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H.B. No. 813
AN ACT
relating to the creation of the Union Valley Ranch Municipal
Utility District of Hunt County; providing authority to impose a
tax and issue bonds; granting the 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 8108 to read as follows:
CHAPTER 8108. UNION VALLEY RANCH MUNICIPAL UTILITY DISTRICT OF
HUNT COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8108.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Union Valley Ranch Municipal
Utility District of Hunt County.
Sec. 8108.002. NATURE OF DISTRICT. The district is a
municipal utility district in Hunt County created under and
essential to accomplish the purposes of Section 52, Article III,
and Section 59, Article XVI, Texas Constitution. The district is
created to serve a public use and benefit.
Sec. 8108.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8108.023 before September 1, 2007:
(1) the district is dissolved September 1, 2007,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Hunt County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2010.
Sec. 8108.004. 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:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes; or
(3) the legality or operation of the board.
[Sections 8108.005-8108.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8108.021. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Charles Scott Brown;
(2) W. Thurston Witt, Jr.;
(3) Stephen Herbert Hill;
(4) Tomas Castella; and
(5) Jamie LaurAnn Kaufmann.
(b) If a temporary director fails to qualify for office, the
temporary directors who have qualified shall appoint a person to
fill the vacancy. If at any time there are fewer than three
qualified temporary directors, the Texas Commission on
Environmental Quality shall appoint the necessary number of persons
to fill all vacancies on the board.
(c) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
8108.023; or
(2) the date this chapter expires under Section
8108.003.
Sec. 8108.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 49.055, Water Code, the
temporary directors shall convene the organizational meeting of the
district at a location in the district agreeable to a majority of
the directors. If a location cannot be agreed upon, the
organizational meeting shall be at the Hunt County Courthouse.
Sec. 8108.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. The temporary directors shall hold an election to
confirm the creation of the district and to elect five directors as
provided by Section 49.102, Water Code.
Sec. 8108.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8108.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 8108.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8108.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8108.026-8108.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8108.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8108.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8108.053-8108.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8108.101. 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. 8108.102. ROAD PROJECTS. (a) The district may
construct, acquire, improve, maintain, or operate macadamized,
graveled, or paved roads or turnpikes, or improvements in aid of
those roads or turnpikes, inside or outside the district.
(b) A project authorized by this section must meet only the
construction standards adopted by the North Central Texas Council
of Governments, or its successor agency.
Sec. 8108.103. ROAD CONTRACTS. The district may contract
for a road project in the same manner as provided by Subchapter I,
Chapter 49, Water Code.
Sec. 8108.104. CERTIFICATE OF CONVENIENCE AND NECESSITY.
(a) The district may pay out of bond proceeds or other available
district money all expenses, including legal, engineering, and
other fees, related to obtaining a new certificate of convenience
and necessity under Chapter 13, Water Code, authorizing the
district to provide retail water or sewer service inside or outside
the district.
(b) The district may pay out of bond proceeds or other
available district money all expenses, including the purchase
price, related to acquiring certificate of convenience and
necessity rights from another retail public utility to allow the
district to provide retail water or sewer service in the district.
Sec. 8108.105. CONTRACT WITH POLITICAL SUBDIVISION FOR
WATER OR SEWER SERVICES. (a) The district may enter into a
contract to allow a political subdivision to provide retail water
or sewer service in the district. The contract may contain terms
the board considers desirable, fair, and advantageous to the
district.
(b) The contract may provide that the district will
construct or acquire and convey to the political subdivision a
water supply or treatment system, a water distribution system, or a
sanitary sewage collection or treatment system as necessary to
provide water or sewer service in the district.
(c) The district may use bond proceeds or other available
district money to pay for its obligations and for services and
facilities provided under the contract.
(d) If the contract requires the district to make payments
from taxes other than operation and maintenance taxes, the contract
is subject to Section 49.108, Water Code.
[Sections 8108.106-8108.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8108.151. OPERATION AND MAINTENANCE TAX. (a) The
district may impose a tax for any district operation and
maintenance purpose in the manner provided by Section 49.107, Water
Code.
