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79R14187 QS-F
By: King of Parker H.B. No. 3588
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the City of Fort Worth Municipal Utility
Districts Nos. 3, 4, 5, and 6 of Denton and Wise Counties; providing
authority to impose a tax and issue bonds; granting the power of
eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8159 to read as follows:
CHAPTER 8159. CITY OF FORT WORTH MUNICIPAL UTILITY DISTRICTS
NOS. 3, 4, 5, AND 6 OF DENTON AND WISE COUNTIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8159.001. DEFINITIONS. In this chapter:
(1) "Board" or "boards" means, as appropriate, the
board of directors of one or all of the districts.
(2) "Director" means a member of a board.
(3) "District" or "districts" means, as appropriate,
one or all of the City of Fort Worth Municipal Utility Districts
Nos. 3, 4, 5, and 6 of Denton and Wise Counties.
Sec. 8159.002. NATURE OF DISTRICT. Each district is a
municipal utility district in Denton and Wise Counties created
under and essential to accomplish the purposes of Section 59,
Article XVI, Texas Constitution.
Sec. 8159.003. CONFIRMATION ELECTION REQUIRED. If the
creation of a district is not confirmed at a confirmation election
held under Section 8159.024 before September 1, 2009:
(1) the district is dissolved September 1, 2009,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred pro rata to Denton and Wise Counties,
based on the total taxable value of all property in the district
located in each county as determined from the most recent appraisal
roll for each county; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) the provisions of this chapter relating to that
district expire September 1, 2010.
Sec. 8159.004. INITIAL DISTRICT TERRITORY. (a) Each
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes of each district, as
described by Section 2 of the Act creating this chapter, form a
closure. A mistake made in the field notes or in copying the field
notes in the legislative process does not affect:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes;
(3) the validity of the district's bonds, notes, or
indebtedness; or
(4) the legality or operation of the district or the
board.
[Sections 8159.005-8159.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8159.021. TEMPORARY DIRECTORS. (a) On or after
September 1, 2005, a person who owns land inside the boundaries of a
district may petition the Texas Commission on Environmental Quality
to appoint as temporary directors of that district the five persons
listed in the petition.
(b) The commission shall appoint as temporary directors the
persons listed in a petition received by the commission under
Subsection (a). If the commission receives more than one petition
for a district, the commission shall appoint the directors listed
in the first petition the commission receives.
(c) If a temporary director fails to qualify for office, the
commission shall appoint a person to fill the vacancy.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
8159.024; or
(2) the date the provisions of this chapter relating
to the district expire under Section 8159.003.
Sec. 8159.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors of a district have qualified under Section 49.055, Water
Code, the temporary directors of that district shall meet at a
location in the district agreeable to a majority of the directors of
that district. If a location cannot be agreed upon, the meeting
shall be at the Denton County Courthouse. At the meeting, the
temporary directors shall elect officers from among the temporary
directors and conduct any other district business.
Sec. 8159.023. CONSENT OF MUNICIPALITY REQUIRED. (a) The
temporary directors of each district may not hold an election under
Section 8159.024 until the City of Fort Worth has adopted a
resolution consenting to the creation of that district.
(b) The City of Fort Worth may not adopt a resolution under
this section before the effective date of the Act creating this
chapter.
Sec. 8159.024. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. The temporary directors of each district shall hold an
election to confirm the creation of the district and to elect five
directors as provided by Section 49.102, Water Code.
Sec. 8159.025. INITIAL ELECTED DIRECTORS; TERMS. The
directors of each district elected under Section 8159.024 shall
draw lots to determine which two shall serve until the first
regularly scheduled election of directors under Section 8159.052
and which three shall serve until the second regularly scheduled
election of directors.
Sec. 8159.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8159.027-8159.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8159.051. DIRECTORS; TERMS. (a) Each district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8159.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors of each district shall be elected.
[Sections 8159.053-8159.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8159.101. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. Each 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. 8159.102. ROAD PROJECTS. (a) To the extent authorized
by Section 52, Article III, Texas Constitution, each district may
construct, acquire, improve, maintain, or operate macadamized,
graveled, or paved roads or turnpikes, or improvements in aid of
those roads or turnpikes, inside or outside the district.
(b) A district may not undertake a road project unless the
City of Fort Worth consents by ordinance or resolution.
Sec. 8159.103. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section
54.016, Water Code, each district shall comply with all applicable
requirements of any ordinance or resolution adopted by the city
council of the City of Fort Worth, including an ordinance or
resolution adopted before September 1, 2005, that consents to the
creation of the district or to the inclusion of lands within the
district.
[Sections 8159.104-8159.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8159.151. TAX TO REPAY BONDS. Each district may impose
a tax to pay the principal of or interest on bonds issued under
Section 8159.201.
[Sections 8159.152-8159.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8159.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) Each district may issue bonds or other
obligations as provided by Chapters 49 and 54, Water Code, to
finance the construction, maintenance, or operation of projects
under Sections 8159.101 and 8159.102.
(b) A district may not issue bonds to finance projects
authorized by Section 8159.102 unless the issuance is approved by a
vote of a two-thirds majority of the voters of the district voting
at an election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8159.102 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
a project undertaken by a district under Section 8159.102 or to
bonds issued by the district to finance the project.
SECTION 2. Each district initially includes, respectively,
the territory contained in the following areas as indicated:
(1) City of Fort Worth Municipal Utility District No.
3 of Denton and Wise Counties:
BEING a 410.29 acre tract of land situated in the Joshua King
Survey, Abstract Number 712, the Thomas Peoples Survey, Abstract
Number 677, the William Gaffield Survey, Abstract Number 332, and
the W. Wallace Survey, Abstract Number 1405, Denton and Wise
Counties, Texas, said 410.29 acre tract being all of that certain
tract of land conveyed to WRR Properties, Inc. Trust according to
the documents recorded in Document Number 98-R0003243 and Volume
4190, Page 327, Deed Records, Denton County, Texas and a portion of
that certain tract of land conveyed to Alpha Ranch, Ltd. according
to the document recorded in Volume 4645, Page 306, Deed Records,
Denton County, Texas, said 410.29 acre tract being more
particularly described by metes and bounds as follows:
BEGINNING at the northeasterly corner of said WRR Properties tract,
said northeasterly corner being on the southerly right-of-way line
of State Highway 114 approximately 6977.33' east of the Denton/Wise
County line;
THENCE South 00 degrees 56 minutes 15 seconds West along the
easterly line of said WRR Properties tract a distance of 2583.89
feet to the southeasterly corner of said WRR Properties tract;
THENCE North 89 degrees 41 minutes 11 seconds West along the
southerly line of said WRR Properties tract a distance of 1937.03
feet to a point;
THENCE North 89 degrees 06 minutes 24 seconds West continuing along
the southerly line of said WRR Properties tract a distance of 905.33
feet to the southwesterly corner of said WRR Properties tract, said
point being the most easterly southeast corner of said Alpha Ranch
tract;
THENCE North 89 degrees 25 minutes 44 seconds West along the most
easterly south line of said Alpha Ranch tract a distance of 234.54
feet to a point;
THENCE North 88 degrees 32 minutes 27 seconds West continuing along
the most easterly south line of said Alpha Ranch tract a distance of
2213.58 feet to a point;
THENCE North 52 degrees 25 minutes 28 seconds West a distance of
513.10 feet to a point;
THENCE South 37 degrees 34 minutes 32 seconds West a distance of
1123.09 feet to a point, said point being the beginning of a curve
to the left having a radius of 1935.00' and a long chord bearing
South 20 degrees 19 minutes 06 seconds West 1148.09';
THENCE along said curve to the left through a central angle of 34
degrees 30 minutes 53 seconds, an arc length of 1165.63 feet to a
point;
THENCE North 86 degrees 56 minutes 21 seconds West a distance of
130.00 feet to a point, said point being the beginning of a
non-tangent curve to the right having a long chord bearing North 20
degrees 19 minutes 06 seconds East 1225.22';
THENCE along said curve to the right through a central angle of 34
degrees 30 minutes 53 seconds, an arc length of 1243.95 feet to a
point;
THENCE North 37 degrees 34 minutes 32 seconds East a distance of
1258.59 feet to a point, said point being the beginning of a curve
to the left having a radius of 1935.00' and a long chord bearing
North 31 degrees 24 minutes 57 seconds East 415.25';
THENCE along said curve to the left through a central angle of 12
degrees 19 minutes 10 seconds, an arc length of 416.05 feet to a
point;
THENCE North 76 degrees 34 minutes 54 seconds West a distance of
1317.48 feet to a point;
THENCE North 54 degrees 50 minutes 51 seconds West a distance of
439.04 feet to a point;
THENCE South 42 degrees 48 minutes 50 seconds West a distance of
365.39 feet to a point;
THENCE North 65 degrees 29 minutes 29 seconds West a distance of
222.95 feet to a point;
THENCE North 34 degrees 50 minutes 56 seconds West a distance of
165.67 feet to a point;
THENCE North 30 degrees 51 minutes 29 seconds East a distance of
361.04 feet to a point;
THENCE North 46 degrees 25 minutes 38 seconds West a distance of
823.80 feet to a point;
THENCE North 89 degrees 19 minutes 21 seconds West a distance of
907.50 feet to a point, said point being on the northern most
westerly line of said Alpha Ranch tract;
THENCE North 00 degrees 10 minutes 48 seconds West along the
northern most westerly line of said Alpha Ranch tract a distance of
615.20 feet to a point, said point being on the southerly
right-of-way line of said State Highway 114;
THENCE South 89 degrees 30 minutes 12 seconds East along the
southerly right-of-way line of said State Highway 114 a distance of
259.60 feet to a point, said point being the beginning of a curve to
the right having a radius of 5679.58' and a long chord bearing South
87 degrees 18 minutes 39 seconds East 464.30';
THENCE continuing along the southerly right-of-way line of said
State Highway 114 and along said curve to the right through a
central angle of 01 degrees 41 minutes 07 seconds, an arc length of
464.43 feet to a point;
THENCE South 84 degrees 58 minutes 12 seconds East continuing along
the southerly right-of-way line of said State Highway 114 a
distance of 361.50 feet to a point, said point being the most
northerly northeast corner of said Alpha Ranch tract;
THENCE South 00 degrees 41 minutes 24 seconds West along the most
northerly east line of said Alpha Ranch tract a distance of 572.99
feet to a point, said point being a reentrant corner of the Alpha
Ranch tract;
THENCE South 89 degrees 19 minutes 12 seconds East along the
northerly line of said Alpha Ranch tract a distance of 2690.48 feet
to a point, said point being reentrant corner of said Alpha Ranch
tract;
THENCE North 01 degrees 21 minutes 40 seconds East along the
westerly line of said Alpha Ranch tract a distance of 391.17 feet to
a point, said point being on the southerly right-of-way line of said
State Highway 114;
THENCE South 88 degrees 52 minutes 13 seconds East along the
southerly right-of-way line of said State Highway 114 a distance of
2413.97 feet to a point, said point being the most easterly
northeast corner of said Alpha Ranch tract, said point also being
the northwesterly corner of said WRR Properties tract;
THENCE South 88 degrees 46 minutes 15 seconds East continuing along
the southerly right-of-way line of said State Highway 114 a
distance of 2875.00 feet to the Point of BEGINNING and containing
410.29 acres of land, more or less.
(2) City of Fort Worth Municipal Utility District No.
4 of Denton and Wise Counties:
BEING a 407.74 acre tract of land situated in the Smith County
School Land Survey, Abstract Number 746, the Thomas Peoples Survey,
Abstract Number 677, the Empson Thompson Survey, Abstract Number
804, and the William Gaffield Survey, Abstract Number 332, Denton
and Wise Counties, Texas, said 407.74 acre tract being a portion of
that certain tract of land conveyed to Alpha Ranch, Ltd. according
to the deed recorded in Volume 4645, Page 306, Deed Records, Denton
County, Texas, said 407.74 acre tract of land being more
particularly described by metes and bounds as follows:
COMMENCING at a 1/2" iron pin found, said 1/2" iron pin found being
the southwesterly corner of said Alpha Ranch tract, thence North 00
degrees 43 minutes 00 seconds East along the westerly line of said
Alpha Ranch tract 3472.07 feet to the Point of BEGINNING:
THENCE North 00 degrees 43 minutes 00 seconds East continuing along
the westerly line of said Alpha Ranch tract a distance of 1186.05
feet to a concrete monument found;
THENCE North 00 degrees 44 minutes 13 seconds East continuing along
the westerly line of said Alpha Ranch tract a distance of 1320.58
feet to a concrete monument found;
THENCE South 89 degrees 56 minutes 23 seconds East a distance of
3744.75 feet to a 1/2" iron pin found;
THENCE North 00 degrees 32 minutes 19 seconds East a distance of
1983.21 feet to a 5/8" capped iron pin found;
THENCE South 89 degrees 19 minutes 12 seconds East a distance of
907.50 feet to a point;
THENCE South 46 degrees 25 minutes 38 seconds East a distance 823.80
feet to a point;
THENCE South 30 degrees 51 minutes 29 seconds East a distance of
361.04 feet to a point;
THENCE South 34 degrees 50 minutes 56 seconds East a distance of
165.67 feet to a point;
THENCE South 65 degrees 29 minutes 29 seconds East a distance of
222.95 feet to a point;
THENCE North 42 degrees 49 minutes 50 seconds East a distance of
365.39 feet to a point;
THENCE South 54 degrees 50 minutes 51 seconds East a distance of
439.04 feet to a point;
THENCE South 76 degrees 34 minutes 54 seconds East a distance of
1317.48 feet to a point, said point being the beginning of a curve
to the right having a radius of 1935.00' and a long chord bearing
South 31 degrees 24 minutes 57 seconds West 415.25';
THENCE along said curve to the right through a central angle of 12
degrees 19 minutes 10 seconds, an arc length of 416.05 feet to a
point;
THENCE South 37 degrees 34 minutes 32 seconds West a distance of
1258.59 feet to a point, said point being the beginning of a curve
to the left having a radius of 2065.00' and a long chord bearing
South 20 degrees 19 minutes 08 seconds West 1225.22';
THENCE along said curve to the left through a central angle of 34
degrees 30 minutes 53 seconds, an arc length of 1243.95 feet to a
point;
THENCE South 48 degrees 33 minutes 50 seconds West a distance of
569.48 feet to a point;
THENCE North 65 degrees 32 minutes 01 seconds West a distance of
464.12 feet to a point;
THENCE North 87 degrees 22 minutes 05 seconds West a distance of
539.24 feet to a point;
THENCE South 84 degrees 14 minutes 54 seconds West a distance of
400.96 feet to a point;
THENCE South 78 degrees 11 minutes 21 seconds West a distance of
854.20 feet to a point;
THENCE South 88 degrees 08 minutes 18 seconds West a distance of
553.29 feet to a point;
THENCE North 71 degrees 10 minutes 01 seconds West a distance of
735.05 feet to a point;
THENCE North 53 degrees 45 minutes 50 seconds West a distance of
422.20 feet to a point;
THENCE North 80 degrees 17 minutes 56 seconds West a distance of
207.15 feet to a point;
THENCE South 57 degrees 27 minutes 39 seconds West a distance of
377.97 feet to a point;
THENCE South 75 degrees 58 minutes 07 seconds West a distance of
343.97 feet to a point;
THENCE South 63 degrees 50 minutes 26 seconds West a distance of
237.14 feet to a point;
THENCE South 17 degrees 36 minutes 03 seconds West a distance of
336.98 feet to a point;
THENCE North 89 degrees 17 minutes 00 seconds West a distance of
507.74 feet to the Point of BEGINNING and containing 407.74 acres of
land, more or less.
(3) City of Fort Worth Municipal Utility District No.
5 of Denton and Wise Counties:
BEING a 335.39 acre tract situated in the Empson Thompson Survey,
Abstract Number 804 and the William Gaffield Survey, Abstract
Number 332, Denton and Wise Counties, Texas, said 335.39 acre tract
being a portion of that certain tract of land conveyed to Alpha
Ranch, Ltd according to the deed recorded in Volume 4645, Page 306,
Deed Records, Denton County, Texas, said 335.39 acre tract being
more particularly described by metes and bounds as follows:
COMMENCING at a 1/2" iron pin found, said 1/2" iron pin found being
the southwesterly corner of said Alpha Ranch tract, thence North 00
degrees 43 minutes 00 seconds East along the westerly line of said
Alpha Ranch tract 2113.14 feet to the Point of BEGINNING;
THENCE North 00 degrees 43 minutes 00 seconds East continuing along
the westerly line of said Alpha Ranch tract a distance of 1358.92
feet to a point;
THENCE South 89 degrees 17 minutes 00 seconds East a distance of
507.74 feet to a point;
THENCE North 17 degrees 36 minutes 03 seconds East a distance of
336.98 feet to a point;
THENCE North 63 degrees 50 minutes 26 seconds East a distance of
237.14 feet to a point;
THENCE North 75 degrees 58 minutes 07 seconds East a distance of
343.97 feet to a point;
THENCE North 57 degrees 27 minutes 39 seconds East a distance of
377.97 feet to a point;
THENCE South 53 degrees 45 minutes 50 seconds East a distance of
422.20 feet to a point;
THENCE South 71 degrees 10 minutes 01 seconds East a distance of
735.05 feet to a point;
THENCE North 88 degrees 08 minutes 18 seconds East a distance of
553.29 feet to a point;
THENCE North 78 degrees 11 minutes 21 seconds East a distance of
854.20 feet to a point;
THENCE North 84 degrees 14 minutes 54 seconds East a distance of
400.96 feet to a point;
THENCE South 87 degrees 22 minutes 05 seconds East a distance of
539.24 feet to a point;
THENCE South 65 degrees 32 minutes 01 seconds East a distance of
464.12 feet to a point;
THENCE North 48 degrees 33 minutes 50 seconds East a distance of
569.48 feet to a point;
THENCE South 86 degrees 56 minutes 21 seconds East a distance of
130.00 feet to a point, said point being the beginning of a
non-tangent curve to the right having a radius of 1935.00' and a
long chord bearing North 20 degrees 19 minutes 06 seconds East
1148.09';
THENCE along said curve to the right through a central angle of 34
degrees 30 minutes 53 seconds, an arc length of 1165.63 feet to a
point;
THENCE North 37 degrees 34 minutes 32 seconds East a distance of
1123.09 feet to a point;
THENCE South 52 degrees 25 minutes 28 seconds East a distance of
513.10 feet to a 1/2" iron pin found, said 1/2" iron pin found being
on the easterly line of said Alpha Ranch tract;
THENCE South 00 degrees 52 minutes 00 seconds East along the
easterly line of said Alpha Ranch tract a distance of 1502.94 feet
to a point;
THENCE South 87 degrees 54 minutes 36 seconds West continuing along
the easterly line of said Alpha Ranch tract a distance of 423.23
feet to a 10" pipe post found;
THENCE South 00 degrees 53 minutes 43 seconds West continuing along
the easterly line of said Alpha Ranch tract a distance of 2175.19
feet to a point;
THENCE North 89 degrees 06 minutes 17 seconds West a distance of
7049.52 feet to the Point of BEGINNING and containing 335.39 acres
of land, more or less.
(4) City of Fort Worth Municipal Utility District No.
6 of Denton and Wise Counties:
BEING a 335.39 acre tract of land situated in the Empson Thompson
Survey, Abstract Number 804 and the William Gaffield Survey,
Abstract Number 332, Denton and Wise Counties, Texas, said 335.39
acre tract of land being a portion of that certain tract of land
conveyed to Alpha Ranch, Ltd. according to the deed recorded in
Volume 4645, Page 306, Deed Records, Denton County, Texas, said
335.39 acre tract being more particularly described by metes and
bounds as follows:
BEGINNING at a 1/2" iron pin found, said 1/2" iron pin found being
the southwesterly corner of said Alpha Ranch tract;
THENCE North 00 degrees 43 minutes 00 seconds East a distance of
2113.14 feet to a point;
THENCE South 89 degrees 06 minutes 17 seconds East a distance of
7049.52 feet to a point, said point being on the easterly line of
said Alpha Ranch tract;
THENCE South 00 degrees 53 minutes 43 seconds West along the
easterly line of said Alpha Ranch tract a distance of 1987.93 feet
to a 1" iron pin found, said 1" iron pin found being the
southeasterly corner of said Alpha Ranch tract;
THENCE South 89 degrees 23 minutes 29 seconds West along the
southerly line of said Alpha Ranch tract a distance of 5395.82 feet
to a 1/2" pipe pin found;
THENCE North 88 degrees 32 minutes 03 seconds West continuing along
the southerly line of said Alpha Ranch tract a distance of 1649.05
feet to the Point of BEGINNING and containing 335.39 acres of land,
more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect September 1, 2005.