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OR 128 Grants petition for annexation of land to Coppell Municipal Utility District No. 1 ORDINANCE NO. 128 ORDINANCE GRANTING PETITION FOR THE INCLUSION OF LAND IN COPPELL MUNICIPAL UTILITY DISTRICT NO. 1 AND GRANTING THE CITY'S CONSENT TO THE CREATION OF THE DISTRICT ~HEREAS, the City of Coppell has received a Petition requesting that the City of Coppell, Texas, grant its consent to the inclusion is wholly within the corporate limits of the City of Coppell, which Petition further requested that the City grant its consent to the creation of said District, and which Petition is attached hereto and incorporated herein by reference for all purposes, and WHEREAS, said Petition has been duly considered by the City Council of the City of Coppell, Texas, and WHEREAS, the granting of said Petition and the inclusion of the therein described land within the boundaries of the proposed Coppell Municipal Utility Dis- trict No. 1 and the granting of the City's development and use of the land to be included in the District and will promote and protect the general health, safety and welfare of persons residing therein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: 1. That the Petition for the consent of the City of Coppell for the in- clusion of land within CoppelI Municipal Utility District No. 1 and requesting that the City grant its consent to the Creation of said District be, and the same is here- by in all things granted and approved. 2. That said Petition is granted subject to those terms and conditions set forth in Exhibit A, attached here%o and incorporated herein for all purposes, and in addition to all the rights and remedies provided by the laws of the state in the event the District violates the terms and provisions of the City's written consent, the City shall be entitled to injunctive relief or a writ of mandamus issued by a court of competent jurisdiction restraining, compelling or requiring the District and its officials to observe and comply with the terms and provisions prescribed in the City's written consent to the inclusion of land within the District. PASSED AND APPROVED, this 20th day of November , 1973. Mayor, City of Coppell (SEAL) EXHIBIT A TO ORDINANCE NO. 128 The City of Coppell, Texas, consents to the inclusion of land within the corporate limits in Coppell Municipal Utility District No. 1 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 Rights 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 ap- proval of the City. During construction, designated representa- tives 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 and approving of the Districts plans and specifications and in the making of the periodic inspections. 2. The District m~st 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 ac- cordance with the appropriate City rules, regulations and stan- dards. 3. Bonds may be issued only after written approval of the projects to be constructed with said bond proceeds has been offi- cially granted by the City. Bonds shall be sold only after the taking of public bids therefor and bids therefor pursuant to pub- lic 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 Rights 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 Rights Commission, or its successor. 5. A copy of the District's annual 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 re- ceipt of the audit by the District. 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 facil- ities 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, includ- ing 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 other than its then outstanding indebtedness. 9. The District shall be created by the general laws of Texas applicable to Municipal Utility Districts including with- out limitation those conferred by Chapter 54, Title 4, Water Code, but if any provision of the general law is in conflict or incon- sistent with the above terms and conditions, then such terms and conditions shall prevail unless expressly waived in writing.