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AN ACT
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relating to the creation of the Rocky Top Ranch Municipal Utility |
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District of Denton County; granting a limited power of eminent |
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domain; providing authority to issue bonds; providing authority to |
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impose assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7905 to read as follows: |
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CHAPTER 7905. ROCKY TOP RANCH MUNICIPAL UTILITY DISTRICT OF DENTON |
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COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7905.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Rocky Top Ranch Municipal |
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Utility District of Denton County. |
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Sec. 7905.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 7905.0103. CONFIRMATION AND DIRECTOR ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 7905.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7905.0103 until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 7905.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7905.0106. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7905.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 7905.0202, directors |
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serve staggered four-year terms. |
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Sec. 7905.0202. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7905.0103; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 7905.0103 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7905.0103; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7905.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7905.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7905.0303. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7905.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 7905.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 7905.0306. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) A new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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7905.0103 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 7905.0103. If the voters of a new district do not confirm |
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the creation of the new district, the assets, obligations, |
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territory, and governance of the new district revert to the |
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original district. |
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(i) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(k) Municipal consent to the creation of the district and to |
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the inclusion of land in the district granted under Section |
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7905.0104 acts as municipal consent to the creation of any new |
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district created by the division of the district and to the |
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inclusion of land in the new district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7905.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 7905.0403. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7905.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7905.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 7905.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7905.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7905.0502. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7905.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. Rocky Top Ranch Municipal Utility District of |
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Denton County initially includes all the territory contained in the |
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following area: |
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Tract 1: |
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BEING A 152.226 ACRE TRACT OF LAND SITUATED IN THE JOHN B. CRAWFORD |
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SURVEY, ABSTRACT NO. 224, DENTON COUNTY, TEXAS, AND BEING ALL OF A |
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CALLED 60.030 ACRE TRACT OF LAND CONVEYED TO GARLAND R. BOYD, AS |
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RECORDED IN VOLUME 2715, PAGE 650, OFFICIAL PUBLIC RECORDS, DENTON |
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COUNTY, TEXAS, AND THE REMAINING PORTION OF A CALLED 115.3885 ACRE |
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TRACT OF LAND CONVEYED TO GARLAND R. BOYD AND JOSEPHINE BOYD, AS |
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RECORDED IN VOLUME 1483, PAGE 250, REAL PROPERTY RECORDS, DENTON |
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COUNTY, TEXAS. SAID 152.226 ACRE TRACT BEING MORE PARTICULARLY |
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DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING AT A 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL SERVICES" |
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SET FOR THE NORTHWEST CORNER OF SAID 152.226 ACRE TRACT, FROM WHICH |
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A 1/2" IRON ROD FOUND BEARS S 89°57'04" W, A DISTANCE OF 1302.00 |
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FEET. SAID 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL SERVICES" |
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BEING CALLED THE POINT OF BEGINNING AND HAVING A TEXAS COORDINATE |
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SYSTEM OF 1983, TEXAS NORTH CENTRAL ZONE (4202), STATE PLANE |
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COORDINATE OF N:7140353.10, E:2323847.58 FEET, FOR REFERENCE. |
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THENCE, N 89°57'04" E, A DISTANCE OF 1056.17 FEET TO A 1/2" CAPPED |
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IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER ON THE NORTH |
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LINE OF SAID 152.226 ACRE TRACT; |
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THENCE, N 89°57'04" E, A DISTANCE OF 777.30 FEET TO A 1/2" CAPPED |
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IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER ON THE NORTH |
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LINE OF SAID 152.226 ACRE TRACT; |
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THENCE, S 07°20'11" E, A DISTANCE OF 23.45 FEET TO A FENCE CORNER |
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POST FOUND FOR CORNER OF SAID 152.226 ACRE TRACT; |
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THENCE, S 89°44'52" E, A DISTANCE OF 834.84 FEET TO A 1/2" CAPPED |
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IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR THE NORTHEAST |
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CORNER OF SAID 152.226 ACRE TRACT; |
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THENCE, S 00°24'16" W, A DISTANCE OF 2474.53 FEET TO A 1/2" CAPPED |
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IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR THE SOUTHEAST |
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CORNER OF SAID 152.226 ACRE TRACT ON THE NORTH LINE OF JACKSON ROAD; |
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THENCE WITH THE SOUTH LINE OF SAID 152.226 ACRE TRACT THE FOLLOWING |
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COURSES AND DISTANCES: |
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N 89°34'11" W, ALONG THE NORTH LINE OF JACKSON ROAD, A |
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DISTANCE OF 167.02 FEET TO A BENT 1" IRON ROD FOUND FOR |
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CORNER; |
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S 00°29'47" W, OVER AND ACROSS SAID JACKSON ROAD, A DISTANCE |
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OF 40.00 FEET TO A 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL |
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SERVICES" SET FOR AN ANGLE POINT OF SAID 152.226 ACRE TRACT; |
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N 89°10'42" W, A DISTANCE OF 400.35 FEET TO A 1/2" CAPPED IRON |
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ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER; |
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N 00°29'47" E, OVER AND ACROSS SAID JACKSON ROAD, A DISTANCE |
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OF 40.00 FEET TO A 5/8" IRON ROD FOUND FOR CORNER ON THE NORTH |
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LINE OF JACKSON ROAD; |
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N 89°13'48" W, ALONG THE NORTH LINE OF SAID JACKSON ROAD, A |
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DISTANCE OF 1046.07 FEET TO A FENCE CORNER POST FOR CORNER; |
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N 89°37'45" W, CONTINUING ALONG THE NORTH LINE OF JACKSON |
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ROAD, A DISTANCE OF 1055.80 FEET TO FENCE POST FOUND FOR |
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THE SOUTHWEST CORNER OF SAID 152.226 ACRE TRACT; |
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THENCE, N 00°21'12" E, DEPARTING SAID NORTH LINE OF JACKSON ROAD, |
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WITH THE WEST LINE OF SAID 152.226 ACRE TRACT, A DISTANCE OF 2471.99 |
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FEET TO THE POINT OF BEGINNING, CONTAINING 152.226 ACRES OR |
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6,630,966 SQUARE FEET OF LAND, MORE OR LESS. |
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Tract 2: |
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BEING A 247.889 ACRE TRACT OF LAND SITUATED IN THE JOHN B. CRAWFORD |
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SURVEY, ABSTRACT NO. 224, DENTON COUNTY, TEXAS, AND BEING ALL OF A |
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CALLED 247.194 ACRE TRACT OF LAND CONVEYED TO BORUCH FRISHMAN AS |
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RECORDED IN VOLUME 1282, PAGE 412, OFFICIAL PUBLIC RECORDS, DENTON |
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COUNTY, TEXAS. SAID 247.889 ACRE TRACT BEING MORE PARTICULARLY |
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DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
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BEGINNING AT A 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL SERVICES" |
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SET FOR THE SOUTHWEST CORNER OF SAID 247.889 ACRE TRACT, FROM WHICH |
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A 1/2" IRON ROD FOUND BEARS S 89°57'04" W, A DISTANCE OF 1597.05 |
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FEET. SAID 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL SERVICES" |
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BEING CALLED THE POINT OF BEGINNING AND HAVING A TEXAS COORDINATE |
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SYSTEM OF 1983, TEXAS NORTH CENTRAL ZONE (4202), STATE PLANE |
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COORDINATE OF N: 7140353.35, E: 2324142.63 FEET, FOR REFERENCE. |
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THENCE FROM SAID POINT OF BEGINNING, N 00°12'15" W, A DISTANCE OF |
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2466.89 FEET TO A 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL |
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SERVICES" SET FOR THE NORTHWEST CORNER OF SAID 247.889 ACRE TRACT; |
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THENCE, S 89°45'15" E, A DISTANCE OF 3170.12 FEET TO A 1/2" IRON PIPE |
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FOUND FOR CORNER OF SAID 247.889 ACRE TRACT; |
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THENCE, S 00°24'01" W, A DISTANCE OF 603.03 FEET TO A FENCE CORNER |
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POST FOUND FOR CORNER OF SAID 247.889 ACRE TRACT, FROM WHICH A 1/2" |
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IRON ROD FOUND BEARS S 04°21'04" E, A DISTANCE OF 0.28 FEET; |
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THENCE, S 89°30'52" E, A DISTANCE OF 1623.61 FEET TO A 1/2" CAPPED |
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IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER OF SAID |
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247.889 ACRE TRACT AND BEING IN RIPY ROAD, FROM WHICH AN IRON ROD |
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FOUND BEARS N 00°07'28" W, A DISTANCE OF 604.87 FEET; |
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THENCE, S 00°06'47" E, ALONG SAID RIPY ROAD, A DISTANCE OF 1832.41 |
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FEET TO A 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET |
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FOR THE SOUTHEAST CORNER OF SAID 247.889 ACRE TRACT IN RIPY ROAD; |
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THENCE WITH THE SOUTH LINE OF SAID 247.889 ACRE TRACT THE FOLLOWING |
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COURSES AND DISTANCES: |
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S 89°57'04" W, A DISTANCE OF 2002.33 FEET TO A 1/2" CAPPED IRON |
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ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER OF SAID |
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247.889 ACRE TRACT; |
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S 01°21'57" W, A DISTANCE OF 29.78 FEET TO A FENCE CORNER POST |
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FOUND FOR CORNER OF SAID 247.889 ACRE TRACT; |
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N 89°44'52" W, A DISTANCE OF 1239.81 FEET TO A FENCE CORNER |
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POST FOUND FOR CORNER OF SAID 247.889 ACRE TRACT; |
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N 07°20'11" W, A DISTANCE OF 23.45 FEET TO A 1/2" CAPPED IRON |
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ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER OF SAID |
|
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247.889 ACRE TRACT; |
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THENCE, S 89°57'04" W, CONTINUING WITH THE SOUTH LINE OF SAID |
|
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247.889 ACRE TRACT A DISTANCE OF 1538.42 FEET TO TO THE POINT OF |
|
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BEGINNING, CONTAINING 247.889 ACRES OR 10,798,024 SQUARE FEET OF |
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LAND, MORE OR LESS. |
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SECTION 3. (a) The legal notice of the intention to |
|
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introduce this Act, setting forth the general substance of this |
|
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Act, has been published as provided by law, and the notice and a |
|
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copy of this Act have been furnished to all persons, agencies, |
|
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officials, or entities to which they are required to be furnished |
|
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
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Government Code. |
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(b) The governor, one of the required recipients, has |
|
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submitted the notice and Act to the Texas Commission on |
|
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Environmental Quality. |
|
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(c) The Texas Commission on Environmental Quality has filed |
|
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its recommendations relating to this Act with the governor, the |
|
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lieutenant governor, and the speaker of the house of |
|
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
|
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vote of all the members elected to each house, Subchapter C, Chapter |
|
|
7905, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 7905.0307 to read as follows: |
|
|
Sec. 7905.0307. NO EMINENT DOMAIN POWER. The district may |
|
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not exercise the power of eminent domain. |
|
|
(b) This section is not intended to be an expression of a |
|
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2208 passed the Senate on |
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May 5, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2208 passed the House on |
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May 8, 2021, by the following vote: Yeas 107, Nays 32, two present |
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not voting. |
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Chief Clerk of the House |
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Approved: |
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Date |
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______________________________ |
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Governor |