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Texas Senate Bill SB2488

Texas 2009 - 81st Regular

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11 By: Estes S.B. No. 2488
22 (In the Senate - Filed April 1, 2009; April 6, 2009, read
33 first time and referred to Committee on Intergovernmental
44 Relations; May 7, 2009, reported favorably by the following vote:
55 Yeas 5, Nays 0; May 7, 2009, sent to printer.)
66
77
88 A BILL TO BE ENTITLED
99 AN ACT
1010 relating to the creation of the Lake Weatherford Municipal Utility
1111 Districts Nos. 1 and 2; providing authority to impose a tax and
1212 issue bonds; granting a limited power of eminent domain.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1515 Code, is amended by adding Chapters 8324 and 8325 to read as
1616 follows:
1717 CHAPTER 8324. LAKE WEATHERFORD MUNICIPAL UTILITY DISTRICT NO. 1
1818 SUBCHAPTER A. GENERAL PROVISIONS
1919 Sec. 8324.001. DEFINITIONS. In this chapter:
2020 (1) "Board" means the district's board of directors.
2121 (2) "Director" means a board member.
2222 (3) "District" means the Lake Weatherford Municipal
2323 Utility District No. 1.
2424 Sec. 8324.002. NATURE OF DISTRICT. The district is a
2525 municipal utility district created under Section 59, Article XVI,
2626 Texas Constitution.
2727 Sec. 8324.003. CONFIRMATION AND DIRECTORS' ELECTION
2828 REQUIRED. The temporary directors shall hold an election to
2929 confirm the creation of the district and to elect five permanent
3030 directors as provided by Section 49.102, Water Code.
3131 Sec. 8324.004. CONSENT OF MUNICIPALITY REQUIRED. The
3232 temporary directors may not hold an election under Section 8324.003
3333 until each municipality in whose corporate limits or
3434 extraterritorial jurisdiction the district is located has
3535 consented by ordinance or resolution to the creation of the
3636 district and to the inclusion of land in the district.
3737 Sec. 8324.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3838 (a) The district is created to serve a public purpose and benefit.
3939 (b) The district is created to accomplish the purposes of:
4040 (1) a municipal utility district as provided by
4141 general law and Section 59, Article XVI, Texas Constitution; and
4242 (2) Section 52, Article III, Texas Constitution, that
4343 relate to the construction, acquisition, improvement, operation,
4444 or maintenance of macadamized, graveled, or paved roads, or
4545 improvements, including storm drainage, in aid of those roads.
4646 Sec. 8324.006. INITIAL DISTRICT TERRITORY. (a) The
4747 district is initially composed of the territory described by
4848 Section 2(a) of the Act creating this chapter.
4949 (b) The boundaries and field notes contained in Section 2(a)
5050 of the Act creating this chapter form a closure. A mistake made in
5151 the field notes or in copying the field notes in the legislative
5252 process does not affect the district's:
5353 (1) organization, existence, or validity;
5454 (2) right to issue any type of bond for the purposes
5555 for which the district is created or to pay the principal of and
5656 interest on a bond;
5757 (3) right to impose a tax; or
5858 (4) legality or operation.
5959 [Sections 8324.007-8324.050 reserved for expansion]
6060 SUBCHAPTER B. BOARD OF DIRECTORS
6161 Sec. 8324.051. GOVERNING BODY; TERMS. (a) The district is
6262 governed by a board of five elected directors.
6363 (b) Except as provided by Section 8324.052, directors serve
6464 staggered four-year terms.
6565 Sec. 8324.052. TEMPORARY DIRECTORS. (a) On or after the
6666 effective date of the Act creating this chapter, the owner or owners
6767 of a majority of the assessed value of the real property in the
6868 district may submit a petition to the Texas Commission on
6969 Environmental Quality requesting that the commission appoint as
7070 temporary directors the five persons named in the petition. The
7171 commission shall appoint as temporary directors the five persons
7272 named in the petition.
7373 (b) Temporary directors serve until the earlier of:
7474 (1) the date permanent directors are elected under
7575 Section 8324.003; or
7676 (2) the fourth anniversary of the effective date of
7777 the Act creating this chapter.
7878 (c) If permanent directors have not been elected under
7979 Section 8324.003 and the terms of the temporary directors have
8080 expired, successor temporary directors shall be appointed or
8181 reappointed as provided by Subsection (d) to serve terms that
8282 expire on the earlier of:
8383 (1) the date permanent directors are elected under
8484 Section 8324.003; or
8585 (2) the fourth anniversary of the date of the
8686 appointment or reappointment.
8787 (d) If Subsection (c) applies, the owner or owners of a
8888 majority of the assessed value of the real property in the district
8989 may submit a petition to the Texas Commission on Environmental
9090 Quality requesting that the commission appoint as successor
9191 temporary directors the five persons named in the petition. The
9292 commission shall appoint as successor temporary directors the five
9393 persons named in the petition.
9494 [Sections 8324.053-8324.100 reserved for expansion]
9595 SUBCHAPTER C. POWERS AND DUTIES
9696 Sec. 8324.101. GENERAL POWERS AND DUTIES. The district has
9797 the powers and duties necessary to accomplish the purposes for
9898 which the district is created.
9999 Sec. 8324.102. MUNICIPAL UTILITY DISTRICT POWERS AND
100100 DUTIES. The district has the powers and duties provided by the
101101 general law of this state, including Chapters 49 and 54, Water Code,
102102 applicable to municipal utility districts created under Section 59,
103103 Article XVI, Texas Constitution.
104104 Sec. 8324.103. AUTHORITY FOR ROAD PROJECTS. Under Section
105105 52, Article III, Texas Constitution, the district may design,
106106 acquire, construct, finance, issue bonds for, improve, operate,
107107 maintain, and convey to this state, a county, or a municipality for
108108 operation and maintenance macadamized, graveled, or paved roads, or
109109 improvements, including storm drainage, in aid of those roads.
110110 Sec. 8324.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
111111 road project must meet all applicable construction standards,
112112 zoning and subdivision requirements, and regulations of each
113113 municipality in whose corporate limits or extraterritorial
114114 jurisdiction the road project is located.
115115 (b) If a road project is not located in the corporate limits
116116 or extraterritorial jurisdiction of a municipality, the road
117117 project must meet all applicable construction standards,
118118 subdivision requirements, and regulations of each county in which
119119 the road project is located.
120120 (c) If the state will maintain and operate the road, the
121121 Texas Transportation Commission must approve the plans and
122122 specifications of the road project.
123123 Sec. 8324.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
124124 OR RESOLUTION. The district shall comply with all applicable
125125 requirements of any ordinance or resolution that is adopted before
126126 the effective date of the Act creating this chapter under Section
127127 54.016 or 54.0165, Water Code, and that consents to the creation of
128128 the district or to the inclusion of land in the district.
129129 Sec. 8324.106. SELECTION OF EXTRATERRITORIAL JURISDICTION.
130130 The board may not select the municipality that may exercise
131131 authority in the district as provided by Section 54.0163, Water
132132 Code, unless the City of Weatherford provides written consent to
133133 that selection.
134134 Sec. 8324.107. LIMITATION ON ANNEXATION OF LAND BY
135135 DISTRICT. Notwithstanding Section 54.016(d), Water Code, the
136136 district may not annex land that is located in the extraterritorial
137137 jurisdiction of a municipality unless the City of Weatherford
138138 provides written consent to that annexation.
139139 Sec. 8324.108. EFFECT OF ANNEXATION BY CITY OF WEATHERFORD.
140140 (a) The City of Weatherford may annex part of the territory of the
141141 district into its corporate limits without annexing all of the
142142 territory of the district under an agreement entered into before
143143 the effective date of the Act creating this chapter between the City
144144 of Weatherford and the landowners of the land being annexed. The
145145 district continues in existence following annexation of part of the
146146 territory of the district as described by this subsection.
147147 (b) The district shall be dissolved and its debts and
148148 obligations assumed by the City of Weatherford in accordance with
149149 Chapter 43, Local Government Code, including Sections 43.075 and
150150 43.0715, on annexation of all of the territory of the district by
151151 the City of Weatherford, provided that:
152152 (1) water, sanitary sewer, and drainage improvements,
153153 and roads have been constructed to serve at least 95 percent of the
154154 territory of the district; or
155155 (2) the board adopts a resolution consenting to the
156156 dissolution of the district.
157157 (c) If all of the territory of the district is annexed by the
158158 City of Weatherford but the conditions under Subsection (b) have
159159 not been met, the City of Weatherford may dissolve the district by
160160 resolution only on or after the 20th anniversary of the effective
161161 date of the Act creating this chapter.
162162 (d) Notwithstanding Section 54.016(f)(2), Water Code, a
163163 contract ("allocation agreement") between the City of Weatherford
164164 and the district that provides for the allocation of the taxes or
165165 revenues of the district and the city following the date of
166166 inclusion of all the district's territory in the corporate limits
167167 of the city, may provide that the total annual ad valorem taxes
168168 collected by the city and the district from taxable property in the
169169 district may exceed the city's ad valorem tax on the property.
170170 Sec. 8324.109. LIMITATION ON USE OF EMINENT DOMAIN. The
171171 district may not exercise the power of eminent domain outside the
172172 district to acquire a site or easement for:
173173 (1) a road project authorized by Section 8324.103; or
174174 (2) a recreational facility as defined by Section
175175 49.462, Water Code.
176176 Sec. 8324.110. DIVISION OF DISTRICT. (a) The district may
177177 be divided into two or more new districts only if the district:
178178 (1) has no outstanding bonded debt; and
179179 (2) is not imposing ad valorem taxes.
180180 (b) This chapter applies to any new district created by the
181181 division of the district, and a new district has all the powers and
182182 duties of the district.
183183 (c) Any new district created by the division of the district
184184 may not, at the time the new district is created:
185185 (1) contain any land outside the area described by
186186 Section 2(a) of the Act creating this chapter; or
187187 (2) contain less than 200 or more than 600 acres of
188188 land without the prior consent of any municipality in whose
189189 extraterritorial jurisdiction the district is located.
190190 (d) The board, on its own motion or on receipt of a petition
191191 signed by the owner or owners of a majority of the assessed value of
192192 the real property in the district, may adopt an order dividing the
193193 district.
194194 (e) The board may adopt an order dividing the district
195195 before or after the date the board holds an election under Section
196196 8324.003 to confirm the district's creation.
197197 (f) An order dividing the district shall:
198198 (1) name each new district;
199199 (2) include the metes and bounds description of the
200200 territory of each new district;
201201 (3) appoint temporary directors for each new district;
202202 and
203203 (4) provide for the division of assets and liabilities
204204 between or among the new districts.
205205 (g) On or before the 30th day after the date of adoption of
206206 an order dividing the district, the district shall file the order
207207 with the Texas Commission on Environmental Quality and record the
208208 order in the real property records of each county in which the
209209 district is located.
210210 (h) Any new district created by the division of the district
211211 shall hold a confirmation and directors' election as required by
212212 Section 8324.003.
213213 (i) Except as provided by Subsection (c), municipal consent
214214 to the creation of the district and to the inclusion of land in the
215215 district granted under Section 8324.004 acts as municipal consent
216216 to the creation of any new district created by the division of the
217217 district and to the inclusion of land in the new district.
218218 (j) Any new district created by the division of the district
219219 must hold an election as required by this chapter to obtain voter
220220 approval before the district may impose a maintenance tax or issue
221221 bonds payable wholly or partly from ad valorem taxes.
222222 [Sections 8324.111-8324.150 reserved for expansion]
223223 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
224224 Sec. 8324.151. ELECTIONS REGARDING TAXES OR BONDS.
225225 (a) The district may issue, without an election, bonds and other
226226 obligations secured by:
227227 (1) revenue other than ad valorem taxes; or
228228 (2) contract payments described by Section 8324.153.
229229 (b) The district must hold an election in the manner
230230 provided by Chapters 49 and 54, Water Code, to obtain voter approval
231231 before the district may impose an ad valorem tax or issue bonds
232232 payable from ad valorem taxes.
233233 (c) The district may not issue bonds payable from ad valorem
234234 taxes to finance a road project unless the issuance is approved by a
235235 vote of a two-thirds majority of the district voters voting at an
236236 election held for that purpose.
237237 Sec. 8324.152. OPERATION AND MAINTENANCE TAX. (a) If
238238 authorized at an election held under Section 8324.151, the district
239239 may impose an operation and maintenance tax on taxable property in
240240 the district in accordance with Section 49.107, Water Code.
241241 (b) The board shall determine the tax rate. The rate may not
242242 exceed the rate approved at the election.
243243 Sec. 8324.153. CONTRACT TAXES. (a) In accordance with
244244 Section 49.108, Water Code, the district may impose a tax other than
245245 an operation and maintenance tax and use the revenue derived from
246246 the tax to make payments under a contract after the provisions of
247247 the contract have been approved by a majority of the district voters
248248 voting at an election held for that purpose.
