Bill Text: TX HB4693 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the creation of the Cole 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) 2019-06-14 - Effective immediately [HB4693 Detail]
Download: Texas-2019-HB4693-Enrolled.html
H.B. No. 4693 |
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relating to the creation of the Cole 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 3981 to read as follows: | ||
CHAPTER 3981. COLE RANCH IMPROVEMENT DISTRICT NO. 1 OF DENTON | ||
COUNTY, TEXAS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 3981.0101. 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 Cole 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. 3981.0102. NATURE OF DISTRICT. The Cole Ranch | ||
Improvement District No. 1 of Denton County, Texas, is a special | ||
district created under Section 59, Article XVI, Texas Constitution. | ||
Sec. 3981.0103. 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. 3981.0104. 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. 3981.0105. 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. 3981.0106. 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. 3981.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||
Chapter 375, Local Government Code, applies to the district. | ||
Sec. 3981.0108. CONSTRUCTION OF CHAPTER. This chapter | ||
shall be liberally construed in conformity with the findings and | ||
purposes stated in this chapter. | ||
Sec. 3981.0109. 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. 3981.0201. 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 3981.0204, directors | ||
serve staggered four-year terms. | ||
Sec. 3981.0202. 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. 3981.0203. 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. 3981.0204. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Byron Campbell; | ||
(2) Ryan Miller; | ||
(3) Shawn Street; | ||
(4) Russell Hickey; | ||
(5) Warren Threadgill; and | ||
(6) a temporary director appointed by the city if the | ||
city appoints a temporary director under Section 3981.0201(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. 3981.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 3981.0302. 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. 3981.0303. 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. 3981.0304. 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. 3981.0305. 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. 3981.0306. 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 3981.0109 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 3981.0109; | ||
(2) the district is not in compliance with the | ||
operating agreement entered into under Section 3981.0109; 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. 3981.0307. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS | ||
Sec. 3981.0401. 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. 3981.0402. 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. 3981.0403. IMPACT FEES PROHIBITED. The district may | ||
not adopt or impose an impact fee. | ||
SUBCHAPTER E. TAXES AND BONDS | ||
Sec. 3981.0501. 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. 3981.0502. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized by a majority of the district voters voting at an | ||
election under Section 3981.0501, 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. 3981.0503. 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. 3981.0504. 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. 3981.0505. BONDS SECURED BY AD VALOREM TAXES; | ||
ELECTIONS. (a) If authorized at an election under Section | ||
3981.0501, 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. 3981.0506. 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. 3981.0601. 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. 3981.0602. 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 3981.0501 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. 3981.0603. DECLARING RESULT AND ISSUING ORDER. | ||
(a) If a majority of the voters voting at the election held under | ||
Section 3981.0602 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. 3981.0604. TAXES FOR SERVICES, IMPROVEMENTS, AND | ||
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter | ||
approval and adoption of the order described by Section 3981.0603, | ||
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. 3981.0605. ISSUANCE OF BONDS FOR DEFINED AREA OR | ||
DESIGNATED PROPERTY. After the order under Section 3981.0603 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. 3981.0701. 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. 3981.0702. 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. 3981.0703. 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. 3981.0704. 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. 3981.0705. 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 3981.0201. | ||
Sec. 3981.0706. TAX OR BOND ELECTION. Before a new district | ||
created by the division of the district may impose an operation and | ||
maintenance tax under Section 3981.0502 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. 3981.0707. CITY CONSENT. (a) City consent to the | ||
creation of the district and to the inclusion of land in the | ||
district granted under Section 3981.0109 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 | ||
3981.0109. | ||
Sec. 3981.0708. 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. 3981.0801. 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 Cole Ranch Improvement District No. 1 of | ||
Denton County, Texas, initially includes all territory contained in | ||
the following area: | ||
TRACT 1 (North Tract): | ||
SITUATED in Denton County, Texas in the J. W. Kjellberg | ||
Survey, Abstract No. 1610, the James McDonald Survey, Abstract | ||
No. 873, the I.W. Byerly Survey, Abstract No. 1458, the J. Dalton | ||
Survey, Abstract No. 353, the J. A. Burn Survey, Abstract No. 132, | ||
the T. & P. R. R., Abstract No. 1292, the A. C. Madden Survey, | ||
Abstract No. 851, the I. N. Hembree Survey, Abstract No. 594, the | ||
J. Bacon Survey, Abstract No. 1540, the Wm. Neill Survey, Abstract | ||
No. 970, the B. B. B. & C.R.R. Co. Survey, Abstract No. 176, the T. | ||
E. Carruth Survey, Abstract 1707, being a Survey of part of the | ||
562.8 acre "First tract", a Survey of the 798.2 acre "Second Tract", | ||
a Survey of part of the 640 acre "Third Tract" described in a deed | ||
from T. E. Carruth, et al to M. T. Cole, dated December 22, 1931, | ||
recorded in Volume 238, Page 410, a Survey of part of the 415 acre | ||
tract described in a deed from Rudy Copeland and wife, Mary A. | ||
Copeland to M. T. Cole, dated September 26, 1933, recorded in Volume | ||
243, Page 572, both deeds of the Denton County Deed Records, being | ||
described by metes and bounds as follows: | ||
BEGINNING at an 1/2-inch iron pin found at the Northwest | ||
corner of said 798.2 acre tract in the center of Tom Cole Road | ||
(East-West asphalt road) and C. Wolfe Road (rock road) from the | ||
South; | ||
THENCE South 88 degrees 55 minutes 44 seconds East, generally | ||
with the center of said Tom Cole Road, 4685.36 feet to an "x" cut in | ||
a concrete bridge; | ||
THENCE North 89 degrees 43 minutes 13 seconds East, generally | ||
with the center of said Tom Cole Road, 2521.29 feet to a 3/4-inch | ||
iron pin set in place of a nail found at the Northeast corner of said | ||
798.2 acre tract; | ||
THENCE South 00 degrees 23 minutes 40 seconds West, with the | ||
East line of said 798.2 acre tract and generally near an old fence, | ||
1865.00 feet to an 1/2-inch iron pin set by a corner post at the | ||
East-Southeast corner of said 798.2 acre tract; same being in the | ||
North line of said 640 acre tract; | ||
THENCE South 88 degrees 52 minutes 00 seconds East, with the | ||
North line of said 640 acre tract and generally near an old fence, | ||
1616.90 feet to an 1/2-inch iron pin set near a corner post at the | ||
Northwest corner of the 24.73 acre "Tract One" recorded in Volume | ||
871, Page 137; | ||
THENCE South 01 degree 07 minutes 58 seconds West, with the | ||
West line of said 24.73 acre tract and generally near a fence, | ||
950.05 feet to an 1/2-inch iron pin found at the West-Southwest | ||
corner of said 24.73 acre tract; | ||
THENCE South 88 degrees 58 minutes 35 seconds East, with a | ||
South line of said 24.73 acre tract, 144.97 feet to an 1/2-inch iron | ||
pin found at an inside corner of said 24.73 acre tract; | ||
THENCE South 01 degree 05 minutes 17 seconds West, with a West | ||
line of said 24.73 acre tract and with the West line of the 13.89 | ||
acre "Tract Two" in said Volume 871, Page 137, 699.86 feet to an | ||
1/2-inch iron pin found at the Southwest corner of said 13.89 acre | ||
tract; same being the Northwest corner of the 31.107 acre tract | ||
recorded in Clerk's File No. 94-71013; | ||
THENCE South 09 degrees 20 minutes 01 second West, with the | ||
West line of said 31.107 acre tract, 1010.79 feet to an 1/2-inch | ||
iron pin found at the Southwest corner of said 31.107 acre tract; | ||
THENCE South 88 degrees 53 minutes 58 seconds East, with the | ||
South line of said 31.107 acre tract, 1499.78 feet to an 1/2-inch | ||
iron pin found at the Southeast corner of said 31.107 acre tract; | ||
THENCE North 07 degrees 10 minutes 06 seconds West, with the | ||
East line of said 31.107 acre tract, 1009.80 feet to an 1/2-inch | ||
iron pin found at the Northeast corner of said 31.107 acre tract; | ||
same being the Southeast corner of said 13.89 acre tract; | ||
THENCE North 01 degree 06 minutes 57 seconds East, with the | ||
East line of said 13.89 acre tract and an East line of said 24.73 | ||
acre tract 699.98 feet to an 1/2-inch iron pin found at an inside | ||
corner of said 24.73 acre tract; | ||
THENCE South 88 degrees 52 minutes 57 seconds East, with a | ||
South line of said 24.73 acre tract, 144.76 feet to an 1/2-inch iron | ||
pin found at the East-Southeast corner of said 24.73 acre tract; | ||
THENCE North 01 degree 04 minutes 51 seconds East, with the | ||
East line of said 24.73 acre tract, 629.19 feet to an 1/2-inch iron | ||
pin found at the Northeast corner of said 24.73 acre tract; | ||
THENCE North 89 degrees 25 minutes 26 seconds East, with the | ||
South line of the Southeast Airport Addition recorded in Volume G, | ||
Page 295 of the Denton County Plat Records, 1534.00 feet to an | ||
1/2-inch iron pin found at the Southeast corner of said Airport | ||
Addition, in the center of Westcourt Road (North-South asphalt | ||
road); | ||
THENCE South 00 degrees 38 minutes 25 seconds West, with an | ||
East line of said 415 acre tract and generally with the center of | ||
said Westcourt Road, 1150.78 feet to a 5/8-inch iron pin found at an | ||
inside corner of said 415 acre tract; | ||
THENCE North 89 degrees 48 minutes 14 seconds East, generally | ||
along Spring Side Road, 870.00 feet to an 1/2-inch iron pin found at | ||
the Northwest corner of the 10 acre tract recorded in Volume 971, | ||
Page 251; | ||
THENCE southerly along the East side of Underwood Road | ||
(North-South asphalt road) as follows: | ||
South 00 degrees 11 minutes 34 seconds East, 646.53 feet to a | ||
5-inch pipe corner post; | ||
South 00 degrees 48 minutes 00 seconds East, generally near a | ||
fence for part of the way, 645.16 feet to a 5-inch pipe corner post; | ||
South 00 degrees 41 minutes 32 seconds East, 547.42 feet to a | ||
5/8-inch iron pin found at the North-Northwest corner of the 76.768 | ||
acre tract recorded in Volume 1166, Page 235; | ||
South 00 degrees 00 minutes 11 seconds West, with a West line | ||
of said 76.768 acre tract and generally near a wood fence for part | ||
of the way, 344.00 feet to an 1/2-inch iron pin set at an inside | ||
corner of said 76.768 acre tract; | ||
THENCE South 89 degrees 58 minutes 11 seconds West, with a | ||
North line of said 76.768 acre tract and crossing said Underwood | ||
Road, 125.00 feet to an 1/2-inch iron pin set at the West-Northwest | ||
corner of said 76.768 acre tract; | ||
THENCE South 00 degrees 15 minutes 42 seconds East, with the | ||
West line of said 76.768 acre tract and on the West side of said | ||
Underwood Road, passing the Southwest corner of said 76.768 acre | ||
tract and continuing in all, 1561.35 feet to an 1/2-inch iron pin | ||
found near said Underwood Road; same being the North-Northwest | ||
corner of the 96.85 acre tract recorded in Clerk's File | ||
No. 98-117450; | ||
THENCE South 01 degree 54 minutes 54 seconds West, with a West | ||
line of said 96.85 acre tract and generally with said Underwood | ||
Road, 1205.51 feet to an one inch iron pin found at the an inside | ||
