H.B. No. 4790
AN ACT
relating to the creation of the Brown's Ranch Municipal Utility
District No. 1 of Grayson County; 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 8348 to read as follows:
CHAPTER 8348. BROWN'S RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF
GRAYSON COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8348.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Brown's Ranch Municipal
Utility District No. 1 of Grayson County.
Sec. 8348.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8348.003. 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. 8348.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8348.003
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. 8348.005. 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. 8348.006. 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 8348.007-8348.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8348.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8348.052, directors serve
staggered four-year terms.
Sec. 8348.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2009, 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 8348.003; or
(2) September 1, 2013.
(c) If permanent directors have not been elected under
Section 8348.003 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 8348.003; 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 commission 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 8348.053-8348.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8348.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8348.102. 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. 8348.103. 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. 8348.104. 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. 8348.105. COSTS OF ROAD PROJECT. The district shall
bear the cost of maintaining, improving, operating, and repairing a
road authorized by Section 8348.103 that is located in the
district, regardless of whether the district conveys the road to
this state, a county, or a municipality.
Sec. 8348.106. 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. 8348.107. 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 8348.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
Sec. 8348.108. LIMITATION ON ANNEXATION. The district may
not annex land without the written consent by resolution or
ordinance of each municipality in whose corporate limits or
extraterritorial jurisdiction the land is located and the written
consent of each water or sewer service provider that holds a
certificate of public convenience and necessity and whose
certificated service area includes any part of the land.
Sec. 8348.109. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8348.003 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8348.003.
(i) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
8348.004 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
[Sections 8348.110-8348.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8348.151. 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 8348.153.
(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. 8348.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8348.151, 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. 8348.153. 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 8348.154-8348.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8348.201. 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. 8348.202. 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. 8348.203. 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 Brown's Ranch Municipal Utility District No.
1 of Grayson County initially includes all the territory contained
in the following area:
TRACT 1
BEING a tract of land located in the A.M. CROW SURVEY,
ABSTRACT 291, W.H. CROW SURVEY, ABSTRACT NO. 1539 and the W.H. CROW
SURVEY, ABSTRACT NO. 309, Grayson County, Texas arid being part of a
tract of land described in Deed to Marcus H. Brown and wife, Emma
Lee Brown, recorded in Volume 1481, Page 708, Deed Records, Grayson
County, Texas and all of a tract of land described in Deed to Marcus
Brown, recorded in Volume 2081, Page 657, Deed Records, Grayson
County, Texas and all of a tract of land described in Deed to Marcus
H. Brown, recorded in Volume 2247, Page 744, Deed Records, Grayson
County, Texas, and being more particularly described as follows:
BEGINNING at a railroad spike found at the intersection of
the approximate centerline of Wright Road with the approximate
centerline of Enterprise Road, said point being the Southeast
corner of said Marcus H. Brown tract and the Northeast corner of a
tract of land described as Second Tract in Deed to H.M. Shytles, Jr.
recorded in Volume 1966, Page 206, Deed Records, Grayson County,
Texas;
THENCE North 89 degrees 07 minutes 14 seconds West, a
distance of
4,563.29 feet to a 1/2 inch iron rod with a yellow plastic cap
stamped "DAA" set in the North line of a tract of land described in
Deed to Elizabeth Brown, recorded in Volume 2254, Page 94, Deed
Records, Grayson County, Texas at the Southeast corner of a tract of
land described in Deed to Patricia Ann Lawrence Sethaler, recorded
in Volume 2467, Page 56, Deed Records, Grayson County, Texas;
THENCE North 00 degrees 58 minutes 31 seconds East, a
distance of 840.07 feet to a 1/2 inch iron rod with a yellow plastic
cap stamped "DAA" set at the Northeast corner of said Sethaler
tract;
THENCE North 89 degrees 06 minutes 17 seconds West, a
distance of
799.71 feet to a 3/4 inch iron rod found in the approximate
centerline of Kusch Lane at the Northwest corner of said Sethaler
tract;
THENCE North 01 degrees 01 minutes 30 seconds East, along the
approximate centerline of said Kusch Lone, a distance of 1,825.99
feet to a 1/2 inch iron rod found at the Northwest corner of said
Marcus H. Brown and wife, Emma Lee Brown tract and the Southwest
corner of a tract of land described in Deed to Madolene Carol
Williams, recorded in Volume 2247, Page 732, Deed Records, Grayson
County, Texas;
THENCE South 89 degrees 08 minutes 51 seconds East, a
distance of 4,497.55 feet to a point in a pond at the Northwest
corner of a tract of land described in Deed to Marcus Brown and
wife, Emma Lee Brown, recorded in Volume 1193, Page 85, Deed
Records, Grayson County, Texas;
THENCE South 00 degrees 40 minutes 39 seconds West, along the
West line of said Marcus Brown and wife, Emma Lee Brown tract
recorded in Volume 1193, Page 85, a distance of 450.00 feet to a 1/2
inch iron rod with a yellow plastic cap stamped "DAA" set at the
Southwest corner of said Marcus Brown and wife, Emma Lee Brown tract
recorded in Volume 1193, Page 85;
THENCE South 89 degrees 08 minutes 51 seconds East, along the
South line of said Marcus Brown and wife, Emma Lee Brown tract
recorded in Volume 1193, Page 85, a distance of 850.00 feet to a 1/2
inch iron rod with a yellow plastic cap stamped "DAA" set in said
Enterprise Road at the Southeast corner of said Marcus Brown and
wife, Emma Lee Brown tract recorded in Volume 1193, Page 85;
THENCE South 00 degrees 40 minutes 39 seconds West, a
distance of 2,218.79 feet to the POINT OF BEGINNING and containing
303.755 acres of land, more or less.
TRACT 2
BEING a tract of land located in the I.N. WINDROW SURVEY,
ABSTRACT NO. 1378, Grayson County, Texas and being part of a tract
of land described in Deed to Madalene Carol Williams, recorded in
Volume 2247, Page 732, Deed Records, Grayson County, Texas and
being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found in the approximate
centerline of Kusch Lane at the Southwest corner of said Williams
tract and the Northwest corner of a tract of land described in Deed
to Marcus H. Brown and wife, Emma Lee Brown, recorded in Volume
1481, Page 708, Deed Records, Grayson County, Texas;
THENCE North 00 degrees 56 minutes 29 seconds East, a
distance of 1,680.18 feet to a 1/2 inch iron rod with a yellow
plastic cap stamped "DAA" set at the intersection of the
Southeasterly right-of-way line of M-K-T Railroad, a variable width
right-of-way, with the Westerly line of said Williams tract, said
point being at the beginning of a non-tangent curve to the left
having a central angle of 07 degrees 17 minutes 31 seconds, a radius
of 5,789.65 feet and a chord bearing and distance of North 46
degrees 26 minutes 26 seconds East, 736.85 feet;
THENCE Northeasterly, along said Southeasterly right-of-way
line, the following three (3) courses and distances:
Northeasterly, along said curve to the left, an arc
distance of 736.85 feet to a 1/2 inch iron rod with a yellow plastic
cap stamped "DAA" set for corner;
North 46 degrees 52 minutes 08 seconds West, a distance
of 10.00 feet to a 1/2 inch iron rod with a yellow plastic cap
stamped "DAA" set at the beginning of a non-tangent curve to the
left having a central angle of 05 degrees 50 minutes 28
seconds, a radius of 5,779.65 feet and a chord bearing
and distance of North 39 degrees 52 minutes 25 seconds East,
588.97 feet;
Northeasterly, along said curve to the left, an arc
distance of 589.23 feet to a 1/2 inch iron rod with a yellow plastic
cap stamped "DAA" set at intersection of said Southeasterly
right-of-way line with the North line of said Williams tract;
THENCE South 88 degrees 59 minutes 13 seconds East, leaving
said Southeasterly right-of-way line and along the North line of
said Williams tract, a distance of 883.12 feet to a 1/2 inch iron
rod with a yellow plastic cap stamped "DAA" set at the Northeast
corner of said Williams tract;
THENCE South 00 degrees 40 minutes 39 seconds West, along the
East line of said Williams tract, a distance of 2657.33 feet to a
1/2 inch iron rod with a yellow plastic cap stamped "DAA" set in the
North line of said Brown tract at the Southeast corner of said
Williams tract;
THENCE North 89 degrees 08 minutes 51 seconds West, along the
common line of said Williams tract and said Brown tract, a distance
of 1783.26 feet to the POINT OF BEGINNING and containing 97.718
acres of land, more or less.
TRACT 3
BEING a tract of land located in the I.N. WINDROW SURVEY,
ABSTRACT NO. 1378 and the CYRUS PALMER SURVEY, ABSTRACT NO. 982,
Grayson County, Texas and being all of a tract of land described in
Deed to Ron Acton, recorded in Volume 3726, Page 390, Deed Records,
Grayson County, Texas and being more particularly described as
follows:
BEGINNING at a PK nail found at the intersection of the
approximate
centerline of Quail Run Road with the approximate centerline
of Enterprise Road, said point being the Northeast corner of said
Acton tract and the Southeast corner of a tract of land described in
Deed to The Veterans Land Board of The State of Texas, recorded in
Volume 2243, Page 172, Deed Records, Grayson County, Texas;
THENCE South 00 degrees 40 minutes 39 seconds West, along the
East line of said Acton tract, a distance of 2,647.35 feet to a 1/2
inch iron rod with a yellow plastic cap stamped "DAA" set at the
Southeast corner of said Acton tract and the Northeast corner of a
tract of land described in Deed to Marcus Brown and wife, Emma Lee
Brown, recorded in Volume 1193, Page 85, Deed Records, Grayson
County, Texas;
THENCE North 89 degrees 08 minutes 51 seconds West, leaving
said East line, a distance of 3,564.29 feet to a 1/2 inch iron rod
with a yellow plastic cap stamped "DAA" set in the North line of a
tract of land described in Deed to Marcus H. Brown and wife, Emma
Lee Brown, recorded in Volume 1481, Page 708, Deed Records, Grayson
County, Texas, at the Southwest corner of said Acton tract;
THENCE North 00 degrees 40 minutes 39 seconds East, leaving
the North line of said Brown tract, a distance of 2657.33 feet to a
1/2 inch iron rod with a yellow plastic cap stamped "DAA" set in the
approximate centerline of said Quail Run Road at the Northwest
corner of said Acton tract;
THENCE South 88 degrees 59 minutes 13 seconds East, along the
approximate centerline of said Quail Run Road, a distance of
3564.33 feet to the POINT OF BEGINNING and containing 217.026 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 September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4790 was passed by the House on May
12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4790 was passed by the Senate on May
27, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor