HomeMy WebLinkAboutOrd 85 Granting a petition for inclusion of certain land in Denton County Municipal Utlity District 4ORDINANCE NO. 85
AN ORDINANCE GRANTING A PETITION FOR THE INCLUSION
OF CERTAIN LAND IN
DENTON COUNTY MUNCIPAL UTILITY DISTRICT NO. 4
WHEREAS, a petition requesting the Town of Westlake's
consent that certain land be included in Denton County Muni-
cipal Utility District No. 1 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 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
11 hereof is a petition requesting the Town of Westlake's con-
sent that certain land be included in Denton County Municipal
Utility District 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
L`` day
f day of A.D., 1974, and shall take effect
immediately upon its passage and approval by the Mayor.
PASSED THIS fr day of �_, A.D. 1974.
APPROVED THIS day ofA.D. 1974.
APPROVED:
dy" f l'l� .✓ J '
TOWN ATTORNEY
SEAL
MAYOR of the Town of Westlake
,41410 7r;1
Page 2
I, WANDA G. WHITE, Town Secretary of the Town of Westlake,
Texas, do hereby certify that the within and foregoing is a true
and correct copy of Ordinance No. passed by the Town's
7Qa P f'q
Board of Aldermen and approved by the Mayo of said Town on the
day of 1974, as the, same appears
in the records in my office.
WITNESS MY HAND and the Seal of said Town this ! �/ e-7 day
of t, 1974.
WANDA G. WH rE, Town Secretary
of the Town of Westlake, Texas
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:
The name of the proposed District shall be DENTON COUNTY
MUNICIPAL UTILITY DISTRICT NO. 4.
H.
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 469.63
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 incor-
porated city, town or village and no part of the District is within the
extraterritorial 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
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. The area lies wholly within the Extraterritorial Jurisdiction
of Westlake, Texas.
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, acquisition, maintenance and operation
of a waterworks and sanitary sewer system for domestic, industrial and
commercial purposes, and the construction, acquisition, maintenance and
Page 2
operation of a drainage system to gather, conduct, divert, and control local
storm water or other local harmful excesses of water in the District.
M
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 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 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 and drainage system.
A public necessity therefore exists for the organization of such District, to
provide for the purchase, construction, extension, improvement, mainten-
ance 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 afore-
said District under the conditions set forth in Exhibit "B", which
is attached hereto and incorporated herein for all purposes,
Page 3
until such time as said conditions may be changed by ordinance or resolu-
tion, either specific or general.
0
VIII.
A preliminary investigation has been instituted to determine the cost
of the project, and it is now estimated by the Petitioner, from such infor-
mation as it has at this time, that the ultimate cost of the development contem-
plated will be approximately $6, 110, 000.
WHEREFORE, the Petitioner respectfully prays that this petition be heard
and that your Honorable Body duly pass and approve an ordinance or resolu-
tion granting the consent to the creation of the District and authorizing the
inclusion of the land described herein within the District.
RESPECTFULLY SUBMITTED, this /2 day of t $ 1974.
V
TROPHY CLUB ESTATES
By Johnson -Log gins, Inc. Partner
By.
Vice Pr si
ATTEST:
_Z`r-sr�nnrr`"rF;
Assistant Secretary
(SEAL)
E X H I B I T 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 950 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 (2o) above the highest average interest rate re-
ported by the Daily Bond Buyer in its weekly "20 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
or 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.
(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 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,
Exhibit "B"
Page 2
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.
(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 otherwise complied with
the rules and regulations of the Town of Westlake.
June 19, 1974
EXHIBIT '
DENTON COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 4
certainAll that of land out of the M, Medlin,
832, John R. Mitchell (J. R. Abstract
J. Henry, Abstract i o being
more particularly described by metes and bounds as follows:
BEGINNING at a point in a fence, and the East line of said
J. Henry Surveyq Abstract 3 at a pointwhich bears 01
17' 30" E 375-0/10 feet from the Southeast corner of that
certain tract conveyed o R. J. Cyphers, et by
deed recorded in Volume 410v Page 5259 Deed Records of Denton
Countyt Texas;
THENCE departing said East line, S 66® 33' W 1464-93/100 feet
to a points
N 36® 39' W 684-2/10 feet to a points
S 84° 37' W crossing the line common to said J. Henry, and
John R. Witchell Surveys, 2042-6/10 feet to a point;
N 770 22' W 700-0/10 feet to a point;
N 360 03' W 223-65/100 feet to a pointy
N 20 24' W 2237-75/100 feet to a point;
N 18' 36' E 730-0/10 feet to a point;
N �5e 45' W 669-5/10 feet to a point;
S b5a 30' W 375-0/10 feet to a point, on the U.S.A. property
line;
THENCE with said U.S.A. property line, N 180 05' 13" W
485-8/10 feet to monument E-101;
N 29® 10' E 556-4/lo feet to a monument;
N 89® 33' 30" E 1748-5/10 feet to a monument;
S 100 12' E 1203-1/10 feet to a monument;
Page 1 of 3 pages
Page 2 of 3 pages
M.U.D. #4
,lune 19, 1974
N 280 59' E 1362®4/10 feet to a point;
N 890 29' 30" E 626-0/10 feet to a broken monuments
S 010 04' E 493-95/100 feet to a monument;
N 880 57' E 324-6/lo feet to a broken monument;
N 110 45' E 501®5/10 feet to an iron rod;
N 890 07' E 289®3/10 feet to an iron rod;
N 890 38' 30" E 362-8/10 feet to an iron rod;
N 890 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
5535/100 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 to a broken monument;
S 000 01' E 150-0/100 feet to a broken monument;
S 300 02' 30" W 284-45/100 feet to an iron rods
S 00 04' 'W 586-0/10 feet to an iron rod;
S 890 35, 30" E 657-75/100 feet to a point in the centerline
of a Public Road, and the East line of aforesaid M. Medlin
Surrey;
THENCE with + centerline and the East line of said
and J. Henry Surveys, S 011 08' 50" E 2737-0/10 feet to a point;
THENCE departing said road S 0' 17' i 375-0/10 feet
rlace of beginninge containing some 470-63/100 acres of land.
SAME AND EXCEPT THE FOLLOWING:
All that certain loto tract or parcel of land in r John R.
beingMitchell Surveyq Abstract 8210 (J.R. Michael)# Denton County
that certain tract conveyed to James A. Venable
and wife Paula Venable in a deed recorded in Volume 397, Pag
548, Deed Records of Denton County, Texas, and being more
particularly described by metesbounds as follows:
BEGINNING at a point in the East line of that certain property
conveyed to Hazel 1. Gray by deeds recorded in Volume 352,
Page 538, and Volume 354, Page 256, Deed Records of Denton
County, Texas, in the North line of Medlin Road, 20-0/10 feet
from its center;
A •.
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 31' 30" E 209-0/10 feet to a point for the Northwest
corner of the Venable tracts
THENCE S 89® 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 209-0/20 feet to the place of beginning, containing in all
some 1-0/20 acres of land®
SEMPCO, INC®
June 19® 1974
1467
(Compiled from records.)
M.U.D. #,f4