corner of said 96.85 acre tract; same being the Southeast corner of | ||
said 415 acre tract; same being where said road turns West; | ||
THENCE North 89 degrees 27 minutes 33 seconds West, with the | ||
South line of said 415 acre tract and generally with the center of | ||
said Underwood Road, 1362.76 feet to an 1/2-inch iron pin set at the | ||
East-Southeast corner of the 18.726 acre "Tract II" recorded in | ||
Volume 489, Page 551 of the right-of-way of Farm Road No. 2449; | ||
THENCE North 00 degrees 28 minutes 37 seconds East, with the | ||
East line of said 18.726 acre tract and the right-of-way line of | ||
said Farm Road No. 2449, 45.00 feet to an 1/2-inch iron pin set at | ||
the Northeast corner of said 18.726 acre tract; | ||
THENCE with the North line of said 18.726 acre tract, the | ||
North right-of-way line of said Farm Road No. 2449 and generally | ||
near a fence as follows: | ||
North 89 degrees 31 minutes 23 seconds West, 2944.75 feet to | ||
an 1/2-inch iron pin set; | ||
South 89 degrees 46 minutes 37 seconds West, 7200.01 feet to | ||
an 1/2-inch iron pin set; | ||
North 84 degrees 30 minutes 45 seconds West, 100.50 feet to an | ||
1/2-inch iron pin set; | ||
South 89 degrees 46 minutes 37 seconds West, 200.00 feet to an | ||
1/2-inch iron pin set; | ||
South 84 degrees 03 minutes 59 seconds West, 100.50 feet to an | ||
1/2-inch iron pin set; | ||
South 89 degrees 46 minutes 37 seconds West, 678.22 feet to an | ||
1/2-inch iron pin set; | ||
North 44 degrees 49 minutes 38 seconds West, 39.98 feet to an | ||
1/2-inch iron pin set at the Northwest corner of said 18.726 acre | ||
tract; same being in the East line of said C. Wolfe Road; | ||
THENCE North 00 degrees 30 minutes 56 seconds East, with the | ||
East line of said C. Wolfe Road and generally near a fence, 1353.53 | ||
feet to an 1/2-inch iron pin set; | ||
THENCE North 89 degrees 32 minutes 13 seconds West, 17.14 | ||
feet to an 1/2-inch iron pin set in the center of said C. Wolfe Road, | ||
in the West line of said 798.2 acre tract; | ||
THENCE North 00 degrees 32 minutes 15 seconds East, with the | ||
West line of said 798.2 acre tract and generally with the center of | ||
said C. Wolfe Road, 6972.35 feet to the PLACE OF BEGINNING and | ||
containing 2049.00 acres. | ||
TRACT 2 (South Tract): | ||
SITUATED in Denton County, Texas in the S. Paine Survey, | ||
Abstract No. 1035, the M. Paine Survey, Abstract No. 1036, the | ||
George West Survey, Abstract No. 1393, the B. B. B. & C.R.R. Co. | ||
Survey, Abstract No. 176, the E.N. Oliver Survey, Abstract No. 989, | ||
the J. T. Evans Survey, Abstract No. 411, the C. Manchaca Survey, | ||
Abstract No. 789, the G. W. Pettingale Survey, Abstract No. 1041, | ||
the J. W. Kjellberg Survey, Abstract No. 1610, being a Survey of | ||
part of 1.086 acre tract described in a deed from Maurine P. Myers, | ||
et al to M. T. Cole Trust NO. 1, recorded in Volume 1018, Page 453, | ||
being a Survey of part of the 562.8 acre "First tract" described in | ||
a deed from T. E. Carruth, et al to M. T. Cole, dated December 22, | ||
1931, recorded in Volume 238, Page 410, a Survey of the 640 acre | ||
tract described in a Deed from T. E. Carruth, et al to M. T. Cole, | ||
dated January 4, 1935, recorded in Volume 250, Page 121, a Survey of | ||
the 429-3/4 acre tract described in a deed from T. E. Carruth, et al | ||
to M. T. Cole, dated March 28, 1936, recorded in Volume 256, Page | ||
285, all Deeds of the Denton County Deed Records, being described by | ||
metes and bounds as follows: | ||
BEGINNING at an 1/2-inch iron pin set in a broke off Bois | ||
d'arc corner post at the Southwest corner of said 640 acre tract; | ||
same being in the East line of the 320.350 acre tract recorded in | ||
Clerk's File No. 99-67258; | ||
THENCE North 00 degrees 35 minutes 15 seconds East, with the | ||
East line of said 320.350 acre tract and generally near a fence, | ||
3057.12 feet to a 5/8-inch iron pin found at the Northeast corner of | ||
said 320.350 acre tract; | ||
THENCE North 89 degrees 23 minutes 04 seconds West, with the | ||
North line of said 320.350 acre tract, 153.52 feet to an 1/2-inch | ||
iron pin set in the West line of said 1.086 acre tract; same being on | ||
