HomeMy WebLinkAboutOrd 59 Granting a Petition for the inclusion of certain land in Denton County Municipal Utlity District 4ORDINANCE NO. 59
AN ORDINANCE GRANTING A PETITION FOR THE INCLUSION
OF CERTAIN LAND IN
DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 4;
WHEREAS, a petition requesting the Town of Westlake's
consent that certain land be included in Denton County
Municipal Utility District No. 4 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 gown of Westlake, Texas; and
WHEREAS, the granting of said petition will result in
providing more 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
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 20 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 con-
sent that certain :land be included in Denton County Municipal
Utility Distract No. 4.
Such petition is hereby granted, subject to the terms
and conditions set forth therein.
Section 4. This ordinance shall be passed on this
the t2 day of Li � c..c � , A.D. 1973, and shall
take effect immediately upon its passage and approval by
the Mayor.
PASSED this
APPROVED this
APPROVED:
Town Attorney
r�day of A.D. 1973.
/ - day of A.D. 1973
PETITION FOR CONSENT TO THE CREATION
OF A MUNICIPAL UTILITY DISTRICT
THE STATE OF TEXAS §
COUNTY OF DENTON §
TO THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF THE
TOWN OF WESTLAKE, TEXAS:
The undersigned (herein the "Petitioner") holder of
title to land within the territory hereinafter described
by metes and bounds and being the owner of a majority in
value of the lands therein as indicated by the tax rolls of
Denton County, 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 creation of a municipal
utility district and would respectfully show the following:
Ie
The name of the proposed District shall be DENTON COUNTY
MUNICIPAL 'UTILITY DISTRICT NO, 40
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,
Water Code of Texas.
The Distract shall contain an area of approximately
368.83 acres of land, more or less, situated wholly in
Denton County, Texas. All of the area within the District
is within the corporate limits of the Town of Westlake. All
of the territory proposed to be included may properly be
included in the Districtd 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 purposeso
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 Dis-
trict at the present time is the construction, acquisition,
maintenance and operation of a waterworks and sanitary sewer
system for domestic, industrial 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 as a residential subdivision,
an adequate waterworks and sanitary sewer system nor an
adequate drainage systema The health and welfare of the
present and future inhabitants of the area and of territories
adjacent thereto require the construction, acquisition, main-
tenance 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 pur-
chase, construction, extension, improvement, maintenance and
operation of such waterworks and sanitary 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.
VIZ.
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 $4,426,000.
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
to the creation of the District and authorizing the inclusion
of the land described herein within the District.
RESPECTFULLY SUBMITTED, this r 11d day of ,
1973°
JOHNSON-LOGGiNS, INC.
President V61
ATTEST
>secretary
(SEAL)
EXHIBIT 'A'
DENTON COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 4
All that certain tract of land out of the M. Medlin, Abstract
832, J. Henry, Abstract 528, and John R. Mitchell (J.R. Michael),
Abstract 821, Surveys, Denton County, Texas, being more particularly
described by metes and bounds as follows:
BEGINNING at a point in the centerline of a public road, and
the East line of the said J. Henry Survey at a point which bears
S 00 08' 30" E 305-1/10 feet from the Northeast corner of said
J. Henry Survey;
THENCE departing said public road and East line of said survey,
S 890 43' W 619-4/10 feet to a point for corner;
THENCE S 460 38' 30" W 1000-0/10 feet to a point for corner;
THENCE S 270 08' 30" W 440-0/10 feet to a point for corner
in the centerline of Medlin Road;
THENCE with the said centerline of Medlin Road, N 890 51' 30" W
2143-1/10 feet to a point in said Medlin Road;
THENCE continuing with said centerline, North 76° 52' 55" W
588-25/100 feet to a point for corner;
THENCE N 00 17' E 22-1/10 feet to a point for corner, in the
North line of Medlin Road;
THENCE with the North lane of said Medlin Road, N 760 52' 55" W
