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HomeMy WebLinkAboutOrd 114 Granting petition for inclusion of certain land in Denton Co. MUD 3s ORDI14ANCE NO. AN ORDINANCE GRANTING A PETITION FOR THE INCLUSION OF CERTAIN LAND IN DENTON COUNTY iUNICIPAL UTILITY DISTRICT NO. 3, OE' 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. 3, 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 boundary 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 Ordin- ances; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF ATHE TOWN OF WESTLAKE, TEXAS, THAT: Section 1. The matters and facts set out in the preamble 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 consent to the inclusion of certain land in proposed Denton County Municipal Utility District No. 3, 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 All prior Ordinances or Resolutions of the Town of Westlake, Texas, in conflict herewith are hereby repealed, revoked, rescinded and of no further force and effect.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 C!?(O day of „ A.D., 1979, and shall take effect immediately upon its passage and approval by the Mayor. PASSED THIS day of _ A.D., 1979. APPROVED THIS day of A.D., 1979. MAYOR of the Town of Westlake, T E X A S APPROVED: „r TOWN ATTORNEY (SEAL) EXIIIBIT "Aa DENTON COUNTY MUNICIPAL UTILITY DISTRICT NUMBER THREE Boundary description for a tract of land out of the M. MEDLIN, AB. -832; J. R. MICHAEL, AB. -821 and J. HENRY, AB. -528, SURVEYS, 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: BEGINNING at a point within said J. Henry Survey, said point being the Northeast corner of Tract "A", Trophy Club, Section Six, as recorded at Volume 14, Page 26, within the Plat Records of Denton County, Texas; THENCE, with the North line of said Section Six, West 857-8/10 feet, South 48 degrees 54 minutes West 178-1/10 feet, South 70 degrees 41 minutes West 213-05/100 feet to the Northwest corner of Lot 565, said Section Six and South 1 degree 34 minutes West 71-6/10 feet to a point; TIIENCE, departing said Section Six and following contiguous to a previously defined Municipal Utility District Number One, South 66 degrees 33 minutes West 161-2/10 feet, North 36 degrees 39 minutes West 684-2/10 feet, South 84 degrees 37 minutes West, crossing the line common to said henry and Michael Surveys at some 945 feet, in a11, 2042-6/10 feet and North 77 degrees 22 minutes West 700-0/1.0 feet, North 36 degrees 03 minutes West 223-65/100 feet, North 2 degrees 24 minutes West, crossing the line common to said Michael and Medlin Surveys at some 1,675 feet, in all, 2237-75/100 feet and North 18 degrees 36 minutes East 730-0/10 feet and North 25 degrees 45 minutes West 1003-3/10 feet to a point; THENCE, departing said original M.U.D. No. 1 boundary, South 70 degrees 35 minutes West 328-6/10 feet to the West corner of a Sewage Treatment Plant Site, said point being in the monumented East line of the Lake Grapevine property owned by the United States of America; TIIENCE, with said monumented U.S.A. property line, North 18 degrees 05 minutes West 119-7/1.0 feet, North 29 degrees 10 Page 1. of 2 went, 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 $5,300,000. 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 day of , 1979. GIBRALTAR SAVINGS ASSOCIATION By Vice President ATTEST: Assistant Secretary (SEAL) 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. V. 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- PETITION FOR CONSENT TO THE CREATION OF A MUNICIPAL UTILITY DISTRICT THE STATE OF TEXAS § § COUNTY OF DENTON S TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: The undersigned (herein the "Petitioner"), being the holder 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: 10 The name of the proposed District shall be Denton County Municipal Utility District No. 3, 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 467.80 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 Page 2 of 2 minutes East 556-4/10 feet, North 89 degrees 33 minutes 30 seconds East 1748-5/1.0 feet, South 10 degrees 12 minutes East 1203-1/10 feet, North 28 degrees 59 minutes East 1362-2/10 feet, North 89 degrees 30 minutes East 625-9/10 feet, South 1 degree 03 minutes East 493-95/100 feet, North 88 degrees 57 minutes East 324-6/10 feet, North 11 degrees 45 minutes East 501-5/10 feet, North 89 degrees 07 minut=es East 289-3/10 feet, North 89 degrees 38 minutes 30 seconds East 362-8/10 feet and North 89 degrees 17 minutes East 606-3/10 feet to a point in the West line of a Public Road; THENCE, with the West line of said Public Road, South 0 degrees 09 minutes East 55-35/100 feet to a point for corner, on a U.S.A. property line; THENCE, with said U.S.A. property line, South 56 degrees 48 minutes West 582-8/10 feet, South 0 degrees 01 minute East 150-0/10 feet, South 30 degrees 02 minutes 30 'seconds West 284-45/100 feet, South 0 degrees 04 minutes West 586-0/10 feet and South 89 degrees 35 minutes 30 seconds East 657-7/10 feet to a point in the centerline of a Public Road and the East line of aforesaid M. Medlin Survey; THENCE, with said Road centerline and East Survey line South 0 degrees 08 minutes 30 seconds East, passing the East corner common to said Medlin and Henry Surveys at 1346-9/10 feet, and continuing in all, 2737-1./10 feet to a point; THENCE, departing said centerline, South 0 degrees 16 minutes 14 seconds West 634-9/10 feet to the point of beginning, contain- ing a gross area of some 468-8/10 acres of land. Save and Except that certain 1-0/10 acre tract of land out of the J. R. MICIIAEL SURVEY, AB. -821, Denton County, Texas, as conveyed to James A. Venable, et ux by 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 North 89 degrees 53 minutes 30 seconds West 102-0/10 feet and South 0 degrees 31 minutes 30 seconds West 1.170-8/10 feet from the approximate Northeast corner of said Michael Survey, said point being the Northeast corner of the herein described tract; THENCE South 0 degrees 31. minutes 30 seconds West 209-0/.10 feet, North 89 degrees 51 minutes 30 seconds West 209-0/10 feet, North 0 degrees 31 minutes 30 seconds East 209-0/10 feet and South 89 degrees 51. minutes 30 seconds East 209-0/10 feet to the point of beginning. With the exclusion of the above described tract, the net area within M.U.D. Number Three is some 467-8/10 acres of land. EXHIBIT "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 interests in or parts of such systems or facilities, and to make 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 in 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, and none of such bonds, other than refunding bonds, shall be sold for less than 950 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 bonds, 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. 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 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 Distract 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 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 data to the appropriate official of the Town of Westlake. 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 other- wise complied with the applicable rules and regulations of the Town of Westlake.