the East side of H. Lively Road (rock road); | ||
THENCE northerly with the East side of said H. Lively Road, | ||
with the West line of said 1.086 acre tract and generally near a | ||
fence as follows: | ||
North 49 degrees 11 minutes 19 seconds East, 31.80 feet to an | ||
1/2-inch iron pin set; | ||
North 06 degrees 29 minutes 42 seconds East, 103.71 feet to an | ||
1/2-inch iron pin set; | ||
North 07 degrees 48 minutes 12 seconds East, 90.24 feet to an | ||
1/2-inch iron pin set; | ||
North 19 degrees 36 minutes 29 seconds East, 83.19 feet to an | ||
1/2-inch iron pin set; | ||
North 17 degrees 17 minutes 59 seconds East, 221.61 feet to an | ||
1/2-inch iron pin set at the Northwest corner of said 1.086 acre | ||
tract; | ||
THENCE South 89 degrees 52 minutes 01 second East, with the | ||
North line of said 1.086 acre tract, 17.07 feet to an 1/2-inch iron | ||
pin found at the Northeast corner of said 1.086 acre tract; same | ||
being in the East line of the 160.939 acre tract recorded in Volume | ||
1300, Page 933; | ||
THENCE northerly with the East line of said 160.939 acre | ||
tract, the East side of said H. Lively Road and generally near a | ||
fence as follows: | ||
North 00 degrees 48 minutes 45 seconds East, 72.34 feet to an | ||
1/2-inch iron pin found; | ||
North 00 degrees 23 minutes 31 seconds East, 2695.55 feet to | ||
an 1/2-inch iron pin set in the South right-of-way line of Farm Road | ||
No. 2449; | ||
THENCE easterly with the South right-of-way line of said Farm | ||
Road No. 2449 and generally near a fence as follows: | ||
North 45 degrees 10 minutes 52 seconds East, 41.58 feet to an | ||
1/2-inch iron pin set; | ||
North 89 degrees 46 minutes 37 seconds East, 679.48 feet to an | ||
1/2-inch iron pin set; | ||
South 84 degrees 30 minutes 45 seconds East, 100.50 feet to an | ||
1/2-inch iron pin set; | ||
North 89 degrees 46 minutes 37 seconds East, 200.00 feet to an | ||
60d nail set in top of a wood right-of-way marker; | ||
North 84 degrees 03 minutes 59 seconds East, 100.50 feet to an | ||
1/2-inch iron pin set; | ||
North 89 degrees 46 minutes 37 seconds East, 1462.48 feet to | ||
an 1/2-inch iron pin found at the Northwest corner of the 18.28 acre | ||
tract recorded in Volume 5, Page 709 of the Lis Pendens records of | ||
Denton County, Texas | ||
THENCE South 00 degrees 16 minutes 13 seconds East, with an | ||
West line of said 18.28 acre tract and generally near a fence 711.07 | ||
feet to an 1/2-inch iron pin found by a corner post at the Southwest | ||
corner of said 18.28 acre tract; | ||
THENCE North 89 degrees 45 minutes 23 seconds East, with the | ||
South line of said 18.28 acre tract and generally near a fence, | ||
1119.68 feet to an 1/2-inch iron pin found by a corner post at the | ||
Southeast corner of said 18.28 acre tract; | ||
THENCE North 00 degrees 12 minutes 56 seconds West, with the | ||
East line of said 18.28 acre tract and generally near a fence, | ||
710.67 feet to an 1/2-inch iron pin set at the Northeast corner of | ||
said 18.28 acre tract, in the South right-of-way line of said Farm | ||
Road No. 2449; | ||
THENCE North 89 degrees 46 minutes 37 seconds East, with the | ||
North right-of-way line of said Farm Road No. 2449 and generally | ||
near a fence, 4616.62 feet to an 1/2-inch iron pin set in an East | ||
line of said 562.8 acre tract; | ||
THENCE South 00 degrees 09 minutes 33 seconds West, with an | ||
East line of said 562.8 acre tract and generally with the center of | ||
a rock road 1652.60 feet to an 1/2-inch iron pin set at the | ||
South-Southeast corner of said 562.8 acre tract, where said road | ||
turns to the West; | ||
THENCE North 89 degrees 28 minutes 35 seconds West, with the | ||
South line of said 562.8 acre tract and generally with the center of | ||
said rock road, 254.68 feet to an 1/2-inch iron pin set in place of a | ||
60d nail found at the North-Northeast corner of said 429-3/4 acre | ||
tract; | ||
THENCE South 00 degrees 24 minutes 30 seconds West, with an | ||
East line of said 429-3/4 acre tract and generally near an old | ||
fence, 2169.07 feet to a Bois d'arc corner post found at the inside | ||
corner of said 429-3/4 acre tract; | ||
THENCE South 89 degrees 56 minutes 06 seconds East, with a | ||
North line of said 429-3/4 acre tract and generally near the | ||
evidence of an old fence, passing an 1/2-inch iron pin set by a | ||
corner post at 3125.59 feet and continuing in all, 3151.06 feet to a | ||
point on the West edge of John Paine Road (North-South rock road); | ||
same being in a West line of the 2329.49 acre tract recorded in | ||
Clerk's File No. 98-117450; | ||
THENCE South 00 degrees 33 minutes 24 seconds West, with a | ||
West line of said 2329.49 acre tract and with the West edge of said | ||
John Paine Road, 2545.07 feet to an 1/2-inch iron pin found at the | ||
Southeast corner of said 429-3/4 acre tract and an inside corner of | ||
said 2329.49 acre tract; | ||
THENCE North 89 degrees 47 minutes 59 seconds West, with the | ||
South line of said 429-3/4 acre tract, a North line of said 2329.49 | ||
acre tract and generally near an old fence, 5406.60 feet to a Bois | ||
d'arc corner post found at the Southwest corner of said 429-3/4 acre | ||
tract and a Northwest corner of said 2329.49 acre tract; | ||
THENCE South 01 degree 59 minutes 48 seconds West, with a West | ||
line of said 2329.49 acre tract and generally near a fence, 92.25 | ||
feet to a Bois d'arc corner post found at an inside corner of said | ||
2329.49 acre tract and the Southeast corner of said 640 acre tract; | ||
an one inch iron pipe found bears South 87 degrees 45 minutes 56 | ||
seconds East, 3.46 feet; | ||
THENCE North 89 degrees 30 minutes 24 seconds West, with the | ||
South line of said 640 acre tract, a North line of said 2329.49 acre | ||
tract and generally near an old fence for most of the way, 5806.65 | ||
feet to the PLACE OF BEGINNING and containing 1357.12 acres. | ||
SAVE AND EXCEPT THE FOLLOWING TRACTS OF LAND: | ||
Except Tract 1: | ||
22.18748 acres of land situated in Denton County, Texas, in | ||
the George West Survey, Abstract No. 1393 and the G.W. Pettingale | ||
Survey, Abstract No. 1041, being more particularly described in | ||
that certain Special Warranty Deed from SLF II Cole Property, L.P. | ||
to Corporation of the Episcopal Diocese of Dallas dated to be | ||
effective as of February 29, 2008 and recorded on March 4, 2008 as | ||
Instrument No. 2008-22241 in the Real Property Records of Denton | ||
County, Texas. | ||
Except Tract 2: | ||
184.812 acres of land situated in Denton County, Texas, in | ||
the William Neill Survey, Abstract No. 970, the John Bacon Survey, | ||
Abstract No. 1540, the Isaac N. Hambree Survey, Abstract No. 594, | ||
the Jeremiah Dalton Survey, Abstract No. 353 and the J.W. Kjellberg | ||
Survey, Abstract No. 1610, being more particularly described in | ||
that certain Special Warranty Deed from SLF II Cole Property, L.P. | ||
to Aldi (Texas) L.L.C. dated to be effective as of May 8, 2008 and | ||
recorded on May 8, 2008 as Instrument No. 2008-50360 in the Real | ||
Property Records of Denton County, Texas. | ||
Except Tract 3: | ||
0.247 acre of land situated in Denton County, Texas, in the | ||
Jeremiah Dalton Survey, Abstract No. 353, being more particularly | ||
described in that certain Donation Deed from SLF II Cole Property, | ||
L.P. to Denton County, Texas dated to be effective as of September | ||
1, 2010 and recorded on October 26, 2010 as Instrument | ||
No. 2010-107113 in the Real Property Records of Denton County, | ||
Texas, and recorded again on July 25, 2011 as Instrument | ||
No. 2011-68617 in the Real Property Records of Denton County, | ||
Texas. | ||
Except Tract 4: | ||
29.444 acres of land, situated in the J. McDonald Survey, | ||
A-873, Denton County, Texas, and being more particularly described | ||
in that certain Special Warranty Deed from SLF II Cole Property, | ||
L.P. to the City of Denton, Texas dated to be effective as of | ||
December 27, 2016 and recorded on December 29, 2016 as Instrument | ||
No. 163835 in the Real Property Records of Denton County, Texas. | ||
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. 4693 was passed by the House on May | ||
10, 2019, by the following vote: Yeas 122, Nays 19, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4693 was passed by the Senate on May | ||
22, 2019, by the following vote: Yeas 28, Nays 3. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |