RES 2006-20TOWN OF TROPHY CLUB
RESOLUTION NO. 2006-20
A RESOLUTION OF THE TOWN OF TROPHY CLUB, TEXAS
PROVIDING THE WRllTEN CONSENT OF THE TOWN COUNCIL OF
THE TOWN OF TROPHY CLUB TO THE INCLUSION OF AN
APPROXIMATE 12.2346 ACRES OF LAND, MEDLIN SURVEY, A-832
LOCATED WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE
TOWN OF TROPHY CLUB, TEXAS ("THE PROPERTY") TO BE
ANNEXED INTO AND 'THEREAFTER INCLUDED WITHIN THE
BOUNDARIES OF TROPHY CLUB MUNICIPAL UTILITY DISTRICT NO.
2; PROVIDING THE TERMS OF CONSENT AS AUTHORIZED BY
STATE LAW; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 54 of the Texas Water Code, the owners
("Landowners") of approximately 12.2346 acres of Medlin Survey, A-832 located within
the extraterritorial jurisdiction of the Town of Trophy Club, Texas (the "Town') wish to be
annexed into and have included within the boundaries of Trophy Club Municipal Utility
District No. 2 ("hereinafter "MUD2" or "District") the land more particularly described in
Exhibit "A" a copy of which is attached hereto and incorporated herein for all purposes
(the "Property"); and
WHEREAS, because the Property is located within the Town's extraterritorial
jurisdiction (hereinafter "ETJ") Section 42.042 of the Texas Local Government Code and
Section 54.016 of the Texas Water Code require that MUD2 obtain the written consent
of the Town prior to the annexation of the Property into MUD2; and
WHEREAS, the general nature of the work to be done by the District is the
construction and acquisition of a waterworks and sanitary sewer collection and drainage
systems and
WHEREAS, the Town Council of the Town of Trophy Club determines it
appropriate to adopt this Resolution authorizing consent to the inclusion of the Property
into MUD2 as set forth herein and subject to the conditions of consent contained in
Exhibit "B", a copy of which is attached hereto and incorporated herein for all purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF 'THE
TOWN OF TROPHY CLUB, TEXAS:
Section 1. That the matters set forth in the preamble hereof are true and
correct are hereby adopted.
Section 2. That the Town Council of the Town of Trophy Club hereby
specifically gives its .written consent, as required by Section 54.016 of the Texas Water
Code, to the inclusion of the Property, Exhibit "A", within MUD2.
Section 3. That the Town Council of the Town of Trophy Club hereby specifically
imposes the conditions set forth in Exhibit "B" attached hereto and made a part hereof
for all purposes.
Section 4. That, this Resolution shall become effective from and after its date of
passage in accordance with law.
Passed and adopted by the Town Council of the Town of Trophy Club, Texas,
this the 10th day of October, 2006.
Mayor
Town of Trophy Club, Texas
ATTEST:
Town of Trophy Club, Texas
APPROVED AS TO FORM:
Town Attorney
Town of Trophy Club, Texas
[SEAL]
EXHIBIT "A"
PROPERTY
BECK PROPERTIES
TROPHY CLUB, L.P.
CC NO. 96-0067915
D. R. D. C. T.
I UNITED S TA TES OF A MERICA
I TRACT E-405
I CORPS OF ENGINEERS
Point of -30' RIGHT-OF-WAY DEDICA TION . - . . . . - .
UNITED STATES OF AMERICA
TRACT E-405 SURVEYOR'S CERTIFICA TE
CORPS OF ENGINEERS
I. Robert W. Schneeberg, o Reglstered Professlonol Surveyor, of th
subdlvlslon os shown hereon from on octuol survey on the ground.
CAP SET polnts of curve sholl be properly marked on the ground, and that
mode under my supervlslon.
PRELIMINARY - RELEASED 9/21/06 FOR REVIEW PU
THIS DOCUMENT IS NOT TO BE FILED.
