80R13352 MXM-F

By: Parker H.B. No. 4102

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Canyon Falls Water Control and Improvement District No. 2 of Denton County; 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 I, Title 6, Special District Local Laws Code, is amended by adding Chapter 9017 to read as follows: CHAPTER 9017. CANYON FALLS WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2 OF DENTON COUNTY SUBCHAPTER A. GENERAL PROVISIONS

Sec. 9017.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Director" means a board member.

(3) "District" means the Canyon Falls Water Control and Improvement District No. 2 of Denton County.

Sec. 9017.002. 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 59, Article XVI, Texas Constitution.

Sec. 9017.003. CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 9017.023 before September 1, 2011:

(1) the district is dissolved September 1, 2011, except that the district shall:

(A) pay any debts incurred;

(B) transfer to Denton County any assets that remain after the payment of debts; and

(C) maintain the organization of the district until all debts are paid and remaining assets are transferred; and

(2) this chapter expires September 1, 2014.

Sec. 9017.004. 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 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 9017.005-9017.020 reserved for expansion] SUBCHAPTER A-1. TEMPORARY PROVISIONS

Sec. 9017.021. INITIAL DIRECTORS. (a) The initial board consists of:

(1) John Mayfield;

(2) Greg Nelson;

(3) Scott Spencer;

(4) Dan Rudkin; and

(5) Steve Oltmann.

(b) The terms of the first three directors named in Subsection (a) expire on the uniform election date in May of the first even-numbered year after the year in which the creation of the district is confirmed at an election held under Section 9017.023, and the terms of the last two directors named in Subsection (a) expire on the uniform election date in May of the next even-numbered year.

Sec. 9017.022. CONSENT OF MUNICIPALITY REQUIRED. The initial board may not hold an election under Section 9017.023 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has adopted a resolution or an ordinance consenting to the creation of the district.

Sec. 9017.023. CONFIRMATION ELECTION. The initial board shall hold an election to confirm the creation of the district.

Sec. 9017.024. EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2014. [Sections 9017.025-9017.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 9017.051. DIRECTORS; TERMS. (a) The district is governed by a board of five directors.

(b) Directors serve staggered four-year terms. [Sections 9017.052-9017.100 reserved for expansion] SUBCHAPTER C. POWERS AND DUTIES

Sec. 9017.101. WATER CONTROL AND IMPROVEMENT DISTRICT POWERS AND DUTIES. The district has the powers 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.

Sec. 9017.102. ROAD PROJECTS. (a) To the extent authorized by Section 52, Article III, Texas Constitution, the district may construct, acquire, improve, maintain, or operate macadamized, graveled, or paved roads, or improvements in aid of those roads, inside the district.

(b) A road project must meet all applicable construction standards, subdivision requirements, and regulatory ordinances or orders of each municipality in whose corporate limits or extraterritorial jurisdiction the district is located. [Sections 9017.103-9017.150 reserved for expansion] SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 9017.151. TAX TO REPAY BONDS. The district may impose a tax to pay the principal of or interest on bonds or other obligations issued under Section 9017.201. [Sections 9017.152-9017.200 reserved for expansion] SUBCHAPTER E. BONDS

Sec. 9017.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may issue bonds or other obligations as provided by Chapters 49 and 51, Water Code, to finance the construction, maintenance, or operation of a project under Section 9017.101 or 9017.102.

(b) The district may not issue bonds or other obligations to finance projects authorized by Section 9017.102 unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election called for that purpose.

(c) Bonds or other obligations issued or incurred to finance projects authorized by Section 9017.102 may not exceed one-fourth of the assessed value of the real property in the district.

SECTION 2. The Canyon Falls Water Control and Improvement District No. 2 of Denton County initially includes all the territory contained in the following area: FIELD NOTE DESCRIPTION CITY OF NORTHLAKE TRACT 1 STATE OF TEXAS COUNTY OF DENTON BEING a tract of land situated in the M.E.P. & P. R.R. SURVEY, Abstract No. 913, F. THORNTON SURVEY, Abstract No. 1244, J. WILBURN SURVEY, Abstract No. 1416 and the W. LOVE SURVEY, Abstract No. 728 and being a portion of a tract of land described in a deed to CANYON FALLS LAND PARTNERS L.P. as recorded in Instrument No. 2006-35531 of the Deed Records of Denton County, Texas ( DRDCT ) and being more particularly described as follows; BEGINNING at a capped ½ inch iron rod found at the most northwesterly corner of a tract of land conveyed to Mark Wayne Judge, and wife Mary Abb Judge as recorded in Volume 4144, Page 2082 ( DRDCT ); THENCE departing the northerly line of said Judge tract North 00 deg 30 min 31 sec East along a barb wire fence a distance of 2895.65 feet to a wood fence post found for corner, said point being the most northeasterly corner of a tract of land conveyed to D.W. Coin, and wife Christene Coin as recorded in Volume 1015, Page 432 ( DRDCT ); THENCE North 89 deg 30 min 59 sec West along a barb wire fence a distance of 2944.98 feet to a 3/8 inch iron rod found for corner in the approximate centerline of CLEVLAND-GIBBS ROAD, said point being the most northwesterly corner of a tract of land conveyed to Elton Dee Gardner, Jr. as recorded in CC# 93-0084282 ( DRDCT ); THENCE along the approximate centerline of as CLEVALND-GIBBS ROAD as follows; North 00 deg 05 min 55 sec West a distance of 1407.56 feet to a ½ inch iron rod set with a red plastic cap stamped "W.A.I." for corner; North 13 deg 10 min 14 sec West a distance of 622.96 feet to a Pk. Nail set in asphalt pavement for corner, said point being set in the southeasterly Right-of-Way of INTERSTATE 35W ( variable width Right-of-Way ); THENCE departing the approximate centerline of said CLEVLAND-GIBBS ROAD and along the southeasterly Right-of-Way line of said INTERSTATE 35W as follows; North 77 deg 44 min 47 sec East a distance of 17.12 feet to a TXDOT Concrete Monument found for corner; North 07 deg 49 min 52 sec East a distance of 75.37 feet to a ½ inch iron rod set with a red plastic cap stamped "W.A.I." for corner; North 13 deg 52 min 40 sec West a distance of 160.00 feet to a TXDOT Concrete Monument found for corner; North 20 deg 34 min 02 sec West a distance of 217.85 feet to a point for corner in a tree; North 89 deg 26 min 40 sec West a distance of 16.86 feet to a ½ inch iron rod found for corner; North 18 deg 23 min 39 sec West a distance of 6.22 feet to a TXDOT Concrete Monument found for corner; North 88 deg 35 min 44 sec West a distance of 57.52 feet to a TXDOT Concrete Monument found for corner; North 64 deg 58 min 47 sec West a distance of 136.61 feet to a TXDOT Concrete Monument found for corner; North 21 deg 08 min 10 sec West passing through a TXDOT Concrete Monument at a distance of 248.70 feet continuing in all a distance of 528.90 feet to a TXDOT Concrete Monument found for corner; North 24 deg 05 min 25 sec East a distance of 743.70 feet to a broken TXDOT Concrete Monument found for corner in the approximate centerline of a creek; THENCE departing the southeasterly Right-of-Way line of said INTERSTATE 35W and along the approximate centerline of said creek as follows: South 64 deg 18 min 23 sec East a distance of 53.75 feet to a point; South 79 deg 10 min 35 sec East a distance of 79.02 feet to a point; South 35 deg 21 min 52 sec East a distance of 57.79 feet to a point; South 48 deg 30 min 57 sec East a distance of 75.64 feet to a point; South 32 deg 34 min 23 sec East a distance of 129.42 feet to a point; South 46 deg 50 min 25 sec East a distance of 148.50 feet to a point; North 53 deg 05 min 10 sec East a distance of 122.04 feet to a point; South 56 deg 56 min 44 sec East a distance of 175.61 feet to a point; South 64 deg 34 min 41 sec East a distance of 102.00 feet to a point; South 65 deg 10 min 30 sec East a distance of 137.84 feet to a point; South 24 deg 48 min 23 sec East a distance of 21.57 feet to a point; South 75 deg 14 min 20 sec East a distance of 190.64 feet to a point; South 05 deg 18 min 14 sec East a distance of 106.22 feet to a point; South 51 deg 12 min 41 sec East a distance of 86.44 feet to a point; South 38 deg 52 min 18 sec West a distance of 70.06 feet to a point; South 47 deg 56 min 51 sec East a distance of 223.88 feet to a point; South 50 deg 48 min 32 sec West a distance of 120.96 feet to a point; South 42 deg 42 min 30 sec East a distance of 105.51 feet to a point; North 71 deg 06 min 00 sec East a distance of 85.98 feet to a point; South 71 deg 43 min 46 sec East a distance of 194.40 feet to a point; South 25 deg 22 min 35 sec East a distance of 66.32 feet to a point; North 77 deg 27 min 41 sec East a distance of 95.93 feet to a point; South 20 deg 19 min 13 sec East a distance of 76.45 feet to a point; North 75 deg 40 min 42 sec East a distance of 72.63 feet to a point; South 15 deg 51 min 41 sec West a distance of 40.94 feet to a point; South 68 deg 22 min 35 sec East a distance of 56.47 feet to a point; South 17 deg 49 min 47 sec East a distance of 11.57 feet to a point; South 89 deg 36 min 34 sec East a distance of 3553.80 feet to a point; South 00 deg 30 min 49 sec West a distance of 3470.64 feet to a wood fence post found for most northwesterly corner of a 1% tract of land conveyed to Frances McLendon Ewing as recorded in Volume 1552, Page 949 ( DRDCT ); Thence along the westerly line of said Frances McLendon Ewing tract South 00 deg 32 min 43 sec West a distance of 1233.08 feet to a 1/2 inch iron rod with a red plastic cap stamped W.A.I. set for corner; Thence departing the westerly line of said Frances McLendon Ewing tract North 89 deg 20 min 44 sec West a distance of 1195.75 feet to a 1/2 inch iron rod with a red plastic cap stamped W.A.I. set for corner; THENCE South 10 deg 04 min 59 sec West a distance of 1215.25 feet to a 1/2 inch iron rod with a red plastic cap stamped W.A.I. set for corner in the northerly Right-of-Way line of said F.M. 1171; THENCE along the northerly Right-of-Way line of said F.M. 1171 as follows; South 66 deg 26 min 52 sec West a distance of 33.64 feet to a ½ inch iron rod set with a red plastic cap stamped "W.A.I." for the beginning of a non-tangent curve to the left having a radius of 5659.58 feet and having a chord bearing of North 70 deg 03 min 39 sec West and a chord length of 231.34 feet; Continuing along said non-tangent curve to the left through a central angle of 02 deg 20 min 32 sec and an arc length of 231.36 feet to the point of tangency; North 69 deg 22 min 11 sec West a distance of 33.82 feet to a capped ½ inch iron rod found at the most southeasterly corner of said Judge tract; THENCE along the easterly line of said Judge tract as follows; North 00 deg 54 min 19 sec West a distance of 250.23 feet to a capped ½ inch iron rod found for corner; North 05 deg 57 min 32 sec West a distance of 225.22 feet to a capped ½ inch iron rod found for the most northeasterly corner of said Judge tract; THENCE along the northerly line of said Judge tract North 89 deg 24 min 30 sec West a distance of 313.03 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 433.539 acres or 18,884,940 square feet of land more or less. Bearings contained within this field note description are based upon an on the ground survey performed in field on the 19th day of November, 2005 utilizing G.P.S. Measurements. FIELD NOTE DESCRIPTION CITY OF NORTHLAKE TRACT 2 STATE OF TEXAS COUNTY OF DENTON BEING a tract of land situated in the W. LOVE SURVEY, Abstract No. 728 and being a portion of a tract of land conveyed as 11.2% to Gail Obenchain Schoellkopt, 11.2% to Melinda Calvert Obenchain, 11.2% to Thomas A. Obenchain, 26.4% to The Hartnett Law Firm, 13.335% to Jason Mclean, 13.335% to Jason Mclean as next friend for Christopher Taylor and 13.33% to McCracken, Taylor & Nelson, P.C. as recorded in CC# 05-12627 of the Deed Records of Denton County, Texas (DRDCT) and being more particularly described as follows; BEGINNING at a 5/8" iron rod found at the intersection of the common line of a tract of land conveyed as 1% Frances McLendon Ewing as recorded in Volume 1552, Page 949 (DRDCT) and the said Obenchain tract and the southerly Right-of-Way line of F.M. 1171 (a variable width Right-of-Way); THENCE along the southerly Right-of-Way line of said F.M. 1171 as follows; South 69 deg 30 min 13 sec East a distance of 353.33 feet to a wood TXDOT monument found for corner; South 70 deg 08 min 26 sec East a distance of 235.35 feet to a wood TXDOT monument found for corner; South 25 deg 13 min 15 sec East a distance of 80.88 feet to a wood TXDOT monument found for corner; South 71 deg 38 min 42 sec East passing through a wood TXDOT monument found at a distance of 145.00 feet and passing through a wood TXDOT monument found at a distance of 253.46 feet continuing in all a distance of 500.00 feet to a wood TXDOT monument found for corner; North 77 deg 33 min 25 sec East a distance of 116.11 feet to a wood TXDOT monument found for corner; South 71 deg 48 min 04 sec East a distance of 593.69 feet to a 1/2 inch iron rod found for corner, said point being found in the northerly line of said Ewing tract; THENCE along the northerly line of said Ewing tract and along a barb wire fence as follows; North 89 deg 25 min 20 sec West a distance of 1739.14 feet to a wood fence post found for corner; North 00 deg 02 min 00 sec East a distance of 577.16 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 10.427 acres or 454,192 square feet of land more or less. Bearings contained within this field note description are based upon an on the ground survey performed in field on the 19th day of November, 2005 utilizing G.P.S. Measurements.

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, 2007.