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HomeMy WebLinkAboutResolution No. 80-07 RESOLUTION 80-07 TO: The Colony Municipal Utility District No. 1 of Denton County, Texas P.O. Box 996 Lewisville, Texas 75067 FROM: The City of THE C~T.~NY SUBJECT: CONSENT OF CITY TO ALLOW LAND INTO THE COLONY MUNICIPAL UTILITY DISTRICT We the majority of The Council of the City of THE COLONY ... hereby, by Resolution, give our consent for property/land located at (See Attachment marked Exhibit A). owned by Land 0' Lakes Christian Church to enter The Colony Municipal Utility District for sewer, water, and/or refuse pick-up. Executed this 3 day of March 19 80 (SEAL) THE STATE OF TEXAS COUNTY OF BEFO~ ME, the undersigned, a Notary Public in an~for s~id County andState, on t~i~ day ~rs~ally appeare~~___ the persons and officers-whose nsn~ are ~ubscribed to this instrument and affirmed and acknowledged that said instrument is correct and accurate to the best of their knowledge and belief, and that they executed th% s~e for the purpose and in the capacity therein stated. ~~GIVEN UNDER,~ HAND ~D SEAL OF OFFICE this the ~ day of 19 ~ Nota~hlic in and for (SEAL) ~ County, Texas APPLICATION FOR INCLUSION OF LAND IN THE COLONY MUNICIPAL UTILITY DISTRICT NO. 1 OF DENTON COUNTY, TEXAS This application form and all attachments and submissions must be submitted to the District Manager's office at least 20 days prior to any meeting of the board of directors at which action on the application is desired. Applicant will be notified when the application will come before the board. 1. Name, address and telephone number of the owner (s) of the property proposed to be annexed into the District (list all entities which have any right, title or interest in the property). Land O'Lakes Christian Church 5050 Clover Valley Drive The Colony. Texa~ 750~ ~7Q-443~ 2. Attach a metes and bounds description of property to be included in the District, including total acreage. 3. Is the property described in item no. 2 adj'aeent to and contiguous with the District? Ye s 4. State ali intended uses of all of the property and attach any maps or plats relating to such intended use. Church 5. Attach a map or plat and a description showing the location, size and type of any proposed _w~ter ~nd sanitary sewer mains required to serve the property. ~ee Aaaenaum 6. Attach any 'construc.tiorJ'plans for any proposed extensions of the water' and sanitary sewer..,.~ains ~f {~9 District t~s~.ch property. · See Addend~~u' "' '~-' '"~T':' '- 7. Submit, prior to consideration by the board of directors of the District, duplicate originals of petition for annexation satisfying the requirements of the Texas Water Code. (Copies of petition available at District office.) 8. Attach a check or money order in the amount of $200 in payment of a non- refundable fee. NA 9. Attach a written consent to this proposed annexation, in the form of ~a resolution or ordinance, of any City in whose territorial or extraterritorial jurisdiction the property lies. NOTICE: By applicant's signature below, applicant hereby agrees, for himself and all other owners of the property, upon inclusion of the property into the District, (i) to pay any and all taxes from time to time levied upon the property in accordance with the laws of Texas, (ii) to pay for the installation of any water or sewer extensions at the applicable rates and charges and under the conditions set by the District, and (iii) to be bound by the rules and regulations of the District now or hereinafter in force. Applicant-by the signature appearing below agrees and understands that (i) the District does not guarantee that at the time the applicant or any successors desire to develop the property described in any manner, there .will be adequate sewage facilities or quantities of water for such development or that the District will have sufficient bond proceeds for the intended development, (ii) all actual development of the property will be at the expense of parties other than the District, and (iii) there is no assurance that at the time of any development 'of the property (a) additional bonds will not have to be authorized by the voters of the District, approved by the Texas Department of Water Resources and other applicable agencies, and sold in order to provide the facilities and capacities required by the property, (b) additional sewage treatment capacity and water quantities will not have to be obtained, and (c) such bonds and facilities described in (a) and (b) wilt not,require the approval, among others, of the thenduly elected board of directors of the District. es Christian Church APPLICANT 5050 Clover Valley Drive ADDRESS "EXHIBIT A" PETITION FOR ADDITION OF CERTAIN LANDS TO THE COLONY MUNICIPAL UTILITY DISTRICT NO. 1 OF DENTON COUNTY~ TEXAS STATE OF TEXAS COUNTY OF DENTON TO THE BOARD OF DIRECTORS OF THE COLONY MUNICIPAL UTILITY DISTRICT NO. 1 OF DENTON COUNTY, TEXAS: The undersigned (herein called-"Petitioner"), holder of title to the land desCribed by metes and bounds in Exhibit "B" which is attached hereto and incorporated herein for all purposes, being a majority in value of the holders of title of such land, as shown by the tax rOlls..of Denton County, Texas, and acting pur- suant to the provisions of Chapter 54, Texas Water Code, particu- larly Sections 54.711-54.715 of that COde, together with all amendments and additions thereto, respectively petitions the Boa[d of Directors of The Colony Municipal Utility District No. 1 that' the land described by metes and bounds in Exhibit "A" be added to and become a part of the established The Colony Municipal Utility District'No..1 of Denton Couhty, Texas, and in support of this petition would-show as follows: Fee simple title and full ownership of the aforesaid land, which lies wholly within Denton County, Texas, is vested in Petitioner. -- " The addition of Said land to The Colony Municipal Utility District No. 1 of Denton County, Texas, is feasible and practical and would be of benefit both to the area and to the District. III. The addition to the D~strict of the aforesaid land will be to the advantage of the District, and the water, sewer, and drain- age sys'tems and other improvements of the District are sufficient or will be sufficient to sQpply the added land without injuring the land already within the District. - IV. This pet'ition shall constitute an election on the part of the Petitioner, its successors and assigns, for the aforesaid land and any improvement-s which may be constructed thereon to be- come liable for all present and future debts of the Di'strict in the same manner and to the same extent as other lands and improve- ments in the District are liable for the District's debts. V. Without limiting the generality o'f Section IV above, Petitioner, its successors and assigns hereby agrees that the land described by metes and bounds in Exhibit "A" hereto and any improve- ments which may be constructed thereon, shall assume its share of the District's Waterworks and Sewer Systems Combination Unlimited Tax and Revenue Bonds, series 1975, dated February 1, 1975 and Series 1976, dated February l, 1976, authorized in the aggregate princi- pal amounts of $3,450,000 and $3,725,000, resPectively, being the first and second installments of $11,350,OOO bonds authorized at an election held within the District on March 28, 1974, and further shall assume its shares of the remaining $4,175,OOO unissued bonds which were authorized at said election and $13,950,OOO unissued bonds which were authorized at an election held within the District on October 23, 1976 and which may hereafter be issued and . soldby the District. VI. This petition shall further be considered 'authorization by-Petitioner, its successors and assigns for the Board of Direc- tors of the District to issue and sell the remaining $4,175,OOO bonds which were voted on March 28, 1974 and the $13,950,OOO bonds which were voted on October 23, 1976, for the purpose and upon the terms and conditions such bonds were voted, in one or more install- ments or series, at a future date or dates, when, in the Board's judgment such amounts are required for the authorized purposes. VII. This petition shall' fUrther be considered for 'the consent of Petitionek,.itS successors and assigns, for all the taxable land described in Exhibit "A", and any improvements now existing or to be constructed thereon, to be taxed uniformly and equally on an ad valorem basis with all. of the taxable property within the District. for the payment of principal interest on the District's outstanding bonds and on the District's voted but unissued bonds which may be issued at a lat.er~.date. WHerEFORes' ~etit'i~ne~ys that this petition be properly filed, as provided by law; that the Board of Directors of The Colony Municipal Utility District No. 1 hear and consider the pe- tition in keeping with the provisions of said Chapter 54, Texas Water Code; and that this petition in all things be granted and that the land described in Exhibit "A" be added' to and become a part of the-established The Colony Municipal Utility District No. 1 of Denton County, Texas; that after this petition is granted the Board's order thereon be filed of record and be recorded in the Deed Records of Denton County, Texas; and that the area described in Exhibit "A" be thereafter a component part of The C~lony Municipal Utility District No. 1 of Denton County, Texas. EXECUTED this 28 th day of February , 1980 By. Laffd ~)' Lakes Christian church ATTEST: (seal) ADDENDUM TO APPLICATION FOR INCLUSION OF LAND IN THE COLONY MUNICIPAL UTILITY DISTRICT NO. 1 OF DENTON COUNTY, TEXAS This addendum is attached to and made an integral part of the applicant's petition and application for inclusion into the · municipal utility district. ITEM FIVE The applicant request exemption from requirements pertaining to sewer connection on existing structures(Ref. Attachment B) as connection of present structures would not be benifical or cost effective for either the applicant or the utility district. The applicant will provide detailed plans for proposed extentions of water and sewer mains of the district to applicants pro- perty at the beginning of construction phase one of the applicant's building program(Refo Attachment C). Land ~ bakes Christian Church Applicant 5050 Clover Valley Drive .~,~ .... . " Address .~-, '-~... .? ATTACHI~IENT A ~. Being 2 tracts of land situated ia the B.B.B. & C.R.R. Co. Survey, Abstract No. Beginning at the point of intersection of the east R.O.W. line of Blair Oaks Road (60 ft. R.O.W.) with the existing south R.O.~. line of Clover Valley Drive; THENCES 89' 63' 40" E, along the existing south R.O.b/. line of Clover Valley Drive, a distance of 839.02 ft.; THENCE S 0' 21' 50" E, a distance of 256.11 ft.; '~ THENCE S 89' 48' 55" ~, a distance of 839.97 feet to a point in the east R.O.~. ~'.~ line of Blair Oaks Road; THENCE N 0° 08' 46" W, along the east R.O.~ line of Blair Oaks Road, a distance of 262.80 ft. to the Point of beginning and containing 5.000 acres ~". of land. ~.~ TRACT "B" BECINNING at a point in the South R.O.W. line of Clover Valley Drive, that is, ~. S 89© 63' 40" E, a distance of 839.02 ft. from the intersecti~n of the East R.O.W. line of Blair Oaks Road (60 ft. R.O.W.) with the existing south R.O.~. line of Clover Valley Drive; ~..~ THENCE S 89° 43' 40, E.~ along .th~.&~i~'ting south R.O.~. line of Clover Valley Drive, a distance o~"'1~. 33 .f..~; ;'" '.. -' -.'~.- '.'.~;.~?."-~.' ~.' THENCE S O' 21' 50" E, a distanceof 255.99 ft.; ~: :: THENCE S 89' ~8' 55" ~, a distance of 15.33 ft.; THENCE N O' 21'. 50" ~, a distance of 256.11 ft. to the Point o~f Beginning and contain- ~-. ing 0.090 acres of land. .~' FJI.ED In lhe O.q~.e of the SeercLar)-,;f £1.'.le of Tc.,:as ARTICLES OF INCORPORATIO~ '~*~'~'~' ~..'~ ......... '~., r~- -.,% LAND O'LAKES CHRISTIAN CHUi~H WE~ the undersigned natural persons of the age of twenty-one (21)),ears of more, all of whom are citizens of the State of Texas, acting as Incorporators o£ a Corporation under the Texas Non-Profit Corporation Act, do hereby adopt the IoIlowing Articles of Incorporation Ior such Corporation: ARTICLE I. The name of the cOrporation is LAND OILAKES CHRISTIAN CHURCH ARTICLE ~ The Corporation is a non-profit corporation. ARTICLE III. The period of its duration is perpetual. ARTICLE IV. The purpose or purposes for which the Corporation is organized are: To conduct and maintain the Public worship of Almighty God; to win people to faith in Jesus Christ, and commit them actively to the Church~ to help them to grow in the grade and .k. nc~w~d§e of Chris.t so that increasingly they may -:~ow. and ~9 "His. .Wil!~...~,~.niJ..to work for the unity o£ all ChriSti'~r~.~ ar{~ wiflS, t~'~*.~:"~hg~ge in the common task of building the Kingdom o~ God. This Church is not, nor shall ever be, connected, a~filiated with or subjected in any way to any outside organization, such as a state board, ecclesiastical headquarters~ counsels of churches~ missionary societies, or denominational bodies, nor shall this Church ever support same ~inancially or otherwise. ARTICLE V. The street address of the initial registered office of the Corporation is #18 Post Oak, Lewisville~ Texas, and the name of the initial registered agent at such address is CLIFFORD WEST. ' ARTICLE Vh The number of DireCtors constituting the initial Board of Directors of the Corporation is thr~e (3), and the names and addresses of the persons who are to serve as the initial Directors are: Bob O'Banion 1137 Elmwood Lewisville, Texas Clilford West ~18 Post Oak Lewisville, Texas Tom Nuckles 600t~ Jennings Drive Lewisville, Texas ARTICLE VII. The names and addresses of the Incorporators are: NAME ADDRESS' Bob O'Banion 1137 Elmwood ' Lewisville, Texas Clifford West 418 Post Oak Lewisville, Texas Tom Nuctdes · 600# 2ennings Drive Lewisville, Texas ARTICLE VIII. Upon the dissolution of the Corporation, the Board of Directors shall, after paying or making provision for the payment of all of the liabilities of the Corporation, dispose of all of the assets of the Corporation exclusively for the purposes of,the Corporation in such manner or to such organization or'organizations organized and operated exclusively for Charitable, educational, religious or scientific purposes as shall at the time qualify as an exempt organization or' organizations under Section 501{c)(3) of the Internal Revenue Code of 195# (or the corresponding provision of any future United States Internal Revenue Law), as the Board of D~F,e~ors s~aJ~[ determine. Any such assets not so disposed of shall be ,~,::~. .. ' ._. disposed of'bY the"49i~'~'bt C6t~rt ~o~'~'~L'~ounty in which the principal office of the Corporation is then located exclusively for such purposes or to such organization or organizations as said Court shall determine, which are o.rganized and operated exclusively for such purposes. ARTICLE IX. No part of the net earnings of the Corporation shall inure to the benefit of or be distributable to its members, trustees, officers, or other private persons, except that the Corporation shall be authorized and empowered to pay' compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article IV hereof. No substantial part of the activities of the CorporJtion shall be the carrying on of propaganda or otherwise attempting to influence legislation, and the Corporation shall not participate in or intervene in (including the publishing or' distribution of statements) any political campaign on behalf of any candidate for public office. · ~ ............... ~--:b cny provisions of thes~ Articles, the Corporation shall not carry On any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 19~ (or the corresponding provisions of any future United States Internal Revenue Law), or (bi by a corporation's contributions which are deductible under Section 170(c)(2) of the Internal Revenue Code o~ 195~ (or the corresponding provisions of any future United States Internal Revenue Law). AR TICLES OF INCORPORATION PAGE T~/O IN WITNESS WHEREOF, we have hereunto set our hands this 22nd day of September ,1978. BOB O'BANION CLIFFORD WEST TO~ NUCKLES THE STATE OF TEXAS X COUNTY OF DENTON )( I, Vikki J. Wade , a Notary Public, do hereby certify that on this ??ndJaY of Smmtember , A. D. 1978, personally appeared before me BOB O'BANION, CLIFF(~]D ~VES~ and TOM NUCKLES, who, each being by me first.duly sworn, severally declared that they are the persons, who signed the foregoing'document as Incorporators, and that the statements therein contained are true. ~ IN WITNESS WHEREOF, I have hereunto set my hand and seal the day ~ . .--.and year above written. ---~ .- t · ~ '. MY.commission expires: ARTICLES OF INCORPORATION PAGE THREE I WS OF THE LAND O~ ~ CHI~$T~,N CHURCH Article I: Identity. and Belief For business and legal purposes the name of this congregation shall be the Land O' Lakes Christian Ohurch. Land O, Lakes Christian Church; an independent, congregationally governed body; holds as its sole authority and rule of faith and practice the divinely inspired Word of God. Article II: Purppse The objectives (purposes) of this church shall be to mmintain the public worship of Almighty God; to win people to faith in Jesus Christ, and commit them actively to the church, to help them to grow in the grace and knowledge of Christ so that increasingly they may know and do His will; and to work for the unity of all Christians and with them engage in the common task of building the Kingdom of'God. ~r~icle II~.: M~m~erskip Section l: Membership defined. The membership of the local church shall consist of those who have complied with the New Testament terms of salvation; namely, faith in Jesus Christ as the Son of God and personal Savior, repentance of sin, confession of faith in Christ, and immersion in water for the remission of sins; and all those persons who by transfer of membership as immersed believers have publicly expressed their faith in Jesus Christ. Section 2: Voting privileges. , Voting privileges shall be a~oorded to all members who are steadfast in attend- ance, giving, and.service,.~. Any disputed case may be decided upon the basis of those three elem~s bY,~.maJorit~of~Ffe."Eldership. ~nimumage for voting shall be 16years of age. ~ ~rticle IV: Officers Section 1: ~ligibility. Officers of Land O, Lakes Christian Church shall be elected from the membership of the congregation and must be members of the congregation at least six months. Section 2: Elders and Deacons. (1) Elders and Deacons shall b~ composed of such men as are qualified to meet the scriptural requirements of such offices (See I Tim. 3:1-13; Titus 1:5-~). (2) Elders and Deacons must have 75% of the votes cast to be elected. (3) Elders and Deacons are to be elected for a two year term with half of the al number of officers coming up for election each year. The Elders shall act as the trustees of the congregation at all times. The Elders are to be the spiritual overseers of the congregation. They shall be actively engaged in a "shepherding" program looking out for the spiritual welfare of the flock. (6) The Deacons are the servants (of honor) in the congregation and are te act as helpers of the ~ders in carrying on the work of the church. Section 3: Other o£fficers. All other officers shall meet with the approval of the Elders, and the cong_rega- tion (including, but not limited to, the Bible school offficers and teachers). Section 4: Nomination of Elders and Deacons. ~ The Chairman of the Board of Elders and Deacons shall appoint the nominatin~ committee. The Elders shall convass the names presented by the nominatir~ com- mittee and shall discuss the qualifications and willingness to serve with each propective Elder and/or Deacon. The Elders will then present the recommended candidates to the congregation for election. Article V: Offi. cial ~eeti. ngs Section 1: Annual congregational meeting. The annual congregational meeting of the church shall be on the third Sunday of September. There will be an agenda published two weeks in advance of the meeting. Section 2: Special congregational meetim~s. The Chairman of the Board may call a special congregational meeting as required with the agenda published two weeks in advance. Section 3: Elders' meetings. The Elders' meetings shall be monthly and prior to the Elders' and Deacons' meetings by one week. Section 4: Elders.~' and Deac~n~' ~eetings..' The Elders' and Deacons' meetings shall 'be held monthly. Section ~: Quorums. Quorums shall consist, respectively, as follows: 1) A quorum for all congrega- tional meetings shall be those qualified voting members of the congregation who are present; 2) A quorum for the Elders' and Deacons' meetings shall be simple majority. Section 6: Parlimentary authority. The rules contained in Robert's Rules of Order, revised, shall govern the business meetings of the congregation in all cases in ~hich they are applicable and in which they are not inconsistent ~.~'ith the By Laws or the special rules of order of the congregation. Ar~.ic~le?I: The Minister Section 1: Selection. The minister shall be called in the following manner: (1) The Elders shall secure applica~ts; (2) They shall thoroughly investigate applicant decided u~en; (3) Not more than O~E APPLICANT at a time shall be considered by the Elders; (4) The applicant decided upon shall be invited to meet with them (Elders) as to terms and contract; (5) If ali ts satisfactory and agreeable, then the applicant shall be permitted to speak to the congregation; (6) The Elders shall then recommend to the conEregation that they either call or not call said applicant; (7) By secret ballot the congregation shall, by ?5%, vote to call the miaister. If the vote fails to call the applicant, the procedure must be repeated. Section 2: Dismissal. The Elders, after a vote of simple majority, shall inform the minister as Christian Brothers that they are reccmmendin~ to the cor~regation for its action on his dismissal. Thirty days notice shall be ~iven following official dismissal by the congregation or pay equivalent to such. Lmmediate dismissal shall result when the reason for dismissal is that the minister has seriously departed from the scripture in his teacking or .?reachir~. Section 3: Vacancy of pulpit. In Lieu of vacancy of pulpit the ~lders shall procure the supply. ALI evar~elists shall be approved by the Elders upon the recommendation of the minister. Section 4: Other ministers. Ail assistant ministers, youth directors, personal workers, office secretaries and such shall be procurred by the Elders upon the reco~uendation of the minister and work under the minister and the Elders. Section 5: Special meetings. Ail revivals, ral..lies, conventions or Like meetings shall be approved, upon the recce~endstion-e~- the .,.,~inisser,. ~ t.h~t...d, ers. Section 8: Resignations. A minister in resigning shall give sixty days notice to congregation of his resignation; he may be released from this if agreeable with the con~regation. Section 7: Included work. ~t shall be understood by the congregation that rallies, conventions, camps, and such like are part of the church wor~ and 'that the minister is expected to part- icipate in same. These may not conflict ~ith stated business meetings or revivals of the con~regation. The Elders' approval is needed in all cases. Section 8: Relation to the Elders' and Deacons' meetings. The minister shall be expected to attend the monthly meetings of the Elders and Deacons as an ex-officio member. Article VII: Bible School Section 1: Officers. The superintendents and assistants, secretaries, pianist, etc., shall be approved by the Elders of the congregation. Section 2: Teachers. All teachers must be approved by the Elders BEFC~E they are permitted to teach in the Bible school or any other class under the name of the Land 0' Lakes Christian Church. Adult classes may elect only those approved by the Elders of the cong- regation. · Their names are to be s~.bmitted to the Elders. BEFORE THEY ARE ASKED TO TEACH! A list of approved persons may be secured from the Elders from which teachers may be elected. Each teacher must be a ~v,;.~BER of the congregation (a Christian). Section 3: Teacher removal. Any teacher may be dismissed from any class by a simple majority vote of the Elders and notification being conveyed by a committee from the Elders. Section 4: Curriculum and curriculum materials. The curriculum and materials of '~he Bible school shall be centered around the Bible and meet the approval of the Elders. Article VIII: Dissolution In the event of dissolution, all assets, after all bills are paid, will be divided equally to Dallas Christian College, North Texas Evangelizing Association, and Texas Evangelism' (each being corporations in the state of Texas); providing that these institutions are maintaining at the time a tax-exempt status. Should one or more of the above institutions no longer exist or be no longer tax-exempt the assets will go to the remaining institution(s). ~ :A. rticle IX: Amendments Section 1: Ame~'~ment ~i~i~'~tions-~. ' -'.'~.~'~"-'-' Amendments to and additions to these By Laws; except Articles I, II, and III, and provided that no amendment or addition is in any way contrary to the doctrine of the New Testament; may be made. Section 2: Voting requirements. It shall require a two-thirds majority vote of those present at any meeting of the Board of Elders and Deacons. Notice of such changes shall have been made from the pulpit, and in the bulletin ~t :east one month in advance. Upon -~pproval by the Board, proposed changes ~'ill be sc'o~itted for final approval by the cong- regation in meeting. A t,,~o-thi'..-ds ...~jority shall be required to pass the measure.