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Texas House Bill HB4698

Texas 2009 - 81st Regular

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11 H.B. No. 4698
22
33
44 AN ACT
55 relating to the creation of the Lake Weatherford Municipal Utility
66 Districts Nos. 1 and 2; providing authority to impose a tax and
77 issue bonds; granting a limited power of eminent domain.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1010 Code, is amended by adding Chapters 8324 and 8325 to read as
1111 follows:
1212 CHAPTER 8324. LAKE WEATHERFORD MUNICIPAL UTILITY DISTRICT NO. 1
1313 SUBCHAPTER A. GENERAL PROVISIONS
1414 Sec. 8324.001. DEFINITIONS. In this chapter:
1515 (1) "Board" means the district's board of directors.
1616 (2) "Director" means a board member.
1717 (3) "District" means the Lake Weatherford Municipal
1818 Utility District No. 1.
1919 Sec. 8324.002. NATURE OF DISTRICT. The district is a
2020 municipal utility district created under Section 59, Article XVI,
2121 Texas Constitution.
2222 Sec. 8324.003. CONFIRMATION AND DIRECTORS' ELECTION
2323 REQUIRED. The temporary directors shall hold an election to
2424 confirm the creation of the district and to elect five permanent
2525 directors as provided by Section 49.102, Water Code.
2626 Sec. 8324.004. CONSENT OF MUNICIPALITY REQUIRED. The
2727 temporary directors may not hold an election under Section 8324.003
2828 until each municipality in whose corporate limits or
2929 extraterritorial jurisdiction the district is located has
3030 consented by ordinance or resolution to the creation of the
3131 district and to the inclusion of land in the district.
3232 Sec. 8324.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
3333 The district is created to serve a public purpose and benefit.
3434 (b) The district is created to accomplish the purposes of:
3535 (1) a municipal utility district as provided by
3636 general law and Section 59, Article XVI, Texas Constitution; and
3737 (2) Section 52, Article III, Texas Constitution, that
3838 relate to the construction, acquisition, improvement, operation,
3939 or maintenance of macadamized, graveled, or paved roads, or
4040 improvements, including storm drainage, in aid of those roads.
4141 Sec. 8324.006. INITIAL DISTRICT TERRITORY. (a) The
4242 district is initially composed of the territory described by
4343 Section 2(a) of the Act creating this chapter.
4444 (b) The boundaries and field notes contained in Section 2(a)
4545 of the Act creating this chapter form a closure. A mistake made in
4646 the field notes or in copying the field notes in the legislative
4747 process does not affect the district's:
4848 (1) organization, existence, or validity;
4949 (2) right to issue any type of bond for the purposes
5050 for which the district is created or to pay the principal of and
5151 interest on a bond;
5252 (3) right to impose a tax; or
5353 (4) legality or operation.
5454 [Sections 8324.007-8324.050 reserved for expansion]
5555 SUBCHAPTER B. BOARD OF DIRECTORS
5656 Sec. 8324.051. GOVERNING BODY; TERMS. (a) The district is
5757 governed by a board of five elected directors.
5858 (b) Except as provided by Section 8324.052, directors serve
5959 staggered four-year terms.
6060 Sec. 8324.052. TEMPORARY DIRECTORS. (a) On or after the
6161 effective date of the Act creating this chapter, the owner or owners
6262 of a majority of the assessed value of the real property in the
6363 district may submit a petition to the Texas Commission on
6464 Environmental Quality requesting that the commission appoint as
6565 temporary directors the five persons named in the petition. The
6666 commission shall appoint as temporary directors the five persons
6767 named in the petition.
6868 (b) Temporary directors serve until the earlier of:
6969 (1) the date permanent directors are elected under
7070 Section 8324.003; or
7171 (2) the fourth anniversary of the effective date of
7272 the Act creating this chapter.
7373 (c) If permanent directors have not been elected under
7474 Section 8324.003 and the terms of the temporary directors have
7575 expired, successor temporary directors shall be appointed or
7676 reappointed as provided by Subsection (d) to serve terms that
7777 expire on the earlier of:
7878 (1) the date permanent directors are elected under
7979 Section 8324.003; or
8080 (2) the fourth anniversary of the date of the
8181 appointment or reappointment.
8282 (d) If Subsection (c) applies, the owner or owners of a
8383 majority of the assessed value of the real property in the district
8484 may submit a petition to the commission requesting that the
8585 commission appoint as successor temporary directors the five
8686 persons named in the petition. The commission shall appoint as
8787 successor temporary directors the five persons named in the
8888 petition.
8989 [Sections 8324.053-8324.100 reserved for expansion]
9090 SUBCHAPTER C. POWERS AND DUTIES
9191 Sec. 8324.101. GENERAL POWERS AND DUTIES. The district has
9292 the powers and duties necessary to accomplish the purposes for
9393 which the district is created.
9494 Sec. 8324.102. MUNICIPAL UTILITY DISTRICT POWERS AND
9595 DUTIES. The district has the powers and duties provided by the
9696 general law of this state, including Chapters 49 and 54, Water Code,
9797 applicable to municipal utility districts created under Section 59,
9898 Article XVI, Texas Constitution.
9999 Sec. 8324.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100100 52, Article III, Texas Constitution, the district may design,
101101 acquire, construct, finance, issue bonds for, improve, operate,
102102 maintain, and convey to this state, a county, or a municipality for
103103 operation and maintenance macadamized, graveled, or paved roads, or
104104 improvements, including storm drainage, in aid of those roads.
105105 Sec. 8324.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
106106 project must meet all applicable construction standards, zoning and
107107 subdivision requirements, and regulations of each municipality in
108108 whose corporate limits or extraterritorial jurisdiction the road
109109 project is located.
110110 (b) If a road project is not located in the corporate limits
111111 or extraterritorial jurisdiction of a municipality, the road
112112 project must meet all applicable construction standards,
113113 subdivision requirements, and regulations of each county in which
114114 the road project is located.
115115 (c) If the state will maintain and operate the road, the
116116 Texas Transportation Commission must approve the plans and
117117 specifications of the road project.
118118 Sec. 8324.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119119 OR RESOLUTION. The district shall comply with all applicable
120120 requirements of any ordinance or resolution that is adopted before
121121 the effective date of the Act creating this chapter under Section
122122 54.016 or 54.0165, Water Code, and that consents to the creation of
123123 the district or to the inclusion of land in the district.
124124 Sec. 8324.106. SELECTION OF EXTRATERRITORIAL JURISDICTION.
125125 The board may not select the municipality that may exercise
126126 authority in the district as provided by Section 54.0163, Water
127127 Code, unless the City of Weatherford provides written consent to
128128 that selection.
129129 Sec. 8324.107. LIMITATION ON ANNEXATION OF LAND BY
130130 DISTRICT. Notwithstanding Section 54.016(d), Water Code, the
131131 district may not annex land that is located in the extraterritorial
132132 jurisdiction of a municipality unless the City of Weatherford
133133 provides written consent to that annexation.
134134 Sec. 8324.108. EFFECT OF ANNEXATION BY CITY OF WEATHERFORD.
135135 (a) The City of Weatherford may annex part of the territory of the
136136 district into its corporate limits without annexing all of the
137137 territory of the district under an agreement entered into before
138138 the effective date of the Act creating this chapter between the City
139139 of Weatherford and the landowners of the land being annexed. The
140140 district continues in existence following annexation of part of the
141141 territory of the district as described by this subsection.
142142 (b) The district shall be dissolved and its debts and
143143 obligations assumed by the City of Weatherford in accordance with
144144 Chapter 43, Local Government Code, including Sections 43.075 and
145145 43.0715, on annexation of all of the territory of the district by
146146 the City of Weatherford, provided that:
147147 (1) water, sanitary sewer, and drainage improvements,
148148 and roads have been constructed to serve at least 95 percent of the
149149 territory of the district; or
150150 (2) the board adopts a resolution consenting to the
151151 dissolution of the district.
152152 (c) If all of the territory of the district is annexed by the
153153 City of Weatherford but the conditions under Subsection (b) have
154154 not been met, the City of Weatherford may dissolve the district by
155155 resolution only on or after the 20th anniversary of the effective
156156 date of the Act creating this chapter.
157157 (d) Notwithstanding Section 54.016(f)(2), Water Code, a
158158 contract ("Allocation Agreement") between the City of Weatherford
159159 and the district that provides for the allocation of the taxes or
160160 revenues of the district and the city following the date of
161161 inclusion of all the district's territory in the corporate limits
162162 of the city, may provide that the total annual ad valorem taxes
163163 collected by the city and the district from taxable property in the
164164 district may exceed the city's ad valorem tax on the property.
165165 Sec. 8324.109. LIMITATION ON USE OF EMINENT DOMAIN. The
166166 district may not exercise the power of eminent domain outside the
167167 district to acquire a site or easement for:
168168 (1) a road project authorized by Section 8324.103; or
169169 (2) a recreational facility as defined by Section
170170 49.462, Water Code.
171171 Sec. 8324.110. DIVISION OF DISTRICT. (a) The district may
172172 be divided into two or more new districts only if the district:
173173 (1) has no outstanding bonded debt; and
174174 (2) is not imposing ad valorem taxes.
175175 (b) This chapter applies to any new district created by the
176176 division of the district, and a new district has all the powers and
177177 duties of the district.
178178 (c) Any new district created by the division of the district
179179 may not, at the time the new district is created:
180180 (1) contain any land outside the area described by
181181 Section 2(a) of the Act creating this chapter; or
182182 (2) contain less than 200 or more than 600 acres of
183183 land without the prior consent of any municipality in whose
184184 extraterritorial jurisdiction the district is located.
185185 (d) The board, on its own motion or on receipt of a petition
186186 signed by the owner or owners of a majority of the assessed value of
187187 the real property in the district, may adopt an order dividing the
188188 district.
189189 (e) The board may adopt an order dividing the district
190190 before or after the date the board holds an election under Section
191191 8324.003 to confirm the district's creation.
192192 (f) An order dividing the district shall:
193193 (1) name each new district;
194194 (2) include the metes and bounds description of the
195195 territory of each new district;
196196 (3) appoint temporary directors for each new district;
197197 and
198198 (4) provide for the division of assets and liabilities
199199 between or among the new districts.
200200 (g) On or before the 30th day after the date of adoption of
201201 an order dividing the district, the district shall file the order
202202 with the Texas Commission on Environmental Quality and record the
203203 order in the real property records of each county in which the
204204 district is located.
205205 (h) Any new district created by the division of the district
206206 shall hold a confirmation and directors' election as required by
207207 Section 8324.003.
208208 (i) Except as provided by Subsection (c), municipal consent
209209 to the creation of the district and to the inclusion of land in the
210210 district granted under Section 8324.004 acts as municipal consent
211211 to the creation of any new district created by the division of the
212212 district and to the inclusion of land in the new district.
213213 (j) Any new district created by the division of the district
214214 must hold an election as required by this chapter to obtain voter
215215 approval before the district may impose a maintenance tax or issue
216216 bonds payable wholly or partly from ad valorem taxes.
217217 [Sections 8324.111-8324.150 reserved for expansion]
218218 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
219219 Sec. 8324.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
220220 district may issue, without an election, bonds and other
221221 obligations secured by:
222222 (1) revenue other than ad valorem taxes; or
223223 (2) contract payments described by Section 8324.153.
224224 (b) The district must hold an election in the manner
225225 provided by Chapters 49 and 54, Water Code, to obtain voter approval
226226 before the district may impose an ad valorem tax or issue bonds
227227 payable from ad valorem taxes.
228228 (c) The district may not issue bonds payable from ad valorem
229229 taxes to finance a road project unless the issuance is approved by a
230230 vote of a two-thirds majority of the district voters voting at an
231231 election held for that purpose.
232232 Sec. 8324.152. OPERATION AND MAINTENANCE TAX. (a) If
233233 authorized at an election held under Section 8324.151, the district
234234 may impose an operation and maintenance tax on taxable property in
235235 the district in accordance with Section 49.107, Water Code.
236236 (b) The board shall determine the tax rate. The rate may not
237237 exceed the rate approved at the election.
238238 Sec. 8324.153. CONTRACT TAXES. (a) In accordance with
239239 Section 49.108, Water Code, the district may impose a tax other than
240240 an operation and maintenance tax and use the revenue derived from
241241 the tax to make payments under a contract after the provisions of
242242 the contract have been approved by a majority of the district voters
243243 voting at an election held for that purpose.
244244 (b) A contract approved by the district voters may contain a
245245 provision stating that the contract may be modified or amended by
246246 the board without further voter approval.
247247 [Sections 8324.154-8324.200 reserved for expansion]
248248 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
249249 Sec. 8324.201. AUTHORITY TO ISSUE BONDS AND OTHER
250250 OBLIGATIONS. The district may issue bonds or other obligations
251251 payable wholly or partly from ad valorem taxes, impact fees,
252252 revenue, contract payments, grants, or other district money, or any
253253 combination of those sources, to pay for any authorized district
254254 purpose.
255255 Sec. 8324.202. TAXES FOR BONDS. At the time the district
256256 issues bonds payable wholly or partly from ad valorem taxes, the
257257 board shall provide for the annual imposition of a continuing
258258 direct ad valorem tax, without limit as to rate or amount, while all
259259 or part of the bonds are outstanding as required and in the manner
260260 provided by Sections 54.601 and 54.602, Water Code.
261261 Sec. 8324.203. BONDS FOR ROAD PROJECTS. At the time of
262262 issuance, the total principal amount of bonds or other obligations
263263 issued or incurred to finance road projects and payable from ad
264264 valorem taxes may not exceed one-fourth of the assessed value of the
265265 real property in the district.
266266 CHAPTER 8325. LAKE WEATHERFORD MUNICIPAL UTILITY DISTRICT NO. 2
267267 SUBCHAPTER A. GENERAL PROVISIONS
268268 Sec. 8325.001. DEFINITIONS. In this chapter:
269269 (1) "Board" means the district's board of directors.
270270 (2) "Director" means a board member.
271271 (3) "District" means the Lake Weatherford Municipal
272272 Utility District No. 2.
273273 Sec. 8325.002. NATURE OF DISTRICT. The district is a
274274 municipal utility district created under Section 59, Article XVI,
275275 Texas Constitution.
276276 Sec. 8325.003. CONFIRMATION AND DIRECTORS' ELECTION
277277 REQUIRED. The temporary directors shall hold an election to
278278 confirm the creation of the district and to elect five permanent
279279 directors as provided by Section 49.102, Water Code.
280280 Sec. 8325.004. CONSENT OF MUNICIPALITY REQUIRED. The
281281 temporary directors may not hold an election under Section 8325.003
282282 until each municipality in whose corporate limits or
283283 extraterritorial jurisdiction the district is located has
284284 consented by ordinance or resolution to the creation of the
285285 district and to the inclusion of land in the district.
286286 Sec. 8325.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
287287 The district is created to serve a public purpose and benefit.
288288 (b) The district is created to accomplish the purposes of:
289289 (1) a municipal utility district as provided by
290290 general law and Section 59, Article XVI, Texas Constitution; and
291291 (2) Section 52, Article III, Texas Constitution, that
292292 relate to the construction, acquisition, improvement, operation,
293293 or maintenance of macadamized, graveled, or paved roads, or
294294 improvements, including storm drainage, in aid of those roads.
295295 Sec. 8325.006. INITIAL DISTRICT TERRITORY. (a) The
296296 district is initially composed of the territory described by
297297 Section 2(b) of the Act creating this chapter.
298298 (b) The boundaries and field notes contained in Section 2(b)
299299 of the Act creating this chapter form a closure. A mistake made in
300300 the field notes or in copying the field notes in the legislative
301301 process does not affect the district's:
302302 (1) organization, existence, or validity;
303303 (2) right to issue any type of bond for the purposes
304304 for which the district is created or to pay the principal of and
305305 interest on a bond;
306306 (3) right to impose a tax; or
307307 (4) legality or operation.
308308 [Sections 8325.007-8325.050 reserved for expansion]
309309 SUBCHAPTER B. BOARD OF DIRECTORS
310310 Sec. 8325.051. GOVERNING BODY; TERMS. (a) The district is
311311 governed by a board of five elected directors.
312312 (b) Except as provided by Section 8325.052, directors serve
313313 staggered four-year terms.
314314 Sec. 8325.052. TEMPORARY DIRECTORS. (a) On or after the
315315 effective date of the Act creating this chapter, the owner or owners
316316 of a majority of the assessed value of the real property in the
317317 district may submit a petition to the Texas Commission on
318318 Environmental Quality requesting that the commission appoint as
319319 temporary directors the five persons named in the petition. The
320320 commission shall appoint as temporary directors the five persons
321321 named in the petition.
322322 (b) Temporary directors serve until the earlier of:
323323 (1) the date permanent directors are elected under
324324 Section 8325.003; or
325325 (2) the fourth anniversary of the effective date of
326326 the Act creating this chapter.
327327 (c) If permanent directors have not been elected under
328328 Section 8325.003 and the terms of the temporary directors have
329329 expired, successor temporary directors shall be appointed or
330330 reappointed as provided by Subsection (d) to serve terms that
331331 expire on the earlier of:
332332 (1) the date permanent directors are elected under
333333 Section 8325.003; or
334334 (2) the fourth anniversary of the date of the
335335 appointment or reappointment.
336336 (d) If Subsection (c) applies, the owner or owners of a
337337 majority of the assessed value of the real property in the district
338338 may submit a petition to the commission requesting that the
339339 commission appoint as successor temporary directors the five
340340 persons named in the petition. The commission shall appoint as
341341 successor temporary directors the five persons named in the
342342 petition.
343343 [Sections 8325.053-8325.100 reserved for expansion]
344344 SUBCHAPTER C. POWERS AND DUTIES
345345 Sec. 8325.101. GENERAL POWERS AND DUTIES. The district has
346346 the powers and duties necessary to accomplish the purposes for
347347 which the district is created.
348348 Sec. 8325.102. MUNICIPAL UTILITY DISTRICT POWERS AND
349349 DUTIES. The district has the powers and duties provided by the
350350 general law of this state, including Chapters 49 and 54, Water Code,
351351 applicable to municipal utility districts created under Section 59,
352352 Article XVI, Texas Constitution.
353353 Sec. 8325.103. AUTHORITY FOR ROAD PROJECTS. Under Section
354354 52, Article III, Texas Constitution, the district may design,
355355 acquire, construct, finance, issue bonds for, improve, operate,
356356 maintain, and convey to this state, a county, or a municipality for
357357 operation and maintenance macadamized, graveled, or paved roads, or
358358 improvements, including storm drainage, in aid of those roads.
359359 Sec. 8325.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
360360 project must meet all applicable construction standards, zoning and
361361 subdivision requirements, and regulations of each municipality in
362362 whose corporate limits or extraterritorial jurisdiction the road
363363 project is located.
364364 (b) If a road project is not located in the corporate limits
365365 or extraterritorial jurisdiction of a municipality, the road
366366 project must meet all applicable construction standards,
367367 subdivision requirements, and regulations of each county in which
368368 the road project is located.
369369 (c) If the state will maintain and operate the road, the
370370 Texas Transportation Commission must approve the plans and
371371 specifications of the road project.
372372 Sec. 8325.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
373373 OR RESOLUTION. The district shall comply with all applicable
374374 requirements of any ordinance or resolution that is adopted before
375375 the effective date of the Act creating this chapter under Section
376376 54.016 or 54.0165, Water Code, and that consents to the creation of
377377 the district or to the inclusion of land in the district.
378378 Sec. 8325.106. SELECTION OF EXTRATERRITORIAL JURISDICTION.
379379 The board may not select the municipality that may exercise
380380 authority in the district as provided by Section 54.0163, Water
381381 Code, unless the City of Weatherford provides written consent to
382382 that selection.
383383 Sec. 8325.107. LIMITATION ON ANNEXATION OF LAND BY
384384 DISTRICT. Notwithstanding Section 54.016(d), Water Code, the
385385 district may not annex land that is located in the extraterritorial
386386 jurisdiction of a municipality unless the City of Weatherford
387387 provides written consent to that annexation.
388388 Sec. 8325.108. EFFECT OF ANNEXATION BY CITY OF WEATHERFORD.
389389 (a) The City of Weatherford may annex part of the territory of the
390390 district into its corporate limits without annexing all of the
391391 territory of the district under an agreement entered into before
392392 the effective date of the Act creating this chapter between the City
393393 of Weatherford and the landowners of the land being annexed. The
394394 district continues in existence following annexation of part of the
395395 territory of the district as described by this subsection.
396396 (b) The district shall be dissolved and its debts and
397397 obligations assumed by the City of Weatherford in accordance with
398398 Chapter 43, Local Government Code, including Sections 43.075 and
399399 43.0715, on annexation of all of the territory of the district by
400400 the City of Weatherford, provided that:
401401 (1) water, sanitary sewer, and drainage improvements,
402402 and roads have been constructed to serve at least 95 percent of the
403403 territory of the district; or
404404 (2) the board adopts a resolution consenting to the
405405 dissolution of the district.
406406 (c) If all of the territory of the district is annexed by the
407407 City of Weatherford but the conditions under Subsection (b) have
408408 not been met, the City of Weatherford may dissolve the district by
409409 resolution only on or after the 20th anniversary of the effective
410410 date of the Act creating this chapter.
411411 (d) Notwithstanding Section 54.016(f)(2), Water Code, a
412412 contract ("Allocation Agreement") between the City of Weatherford
413413 and the district that provides for the allocation of the taxes or
414414 revenues of the district and the city following the date of
415415 inclusion of all the district's territory in the corporate limits
416416 of the city, may provide that the total annual ad valorem taxes
417417 collected by the city and the district from taxable property in the
418418 district may exceed the city's ad valorem tax on the property.
419419 Sec. 8325.109. LIMITATION ON USE OF EMINENT DOMAIN. The
420420 district may not exercise the power of eminent domain outside the
421421 district to acquire a site or easement for:
422422 (1) a road project authorized by Section 8325.103; or
423423 (2) a recreational facility as defined by Section
424424 49.462, Water Code.
425425 Sec. 8325.110. DIVISION OF DISTRICT. (a) The district may
426426 be divided into two or more new districts only if the district:
427427 (1) has no outstanding bonded debt; and
428428 (2) is not imposing ad valorem taxes.
429429 (b) This chapter applies to any new district created by the
430430 division of the district, and a new district has all the powers and
431431 duties of the district.
432432 (c) Any new district created by the division of the district
433433 may not, at the time the new district is created:
434434 (1) contain any land outside the area described by
435435 Section 2(b) of the Act creating this chapter; or
436436 (2) contain less than 200 or more than 600 acres of
437437 land without the prior consent of any municipality in whose
438438 extraterritorial jurisdiction the district is located.
439439 (d) The board, on its own motion or on receipt of a petition
440440 signed by the owner or owners of a majority of the assessed value of
441441 the real property in the district, may adopt an order dividing the
442442 district.
443443 (e) The board may adopt an order dividing the district
444444 before or after the date the board holds an election under Section
445445 8325.003 to confirm the district's creation.
446446 (f) An order dividing the district shall:
447447 (1) name each new district;
448448 (2) include the metes and bounds description of the
449449 territory of each new district;
450450 (3) appoint temporary directors for each new district;
451451 and
452452 (4) provide for the division of assets and liabilities
453453 between or among the new districts.
454454 (g) On or before the 30th day after the date of adoption of
455455 an order dividing the district, the district shall file the order
456456 with the Texas Commission on Environmental Quality and record the
457457 order in the real property records of each county in which the
458458 district is located.
459459 (h) Any new district created by the division of the district
460460 shall hold a confirmation and directors' election as required by
461461 Section 8325.003.
462462 (i) Except as provided by Subsection (c), municipal consent
463463 to the creation of the district and to the inclusion of land in the
464464 district granted under Section 8325.004 acts as municipal consent
465465 to the creation of any new district created by the division of the
466466 district and to the inclusion of land in the new district.
467467 (j) Any new district created by the division of the district
468468 must hold an election as required by this chapter to obtain voter
469469 approval before the district may impose a maintenance tax or issue
470470 bonds payable wholly or partly from ad valorem taxes.
471471 [Sections 8325.111-8325.150 reserved for expansion]
472472 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
473473 Sec. 8325.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
474474 district may issue, without an election, bonds and other
475475 obligations secured by:
476476 (1) revenue other than ad valorem taxes; or
477477 (2) contract payments described by Section 8325.153.
478478 (b) The district must hold an election in the manner
479479 provided by Chapters 49 and 54, Water Code, to obtain voter approval
480480 before the district may impose an ad valorem tax or issue bonds
481481 payable from ad valorem taxes.
482482 (c) The district may not issue bonds payable from ad valorem
483483 taxes to finance a road project unless the issuance is approved by a
484484 vote of a two-thirds majority of the district voters voting at an
485485 election held for that purpose.
486486 Sec. 8325.152. OPERATION AND MAINTENANCE TAX. (a) If
487487 authorized at an election held under Section 8325.151, the district
488488 may impose an operation and maintenance tax on taxable property in
489489 the district in accordance with Section 49.107, Water Code.
490490 (b) The board shall determine the tax rate. The rate may not
491491 exceed the rate approved at the election.
492492 Sec. 8325.153. CONTRACT TAXES. (a) In accordance with
493493 Section 49.108, Water Code, the district may impose a tax other than
494494 an operation and maintenance tax and use the revenue derived from
495495 the tax to make payments under a contract after the provisions of
496496 the contract have been approved by a majority of the district voters
497497 voting at an election held for that purpose.
498498 (b) A contract approved by the district voters may contain a
499499 provision stating that the contract may be modified or amended by
500500 the board without further voter approval.
501501 [Sections 8325.154-8325.200 reserved for expansion]
502502 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
503503 Sec. 8325.201. AUTHORITY TO ISSUE BONDS AND OTHER
504504 OBLIGATIONS. The district may issue bonds or other obligations
505505 payable wholly or partly from ad valorem taxes, impact fees,
506506 revenue, contract payments, grants, or other district money, or any
507507 combination of those sources, to pay for any authorized district
508508 purpose.
509509 Sec. 8325.202. TAXES FOR BONDS. At the time the district
510510 issues bonds payable wholly or partly from ad valorem taxes, the
511511 board shall provide for the annual imposition of a continuing
512512 direct ad valorem tax, without limit as to rate or amount, while all
513513 or part of the bonds are outstanding as required and in the manner
514514 provided by Sections 54.601 and 54.602, Water Code.
515515 Sec. 8325.203. BONDS FOR ROAD PROJECTS. At the time of
516516 issuance, the total principal amount of bonds or other obligations
517517 issued or incurred to finance road projects and payable from ad
518518 valorem taxes may not exceed one-fourth of the assessed value of the
519519 real property in the district.
520520 SECTION 2. (a) The Lake Weatherford Municipal Utility
521521 District No. 1 initially includes all the territory contained in
522522 the following area:
523523 BEING a tract of land situated in the R.K. Hagood Survey,
524524 Abstract Number 677, Isaac Gorman Survey, Abstract Number 532, I.
525525 and G. N. R. R. Company Survey, Abstract Number 2007, C. Meyer
526526 Survey, Abstract Number 2032, J. P. Feld Survey, Abstract Number
527527 487, J. L. Edwards Survey, Abstract Number 416, T. Spain Survey,
528528 Abstract Number 2059, H. H. Dillard Survey, Abstract Number 378, M.
529529 H. Woods Survey, Abstract Number 2717 and B. R. Bailey Survey,
530530 Abstract Number 2275, Parker County, Texas, and being the same as
531531 described in deed to Therylene Knox Helm, Exhibit A-1 and A-2
532532 recorded in Book 1502, Page 750 of Deed Records, Parker County,
533533 Texas and being more particularly described by metes and bounds as
534534 follows;
535535 BEGINNING at the called southeast corner of the Wm. Baker Survey,
536536 Abstract Number 183 and the called southwest corner of said Hagood
537537 Survey, in the north line of said Isaac Gorman Survey;
538538 THENCE N 0011'41"E, 2216.98 feet;
539539 THENCE N 8825'44"E, 138.81 feet;
540540 THENCE S 8914'47"E, 661.20 feet;
541541 THENCE S 0415'38"W, 2175.04 feet;
542542 THENCE S 3218'44"E, 2400.79 feet;
543543 THENCE S 0023'36"W, 3763.79 feet;
544544 THENCE N 8814'09"W, 4888.60 feet;
545545 THENCE N 0009'53"W, 2443.55 feet;
546546 THENCE S 8804'56"W, 799.57 feet;
547547 THENCE S 8801'30"W, 488.50 feet;
548548 THENCE S 0107'00"W, 486.25 feet;
549549 THENCE S 8943'21"W, 337.20 feet;
550550 THENCE N 0346'53"W, 121.69 feet;
551551 THENCE N 0710'51"W, 145.28 feet;
552552 THENCE N 8139'17"E, 174.81 feet;
553553 THENCE N 2354'32"E, 78.61 feet;
554554 THENCE N 6350'34"W, 154.00 feet;
555555 THENCE N 0301'01"W, 96.53 feet;
556556 THENCE N 0756'40"E, 105.94 feet;
557557 THENCE N 0500'18"W, 136.66 feet;
558558 THENCE N 3018'41"E, 267.48 feet;
559559 THENCE N 6335'30"E, 109.05 feet;
560560 THENCE N 0933'01"E, 169.92 feet;
561561 THENCE S 8928'39"W, 1312.94 feet;
562562 THENCE S 0015'09"W, 774.18 feet;
563563 THENCE N 8946'20"W, 655.16 feet;
564564 THENCE N 3602'15"W, 1018.93 feet;
565565 THENCE N 6202'04"W, 698.36 feet;
566566 THENCE N 1137'15"W, 1181.55 feet;
567567 THENCE S 8913'30"W, 61.78 feet;
568568 THENCE N 0130'01"E, 3319.85 feet;
569569 THENCE N 8956'20"E, 2313.70 feet;
570570 THENCE S 0023'43"W, 2343.60 feet;
571571 THENCE S 8954'10"E, 1171.93 feet;
572572 THENCE S 0024'27"W, 520.13 feet;
573573 THENCE S 8944'53"E, 2654.23 feet;
574574 THENCE N 0026'35"W, 528.34 feet;
575575 THENCE S 8907'19"E, 1609.98 feet to the Point of Beginning and
576576 containing 45,910,099 square feet or 1054 acres of land more or
577577 less; SAVE AND EXCEPT
578578 BEING a tract of land situated in the Isaac Gorman Survey, Abstract
579579 Number 532, I. and G. N. R. R. Company Survey, Abstract Number 2007,
580580 C. Meyer Survey, Abstract Number 2032, J. P. Feld Survey, Abstract
581581 Number 487, Parker County, Texas, and being the same as described in
582582 deed to Therylene Knox Helm, Exhibit A-1 recorded in Book 1502, Page
583583 750 of Deed Records, Parker County, Texas and being more
584584 particularly described by metes and bounds as follows;
585585 BEGINNING at the southeast corner of said Helm tract, and the
586586 southwest corner of tract to Therylene Knox Helm, Exhibit A-1 of
587587 said deed;
588588 THENCE N 8814'09"W, 4488.37 with said south line;
589589 THENCE N 0010'05"W, 918.41 feet to a non-tangent curve to the
590590 right;
591591 THENCE with said non-tangent curve to the right, an arc distance of
592592 4146.90 feet, through a central angle of 9000'00", having a radius
593593 of 2640.00 feet, the long chord of which bears N 4506'41"E, 3733.52
594594 feet;
595595 THENCE S 8953'19"E, 1869.10 feet to a point in said east line;
596596 THENCE S 0023'36"W, 3687.90 feet with said east line to the Point of
597597 Beginning and containing 14,806,722 square feet or 340 acres of
598598 land more or less.
599599 (b) The Lake Weatherford Municipal Utility District No. 2
600600 initially includes all the territory contained in the following
601601 area:
602602 TRACT I
603603 FOR A TRACT OF LAND IN THE I. & G. N. R.R. COMPANY SURVEY, ABSTRACT
604604 NO. 2007, THE ISAAC GORMAN SURVEY, ABSTRACT NO. 532, THE R. K.
605605 HAGOOD SURVEY, ABSTRACT NO. 677, THE WM. BAKER SURVEY, ABSTRACT NO.
606606 128, THE R. L. WILSON SURVEY, ABSTRACT NO. 1680, THE S. W. MILLER
607607 SURVEY, ABSTRACT NO. 2595, THE L. O. AND B. L. BAKER SURVEY,
608608 ABSTRACT NO. 2280, THE H. T. & B. R.R. COMPANY SURVEY, NO. 15,
609609 ABSTRACT NO. 650, THE H. T. & B. R.R. COMPANY SURVEY, NO. 13,
610610 ABSTRACT NO. 649, THE WM., C. L. AND L. O. BAKER SURVEY, ABSTRACT
611611 NO. 2089 AND THE R. K. HAGOOD SURVEY, ABSTRACT NO. 2310, ALL
612612 SITUATED IN PARKER COUNTY, TEXAS, AND BEING MORE PARTICULARLY
613613 DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
614614 COMMENCE at an iron found at the occupied Northwest corner of the R.
615615 K. Hagood Survey, Abstract No. 677, above referenced, thence N. 88
616616 - 25' - 44" E. 138.81 feet with the general course of a fence line to
617617 an iron to be set in concrete in the Southerly line of a road for the
618618 POINTOFBEGINNING of the herein described tract;
619619 THENCE N. 0 - 55' - 13" E. 3986.73 feet with the general course of a
620620 fence line to a fence corner post;
621621 THENCE N. 88 - 00' - 51" W. 112.57 feet with the general course of a
622622 fence line to a fence corner post;
623623 THENCE N. 0 - 32' - 15'" E. 816.08 feet with the general course of a
624624 fence line to an iron to be set in concrete, said point being at the
625625 Southerly terminus of the centerline of an easement as described in
626626 a Grant of Easement and Right of Way, of record in Volume 1191, Page
627627 1250, Deed Records, Parker County, Texas;
628628 THENCE S. 88 - 51' - 28" E. 2339.16 feet to an iron to be set in
629629 concrete for corner;
630630 THENCE S. 47 - 29' - 58" E. 1196.65 feet to an iron to be set in
631631 concrete for corner;
632632 THENCE S. 15 - 00' - 00" E. 800.0 feet to an iron to be set in
633633 concrete for corner;
634634 THENCE S. 89 - 59' - 06" E. to and along a fence line 5753.38 feet to
635635 an iron to be set in concrete for corner;
636636 THENCE S. 31 - 38' - 21" E. 1134.23 feet to an iron to be set in
637637 concrete for corner;
638638 THENCE S. 69 - 08' - 44" E. 1123.61 feet to an iron to be set in
639639 concrete for corner;
640640 THENCE N. 85 - 01' - 49" E. 1154.34 feet to an iron to be set in
641641 concrete for corner;
642642 THENCE S. 18 - 26' - 06" W. 1264.91 feet to an iron to be set in
643643 concrete for corner;
644644 THENCE S. 19 - 42' - 58" E. 579.60 feet to an iron to be set in
645645 concrete for corner;
646646 THENCE N. 89 - 44' - 56" W. 6013.94 feet to an iron to be set in
647647 concrete in a road for corner;
648648 THENCE S. 0 - 15' - 04" W. 4782.22 feet with the Easterly line of
649649 said road to an iron to be set in concrete for corner;
650650 THENCE N. 89 - 53' - 19" W. 2707.47 feet to a fence corner post for
651651 corner;
652652 THENCE S. 0 - 11' - 54" W. 2958.55 feet with the general course of a
653653 fence line to a concrete monument found at the Northeast corner of a
654654 tract described in a deed to Brazos Electric Cooperative Inc. of
655655 record in Volume 370, Page 616, Deed Records, Parker County, Texas;
656656 THENCE S. 89 - 52' - 30" W. 207.99 feet along the North line of same
657657 to a concrete monument found for corner;
658658 THENCE S. 0 - 07' - 17" E. 316.07 feet to a concrete monument found
659659 for corner;
660660 THENCE N. 43 - 54' - 25" E. 298.44 feet to an iron found at fence
661661 corner;
662662 THENCE S. 0 - 11' - 54" W. 363.0 feet to an iron for corner;
663663 THENCE N. 88 - 14' - 09" W. to and along White Settlement Road
664664 1220.50 feet to a point in same and from which said point an iron to
665665 be set in concrete in the Northerly fence line of said White
666666 Settlement Road bears N. 0 - 23' - 36" E. 48.47 feet;
667667 THENCE N. 0 - 23' - 36" E. 3763.79 feet to an iron to be set in
668668 concrete for corner;
669669 THENCE N. 32 - 18' - 44" W. 2400.79 feet to an iron to be set in
670670 concrete;
671671 THENCE N. 4 - 15' - 38" E. 2175.04 feet to an iron to be set in
672672 concrete in the Southerly fence line of a road;
673673 THENCE N. 89 - 14' - 47" W. 661.20 feet to the POINT OF BEGINNING and
674674 containing 1471.809 acres.
675675 SAVE AND EXCEPT:
676676 BEING a tract of land situated in the Isaac Gorman Survey, Abstract
677677 Number 532, I. & G. N. R. R. Co. Survey, Abstract Number 2007, H.T. &
678678 B. R. R. Co. Survey, No. 15, Abstract Number 650, Parker County,
679679 Texas, and being the same as described in deed to Therylene Knox
680680 Helm, Exhibit A-2 recorded in Book 1502, Page 750 of Deed Records,
681681 Parker County, Texas and being more particularly described by metes
682682 and bounds as follows;
683683 BEGINNING at the southwest corner of said Helm tract, and the
684684 southeast corner of tract to Therylene Knox Helm, Exhibit A-1 of
685685 said deed;
686686 THENCE N 0023'36"E, 3687.90 feet;
687687 THENCE S 8953'19"E, 3915.24 feet;
688688 THENCE S 0015'04"W, 300.00 feet;
689689 THENCE N 8953'19"W, 2707.47 feet;
690690 THENCE S 0011'54"W, 2958.55 feet;
691691 THENCE S 8952'30"W, 207.99 feet;
692692 THENCE S 0007'17"E, 316.07 feet;
693693 THENCE N 4354'25"E, 298.44 feet;
694694 THENCE S 0011'54"W, 363.00 feet;
695695 THENCE N 8814'09"W, 1220.50 feet to the Point of Beginning and
696696 containing 5,266,636 square feet or 121 acres of land more or less.
697697 TRACT II
698698 77.10 Acres situated in and being a portion of the John Snyder
699699 Survey, Abstract No. 1169, Parker County, Texas and being all that
700700 certain 77.10 Acre Lot, Tract or Parcel of land conveyed to M.L.W.
701701 DEVELOPMENT, LLC by deed recorded in Volume 2099, Page 1279, Deed
702702 Records, Parker County, Texas and being more particularly described
703703 by metes and bounds as follows:
704704 BEGINNING at an iron rod found in Ragle Road at the southeast corner
705705 of a tract of land conveyed to Clear Fork Baptist Church by deed
706706 recorded in Volume 60, Page 18, Deed Records, Parker County, Texas,
707707 said iron being called by deed to be South, 415.0 feet from the
708708 northeast corner of said John Snyder Survey;
709709 THENCE South 01 degrees 11 minutes 00 seconds West, with said Ragle
710710 Road, 1252.65 feet to an iron rod set;
711711 THENCE North 89 degrees 25 minutes 00 seconds West, 2086.73 feet to
712712 an iron rod set in a dry ravine;
713713 THENCE with the meanders of said dry ravine the following courses
714714 and distances;
715715 North 00 degrees 02 minutes 25 seconds West 405.97 feet to a point;
716716 North 05 degrees 43 minutes 25 seconds West 787.30 feet to a point;
717717 North 17 degrees 49 minutes 35 seconds West 325.59 feet to an iron
718718 rod set in said ravine and the south right of way line of Farm to
719719 Market Highway No. 730 in a non-tangent curve to the right with a
720720 radius of 1859.86 feet and whose chord bears North 79 degrees 09
721721 minutes 23 seconds East, 726.34 feet;
722722 THENCE with the south right of way line of said Farm to Market
723723 Highway No. 730 and said curve to the right through a central angle
724724 of 22 degrees 31 minutes 14 seconds and a distance of 731.03 feet to
725725 an iron rod found;
726726 THENCE South 89 degrees 35 minutes 00 seconds East, continuing with
727727 the south right of way line of said Farm to Market Highway No. 730,
728728 1175.17 feet to an iron rod found at the northwest corner of said
729729 Clear Fork Baptist Church;
730730 THENCE South 00 degrees 24 minutes 30 seconds West, on or about a
731731 fence line and the west line of said Clear Fork Baptist Church,
732732 393.33 feet to an iron rod found;
733733 THENCE South 89 degrees 35 minutes 00 seconds East, on or about a
734734 fence line and the south line of said Clear Fork Baptist Church,
735735 405.27 feet to the POINT OF BEGINNING and containing 77.10 acres.
736736 SECTION 3. (a) The legal notice of the intention to
737737 introduce this Act, setting forth the general substance of this
738738 Act, has been published as provided by law, and the notice and a
739739 copy of this Act have been furnished to all persons, agencies,
740740 officials, or entities to which they are required to be furnished
741741 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
742742 Government Code.
743743 (b) The governor, one of the required recipients, has
744744 submitted the notice and Act to the Texas Commission on
745745 Environmental Quality.
746746 (c) The Texas Commission on Environmental Quality has filed
747747 its recommendations relating to this Act with the governor, the
748748 lieutenant governor, and the speaker of the house of
749749 representatives within the required time.
750750 (d) All requirements of the constitution and laws of this
751751 state and the rules and procedures of the legislature with respect
752752 to the notice, introduction, and passage of this Act are fulfilled
753753 and accomplished.
754754 SECTION 4. This Act takes effect immediately if it receives
755755 a vote of two-thirds of all the members elected to each house, as
756756 provided by Section 39, Article III, Texas Constitution. If this
757757 Act does not receive the vote necessary for immediate effect, this
758758 Act takes effect September 1, 2009.
759759 ______________________________ ______________________________
760760 President of the Senate Speaker of the House
761761 I certify that H.B. No. 4698 was passed by the House on May
762762 15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
763763 voting.
764764 ______________________________
765765 Chief Clerk of the House
766766 I certify that H.B. No. 4698 was passed by the Senate on May
767767 27, 2009, by the following vote: Yeas 31, Nays 0.
768768 ______________________________
769769 Secretary of the Senate
770770 APPROVED: _____________________
771771 Date
772772 _____________________
773773 Governor