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  H.B. No. 4061
 
 
 
 
AN ACT
  relating to the creation of the Denton County Municipal Utility
  District No. 7; 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 8190 to read as follows:
  CHAPTER 8190. DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 7
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8190.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Denton County Municipal
  Utility District No. 7.
         Sec. 8190.002.  NATURE OF DISTRICT. The district is a
  municipal utility district in Denton County created under and
  essential to accomplish the purposes of Section 52, Article III,
  and Section 59, Article XVI, Texas Constitution.
         Sec. 8190.003.  FINDING OF PUBLIC USE AND BENEFIT.  The
  district is created to serve a public use and benefit.
         Sec. 8190.004.  CONFIRMATION ELECTION REQUIRED. If the
  creation of the district is not confirmed at a confirmation
  election held under Section 8190.023 before September 1, 2011:
               (1)  the district is dissolved September 1, 2011,
  except that the district shall:
                     (A)  pay any debts incurred;
                     (B)  transfer to Denton County any assets that
  remain after the payment of debts; and
                     (C)  maintain the organization of the district
  until all debts are paid and remaining assets are transferred; and
               (2)  this chapter expires September 1, 2014.
         Sec. 8190.005.  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 8190.006-8190.020 reserved for expansion]
  SUBCHAPTER A-1. TEMPORARY PROVISIONS
         Sec. 8190.021.  TEMPORARY DIRECTORS. (a) On or after
  September 1, 2007, a person who owns land in the district may submit
  a petition to the Texas Commission on Environmental Quality to
  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 or
  if a vacancy occurs in the office of temporary director, the vacancy
  shall be filled as provided by Section 49.105, Water Code.
         (d)  Temporary directors serve until the earlier of:
               (1)  the date directors are elected under Section
  8190.023; or
               (2)  the date this chapter expires under Section
  8190.004.
         Sec. 8190.022.  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. 8190.023.  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. 8190.024.  INITIAL ELECTED DIRECTORS; TERMS. The
  directors elected under Section 8190.023 shall draw lots to
  determine which two shall serve until the first regularly scheduled
  election of directors and which three shall serve until the second
  regularly scheduled election of directors.
         Sec. 8190.025.  EXPIRATION OF SUBCHAPTER. This subchapter
  expires September 1, 2014.
  [Sections 8190.026-8190.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8190.051.  DIRECTORS; TERMS. (a)  The district is
  governed by a board of five directors.
         (b)  Directors serve staggered four-year terms.
  [Sections 8190.052-8190.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8190.101.  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. 8190.102.  ROAD PROJECTS. (a)  The district may
  construct, acquire, improve, maintain, or operate macadamized,
  graveled, or paved roads, or improvements in aid of those roads.
         (b)  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 district is located.  If the district is not
  located in the corporate limits or extraterritorial jurisdiction of
  a municipality, a road project must meet all applicable
  construction standards, zoning and subdivision requirements, and
  regulations 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 resolution.  If
  the district is not located in the corporate limits or
  extraterritorial jurisdiction of a municipality, the district may
  not undertake a road project unless each county in which the
  district is located consents by resolution.
         Sec. 8190.103.  ROAD CONTRACTS. The district may contract
  for a road project in the manner provided by Subchapter I, Chapter
  49, Water Code.
  [Sections 8190.104-8190.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8190.151.  OPERATION AND MAINTENANCE TAX. The district
  may impose a tax for any district operation and maintenance purpose
  in the manner provided by Section 49.107, Water Code.
         Sec. 8190.152.  TAX TO REPAY BONDS.  The district may impose
  a tax to pay the principal of and interest on bonds issued under
  Section 8190.201.
         Sec. 8190.153.  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 8190.154-8190.200 reserved for expansion]
  SUBCHAPTER E. BONDS
         Sec. 8190.201.  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 the
  construction, maintenance, or operation of projects under Section
  8190.102.
         (b)  The district may issue bonds or other obligations
  payable wholly or partly from ad valorem taxes, impact fees,
  revenue, grants, or other district money.
         (c)  The district may not issue bonds or other obligations
  secured wholly or partly by ad valorem taxation to finance projects
  authorized by Section 8190.102 unless the issuance is approved by a
  vote of a two-thirds majority of district voters voting at an
  election called for that purpose.
         (d)  Bonds or other obligations issued or incurred to finance
  projects authorized by Section 8190.102 may not exceed one-fourth
  of the assessed value of the real property in the district.
         SECTION 2.  The Denton County Municipal Utility District No.
  7 initially includes all the territory contained in the following
  described area:
         SITUATED in Denton County, Texas, in the J. Melroy Survey,
  Abstract No. 895, the MEP &P Railroad Survey, Abstract No. 926, the
  L. Robinson Survey, Abstract No. 1488, the McPherson Survey,
  Abstract No. 1481, the Cowan Survey, Abstract No. 211, the T & P
  Railroad Survey, Abstract No. 1299 and the Norwood Survey, Abstract
  No. 969, being a resurvey of the 693.6925 acres of land described in
  a deed from Winst, Inc. to Shiney Hiney Partners I dated Dec. 31,
  1992, Recorded in Volume 3435, Page 478 and the 333.47 acres of land
  described in a deed from Winst, Inc. to Shiney Hiney Partners II
  dated Dec. 31, 1992, recorded in Volume 3435, Page 483, both deeds
  of the Denton County Deed Records, being described by metes and
  bounds as follows:
         BEGINNING at an iron pin found at the northwest corner of said
  693.6925 acre tract, in the east R.O.W. line of Farm Road No. 1385
  and at the southwest corner of the TIGE INVESTMENTS LTD 77.880
  acres, Ref. Doc. No. 05-45758;
         Thence easterly with the north line of said 693.6925 acre
  tract, with the south line of said 77.880 acre tract, with the south
  line of the TIGE INVESTMENTS LTD 130.805 acres, Ref. Doc. No.
  05-45758 and with an old fence as follows:
         South 89° 04'12" East, 637.91 feet; South 89° 17'14" East,
  426.71 feet;
         South 89° 37'34" East, 154.91 feet; South 89° 42'47" East,
  472.76 feet;
         North 89° 56'39" East, 339.52 feet; South 89° 26'34" East,
  188.6 feet;
         South 88° 50'23" East, passing an iron pin found beside an
  old, old post at 236.3 feet and continuing in all 254.28 feet to an
  iron pipe set at the east, northwest corner of said 693.6925 acre
  tract and at the south, northwest corner said 333.47 acre tract, in
  the center of the old bed of Little Elm Creek;
         Thence generally in a northeasterly direction with the
  northwest line said 333.47 acre tract, with the southeast line of
  the TIGE INVESTMENTS LTD 7.195 acres, Ref. Doc. No. 05-45758 and up
  the center of the old bed of Little Elm Creek as follows:
         South 68°24'25" East, 119.81 feet; South 45°06' East, 161.3
  feet;
         South 25°50' East, 129.17 feet; South 76°01' East, 90.54 feet;
         North 63°34' East, 121.24 feet; North 77°53' East, 61.98 feet;
         North 59°26' East, 101.2 feet; North 51°05' East, 125.5 feet;
         North 89°37' East, 182.51 feet; North 50°35' East, 76.66 feet;
         North 36°17' East, 141.61 feet; North 18°45' East, 115.12
  feet, an iron pipe set;
         North 16°04' West, 35.56 feet; North 60°39' West, 93.52 feet;
         South 74°35' West, 110.19 feet; North 59°58' West, 50.23 feet;
         North 24°08' West, 48.85 feet; North 14°34' East, 147.11 feet;
         North 60°10' West, 57.76 feet; North 1°29' West, 55.34 feet;
         North 22°12' East, 47.74 feet; North 63°23' East, 112.42 feet,
  an iron pipe set;
         South 55°13' East, 281.18 feet; South 22°14' East, 135.0 feet;
         South 67°05' East, 56.0 feet; North 73°54' East, 40.2 feet;
         North 35°49' East, 35.0 feet; North 12°01' East, 72.3 feet;
         North 11°09' West, 67.0 feet; North 20°37' West, 182.3 feet, an
  iron pipe set;
         North 2°23' West, 49.64 feet; North 22°37' East, 120.0 feet;
         North 13°35' East, 113.3 feet; North 38°39' East, 61.2 feet;
         North 60°37' East, 63.0 feet; South 85°01' East, 122.2 feet;
         North 78°01' East, 115.0 feet; North 34°40' East, 60.0 feet;
         North 10°53' East, 109.67 feet, an iron pipe set; North 36°21'
  East, 70.5 feet;
         North 78°45' East, 70.0 feet; South 86°25' East, 134.8 feet;
         North 74°24' East, 195.09 feet, an iron pipe set; South 74°44' 
  East, 96.08 feet;
         South 88°55' East, 107.86 feet; South 78°57' East, 134.98
  feet;
         North 77°07' East, 46.45 feet; South 80°46' East, 50.53 feet;
         South 53°33' East, 111.6 feet; South 80°09' East, 54.06 feet;
         North 48°08' East, 66.4 feet; South 56°57' East, 73.7 feet;
         North 68°01 East, 90.24 feet; North 42°56' East, 55.92 feet;
         North 10°29' East, 112.91 feet, an iron pipe set; North 22°56' 
  West, 138.5 feet;
         North 66°27' West, 142.4 feet; North 34°34' West, 117.0 feet;
         North 81°20' West, 76.2 feet; South 81°46' West, 58.5 feet;
         North 53°49' West, 140.0 feet; North 60°03 West, 31.7 feet;
         North 89°40'58" West, 28.54 feet; North 61°10' West, 59.03
  feet;
         North 48°13' West, 50.2 feet to a point in said Creek from
  which a 1/2 inch iron pin set lies North 27°34' east, 61.0 feet;
  North 7°40' East, 89.2 feet;
         North 25°05' East, 62.0 feet; North 53°10' East, 78.33 feet to
  a point in said Creek from which a 1/2 inch iron pin set lies North
  79°09'east, 59.0 feet;
         North 65°14' East, 102.08 feet; South 79°09' East, 91.04 feet;
         South 68°14' East, 49.56 feet; South 79°13' East, 80.58 feet to
  a point in said Creek from which a 1/2 inch iron pin set lies South
  64°02'east, 21.0 feet;
         North 67°14' East, 140.87 feet; South 70°46' East, 55.18 feet;
         North 77°32' East, 61.82 feet to a point in said Creek from
  which a 1/2 inch iron pin set lies South 26°06'east, 27.0 feet; North
  51°37' 43"East, 88.62 feet;
         North 7°03' East, 37.0 feet; North 25°07' West, 43.0 feet;
         North 48°56' West, 38.0 feet; North 73°10' West, 41.0 feet;
         North 4°39' West, 32.0 feet; North 28°33' East, 47.4 feet;
         North 37°15' East, 52.5 feet; North 51°21' East, 71.8 feet;
         South 88°50' East, 48.7 feet; North 63°40' East, 71.6 feet;
         North 77°02' East, 65.0 feet; South 71°12' East, 48.0 feet, an
  iron pin set;
         South 20°46' East, 130.0 feet to a point in said Creek where
  the man-made channel of said Creek takes the waters of Little Elm
  Creek to the south and at the southeast corner of the Talley Ranch
  Management 113.75 acres, Ref. Doc. No. 96-0089522;
         Thence continuing up the center of Little Elm Creek and with
  the northwest line said 333.47 acre tract and with the southeast
  line of said 113.75 acre tract as follows:
         South 89°00' East, 64.5 feet;
         South 60°27' East, 56.2 feet; South 73°16' East, 53.0 feet;
         North 84°45' East, 47.0 feet; North 78°45' East, 69.0 feet;
         North 1°44' East, 225.0 feet; North 45°00' East, 98.0 feet;
         North 63°50' East, 139.3 feet; North 74°27' East, 44.5 feet;
         North 59°00' East, 80.5 feet; South 82°10' East, 57.2 feet;
         North 69°32' East, 112.4 feet; North 80°09' East, 96.0 feet;
         South 71°12'45"East, 83.84 feet to a point in said Creek from
  which a 1/2 inch iron pin set lies South 58°18'east, 64.78 feet;
  South 81°12' East, 82.0 feet;
         North 64°54' East, 111.5 feet; North 73°58' East, 92.0 feet;
         South 89°09'35"East, 111.88 feet to a point in said Creek from
  which a 1/2 inch iron pin set lies South 57°30'east, 33.65 feet;
  North 56°15' East, 41.5 feet;
         North 39°34' East, 53.0 feet; North 23°29' East, 69.4 feet;
         North 19°37' West, 49.0 feet; North 42°02' East, 35.0 feet;
         North 15°56' East, 65.5 feet; North 18°18' West, 46.6 feet;
         North 58°17' West, 64.7 feet; South 88°12' West, 183.5 feet;
         North 60°20' West, 50.3 feet; North 87°25' West, 63.7 feet;
         North 78°27' West, 123.0 feet; North 75°31' West, 119.5 feet;
         North 13°48' West, 199.0 feet; North 24°51' East, 76.3 feet;
         North 45°38' East, 155.0 feet; North 56°41'14"East, 78.49 feet
  to a point in said Creek at the northwest corner said 333.47 acre
  tract, the southwest corner of the Samuel A. Piga 127.2128 acres,
  Ref. V. 3369, P. 700 and in the east line of said 113.75 acre tract;
         Thence south 33°34'02"east, 62.52 feet with the north line
  said 333.47 acre tract and with the south line of said 127.2128 acre
  tract to an iron pin found;
         Thence south 66°32'27"east, 1572.33 feet with the north line
  said 333.47 acre tract, with the south line of said 127.2128 acre
  tract and with a fence to an iron pin found beside a steel pipe
  corner post at the northeast corner said 333.47 acre tract and at an
  ell corner of said 127.2128 acre tract;
         Thence south 0°21'55"west, with the east line said 333.47 acre
  tract, the east line of said 693.6925 acre tract, with the west line
  of the Donnie J. Tamplen 61.016 acres, Ref. Doc. No. 96-0067653, the
  west line of the Sangani Properties Ltd 19.3670 acres, Ref. Doc. No.
  04-1110047 and with the west line of the MBJ #2 LLC UNITED STATES
  POST OFFICE LOT 1, Ref. Doc. No. 04-85524, passing a 1/2 inch iron
  pin set at 300.0 feet and continuing with the center of Smiley Road,
  in all 3703.1 feet to an iron pin found in said east line and Road
  for an angle point;
         Thence south 0°02'08"east, 1826.54 feet with the east line of
  said 693.6925 acre tract, with the west line of said Lot 1 and with
  the center of Smiley Road to an iron pin found at the southeast
  corner of said 693.6925 acre tract, the southwest corner of said Lot
  1 and in the north R.O.W. line of Farm Road No. 428;
         Thence southwesterly with the south line of said 693.6925
  acre tract and with the north R.O.W. line of Farm Road No. 428 as
  follows:
         South 37°48'16"West, 159.72 feet to the beginning of a curve
  to the left;
         with said curve to the left an arc of 117.26 feet on a radius
  of 1196.28 feet, around a central angle of 5°36'58" with a chord of
  117.21 feet which bears South 68°46'west;
         South 60°42'46" West, 104.26 feet to the beginning of a curve
  to the left;
         with said curve to the left an arc of 258.7 feet around a
  central angle of 12°26'32" on a radius of 1191.28 feet with a chord
  of 258.19 feet which bears South 54°44' west to the end of said
  curve;
         South 48°31'west, 760.55 feet to a wood R.O.W. Mon.;
         South 69°26'30"West, 186.8 feet to a 1/2 inch iron pin set;
         South 20°33'24"East, 71.44 feet to a wood R.O.W. Mon.;
         South 48°31'west, 88.7 feet; South 54°14'west, 100.5 feet;
         South 48°31'west, 300.0 feet; South 45°39' west, 100.1 feet;
         South 48°31'west, 1100.0 feet; South 45°39' west, 100.1 feet;
         South 48°31'west, 1298.93 feet; South 51°23' west, 100.1 feet;
  South 48°31'west, 169.23 feet to an iron pin found at the south
  corner of said 693.6925 acre tract and at the southeast corner of
  the Bilal K. Nabahani 73.861 acres, Ref. V. 2414, P. 583;
         Thence north 1°08'42"east, 1802.89 feet with a west line of
  said 693.6925 acre tract, with the east line of said 73.861 acre
  tract and on a line near a fence to an iron pin found at an ell
  corner of said 693.6925 acre tract and at the northeast corner of
  said 73.861 acre tract;
         Thence north 89°26'26"west, 4747.32 feet with a south line of
  said 693.6925 acre tract, with the north line of said 73.861 acre
  tract, the north line of the Bilal K. Nabahani 107.10 acres and
  22.265 acres, Ref. V. 2414, P. 583 and with the center of the
  apparently abandoned Tom Cole Road to an iron pin found at the west,
  southwest corner of said 693.6925 acre tract, the northwest corner
  of said 22.265 acre tract and in the east R.O.W. line of Farm Road
  No. 1385;
         Thence north 2°40'26"east, 3167.33 feet with the west line of
  said 693.6925 acre tract and with said east R.O.W. line to a R.O.W.
  Mon. for an angle point;
         Thence north 2°49'23"east, 886.52 feet with said west line and
  said east R.O.W. line to the PLACE OF BEGINNING and containing
  1027.0755 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, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4061 was passed by the House on May 9,
  2007, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting; and that the House adopted H.C.R. 272 authorizing certain
  corrections in H.B. 4061 on May 25, 2007, by a non-record vote.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4061 was passed by the Senate on May
  23, 2007, by the following vote:  Yeas 31, Nays 0; and that the
  Senate adopt H.C.R. 272 authorizing certain corrections in H.B.
  4061 on May 26, 2007, by viva-voce vote.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor