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RESOLUTION NO. 82013-007
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A RESOLUTION OF THE CITY OF DENTON, TEXAS SUPPORTING HOUSE BILL 738
RECENTLY INTRODUCED IN THE 83RD TEXAS LEGISLATURE, RELATING TO THE
REVIEW BY A COUNTY COMMISSIONERS COURT OF THE CREATION OF A
PROPOSED MUNICIPAL UTILITY DISTRICT (MUD) WITHIN A CITY'S
EXTRATERRITORIAL JURISDICTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, House Bill 738 ("HB 738") would expand a county's review to include
MUDs proposed to be created entirely within a city's extraterritorial jurisdiction; and
WHEREAS, a county currently has authority to review those MUDs proposed to be
created outside and partially within a city's extraterritorial jurisdiction; and
WHEREAS, HB 738 serves as an expansion of a county's review authority; and
WHEREAS, the number of municipal utility districts in Denton County has grown from
27 to 56 since 2000; and
WHEREAS, the number of municipal utility districts will continue to grow in the
extraterritorial jurisdictions of smaller cities in Denton County; and
WHEREAS, smaller cities may not have adequate resources to successfully deny an
undesirable municipal utility district and may require the assistance of the county in order to do
so; and
WHEREAS, utility districts lack uniformity through the region and significantly impact
the ability for cities to implement growth plans, affecting the economic future of those
surrounding cities; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. The City Council hereby adopts and incorporates the above referenced
findings in this Resolution.
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SECTION 2. The City Council therefore supports the passage of HB 738, as it comports
substantially with Exhibit "A", and the City Manager, or his designee, is hereby authorized to
forward this Resolution to appropriate Senate and House members of the 83rd Session of the
Texas Legislature.
SECTION 3. This Resolution shall take effect immediately from and after its date of
passage.
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sAlegal\our documents\resolutions\13\hb 738 resolution (march 19 2013). doe
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PASSED AND APPROVED this the day of W 2013.
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MARK A. B GHS YOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP ED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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BY: e ~ s
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EXHIBIT "A"
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By: _.B. No.
Substitute the following for _.B. No.
By: C.S._.B. No.
A BILL TO BE ENTITLED
1 AN ACT
2 relating to the review of the creation of certain proposed
3 municipal utility districts by county commissioners courts.
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
5 SECTION 1. Sections 54.0161(a) and (c), Water Code, are
6 amended to read as follows:
7 (a) Promptly after a petition is filed with the commission
8 requesting the creation of a district, the commission shall notify
9 the commissioners court of each county in which the [if all e
10 of a] proposed district is to be located. The [ sf e-*:
11 e z~ to ite fal fs iszie Af a city, the] commissioners court
12 of a [fie] county in which the district is to be located may review
13 the petition for creation and other evidence and information
14 relating to the proposed district that the commissioners consider
15 necessary. Petitioners for the creation of a district shall submit
16 to the county commissioners court any relevant information
17 requested by the commissioners court [in the event a xevieiv is
18 fie].
19 ( c ) In passing on a petition:
20 (1) if all or part of the proposed district is to be
21 located outside the extraterritorial jurisdiction of a
22 municipality [ the commission shall
23 consider the written opinion submitted by the county commissioners;
24 and
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1 (2) if the proposed district is to be located entirely
2 within the extraterritorial -jurisdiction of a municipality, the
3 commission may consider the written opinion submitted by the county
4 commissioners.
5 SECTION 2. The changes in law made by this Act apply only to
6 a petition for the creation of a municipal utility district filed
7 with the Texas Commission on Environmental Quality on or after the
8 effective date of this Act. A petition pending before the Texas
9 Commission on Environmental Quality on the effective date of this
10 Act is governed by the law in effect at the time the petition was
11 filed, and that law is continued in effect for that purpose.
12 SECTION 3. This Act takes effect September 1, 2013.
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