249249 (b) A contract approved by the district voters may contain a
250250 provision stating that the contract may be modified or amended by
251251 the board without further voter approval.
252252 [Sections 8324.154-8324.200 reserved for expansion]
253253 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
254254 Sec. 8324.201. AUTHORITY TO ISSUE BONDS AND OTHER
255255 OBLIGATIONS. The district may issue bonds or other obligations
256256 payable wholly or partly from ad valorem taxes, impact fees,
257257 revenue, contract payments, grants, or other district money, or any
258258 combination of those sources, to pay for any authorized district
259259 purpose.
260260 Sec. 8324.202. TAXES FOR BONDS. At the time the district
261261 issues bonds payable wholly or partly from ad valorem taxes, the
262262 board shall provide for the annual imposition of a continuing
263263 direct ad valorem tax, without limit as to rate or amount, while all
264264 or part of the bonds are outstanding as required and in the manner
265265 provided by Sections 54.601 and 54.602, Water Code.
266266 Sec. 8324.203. BONDS FOR ROAD PROJECTS. At the time of
267267 issuance, the total principal amount of bonds or other obligations
268268 issued or incurred to finance road projects and payable from ad
269269 valorem taxes may not exceed one-fourth of the assessed value of the
270270 real property in the district.
271271 CHAPTER 8325. LAKE WEATHERFORD MUNICIPAL UTILITY DISTRICT NO. 2
272272 SUBCHAPTER A. GENERAL PROVISIONS
273273 Sec. 8325.001. DEFINITIONS. In this chapter:
274274 (1) "Board" means the district's board of directors.
275275 (2) "Director" means a board member.
276276 (3) "District" means the Lake Weatherford Municipal
277277 Utility District No. 2.
278278 Sec. 8325.002. NATURE OF DISTRICT. The district is a
279279 municipal utility district created under Section 59, Article XVI,
280280 Texas Constitution.
281281 Sec. 8325.003. CONFIRMATION AND DIRECTORS' ELECTION
282282 REQUIRED. The temporary directors shall hold an election to
283283 confirm the creation of the district and to elect five permanent
284284 directors as provided by Section 49.102, Water Code.
285285 Sec. 8325.004. CONSENT OF MUNICIPALITY REQUIRED. The
286286 temporary directors may not hold an election under Section 8325.003
287287 until each municipality in whose corporate limits or
288288 extraterritorial jurisdiction the district is located has
289289 consented by ordinance or resolution to the creation of the
290290 district and to the inclusion of land in the district.
291291 Sec. 8325.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
292292 (a) The district is created to serve a public purpose and benefit.
293293 (b) The district is created to accomplish the purposes of:
294294 (1) a municipal utility district as provided by
295295 general law and Section 59, Article XVI, Texas Constitution; and
296296 (2) Section 52, Article III, Texas Constitution, that
297297 relate to the construction, acquisition, improvement, operation,
298298 or maintenance of macadamized, graveled, or paved roads, or
299299 improvements, including storm drainage, in aid of those roads.
300300 Sec. 8325.006. INITIAL DISTRICT TERRITORY. (a) The
301301 district is initially composed of the territory described by
302302 Section 2(b) of the Act creating this chapter.
303303 (b) The boundaries and field notes contained in Section 2(b)
304304 of the Act creating this chapter form a closure. A mistake made in
305305 the field notes or in copying the field notes in the legislative
306306 process does not affect the district's:
307307 (1) organization, existence, or validity;
308308 (2) right to issue any type of bond for the purposes
309309 for which the district is created or to pay the principal of and
310310 interest on a bond;
311311 (3) right to impose a tax; or
312312 (4) legality or operation.
313313 [Sections 8325.007-8325.050 reserved for expansion]
314314 SUBCHAPTER B. BOARD OF DIRECTORS
315315 Sec. 8325.051. GOVERNING BODY; TERMS. (a) The district is
316316 governed by a board of five elected directors.
317317 (b) Except as provided by Section 8325.052, directors serve
318318 staggered four-year terms.
319319 Sec. 8325.052. TEMPORARY DIRECTORS. (a) On or after the
320320 effective date of the Act creating this chapter, the owner or owners
321321 of a majority of the assessed value of the real property in the
322322 district may submit a petition to the Texas Commission on
323323 Environmental Quality requesting that the commission appoint as
324324 temporary directors the five persons named in the petition. The
325325 commission shall appoint as temporary directors the five persons
326326 named in the petition.
