89R16977 JBD-F
By: Paxton S.B. No. 3051
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Grassland Municipal Utility
District No. 1 of Collin County; granting a limited power of eminent
domain; providing authority to issue bonds; providing authority to
impose assessments, fees, and taxes.
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 8021A to read as follows:
CHAPTER 8021A. GRASSLAND MUNICIPAL UTILITY DISTRICT NO. 1 OF
COLLIN COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8021A.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Grassland Municipal Utility
District No. 1 of Collin County.
Sec. 8021A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8021A.0103. CONFIRMATION AND DIRECTOR 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. 8021A.0104. CONDITIONS PRECEDENT TO CONFIRMATION
ELECTION. (a) The temporary directors may not hold an election
under Section 8021A.0103 until:
(1) 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; and
(2) the district has entered into a contract with a
municipality, Collin County, or another entity:
(A) for adequate supplemental police, fire,
emergency, and animal control services for the district; and
(B) that is approved by the Commissioners Court
of Collin County under Subsection (c).
(b) A contract under Subsection (a) may include a provision
that the contract takes effect only on the approval of the
Commissioners Court of Collin County and the voters in the district
voting in an election held for that purpose.
(c) The Commissioners Court of Collin County shall review a
contract under Subsection (a) and evaluate the supplemental police,
fire, emergency, and animal control services provided in the
contract. If the commissioners court determines that the contract
provides adequate services, the commissioners court shall adopt a
resolution stating that the contract has met the requirements of
Subsection (a).
Sec. 8021A.0105. 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. 8021A.0106. 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.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8021A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 8021A.0202, directors
serve staggered four-year terms.
Sec. 8021A.0202. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting 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 commission 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 8021A.0103; 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 8021A.0103 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 8021A.0103; 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.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8021A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8021A.0302. 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. 8021A.0303. 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. 8021A.0304. 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. 8021A.0305. 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. 8021A.0306. DIVISION OF DISTRICT. This chapter
applies to any new district created by the division of the district
under Section 49.316, Water Code, and a new district has all the
powers and duties of the district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8021A.0401. 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
8021A.0403.
(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. 8021A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8021A.0401, 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. 8021A.0403. 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.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8021A.0501. 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. 8021A.0502. 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. 8021A.0503. 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 Grassland Municipal Utility District No. 1
of Collin County initially includes all the territory contained in
the following area:
TRACT 1
BEING a 60.224 acre (2,623,369 square foot) tract of land situated
in the William D. Thompson Survey, Abstract No. 892,
Extraterritorial Jurisdiction of Princeton, Collin County, Texas,
said tract being all of a called 60.20 acre tract of land described
as Tract 1 in General Warranty Deed with Vendor's Lien to Austin Two
Tracts, L.P. recorded in Volume 5518, Page 2813, Deed Records,
Collin County, Texas (D.R.C.C.T.), said tract being more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2" iron rod found with a cap stamped "PATE ENGR
RPLS 3917" in the north right-of-way line of County Road 392 (a
variable width right-of-way), said iron rod being the southwest
corner of said Austin Two Tracts tract and in the east line of a
tract of land described in Warranty Deed to Charles Hutcheson
recorded in Volume 4595, Page 2784, D.R.C.C.T.;
THENCE North 01°00'35" East, along the west line of said Austin Two
Tracts tract, a distance of 2,088.97 feet to a 1/2" iron rod found
with a cap stamped "PATE ENGR RPLS 3917" in the south line of a tract
of land described in Special Warranty Deed to GRBK Edgewood LLC
recorded in Instrument Number 20220315000414390, Official Public
Records, Collin County, Texas (O.P.R.C.C.T.), said iron rod being
the northwest corner of said Austin Two Tracts tract and the
northeast corner of a tract of land described in Deed of Gift of
Land to Jacky L. Sartain and Susan W. Sartain recorded in Instrument
Number 19920805000526640, O.P.R.C.C.T.;
THENCE South 89°28'04" East, along the north line of said Austin Two
Tracts tract and the said south line of GRBK Edgewood tract, a
distance of 1,484.98 feet to a 1/2" iron rod found with a cap
stamped "PATE ENGR RPLS 3917", said iron rod being the northeast
corner of said Austin Two Tracts tract and an ell corner of said
GRBK Edgewood tract;
THENCE along the east line of said Austin Two Tracts tract the
following five (5) calls:
South 00°51'21" West, at a distance of 17.93 feet passing a
1/2" iron rod found being the northwest corner of Block C, Richland
Estates Addition, an addition to the City of Princeton according to
the plat recorded in Cabinet K, Slide 817, Plat Records, Collin
County, Texas (P.R.C.C.T.), continuing in all a total distance of
724.86 feet to a 1/2" iron rod found in the west line of said Block
C, said iron rod being the most easterly southeast corner of said
Austin Two Tracts tract and the northeast corner of a tract of land
described in General Warranty Deed to Waseem Akram recorded in
Instrument Number 20210316000521340, O.P.R.C.C.T.;
South 89°47'09" West, a distance of 221.33 feet to a 1/2" iron
rod found, said iron rod being a reentrant corner of said Austin Two
Tracts tract and the northwest corner of said Akram tract;
South 00°05'55" East, a distance of 715.43 feet to a 5/8" iron
rod found with a cap stamped "KHA";
South 47°12'14" West, a distance of 598.13 feet to a 3/8" iron
rod found;
South 09°52'04" West, a distance of 238.98 feet to a mag nail
found with washer stamped "KHA" in the said north right-of-way line
of County Road 392, said iron rod being the most southerly southeast
corner of said Austin Two Tracts tract;
THENCE North 89°26'06" West, along the south line of said Austin Two
Tracts tract and the said north right-of-way line of County Road
392, a distance of 810.99 feet to the POINT OF BEGINNING and
containing 2,623,369 square feet or 60.224 acres of land, more or
less.
TRACT 2
BEING a 1.2926 acre (56,307 square foot) tract of land situated in
the William D. Thompson Survey, Abstract No. 892, Collin County,
Texas; said tract being a portion of a called 11.447 acre tract of
land described in General Warranty Deed to Waseem Akram recorded in
Instrument Number 20210316000521340, Official Public Records,
Collin County, Texas; said tract being more particularly described
by metes and bounds as follows:
BEGINNING at a mag nail found with washer stamped "KHA" in County
Road 392 (a variable width right-of-way), said nail being the
southwest corner of said Akram tract;
THENCE North 09°52'04" East, along the west line of said Akram
tract, at a distance of 19.70 feet passing a mag nail found with
washer stamped "KHA" in the north right-of-way line of said County
Road 392, said nail being the southeast corner of a called 60.20
acre tract of land described as Tract 1 in General Warranty Deed
with Vendor's Lien to Austin Two Tracts, LP, continuing in all a
total distance of 258.68 feet to a 3/8" iron rod found;
THENCE North 47°12'14" East, continuing along the said west line of
Akram tract, a distance of 213.36 feet to a 5/8" iron rod found with
a cap stamped "KHA", from which a 5/8" iron rod found with a cap
stamped "KHA" bears North 47°12'14" East, 384.77 feet;
THENCE South 00°33'21" West, departing the said west line of Akram
tract, a distance of 401.73 feet to a mag nail found with washer
stamped "KHA" in said County Road 392;
THENCE North 89°26'39" West, along said County Road 392, a distance
of 197.00 feet to the POINT OF BEGINNING and containing 56,307
square feet or 1.2926 acres of land, more or less.
BEING a 10.146 acre (441,981) square foot tract of land situated in
the William D. Thompson Survey, Abstract No. 892, Collin County,
Texas, and being a portion of the called 11.447 acre tract of land
described in the General Warranty Deed to Waseem Akram recorded in
Instrument No. 20210316000521340 of the Official Public Records of
Collin County, Texas, said 10.146 acre (441,981) square foot tract
of land being more particularly described by metes and bounds as
follows:
BEGINNING at a mag anil with washer stamped "KHA" found in the south
line of said 10.147 acre tract of land, said mag nail with washer
stamped "KHA" being the southeast corner of a called 1.2926 acre
tract of land described in the deed to Austin Two Tracts, L.P.
recorded in Instrument No. 2023000064692 of said Official Public
Records of Collin County, Texas, said mag nail with washer stamped
"KHA" also being in County Road 392 (variable width right-of-way);
THENCE North 00 degrees 33 minutes 21 seconds East, with the east
line of said 1.2926 acre tract of land, a distance of 401.73 feet to
a 5/8 inch iron rod with cap stamped "KHA found in the common
northwesterly line of said 11.447 acre tract of land and
southeasterly line of a called 60.20 acre tract of land described as
Tract 1 in the deed to Austin Two Tracts, L.P. recorded in Volume
5518, Page 2813 of said Official Public Records of Collin County,
Texas, said 5/8 inch iron rod with cap stamped "KHA" also being the
northeast corner of said 1.2926 acre tract of land;
THENCE North 47 degrees 12 minutes 14 seconds East, with the common
northwesterly line of said 11.447 acre tract of land and
southeasterly line of said 60.20 acre tract of land, a distance of
384.77 feet to a 5/8 inch iron rod with cap stamped "KHA" found for a
common reentrant corner of said 11.447 acre tract of land and
salient corner of said 60.20 acre tract of land;
THENCE North 00 degrees 05 minutes 55 seconds West, with the common
west line of said 11.447 acre tract of land and an east line of said
60.20 acre tract of land, a distance of 715.43 feet to a 1/2 inch
iron rod found for the common northwest corner of said 11.447 acre
tract of land and a reentrant corner of said 60.20 acre tract of
land;
THENCE North 89 degrees 47 minutes 09 seconds East, with the common
north line of said 11.447 acre tract of land and a south line of said
60.20 acre tract of land, a distance of 221.33 feet to a 1/2 inch
iron rod found for the common northeast corner of said 11.447 acre
tract of land and a salient corner of said 60.20 acre tract of land,
said 1/2 inch iron rod also being in the west line of a Richland
Estates Addition, an addition to Collin County, Texas recorded in
Cabinet K, Slide 817 of the Plat Records of Collin County, Texas;
THENCE South 00 degrees 51 minutes 21 seconds West, with the east
line of said 11.447 acre tract of land, a distance of 1,384.25 feet
to a mag nail with washer stamped "KHA" set for the southeast corner
of said 11.447 acre tract of land, said mag nail with washer stamped
"KHA" also being in said County Road 392;
THENCE North 89 degrees 26 minutes 39 seconds West, with the south
line of said 11.447 acre tract of land and with said County Road
392, a distance of 485.67 to the POINT OF BEGINNING and containing
441,981 square feet or 10.146 acres of land.
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) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8021A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8021A.0307 to read as
follows:
Sec. 8021A.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) 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. 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, 2025.