87R12891 SGM-F
 
  By: Sanford H.B. No. 4665
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Raintree Municipal Utility District
  No. 1 of Collin County; granting a limited power of eminent domain;
  providing authority to issue bonds; providing authority to impose
  assessments, fees, and taxes.
         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 7937A to read as follows:
  CHAPTER 7937A. RAINTREE MUNICIPAL UTILITY DISTRICT NO. 1 OF COLLIN
  COUNTY
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 7937A.0101.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Commission" means the Texas Commission on
  Environmental Quality.
               (3)  "Director" means a board member.
               (4)  "District" means the Raintree Municipal Utility
  District No. 1 of Collin County.
         Sec. 7937A.0102.  NATURE OF DISTRICT. The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7937A.0103.  CONFIRMATION AND DIRECTOR ELECTION
  REQUIRED. The temporary directors shall hold an election to
  confirm the creation of the district and to elect five permanent
  directors as provided by Section 49.102, Water Code.
         Sec. 7937A.0104.  CONDITIONS PRECEDENT TO CONFIRMATION
  ELECTION. (a)  The temporary directors may not hold an election
  under Section 7937A.0103 until:
               (1)  each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located has
  consented by ordinance or resolution to the creation of the
  district and to the inclusion of land in the district; and
               (2)  the district has entered into a contract with a
  municipality, Collin County, or another entity:
                     (A)  for adequate supplemental police, fire,
  emergency, and animal control services for the district; and
                     (B)  that is approved by the Commissioners Court
  of Collin County under Subsection (c).
         (b)  A contract under Subsection (a) may include a provision
  that the contract takes effect only on the approval of the
  Commissioners Court of Collin County and the voters in the district
  voting in an election held for that purpose.
         (c)  The Commissioners Court of Collin County shall review a
  contract under Subsection (a) and evaluate the supplemental police,
  fire, emergency, and animal control services provided in the
  contract. If the commissioners court determines that the contract
  provides adequate services, the commissioners court shall adopt a
  resolution stating that the contract has met the requirements of
  Subsection (a).
         Sec. 7937A.0105.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
  (a) The district is created to serve a public purpose and benefit.
         (b)  The district is created to accomplish the purposes of:
               (1)  a municipal utility district as provided by
  general law and Section 59, Article XVI, Texas Constitution; and
               (2)  Section 52, Article III, Texas Constitution, that
  relate to the construction, acquisition, improvement, operation,
  or maintenance of macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 7937A.0106.  INITIAL DISTRICT TERRITORY. (a) The
  district is initially composed of the territory described by
  Section 2 of the Act enacting this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act enacting 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 the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bond for the purposes
  for which the district is created or to pay the principal of and
  interest on a bond;
               (3)  right to impose a tax; or
               (4)  legality or operation.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 7937A.0201.  GOVERNING BODY; TERMS. (a) The district
  is governed by a board of five elected directors.
         (b)  Except as provided by Section 7937A.0202, directors
  serve staggered four-year terms.
         Sec. 7937A.0202.  TEMPORARY DIRECTORS. (a) On or after the
  effective date of the Act enacting this chapter, the owner or owners
  of a majority of the assessed value of the real property 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. The commission shall appoint as temporary
  directors the five persons named in the petition.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 7937A.0103; or
               (2)  the fourth anniversary of the effective date of
  the Act enacting this chapter.
         (c)  If permanent directors have not been elected under
  Section 7937A.0103 and the terms of the temporary directors have
  expired, successor temporary directors shall be appointed or
  reappointed as provided by Subsection (d) to serve terms that
  expire on the earlier of:
               (1)  the date permanent directors are elected under
  Section 7937A.0103; or
               (2)  the fourth anniversary of the date of the
  appointment or reappointment.
         (d)  If Subsection (c) applies, the owner or owners of a
  majority of the assessed value of the real property in the district
  may submit a petition to the commission requesting that the
  commission appoint as successor temporary directors the five
  persons named in the petition. The commission shall appoint as
  successor temporary directors the five persons named in the
  petition.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 7937A.0301.  GENERAL POWERS AND DUTIES. The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7937A.0302.  MUNICIPAL UTILITY DISTRICT POWERS AND
  DUTIES. The 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. 7937A.0303.  AUTHORITY FOR ROAD PROJECTS. Under
  Section 52, Article III, Texas Constitution, the district may
  design, acquire, construct, finance, issue bonds for, improve,
  operate, maintain, and convey to this state, a county, or a
  municipality for operation and maintenance macadamized, graveled,
  or paved roads, or improvements, including storm drainage, in aid
  of those roads.
         Sec. 7937A.0304.  ROAD STANDARDS AND REQUIREMENTS. (a) A
  road project must meet all applicable construction standards,
  zoning and subdivision requirements, and regulations of each
  municipality in whose corporate limits or extraterritorial
  jurisdiction the road project is located.
         (b)  If a road project is not located in the corporate limits
  or extraterritorial jurisdiction of a municipality, the road
  project must meet all applicable construction standards,
  subdivision requirements, and regulations of each county in which
  the road project is located.
         (c)  If the state will maintain and operate the road, the
  Texas Transportation Commission must approve the plans and
  specifications of the road project.
         Sec. 7937A.0305.  COMPLIANCE WITH MUNICIPAL CONSENT
  ORDINANCE OR RESOLUTION. The district shall comply with all
  applicable requirements of any ordinance or resolution that is
  adopted under Section 54.016 or 54.0165, Water Code, and that
  consents to the creation of the district or to the inclusion of land
  in the district.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 7937A.0401.  ELECTIONS REGARDING TAXES OR BONDS. (a)
  The district may issue, without an election, bonds and other
  obligations secured by:
               (1)  revenue other than ad valorem taxes; or
               (2)  contract payments described by Section
  7937A.0403.
         (b)  The district must hold an election in the manner
  provided by Chapters 49 and 54, Water Code, to obtain voter approval
  before the district may impose an ad valorem tax or issue bonds
  payable from ad valorem taxes.
         (c)  The district may not issue bonds payable from ad valorem
  taxes to finance a road project unless the issuance is approved by a
  vote of a two-thirds majority of the district voters voting at an
  election held for that purpose.
         Sec. 7937A.0402.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized at an election held under Section 7937A.0401, the
  district may impose an operation and maintenance tax on taxable
  property in the district in accordance with Section 49.107, Water
  Code.
         (b)  The board shall determine the tax rate. The rate may not
  exceed the rate approved at the election.
         Sec. 7937A.0403.  CONTRACT TAXES. (a) In accordance with
  Section 49.108, Water Code, the district may impose a tax other than
  an operation and maintenance tax and use the revenue derived from
  the tax to make payments under a contract after the provisions of
  the contract have been approved by a majority of the district voters
  voting at an election held for that purpose.
         (b)  A contract approved by the district voters may contain a
  provision stating that the contract may be modified or amended by
  the board without further voter approval.
  SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
         Sec. 7937A.0501.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS. The district may issue bonds or other obligations
  payable wholly or partly from ad valorem taxes, impact fees,
  revenue, contract payments, grants, or other district money, or any
  combination of those sources, to pay for any authorized district
  purpose.
         Sec. 7937A.0502.  TAXES FOR BONDS. At the time the district
  issues bonds payable wholly or partly from ad valorem taxes, the
  board shall provide for the annual imposition of a continuing
  direct ad valorem tax, without limit as to rate or amount, while all
  or part of the bonds are outstanding as required and in the manner
  provided by Sections 54.601 and 54.602, Water Code.
         Sec. 7937A.0503.  BONDS FOR ROAD PROJECTS. At the time of
  issuance, the total principal amount of bonds or other obligations
  issued or incurred to finance road projects and payable from ad
  valorem taxes may not exceed one-fourth of the assessed value of the
  real property in the district.
         SECTION 2.  The Raintree Municipal Utility District No. 1 of
  Collin County initially includes all the territory contained in the
  following area:
  FIELD NOTES to all that certain lot, tract or parcel of land
  situated in the CARTER T. CLIFFT SURVEY, ABSTRACT NUMBER 162,
  Collin County, Texas, and being all of a called 160.25 acre tract of
  land described in the deed to Patel & Patel LLC, Poonuru LLC, Bade
  LLC, Duggi LLC, Yukta LLC, VSAP Investments LLC, DGN Capital
  Management LLC, Dakuri LLC, Andrewakka LLC, and KPNR LLC recorded
  in Instrument Number 20190823001035060, Official Public Records,
  Collin County, Texas the subject tract being more particularly
  described as follows:
  BEGINNING at a railroad spike found in the center of an asphalt road
  under apparent public use posted County Road 470 for the Northeast
  corner of said 160.25 acre tract of land, same being the Northwest
  corner of a called 2.342 acre tract of land described in the deed to
  Itzel Torres recorded in Instrument Number 20201215002253760,
  Official Public Records, Collin County, Texas and being in the
  South line of a called 154.506 acre tract of land described as
  "Tract 3" in the deed to Jimmy Lawson, Trustee of The Jimmy Lawson
  GST Trust, Dated August 13, 2003 recorded in Instrument Number
  2003-0228722, Official Public Records, Collin County, Texas;
  THENCE South 00 Degrees 32 Minutes 19 Seconds West with the East
  line of said 160.25 acre tract of land, and the West line of said
  2.342 acre tract of land, along or near a fence, a distance of
  3,128.97 feet to a 2 inch metal fence corner post found for the
  occupied and recognized Southeast corner of said 160.25 acre tract
  of land, and the Southwest corner of the remainder of a called
  36.754 acre tract of land described in the deed to Leticia Torres
  recorded in Instrument Number 2004-0148472, Official Public
  Records, Collin County, Texas and being in the North line of a
  called 89.273 acre tract of land described in the deed to BHMM Group
  Family Partnership, LTD recorded in Instrument Number
  20170516000625330, Official Public Records, Collin County, Texas;
  THENCE North 89 Degrees 16 Minutes 06 Seconds West with the South
  line of said 160.25 acre tract of land and the North line of said
  89.273 acre tract of land, along or near a fence, a distance of
  895.41 feet to a 1/2 inch iron rod found at the north base of a metal
  fence corner post for corner, same being the Northwest corner of
  said 89.273 acre tract of land and the Northeast corner of the
  remainder of a called 73.69 acre tract of land described in the deed
  to Emma Evelyn Smith Living Revocable Trust recorded in Instrument
  Number 2001-0014244, Official Public Records, Collin County,
  Texas;
  THENCE North 88 Degrees 33 Minutes 14 Seconds West with the South
  line of said 160.25 acre tract of land and the North line of said
  73.69 acre tract of land, along or near a fence, a distance of
  1,540.53 feet to a wood fence corner post found for the Southwest
  corner of said 160.25 acre tract of land, same being the Southeast
  corner of a called 125.534 acre tract of land described in the deed
  to MAS Ranch recorded in Instrument Number 20170329000400410,
  Official Public Records, Collin County, Texas and being in the
  North line of a tract of land described in the deed to Malinda A.
  Warden recorded in Volume 3486, Page 130, Deed Records, Collin
  County, Texas;
  THENCE North 00 Degrees 45 Minutes 21 Seconds East with the West
  line of said 160.25 acre tract of land and the East line of a said
  125.534 acre tract of land, along or near a fence, passing at a
  distance of 2713.78 feet a 6 inch wood fence corner post on the
  South line of said County Road 470, and continuing a total distance
  of 2,740.07 feet to railroad spike found in the center of said
  County Road 470 for the Northwest corner of said 160.25 acre tract
  of land;
  THENCE with the North line of said 160.25 acre tract of land and
  along the centerline of said County Road 470 the following courses
  and distances:
  South 83 Degrees 46 Minutes 01 Seconds East a distance of 189.55
  feet to a Mag nail found for corner;
  South 84 Degrees 49 Minutes 37 Seconds East a distance of 138.51
  feet to a Mag nail set for corner;
  South 85 Degrees 01 Minutes 51 Seconds East a distance of 235.40
  feet to a Mag nail found for corner;
  North 89 Degrees 27 Minutes 18 Seconds East a distance of 271.52
  feet to a Mag nail found for corner;
  North 81 Degrees 57 Minutes 17 Seconds East a distance of 294.96
  feet to a PK nail found for corner, same being the Southwest corner
  of said 154.506 acre tract of land;
  THENCE with the North line of said 160.25 acre tract of land, the
  South line of said 154.506 acre tract of land and along the
  centerline of said County Road 470 the following courses and
  distances:
  North 72 Degrees 40 Minutes 13 Seconds East a distance of 236.87
  feet to a Mag nail set for corner in a curve to the left, concave to
  the Northwest, with a radius of 1,243.31 feet, a delta angle of 11
  Degrees 39 Minutes 20 Seconds, a chord bearing of North 65 Degrees
  00 Minutes 47 Seconds East, and a chord length of 252.52;
  Northeasterly along said curve to the left an arc length of 252.92
  feet to a Mag nail found for corner at the beginning of a reverse
  curve to the right, concave to the Southeast, with a radius of
  2,077.41 feet, a delta angle of 06 Degrees 04 Minutes 04 Seconds, a
  chord bearing of North 62 Degrees 05 Minutes 32 Seconds East, and a
  chord length of 219.93 feet;
  Northeasterly with said curve to the right an arc length of 220.00
  feet to a Mag nail found for corner at a point of a compound curve to
  the right, concave to the Southeast, with a radius of 781.42 feet, a
  delta angle of 14 Degrees 18 Minutes 35 Seconds, a chord bearing of
  North 74 Degrees 09 Minutes 45 Seconds East, and a chord length of
  194.68 feet;
  Easterly with said curve to the right an arc length of 195.16 feet
  to a Mag nail found for corner at the point of a compound curve to
  the right, concave to the Southeast, with a radius of 1,276.37, a
  delta angle of 06 Degrees 15 Minutes 19 Seconds, with a chord
  bearing of North 82 Degrees 38 Minutes 41 Seconds East, and a chord
  length of 139.30 feet;
  Easterly with a said curve to the right an arc length of 139.35 feet
  to a Mag nail found for corner at the point of a compound curve to
  the right, concave to the South, with a radius of 1,453.08 feet, a
  delta angle of 06 Degrees 21 Minutes 28 Seconds, a chord bearing of
  North 88 Degrees 49 Minutes 29 Seconds East, and a chord length of
  161.18 feet;
  Easterly with said curve to the right an arc length of 161.24 feet
  to a Mag nail set for corner at the point of a compound curve to the
  right, concave to the South, with a radius of 55,010.84 feet, a
  delta angle of 00 Degrees 10 Minutes 31 Seconds, a chord bearing of
  South 87 Degrees 54 Minutes 31 Seconds East, and a chord length of
  168.36 feet;
  Easterly with said curve to the right with an arc length of 168.34
  feet to the POINT OF BEGINNING and enclosing 160.23 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.  (a) If this Act does not receive a two-thirds
  vote of all the members elected to each house, Subchapter C, Chapter
  7937A, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7937A.0306 to read as
  follows:
         Sec. 7937A.0306.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         (b)  This section is not intended to be an expression of a
  legislative interpretation of the requirements of Section 17(c),
  Article I, Texas Constitution.
         SECTION 5.  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, 2021.