H.B. No. 3535
AN ACT
relating to the creation of the City of Fort Worth Municipal Utility
District No. 1 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 8129 to read as follows:
CHAPTER 8129. CITY OF FORT WORTH MUNICIPAL UTILITY DISTRICT
NO. 1 OF DENTON COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8129.001. 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 City of Fort Worth Municipal
Utility District No. 1 of Denton County.
Sec. 8129.002. NATURE OF DISTRICT. The district is a
municipal utility district in Denton County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution.
Sec. 8129.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8129.024 before September 1, 2009:
(1) the district is dissolved September 1, 2009,
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, 2012.
Sec. 8129.004. 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;
(3) the validity of the district's bonds, notes, or
indebtedness; or
(4) the legality or operation of the district or the
board.
[Sections 8129.005-8129.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8129.021. TEMPORARY DIRECTORS. (a) On or after
September 1, 2005, a person who owns land 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.
(b) The commission shall appoint as temporary directors the
five persons named in the first petition received by the commission
under Subsection (a).
(c) If a temporary director fails to qualify for office, the
commission shall appoint a person to fill the vacancy.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
8129.024; or
(2) the date this chapter expires under Section
8129.003.
Sec. 8129.022. 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 meet at a location in the district
agreeable to a majority of the directors. If a location cannot be
agreed upon, the meeting shall be at the Denton County Courthouse.
At the meeting, the temporary directors shall elect officers from
among the temporary directors and conduct any other district
business.
Sec. 8129.023. CONSENT OF MUNICIPALITY OR COUNTY REQUIRED.
(a) The temporary directors may not hold an election under Section
8129.024 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has adopted a
resolution consenting to the creation of the district.
(b) If the district is located outside the extraterritorial
jurisdiction of a municipality, the temporary directors may not
hold the election until each county in which the district is located
has adopted a resolution consenting to the creation of the
district.
(c) A municipality or county may not adopt a resolution
under this section before the effective date of the Act creating
this chapter.
Sec. 8129.024. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. If each municipality or county has consented to the
creation of the district under Section 8129.023, 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. 8129.025. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8129.024 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 8129.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8129.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2012.
[Sections 8129.027-8129.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8129.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8129.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8129.053-8129.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8129.101. 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. 8129.102. ROAD PROJECTS. (a) To the extent authorized
by Section 52, Article III, Texas Constitution, 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 the district.
(b) A road project must meet or exceed all applicable
construction standards, zoning and subdivision requirements, and
regulatory ordinances of each municipality in whose corporate
limits or extraterritorial jurisdiction the district is located.
If the district is located outside the extraterritorial
jurisdiction of a municipality, a road project must meet all
applicable construction standards, zoning and subdivision
requirements, and regulatory ordinances of each county in which the
district is located.
(c) The district may not undertake a road project unless
each municipality in whose corporate limits or extraterritorial
jurisdiction the district is located consents by ordinance or
resolution. If the district is located outside the
extraterritorial jurisdiction of a municipality, the district may
not undertake a road project unless each county in which the
district is located consents by ordinance or resolution.
Sec. 8129.103. COMPLIANCE WITH MUNICIPAL ORDINANCES OR
RESOLUTIONS. Subject to the limitations of Section 54.016, Water
Code, the district shall comply with all applicable requirements of
any ordinance or resolution adopted by the city council of the City
of Fort Worth.
Sec. 8129.104. LIMITATION ON USE OF EMINENT DOMAIN. The
district may exercise the power of eminent domain outside the
district only to acquire an easement necessary for a pipeline that
serves the district.
[Sections 8129.105-8129.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8129.151. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of or interest on bonds issued under
Section 8129.201.
[Sections 8129.152-8129.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8129.201. 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, to finance the
construction, maintenance, or operation of projects under Sections
8129.101 and 8129.102.
(b) The district may not issue bonds to finance projects
authorized by Section 8129.102 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 8129.102 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 8129.102 or to
bonds issued by the district to finance the project.
SECTION 2. The City of Fort Worth Municipal Utility
District No. 1 of Denton County initially includes all the
territory contained in the following area:
BEING a 431.303 acre tract of land comprised of two separate tracts
of land in the G. Cardinas Survey, Abstract No. 214, situated in
Denton County, Texas and being a combination of that tract conveyed
to Alliance 161 Investments by deed recorded in Volume 2778, Page
958 of the Real Property Records of Denton County, Texas (RPRDCT), a
portion of those tracts conveyed to Aperion Communities, L.L.L.P.
by deed recorded under County Clerk's File No. 2004-11913 RPRDCT
(Aperion Tract One-A and Aperion Tract One-B) and a portion of that
tract conveyed to Nancy Talley Reynolds, et al, by deed recorded in
Volume 2301, Page 223 RPRDCT and being more particularly described
as follows:
TRACT ONE
BEGINNING at a capped 5/8" iron pin found, said iron pin also being
on the north right-of-way line of State Highway No. 114, said iron
pin also being on the west line of said Alliance 161 Investments
tract, said iron pin also being on the east line of a tract conveyed
to Betty Marie McIntyre, et al, by deed recorded in Volume 2906,
Page 363 RPRDCT;
THENCE N 00°32'36" W along the west line of said Alliance 161
Investments tract and the east line of said McIntyre, et al, tract
recorded in Volume 2906, Page 363 RPRDCT, a distance of 3701.24 feet
to a 3/8" iron pin found;
THENCE N 89°39'59" E along the north line of said Alliance 161
Investments tract and the east line of said McIntyre, et al, tract
recorded in Volume 2906, Page 363 RPRDCT, a distance of 1826.89 feet
to a 1/2" iron pin found, said iron pin also being on the west line
of said Aperion Tract One-A;
THENCE N 00°22'44" W along the east line of said McIntyre, et al,
tract recorded in Volume 2906, Page 363 RPRDCT, and the west line of
said Aperion Tract One-A, a distance of 1294.80 feet to a capped
1/2" iron pin set;
THENCE S 86°14'27" E, a distance of 222.13 feet to a capped 1/2" iron
pin set;
THENCE S 52°34'22" E, a distance of 867.86 feet to a capped 1/2" iron
pin set;
THENCE S 44°08'03" E, a distance of 999.82 feet to a capped 1/2" iron
pin set;
THENCE S 65°58'36" E, a distance of 1029.92 feet to a capped 1/2"
iron pin set;
THENCE N 90°00'00" E, a distance of 773.31 feet to a capped 1/2" iron
pin set; said capped 1/2" iron pin set also being on the east line of
said Aperion Tract One-A and the west line of that tract conveyed to
Ferbro Investments, LLC by deed recorded under County Clerk's File
No. 97-0003605 RPRDCT;
THENCE S 00°07'20" E along the east line of said Aperion Tract One-A
and the west line of said Ferbro Investments tract, a distance of
857.55 feet to a 1/2" iron pin found, said iron pin being on the
northwesterly line of a tract conveyed to The Atchison, Topeka and
Santa Fe Railway Company by deed recorded under County Clerk's File
No. 93-R0020408 RPRDCT;
THENCE S 44°23'02" W along the east line of said Aperion Tract One-A
and the northwesterly line of said Atchison, Topeka and Santa Fe
Railway Company tract a distance of 2256.14 feet to a 5/8" iron pin
found;
THENCE N 47°15'51" W along the east line of said Aperion Tract One-A
and the northwesterly line of said Atchison, Topeka and Santa Fe
Railway Company tract, a distance of 24.73 feet to a 5/8" iron pin
found;
THENCE S 44°27'42" W along the east line of said Aperion Tract One-A
and the northwesterly line of said Atchison, Topeka and Santa Fe
Railway Company tract, a distance of 1121.43 feet to a brass
monument in concrete found, said brass monument also being on the
said north right-of-way line of State Highway No.114;
THENCE S 89°47'36" W along the south line of said Aperion Tract One-A
and the north right-of-way line of State Highway No.114, a distance
of 286.33 feet to a brass monument in concrete found;
THENCE S 84°30'09" W along the south line of said Aperion Tract One-A
and the north right-of-way line of State Highway No.114, a distance
of 703.04 feet to a brass monument in concrete found;
THENCE S 89°48'48" W along the south line of said Aperion Tract One-A
and the north right-of-way line of State Highway No.114, a distance
of 1249.97 feet to a capped 1/2" iron pin set;
THENCE N 00°11'12" W along the south line of said Aperion Tract One-A
and the north right-of-way line of State Highway No.114, a distance
of 15.00 feet to a capped 1/2" iron pin set;
THENCE S 89°48'48" W along the south line of said Aperion Tract One-A
and the north right-of-way line of State Highway No.114, a distance
of 250.00 feet to a capped 1/2" iron pin set;
THENCE S 00°11'12" E along the south line of said Aperion Tract One-A
and the north right-of-way line of State Highway No.114, a distance
of 15.00 feet to a capped 1/2" iron pin set;
THENCE S 89°48'48" W along the south line of said Aperion Tract One-A
and the north right-of-way line of State Highway No.114, a distance
of 238.28 feet to the Point of Beginning and containing 16,728,840
square feet or 384.041 acres of land, more or less.
TRACT 2
BEGINNING at a brass monument in concrete found, said brass
monument also being on the south line of said Aperion Tract One-B,
said brass monument also being on the north right-of-way line of
State Highway No. 114, said brass monument also being on the west
line of a tract conveyed to Ferbro Investments by deed recorded
under County Clerk's File No. 97-0003605 RPRDCT
THENCE S 89°46'48" W along the south line of said Aperion Tract One-B
and the north right-of-way line of State Highway No.114, a distance
of 1072.97 feet to a brass monument in concrete found;
THENCE N 86°29'44" W along the south line of said Aperion Tract One-B
and the north right-of-way line of State Highway No.114, a distance
of 900.20 feet to a brass monument in concrete found, said brass
monument also being on the southeasterly line of a tract conveyed to
The Atchison, Topeka and Santa Fe Railway Company by deed recorded
under County Clerk's File No. 93-R0020408 RPRDCT;
THENCE N 44°26'31" E along the west line of said Aperion Tract One-B
and the southeasterly line of said Atchison, Topeka and Santa Fe
Railway Company tract, a distance of 2809.53 feet to a 5/8" iron pin
found, said iron pin also being on the west line of said Ferbro
Investments tract;
THENCE S 00°07'09" E along the east line of said Aperion Tract One-B
and the west line of said Ferbro Investments tract, a distance of
2056.80 feet to the Point of Beginning and containing 2,058,725
square feet or 47.262 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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3535 was passed by the House on May
20, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3535 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor