S.B. No. 1828
AN ACT
relating to the creation of the Smiley Road Water Control and
Improvement District; providing authority to impose a tax and issue
bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9001 to read as follows:
CHAPTER 9001. SMILEY ROAD WATER CONTROL AND IMPROVEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9001.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Smiley Road Water Control and
Improvement District.
Sec. 9001.002. NATURE OF DISTRICT. The district is a water
control and improvement district in Denton County created under and
essential to accomplish the purposes of Section 52, Article III,
and Section 59, Article XVI, Texas Constitution. The district is
created to serve a public use and benefit.
Sec. 9001.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 9001.023 before September 1, 2007:
(1) the district is dissolved September 1, 2007,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Denton County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2010.
Sec. 9001.004. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in 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 ad valorem
taxes; or
(3) the legality or operation of the district or the
board.
Sec. 9001.005. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapters 49 and 51, Water Code,
apply to the district.
[Sections 9001.006-9001.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 9001.021. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Brett Blakey;
(2) Michael Cummings;
(3) Shane Jordan;
(4) Mike Miller; and
(5) Mike Mollo.
(b) If a temporary director fails to qualify for office, the
Texas Commission on Environmental Quality shall appoint a person to
fill the vacancy.
(c) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
9001.023; or
(2) the date this chapter expires under Section
9001.003.
Sec. 9001.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 49.055, Water Code, the
temporary directors shall meet and elect officers from their
membership.
Sec. 9001.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. Before September 1, 2007, the temporary directors 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. 9001.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 9001.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 9001.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 9001.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 9001.026-9001.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9001.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 9001.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 9001.053-9001.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9001.101. GENERAL POWERS. (a) The district has:
(1) all of the rights, powers, privileges, authority,
functions, and duties provided by the general law of this state,
including Chapters 49 and 51, Water Code, applicable to water
control and improvement districts created under Section 59, Article
XVI, Texas Constitution; and
(2) subject to Section 9001.105, the rights,
authority, privileges, and functions of a road district operating
under Section 52(b)(3), Article III, Texas Constitution, Chapter
257, Transportation Code, and other general laws of this state
relating to road districts.
(b) The district may provide water, sanitary sewer,
drainage, and, subject to Section 9001.105, road services to each
part of the district not receiving those services on the effective
date of the Act creating this chapter.
Sec. 9001.102. AUTHORITY TO CONTRACT WITH OWNERS OF REAL
PROPERTY IN DISTRICT. The district may enter into a contract with
an owner of real property in the district for the construction,
acquisition, financing, ownership, maintenance, and operation of a
work or project described by Section 9001.101(b).
Sec. 9001.103. CONTRACTS WITH CITY OF CELINA. The district
shall use its best efforts to acquire water, sewer, and other powers
permitted by law and, if successful, to enter into a contract with
the City of Celina to provide water, sewer, and other services to
the city.
Sec. 9001.104. PROHIBITION ON DIVISION OF DISTRICT. The
district may not divide into two or more districts in the manner
specified by Section 51.748 or 53.029, Water Code.
Sec. 9001.105. VOTER APPROVED ROAD DISTRICT POWERS.
(a) If a majority of the voters of the district vote in favor of
the district's assumption of road district powers in the manner
provided by Section 53.029, Water Code, at an election held for that
purpose, the district shall assume the rights, authority,
privileges, and functions of a road district as described by
Section 9001.101(a)(2).
(b) If the voters approve road district powers under
Subsection (a), the district may provide for, or provide aid for,
the construction, acquisition, financing, maintenance, and
operation of macadamized, graveled, or paved roads inside the
district. Road district powers under this section do not include
any powers related to the construction, acquisition, financing,
maintenance, or operation of a turnpike or toll road.
(c) A road project must meet or exceed all applicable
construction standards, zoning and subdivision requirements, and
regulatory ordinances of each municipality in whose corporate
limits or extraterritorial jurisdiction the district is located.
