HomeMy WebLinkAboutOrd 97 Amending an Agreement with Denton County Municipal Utlity District 1Ordinance 97
AN ORDINANCE AMENDING ORDINANCE NO. 88
AND AUTHORIZING THE AMENDMENT OF THE
TOWN OF WESTLAKE'S AGREEMENT WITH
DENTON COUNTY MUNICIPAL UTILITY DISTRICT
NO. 1
WHEREAS, by Ordinance No. 88, the Town of Westlake
consented to the inclusion of certain land in Denton County
Municipal Utility District No. 1 subject to the terms and
conditions set forth in Exhibit "B" attached to said petition;
and
WHEREAS, it has been determined that certain conditions
contained therein concerning the sale of bonds by the District
will impair the District's ability to issue its bonds; and.
WHEREAS, the amendment of certain terms and conditions
contained in Ordinance No. 88 and in the District's agreement
with the Town of Westlake will benefit both the District and
the Town of Westlake by allowing the orderly development of
the'land included in said District to continue and thus
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. That the terms and conditions set forth
both in Ordinance No. 88 and in the District's agreement
with the Town of Westlake are hereby amended, and the new
terms and conditions to be substituted therefor are set
forth in Exhibit "A" attached hereto.
Section 4. That this Ordinance shall be passed on this
the / day of %.,. ,A.D. , 1976, and shall take
effect immediately upon its passage and approval by the
Mayor.
PASSED this 3l �
APPROVED this 545
day of%L�Crd
A.D., 1976.
day of ,;,Ca',o+.ec,*e , A.D. , 1976.
A OR of the Town of Westlake
OVED :
Town Attorney
EXHIBIT "A"
(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, exten-
sions, additions and repairs thereto, and to purchase or
acquire.a.11 necessary land, rights--of--way easements, sites,
equipment, buildings, plants, structures and facilities there-
for, and to operate and maintain same, and to sell water, sani-
tary 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) an-
niversary of the date of issuance without premium., and shall
only be sold after the taking of public bids therefor. 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 drain-
age system to the payment of the District's bonds will ter-
minate 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 un-
der 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 provisions 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 Wa-
ter Quality Board. The District will agree that representa-
tives of the Town of Westlake may supervise the continued
operations of the sewage treatment facility by making peri-
odic 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 Dis-
trict 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 ha -,s been duly recorded in the map and
plat records of Denton County, Texas, and has otherwise com-
plied with the rules and regulations of the Town of Westlake.
Town Secretary of the
Town of Westlake, Te3(as, do certify that the within and
foregoing is a true and correct copy of Ordinance No.
passed by the Board of Aldermen and approved by the Mayor of
said Town on theday of 6, as the same
Z-' 197
appears in the records of my office.
WITNESS MY HAND AND SEAL of the said Town this
day of 1976.
Town Secretary of the Town of
Westlake
THE STATE OF TEXAS
COUNTY OF DENTON
WHEREAS, on the 24th day of April, 1975, the Board of
Directors of Denton County Municipal Utility District No. 1
authorized an agreement with'the Town of Westlake; and
WHEREAS,.the Board of Directors of the District and the
Board of Aldermen of the Town of Westlake desire to amend
said agreement;
NOW THEREFORE, the. District hereby expressly covenants
and agrees to abide by the terms and conditions set forth in
Exhibit "A" which is attached hereto and incorporated herein
for all purposes, such terms and conditions to supercede
those contained in the April 24, 1975, Agreement and Ordinance
No. 88 of the Town of Westlake, Texas.
WITNESS OUR HANDS this 29th day of March, 1976.
DENTON COUNTY MUNICIPAL UTILITY
DIST$1-CT NO. 'il
Pz'esident ,I Board of Directors
De ton County Municipal Utility
District No. 1
ATTEST:
Secretary, Board of Directors
Denton County Municipal Utility
District No. 1
(SEAL)
APPROVED and ACCEPTED. BY THE TOWN
OF WESTLAKE, TEXAS
By
'74ayor
ATTEST:
By
Tit771ce „I�
(SEAL)
EXHIBIT "A"
(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, exten-
sions, additions and repairs thereto, and to purchase or
acquire all necessary 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. The resolution authorizing the issuance of
the District's bonds will contain a provision that the
pledge of the x°evenues 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 provisions 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.
(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 Dis-
trict 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 com-
plied with the rules and regulations of the Town of Westlake.