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H.B. No. 3490
AN ACT
relating to the creation of The Lakes Fresh Water Supply District of
Denton 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 8125 to read as follows:
CHAPTER 8125. THE LAKES FRESH WATER SUPPLY
DISTRICT OF DENTON COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8125.001. 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 Lakes Fresh Water Supply
District of Denton County.
Sec. 8125.002. NATURE OF DISTRICT. The district is a fresh
water supply district in Denton 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. 8125.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8125.023 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 Denton 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. 8125.004. 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 8125.005-8125.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8125.021. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Andrea Adcock;
(2) Chad Breaux;
(3) Brian Bryce, Jr.;
(4) Traci Pichon; and
(5) Crystal Taylor.
(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
8125.023; or
(2) the date this chapter expires under Section
8125.003.
Sec. 8125.022. 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 Denton County Courthouse.
Sec. 8125.023. 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. 8125.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8125.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 8125.053 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8125.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8125.026-8125.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8125.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8125.052. QUALIFICATIONS. Directors must meet only
the qualifications for directors provided by Chapters 49 and 54,
Water Code.
Sec. 8125.053. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8125.054-8125.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8125.101. MUNICIPAL UTILITY DISTRICT AND FRESH WATER
SUPPLY DISTRICT POWERS AND DUTIES. (a) Except as provided by
Subsections (b) and (c), the district has the powers and duties
provided by the general law of this state, including Chapters 49,
53, and 54, Water Code, applicable to municipal utility districts
and fresh water supply districts created under Section 59, Article
XVI, Texas Constitution.
(b) Sections 53.029(b), 53.030-53.034, and 53.040-53.043,
Water Code, do not apply to the district.
(c) If a provision of Chapter 53, Water Code, is in conflict
or inconsistent with this chapter or Chapter 54, Water Code, this
chapter and Chapter 54, Water Code, prevail.
Sec. 8125.102. 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. 8125.103. ROAD CONTRACTS. The district may contract
for a road project in the same manner as provided by Subchapter I,
Chapter 49, Water Code.
Sec. 8125.104. WATER CONTROL AND STORAGE PROJECTS. (a) The
district may construct, acquire, improve, enlarge, extend, repair,
or maintain dams, levees, walls, dikes, embankments, canals,
reservoirs, lakes, or other improvements as necessary to control,
store, or preserve water in the district for any useful purpose.
(b) The district may overflow and inundate district lands
and other district property in the district.
(c) A project authorized by this section is subject to all
applicable permitting and regulatory requirements.
Sec. 8125.105. 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. 8125.106. 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 or lease 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 8125.107-8125.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8125.151. 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
8125.102.
Sec. 8125.152. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of and interest on bonds issued under
Section 8125.201.
Sec. 8125.153. 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 8125.154-8125.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8125.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS; TAX. (a) The district may issue bonds or other
obligations as provided by Chapters 49, 53, and 54, Water Code, and
to finance:
(1) the construction, maintenance, or operation of
projects under Section 8125.102 or 8125.104; or
(2) the district's contractual obligations under
Section 8125.106.
(b) The district may not issue bonds or other obligations
secured in whole or in part by ad valorem taxation to finance
projects authorized by Section 8125.102 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 8125.102 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 8125.102 or to
bonds issued by the district to finance the project.
SECTION 2. The Lakes Fresh Water Supply District of Denton
County initially includes all the territory contained in the
following described area:
BEING 411.169 acres of land situated in the James Bridges
Survey, Abstract No. 36, Denton County, Texas, and being that same
tract of land conveyed by Westmar Properties, Inc., a Texas
corporation to Marriot Brothers Partnership, a Texas General
Partnership, as recorded in Volume 4803, Page 1741 and County
Clerk's Document No. 2001-R0026726, Deed Records, Denton County,
Texas, and being more particularly described as follows:
BEGINNING at a Texas Department of Transportation (TxDOT) wooden
monument found in the north line of Farm to Market Road No. 2931 (a
50 foot right-of-way), said point being the most southerly
southwest corner of said Marriot tract and the southeast corner of a
tract conveyed to Tommy Gene Smith, as recorded in Volume 3222, Page
689 of said deed records;
THENCE North 00 degrees 24 minutes 20 seconds East, leaving the
north line of said F.M. 2931 and along the common line of said
Marriot and Smith tracts, a distance of 357.65 feet to a 1-1/2-inch
iron pipe found for corner, said point being the northeast corner of
said Smith tract and the southeast corner of a tract conveyed to Tim
Robinson and Tommy Robinson as recorded in County Clerk's Document
No. 94-R0011755 of said deed records;
THENCE North 01 degree 05 minutes 06 seconds East, along the common
line of said Marriot and Robinson tracts a distance of 29.38 feet to
a 1/2-inch iron rod found for corner;
THENCE North 02 degrees 16 minutes 25 seconds East, continuing
along the common line of said Marriot and Robinson tracts a distance
of 869.54 feet to a 5/8-inch iron rod with cap (stamped PETITT-RPLS
4087) set for corner, said point being the northeast corner of said
Robinson tract and an ell corner of said Marriot tract;
THENCE North 88 degrees 43 minutes 37 seconds West, along the common
line of said Marriot and Robinson tracts a distance of 532.68 feet
to a 5/8-inch iron rod with cap set for corner;
THENCE North 88 degrees 33 minutes 22 seconds West, continuing
along the common line of said Marriot and Robinson tracts a distance
of 1582.21 feet to a 1/2-inch iron rod found for the most westerly
southwest corner of said Marriot tract, said point being in the east
line of a 4.56 acre tract conveyed to "1991 Weir Family Trust" as
recorded in Volume 4300, Page 1149 and County Clerk's Document No.
99-R0026520 of said deed records;
THENCE North 01 degree 19 minutes 47 seconds East, along the west
line of said Marriot tract a distance of 2455.33 feet to a fence
corner post found for the northwest corner of said Marriot tract,
said point being the northeast corner of a called 60 acre tract
conveyed to C.W. Sanders as recorded in Volume 1074, Page 72, and in
the south line of the Liberty Associates tract as recorded in County
Clerk's Document No. 96-R0026647 and No. 97-R0030209 of said deed
records;
THENCE South 87 degrees 39 minutes 41 seconds East, along the common
line of said Marriot and Liberty Associates tracts a distance of
721.69 feet to a 5/8-inch iron rod with cap set for corner;
THENCE South 89 degrees 08 minutes 36 seconds East, continuing
along the common line of said Marriot and Liberty Associates tracts
a distance of 2469.24 to a along a 5/8-inch iron rod with cap set for
corner, said point being the southwest corner of said Liberty
Associates tract and the southwest corner of a 53.35 acre tract
conveyed to Lee Weir, as recorded in Volume 4240, Page 1365 and in
County Clerk's Document No. 98-R0114389 of said deed records;
THENCE South 88 degrees 20 minutes 08 seconds East, along the common
line of said Marriot and Weir tracts a distance of 2464.74 feet to a
5/8-inch iron rod with cap set for the northeast corner of said
Marriot tract, the southeast corner of said Weir tract and being in
the west line of said F.M. 2931;
THENCE South 02 degrees 22 minutes 00 seconds West, along the west
line of said F.M. 2931 a distance of 589.94 feet to a 5/8-inch iron
rod with cap set for corner;
THENCE South 13 degrees 40 minutes 36 seconds West, along the west
line of said F.M. 2931 a distance of 101.98 feet to a 5/8-inch iron
rod with cap set for corner;
THENCE South 02 degrees 22 minutes 00 seconds West, along the west
line of said F.M. 2931 a distance of 200.00 feet to a wooden TxDOT
monument found for corner;
THENCE South 08 degrees 56 minutes 36 seconds East, along the west
line of said F.M. 2931 a distance of 101.98 feet to a 5/8-inch iron
rod with cap set for corner;
THENCE South 02 degrees 22 minutes 00 seconds West, along the west
line of said F.M. 2931 a distance of 1630.10 feet to a 5/8-inch iron
rod with cap set for corner, said point being the beginning of a
curve to the right having a radius of 1095.92 feet and a chord that
bears South 11 degrees 36 minutes 50 seconds West a distance of
352.20 feet;
THENCE in a southwesterly direction along the west line of said F.M.
2931 and said curve to the right through a central angle of 18
degrees 29 minutes 37 seconds an arc distance of 353.74 feet to a
5/8-inch iron rod with cap set for corner;
THENCE South 40 degrees 59 minutes 38 seconds West, along the west
line of said F.M. 2931 a distance of 98.95 feet to a 5/8-inch iron
rod with cap set for corner;
THENCE South 30 degrees 51 minutes 42 seconds West, along the west
line of said F.M. 2931 a distance of 185.80 feet to a 5/8-inch iron
rod with cap set for corner;
THENCE South 20 degrees 43 minutes 46 seconds West, along the west
line of said F.M. 2931 a distance of 98.95 feet to a 5/8-inch iron
rod with cap set for corner, said point being the beginning of a
non-tangent curve to the right having a radius of 1095.92 feet and a
chord that bears South 66 degrees 43 minutes 17 seconds West a
distance of 956.04 feet;
THENCE in a southwesterly direction along the west line of said F.M.
2931 and said non-tangent curve to the right through a central angle
of 51 degrees 43 minutes 15 seconds an arc distance of 989.28 feet
to a 5/8-inch iron rod with cap set for corner;
THENCE North 87 degrees 25 minutes 06 seconds West, along the north
line of said F.M. 2931 a distance of 631.80 feet to a 5/8-inch iron
rod with cap set for corner, said point being the beginning of a
curve to the left having a radius of 5779.58 feet and a chord that
bears North 88 degrees 32 minutes 36 seconds West a distance of
226.95 feet;
THENCE in a northwesterly direction along the north line of said
F.M. 2931 and said curve to the left through a central angle of 02
degrees 15 minutes 00 seconds an arc distance of 226.96 feet to a
5/8-inch iron rod with cap set for corner;
THENCE North 89 degrees 40 minutes 06 seconds West, along the north
line of said F.M. 2931 a distance of 1523.51 feet to the POINT OF
BEGINNING and containing 411.169 acres of land, more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3490 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. 3490 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor