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OR 222 Municipal Utility District No. 2 ORDINANCE NO. 222 ORDINANCE OF CITY OF COPPELL, TEXAS GIVING CONSENT TO CREATION OF A MUNICIPAL UTILITY DISTRICT WITHIN THE CITY LIMITS THE CITY OF COPPELL WHEREAS, Section 54.016, Vernon's Texas Water Code, provides that land within the corporate limits of a city may not be included within a municipal utility district without the written consent of such city; and WHEREAS, the City Council of the City of Coppell hereby affirmatively finds and determines that there exists within the incorporated limits of the City of Coppell, Dallas County, Texas, an area wherein it is desired that a municipal utility district be created; and, WHEREAS, it is now contemplated that such municipal utility district be organized under the authority of Article XVI, Section 59, Texas Constitution, in accordance with and having all the powers provided by Chapter 54, Title 4, Texas Water Code; and, WHEREAS, it is tentatively proposed that said political subdivision shall be known as Coppell Municipal Utility Dis- trict No. 2 of Dallas County, Texas; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: 1. That all of the matters and facts set out in the preamble hereof are true and correct. 2. That upon the terms and conditions set out in Exhibit A the City Council of the City of Coppell, Texas, hereby specifically gives its written consent, as provided by Section 54.016, Texas Water Code, to the creation of a municipal utility district within the corporate limits of the City of Coppell. Said municipal utility district shall be creaked by authority of Article XVI, Sectien 59, Texas Constitution, and in accordance with the provisions of Chapter 54, Texas Water Code. The municipal utility district shall be called Coppell Municipal Utility District No. 2, the boundaries of such District being described by metes and bounds in Exhibit "B" attached hereto and made a part hereof for all purposes. PASSED and APPROVED this/Y' day of 1~980. or, City o t ~Texas ATTEST: C (SEAL) -2- EXHIFJIT A TO ORDINANCE NO. The City of Coppell, Texas, consents to the inclusion of land within the corporate limits in Coppell Municipal Utility District No. 2 and consents to the creation of said District subject to compliance with the following terms and conditions: 1. The District shall submit all plans and specifications for the construction of public facilities by the District to the City for its review and approval, and the District must obtain the written approval thereof by the City prior to the submission of the approval of any bond application to the Texas Water Commission. (Such approval shall appear as a notation on the plans and specifications). The construction of said approved improvements must be in accordance with the approved plans and specifications and applicable standards of the City, and no change orders therein shall be effective without the prior written approval of the City. During construction, designated representatives of the City may make periodic on-the-ground inspections. Upon completion of the construction of improvements, the City shall be furnished "as-built" plans of all improvements. The City shall be reimbursed for all costs reasonably incurred in reviewing add approving of the Districts plans and specifications and in the making of the periodic inspections. 2. The District must obtain appropriate easements, sites and right-of-way for facilities to be constructed, and said easements, sites and right-of-way shall be in accordance with standard City requirements therefor; and construction therein must be in accordance with the appropriate City rules, regulations and standards. 3. Bonds may be issued only after written approval of the projects to be constructed with said bond proceeds has been officially granted by the City. Bonds shall be sold only after the taking of public bids therefor and bids therefor pursuant to public notice duly given as provided in Section 54.5121, Texas Water Code. Professional fees paid by the District shall be consistent with fees approved for payment by Municipal Utility Districts by the Texas Water Commission, or its successor. 4. The proposed Temporary Board of Directors of the District shall be submitted to and approved by the City Council prior to their submission for the consideration of the Texas Water Commission or its successor. 5. A copy of the District'° ~x~ual audit of fiscal accounts prepared pursuant to Subchapter K, Chapter 50, Texas Water Code, shall be furnished to the City within thirty days after the receipt of the audit by the DistricE. 6. Upon the creation of the District, it is agreed that the District and the City shall enter into a contract whereby the City will provide for the proper maintenance of the District's facilities and provide any required operation thereof. In addition, the City will provide any necessary billings for services. Said contract shall provide for the designation of the City's official representative to be the General Manager of the District in order to properly and efficiently carry out the contractual duties to be performed by the City. It is expressly agreed and understood that the City will be reasonably compensated for the provision of all services and materials furnished to the District, including any professional services obtained by the City in order to properly perform its contractual duties. 7. The District shall agree that no Petition for Annexation shall be considered without the prior approval thereof by the City Council, whether the area to be annexed is within or without the corporate limits of the City of Coppell. 8. The City may acquire, at its option and election at any time, the facilities and assets of the District upon the assumption of all bonded indebtedness of the District. In no event shall the District base the value of its properties on any basis higher than its then outstanding indebtedness. 9. The District shall be created by the general laws of Texas applicable to Municipal Utility Districts including without limitation without limitation those conferred by Chapter 54, Title 4, Water Code, but if any provision of the general law is in conflict or inconsistent with the above terms and conditions, then such terms and conditions shall prevail unless expressly waived in writing. ~,ng a tract of land sitbated in the James Parfish S~rvey, Abstract ,. 1139 and the S.A. g 1-}.G.R.R. Survey, Abstract No. 14~2, -!lab County, Texas, am8 beinS part of a 142 acre tract and part of 61 acre tract as conveyed to Helen L. Johnson by deed as recorded ~ VolEme 2041, at Page 492 of the Deed Records oi Dallas.County, ~llas, Texas an~ bein? all of a 15.'62 acre tract as conveyed to H. ~ein by deed as recorded in vol~e 12232, Page 0859 oi the Deed cords of Dalla~ CoDurn, Texas and being part of a 60 acre tract as ,nx, ey~d to G. N. Cole by Laury B. Allen and being more p. articularl-y .3scribed as follows: ZGiNNING at a paint on the South lime of Sandy Lla};e Road, said point z!n9 on the Nest ]ine of the Helen L. johnson 142 acre tract, an rOD stake for corner; HENCE North 89 degrees, 20 minutes, 30 seconds, East, alone: the South ine ol Sandy Lake Road, ~. distance ol ~53.55 feet to the North'~,est ~rner of a 11.356 acre tract as conveFed to Herac~ D. ~ins~-'orth bN ecd as recorded in Volume 21216, az PaSo 09!7 of ~he Deed Records of alias Count},, Dallas, Texas, an iron Stake for corner; HENCE South f)0 decrees, 42 minutes, 50 seconds East, leaving Sandy Dad and proceeding alon9 Ains'Jorth tract a distance of !554.46 feet to n iron stake' for corner; HENCE North 89 depsee5, 1O minutes East, continuing along Ains~ozth facl a distance of {86.31 ieet to an iron stake fsr corner; HENCE North 00 deVrees, 42 minutes, 51 seconds Nejt, conrimminG along insx~orth tract a 6ist~nce of 1552.98 feet to E esint on zhe said euth line of Sandy bake Road, said point being the NortHeast corner f Aimsworth tract, an iron stake for corner; HENCE North 8P duoTeem, 28 minutes East alo;~s Par,all.' Lake R. oa6 a istance of 3!04.9% feet to the beginning of a cur':m to the ~i!n% having. central am~le ol 6 degrees, 56 minutes, 03 Eaten!s, and a radios n3~ 00 feet, an iron stake = HENCE r-~ 1" contin'0irlo along Sandy Lak~ Read and aroer}d ~ai6 curve f~ t distance of 125.14 ee %0 an iron stake los corner; EL~tE leaving said Sandy Lake Road, and proceedfur a!or~c t}}e property {me of a 0.2%8 acre tract as conv~,:e6 to Compel] ;h~micin. al U~ilzty istrict No. !, as recorded in Volu~,e 75222, }age i202 of the Deed Tceco2 as County, Texas the 5outh 00 degrees, 12 minutes, 46 seconds Weft, 305'.!3 North 89 degrees, ~7 minutes, !4 seconds West, !10.0C, iee~, aD i ran stake for corner: South 00 degrees, 12 minutes, 46 seconds ~{esn, i{0.t'0 feet, ~n ~zon [,take for corner; South [~P tiecream, al mir}utes, l~ seconds East, !80.00 feet to a poi}~% on the East line of the said 5.A. a S. nrvcy, an iron stake for corner; i-.KNCE Sot}th 00 c3cr>rees, 12 minutes, 46 5F, COn65 ~2~ft . a]c~,c s,a~d 61 cre tracz, a distance of 2502.05 feet to the Sought?art co, rues ci said acre t~?ct, an iron 5take for corner; EXHIBIT B Paae 1 of 3 THEI'.'CE North O0 degrees, 41 minutes, ]3 seconds West. leaving said South line ol 6! acre tract, a distance of 210.00 feet to an run stake for corner.; TBENCE South 8} degrees, 18 minutes,' 26 seconds ~.~est, a distance of 520.00 feet to an iron stake for corner; THENCE South 80 degrees, 41 minutes, !3 seconds East, a distance 210.00 feet to a point on the South line of said 142 acre ~ract, an iron stake for corner; TN%~'CE South 89 degrees, 18 minutes, 26 seconds Nest~ along the 5out} line of said 142 acre tract, a distance of !7{0.00 feet to an .iron stake for corner; THENCE North 00 de9rees, 12 minutes, 12 seconds v2est, along the ~'~est line of said ]~2 acre. tract, a distance of 879.80 feet, to an iron stake for corner; THENCE South B9 degrees, 33 minutes, 57 seconds V0est, along the South line of said 342 acre tract, a distance of 9~E.99 feet to the Southwet corner of said 142 acre tr. act, an iron stake for corner; THENCE North DO degrees, 36 minutes, {2 seconds V~est, along %he ~rest of said 142 acre tract, a distance of 2085.51 feet to the PLACE OF SEGINN1NG and containino 245.394 acre tract of land. EXHIBIT B Fage 2 of 3 2 Being a part of the JA~-IES PARRISK SURVEY, ABSTRACT NO. 1139, and being part or all of a tract as conveyed %o Norace D. AiDsworth, Jr., Trt~stee, by deed recorded in Volume 71216, Page 0917, of tile Deed Records of Dallas County, Texas, and being more particularly described by mates and bounds as follows: COHMENCING at a point on the present South line of Sandy Lake Road, a 60 foot right-of-way, said point being on the Nest line of the Baled L. ,johnson 142 acre tract as described in deed recorded in Volume 2041, Page 492 of the Deed Records of Dallas County, Texas, an iron rod found for corner; TtlENCE N 89° 20' 30" E 453.55 feet along the said present South line of Sandy Lake Road to tile Northwest corner of the 17. 356 acre tract conveyed to Horace D. AiDsworth, Jr., Trustee, by deed recorded in Volume 71216, PaGe 0917, of the Deed of Trust Records of said County, to the Point of Beginning an iron rod set for corner; THENCE S 0° 47' 50" E 1554.46 feet leaving Sandy Lake Road and pro- ccoding along the West line of said Ains~gorth tract to an iron rod set for corner; THENCE N 89° 10' E 486.31 feet along the South lina of the said Aj nsworth tract tO an iron rod found for corner at a fence corner post; THENCE N 0° 47' 57" W 1552.98 feet along the East line of said Ainswdrth tract and along an existing fence line %o an imon rod found for corner in the said present South line of Sandy Lake Road; THRNCE S 8~~ 28' W along %he said present South line oi Sarldy bake Road to the Point of Beginning. EXHIBIT B Page 3 of 3