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By: Brown of Kaufman (Senate Sponsor - Deuell) H.B. No. 3619
(In the Senate - Received from the House May 24, 2003;
May 24, 2003, read first time and referred to Committee on Natural
Resources; May 26, 2003, reported favorably by the following vote:
Yeas 7, Nays 0; May 26, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation, administration, powers, duties,
operation, and financing of the Kingsborough Municipal Utility
District No. 4 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. 4 of Kaufman County.
SECTION 2. CREATION. (a) A conservation and reclamation
district, to be known as the Kingsborough Municipal Utility
District No. 4 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:
BEING all that certain lot, tract or parcel of land located in
the Martha Musick Survey, Abstract No. 312 and the J. G. Moore
Survey, Abstract No. 309, Kaufman County, Texas, and being the
remainder of those certain tracts of land described as Tracts K14
through K20, in the deed the West Foundation, as filed for record in
Volume 720, Page 860 of the Deed Records of Kaufman County, Texas,
and being more particularly described by metes and bounds as
follows:
BEGINNING at the intersection of the Southerly right-of-way
line of Interstate 20 (a variable width right-of-way) and the
Southeasterly right-of-way line of Farm-Market 741 (a variable
width right-of-way at this point);
THENCE along the Southerly right-of-way line of said
Interstate 20 as follows;
North 83 deg. 22 min. 27 sec. East, a distance of 751.86 feet; North
88 deg. 29 min. 25 sec. East, a distance of 474.54 feet; South 84
deg. 18 min. 42 sec. East, a distance of 952.45 feet; South 78 deg.
59 min. 16 sec. East, a distance of 4.49 feet to the intersection of
the Southerly right-of-way line of Interstate 20 and the
Northeasterly boundary line of the aforementioned Tract K17, said
point also being the intersection of the said Southerly
right-of-way line and the Southwesterly boundary line of that
certain called 113.75 acre tract of land conveyed to Austin W.
Shipley, according to the deed filed for record in Volume 270, Page
221, Deed Records, Kaufman County, Texas;
THENCE South 45 deg. 06 min. 28 sec. East, along the common
boundary line between said Tract K17 and said called 113.75 acre
tract, at a distance of approximately 1240 feet passing the most
Southerly corner of said called 113.75 acre tract and the East
corner of that certain tract of land conveyed to Gordon T. West,
according to the deed filed for record in Volume 1636, Page 43, Deed
Records, Kaufman County, Texas, and continuing along the common
boundary line between said Tract K17 and said Gordon T. West tract,
in all a distance of 2131.39 feet to the Northwest boundary line of
that certain called 300 acre tract of land conveyed to Gordon T.
West, according to the deed filed for record in Volume 1636, Page
43, Deed Records, Kaufman County, Texas;
THENCE South 44 deg. 34 min. 38 sec. West, along the common
boundary line of said Tract K17 and said called 300 acre tract, and
generally along a barbed wire fence, a distance of 1891.96 feet, to
the South corner of said Tract K17 and the West corner of said
called 300 acre tract, said iron rod also being the North corner of
the aforementioned Tract K19;
THENCE South 46 deg. 09 min. 59 sec. East, along the common
boundary line between said called 300 acre tract and said Tract K19,
a distance of 3513.32 feet, to the Northwesterly right-of-way line
of Griffin Lane (a 50 foot wide right-of-way);
THENCE South 43 deg. 50 min. 01 sec. West, along the
Northwesterly right-of-way line of said Griffin Lane, a distance
of 2649.80 feet, to the Northeasterly right-of-way line of the
aforementioned Farm-Market 741;
THENCE along the Northeasterly right-of-way line of said
Farm-Market 741 as follows;
North 45 deg. 13 min. 23 sec. West, a distance of 4.98 feet;
North 44 deg. 58 min. 23 sec. West, at a distance of 632.24 feet
passing a wood monument found, and continuing in all a distance of
755.05 feet, said point being the beginning of a curve to the left
having a radius of 5774.58 feet;
Along said curve to the left, through a central angle of 12 deg. 08
min. 00 sec., an arc length of 1222.86 feet, and having a long chord
of North 51 deg. 02 min. 23 sec. West, 1220.58 feet;
North 57 deg. 06 min. 23 sec. West, generally along a barbed wire
fence, a distance of 328.05 feet, said point being the beginning of
a curve to the right having a radius of 11,382.09 feet;
Along said curve to the right and along said fence, through a
central angle of 11 deg. 54 min. 00 sec., an arc length of 2363.99
feet, and having a long chord which bears North 51 deg. 11 min. 23
sec. West, 2359.75 feet;
North 45 deg. 14 min. 23 sec. West, generally along said fence, a
distance of 1653.79 feet, said point being the beginning of a curve
to the right having a radius of 909.93 feet;
THENCE along said curve to the right and along the Easterly
right-of-way line of said Farm-Market 741 and generally along said
fence, through a central angle of 90 deg. 33 min. 04 sec., an arc
length of 1438.07 feet, and having a long chord which bears North 00
deg. 02 min. 09 sec. East, 1293.01 feet;
THENCE along the Southeasterly right-of-way line of said
Farm-Market 741 as follows;
North 45 deg. 18 min. 41 sec. East, a distance of 199.54 feet;
North 46 deg. 06 min. 41 sec. East, a distance of 1039.75 feet;
North 46 deg. 21 min. 41 sec. East, a distance of 759.38 feet, said
point being the beginning of a curve to the left having a radius of
999.93 feet;
Along said curve to the left, through a central angle of 14 deg. 28
min. 00 sec., an arc length of 252.47 feet, and having a long chord
which bears North 39 deg. 07 min. 41 sec. East, 251.80 feet;
North 31 deg. 53 min. 41 sec. East, a distance of 210.50 feet, said
point being the beginning of a curve to the right having a radius of
909.38 feet;
Along said curve to the right, through a central angle of 01 deg. 00
min. 31 sec., an arc length of 16.01 feet, and having a long chord
which bears North 32 deg. 23 min. 57 sec. East, 16.01 feet to the
POINT OF BEGINNING and containing 606.441 acres (26,416,564 square
feet) 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.
* * * * *