S.B. No. 2410
AN ACT
relating to the creation of the Twin Lakes Municipal Utility
District No. 1 of Kaufman County; 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 8310 to read as follows:
CHAPTER 8310. TWIN LAKES MUNICIPAL UTILITY DISTRICT NO. 1 OF
KAUFMAN COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8310.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Twin Lakes Municipal Utility
District No. 1 of Kaufman County.
Sec. 8310.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8310.003. 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. 8310.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8310.003
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. 8310.005. 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, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8310.006. 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 8310.007-8310.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8310.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8310.052, directors serve
staggered four-year terms.
Sec. 8310.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Lisa Pray;
(2) Ruth (Rannie) Everett;
(3) Christopher T. Guido;
(4) Jonathan E. Neubauer; and
(5) Joy D. Crow.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8310.003; 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 8310.003 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 8310.003; 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 8310.053-8310.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8310.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8310.102. 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. 8310.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8310.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8310.105. 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. 8310.106. 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 8310.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
Sec. 8310.107. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any 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 creating this
chapter.
(d) 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.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8310.003 to confirm the district's creation.
(f) An order dividing the district shall:
(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 or among the new districts.
(g) 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.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8310.003.
(i) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
8310.004 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.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
[Sections 8310.108-8310.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8310.151. 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 8310.153.
(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. 8310.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8310.151, 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. 8310.153. 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 8310.154-8310.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8310.201. 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. 8310.202. 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. 8310.203. 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 Twin Lakes Municipal Utility District No. 1
of Kaufman County initially includes all the territory contained in
the following area:
Being a tract of land situated in the Philip Walker Survey,
Abstract No. 569, Kaufman County, Texas and being a portion of that
certain tract of land described in deed to McDowell Clan Limited
Company as recorded in Volume 1648, Page 39, in the Deed Records of
Kaufman County, Texas and being a portion of that certain tract of
land described in deed to Integra Land Company as recorded in
Article 7258, Book 2174, Page 639, in the Deed Records of Kaufman
County, Texas being more particularly described by metes and bounds
as follows:
BEGINNING at the South corner of said McDowell Clan Limited
Company tract, the northwesterly right-of-way line of F.M. 2728
(100' Right Of Way) and the centerline of County Road Number 139
(60' Right Of Way);
THENCE North 44 42' 03" West, along the centerline of said
County Road 139, a distance of 5,402.72', more or less to a point
for corner in the east line of the extraterritorial jurisdiction
line of the City of Oak Ridge;
THENCE North 1119'07" East, along the east line of said City
of Oak Ridge extraterritorial jurisdiction limits, a distance of
2,834.58', more or less, to a point for corner in the southeasterly
line of a tract described in deed to Annie Allen recorded in Volume
541, Page 646, in the Deed Records of Kaufman County, Texas.
THENCE North 45 20' 59" East, along the southeasterly line of
said Annie Allen tract, a distance of 1,417.30', more or less, to a
point for corner, said point also being the West corner of said
Integra Land Company tract;
THENCE North 45 20' 59" East, along Northwest line of said
Integra Land Company tract a distance of 3755.10' to a point for
corner being in the centerline of Abner Road (60' Right Of Way);
THENCE South 44 41' 37" East, along the centerline of said
Abner Road, a distance of 287.01' to a point for corner, said point
also being the North corner of Lot 101, Lago Vista Estates, Phase 2,
an addition in Kaufman County, recorded in Cabinet 2, Slide 556 in
the Plat Records of Kaufman County, Texas;
THENCE South 4810'08" West along the north boundary line of
said Lot 101 a distance of 380.47 feet to a point for corner;
THENCE South 44 41' 37" East along Northeast line of said
Integra Land Company tract a distance of 2004.30' to a point for
corner;
THENCE North 45 18' 23" East a distance of 380.00' to a point
for corner, in the centerline of said Abner Road;
THENCE South 44 41' 37" East, along the centerline of said
Abner Road, a distance of 60.00' to a point for corner;
THENCE South 45 18' 23" West a distance of 380.00' to a point
for corner;
THENCE South 44 41' 37" East, along southwest line of said
Lago Vista Estates, Phase One distance of 2205.95' to a point for
corner;
THENCE North 45 18' 23" East, a distance of 80.00' to a point
for corner;
THENCE North 41 29' 32" East, a distance of 150.33' to a point
for corner;
THENCE North 45 18' 23" East, a distance of 150.00' to a point
for corner, in the centerline of the aforementioned Abner Road;
THENCE South 44 41' 37" East, along the centerline of said
Abner Road, a distance of 80.00' to a point for corner;
THENCE South 45 18' 23" West, a distance of 150.00' to a point
for corner;
THENCE South 49 07' 14" West, a distance of 150.33' to a point
for corner;
THENCE South 45 18' 23" West, a distance of 80.00' to a point
for corner;
THENCE South 44 41' 37" East, a distance of 1798.38 to a point
for corner;
THENCE North 45 18' 23" East, a distance of 380.00' to a point
for corner in the centerline of the aforementioned Abner Road;
THENCE South 44 41' 37" East, along the centerline of said
Abner Road, a distance of 222.91' to a point for corner;
THENCE South 06 24' 39" West, a distance of 102.99' to a point
for corner at the beginning of a curve to the right having a central
angle of 25 01' 28", a radius of 1393.19', and a chord bearing and
distance of South 18 54' 05" West, 603.66';
THENCE along said curve to the right and along the centerline
of the aforementioned FM 2728, an arc distance of 608.48' to a point
for corner at the end of said curve;
THENCE North 66 30' 28" West, a distance of 366.11' to a point
for corner;
THENCE South 45 21' 30" West, a distance of 1907.40' to a
point for corner;
THENCE South 44 38' 25" East, a distance of 380.39' to a point
for corner, on the northwesterly right-of-way line of said FM 2728;
THENCE South 45 09' 31" West, along the northwesterly
right-of-way line of FM 2728 a distance of 60.00' to a point for
corner;
THENCE North 44 38' 26" West, a distance of 380.60' to a point
for corner;
THENCE South 45 20' 08" West, a distance of 1,029.99' to a
point for corner;
THENCE South 44 42' 03" East, a distance of 383.85' to a point
for corner;
THENCE South 45 09' 31" West, along northwest right of way
line of said F.M. 2728 a distance of 425.38' to a point for corner;
THENCE South 45 30' 39" West, along the northwesterly
right-of-way line of FM 2728, a distance of 2113.60' to a point for
corner;
THENCE South 45 31' 34" West, along the northwesterly
right-of-way line of FM 2728, a distance of 799.26' to a point for
corner;
THENCE South 45 29' 50" West, along the northwesterly
right-of-way line of FM 2728, a distance of 429.60 to the POINT OF
BEGINNING of the herein described tract, and containing 1,084.0
acres of land, more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, 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 hereby certify that S.B. No. 2410 passed the Senate on
April 30, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2410 passed the House on
May 25, 2009, by the following vote: Yeas 144, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor