86R13341 AAF-F
 
  By: Stucky H.B. No. 4720
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Burns Branch Municipal Utility
  District No. 1 of Denton County; granting a limited power of eminent
  domain; providing authority to issue bonds; providing authority to
  impose assessments, fees, and taxes.
         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 8095 to read as follows:
  CHAPTER 8095.  BURNS BRANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF
  DENTON COUNTY
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8095.0101.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Commission" means the Texas Commission on
  Environmental Quality.
               (3)  "Director" means a board member.
               (4)  "District" means the Burns Branch Municipal
  Utility District No. 1 of Denton County.
         Sec. 8095.0102.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8095.0103.  CONFIRMATION AND DIRECTOR ELECTION
  REQUIRED.  The temporary directors shall hold an election to
  confirm the creation of the district and to elect five permanent
  directors as provided by Section 49.102, Water Code.
         Sec. 8095.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  8095.0103 until each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located has
  consented by ordinance or resolution to the creation of the
  district and to the inclusion of land in the district.
         Sec. 8095.0105.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
  (a)  The district is created to serve a public purpose and benefit.
         (b)  The district is created to accomplish the purposes of:
               (1)  a municipal utility district as provided by
  general law and Section 59, Article XVI, Texas Constitution; and
               (2)  Section 52, Article III, Texas Constitution, that
  relate to the construction, acquisition, improvement, operation,
  or maintenance of macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 8095.0106.  INITIAL DISTRICT TERRITORY.  (a)  The
  district is initially composed of the territory described by
  Section 2 of the Act enacting this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act enacting 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 the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bond for the purposes
  for which the district is created or to pay the principal of and
  interest on a bond;
               (3)  right to impose a tax; or
               (4)  legality or operation.
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8095.0201.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8095.0202, directors
  serve staggered four-year terms.
         Sec. 8095.0202.  TEMPORARY DIRECTORS.  (a)  On or after
  September 1, 2019, the owner or owners of a majority of the assessed
  value of the real property in the district may submit a petition to
  the commission requesting that the commission appoint as temporary
  directors the five persons named in the petition.  The commission
  shall appoint as temporary directors the five persons named in the
  petition.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8095.0103; or
               (2)  September 1, 2023.
         (c)  If permanent directors have not been elected under
  Section 8095.0103 and the terms of the temporary directors have
  expired, successor temporary directors shall be appointed or
  reappointed as provided by Subsection (d) to serve terms that
  expire on the earlier of:
               (1)  the date permanent directors are elected under
  Section 8095.0103; or
               (2)  the fourth anniversary of the date of the
  appointment or reappointment.
         (d)  If Subsection (c) applies, the owner or owners of a
  majority of the assessed value of the real property in the district
  may submit a petition to the commission requesting that the
  commission appoint as successor temporary directors the five
  persons named in the petition.  The commission shall appoint as
  successor temporary directors the five persons named in the
  petition.
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8095.0301.  GENERAL POWERS AND DUTIES.  The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8095.0302.  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. 8095.0303.  AUTHORITY FOR ROAD PROJECTS. Under Section
  52, Article III, Texas Constitution, the district may design,
  acquire, construct, finance, issue bonds for, improve, operate,
  maintain, and convey to this state, a county, or a municipality for
  operation and maintenance macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 8095.0304.  ROAD STANDARDS AND REQUIREMENTS. (a) 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 road project is located.
         (b)  If a road project is not located in the corporate limits
  or extraterritorial jurisdiction of a municipality, the road
  project must meet all applicable construction standards,
  subdivision requirements, and regulations of each county in which
  the road project is located.
         (c)  If the state will maintain and operate the road, the
  Texas Transportation Commission must approve the plans and
  specifications of the road project.
         Sec. 8095.0305.  COMPLIANCE WITH MUNICIPAL CONSENT
  ORDINANCE OR RESOLUTION.  The district shall comply with all
  applicable requirements of any ordinance or resolution that is
  adopted under Section 54.016 or 54.0165, Water Code, and that
  consents to the creation of the district or to the inclusion of land
  in the district.
         Sec. 8095.0306.  DIVISION OF DISTRICT. (a)  The district may
  be divided into two or more new districts only if the district:
               (1)  has no outstanding bonded debt; and
               (2)  is not imposing ad valorem taxes.
         (b)  This chapter applies to any new district created by the
  division of the district, and a new district has all the powers and
  duties of the district.
         (c)  Any new district created by the division of the district
  may not, at the time the new district is created, contain any land
  outside the area described by Section 2 of the Act enacting this
  chapter.
         (d)  A new district created by the division of the district
  may contain land in Denton County only if the commissioners court of
  Denton County consents to the creation of the new district and the
  inclusion of the land.
         (e)  Subject to Subsection (d), the board, on its own motion
  or on receipt of a petition signed by the owner or owners of a
  majority of the assessed value of the real property in the district,
  may adopt an order dividing the district.
         (f)  The board may adopt an order dividing the district
  before or after the date the board holds an election under Section
  8095.0103 to confirm the district's creation.
         (g)  An order dividing the district shall:
               (1)  name each new district;
               (2)  include the metes and bounds description of the
  territory of each new district;
               (3)  appoint temporary directors for each new district;
  and
               (4)  provide for the division of assets and liabilities
  between the new districts.
         (h)  On or before the 30th day after the date of adoption of
  an order dividing the district, the district shall file the order
  with the commission and record the order in the real property
  records of each county in which the district is located.
         (i)  Any new district created by the division of the district
  shall hold a confirmation and directors' election as required by
  Section 8095.0103.  If the voters of a new district do not confirm
  the creation of the new district, the assets, obligations,
  territory, and governance of the new district revert to the
  original district.
         (j)  Municipal consent to the creation of the district and to
  the inclusion of land in the district granted under Section
  8095.0104 acts as municipal consent to the creation of any new
  district created by the division of the district and to the
  inclusion of land in the new district.
         (k)  Any new district created by the division of the district
  must hold an election as required by this chapter to obtain voter
  approval before the district may impose a maintenance tax or issue
  bonds payable wholly or partly from ad valorem taxes.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8095.0401.  ELECTIONS REGARDING TAXES OR BONDS. (a)
  The district may issue, without an election, bonds and other
  obligations secured by:
               (1)  revenue other than ad valorem taxes; or
               (2)  contract payments described by Section 8095.0403.
         (b)  The district must hold an election in the manner
  provided by Chapters 49 and 54, Water Code, to obtain voter approval
  before the district may impose an ad valorem tax or issue bonds
  payable from ad valorem taxes.
         (c)  The district may not issue bonds payable from ad valorem
  taxes to finance a road project unless the issuance is approved by a
  vote of a two-thirds majority of the district voters voting at an
  election held for that purpose.
         Sec. 8095.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8095.0401, the
  district may impose an operation and maintenance tax on taxable
  property in the district in accordance with Section 49.107, Water
  Code.
         (b)  The board shall determine the tax rate.  The rate may not
  exceed the rate approved at the election.
         Sec. 8095.0403.  CONTRACT TAXES.  (a)  In accordance with
  Section 49.108, Water Code, the district may impose a tax other than
  an operation and maintenance tax and use the revenue derived from
  the tax to make payments under a contract after the provisions of
  the contract have been approved by a majority of the district voters
  voting at an election held for that purpose.
         (b)  A contract approved by the district voters may contain a
  provision stating that the contract may be modified or amended by
  the board without further voter approval.
  SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
         Sec. 8095.0501.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS.  The district may issue bonds or other obligations
  payable wholly or partly from ad valorem taxes, impact fees,
  revenue, contract payments, grants, or other district money, or any
  combination of those sources, to pay for any authorized district
  purpose.
         Sec. 8095.0502.  TAXES FOR BONDS. At the time the district
  issues bonds payable wholly or partly from ad valorem taxes, the
  board shall provide for the annual imposition of a continuing
  direct ad valorem tax, without limit as to rate or amount, while all
  or part of the bonds are outstanding as required and in the manner
  provided by Sections 54.601 and 54.602, Water Code.
         Sec. 8095.0503.  BONDS FOR ROAD PROJECTS. At the time of
  issuance, the total principal amount of bonds or other obligations
  issued or incurred to finance road projects and payable from ad
  valorem taxes may not exceed one-fourth of the assessed value of the
  real property in the district.
         SECTION 2.  The Burns Branch Municipal Utility District
  No. 1 of Denton County initially includes all the territory
  contained in the following area:
  FIELD NOTES WISE COUNTY
  SITUATED in the State of Texas and County of Wise, being part of the
  E. I McDaniel Survey, Abstract No. 808, Joseph Luce Survey,
  Abstract No. 497, William Chadwell Survey, Abstract No. 1321, S. D.
  Chadwell Survey, Abstract No. 1320, G. I Walton Survey, Abstract
  No. 1361 and the A. P Lancaster Survey, Abstract No. 1257 and being
  part of tract as recorded in CC# 2009-102747 of the Deed Records of
  Denton County, said premises being more particularly described as
  follows;
  BEGINNING at a point for corner marking the southeast corner of said
  premises, said point being on the Denton Wise County line per deed
  recorded in Volume 264, Page 508;
  THENCE with the south line of said premises as follows,
         South 59°48'00" West, 592.47 feet;
         South 45°55'34" West, 2,584.96 feet;
         South 84°26'09" West, 729.95 feet;
         South 89°51'00" West, 773.95 feet;
         South 82°53'00" West, 525.14 feet;
         South 73°44'00" West, 233.52 feet;
         South 40°52'00" West, 79.51 feet;
         North 50°55'00" West, 233.24 feet to a point for corner
  marking the southwest corner of said premises and being in the
  center of Denton Creek;
  THENCE with said creek as follows,
         North 22°43'00" East, 173.47 feet;
         North 35°51'00" East, 543.21 feet;
         North 04°13'00" West, 19043 feet;
         North 50°12'00" East, 117.32 feet;
         North 83°41'00" East, 281.89 feet;
         North 17°42'00" East, 98.69 feet;
         North 11°48'00" West, 460.09 feet;
         North 42°23'00" East, 155.68 feet;
         South 89°47'00" East, 135.11 feet;
         South 19°48'00" East, 132.88 feet;
         North 88°39'00" East, 128.16 feet;
         North 21°15'00" East, 214.06 feet;
         North 88°46'00" East, 92.85 feet;
         South 57°38'00" East, 203.77 feet;
         North 19°45'00" East, 192.38 feet;
         North 62°17'00" East, 333.60 feet;
         North 50°53'00" East, 710.57 feet;
         North 60°48'00" East, 789.80 feet;
         North 10°41'00" West, 53.93 feet;
  THENCE departing said creek and with the west line of said premises,
  South 43°54'00" East, 1,720.82 feet to a point for corner marking an
  internal corner of said premises;
  THENCE with the north line of said premises, South 46°27'00" East,
  505.40 feet to a point for corner marking an internal corner of said
  premises;
  THENCE with the east line of said premises, North 45°00'00" East,
  135.94 feet to a point for corner in said Denton Creek;
  THENCE with the south line of said premises and said creek as
  follows:
         North 24°24'00" West, 331.93 feet;
         North 47°17'00" West, 655.25 feet;
         South 69°27'00" West, 188.21 feet;
         North 52°23'00" West, 121.21 feet;
         North 16°37'00" East, 237.97 feet;
         North 58°06'00" West, 113.70 feet;
         North 90°00'00" West, 199.05 feet;
         South 26°23'00" West, 583.80 feet;
         North 71°42'00" West, 137.05 feet;
         North 38°17'00" West, 435.90 feet;
         South 17°03'00" West, 143.45 feet;
         North 72°49'00" West, 230.18 feet;
         North 66°25'00" West, 120.10 feet;
         North 02°24'00" West, 430.07 feet;
         North 49°09'00" West, 195.71 feet;
         South 58°07'00" West, 53.10 feet;
         North 86°47'00" West, 89.24 feet;
         South 21°48'00" West, 132.99 feet;
         South 37°08'00" West, 165.69 feet;
         South 20°40'00" West, 113.42 feet;
         South 85°00'00" West, 229.63 feet;
         South 14°54'00" East, 198.77 feet;
         South 70°59'00" West, 175.97 feet;
         North 64°46'06" West, 456.73 feet;
         North 70°03'37" West, 911.94 feet;
  THENCE departing said creek and with the west line of said premises,
  North 45°00'00" East, 2,775.00 feet to a point for corner marking an
  internal corner of said premises;
  THENCE with the west line of said premises, North 44°36'00" West,
  2,515.28 feet to a point for corner marking the northwest corner of
  said premises;
  THENCE with the west line of said premises, North 45°04'00" East,
  6,222.22 feet to a point for corner marking the northeast corner of
  said premises and being on said county line per deed;
  THENCE with the east line of said premises and said county line,
  South 00°56'02" West, 11,402.11 feet to the point of beginning and
  containing 755.414 acres of land.
  FIELD NOTES DENTON COUNTY
  SITUATED in the State of Texas and County of Denton, being part of
  the W. G. McDaniel Survey, Abstract No. 809 and the R. R. Jowell
  Survey, Abstract No. 660 being part of tract as recorded in CC#
  2009-102747 of the Deed Records of Denton County, said premises
  being more particularly described as follows;
  BEGINNING at a point for corner marking the southeast corner of said
  premises and said tract;
  THENCE with the south line of said premises, South 85°55'00" West,
  6,846.94 feet to a point for corner marking the southwest corner of
  said premises and being on the Denton Wise county line per deed
  recorded in Volume 264, Page 508;
  THENCE with said county line and the west line of said premises,
  North 00°57'03" East, 11,402.11 feet to a point for corner marking
  the northwest corner of said premises;
  THENCE with the north line of said premises, South 89°48'00" East,
  4,626.11 feet to a point for corner marking the most northerly
  northeast corner of said premises;
  THENCE with the east line of said premises, South 00°15'00" West,
  5,963.06 feet to a point for corner marking an internal corner of
  said premises;
  THENCE with the north line of said premises, South 89°50'00" East,
  3,515.83 feet to a point for corner marking the most easterly
  northeast corner of said premises;
  THENCE with the east line of said premises, South 00°00'00" East,
  2,405.00 feet to a point for corner marking the most easterly
  southeast corner of said premises;
  THENCE with the south line of said premises, North 90°00'00" West,
  1,475.56 feet to a point for corner marking an internal corner of
  said premises;
  THENCE with the east line of said premises, South 00°00'00" East,
  2,518.61 feet to the point of beginning and containing 1,526.734
  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.  (a)  If this Act does not receive a two-thirds
  vote of all the members elected to each house, Subchapter C, Chapter
  8095, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8095.0307 to read as follows:
         Sec. 8095.0307.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         (b)  This section is not intended to be an expression of a
  legislative interpretation of the requirements of Section 17(c),
  Article I, Texas Constitution.
         SECTION 5.  This Act takes effect September 1, 2019.