of a waterworks and sanitary
sewer system for domestic and commercial purposes, and the
construction, acquisition, maintenance and operation of a
drainage system to gather, conduct, divert, and control
local storm water or other local harmful excesses of water
in the District.
VI.
There is, for the following reasons, 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 primarily as a residential
subdivision, an adequate waterworks and sanitary sewer
system or drainage system. The health and welfare of the
present and future inhabitants of the area and of terri-
tories adjacent thereto require the construction, acquisi-
tion, 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, improve-
-2-
meat„ maintenance and operation of such waterworks and sani-
tary 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
aforesaid District under the conditions set forth in Exhibit
"B", which is attached hereto and incorporated herein for
all purposes, until such time as said conditions may be
changed by ordinance or resolution, either specific or
general.
VIII.
A preliminary investigation has been instituted to
determine the cost of the project, and it is now estimated
by the Petitioner, from such information as it has at this
time, that the ultimate cost of the development contemplated
will be approximately $5,400,000.
WHEREFORE, the Petitioner respectfully prays that this
petition be heard and that your honorable Body duly pass and
approve an ordinance or resolution consenting to the crea-
tion of the District and authorizing the inclusion of the
land described herein within the District.
RESPECTFULLY SUBMITTED, this /�T� day of
1979.
ATTEST:
ti
.Assistant Secretary
(SEALI.
;j
GIBRALTAR SAVINGS ASSOCIATION
-3-
Vice President
EXHIBIT "A"
DENTON COUNTY
MUNICIPAL UTILITY ;.DISTRICT
NO. 2.
Boundary description for a tract of land out of the J. BADS,
AB. -392; R. EADS, AB. -393; J. HENRY, AB. --529; W. MEDLIN, AB. -829
and J. SUTTON SURVEY, AB. -1154, Denton County, Texas, being
portions of certain tracts conveyed to Gibraltar Savings Association
by a deed dated May 25, 1977 and recorded in Volume 837, Page 16
Within the Deed Records of Denton County, Texas, and being more
particularly described by metes and bounds as follows;
BEGIT..TNING at a point within said J. Eads Survey in the East line
of that certain 1-134/1000 acre tract conveyed to Texas Power &
Light Company, said point being South 68 degrees 48 minutes 45
seconds East 161-15/100 feet and North 0 degrees 15 minutes West
32-2/10 feet from the Southwest corner of said T.P. & L. tract
and the Southwest corner of that certain 47u-488/1000 acre tract
formerly conveyed to Johnson-Loggins, Inc. by a deed recorded in
Volume 676, Page 153, D.R., D.C., T.;
THENCE, with the East and North line of said T.P. & L. tract,
;;orth 0 degrees 15 minutes West 326-7/10 feet and South 89 degrees
45 minutes West 120-0/10 feet to a point;
THENCE, departing said T.P. & L. tract, passing 30 feet East of
and parallel to the West line of said 476-488/1000 acre tract,
North 0 degrees 15 minutes West 2063-0/10 feet and continuing
30 feet South of and parallel to the North line of said tract,
South 89 degrees 50 minutes East 569-8/10 feet to a point;
THENCE North 0 degrees 10 minutes East 20-0/10 feet to a point;
THENCE following 10 feet South of and parallel to said 476-488/1000
acre tract North line, South 89 degrees 50 minutes East 790-8/10
feet, North 11 degrees 42 minutes East 11-8/10 feet and South 89
degrees 55 minutes 30 seconds East 1258-5/10 feet to a point;
THENCE North 10-0/10 feet to a point in the North line of said
476-488/1000 acre tract, said point being South 89 degrees 55
minutes 30 seconds East 10-0/10 feet from a steel rod at a fence
corner', for the Southwest corner of that certain 243-303/1000
acre tract conveyed to Gibraltar Savings Association and
continuing with the South line of said 243-303/1000 acre tract,
South 89 degrees 55 minutes 30 seconds East 380-0/10 feet to a
point;
THENCE, departing said North property line and common Survey line,
North 56 degrees 49 minutes East 312-0/10 feet, North 73 degrees
35 minutes East 150-0/10 feet, North 87 degrees 46 minutes East
195-0/10 feet, South 85 degrees 41 minutes East 317-0/10 feet,
South 82 degrees 41 minutes East 150-0/10 feet, South 74 degrees
01 minute East 150-0/10 feet, South 66 degrees 00 minutes East
150-0/10 feet, South 54 degrees 56 minutes East 150-0/10 feet,
North 47 degrees 06 minutes East 115-0/10 feet, South 42 degrees
54 minutes East 30-0/10 feet and North 68 degrees 54 minutes
East, crossing the East fenced line of said 243-303/1000 acre
tract at 171-6/10 feet from which the Southeast corner thereof
bears South 1 degree 38 minutes West 100-4/10 feet, and continuing
Jn all, 265-0/10 feet to a point;
THENCE South 25 degrees 24 minutes East, crossing the fenced line
ccmmon to said J. Henry and W. Medlin Surveys at 146-9/10 feet
from which the Southwest corner of a 357-134/1000 acre tract
bears South 89 degrees 30 minutes West 153-0/10 feet and the North-
west corner of said W. Medlin Surveys bears South 89 degrees 30
minutes West some 183 feet and continuing in all, 300-0/10 feet;
I%HENCE South 15 degrees 45 minutes East 300-Of10 feet, South 9
degrees 33 minutes East 300-0/10 feet, South l degree 02 minutes
East 300-0/10 feet, South 7 degrees 41 minutes West 300-0/10
feet and South 13 decrees 49 minutes 30 seconds West 307-0/10
feet to a point in the approximate centerline of Marshall Creek;
THENCE; upstream with the meanders of said creek centerline,
South 45 degrees 00 minutes West 290-0/10 feet, South 25 degrees
28 minutes West, crossing the line common to said W. Medlin and
J. Eads Surveys at approximately 170 feet, in all, 233-0/10
feet, South 52 degrees 08 minutes West 342-0/10 feet, South 20
degrees 33 minutes West 174-8/10 feet and South 31 degrees 00
minutes East, passing the Northwest corner of Lot 465, Trophy
Club, Section Seven, recorded in Volume 13, Page 41, within
the Plat Records of Denton County, Texas, at 50-85/100 feet,
in all, 261-95/100 feet and South 19 degrees 02 minutes East,
crossing the line common to said J. Eads and J. Sutton Surveys
at approximately 27 feet, continuing in all, 115-0/10 feet to a
sharp angle point in said creek centerline;
THENCE, continuing upstream with said approximate creek
centerline, and with the West line of said Trophy Club, Section
Seven, South 41 degrees 44 -minutes West 218-8/10 feet, South
46 degrees 52 minutes West 153-4/10 feet, South 51 degrees 25
minutes West 83-5/10 feet to the North corner of Lot 481, said
Section Seven, South 55 degrees 21 minutes West 126-4/10 feet,
South 13 degrees 58 minutes East 160-4/10 feet, South 10 degrees'
23 minutes West 98-9/10 feet and South 45 degrees 32 minutes
West 96-5/10 feet to the West corner of Lot 484, said Section
Seven, said point also being the most Northerly corner of that
certain "Tract C", Trophy Club, Section Eight, as recorded in
Volume 15, Page 12, P.R., D.C., T.;
THENCE, continuing upstream with said Marshall Creek centerline
and the West line of said "Tract C and said Section Eight,
South 44 degrees 05 minutes 30 seconds West 92-31/100 feet,
South 19 degrees 51 minutes 40 seconds West 57-0/10 feet, South
15 degrees 52 minutes 06 seconds East 143-53/100 feet, South 1
degree 16 minutes 25 seconds East 48-78/100 feet, South 15
degrees 56 minutes 14 seconds West 38-23/100 feet, South 39
degrees 28 minutes 26 seconds West 34-03/100 feet, South 80
degrees 22 minutes 38 seconds West 29-24/100 feet, and South 38
degrees 28 minutes 31 seconds West 107-8/10 feet to a point in
the North fenced R.O.W. of State Highway No. 114 for the West
corner of said "Tract C" and Section Eight;
THENCE, departing said creek centerline and with said North fenced
highway R.O.W., North 68 degrees 48 minutes 45 seconds West,
crossing the line common to said J. Sutton and R. Eads Surveys
at 1965-4/10 feet, recrossing the line common to su d R. Eads
and J. Eads Surveys at 3469-8/10 feet and continuing in all,
3664-6/10 feet to a point;
THENCE, departing said highway R.O.W., North 32-2/10 feet to a
point;
THENCE, passing 30 feet Northeast of and parallel to said highway
R.O.W., North 68 degrees 48 minutes 45 seconds West 339-3/10
feet to the point of ioginning, containing some 351-73/100 acres
Of land.
EXHIBIT "B"
(a) Fonds r:ay 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
interests in or parts of such systems or facilities, and to
=.ake any and all necessary purchases, constructions, improve-
ments, extensions, additions and repairs thereto, and to
purchase or acquire all necessary rights of use or interests
-n land, rights-of-way, easements, sites, equipment, buildings,
m arts, 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,
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 dis-
count or premium as well as the interest rate borne by such
bands, shall not exceed'two percent (2%) above the highest
average interest rate reported by the Daily Bond Buyer in
its weekly "20 Bond Index" during the one-month period pre-
ceding 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 of sale of the bonds is given.
=he resolution authorizing the issuance of the District's
Dads will contain a provision 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
Winder the direction of the Teras State Health Department
as required by applicable laws and regulations. The District
will agree to make periodic analyses of its discharge pur-
suant to the provisions of applicable laws and regulations
and further will agree to send copies of all such effluent
,rata to the appropriate official of the Town of Westlake.
_he District will agree that representatives of the Town of
,,estlake 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
-:ap and plat records of Denton County, Texas, and has other-
wise complied with the applicable rules and regulations of
the Town of Westlake.