If the district is located outside the extraterritorial
jurisdiction of a municipality, a road project must meet all
applicable construction standards, zoning and subdivision
requirements, and regulatory ordinances of each county in which the
district is located.
(d) The district may not undertake a road project unless
each municipality in whose corporate limits or extraterritorial
jurisdiction the district is located consents by ordinance or
resolution. If the district is located outside the
extraterritorial jurisdiction of a municipality, the district may
not undertake a road project unless the county in which the district
is located consents by ordinance or resolution.
(e) If the district assumes road district powers under this
section, construction plans and specifications for all roads must
be submitted to Denton County for approval.
(f) Section 49.182, Water Code, does not apply to a project
undertaken by the district under this section.
Sec. 9001.106. ADDITION OF LAND TO DISTRICT. The district
may add land to the district in the manner provided by Section
49.301, Water Code, if the owner of the land submits a petition to
the district for the addition of the land to the district and the
land is adjacent to the territory of the district or is separated
from the district only by public land or a right-of-way.
[Sections 9001.107-9001.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9001.151. AD VALOREM PLAN OF TAXATION. The district
shall use the ad valorem plan of taxation, subject to voter approval
at an election held in the district for that purpose.
Sec. 9001.152. AD VALOREM TAX FOR ROAD PROJECTS. The
district may impose an ad valorem tax to pay the principal of or
interest on bonds issued under Section 9001.201(b) to finance
projects under Section 9001.105.
Sec. 9001.153. UTILITY EXEMPTION FROM IMPACT FEES AND
ASSESSMENTS. The district may not impose an impact fee or
assessment on the property, equipment, rights-of-way, facilities,
or improvements of:
(1) an electric utility as defined by Section 31.002,
Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a cable operator as defined by 47 U.S.C. Section
522.
[Sections 9001.154-9001.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 9001.201. AUTHORITY TO ISSUE BONDS. (a) The district
may issue bonds as provided by Chapter 49 or 51, Water Code, or
Section 53.029, Water Code, the general laws of this state, or this
section.
(b) Except as provided by Subsection (c) and Section
9001.202, the district may issue bonds, notes, or other obligations
as provided by Section 53.029, Water Code, to finance, or assist in
the financing of, projects under Section 9001.105.
(c) The district may not issue bonds under Subsection (b)
unless the issuance is authorized by two-thirds of the district's
voters voting at an election called for that purpose.
(d) Section 49.181, Water Code, does not apply to a bond
issued by the district under Section 53.029, Water Code.
Sec. 9001.202. LIMIT ON BONDS AND OTHER OBLIGATIONS.
(a) Bonds, notes, or other obligations issued or incurred by the
district under Section 53.029, Water Code, may not exceed
one-fourth of the assessed value of the real property in the
district.
(b) The district may not issue bonds until a development
agreement between the City of Celina and the district has been
signed.
Sec. 9001.203. USE OF BOND PROCEEDS. The district may use
proceeds from the sale of bonds to acquire improvements or
facilities:
(1) from a private water supply corporation to provide
water or sanitary sewer services to territory in the district; or
(2) to provide services described by Section
9001.101(b).
SECTION 2. The Smiley Road Water Control and Improvement
District initially includes all the territory contained in the
following described area:
All that certain tract or parcel of land lying and being
situated in Denton County, Texas, a part of the ROBERT COWAN SURVEY,
ABSTRACT NO. 211, and being comprised of the following:
1) All of an 85.17 acre tract described in a Deed to
Celina West 637, Ltd., recorded in Volume 5140, Page 827 of
the Real Property Records of Denton County
2) All of an 101.42 acre tract described in a Deed to
Celina West 637, Ltd., recorded in Volume 5140, Page 821 of
the Real Property Records of Denton County,
3) All of a tract said to contain 252.905 acres as
described under the caption "Second Tract" in a Deed to
Celina West 637, Ltd., recorded in Volume 5120 page 2232 of
the Real Property Records of Denton County.
