82R19375 KYF-F
By: Flynn H.B. No. 2363
Substitute the following for H.B. No. 2363:
By: Hopson C.S.H.B. No. 2363
A BILL TO BE ENTITLED
relating to the creation of the Bearpen Creek Municipal Utility
District of Hunt 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 8363 to read as follows:
CHAPTER 8363. BEARPEN CREEK MUNICIPAL UTILITY DISTRICT
OF HUNT COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8363.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means a municipality in whose corporate
limits or extraterritorial jurisdiction the district is located.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "Director" means a board member.
(5) "District" means the Bearpen Creek Municipal
Utility District of Hunt County.
Sec. 8363.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8363.003. 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. 8363.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8363.003
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. 8363.005. 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. 8363.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting 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 8363.007-8363.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8363.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8363.052, directors serve
staggered four-year terms.
Sec. 8363.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Jessica Shae Ewy;
(2) Jason Michael Farmer;
(3) Charles Richard Johns;
(4) Warren Jacob Loftis; and
(5) Martin Jacob Newman.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8363.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8363.003 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 8363.003; 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 8363.053-8363.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8363.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8363.102. 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. 8363.103. 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. 8363.104. 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. 8363.105. 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. 8363.106. ACQUISITION OF PERMIT RIGHTS. (a) Using any
available district money, including bond proceeds, the district may
pay all expenses related to the acquisition of a certificate of
public convenience and necessity from another retail public utility
and any other permit rights necessary to provide the city authority
to provide retail water or sewer service in the district. The
acquisition, by purchase or otherwise, may be made by the district
on behalf of and for transfer to the city or by the city directly.
(b) In relation to a retail public utility that provides
water or sewer service to all or part of the area of the district
under a certificate of public convenience and necessity, the
district may exercise the powers given to a municipality provided
by Section 13.255, Water Code, as if the district were a
municipality that had annexed the area of the district. The
commission shall grant single certification as to the city as
provided by Section 13.255(c), Water Code, in the event that the
district applies for the certification on the city's behalf in the
manner provided by Section 13.255(b), Water Code.
(c) The city may contract with the district to carry out the
purposes of this section without further authorization.
Sec. 8363.107. 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 8363.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8363.108-8363.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8363.151. 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 8363.153.
(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. 8363.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8363.151, 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. 8363.153. 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 8363.154-8363.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8363.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) Except as provided by Subsection (b), 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.
(b) The district may not issue bonds until the governing
body of the city approves a bond issuance plan authorizing and
setting forth the limitations on the issuance of the bonds.
Sec. 8363.202. 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. 8363.203. 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.
[Sections 8363.204-8363.250 reserved for expansion]
SUBCHAPTER F. DISSOLUTION OF DISTRICT
Sec. 8363.251. DISSOLUTION BY CITY ORDINANCE. (a) The city
may dissolve the district by ordinance after provision is made for
all debts incurred by the district if one or more of the following
does not occur:
(1) on or before the 90th day after the effective date
of the Act enacting this chapter, the city receives one or more
petitions requesting annexation of all territory in the district
remaining in the extraterritorial jurisdiction of the city;
(2) on or before the last day of the ninth month after
the effective date of the Act enacting this chapter, the city adopts
one or more ordinances annexing all territory in the district
remaining in the city's extraterritorial jurisdiction;
(3) on or before the last day of the third year after
the effective date of the Act enacting this chapter, the commission
issues an order approving the sale and transfer of a certificate of
public convenience and necessity authorizing the city to provide
retail water service to territory in the district; or
(4) by the end of the fifth year after the effective
date of the Act enacting this chapter, the district has completed
construction of internal streets and water and sanitary sewer
facilities sufficient to serve at least 100 residential lots in the
district.
(b) If the city dissolves the district under Subsection (a):
(1) any district assets that remain after the payment
of debts shall be transferred to the city; and
(2) the organization of the district shall be
maintained until all the debts are paid or assumed and remaining
assets are transferred.
(c) This section does not limit the authority of the city to
dissolve the district under Chapter 43, Local Government Code, or
other general law.
SECTION 2. The Bearpen Creek Municipal Utility District of
Hunt County initially includes all the territory contained in the
following area:
A metes and bounds description of a 960.90 acre tract of land
situated in the James May Survey, Abstract No. 1297, the James Roads
Survey, Abstract No. 872, the G.W. McCafferty Survey, Abstract No.
1298, the Shelby County School Land Survey, Abstract No. 946, and
the John Stone Survey, Abstract No. 198, Hunt County, Texas, and
being that land described by deeds to Bearpen Creek, L.P, as
recorded in Volume 1184, Page 63, Volume 1184, Page 68, Volume 1184,
Page 54, Volume 1184, Page 73, Volume 1184, Page 59, Volume 1184,
Page 59, Volume 1184, Page 36, Volume 1184, Page 50, Volume 1184,
Page 41, Volume 1184, Page 45, and Volume 1184, Page 32, Deed
Records, Hunt County, Texas.
BEGINNING at a point for the south right-of-way line of U.S.
Interstate 30, being the northwest corner of said deed recorded in
Volume 1184, Page, 63 and being the northeast corner of a tract of
land described by deed to Sharon McCall, as recorded in Volume 897,
Page 372, Deed Records, Hunt County, Texas;
THENCE North 88°51'12" East along the said south right-of-way
line, a distance of 1284.70 feet to a point for corner being the
northwest corner of a tract of land described by deed to Crawford,
as recorded in Volume 178, Page 743, Deed Records, Hunt County,
Texas;
THENCE South 01°06'57" East leaving said right-of-way and
along the west line of said Crawford tract, a distance of 943.75
feet to a point for corner, being an el corner of this tract and the
southwest corner of said Crawford tract and being near the center of
County Road 2515;
THENCE North 88°53'22" East along the south line of said
Crawford tract being in said County Road, a distance of 723.00 feet
to a point for corner, being the southeast corner of said Crawford
tract and being the southwest corner of a tract of land described by
deed to Action Inc., as recorded in Volume 453, Page 845, Deed
Records, Hunt County, Texas;
THENCE North 76°06'29" East along the south line of said
Action Inc., a distance of 135.68 feet to a point for corner, being
the northwest corner of a remainder of a tract of land described by
deed to Leonard H. Daniel, as recorded in Volume 99, Page 548, Deed
Records, Hunt County, Texas;
THENCE South 00°06'22" East leaving said County Road and the
south line of said Action Inc, and along the west line of said
Daniel remainder tract, a distance of 748.00 feet to a point for
corner;
THENCE North 89°08'43" East along the south line of said
Daniel remainder tract, a distance of 395.42 feet to a point for
corner being in the west line of a tract of land described by deed to
Leonard H. Daniel, as recorded in Volume 859, Page 497, Deed
Records, Hunt County, Texas;
THENCE South 00°18'34" East along the west line of said Daniel
tract, a distance of 740.51 feet to a point for corner, being an el
corner of this tract and the southwest corner of said Daniel tract
and the northwest corner of a tract of land described by said deed
in Volume 1184, Page 54;
THENCE North 89°40'05" East along the south line of said
Daniel tract, a distance of 1230.31 feet to a point for corner,
being the southeast corner of said Daniel tract and southwest
corner of a tract of land described by deed to Sam Holmes in Volume
267, Page 631, Deed Records, Hunt County, Texas;
THENCE North 89°02'16" East along the south line of said
Holmes tract, a distance of 1610.64 feet to a point for corner,
being the southwest corner of a tract of land known as Magnolia
Place as recorded by Plat in Cabinet E, Slide 169, Plat Records,
Hunt County, Texas;
THENCE North 89°01'45" East along the south line of said
Magnolia Place, a distance of 402.32 feet to a point for corner,
being the northeast corner of said tract of land recorded in Volume
1184, Page 73 and being an el corner of said Magnolia Place;
THENCE South 01°21'12" East along the east line of said tract
of land recorded in Volume 1184, Page 73 and the west line of said
Magnolia Place, a distance of 1247.77 feet to a point for corner,
being in County Road 2596;
THENCE North 89°34'22" East with the said County Road, along
the south line of said Magnolia Place, along the south line of a
tract of land known as South Gentry as recorded by plat in Cabinet
E, Slide 169, Plat Records, Hunt County, Texas, and along the south
line of a tract of land described by deed to Bobby Crowell in Volume
858, Page 332, Deed Records, Hunt County, Texas, a distance of
2343.14 feet to a point for corner, being the northwest corner of
Hoffman Estates as recorded in Volume B, Page 52, Deed Records, Hunt
County, Texas;
THENCE South 00°05'44" West along the west line of Hoffman
Estates, a distance of 1135.75 feet to a point for corner;
THENCE South 16°57'40" East continuing along said west line a
distance of 83.02 feet to a point for corner;
THENCE South 00°47'53" East continuing along said west line a
distance of 613.79 feet to a point for corner;
THENCE North 89°59'40" West continuing along said west line a
distance of 36.33 feet to a point for corner;
THENCE South 00°23'15" East continuing along said west line a
distance of 1083.06 feet to a point for corner, being in County Road
2595 and being the southeast corner of said tract recorded in Volume
1184, Page 73;
THENCE South 89°53'25" West along the south line of said tract
recorded in Volume 1184, Page 73 and the north line of a tract
described by deed to Brandy Kent Maynard in Volume 956, Page 460,
Deed Records, Hunt County, Texas, a distance of 1480.58 feet to a
point for corner, being the northwest corner of said Maynard tract
and the northeast corner of said tract of land recorded by deed in
Volume 1184, Page 59;
THENCE South 00°38'57" East along the west line of said
Maynard tract and a tract of land described by deed to John
Carpenter in Volume 956, Page 452, Deed Records, Hunt County,
Texas, a distance of 962.74 feet to a point for corner;
THENCE South 00°38'44" East continuing along said properties,
a distance of 1768.37 feet to a point for corner, being the
southeast corner of said tract of land recorded by deed in Volume
1184, Page 59 and being in County Road 2526;
THENCE South 89°46'54" West along the south line of said tract
of land recorded by deed in Volume 1184, Page 59 and said County
Road, a distance of 860.80 feet to a point for corner, being the
southwest of said tract and being the southeast corner of said tract
of land recorded by deed in Volume 1184, Page 36;
THENCE in a westerly direction along the south line of said
tract of land recorded by deed in Volume 1184, Page 36 and with said
County Road: South 87°54'36" West a distance of 297.64 feet to a
point for corner; North 84°13'06" West a distance of 213.00 feet to a
point for corner; South 87°46'54" West a distance of 358.00 feet to a
point for corner, being the southwest corner of said tract of land
recorded by deed in Volume 1184, Page 36 and the being in the east
line of said tract of land recorded in Volume 1184 Page 50;
THENCE South 00°22'13" East along the east line of said tract
of land recorded in Volume 1184 Page 50, a distance of 19.89 feet to
a point for corner, being the southeast corner of said tract;
THENCE South 89°27'03" West along the south line of said
tract, a distance of 821.50 feet to a point for corner, being the
southwest corner of said tract of land recorded in Volume 1184, Page
50 and being the southeast corner of said tract of land recorded in
Volume 1184, Page 41;
THENCE South 89°27'03" West continuing along said south line,
a distance of 1336.90 feet to a point for corner, being the
southwest corner of said tract and the southeast corner of a tract
of land known as Hill Estate as recorded by plat in Volume A, Page
52, Plat Records, Hunt County, Texas and being the southwest corner
of said tract of land recorded in Volume 1184, Page 41;
THENCE North 01°28'22" West along the east line of said Hill
Estate, the west line of said tract of land recorded in Volume 1184,
Page 41, and leaving said County Road, a distance of 1899.51 feet to
a point for corner, being the northeast corner of said Hill Estate
and in the south line of said tract of land recorded in Volume 1184,
Page 45;
THENCE South 89°37'28" West along the south line of said tract
of land recorded in Volume 1184, Page 45 and the north line of said
Hill Estate, a distance of 2195.58 feet to a point for corner, being
the southwest corner line of said tract of land recorded in Volume
1184, Page 45 and being in the east line of a tract of land described
by deed to Clark Baldwin as recorded in Volume 772, Page 209, Deed
Records Hunt County, Texas;
THENCE North 00°15'40" West long the east line of the Clark
Baldwin tract, a tract of land described by deed to A. B. Fenton
recorded in Volume 634, Page 219, Deed Records, Hunt County, Texas,
and a tract of land described by deed to Mariana G. Daffron as
recorded in Volume 771, Page 515, Hunt County, Texas, a distance of
1902.70 feet to a point for corner, being the northwest corner of
said tract of land recorded in Volume 1184, Page 45 and being in
County Road 2595;
THENCE North 89°57'07" East with said County Road and along
the south line of the tract of land described by deed to Jimmy Joe
Herndon as recorded Volume 515, Page 292, Deed Records, Hunt
County, Texas, a distance of 1988.16 feet to a point for corner,
being in the north line of said tract of land recorded in Volume
1184, Page 36, being the southeast corner of said Herndon tract, and
being the southwest corner of said tract of land recorded in Volume,
1184 Page 54;
THENCE North 00°17'49" West leaving said County Road and along
the west line of said tract of land recorded in Volume 1184 Page 54
and the east line of the said Herndon tract, a distance of 1807.59
feet to a point for corner, being the southeast corner of said tract
of land recorded in Volume 1184, Page 68 and the northeast corner of
said Herndon tract;
THENCE South 89°37'15" West leaving the west line of said
tract of land recorded in Volume 1184, Page 54 and along the said
Herndon tract and along the north line of the tracts of land
described by deed to Jimmy Joe Herndon as recorded in Volume 390,
Page 584, and Volume 57, Page 513, Deed Records, Hunt County, Texas
and along the south line of said tract of land recorded in Volume
1184, Page 68 and south line of said tract of land recorded in
Volume 1184, Page 32, a distance of 3880.16 feet to a point for
corner, being the southwest corner of said tract of land recorded in
Volume 1184, Page 32 and being in the east right-of-way line of Farm
to Market Road 35;
THENCE North 25°20'14" West along east line of said F.M. Road
and along the west line of said tract of land recorded in Volume
1184, Page 32, a distance of 547.80 feet to a point for corner;
THENCE North 00°37'50" West continuing along said lines, a
distance of 197.10 feet to a point for corner, being the northwest
corner of said tract of land recorded in Volume 1184, Page 32, the
southwest corner of a tract of land described to Carlton C. White,
Inc. as recorded in Volume 269, Page 489, Deed Records, Hunt County,
Texas;
THENCE North 89°13'10" East along the south line of said White
tract and the north line of said tract of land recorded in Volume
1184, Page 32, a distance of 2550.67 feet to a point for corner,
being the southeast corner of the White tract, the northeast corner
of said tract of land recorded in Volume 1184, Page 32 and in the
east line of said tract of land recorded in Volume 1184, Page 68;
THENCE North 00°16'55" East along the east line of the White
tract and the west line of said tract of land recorded in Volume
1184, Page 68, a distance of 2014.42 feet to a point for corner,
being in the south line of said tract of land recorded in Volume
1184, Page 63;
THENCE South 88°53'22" West continuing along north line of
said White tract and the south line of said tract of land recorded
in Volume 1184 Page 63, a distance of 991.00 feet to a point for
corner, being the southwest corner of said tract of land recorded in
Volume 1184, Page 63 and the southeast corner of said McCall tract;
THENCE North 01°06'57" West along west line of said tract of
land recorded in Volume 1184, Page 63 and the east line of said
McCall tract, a distance of 942.94 feet to the POINT OF BEGINNING
and containing 960.90 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. (a) Section 8363.107, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 8363, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 8363.107 to read as follows:
Sec. 8363.107. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. Except as provided by Section 4 of this Act:
(1) 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; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2011.