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