Robert W. Schneeberg
Reglstered, Professlonol Lond Surveyor NO. 4804
Scale in Feet
APPROVED:
VlCINIlY MAP Cholrrnon
Pknnlng a Zoning Comrnlssion, Den t8
0 WNER 'S CER TIFICA TE 0 WNER 'S DEDICA TION
EXHIBIT "B"
CONSENT CONDITIONS
.(a) To the extent authorized by law, no bonds will be issued by the
District for the purpose of purchasing or constructing water, wastewater and/or
drainage facilities or system related to the annexation of the Property without
prior written consent of the Trophy Club Town Council. Any and all orders or
resolutions of the District authorizing the issuance of the District's bonds shall
contain a provision ,that any pledge of revenues from the operation of the
District's water, wastewater and/or drainage facilities or system to the payment of
the District's bonds shall terminate when and if the Town of Trophy Club, Texas
annexes or dissolves the District, takes over the assets of the District and
assumes all of the obligations of the District. No land located within the
extraterritorial jurisdiction of the Town shall be added or annexed to the District
until the Town of Trophy Club has given its written consent by resolution or
ordinance of the Town Council to such addition or annexation.
(b) Before the commencement of any construction within the District,
the District, its directors, officers, or its developers and landowners will submit to
the Town Engineer or hislher designated representative, all plans and
specifications for the construction of public water, wastewater, and drainage
facilities to serve such District and obtain the approval of such plans and
specifications. All water wells, water meters, flushing valves, valves, pipes, and
appurtenances thereto, installed or used within the District shall conform exactly
to the specifications of the Town. All water service lines and sewer service lines,
lift stations, sewage treatment facilities, and appurtenances thereto, installed or
used within the District will comply with the Town's standard plans and
specifications. Prior to the construction of such facilities within the District, the
District or its engineer will give written notice by registered or certified mail to the
Town Engineer, stating the date that such construction will be commenced. The
construction of the District's water, sanitary sewer, and drainage facilities will be
in accordance with the approved plans and specifications and with applicable
standards and specifications of the Town; and during the progress of the
construction and installation of such facilities, the Town Engineer or hislher
designated representative, will make periodic on-the-ground inspections. In order
to determine that the construction and installation is being done and made in
order to conform with the approved plans and specifications and with applicable
standards and specifications of the Town; and, in the event that it is determined
by the representative of the Town that construction and/or installations are not
being performed in conformance with the plans and specifications and with the
applicable standards and specifications of the Town then, upon being so
informed by a duly designated Town representative, the District agrees to
discontinue further construction and installation of all facilities until the cause of
the complaint is removed. The Developer shall pay for all costs of constr~~ction
and related inspections and Engineering services and review provided by the
Town.
(c). If the District constructs a sewage treatment plant, the District will
agree to engage a sewage plant operator holding a valid certificate of
competency issued unde'r the direction of the Texas Commission on
Environmental Quality, or such successor agency as the legislature may
establish ("TCEQ"), as reql-ired by Section 26.0301, Texas Water Code, as may
be amended and codified from time to time. The District w~ll agree to make
periodic analyses of its discharge pursuant to the Provisoins of Order No. 69-
121 9-1 of the Texas Water Quality Board (predecessor agency to the TCEQ) and
further to send copies of all such effluent data to the Town Engineer or hidher
designated representative, Town of Trophy Club, Texas, as well as to the TCEQ.
The District shall agree that representatives of the Town of Trophy Club may
supervise the continued operations of the sewage treatment facility by making
periodic inspections thereof.
(d) The District, its board of directors, officers, developers, and/or
landowners will not permit the construction of or commit to any development
within the District that will result in a wastewater flow to the serving treatment
facility which exceeds that facility's legally permitted average daily flow limitations
or the District's allocated capacity therein.
(e) Prior to the sale of any lot or parcel of land, the owner or the
developer of the land included within the limits of the District shall first obtain the
approval of the Town Council of a plat which will be duly recorded in the Plat
Records of Denton or Tarrant Counties, Texas, as applicable, and otherwise
comply with all rules and regulations and ordinances of the Town of Trophy Club.
(f) The District will not provide water and sewer service to a residential
lot unless the plat covering such lot has been approved by the planning and
zoning commission and the Town Council, if normally required.