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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.