HomeMy WebLinkAboutOrd 60 Granting a Petition for the inclusion of certain land in Denton County Municipal Utlity District 5ORDINANCE NO, 60
AN ORDINANCE GRANTING A PETITION FOR THE INCLUSION
OF CERTAIN LAND IN
DENTON COUNTY MUNICIPAL 'UTILITY DISTRICT N0, 5:
WHEREAS, a petition requesting the Town of Westlake's
consent that certain land be included in Denton County
Municipal Utility District No. 5 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 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 fecund and declared
to be true and correct.
Section 20 That this meeting was called and notice
given thereof in accordance with l.aw.
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 District No. 50
Such petition is hereby granted, subject to the terms
and conditions set forth therein.
Section 4. This ordinance shall be passed on this
4VI
the �L_��day ofAD. 1973, and shall
.
take effect immediately upon its passage and approval by
the Mayor,
PASSED this day of A.D. 1973.
APPROVED this --'day of VL�--W 1973.
Mal -N
rdr of the Town of Westlak
APPROVED.
own Attorney
PETITION FOR CONSENT TO THE CREATION
OF' A M'UN'I'C'I?'A'L 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 "Petitioner9°) 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:
Id
The name of the proposed District shall be DENTON COUNTY
MUNICIPAL UTILITY DISTRICT NO. 5.
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 District shall contain an area of approximately
440.10 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 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.
no
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 systema 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.
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 $5,281,000.
WHEREFORE, the Petitioner respectfully prays that this
petition be heard and that your Honorable Body duly pass
and approve an ordinance or resolution granting the consent
to the creation of the District and authorizing the inclusion
of the land described herein within the District.
RESPECTFULLY SUBMITTED, this �_ day of
1973.
JOHNSON-LOGGINS, INC.
B c z
C
President (V
ATTEST:
Secretary
(SEAL)
Page 2 of 3 pages
S 490 02' W 229-55/100 feet, -
S 340 35' W 463-8/10 feet;
S 90 59' W 491-8/10 feet;
S 390 54' W 599-25/100 feet;
N 860 30' W 247-75/100 feet;
S 140 50' E 756-5/10 feet;
N 79* 17' W 1581-8/1.0 feet;
S 680 23' W 380--9/10 feet;
S 010 10' W 341-7/10 feet to U.S.A. monument No. E-114;
THENCE departing the U.S.A. property line N 850 00' W
325-0/10 feet to a point;
THENCE S 45® 00' W 215-0/10 feet to a point;
THENCE N 170
18' W 537-7/10 feet to a paint;
THENCE N 460 30' w 140o -o/10 feet to a point;
THENCE N 280 00' E 500-0/10 feet to a point;
THENCE N 760 0o' E 630-0/10 feet to a point;
THENCE N 190 00' E 290.0/10 feet to a point;
THENCE N 410 00' W 500-0/10 feet to a point;
THENCE N 360 00' E 1350-0/10 feet to a point;
THENCE N 210 00' E 425-0/10 feet to a point in the center of
Marshall Creek Road and the North line of the W. Medlin Survey,
Abstract No. 829;
THENCE with the center of Marshall Creek Road, and the North
line of said Til. Medlin Survey, passing its Northeast corner
and continuing with the North line of the R. W. Allen Survey,
Abstract No, 59 N 890 45' 30" E 820-0/10 feet to a point;
THENCE N 580 50' E 697-0/10 feet to a point;
THENCE North 630-0/10 feet to U.S.A. Monument No. E-6;
THENCE with the U.S.A. property line N 320 45' E 505-1/10 feet;
N 820 33' E 1179-8/10 feet;
N 640 28' E 949-8/10 feet;
EXHIBIT 'A'
DENTON COUNTY MUNICIPAL DISTRICT NUMBER 5
All that certain tract of land in the T. J. Allen, Abstract 8,
T. J. Allen$ Abstract 7, R.. Allen, Abstract 17, R. W. Allen,
Abstract 5. J. R. Michael, Abstract 820, and the W. Medlin,
Abstract 829, Surveys in Denton County, Texas, being more
particularly described by metes and bounds as follows:
BEGINNING at Unites States Government Monument No. E-10,
in the East line of said T. J. Allen Survey, Abstract 89 Denton
County, Texas, at its intersection with the South line of the
United States property;
THENCE with the East line of said T. J. Allen Survey S 00 38'
W, passing its Southeast corner, in all 934-1/10 feet to a
point;
THENCE S 810 471 E .129-9/10 feet to a point;
THENCE S 810 49' E 77-7/10 feet to a paint at the Northwest
corner of a Public Read;
THENCE with the West line of said road S 20 32' w 613-3/10
feet to a point;
THENCE crossing said road and continuing with a North line of
same, S 860 31' E 184-7/10 AND N 89" 51' E 8-1/10 feet to a
point;
THENCE S 01 29' E with the East lane of a Public Road 1924-0/10
feet to a paint in the center of Marshall Creek Road and the
South line of the T. J. Allen Survey, Abstract 7;
THENCE with the center of Marshall Greek Road and the South
line of said T. J. Allen Survey, Abstract 70 S 890 45' 30" W
174.4-7/10 feet to a point for the Northeast corner of the R. W.
Allen Survey, Abstract 5;
THENCE with the East line of said R. W. Allen Survey, Abstract 5,
S 00 05' E 594-45/100 feet AND S 00 07' 30" W 1125-3/10 feet
to U.S.A. Monument No. E--123;
THENCE departing said survey line with the U.S.A. property line;
Page 1 of 3 pages
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
all 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 appurtenances,
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
Page 3 of 3 pages
N 210 50° 30" E 1670--1/10 feet to the place of beginning,
containing in all some 440-1/10 acres of land.
SEMPCO, INC.
14
9
7st 1, 1973
(Compiled from records.)
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.