435-0/10 feet to a point for corner,
THENCE departing said North line of Medlin Road, N 030 29' 35'
E 792-6/10 feet to a point for corner;
THENCE N 060 30' W 1020-0/10 feet to a point for corner;
THENCE N 400 00' W 410-0/10 feet to a point for corner in a
South line of the U.S.A. property, at Monument No. E-103;
THENCE with said U.S.A. property linea
N 190 30' E 250-25/100 feet;
N 180 05' 13" W 1000-8/10 feet;
Page 1 of 4 pages
Page 2 of 4 pages
N 290 10' E 556-4/1.0 feet;
N 890 33' 30" E 1748-5/10 feet;
S 100 121 E 1203-1/10 feet;
N 28" 594 E 1362-4/l0 feet;
N 8910 29' 30" E 626-0/10 feet;
s 010 049 E 493-95/100 feet;
N 88® 57' E 324-6/10 feet;
N 110 45# E 501-5/10 feet;
N 890 07' E 289-3/10 feet;
IN 890 38' 30" F, 362-8/10 feet;
N 89® 17' E 606-4/10 feet to a point in the West line of a
public road;
THENCE with the West line of said public road, S 00 09* E
55-351100 feet to a point for corner, on a U.S.A. property line;
THENCE with said U.S.A. property line:
S 560 48' W 582-7/10 feet;
S 000 01' E 150-011- feet; and
S 880 041 r� 487-8/10 feet to a point in the West line of said
public road;
THENCE with said West line of a public road S 00 09' E 820-3/10
feet to a point for corner;
THENCE S 890 35@ 30" E 25-0/10 feet to a point in the centerline
of a public road, and the East line of aforesaid M. Medlin Survey;
THENCE with the said centerline, and East line of said M. Medlin
and J. Henry Surveys, S 00 08' 50" E 1652-0/10 feet to the place
of beginning, containing in all some 401-99/100 acres of land,
SAVE AND EXCEPT THE, FOLLOWING:
TRACT ONE
All that certain lot, tract or parcel of land out of the John R.
Mitchell (J.R. Michael), Abstract 821, and the M. Medlin, Abstract
832, Surveys, Denton County, Texas, being all of that certain
tract conveyed to H. J. Gray in Volume 568, Page 119v Deed Records,
Denton County, Texas, a portion of that certain 33.455 acre tract
conveyed to Jimmie M, Messina and Joe Messina in Volume 604, Page
677, Deed Records, Denton County, Texas, and a portion of that
Page 3 of 4 pages
certain tract conveyed to Robert L. Roberts in Volume 564,
Page 729 Deed Records, Denton County, Texas and being more
particularly described by metes and bounds as follows:
BEGINNING at a point in the centerline of Medlin Road., at the
Southeast corner sof said Roberts tract, as described in Volume 564,
Page 729 Deed Records, menton County, Texas;
THENCE N 00 14' 30" E 1150--4/10 feet to a point for corners
THENCE S 880 02' 42" w 406-85/100 feet to a, point for corner in
said Roberts West lines
THENCE N 0° 00' 30 W 745-5/10 feet to a point for corner;
THENCE S 890 23' E 559-71/100 feet to a paint for corner;
THENCE N 00 30' E 388-94/100 feet to a point in said Messina's
North line;
THENCE S 890 4,9® E 300-0/10 feet to a. point for corners
THENCE S 00 17' 27°" W 903-79/100 feet to a point for corner;
THENCE N 89° 53' 30" W 300-0/10 feet to a point for corner in
the East line of a 30 foot public road;
THENCE S 00 44' W 1ol5-4/10 feet to a point for corner, the
Northwest corner of said Gray tract;
THENCE S 890 51' 30" E 120-0/10 feet to a paint for corner;
THENCE S 00 44' W 383-8/10 feet to a point for corner in the
centerline of Medlin Road;
THENCE with said centerline N 890 51' 30" W 92-5/10 feet to a
point for corner;
THENCE continuing with said centerline, N 760 52' 55" W 17o-45/100
feet to the place of beginning, and containing in all, some
20-56/100 acres of land,
TRACT TWO
All that certain lot, tract or parcel of land out of the M. Medlin
Survey, Abstract 8320 Denton County, Texas, being a portion of
that certain tract conveyed to Larry W. Carr and wife in Volume
662, Page 604, Deed records, Denton County, Texas and being
more particularly described by metes and bounds as follows:
BEGINNING at a point in the West line of a. public road, and
25-0/10 feet West of the East line of said M. Medlin Survey,
at a point which bears N 01 08' 50" W 1346-9/10 .feet, and N 89°
35' 30"W 25-0/10 feet from the Southeast corner of said Medlin
Survey;
Page 4 of 4 pages
THENCE N 89® 3$' 30" W 632-8/10 feet to a point for corners
THENCE North 586-0/10 feet to a point for corner;
THENCE N 30® 028 30" E 284-45/100 feet to a point for corner;
THENCE S 880 04' E 487-8/10 feet to a point for corner in
said West line of a public road;
THENCE with said West line, S 00 09' E 820-3/110 feet to the place
of beginning, and containing some 11-598/1000 acres of land,
TRACT THREE
All that certain lot, tract or parcel of land in the John R.
Mitchell Survey, Abstract 821, (J,R, Michael), Denton County,
Texas, being that certain tract conveyed to James A. Venable
and wife Paula Venable in 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 in the East line of that certain property
conveyed to Hazel I. Gray by deeds recorded in Volume 3529
Page 538, and Volume 3549 Page 256, Deed Records of Denton
Countyq Texas, in the North line of Medlin Road, 20-0/10 feet
from its center;
THENCE along the North line of Medlin Road 20 feet from and
parallel with its center, N 890 51' 30" W 209-0/10 feet to a
point for the Southwest corner of the tract herein described;
THENCE N 00 311 30" E 209-0/10 feet to a. point for the Northwest
corner of the Venable tract;
THENCE S 890 51' 30" E 209-0/10 feet to a point in the East
line of the Hazel I. Gray tract for the Northeast corner of the
Venable -tract-,
THENCE with the East line of the Hazel I. Gray tract S 00 31' 30"
W 209-0/10 feet to the place of beginning, containing in all
1-002/1000 acres of land, more or less, including approximately
0-02/100 acre in a utility easement.
Leaving a net area of some 368-83/100 acres of land.
SEMPCO, INC.
August lt 1973
1467
(Compiled from records.)
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
parts of such systems or facilities, and to make any and
a-11 necessary purchases, constructions, improvements, ex-
tensions, additions and repairs thereto, and to purchase
or acquire all necessary land, rights-of-way easements,
sites, equipment, buildings, plants, structures and facili-
ties 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 discount or premium as well as the
interest rate borne by such bonds, shall not exceed two
percent (2%) above the highest average interest rate re --
ported by the Daily Bond Buyer in its weekly 1120 Bond Index"
during the one-month period preceding 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 provi-
sion 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. No land will be added or
annexed to the District until the Town. of Westlake has
given its written consent by resolution of the Board of
Aldermen to such addition or annexation.
(b) The District, its directors, officers, or the
developers and landowners shall submit to the appropriate
official of the Town of Westlake before the commencement
of any construction within the District all plans and
specifications for the construction of water, sanitary sewer
and drainage facilities to serve such District and obtain
the approval of such plans and specifications. Such plans
and specifications will, to the extent economically feasible,
provide for the future development of the areas adjacent to
the District. The construction of such facilities shall be in
accordance with the approved plans and specifications. All water
wells, water meters, flush valves, valves, pipes and app
and all water service lines and sewer service lines, lift
stations, sewer treatment facilities, and appurtenances
thereto, installed or used within the District shall comply
with the Town of Westlake's Building Code. Prior to the
construction of such facilities within the District, the
District, or its engineer, shall give written notice by
registered or certified mail to the appropriate official
of the Town of Westlake, stating the date that such con-
struction will be commenced. During the progress of the
construction and installation of such facilities, such
official may make periodic on -the -ground inspections.
(c) 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 provi-
sions 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.
(d) 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 obtained the approval of the appropriate
official of the Town of Westlake to a plat which has been
duly recorded in the Map and Plat Records of Denton County,
Texas, and has otherwise complied with the rules and regu-
lations of the Town of Westlake.
(e) The District shall comply with the subdivision
ordinance, building codes, fee schedules, zoning ordinance
and other rules and regulations of the Town of Westlake.