4) All of an 150.69 acre tract described in a Deed to
Celina West 637, Ltd. Recorded in Volume 5167, Page 2788 of
the Real Property Records of Denton County, and
5) All of a tract said to contain 35.426 acres as
described in a deed to Underwood Financial, L.P., et al,
recorded under Clerk's File No. 04-0029789, said tract or
parcel of land is herein described as follows; to wit:
BEGINNING at point at the intersection of Carey Road (a
county road running in an easterly and westerly direction) with
Smiley Road (a county road running in a northerly and southerly
direction) for the southwest corner of the premises herein
described;
THENCE along Smiley Road North 00 degrees 30 minutes 10
seconds East, a distance of 2127.78 for the northwest corner of said
85.17 acre tract and an angle point of this tract;
THENCE continuing along Smiley road North 00 degrees 47
minutes 09 seconds East 891.20 to a point in said road at the
northwest corner of said called 35.426 acre tract for the most
westerly northwest corner hereof:
THENCE South 89 degrees 02 minutes 45 seconds East 1742.21
feet to a point in the west line of said 150.69 acre tract for the
northeast corner of said called 35.426 acre tract and a re-entrant
corner hereof;
THENCE along the west line of said 150.69 acre tract, North
00 degrees 30 minutes 47 seconds East, a distance of 249.99 feet to
a point for corner;
THENCE North 00 degrees 03 minutes 52 seconds West, a
distance of 57.13 feet to a point at the southwest corner said
record 252.905 acre tract;
THENCE along the west line of last named tract, North 00
degrees 46 minutes 57 seconds East, a distance of 393.91 feet to a
point at the southeast corner of MEADOW VISTA PHASE 2, an addition
to Denton County according to the Plat thereof recorded in Cabinet
Q, page 271 of the Denton County Plat Records;
THENCE North 00 degrees 36 minutes 12 seconds East, a
distance of 2078.90 feet to a point for the most westerly northwest
corner of said record 252.905 acre tract;
THENCE South 88 degrees 07 minutes 27 seconds East, a
distance of 2457.17 feet to a point for corner;
THENCE North 00 degrees 15 minutes 45 seconds West, a
distance of 862.00 feet to a point in the south line of F.M. Highway
No. 428;
THENCE South 89 degrees 44 minutes 26 seconds East, along
the south line of said FM. Highway No. 428, a distance of 834.25
feet to point in the easterly radius of the Extraterritorial
Jurisdiction of the Town of Celina;
THENCE departing said south line, and said easterly radius,
due South, a distance of 2620.43 feet to a point;
THENCE North 90 degrees 00 minutes 00 seconds East, a
distance of 3347.18 feet to a point in the paved surface of said
County Line Road;
THENCE South 00 degrees 27 minutes 20 seconds West, a
distance of 662.33 feet to a point t in the paved surface of said
County Line Road for the southeast corner of said 101.42 acre tract
and an ell corner hereof:
THENCE North 89 degrees 46 minutes 54 seconds West, a
distance of 2668.49 feet to a point for the southwest corner of said
101.42 acre tract, same being the southeast corner of said record
252.905 acre tract;
THENCE along the south line of last named tract, North 89
degrees 40 minutes 55 seconds West, a distance of 1999.64 feet to a
point for the northeast corner of said 150.69 acre tract, said
corner being a re-entrant corner hereof;
THENCE South 00 degrees 31 minutes 41 seconds West, a
distance of 3304.39 feet to a point in Carey Road at the southeast
corner of said 150.69 acre tract, said corner being the most
southerly southeast corner hereof:
THENCE with the south line of said Carey Road, North 89
degrees 43 minutes 05 seconds West, a distance of 3731.89 feet to
the PLACE OF BEGINNING and containing 522.25 acres of land of which
approximately 1.0 acre is subject to the 100 year flood per FEMA
Maps and which 4.00 acres are subject to existing County Road
rights-of-way leaving a net area of 517.25 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. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1828 passed the Senate on
May 5, 2005, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendment on May 26, 2005, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1828 passed the House, with
amendment, on May 20, 2005, by the following vote: Yeas 139,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor