Bill Text: TX HB4683 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the creation of the Hunter Ranch Improvement District No. 1 of Denton County, Texas; providing authority to impose an assessment, impose a tax, and issue bonds.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-10 - Effective immediately [HB4683 Detail]
Download: Texas-2019-HB4683-Enrolled.html
H.B. No. 4683 |
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relating to the creation of the Hunter Ranch Improvement District | ||
No. 1 of Denton County, Texas; providing authority to impose an | ||
assessment, impose a tax, and issue bonds. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 4, Special District Local Laws | ||
Code, is amended by adding Chapter 3980 to read as follows: | ||
CHAPTER 3980. HUNTER RANCH IMPROVEMENT DISTRICT NO. 1 OF DENTON | ||
COUNTY, TEXAS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3980.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of Denton, Texas. | ||
(3) "County" means Denton County, Texas. | ||
(4) "Developer of property in the district" means a | ||
developer of property in the district as determined by the | ||
governing body of the city. | ||
(5) "Director" means a board member. | ||
(6) "District" means the Hunter Ranch Improvement | ||
District No. 1 of Denton County, Texas. | ||
(7) "Operating agreement" means an agreement that | ||
provides for: | ||
(A) a general description of the improvement | ||
projects that may be financed by the district; and | ||
(B) the terms and conditions of: | ||
(i) the financing of the improvement | ||
projects described by Paragraph (A); and | ||
(ii) the operation of the district. | ||
(8) "Project agreement" means an agreement between the | ||
city and a developer of property in the district that relates to any | ||
aspect of the development of property in or outside the district. | ||
The governing body of the city may determine whether an agreement | ||
constitutes a project agreement for purposes of this chapter. | ||
Sec. 3980.0102. NATURE OF DISTRICT. The Hunter Ranch | ||
Improvement District No. 1 of Denton County, Texas, is a special | ||
district created under Section 59, Article XVI, Texas Constitution. | ||
Sec. 3980.0103. PURPOSE; DECLARATION OF INTENT. (a) The | ||
creation of the district is essential to accomplish the purposes of | ||
Sections 52 and 52-a, Article III, and Section 59, Article XVI, | ||
Texas Constitution, and other public purposes stated in this | ||
chapter. | ||
(b) By creating the district and in authorizing the city, | ||
the county, and other political subdivisions to contract with the | ||
district, the legislature has established a program to accomplish | ||
the public purposes set out in Section 52-a, Article III, Texas | ||
Constitution. | ||
(c) The creation of the district is necessary to promote, | ||
develop, encourage, and maintain employment, commerce, | ||
transportation, housing, tourism, recreation, the arts, | ||
entertainment, economic development, safety, and the public | ||
welfare in the district. | ||
(d) This chapter and the creation of the district may not be | ||
interpreted to relieve the city and the county from providing the | ||
level of services provided as of the effective date of the Act | ||
enacting this chapter to the area in the district. The district is | ||
created to supplement and not to supplant city or county services | ||
provided in the district. | ||
Sec. 3980.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. | ||
(a) All land and other property included in the district will | ||
benefit from the improvements and services to be provided by the | ||
district under powers conferred by Sections 52 and 52-a, Article | ||
III, and Section 59, Article XVI, Texas Constitution, and other | ||
powers granted under this chapter. | ||
(b) The district is created to serve a public use and | ||
benefit. | ||
(c) The creation of the district is in the public interest | ||
and is essential to further the public purposes of: | ||
(1) developing and diversifying the economy of the | ||
state; | ||
(2) eliminating unemployment and underemployment; | ||
(3) promoting the affordability of housing; and | ||
(4) developing or expanding transportation and | ||
commerce. | ||
(d) The district will: | ||
(1) promote the health, safety, and general welfare of | ||
residents, employers, potential employees, employees, visitors, | ||
and consumers in the district, and of the public; | ||
(2) provide needed funding for the district to | ||
preserve, maintain, and enhance the economic health and vitality of | ||
the district territory as a community and business center; | ||
(3) promote the health, safety, welfare, and enjoyment | ||
of the public by providing pedestrian ways and by landscaping and | ||
developing certain areas in the district, which are necessary for | ||
the restoration, preservation, and enhancement of scenic beauty; | ||
and | ||
(4) provide for water, wastewater, drainage, road, and | ||
recreational facilities for the district. | ||
(e) Pedestrian ways along or across a street, whether at | ||
grade or above or below the surface, and street lighting, street | ||
landscaping, parking, and street art objects are parts of and | ||
necessary components of a street and are considered to be a street | ||
or road improvement. | ||
(f) The district will not act as the agent or | ||
instrumentality of any private interest even though the district | ||
will benefit many private interests as well as the public. | ||
Sec. 3980.0105. 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 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 bonds for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on the bonds; | ||
(3) right to impose or collect an assessment or tax; or | ||
(4) legality or operation. | ||
Sec. 3980.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. | ||
All or any part of the area of the district is eligible to be | ||
included in: | ||
(1) a tax increment reinvestment zone created by the | ||
city under Chapter 311, Tax Code; or | ||
(2) a tax abatement reinvestment zone created by the | ||
city under Chapter 312, Tax Code. | ||
Sec. 3980.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||
Chapter 375, Local Government Code, applies to the district. | ||
Sec. 3980.0108. CONSTRUCTION OF CHAPTER. This chapter | ||
shall be liberally construed in conformity with the findings and | ||
purposes stated in this chapter. | ||
Sec. 3980.0109. CITY CONSENT; OPERATING AGREEMENT AND | ||
PROJECT AGREEMENT REQUIRED. (a) Except as provided in Subsection | ||
(c), before the district may exercise any powers under this | ||
chapter: | ||
(1) the city must adopt an ordinance or resolution | ||
consenting to the creation of the district and to the inclusion of | ||
land in the district; | ||
(2) the city and the district must negotiate and | ||
execute a mutually approved and accepted operating agreement; and | ||
(3) the city and each developer of property in the | ||
district must negotiate and execute a project agreement. | ||
(b) This chapter expires December 31, 2020, if: | ||
(1) the city and the district have not executed the | ||
operating agreement required by Subsection (a)(2); or | ||
(2) the city and each developer of property in the | ||
district have not executed a project agreement as required by | ||
Subsection (a)(3). | ||
(c) The board has the powers necessary, convenient, or | ||
desirable to negotiate and execute a mutually approved and accepted | ||
operating agreement. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 3980.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of directors as provided in this section. | ||
(b) Five directors are elected in the manner provided by | ||
Subchapter D, Chapter 49, Water Code. | ||
(c) The city may appoint one additional director to the | ||
board. | ||
(d) Section 375.063, Local Government Code, does not apply | ||
to a director appointed by the city. | ||
(e) If the city exercises its right to appoint a director | ||
under Subsection (c), the board consists of six directors while the | ||
appointed director serves on the board. If the city does not | ||
exercise its right to appoint or reappoint a director under | ||
Subsection (c), the board consists of five directors. | ||
(f) Except as provided by Section 3980.0204, directors | ||
serve staggered four-year terms. | ||
Sec. 3980.0202. QUORUM. (a) Three members of the board | ||
constitute a quorum regardless of whether the board has five or six | ||
members. | ||
(b) A majority vote of a quorum of the board is required for | ||
official action. | ||
(c) For purposes of determining the requirements for a | ||
quorum of the board, the following are not counted: | ||
(1) a board position vacant for any reason, including | ||
death, resignation, or disqualification; or | ||
(2) a director who is abstaining from participation in | ||
a vote because of a conflict of interest. | ||
Sec. 3980.0203. COMPENSATION. A director is entitled to | ||
receive fees of office and reimbursement for actual expenses as | ||
provided by Section 49.060, Water Code. Sections 375.069 and | ||
375.070, Local Government Code, do not apply to the board. | ||
Sec. 3980.0204. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Matt Edgemon; | ||
(2) Mike Brady; | ||
(3) David Davidson Jr.; | ||
(4) Amanda Green; | ||
(5) Alan Hoffman; and | ||
(6) a temporary director appointed by the city if the | ||
city appoints a temporary director under Section 3980.0201(c). | ||
(b) The temporary or successor temporary directors shall | ||
hold an election as provided by Section 49.102, Water Code, to elect | ||
the five permanent elected directors. | ||
(c) Except for a temporary director appointed by the city, | ||
temporary directors serve until the earlier of: | ||
(1) the date the permanent elected directors are | ||
elected under Subsection (b); or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this chapter. | ||
(d) If the permanent elected directors have not been elected | ||
under Subsection (b) and the terms of the temporary directors have | ||
expired, successor temporary directors, other than a temporary | ||
director appointed by the city, shall be appointed or reappointed | ||
as provided by Subsection (e) to serve terms that expire on the | ||
earlier of: | ||
(1) the date the permanent elected directors are | ||
elected under Subsection (b); or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(e) If Subsection (d) 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 Texas Commission on Environmental | ||
Quality 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. | ||
(f) A temporary director appointed by the city serves until | ||
the fourth anniversary of the effective date of the Act enacting | ||
this chapter. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 3980.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3980.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The | ||
district, using any money available to the district for the | ||
purpose, may provide, design, construct, acquire, improve, | ||
relocate, operate, maintain, or finance an improvement project or | ||
service authorized under this chapter or Chapter 375, Local | ||
Government Code. | ||
(b) The district may contract with a governmental or private | ||
entity to carry out an action under Subsection (a). | ||
(c) The implementation of a district project or service is a | ||
governmental function or service for the purposes of Chapter 791, | ||
Government Code. | ||
Sec. 3980.0303. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. | ||
The district may join and pay dues to a charitable or nonprofit | ||
organization that performs a service or provides an activity | ||
consistent with the furtherance of a district purpose. | ||
Sec. 3980.0304. ADDING OR EXCLUDING LAND. (a) The district | ||
may add or exclude land in the manner provided by Subchapter J, | ||
Chapter 49, Water Code, or by Subchapter H, Chapter 54, Water Code. | ||
(b) A district may not add or exclude land unless the city | ||
consents to the addition or exclusion. | ||
Sec. 3980.0305. DISBURSEMENTS AND TRANSFERS OF MONEY. The | ||
board by resolution shall establish the number of directors' | ||
signatures and the procedure required for a disbursement or | ||
transfer of district money. | ||
Sec. 3980.0306. APPROVAL BY THE CITY. (a) The district | ||
must obtain the approval of the city for: | ||
(1) the plans and specifications of an improvement | ||
project financed by bonds, notes, or other obligations; and | ||
(2) the plans and specifications of an improvement | ||
project related to the use of land owned by the city, an easement | ||
granted by the city, or a right-of-way of a street, road, or | ||
highway. | ||
(b) City approval may be by an administrative process that | ||
does not involve the city's governing body, unless approval of the | ||
city's governing body is required by federal, state, or local law, | ||
ordinance, or regulation. | ||
(c) Before issuing bonds, the district must: | ||
(1) provide to the city the documents authorizing the | ||
bonds; | ||
(2) provide to the city a certification from each | ||
developer of property in the district that the developer is in | ||
compliance with the terms and conditions of the developer's project | ||
agreement with the city; and | ||
(3) certify that the district is in compliance with | ||
the terms and conditions of the ordinance or resolution consenting | ||
to the creation of the district under Section 3980.0109 and the | ||
operating agreement entered into under that section. | ||
(d) The city must complete the city's review of the | ||
documents and certifications required by Subsection (c) not later | ||
than the 30th day after the date the city receives the documents and | ||
certifications. The city may object to the issuance of the bonds if | ||
the city determines that: | ||
(1) the district is not in compliance with the terms | ||
and conditions of the ordinance or resolution consenting to the | ||
creation of the district under Section 3980.0109; | ||
(2) the district is not in compliance with the | ||
operating agreement entered into under Section 3980.0109; or | ||
(3) a developer of property in the district is not in | ||
compliance with the terms and conditions of a project agreement | ||
that applies to the developer. | ||
(e) If the city objects to the district's issuance of bonds, | ||
the district must obtain the consent of the city's governing body to | ||
the issuance of the bonds. The city's governing body may not | ||
unreasonably withhold consent to the issuance of bonds. | ||
(f) Section 375.207, Local Government Code, does not apply | ||
to the district. | ||
Sec. 3980.0307. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||
Sec. 3980.0401. PETITION REQUIRED FOR FINANCING SERVICES | ||
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a | ||
service or improvement project with assessments under this chapter | ||
unless a written petition requesting that service or improvement | ||
has been filed with the board. | ||
(b) A petition filed under Subsection (a) must be signed by | ||
the owner or owners of a majority of the assessed value of real | ||
property in the district subject to assessment according to the | ||
most recent certified tax appraisal roll for the county. | ||
Sec. 3980.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) | ||
The board by resolution may impose and collect an assessment for any | ||
purpose authorized by this chapter in all or any part of the | ||
district. Section 375.161, Local Government Code, does not apply | ||
to an assessment imposed by the district. | ||
(b) An assessment, a reassessment, or an assessment | ||
resulting from an addition to or correction of the assessment roll | ||
by the district, penalties and interest on an assessment or | ||
reassessment, an expense of collection, and reasonable attorney's | ||
fees incurred by the district: | ||
(1) are a first and prior lien against the property | ||
assessed; | ||
(2) are superior to any other lien or claim other than | ||
a lien or claim for county, school district, or municipal ad valorem | ||
taxes; and | ||
(3) are the personal liability of and a charge against | ||
the owners of the property even if the owners are not named in the | ||
assessment proceedings. | ||
(c) The lien is effective from the date of the board's | ||
resolution imposing the assessment until the date the assessment is | ||
paid. The board may enforce the lien in the same manner that the | ||
board may enforce an ad valorem tax lien against real property. | ||
(d) The board may make a correction to or deletion from the | ||
assessment roll that does not increase the amount of assessment of | ||
any parcel of land without providing notice and holding a hearing in | ||
the manner required for additional assessments. | ||
Sec. 3980.0403. IMPACT FEES PROHIBITED. The district may | ||
not adopt or impose an impact fee. | ||
SUBCHAPTER E. TAXES AND BONDS | ||
Sec. 3980.0501. TAX ELECTION REQUIRED. The district must | ||
hold an election in the manner provided by Chapter 49, Water Code, | ||
or, if applicable, Chapter 375, Local Government Code, to obtain | ||
voter approval before the district may impose an ad valorem tax. | ||
Sec. 3980.0502. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized by a majority of the district voters voting at an | ||
election under Section 3980.0501, the district may impose an | ||
operation and maintenance tax on taxable property in the district | ||
in the manner provided by Section 49.107, Water Code, for any | ||
district purpose, including to: | ||
(1) maintain and operate the district; | ||
(2) construct or acquire improvements; or | ||
(3) provide a service. | ||
(b) The board shall determine the operation and maintenance | ||
tax rate. The rate may not exceed the rate approved at the | ||
election. | ||
Sec. 3980.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE | ||
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on | ||
terms determined by the board. | ||
(b) The district may issue bonds, notes, or other | ||
obligations payable wholly or partly from ad valorem taxes, | ||
assessments, revenue, contract payments, grants, or other district | ||
money, or any combination of those sources of money, to pay for any | ||
authorized district purpose. | ||
(c) The principal amount of bonds issued by the district in | ||
aggregate may not exceed 10 percent of the assessed value of all | ||
real property in the district. | ||
Sec. 3980.0504. BONDS SECURED BY REVENUE OR CONTRACT | ||
PAYMENTS. The district may issue, without an election, bonds | ||
secured by: | ||
(1) revenue other than ad valorem taxes, including | ||
contract revenues; or | ||
(2) contract payments, provided that the requirements | ||
of Section 49.108, Water Code, have been met. | ||
Sec. 3980.0505. BONDS SECURED BY AD VALOREM TAXES; | ||
ELECTIONS. (a) If authorized at an election under Section | ||
3980.0501, the district may issue bonds payable from ad valorem | ||
taxes. | ||
(b) Section 375.243, Local Government Code, does not apply | ||
to the district. | ||
(c) 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 annual ad valorem tax, without | ||
limit as to rate or amount, for each year that all or part of the | ||
bonds are outstanding as required and in the manner provided by | ||
Sections 54.601 and 54.602, Water Code. | ||
(d) All or any part of any facilities or improvements that | ||
may be acquired by a district by the issuance of its bonds may be | ||
submitted as a single proposition or as several propositions to be | ||
voted on at the election. | ||
Sec. 3980.0506. CITY NOT REQUIRED TO PAY DISTRICT | ||
OBLIGATIONS. Except as provided by Section 375.263, Local | ||
Government Code, the city is not required to pay a bond, note, or | ||
other obligation of the district. | ||
SUBCHAPTER F. DEFINED AREAS | ||
Sec. 3980.0601. AUTHORITY TO ESTABLISH DEFINED AREAS OR | ||
DESIGNATED PROPERTY. The district may define areas or designate | ||
certain property of the district to pay for improvements, | ||
facilities, or services that primarily benefit that area or | ||
property and do not generally and directly benefit the district as a | ||
whole. | ||
Sec. 3980.0602. PROCEDURE FOR ELECTION. (a) Before the | ||
district may impose an ad valorem tax applicable only to the defined | ||
area or designated property or issue bonds payable from ad valorem | ||
taxes of the defined area or designated property, the board shall | ||
hold an election as provided by Section 3980.0501 in the defined | ||
area or designated property only. | ||
(b) The board may submit the proposition to the voters on | ||
the same ballot to be used in another election. | ||
Sec. 3980.0603. DECLARING RESULT AND ISSUING ORDER. | ||
(a) If a majority of the voters voting at the election held under | ||
Section 3980.0602 approve the proposition or propositions, the | ||
board shall declare the results and, by order, shall establish the | ||
defined area or designated property and describe it by metes and | ||
bounds or designate the specific area or property. | ||
(b) The board's order is not subject to judicial review | ||
except on the ground of fraud, palpable error, or arbitrary and | ||
confiscatory abuse of discretion. | ||
Sec. 3980.0604. TAXES FOR SERVICES, IMPROVEMENTS, AND | ||
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter | ||
approval and adoption of the order described by Section 3980.0603, | ||
the district may apply separately, differently, equitably, and | ||
specifically its taxing power and lien authority to the defined | ||
area or designated property to provide money to construct, | ||
administer, maintain, and operate services, improvements, and | ||
facilities that primarily benefit the defined area or designated | ||
property. | ||
Sec. 3980.0605. ISSUANCE OF BONDS FOR DEFINED AREA OR | ||
DESIGNATED PROPERTY. After the order under Section 3980.0603 is | ||
adopted, the district may issue bonds to provide for any land, | ||
improvements, facilities, plants, equipment, and appliances for | ||
the defined area or designated property. | ||
SUBCHAPTER G. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS | ||
Sec. 3980.0701. DIVISION OF DISTRICT; PREREQUISITES. The | ||
district may be divided into two or more new districts only if the | ||
district: | ||
(1) has never issued any bonds; and | ||
(2) is not imposing ad valorem taxes. | ||
Sec. 3980.0702. LAW APPLICABLE TO NEW DISTRICT. This | ||
chapter applies to any new district created by division of the | ||
district, and a new district has all the powers and duties of the | ||
district. | ||
Sec. 3980.0703. LIMITATION ON AREA OF NEW DISTRICT. A new | ||
district created by the division of the district may not, at the | ||
time the new district is created, contain any land outside the area | ||
described by Section 2 of the Act enacting this chapter. | ||
Sec. 3980.0704. DIVISION PROCEDURES. (a) The board, on its | ||
own motion or on receipt of a petition signed by the owner or owners | ||
of a majority of the assessed value of the real property in the | ||
district, may adopt an order dividing the district. | ||
(b) An order dividing the district must: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between the new districts. | ||
(c) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the Texas Commission on Environmental Quality and record the | ||
order in the real property records of each county in which the | ||
district is located. | ||
Sec. 3980.0705. DIRECTORS' ELECTION FOR NEW DISTRICT. A | ||
new district created by the division of the district shall hold a | ||
directors' election in the manner provided by Section 3980.0201. | ||
Sec. 3980.0706. TAX OR BOND ELECTION. Before a new district | ||
created by the division of the district may impose an operation and | ||
maintenance tax under Section 3980.0502 or issue bonds payable | ||
wholly or partly from ad valorem taxes, the new district must hold | ||
an election as required by this chapter to obtain voter approval. | ||
Sec. 3980.0707. CITY CONSENT. (a) City consent to the | ||
creation of the district and to the inclusion of land in the | ||
district granted under Section 3980.0109 acts as municipal consent | ||
to the creation of any new district created by the division of the | ||
district and to the inclusion of land in the new district. | ||
(b) A new district created by division of the district is | ||
subject to the terms and conditions contained in the ordinance or | ||
resolution consenting to the creation of the district under Section | ||
3980.0109. | ||
Sec. 3980.0708. OPERATING AGREEMENT AND PROJECT AGREEMENT. | ||
(a) Except as provided by Subsection (b), before a new district | ||
created by division of the district may exercise any powers under | ||
this chapter: | ||
(1) the new district must enter into: | ||
(A) a joinder to the existing operating agreement | ||
between the city and the district; or | ||
(B) a separate operating agreement with the city; | ||
and | ||
(2) each developer of property in the new district | ||
must enter into: | ||
(A) a joinder to an existing project agreement | ||
between the city and a developer of property in the district | ||
applicable to the territory in the new district; or | ||
(B) a separate project agreement with the city. | ||
(b) A new district created by division of the district has | ||
the powers necessary, convenient, or desirable to negotiate and | ||
execute an agreement described by Subsection (a). | ||
SUBCHAPTER H. DISSOLUTION | ||
Sec. 3980.0801. DISSOLUTION. (a) The board shall dissolve | ||
the district on written petition filed with the board by the owner | ||
or owners of: | ||
(1) 66 percent or more of the assessed value of the | ||
property subject to assessment by the district based on the most | ||
recent certified county property tax rolls; or | ||
(2) 66 percent or more of the surface area of the | ||
district, excluding roads, streets, highways, utility | ||
rights-of-way, other public areas, and other property exempt from | ||
assessment by the district according to the most recent certified | ||
county property tax rolls. | ||
(b) The board by majority vote may dissolve the district at | ||
any time. | ||
(c) The district may not be dissolved by its board under | ||
Subsection (a) or (b) if the district: | ||
(1) has any outstanding bonded indebtedness until that | ||
bonded indebtedness has been repaid or defeased in accordance with | ||
the order or resolution authorizing the issuance of the bonds; | ||
(2) has a contractual obligation to pay money until | ||
that obligation has been fully paid in accordance with the | ||
contract; or | ||
(3) owns, operates, or maintains public works, | ||
facilities, or improvements unless the district contracts with | ||
another person for the ownership, operation, or maintenance of the | ||
public works, facilities, or improvements. | ||
(d) Sections 375.261, 375.262, and 375.264, Local | ||
Government Code, do not apply to the district. | ||
SECTION 2. The Hunter Ranch Improvement District No. 1 of | ||
Denton County, Texas, initially includes all territory contained in | ||
the following area: | ||
TRACT 1: | ||
BEING a tract of land situated in the E. Pizano Survey, | ||
Abstract Number 994, the G. Pettingale Survey, Abstract Number | ||
1041, the J. Taft Survey, Abstract Number 1269, the G. West Survey, | ||
Abstract Number 1393, the B.B.B. & C.R.R. CO. Survey, Abstract | ||
Number 158, Denton County, Texas, and being all of the remainder of | ||
that tract of land described by deed to Petrus Investment, L.P. | ||
(tract 1), recorded in Instrument Number 1998-117450, and all of | ||
that tract of land described by deed to Hillwood Investment Land, | ||
L.P., recorded in Instrument Number 2015-146192, Real Property | ||
Records, Denton County, Texas, and being more particularly | ||
described by metes and bounds as follows: | ||
BEGINNING at the southwest corner of said Tract 1, being in | ||
the north right-of-way line of Robson Ranch Road; | ||
THENCE N 00°37'44"W, 3285.00 feet, departing said north | ||
right-of-way line; | ||
THENCE N 00°29'34"W, 3074.88 feet; | ||
THENCE S 89°50'59"W, 1215.90 feet; | ||
THENCE N 00°07'16"E, 3802.59 feet; | ||
THENCE N 89°46'52"E, 5806.39 feet; | ||
THENCE N 01°19'45"E, 92.25 feet; | ||
THENCE N 89°29'17"E, 5406.54 feet, to the approximate center | ||
line of John Paine Road; | ||
THENCE N 00°09'21"W, 6119.82 feet, with said approximate | ||
center line; | ||
THENCE N 44°00'59"E, 231.30 feet, departing said approximate | ||
center line, to the south right-of-way line of FM 2449, being the | ||
beginning of a curve to the right; | ||
THENCE with said south right-of-way line and said curve to | ||
the right, an arc distance of 215.79 feet, through a central angle | ||
of 11°16'41", having a radius of 1096.28 feet, the long chord which | ||
bears S 66°45'34"E, 215.44 feet; | ||
THENCE S 61°07'13"E, 2320.45 feet, continuing with said south | ||
right-of-way line, to the beginning of a curve to the left; | ||
THENCE with said south right-of-way line and said curve to | ||
the left, an arc distance of 151.20 feet, through a central angle of | ||
01°29'56", having a radius of 5779.65 feet, the long chord which | ||
bears S 61°52'12"E, 151.19 feet; | ||
THENCE S 00°27'53"E, 1963.20 feet; | ||
THENCE S 89°55'28"E, 47.53 feet, to the west right-of-way line | ||
of Interstate Highway 35W; | ||
THENCE with said west right-of-way line the following | ||
bearings and distances: | ||
S 26°18'12"W, 1542.25 feet; | ||
S 32°02'34"W, 199.99 feet; | ||
S 26°18'12"W, 400.06 feet; | ||
S 19°10'44"W, 201.57 feet; | ||
S 26°18'12"W, 2962.69 feet; | ||
N 33°34'41"W, 200.24 feet; | ||
N 19°12'37"W, 155.68 feet; | ||
N 00°31'13"W, 111.31 feet; | ||
N 30°43'14"W, 44.34 feet; | ||
N 89°58'11"W, 46.00 feet; | ||
S 29°23'22"W, 44.72 feet; | ||
S 00°31'13"E, 210.31 feet; | ||
S 10°43'27"E, 103.30 feet; | ||
S 00°31'13"E, 118.88 feet; | ||
S 33°43'52"E, 270.79 feet; | ||
S 26°18'12"W, 2560.86 feet; | ||
S 27°54'47"W, 605.73 feet; | ||
S 29°23'19"W, 2716.37 feet; | ||
S 35°04'08"W, 202.07 feet; | ||
S 29°23'19"W, 899.62 feet; | ||
S 32°15'04"W, 144.34 feet; | ||
S 89°59'41"W, 56.40 feet; | ||
S 00°37'05"E, 92.68 feet; | ||
S 29°23'19"W, 749.32 feet; | ||
S 32°50'37"W, 497.80 feet; | ||
S 29°18'00"W, 128.98 feet; | ||
S 29°23'18"W, 922.23 feet; | ||
THENCE S 65°32'46"W, 23.56 feet, to the north right-of-way | ||
line of Robson Ranch Road; | ||
THENCE with said north right-of-way line the following | ||
bearings and distances: | ||
S 89°52'13"W, 246.95 feet; | ||
N 00°19'14"W, 5.20 feet; | ||
S 89°53'26"W, 290.34 feet; | ||
S 00°06'34"E, 5.00 feet; | ||
S 89°53'26"W, 200.00 feet; | ||
S 00°06'34"E, 5.00 feet; | ||
S 89°53'26"W, 600.00 feet; | ||
S 00°06'34"E, 5.00 feet; | ||
THENCE S 89°53'26"W, 4134.86 feet to the Point of Beginning | ||
and containing 102,688,371 square feet or 2357.40 acres of land | ||
more or less. | ||
TRACT 2: | ||
BEING a tract of land situated in the B.B.B. & C.R.R. Co. | ||
Survey, Abstract Number 158, the J. Taft Survey, Abstract Number | ||
1269, the B.B.B & C.R.R. Co. Survey, Abstract Number 159, the G. | ||
Pettingale Survey, Abstract Number 1041, the B.B.B. & C.R.R. Co. | ||
Survey, Abstract Number 160, the S. Pritchett Survey, Abstract | ||
Number 1021 and the G. West Survey, Abstract Number 1393, Denton | ||
County, Texas, and being the remainder of that tract of land | ||
described by deed to Petrus investment, L.P., recorded in | ||
Instrument Number 1998-117450, Real Property Records, Denton | ||
County, Texas and being more particularly described by metes and | ||
bounds as follows: | ||
BEGINNING at the intersection of the of John Paine Road and | ||
Johnson Lane; | ||
THENCE S 00°30'43"E, 3045.50 feet, with the approximate | ||
centerline of said John Paine Road, to the beginning of a curve to | ||
the left; | ||
THENCE with said approximate centerline and said curve to the | ||
left, an arc distance of 179.75 feet, through a central angle of | ||
19°11'48", having a radius of 536.50 feet, the long chord which | ||
bears S 09°24'16"W, 178.91 feet; | ||
THENCE S 00°13'45"E, 426.23 feet, with said approximate | ||
centerline; | ||
THENCE S 89°53'42"W, 2258.03 feet, departing said approximate | ||
centerline; | ||
THENCE N 00°26'28"E, 497.90 feet; | ||
THENCE S 89°59'41"W, 273.92 feet, to the east right-of-way | ||
line of Interstate Highway 35W; | ||
THENCE with said east right-of-way line the following | ||
bearings and distances: | ||
N 29°23'19"E, 847.04 feet; | ||
N 23°44'25"E, 203.21 feet; | ||
N 29°23'16"E, 2716.06 feet; | ||
N 27°54'47"E, 621.79 feet; | ||
N 26°18'12"E, 2150.05 feet; | ||
N 89°55'52"E, 470.07 feet; | ||
S 76°13'57"E, 71.47 feet; | ||
N 89°37'20"E, 80.00 feet; | ||
N 71°38'56"E, 52.97 feet; | ||
N 16°39'41"E, 51.30 feet; | ||
N 70°04'44"W, 229.45 feet; | ||
N 54°35'05"W, 163.69 feet; | ||
N 33°40'57"W, 209.99 feet; | ||
N 26°18'12"E, 3164.78 feet; | ||
N 36°14'02"E, 202.95 feet; | ||
N 26°18'12"E, 399.25 feet; | ||
N 32°45'23"E, 400.40 feet; | ||
N 26°18'12"E, 399.87 feet; | ||
N 14°58'58"E, 305.66 feet; | ||
N 26°18'12"E, 833.31 feet; | ||
THENCE N 89°32'14"E, 1998.29 feet, departing said east | ||
right-of-way line; | ||
THENCE S 00°48'03"E, 5473.72 feet, to the approximate | ||
centerline of Allred Road; | ||
THENCE S 89°49'27"W, 3048.35 feet, with said approximate | ||
centerline; | ||
THENCE S 00°27'04"E, 2640.07 feet, departing said approximate | ||
centerline; | ||
THENCE S 89°59'08"W, 2353.13 feet to the Point of Beginning | ||
and containing 31,246,880 square feet or 717.33 acres of land more | ||
or less. | ||
TRACT 3: | ||
BEING a tract of land situated in the S. Pritchett Survey, | ||
Abstract Number 1004, the G. West Survey, Abstract Number 1393, the | ||
C.W. Byerly Survey, Abstract Number 1458, and the J. Dalton Survey, | ||
Abstract Number 353, Denton County, Texas, and being all of the | ||
remainder of that tract of land described by deed to Petrus | ||
Investment, L.P., (tract 3) recorded in Instrument Number | ||
1998-117450, Real Property Records, Denton County, Texas, and being | ||
more particularly described by metes and bounds as follows: | ||
BEGINNING at an ell corner in the east line of said tract 3, | ||
being the northwest corner of that tract of land described by deed | ||
to Southwest Denton Venture, recorded in Instrument Number | ||
1994-94865, said Real Property Records; | ||
THENCE S 00°26'39"E, 996.99 feet, with the east line of said | ||
tract 3, to the north right-of-way line of FM 2449, being the | ||
beginning of a curve to the right; | ||
THENCE with said north right-of-way line and said curve to | ||
the right, an arc distance of 95.22 feet, through a central angle of | ||
00°57'38", having a radius of 5679.65 feet, the long chord which | ||
bears N 61°36'02"W, 95.22 feet; | ||
THENCE N 61°07'13"W, 2320.45 feet, with said north | ||
right-of-way line; | ||
THENCE N 00°16'51"W, 99.92 feet, to the approximate | ||
centerline of Underwood Road; | ||
THENCE N 89°44'37"E, 986.31 feet, with said approximate | ||
centerline; | ||
THENCE N 01°13'53"E, 1106.15 feet, continuing with said | ||
approximate centerline, to the southwest corner of that tract of | ||
land described by deed to W.C. Lynch, recorded in Instrument Number | ||
1991-23744, said Real Property Records; | ||
THENCE S 89°48'49"E, 1847.04 feet, with the south line of said | ||
Lynch tract; | ||
THENCE S 00°25'26"E, 427.73 feet, departing said south line, | ||
to the approximate centerline of Hickory Creek; | ||
THENCE with the approximate centerline of Hickory Creek the | ||
following bearings and distances: | ||
S 40°20'08"E, 256.75 feet; | ||
S 49°08'35"E, 333.56 feet; | ||
S 44°58'00"E, 94.76 feet; | ||
S 24°00'36"E, 123.31 feet; | ||
S 05°41'36"W, 211.41 feet; | ||
THENCE S 02°18'34"E, 131.60 feet, to the north line of the | ||
aforementioned Southwest Denton JV tract; | ||
THENCE S 89°32'45"W, 1271.86 feet, departing said Hickory | ||
Creek, to the Point of Beginning and containing 4,050,704 square | ||
feet or 92.99 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, | ||
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 have been | ||
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, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4683 was passed by the House on May 7, | ||
2019, by the following vote: Yeas 130, Nays 16, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4683 was passed by the Senate on May | ||
22, 2019, by the following vote: Yeas 28, Nays 3. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |