H.B. No. 4803
AN ACT
relating to the creation of the South Fork Ranch Municipal Utility
District; providing authority to impose a tax and issue bonds;
granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8345 to read as follows:
CHAPTER 8345. SOUTH FORK RANCH MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8345.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the South Fork Ranch Municipal
Utility District.
Sec. 8345.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8345.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8345.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8345.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8345.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, or improvement of
macadamized, graveled, or paved roads described by Section 54.234,
Water Code, or improvements, including storm drainage, in aid of
those roads.
Sec. 8345.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 8345.007-8345.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8345.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8345.052, directors serve
staggered four-year terms.
Sec. 8345.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Nyle Maxwell;
(2) John Avery;
(3) Charles Avery;
(4) Joseph Rutledge; and
(5) Troy Lawson.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8345.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 8345.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8345.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the 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.
[Sections 8345.053-8345.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8345.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8345.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8345.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may not exercise the powers provided by
this section unless the district submits a petition to and obtains
approval from the Texas Commission on Environmental Quality as
required by Section 54.234, Water Code.
Sec. 8345.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8345.103
unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) The district may not design, acquire, construct,
finance, issue bonds for, improve, or convey a road project unless
the district obtains approval from the Texas Transportation
Commission.
Sec. 8345.105. STREET REPAIR AND MAINTENANCE. (a) After
the 10th anniversary of the effective date of the Act creating this
chapter, the district, at the district's expense, shall repair and
maintain the streets in the district.
(b) A district's repair and maintenance of a street under
this section must meet all applicable construction standards and
regulations of Williamson County.
Sec. 8345.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Sec. 8345.107. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8345.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8345.108-8345.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8345.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8345.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8345.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8345.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8345.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 8345.154-8345.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8345.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8345.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8345.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The South Fork Ranch Municipal Utility District
initially includes all the territory contained in the following
area:
DESCRIPTION, PREPARED FROM PUBLIC RECORD INFORMATION, OF
164.96 ACRES OF LAND OUT OF THE JOHN THOMAS SURVEY, ABSTRACT NO.
610, IN WILLIAMSON COUNTY, TEXAS; SAID 164.96 ACRES BEING CONVEYED
TO MAXWELL INVESTMENTS, INC. BY T. NYLE MAXWELL, JR. AND WIFE, NANCY
MAXWELL IN DOCUMENT NO. 2002036162, OFFICIAL PUBLIC RECORDS OF
WILLIAMSON COUNTY, TEXAS, (OPRWCT); OWNERSHIP TO THE NOW MAXWELL
INVESTMENTS, L.C. 164.96 ACRE TRACT IS AS FOLLOWS:
1) 25% RETAINED BY T. NYLE MAXWELL, JR AND WIFE, NANCY
MAXWELL
2) 20% CONVEYED TO JIM BOLES IN DOCUMENT NO. 2006072098. AN
ADDITIONAL 5% CONVEYED TO JIM BOLES IN DOCUMENT NO. 2007054616
(FROM JOHN LEWIS - SEE #3 BELOW)
3) 30% CONVEYED TO JOHN LEWIS IN DOCUMENT NO. 2006072100,
LESS 5% CONVEYED TO JIM BOLES IN DOCUMENT NO. 2007054616 (SEE #2
ABOVE)
4) 25% CONVEYED TO ROBERT D. WUNSCH IN DOCUMENT NO.
2007054615
THE SAID 164.96 ACRES BEING MORE PARTICULARLY DESCRIBED, BY
METES AND BOUNDS, AS FOLLOWS:
BEGINNING on the north line of called County Road No. 101 at
the southeast corner of the said 164.96 acre tract, same being the
southeast corner hereof, also being the southwest corner of a 147
acre tract conveyed to Evelyn M. Vittek, Trustee in Document No.
2007087054, OPRWCT;
THENCE along the south line of said 164.96 acre tract, same
being the north line of said County Road No. 101, S7058'30"W,
1246.43 feet, to a point on the west line of said County Road No.
101, for an ell corner;
THENCE continuing along the south line of said 164.96 acre
tract, same being the west line of said County Road No. 101,
S1411'E, 24.52 feet to a point on or near the south line of the said
John Thomas Survey for an ell corner, same being in the north line
of a 106.55 acre tract conveyed to Walter G. Krueger by Document No.
1998044003, OPRWCT;
THENCE continuing along the south line of said 164.96 acre
tract, same being the said north line of the 106.55 acre tract, also
being along the north line of a 52.025 acre tract conveyed to
Simmons Austin, L.L.C. by Document No. 2006078801, OPRWCT,
S7119'W, 1409.23 feet to the southwest corner of the said 164.96
acre tract, same being the southwest corner hereof, also being the
southeast corner of a 240.72 acre tract conveyed to Dwayne Krueger
and wife, Nicki S. Krueger in Document No. 1997053672, OPRWCT;
THENCE, departing the said common line between the 164.96
acre tract and the said 52.025 acre tract, along the common line
between the 164.96 acre tract and the said 240.72 acre tract,
N1810'30"W, 2748.34 feet to the northwest corner of the said 164.96
acre tract, same being the northwest corner hereof, also being the
southwest corner of a remainder portion of a called 178.4 acre tract
conveyed to Edgar D. Olson and Edna L (Harris) Billings in Volume
504, Page 33, Deed Records of Williamson County, Texas (DRWCT)
THENCE, along the said common line between the 164.96 acre
tract and the said 178.4 acre tract, N7059'E, 2582.48 feet to the
northeast corner of the said 164.96 acre tract, same being the
northeast corner hereof, also being the southeast corner of said
178.4 acre tract, also being in the west line of the said 147 acre
tract;
THENCE, departing the 178.4 acre tract, along the common line
between the 164.96 acre tract and the said 147 acre tract, S1945'E,
2731.91 feet to the POINT OF BEGINNING, and containing 164.96 acres
of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. 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, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4803 was passed by the House on May
15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4803 was passed by the Senate on May
27, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor