81R7856 PMO-F
By: Crownover H.B. No. 4763
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Denton County Municipal Utility
District No. 8; providing authority to impose a tax and issue bonds;
granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8343 to read as follows:
CHAPTER 8343. DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 8
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8343.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Denton County Municipal
Utility District No. 8.
Sec. 8343.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8343.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8343.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8343.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8343.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8343.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 8343.007-8343.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8343.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8343.052, directors serve
staggered four-year terms.
Sec. 8343.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the Texas Commission on
Environmental Quality requesting that the commission appoint as
temporary directors the five persons named in the petition. The
commission shall appoint as temporary directors the five persons
named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8343.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 8343.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8343.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as successor
temporary directors the five persons named in the petition. The
commission shall appoint as successor temporary directors the five
persons named in the petition.
[Sections 8343.053-8343.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8343.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8343.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8343.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8343.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8343.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Sec. 8343.106. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8343.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8343.107-8343.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8343.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8343.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8343.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8343.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8343.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 8343.154-8343.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8343.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8343.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8343.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Denton County Municipal Utility District No.
8 initially includes all the territory contained in the following
area:
BEING A 291.782 ACRE TRACT OF LAND SITUATED IN THE MARCELLA JONES
SURVEY, ABSTRACT NO. 662, DENTON COUNTY, TEXAS, AND BEING ALL OF A
TRACT OF LAND DESCRIBED IN DEED TO SPIRITAS RANCH ENTERPRISES
RECORDED IN VOLUME 1078, PAGE 859, DEED RECORDS OF DENTON COUNTY,
TEXAS, (D.R.D.C.T.), PART OF A TRACT OF LAND DESCRIBED IN DEED TO
SPIRITAS RANCH ENTERPRISES RECORDED IN VOLUME 833, PAGE 38
D.R.D.C.T., PART OF A TRACT OF LAND DESCRIBED IN DEED TO SPIRITAS
RANCH ENTERPRISES RECORDED IN VOLUME 842, PAGE 851 D.R.D.C.T., AND
ALSO BEING A PART OF A TRACT OF LAND DESCRIBED IN DEED TO SPIRITAS
RANCH ENTERPRISES RECORDED IN VOLUME 998, PAGE 670. SAID 291.782
ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A POINT FOR THE NORTHEAST CORNER OF ROBERT G. PENLEY
TRACT RECORDED IN VOLUME 2210, PAGE 648, D.R.D.C.T.;
THENCE S 0541'17" W, ALONG THE WEST LINE OF SAID ROBERT G. PENLEY
TRACT RECORDED IN VOLUME 2210, PAGE 648, D.R.D.C.T., A DISTANCE OF
621.84 FEET TO A CONCRETE MONUMENT FOUND FOR THE SOUTH CORNER OF
SAID ROBERT G. PENLEY TRACT RECORDED IN VOLUME 2210, PAGE 648,
D.R.D.C.T. AND IN THE EAST LINE OF SAID SPIRITAS RANCH ENTERPRISES
TRACT RECORDED IN VOLUME 1078, PAGE 859, D.R.D.C.T.;
THENCE ALONG THE EAST LINE OF SAID SPIRITAS RANCH ENTERPRISES TRACT
RECORDED IN VOLUME 1078, PAGE 859, D.R.D.C.T. THE FOLLOWING COURSES
AND DISTANCES;
S 0454'37" W, A DISTANCE OF 350.17 FEET TO A CONCRETE
MONUMENT FOUND FOR CORNER;
S 0408'44" W, A DISTANCE OF 349.29 FEET TO A CONCRETE
MONUMENT FOUND FOR CORNER;
S 0008'35" E, A DISTANCE OF 373.34 FEET TO A CONCRETE
MONUMENT FOUND FOR THE SOUTHEAST CORNER OF SAID SPIRITAS RANCH
ENTERPRISES TRACT RECORDED IN VOLUME 1078, PAGE 859, D.R.D.C.T.;
THENCE N 8813'35" W, ALONG THE SOUTH LINE OF SAID SPIRITAS RANCH
ENTERPRISES TRACT RECORDED IN VOLUME 1078, PAGE 859, D.R.D.C.T., A
DISTANCE OF 799.53 FEET TO A CONCRETE MONUMENT FOUND FOR AN ANGLE
POINT IN THE SOUTH LINE OF SAID SPIRITAS RANCH ENTERPRISES TRACT
RECORDED IN VOLUME 1078, PAGE 859, D.R.D.C.T. AND AT AN ANGLE POINT
IN THE EAST LINE OF SAID SPIRITAS RANCH ENTERPRISES TRACT RECORDED
IN VOLUME 833, PAGE 38, D.R.D.C.T.;
THENCE ALONG THE EAST LINE OF SAID SPIRITAS RANCH ENTERPRISES TRACT
RECORDED IN VOLUME 833, PAGE 38, D.R.D.C.T. THE FOLLOWING COURSES
AND DISTANCES;
S 3725'50" W, A DISTANCE OF 536.09 FEET TO A CONCRETE
MONUMENT FOUND FOR CORNER;
S 0009'51" E, A DISTANCE OF 672.75 FEET TO A POINT FOR CORNER;
S 5606'16" W, A DISTANCE OF 188.33 FEET TO A POINT FOR CORNER;
S 0931'49" E, A DISTANCE OF 163.23 FEET TO A POINT FOR CORNER;
S 4607'43" W, A DISTANCE OF 319.93 FEET TO A CONCRETE
MONUMENT FOUND FOR CORNER;
N 7405'49" W, A DISTANCE OF 790.17 FEET TO A POINT FOR CORNER;
S 7844'11" W, A DISTANCE OF 216.18 FEET TO A 5/8" IRON ROD
WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR CORNER;
S 6558'49" E, A DISTANCE OF 740.00 FEET TO A 5/8" IRON ROD
WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR CORNER;
S 1604'49" E, A DISTANCE OF 349.18 FEET TO A CONCRETE
MONUMENT FOUND FOR THE SOUTHEAST CORNER OF SAID CALLED 332.330 ACRE
TRACT;
THENCE WITH THE SOUTH LINE OF SAID CALLED 332.330 ACRE TRACT, THE
FOLLOWING COURSES AND DISTANCES;
N 8858'26" W, A DISTANCE OF 1203.10 FEET TO A 5/8" IRON ROD
WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR CORNER;
N 8437'16" W, A DISTANCE OF 347.10 FEET TO A 5/8" IRON ROD
WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR THE
SOUTHWEST CORNER OF SAID CALLED 332.330 ACRE TRACT AND FOR THE
SOUTHEAST CORNER OF SAID CALLED 138.768 ACRE TRACT;
THENCE N 8756'03" W WITH THE SOUTH LINE OF SAID CALLED 138.768 ACRE
TRACT, A DISTANCE OF 1950.21 FEET TO A 5/8" IRON ROD WITH YELLOW
PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR THE MOST SOUTHERLY
SOUTHWEST CORNER OF SAID CALLED 137.768 ACRE TRACT AND FOR THE
SOUTHEAST CORNER OF THE UPPER TRINITY REGIONAL WATER DISTRICT
(TRACT 2) AS RECORDED IN VOLUME 4646, PAGE 212 OF THE DEED RECORDS
OF DENTON COUNTY, TEXAS;
THENCE N 0204'53" E WITH THE EAST LINE OF SAID UPPER TRINITY
REGIONAL WATER DISTRICT (TRACT 2) AND A WEST LINE OF SAID CALLED
137.768 ACRE TRACT, PASSING THE NORTHEAST CORNER OF SAID UPPER
TRINITY REGIONAL WATER DISTRICT (TRACT 2), SAME BEING THE SOUTHEAST
CORNER OF THE UPPER TRINITY REGIONAL WATER DISTRICT (TRACT 1) AS
RECORDED IN VOLUME 4646, PAGE 212 OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS, CONTINUING WITH THE EAST LINE OF SAID UPPER TRINITY
REGIONAL WATER DISTRICT (TRACT 1), A DISTANCE OF 789.82 FEET TO A
5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET
FOR THE NORTHEAST CORNER OF SAID CALLED UPPER TRINITY REGIONAL
WATER DISTRICT (TRACT 1) AND AN ANGLE POINT IN SAID CALLED 137.768
ACRE TRACT;
THENCE N 8755'06" W WITH THE NORTH LINE OF SAID CALLED UPPER TRINITY
REGIONAL WATER DISTRICT (TRACT 1), PASSING THE NORTHWEST CORNER OF
SAID CALLED UPPER TRINITY REGIONAL WATER DISTRICT (TRACT 1), SAME
BEING THE NORTHEAST CORNER OF SAID CALLED UPPER TRINITY REGIONAL
WATER DISTRICT (TRACT 3), CONTINUING WITH THE NORTH LINE OF SAID
CALLED UPPER TRINITY REGIONAL WATER DISTRICT (TRACT 3), A DISTANCE
OF 685.55 FEET TO A POINT FOR CORNER
THENCE OVER AND ACROSS SAID SPIRITAS RANCH ENTERPRISES RECORDED IN
VOLUME 998, PAGE 670, AND SAID SPIRITAS RANCH ENTERPRISES RECORDED
IN VOLUME 833, PAGE 38, THE FOLLOWING COURSES AND DISTANCES:
N 0158'13" E A DISTANCE OF 564.63 FEET TO A 5/8" IRON ROD
WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR CORNER;
S 8846'00" E, A DISTANCE OF 852.11 FEET TO A 5/8" IRON ROD
WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS" SET FOR THE
BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 8013'42",
A RADIUS OF 2633.43 FEET, AND A LONG CHORD THAT BEARS N 4934'04"E, A
DISTANCE OF 3393.50 FEET;
ALONG SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 3687.45 FEET
TO A POINT FOR CORNER;
N 0926'02" E, A DISTANCE OF 521.60 FEET TO A POINT FOR CORNER;
S 8750'47" E, A DISTANCE OF 1492.20 FEET TO A POINT FOR CORNER
IN THE WEST LINE OF A TRACT OF LAND DESCRIBED IN DEED TO CARL K.
McCLURE RECORDED IN COUNTY CLERK'S FILE NO. 98-0020319 D.R.D.C.T.;
THENCE S 0214'53" W, ALONG THE WEST LINE OF SAID CARL K. McCLURE
TRACT, A DISTANCE OF 70.04 FEET TO THE SOUTHWEST CORNER OF SAID CARL
K. McCLURE TRACT;
THENCE S 8823'59" E, ALONG THE SOUTH LINE OF SAID CARL K. McCLURE
TRACT A DISTANCE OF 210.00 FEET TO THE SOUTHEAST CORNER OF SAID CARL
K. McCLURE TRACT;
THENCE OVER AND ACROSS SAID SPIRITAS ENTERPRISES TRACT THE
FOLLOWING COURSES AND DISTANCES;
S 0214'50" W, A DISTANCE OF 332.44 TO A POINT FOR CORNER;
S 8813'17" E, A DISTANCE 727.26 FEET TO THE POINT OF
BEGINNING AND CONTAINING 291.782 ACRES OF LAND, MORE OR LESS.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.