(b) Section 49.107(f), Water Code, does not apply to
reimbursements for projects constructed or acquired under Section
8108.102.
Sec. 8108.152. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of and interest on bonds issued under
Section 8108.201.
Sec. 8108.153. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, including the equipment,
rights-of-way, facilities, or improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code;
(4) a cable operator as defined by 47 U.S.C. Section
522; or
(5) a person who provides to the public advanced
telecommunications services.
[Sections 8108.154-8108.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8108.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) The district may issue bonds or other obligations
as provided by Chapters 49 and 54, Water Code, and to finance:
(1) the construction, maintenance, or operation of
projects under Section 8108.102; or
(2) the district's contractual obligations under
Section 8108.105.
(b) The district may not issue bonds or other obligations
secured wholly or partly by ad valorem taxation to finance projects
authorized by Section 8108.102 unless the issuance is approved by a
vote of a two-thirds majority of the voters of the district voting
at an election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8108.102 may not exceed one-fourth
of the assessed value of the real property in the district.
(d) Sections 49.181 and 49.182, Water Code, do not apply to
a project undertaken by the district under Section 8108.102 or to
bonds issued by the district to finance the project.
[Sections 8108.202-8108.250 reserved for expansion]
SUBCHAPTER F. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
Sec. 8108.251. DIVISION OF DISTRICT; REQUIREMENTS. (a) At
any time before the district issues indebtedness secured by taxes
or net revenues, the district, including any annexed territory, may
be divided into two or more new districts.
(b) A new district created by division of the district must
be at least 100 acres.
(c) The board may consider a proposal to divide the district
on:
(1) a petition of a landowner in the district; or
(2) a motion by the board.
(d) If the board decides to divide the district, the board
shall:
(1) set the terms of the division, including names for
the new districts and a plan for the payment or performance of any
outstanding district obligations; and
(2) prepare a metes and bounds description for each
proposed district.
Sec. 8108.252. ELECTION FOR DIVISION OF DISTRICT. (a)
After the board has complied with Section 8108.251(d), the board
shall hold an election in the district to determine whether the
district should be divided as proposed.
(b) The board shall give notice of the election not later
than the 35th day before the date of the election. The notice must
state:
(1) the date and location of the election; and
(2) the proposition to be voted on.
(c) If a majority of the votes cast are in favor of the
division:
(1) the district shall be divided; and
(2) not later than the 30th day after the date of the
election, the district shall provide written notice of the division
to:
(A) the Texas Commission on Environmental
Quality;
(B) the attorney general;
(C) the commissioners court of each county in
which a new district is located; and
(D) any municipality having extraterritorial
jurisdiction over territory in each new district.
(d) If a majority of the votes cast are not in favor of the
division, the district may not be divided.
Sec. 8108.253. ELECTION OF DIRECTORS OF NEW DISTRICTS. (a)
Not later than the 90th day after the date of an election in favor of
the division of the district, the board shall:
(1) appoint itself as the board of one of the new
districts; and
(2) appoint five directors for each of the other new
districts.
(b) Directors appointed under Subsection (a)(1) serve the
staggered terms to which they were elected in the original
district. Directors appointed under Subsection (a)(2) serve until
the election for directors under Subsection (c).
(c) On the uniform election date in May of the first
even-numbered year after the year in which the directors are
appointed, an election shall be held to elect five directors in each
district for which directors were appointed under Subsection
(a)(2). The directors shall draw lots to determine which two shall
serve two-year terms and which three shall serve four-year terms.
(d) Except as provided by Subsection (c), directors serve
staggered four-year terms. On the uniform election date in May of
each even-numbered year, the appropriate number of directors shall
be elected.
Sec. 8108.254. CONTINUING POWERS AND OBLIGATIONS OF NEW
DISTRICTS. (a) Each new district may incur and pay debts and has
all powers of the original district created by this chapter.
(b) If the district is divided as provided by this
subchapter, the current obligations and any bond authorizations of
the district are not impaired. Debts shall be paid by revenues or
by taxes or assessments imposed on real property in the district as
if the district had not been divided or by contributions from each
new district as stated in the terms set by the board under Section
8108.251(d).
(c) Any other district obligation shall be divided pro rata
among the new districts on an acreage basis or on other terms that
are satisfactory to the new districts.
Sec. 8108.255. CONTRACT AUTHORITY OF NEW DISTRICTS. The
new districts may contract with each other for:
(1) water and wastewater services; or
(2) any other matter the boards of the new districts
consider appropriate.
SECTION 2. The district initially includes all the
territory contained in the following described area:
TRACT 1
All that certain lot, tract or parcel of land situated in the H. H.
HALL SURVEY, ABSTRACT NO. 505 AND F. B. PANKEY SURVEY, ABSTRACT NO.
831, Hunt County, Texas and being all of that 50.00 acres described
as Tract One "A" and all of that 211.089 acre described as Tract One
"B" in a Warranty Deed from Hunt County Venture No. 1, J.V. to
Lowell D. English and wife, Ann English and Don W. Turner and wife,
Marjorie Turner, dated December 15, 1975 and being recorded in
Volume 772, Page 29 of the Deed Records of Hunt County, Texas, and
also being conveyed in a Warranty Deed from Lowell D. English and
wife, Ann C. English to Bonder Corporation, dated March 31, 1995 and
being recorded in Volume 354, Page 316 of the Real Property Records
of Hunt County, Texas, and being more particularly described as
follows:
BEGINNING at a 1/2" iron rod found for corner at the base of a fence
corner post at the Northeast corner of said 211.089 acre tract, said
point being at the Northwest corner of a 101.85 acres tract of land
as described in a Deed from L.B. Houston, Jr. to Robert C. Houston,
Jr., as recorded in Volume 388, Page 18 of the Real Property Records
of Hunt County, Texas;
THENCE S. 09 deg. 11 min. 33 sec. E. a distance of 3200.33 feet to a
1/2" iron rod found for corner in the North right-of-way line of
State Highway 276;
THENCE in a Northwesterly direction along the North right-of-way
line of State Highway 276, the following:
In a Northwesterly direction along a curve to the right having a
central angle of 20 deg. 04 min. 31 sec., a radius of 1869.86 feet, a
tangent of 330.97 feet, a chord of N. 83 deg. 45 min. 08 sec. W.,
651.82 feet, and an arc distance of 655.16 feet to a concrete
highway monument found for corner;
N. 73 deg. 45 min. 18 sec. W. a distance of 822.26 feet to a concrete
highway monument found for corner;
N. 65 deg. 13 min. 22 sec. W. a distance of 404.68 feet to a concrete
highway monument found for corner;
N. 73 deg. 43 min. 46 sec. W. a distance of 400.17 feet to a concrete
highway monument found for corner;
N. 82 deg. 16 min. 29 sec. W. a distance of 404.25 feet to a concrete
highway monument found for corner;
N. 73 deg. 46 min. 55 sec. W. a distance of 1958.92 feet to a
concrete highway monument found for corner;
In a Northwesterly direction along a curve to the right having a
central angle of 20 deg. 21 min. 11 sec., a radius of 2824.79 feet, a
tangent of 330.97 feet, a chord of N. 63 deg. 27 min. 02 sec. W.,
998.18 feet an arc distance of 655.16 feet to a broken concrete
monument found for corner;
THENCE N. 55 deg. 41 min. 02 sec. W. along said right-of-way line, a
distance of 7.88 feet to a 1/2" iron rod found for corner at the
Southwest corner of said 50.00 acres tract of land, said point also
being at the Southeast corner of a 9.85 acres tract of land as
described in a Warranty Deed from NCNB Texas National Bank to James
and Venetia Peach, as recorded in Volume 166, Page 85 of the Deed
Records of Hunt County, Texas;
THENCE N. 09 deg. 06 min. 07 sec. W. along the East line of said 9.85
acres tract, a distance of 942.16 feet to a 2" steel fence corner
post found at the Northwest corner of said 50.00 acres tract;
THENCE N. 81 deg. 40 min. 46 sec. E. a distance of 1056.12 feet to a
1/2" iron rod found for corner at the Southeast corner of a 69.981
acres tract of land as described in a Warranty Deed from William and
J. J. Hurley to Patricia P. Hensley as recorded in Volume 349, Page
883 of the Real Property Records of Hunt County, Texas;
THENCE N. 80 deg. 55 min. 20 sec. E. a distance of 455.51 feet to a
1/2" iron rod found for corner at the Northeast corner of said 50.00
acres tract;
THENCE N. 81 deg. 56 min. 01 sec. E. a distance of 1963.50 feet to a
3/8" iron rod found for corner at the Southeast corner of a 30 acres
tract as described in a Quit Claim Deed to A. G. Tyree, Jr. and Tammy
Tyree, as recorded in Volume 239, Page 595 of the Deed Records of
Hunt County, Texas;
THENCE N. 81 deg. 19 min. 02 sec. E. a distance of 192.04 feet to a
3/8" iron rod found for corner at the Southwest corner of a 30.26
acres tract as described in a Deed to Charles Slater, as recorded in
Volume 581, Page 284 of the Real Property Records of Hunt County,
Texas;
THENCE N. 85 deg. 54 min. 51 sec. E. along the South line of said
Slater tract, a distance of 706.42 feet to a 1/2" iron rod found for
corner at the Southeast corner of same;
THENCE N. 88 deg. 06 min. 40 sec. E. a distance of 328.42 feet to a
1/2" iron rod found for corner at the Southeast corner of a 15.0
acres tract of land as described in a Deed to Thomas and Lavenda
Swafford, as recorded in Volume 911, Page 585 of the Deed Records of
Hunt County, Texas;
THENCE N. 89 deg. 21 min. 57 sec. E. a distance of 346.13 feet to the
POINT OF BEGINNING and containing 261.67 acres of land.
TRACT 2
All that certain lot, tract or parcel of land situated in the H. H.
HALL SURVEY, ABSTRACT NO. 505, A. STRICKLAND SURVEY, ABSTRACT NO.
941 AND F. B. PANKEY SURVEY, ABSTRACT NO. 831, Hunt County, Texas
and being all of that 311.043 acres described as Tract Two in a
Warranty Deed from Hunt County Venture No. 1, J.V. to Lowell D.
English and wife, Ann English and Don W. Turner and wife, Marjorie
Turner, dated December 15, 1975 and being recorded in Volume 772,
Page 29 of the Deed Records of Hunt County, Texas, and also being
conveyed in a Warranty Deed from Lowell D. English and wife, Ann C.
English to Bonder Corporation, dated March 31, 1995 and being
recorded in Volume 354, Page 316 of the Real Property Records of
Hunt County, Texas, and also being all of that 79.81 acres described
in a Warranty Deed from Clarence Alexander Turner, Lola Estell
Lanier and Herman Eugene Turner to Doug English, dated June 30,
1980, and being recorded in Volume 853, Page 12 of the Deed Records
of Hunt County, Texas, and being more particularly described as
follows:
BEGINNING at a P-K nail set in asphalt for corner at the
intersection of the center of County Road 2422 with the Southwest
right-of-way line of State Highway 276, said point being at the
North most Northwest corner of said 311.043 acres tract of land;
THENCE in a Southeasterly direction along the Southwest
right-of-way line of State Highway 276, the following:
S. 52 deg. 03 min. 54 sec. E. a distance of 36.10 feet to a concrete
highway monument found for corner;
N. 74 deg. 56 min. 30 sec. E. a distance of 200.06 feet to a concrete
highway monument found for corner;
S. 51 deg. 59 min. 56 sec. E. a distance of 235.18 feet to a concrete
highway monument found for corner;
N. 19 deg. 29 min. 01 sec. E. a distance of 106.62 feet to a concrete
highway monument found for corner;
S. 73 deg. 45 min. 45 sec. E. a distance of 2200.95 feet to a
concrete highway monument found for corner;
S. 57 deg. 58 min. 45 sec. E. a distance of 82.46 feet to a concrete
highway monument found for corner;
S. 74 deg. 00 min. 58 sec. E. a distance of 620.00 feet to a concrete
highway monument found for corner;
S. 84 deg. 40 min. 18 sec. E. a distance of 102.56 feet to a concrete
highway monument found for corner;
S. 73 deg. 45 min. 18 sec. E. a distance of 1463.29 feet to a 1/2"
iron rod with yellow plastic cap stamped "R.S.C.I. RPLS 5034" set
for corner;
S. 86 deg. 17 min. 55 sec. E. a distance of 183.42 feet to a concrete
highway monument found for corner;
N. 81 deg. 13 min. 28 sec. E. a distance of 604.60 feet to a 1/2"
iron rod found for corner at the Northeast corner of said 79.81
acres tract, said point being at the Northwest corner of a 59.595
acres tract of land as described in a Warranty Deed from Martha Noel
Drummond to Glen Cummins, as recorded in Volume 286, Page 107 of the
Real Property Records of Hunt County, Texas;
THENCE S. 08 deg. 36 min. 16 sec. E. a distance of 2002.09 feet to a
1/2" iron rod with yellow plastic cap stamped "R.S.C.I. RPLS 5034"
set for corner at the Southeast corner of said 79.81 acres tract,
said point being in the North line of CRAZY HORSE RANCHOS NO. 1
REVISED, an Addition to Hunt County, Texas, according to the Plat
thereof recorded in Volume 400, Page 609 of the Plat Records of Hunt
County, Texas;
THENCE S. 81 deg. 57 min. 00 sec. W. along the North line of said
Addition, at 1129.27 feet pass a 1/2" iron rod with yellow plastic
cap stamped "R.S.C.I. RPLS 5034" set for witness and continuing for
a total distance of 1164.27 feet to a P-K nail set for corner in
asphalt pavement of County Road 2412;
THENCE S. 53 deg. 43 min. 42 sec. E. along the center of County Road
2412, a distance of 81.47 feet to a P-K nail set for corner in
asphalt pavement at the North corner of CRAZY HORSE RANCHOS
INSTALLMENT NO. 2, an Addition to Hunt County, Texas, according to
the Plat thereof recorded in Volume 400, Page 585 of the Plat
Records of Hunt County, Texas;
THENCE S. 37 deg. 16 min. 40 sec. W., at 30.0 feet pass a 1/2" iron
rod for witness at the base of a fence post, and continuing along
the Northwest line of said Addition, for a total distance of 1564.57
feet to a 1/2" iron rod found for corner at the East corner of Lot
408 of said Addition;
THENCE N. 53 deg. 02 min. 10 sec. W. (Controlling bearing line)
along the Northeast line of said Addition, a distance of 3106.74
feet to a 1/2" iron rod found for corner at the North corner of Lot
419 of said Addition;
THENCE S. 35 deg. 59 min. 15 sec. W. along the Northwest line of said
Lot 419, at 458.53 feet pass a 1/2" iron rod with yellow plastic cap
stamped "R.S.C.I. RPLS 5034" set for witness and continuing for a
total distance of 473.33 feet to a 1/2" iron rod with yellow plastic
cap stamped "R.S.C.I. RPLS 5034" set for corner in the center of
County Road 2418, at the East corner of HIGHLAND RIDGE, an Addition
to Hunt County, Texas, according to the Plat thereof recorded in
Volume 400, Page 1469 of the Plat Records of Hunt County, Texas;
THENCE N. 53 deg. 00 min. 54 sec. W. along the center of County Road
2733.58 feet to a 1/2" iron rod found for corner at the intersection
of said road with the center of County Road 2422;
THENCE N. 38 deg. 09 min. 40 sec. E. along the center of County Road
2422, a distance of 1893.64 feet to the POINT OF BEGINNING and
containing 391.79 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. 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 813 was passed by the House on May 9,
2005, by the following vote: Yeas 144, Nays 0, 3 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 813 was passed by the Senate on May
23, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor