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78R15051 QS-F
By: Brown of Kaufman H.B. No. 3615
Substitute the following for H.B. No. 3615:
By: Callegari C.S.H.B. No. 3615
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation, and financing of the Kingsborough Municipal Utility
District No. 9 of Kaufman County.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the
district.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "District" means the Kingsborough Municipal
Utility District No. 9 of Kaufman County.
SECTION 2. CREATION. (a) A conservation and reclamation
district, to be known as the Kingsborough Municipal Utility
District No. 9 of Kaufman County, is created in Kaufman County,
subject to approval at a confirmation election under Section 13 of
this Act.
(b) The district is a governmental agency and a political
subdivision of this state.
SECTION 3. AUTHORITY FOR CREATION. The district is created
under and is essential to accomplish the purposes of Section 52,
Article III, and Section 59, Article XVI, Texas Constitution.
SECTION 4. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public use and benefit.
(b) All of the land and other property included within the
boundaries of the district will be benefited by the works and
projects that are to be accomplished by the district under powers
conferred by Section 52, Article III, and Section 59, Article XVI,
Texas Constitution.
SECTION 5. BOUNDARIES. The boundaries of the district are
as follows:
All that certain lot, tract or parcel of land, part of the
J.D. Merchant Survey, Abstract No. 310, Kaufman County, Texas and
the J.D. Merchant Survey, Abstract No. 850, Dallas County, Texas,
part of that certain called 35.03 acre tract described in a deed to
David Marshall by W. E. Burgess, et ux on September 9, 1960,
recorded in Vol. 434 page 107 of the Deed Records of Kaufman County,
Texas, part of that certain called 110 acre tract described in a
deed to David Marshall by Blanche H. Bennett on September 22, 1983,
recorded in Vol. 746 page 21 of the Deed Records of Kaufman County,
Texas, part of that certain Tract I, called 102 acres and part of
that certain Tract 2, called 99 3/4 acres described in a deed to
David Marshall by Mabel Hawthorne on October 17, 1972, recorded in
Vol. 568 page 401 of the Deed Records of Kaufman County, Texas, all
of that certain Tract A, called 18.4252 acres conveyed to Robert
Lyle Marshall, Jr., all of that certain Tract B, called 18.4252
acres conveyed to David M. Marshall and all of that certain Tract D,
called 18.4252 acres conveyed to Josephine Marshall Moellenberg in
a Partition Deed by Robert Lyle Marshall, et all on December 27,
1990, recorded in Vol. 1009 page 889 of the Deed Records of Kaufman
County, Texas, all of that certain called 18.4252 acre tract
conveyed to Robert L. Marshall, Jr. and David M. Marshall by Lyle P.
Marshall, et al on December 16, 1992, recorded in Vol. 1075 page 496
of the Deed Records of Kaufman County, Texas, all of that certain
called 11.304 acre tract conveyed to Texas Power & Light Company by
Winnie D. Marshall on April 6, 1964, recorded in Vol. 470 page 342
of the Deed Records of Kaufman County, Texas and all of that
certain 0.017 acre tract conveyed to Texas Power & Light Company by
Mabel Hawthorne on April 6, 1964, recorded in Vol. 470 page 340 of
the Deed Records of Kaufman County, Texas and being more completely
described as follows, to-wit:
BEGINNING at a 1/2" Iron rod set at the South corner of the
above mentioned Tract D and being at the intersection of the
Southeast line of the above mentioned J.D. Merchant Survey,
Abstract No. 310 with the Northeast Right of Way line at Old Highway
No. 40, a.k.a. Kaufman Street.
THENCE N 50 deg. 21 min. 16 sec. W, with the Northeast Right
of Way line of Old Highway No. 40, a distance of 830.33 ft. to a 1/2"
Iron rod set at an angle corner in same and being in the line between
Dallas County and Kaufman County, Texas.
THENCE N 0 deg. 00 min. 12 sec. W, continuing with said Right
of Way line and with said County line, a distance of 12.99 ft. to a
1/2" Iron rod set for corner.
THENCE N 50 deg. 21 min. 16 sec. W, continuing with the
Northeast Right of Way line of Old Highway No. 40, a distance of
1532.11 ft. to a 1/2" Iron rod found at the West corner of the above
mentioned Tract A and being at the South corner of the Jack Proctor
14.000 acre tract, recorded in Vol. 83094 page 4165 of the Deed
Records of Dallas County, Texas.
THENCE N 46 deg. 14 min. 58 sec. E, with the Northwest line of
said Tract A, passing the North corner of same, continuing a total
distance of 1632.55 ft. to a 3/8" Iron rod found at an angle corner
in the West or Northwest line of the above mentioned 99 3/4 acre
tract and being in the line between Dallas County and Kaufman
County, Texas.
THENCE, N 0 deg. 38 min. 43 sec. E, with the North or
Northwest line of said 99 3/4 acre tract and with said County line,
a distance of 1101.02 ft. to a 3/8" Iron rod found at the Northeast
corner of the Veterans Land Board of Texas 10.647 acre tract,
recorded in Vol. 82098 page 2393 of the Deed Records of Dallas
County, Texas and being at the South corner of the Marvin C. Kennedy
8.372 acre tract, recorded in Vol. 83175 page 3558 of the Deed
Records of Dallas County, Texas.
THENCE, N 0 deg. 24 min. 27 sec. E, continuing with said
County Line, a distance of 1992.69 ft. to a point for corner at the
intersection of same with the centerline of East Bluff Road, from
which a 3/8" Iron rod found in the Southeast line of said road bears
S 0 deg. 24 min. 27 sec. W-23.93 ft.
THENCE N 46 deg. 15 min. 30 sec E, with the centerline of East
Bluff Road, a distance of 390.76 ft. to a 1/2" Iron rod set at the
intersection of same with the South Right of Way line of U.S.
Highway No. 175.
THENCE N 71 deg. 36 min. 42 sec. E, with the South Right of Way
line of U.S. Highway No. 175, a distance of 50.80 ft. to a Concrete
Monument found at an angle corner in same.
THENCE N 76 deg. 37 min. 31 sec. E, continuing with said Right
of Way line, a distance of 89.06 ft. to a Concrete Monument found at
an angle corner in same.
THENCE S 80 deg. 10 min. 05 sec. E, continuing with said Right
of Way line, a distance of 234.89 ft. to a Concrete Monument found
at an angle corner in same.
THENCE S 75 deg. 31 min. 17. sec. E, continuing with said
Right of Way line, a distance of 920.20 ft. to a Concrete Monument
found at an angle corner in same.
THENCE S 78 deg. 30 min. 28 sec. E, continuing with said Right
of Way line, a district of 800.72 ft. to a Concrete Monument found
at an angle corner in same.
THENCE S 81 deg. 31 min. 03 sec. E, continuing with the South
Right of Way line of U.S. Highway No. 175, a distance of 399.84 ft to
a 1/2" Iron rod found at the North corner of the Rock Church, Inc.
6.0062 acre tract, recorded in Vol. 725 page 486 of the Deed Records
of Kaufman County, Texas.
THENCE S 44 deg. 54 min. 11 sec. W, with the Northwest line of
said 6.0062 acre tract, a distance of 547.56 ft. to a 1/2" Iron rod
set at the West corner of same, in the Southwest line of the above
mentioned 35.03 acre tract and being in the Northwest line of the
above mentioned 110 acre tract.
THENCE S 45 deg. 00 min. 00 sec. E, with the Northeast line of
said 110 acre tract, a distance of 1492.92 ft. to a 1/2" Iron rod set
at the intersection of same with the West Right of Way line of Farm
to Market Road No. 1389 and being at the South corner of the Jack D.
Russell 0.029 acre Tract One, recorded in Vol. 1938 page 626 of the
Deed Records of Kaufman County, Texas.
THENCE S 20 deg. 49 min. 23 sec. W, with the West Right of Way
line of Farm to Market Road No. 1389, a distance of 1928.31 ft. to a
1/2" Iron rod set at the P.C. of a curve to the right, the radius
point of which bears N 69 deg. 10 min. 37 sec. W-2619.70 ft.
THENCE, continuing with said Right of Way line and with said
curve to the right, the angle of which is 6 deg. 26 min. 59 sec., the
radius is 2619.70 ft. and the tangent is 147.60 ft., a distance of
294.90 ft to a 1/2" Iron rod set at the P.T. of said curve to the
right.
THENCE S 27 deg. 16 min. 29 sec. W, continuing with the West
Right of Way line of Farm Market Road No. 1389, a distance of 167.63
ft. to a 1/2" Iron rod set at the intersection of same with the
Southeast line of the above mentioned J.D. Merchant survey,
Abstract No. 310 and being in the Southeast line of the above
mentioned 99 3/4 acre tract.
THENCE S 45 deg. 13 min. 47 sec. W, with the Southeast line of
said 99 3/4 acre tract and with the Southeast line of said J.D.
Merchant Survey, Abstract No. 310, a distance of 1421.52 ft. to a
1/2" Iron rod set at the South corner of said 99 3/4 acre tract and
being at the East corner of the above mentioned Tract D.
THENCE S 44 deg. 37 min. 07 sec. W, continuing with the
Southeast line of said J.D. Merchant Survey, Abstract No. 310 and
with the Southeast line of said Tract D, a distance of 1258.56 ft.
to the point of beginning, containing 353.295 acres of land, of
which 0.188 of an acre is within the above mentioned East Bluff Road
and of which 20.239 acres is within the above mentioned Texas Power &
Light tracts.
All that certain lot, tract or parcel of land, part of the
J.D. Merchant Survey, Abstract No. 310, Kaufman County, Texas, part
of that certain Tract 1, called 102 acres and part of that certain
Tract 2, called 99 3/4 acres described in a deed to David Marshall
be Mabel Hawthorne on October 17, 1972, recorded in Vol. 568 page
401 of the Deed Records of Kaufman County, Texas, all of that
certain called 11.304 acre tract conveyed to the Texas Power & Light
Company by Winnie D. Marshall on April 6, 1964, recorded in Vol. 470
page 342 of the Deed Records of Kaufman County, Texas and all of
that certain called 9.017 acre tract conveyed to Texas Power & Light
Company by Mabel Hawthorne on April 6, 1964, recorded in Vol. 470
page 340 of the Deed Records of Kaufman County, Texas and being more
completely described as follows, to-wit:
BEGINNING at a 1/2" Iron rod set at the South corner of the
above mentioned 9.017 acre tract, in the Southeast corner of the
above mentioned J.D. Merchant Survey, Abstract No. 310 and being in
the Southeast line of the above mentioned 99 3/4 acre tract, said
beginning point being N 45 deg. 13 min. 47 sec. E-448.29 ft. from
the South corner of said 99 3/4 acre tract.
THENCE N 0 deg. 02 min. 34 sec. E, with the West line of said
9.017 acre tract, a distance of 339.44 ft. to a 1/2" Iron rod set at
an angle corner in same.
THENCE N 13 deg. 36 min. 23 sec. W, continuing with the West
line of said 9.017 acre tract, passing the North corner of same,
continuing with the West line of the above mentioned 11.304 acre
tract, a total distance of 3486.19 ft. to a 1/2" Iron rod set at the
North corner of said 11.304 acre tract.
THENCE S 45 deg. 00 min. 00. sec. E, with the Northeast line
of said 11.304 acre tract, a distance of 479.93 ft. to a 1/2" Iron
rod set at the Northeast corner of same.
THENCE S 13 deg. 36 min 23 sec. E, with the East line of said
11.304 acre tract, passing the South corner of same, continuing
with the East line of said 9.017 acre tract, a total distance of
3106.44 ft. to a 1/2" Iron rod set at an angle corner of same.
THENCE S 0 deg. 02 min 34 sec. W, continuing with the East
line of said 9.017 acre tract, a distance of 120.99 ft. to a 3/8"
Iron rod set at the Southeast corner of same and being in the
Southeast line of the above mentioned J.D. Merchant Survey,
Abstract No. 310.
THENCE S 45 deg. 13 min. 47 sec. W, with the Southeast line of
said J.D. Merchant Survey, Abstract No. 310, a distance of 352.41
ft. to the point of beginning, containing 20.239 acres of land.
SECTION 6. FINDINGS RELATING TO BOUNDARIES. The
legislature finds that the boundaries and field notes of the
district form a closure. If a mistake is made in the field notes or
in copying the field notes in the legislative process, the mistake
does not affect in any way:
(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 district or the
board.
SECTION 7. GENERAL POWERS. (a) Except as provided by
Subsection (b) of this section, the district has all of the rights,
powers, privileges, authority, functions, 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. This Act prevails
over any provision of general law that is in conflict or
inconsistent with this Act.
(b) The district may not provide retail water service to an
area designated by ordinance or resolution of the governing body of
a municipality as within the water service area, extraterritorial
jurisdiction, or corporate limits of that municipality if the
municipality:
(1) has a population of less than 5,000; and
(2) has not given its express written consent.
SECTION 8. ADDITIONAL POWERS. (a) The district has the
additional rights, powers, privileges, authority, and functions
provided by this section.
(b) To the extent authorized by Section 52, Article III,
Texas Constitution, the district may provide for the construction,
maintenance, and operation inside or outside the boundaries of the
district of:
(1) paved roads and turnpikes; or
(2) works, facilities, or improvements related to the
roads and turnpikes.
SECTION 9. BONDS. (a) The district may issue bonds as
provided by Chapters 49 and 54, Water Code, and the general laws of
this state.
(b) The district may issue bonds, notes, or other
obligations of the district to finance construction, maintenance,
and operation under Section 8 of this Act and may impose a tax to pay
the principal of or interest on bonds issued under this subsection.
(c) The district may not issue bonds under Subsection (b) of
this section unless the issuance is approved by a vote of a
two-thirds majority of the qualified voters of the district voting
at an election called for that purpose. Bonds, notes, or other
obligations issued or incurred under Subsection (b) of this section
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
projects undertaken by the district under Section 8(b) of this Act
or to bonds issued by the district under Subsection (b) of this
section.
SECTION 10. EMINENT DOMAIN. The district may exercise the
right of eminent domain, as provided by Section 49.222, Water Code,
only within the boundaries of the district.
SECTION 11. BOARD OF DIRECTORS. (a) The district is
governed by a board of five directors.
(b) Temporary directors serve until initial directors are
elected under Section 13 of this Act.
(c) Initial directors serve until permanent directors are
elected under Section 14 of this Act.
(d) Permanent directors serve staggered four-year terms.
(e) Each director must qualify to serve as director in the
manner provided by Section 49.055, Water Code.
SECTION 12. APPOINTMENT OF TEMPORARY DIRECTORS. (a) On or
after the effective date of this Act, a person who owns land 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.
(b) Subject to Subsection (e) of this section, the
commission shall appoint as temporary directors the five persons
named in the first petition received by the commission.
(c) If a temporary director fails to qualify for office, the
commission shall appoint a person to fill the vacancy.
(d) As soon as practicable after all of the temporary
directors have qualified, the temporary directors shall meet and
elect officers from among their membership.
(e) The commission may appoint temporary directors for a
district that is located wholly or in part within an area designated
by ordinance or resolution of the governing body of a municipality
with a population of less than 5,000 as the water service area,
extraterritorial jurisdiction, or corporate limits of that
municipality only if the municipality has given its express written
consent to the creation of the district. The municipality may give
its consent only on the execution of a written agreement between the
developer of the district and a school district affiliated with the
municipality providing that the district will:
(1) fund the construction of buildings and
improvements for the school district; and
(2) establish an educational fund for the school
district of an amount based on an annually determined transaction
fee on the sale and resale of any home within the district
boundaries for the duration of the existence of the district.
SECTION 13. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
(a) Subject to Subsection (b) of this section, the temporary board
of directors shall call and hold an election to confirm
establishment of the district and to elect five initial directors
in the manner provided by Chapter 49, Water Code.
(b) The temporary board of directors may call and hold an
election to confirm establishment of a district that is located
wholly or in part within an area designated by ordinance or
resolution of the governing body of a municipality with a
population of less than 5,000 as the water service area,
extraterritorial jurisdiction, or corporate limits of that
municipality only if the municipality has given its express written
consent to the creation of the district. The municipality may give
its consent only on the execution of a written agreement between the
developer of the district and a school district affiliated with the
municipality providing that the district will:
(1) fund the construction of buildings and
improvements for the school district; and
(2) establish an educational fund for the school
district of an amount based on an annually determined transaction
fee on the sale and resale of any home within the district
boundaries for the duration of the existence of the district.
SECTION 14. ELECTION OF DIRECTORS. The board shall call and
hold elections to elect permanent directors in the manner provided
by Chapter 49, Water Code.
SECTION 15. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
(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 has submitted the notice and Act to the
commission.
(c) The commission has filed its recommendations relating
to this Act with the governor, lieutenant governor, and 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 16. EFFECTIVE DATE; EXPIRATION DATE. (a) This Act
takes effect September 1, 2003.
(b) If the creation of the district is not confirmed at a
confirmation election held under Section 13 of this Act before
September 1, 2005, this Act expires on that date.