327327 (b) Temporary directors serve until the earlier of:
328328 (1) the date permanent directors are elected under
329329 Section 8325.003; or
330330 (2) the fourth anniversary of the effective date of
331331 the Act creating this chapter.
332332 (c) If permanent directors have not been elected under
333333 Section 8325.003 and the terms of the temporary directors have
334334 expired, successor temporary directors shall be appointed or
335335 reappointed as provided by Subsection (d) to serve terms that
336336 expire on the earlier of:
337337 (1) the date permanent directors are elected under
338338 Section 8325.003; or
339339 (2) the fourth anniversary of the date of the
340340 appointment or reappointment.
341341 (d) If Subsection (c) applies, the owner or owners of a
342342 majority of the assessed value of the real property in the district
343343 may submit a petition to the Texas Commission on Environmental
344344 Quality requesting that the commission appoint as successor
345345 temporary directors the five persons named in the petition. The
346346 commission shall appoint as successor temporary directors the five
347347 persons named in the petition.
348348 [Sections 8325.053-8325.100 reserved for expansion]
349349 SUBCHAPTER C. POWERS AND DUTIES
350350 Sec. 8325.101. GENERAL POWERS AND DUTIES. The district has
351351 the powers and duties necessary to accomplish the purposes for
352352 which the district is created.
353353 Sec. 8325.102. MUNICIPAL UTILITY DISTRICT POWERS AND
354354 DUTIES. The district has the powers and duties provided by the
355355 general law of this state, including Chapters 49 and 54, Water Code,
356356 applicable to municipal utility districts created under Section 59,
357357 Article XVI, Texas Constitution.
358358 Sec. 8325.103. AUTHORITY FOR ROAD PROJECTS. Under Section
359359 52, Article III, Texas Constitution, the district may design,
360360 acquire, construct, finance, issue bonds for, improve, operate,
361361 maintain, and convey to this state, a county, or a municipality for
362362 operation and maintenance macadamized, graveled, or paved roads, or
363363 improvements, including storm drainage, in aid of those roads.
364364 Sec. 8325.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
365365 road project must meet all applicable construction standards,
366366 zoning and subdivision requirements, and regulations of each
367367 municipality in whose corporate limits or extraterritorial
368368 jurisdiction the road project is located.
369369 (b) If a road project is not located in the corporate limits
370370 or extraterritorial jurisdiction of a municipality, the road
371371 project must meet all applicable construction standards,
372372 subdivision requirements, and regulations of each county in which
373373 the road project is located.
374374 (c) If the state will maintain and operate the road, the
375375 Texas Transportation Commission must approve the plans and
376376 specifications of the road project.
377377 Sec. 8325.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
378378 OR RESOLUTION. The district shall comply with all applicable
379379 requirements of any ordinance or resolution that is adopted before
380380 the effective date of the Act creating this chapter under Section
381381 54.016 or 54.0165, Water Code, and that consents to the creation of
382382 the district or to the inclusion of land in the district.
383383 Sec. 8325.106. SELECTION OF EXTRATERRITORIAL JURISDICTION.
384384 The board may not select the municipality that may exercise
385385 authority in the district as provided by Section 54.0163, Water
386386 Code, unless the City of Weatherford provides written consent to
387387 that selection.
388388 Sec. 8325.107. LIMITATION ON ANNEXATION OF LAND BY
389389 DISTRICT. Notwithstanding Section 54.016(d), Water Code, the
390390 district may not annex land that is located in the extraterritorial
391391 jurisdiction of a municipality unless the City of Weatherford
392392 provides written consent to that annexation.
393393 Sec. 8325.108. EFFECT OF ANNEXATION BY CITY OF WEATHERFORD.
394394 (a) The City of Weatherford may annex part of the territory of the
395395 district into its corporate limits without annexing all of the
396396 territory of the district under an agreement entered into before
397397 the effective date of the Act creating this chapter between the City
398398 of Weatherford and the landowners of the land being annexed. The
399399 district continues in existence following annexation of part of the
400400 territory of the district as described by this subsection.
401401 (b) The district shall be dissolved and its debts and
402402 obligations assumed by the City of Weatherford in accordance with
403403 Chapter 43, Local Government Code, including Sections 43.075 and
404404 43.0715, on annexation of all of the territory of the district by
405405 the City of Weatherford, provided that:
406406 (1) water, sanitary sewer, and drainage improvements,
407407 and roads have been constructed to serve at least 95 percent of the
408408 territory of the district; or
409409 (2) the board adopts a resolution consenting to the
410410 dissolution of the district.
411411 (c) If all of the territory of the district is annexed by the
412412 City of Weatherford but the conditions under Subsection (b) have
413413 not been met, the City of Weatherford may dissolve the district by
414414 resolution only on or after the 20th anniversary of the effective
415415 date of the Act creating this chapter.
416416 (d) Notwithstanding Section 54.016(f)(2), Water Code, a
417417 contract ("allocation agreement") between the City of Weatherford
418418 and the district that provides for the allocation of the taxes or
419419 revenues of the district and the city following the date of
420420 inclusion of all the district's territory in the corporate limits
421421 of the city, may provide that the total annual ad valorem taxes
422422 collected by the city and the district from taxable property in the
423423 district may exceed the city's ad valorem tax on the property.
424424 Sec. 8325.109. LIMITATION ON USE OF EMINENT DOMAIN. The
425425 district may not exercise the power of eminent domain outside the
426426 district to acquire a site or easement for:
427427 (1) a road project authorized by Section 8325.103; or
428428 (2) a recreational facility as defined by Section
429429 49.462, Water Code.
430430 Sec. 8325.110. DIVISION OF DISTRICT. (a) The district may
431431 be divided into two or more new districts only if the district:
432432 (1) has no outstanding bonded debt; and
433433 (2) is not imposing ad valorem taxes.
434434 (b) This chapter applies to any new district created by the
435435 division of the district, and a new district has all the powers and
436436 duties of the district.
437437 (c) Any new district created by the division of the district
438438 may not, at the time the new district is created:
439439 (1) contain any land outside the area described by
440440 Section 2(b) of the Act creating this chapter; or
441441 (2) contain less than 200 or more than 600 acres of
442442 land without the prior consent of any municipality in whose
443443 extraterritorial jurisdiction the district is located.
444444 (d) The board, on its own motion or on receipt of a petition
445445 signed by the owner or owners of a majority of the assessed value of
446446 the real property in the district, may adopt an order dividing the
447447 district.
448448 (e) The board may adopt an order dividing the district
449449 before or after the date the board holds an election under Section
450450 8325.003 to confirm the district's creation.
451451 (f) An order dividing the district shall:
452452 (1) name each new district;
453453 (2) include the metes and bounds description of the
454454 territory of each new district;
455455 (3) appoint temporary directors for each new district;
456456 and
457457 (4) provide for the division of assets and liabilities
458458 between or among the new districts.
459459 (g) On or before the 30th day after the date of adoption of
460460 an order dividing the district, the district shall file the order
461461 with the Texas Commission on Environmental Quality and record the
462462 order in the real property records of each county in which the
463463 district is located.
464464 (h) Any new district created by the division of the district
465465 shall hold a confirmation and directors' election as required by
466466 Section 8325.003.
467467 (i) Except as provided by Subsection (c), municipal consent
468468 to the creation of the district and to the inclusion of land in the
469469 district granted under Section 8325.004 acts as municipal consent
470470 to the creation of any new district created by the division of the
471471 district and to the inclusion of land in the new district.
472472 (j) Any new district created by the division of the district
473473 must hold an election as required by this chapter to obtain voter
474474 approval before the district may impose a maintenance tax or issue
475475 bonds payable wholly or partly from ad valorem taxes.
476476 [Sections 8325.111-8325.150 reserved for expansion]
477477 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
478478 Sec. 8325.151. ELECTIONS REGARDING TAXES OR BONDS.
479479 (a) The district may issue, without an election, bonds and other
480480 obligations secured by:
481481 (1) revenue other than ad valorem taxes; or
482482 (2) contract payments described by Section 8325.153.
483483 (b) The district must hold an election in the manner
484484 provided by Chapters 49 and 54, Water Code, to obtain voter approval
485485 before the district may impose an ad valorem tax or issue bonds
486486 payable from ad valorem taxes.
487487 (c) The district may not issue bonds payable from ad valorem
488488 taxes to finance a road project unless the issuance is approved by a
489489 vote of a two-thirds majority of the district voters voting at an
490490 election held for that purpose.
491491 Sec. 8325.152. OPERATION AND MAINTENANCE TAX. (a) If
492492 authorized at an election held under Section 8325.151, the district
493493 may impose an operation and maintenance tax on taxable property in
494494 the district in accordance with Section 49.107, Water Code.
495495 (b) The board shall determine the tax rate. The rate may not
496496 exceed the rate approved at the election.
497497 Sec. 8325.153. CONTRACT TAXES. (a) In accordance with
498498 Section 49.108, Water Code, the district may impose a tax other than
499499 an operation and maintenance tax and use the revenue derived from
500500 the tax to make payments under a contract after the provisions of
501501 the contract have been approved by a majority of the district voters
502502 voting at an election held for that purpose.
503503 (b) A contract approved by the district voters may contain a
504504 provision stating that the contract may be modified or amended by
505505 the board without further voter approval.
506506 [Sections 8325.154-8325.200 reserved for expansion]
507507 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
508508 Sec. 8325.201. AUTHORITY TO ISSUE BONDS AND OTHER
509509 OBLIGATIONS. The district may issue bonds or other obligations
510510 payable wholly or partly from ad valorem taxes, impact fees,
511511 revenue, contract payments, grants, or other district money, or any
512512 combination of those sources, to pay for any authorized district
513513 purpose.
514514 Sec. 8325.202. TAXES FOR BONDS. At the time the district
515515 issues bonds payable wholly or partly from ad valorem taxes, the
516516 board shall provide for the annual imposition of a continuing
517517 direct ad valorem tax, without limit as to rate or amount, while all
518518 or part of the bonds are outstanding as required and in the manner
519519 provided by Sections 54.601 and 54.602, Water Code.
520520 Sec. 8325.203. BONDS FOR ROAD PROJECTS. At the time of
521521 issuance, the total principal amount of bonds or other obligations
522522 issued or incurred to finance road projects and payable from ad
523523 valorem taxes may not exceed one-fourth of the assessed value of the
524524 real property in the district.
525525 SECTION 2. (a) The Lake Weatherford Municipal Utility
526526 District No. 1 initially includes all the territory contained in
527527 the following area:
528528 BEING a tract of land situated in the R.K. Hagood Survey,
529529 Abstract Number 677, Isaac Gorman Survey, Abstract Number 532, I.
530530 and G. N. R. R. Company Survey, Abstract Number 2007, C. Meyer
531531 Survey, Abstract Number 2032, J. P. Feld Survey, Abstract Number
532532 487, J. L. Edwards Survey, Abstract Number 416, T. Spain Survey,
533533 Abstract Number 2059, H. H. Dillard Survey, Abstract Number 378, M.
534534 H. Woods Survey, Abstract Number 2717 and B. R. Bailey Survey,
535535 Abstract Number 2275, Parker County, Texas, and being the same as
536536 described in deed to Therylene Knox Helm, Exhibit A-1 and A-2
537537 recorded in Book 1502, Page 750 of Deed Records, Parker County,
538538 Texas and being more particularly described by metes and bounds as
539539 follows;
540540 BEGINNING at the called southeast corner of the Wm. Baker Survey,
541541 Abstract Number 183 and the called southwest corner of said Hagood
542542 Survey, in the north line of said Isaac Gorman Survey;
543543 THENCE N 0011'41"E, 2216.98 feet;
544544 THENCE N 8825'44"E, 138.81 feet;
545545 THENCE S 8914'47"E, 661.20 feet;
546546 THENCE S 0415'38"W, 2175.04 feet;
547547 THENCE S 3218'44"E, 2400.79 feet;
548548 THENCE S 0023'36"W, 3763.79 feet;
549549 THENCE N 8814'09"W, 4888.60 feet;
550550 THENCE N 0009'53"W, 2443.55 feet;
551551 THENCE S 8804'56"W, 799.57 feet;
552552 THENCE S 8801'30"W, 488.50 feet;
553553 THENCE S 0107'00"W, 486.25 feet;
554554 THENCE S 8943'21"W, 337.20 feet;
555555 THENCE N 0346'53"W, 121.69 feet;
556556 THENCE N 0710'51"W, 145.28 feet;
557557 THENCE N 8139'17"E, 174.81 feet;
558558 THENCE N 2354'32"E, 78.61 feet;
559559 THENCE N 6350'34"W, 154.00 feet;
560560 THENCE N 0301'01"W, 96.53 feet;
561561 THENCE N 0756'40"E, 105.94 feet;
562562 THENCE N 0500'18"W, 136.66 feet;
563563 THENCE N 3018'41"E, 267.48 feet;
564564 THENCE N 6335'30"E, 109.05 feet;
565565 THENCE N 0933'01"E, 169.92 feet;
566566 THENCE S 8928'39"W, 1312.94 feet;
567567 THENCE S 0015'09"W, 774.18 feet;
568568 THENCE N 8946'20"W, 655.16 feet;
569569 THENCE N 3602'15"W, 1018.93 feet;
570570 THENCE N 6202'04"W, 698.36 feet;
571571 THENCE N 1137'15"W, 1181.55 feet;
572572 THENCE S 8913'30"W, 61.78 feet;
573573 THENCE N 0130'01"E, 3319.85 feet;
574574 THENCE N 8956'20"E, 2313.70 feet;
575575 THENCE S 0023'43"W, 2343.60 feet;
576576 THENCE S 8954'10"E, 1171.93 feet;
577577 THENCE S 0024'27"W, 520.13 feet;
578578 THENCE S 8944'53"E, 2654.23 feet;
579579 THENCE N 0026'35"W, 528.34 feet;
580580 THENCE S 8907'19"E, 1609.98 feet to the Point of Beginning and
581581 containing 45,910,099 square feet or 1054 acres of land more or
582582 less; SAVE AND EXCEPT
583583 BEING a tract of land situated in the Isaac Gorman Survey, Abstract
584584 Number 532, I. and G. N. R. R. Company Survey, Abstract Number 2007,
585585 C. Meyer Survey, Abstract Number 2032, J. P. Feld Survey, Abstract
586586 Number 487, Parker County, Texas, and being the same as described in
587587 deed to Therylene Knox Helm, Exhibit A-1 recorded in Book 1502, Page
588588 750 of Deed Records, Parker County, Texas and being more
589589 particularly described by metes and bounds as follows;
590590 BEGINNING at the southeast corner of said Helm tract, and the
591591 southwest corner of tract to Therylene Knox Helm, Exhibit A-1 of
592592 said deed;
593593 THENCE N 8814'09"W, 4488.37 with said south line;
594594 THENCE N 0010'05"W, 918.41 feet to a non-tangent curve to the
595595 right;
596596 THENCE with said non-tangent curve to the right, an arc distance of
597597 4146.90 feet, through a central angle of 9000'00", having a radius
598598 of 2640.00 feet, the long chord of which bears N 4506'41"E, 3733.52
599599 feet;
600600 THENCE S 8953'19"E, 1869.10 feet to a point in said east line;
601601 THENCE S 0023'36"W, 3687.90 feet with said east line to the Point of
602602 Beginning and containing 14,806,722 square feet or 340 acres of
603603 land more or less.
604604 (b) The Lake Weatherford Municipal Utility District No. 2
605605 initially includes all the territory contained in the following
606606 area:
607607 TRACT I
608608 FOR A TRACT OF LAND IN THE I. & G. N. R.R. COMPANY SURVEY, ABSTRACT
609609 NO. 2007, THE ISAAC GORMAN SURVEY, ABSTRACT NO. 532, THE R. K.
610610 HAGOOD SURVEY, ABSTRACT NO. 677, THE WM. BAKER SURVEY, ABSTRACT NO.
611611 128, THE R. L. WILSON SURVEY, ABSTRACT NO. 1680, THE S. W. MILLER
612612 SURVEY, ABSTRACT NO. 2595, THE L. O. AND B. L. BAKER SURVEY,
613613 ABSTRACT NO. 2280, THE H. T. & B. R.R. COMPANY SURVEY, NO. 15,
614614 ABSTRACT NO. 650, THE H. T. & B. R.R. COMPANY SURVEY, NO. 13,
615615 ABSTRACT NO. 649, THE WM., C. L. AND L. O. BAKER SURVEY, ABSTRACT
616616 NO. 2089 AND THE R. K. HAGOOD SURVEY, ABSTRACT NO. 2310, ALL
617617 SITUATED IN PARKER COUNTY, TEXAS, AND BEING MORE PARTICULARLY
618618 DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
619619 COMMENCE at an iron found at the occupied Northwest corner of the R.
620620 K. Hagood Survey, Abstract No. 677, above referenced, thence N. 88
621621 - 25' - 44" E. 138.81 feet with the general course of a fence line to
622622 an iron to be set in concrete in the Southerly line of a road for the
623623 POINTOFBEGINNING of the herein described tract;
624624 THENCE N. 0 - 55' - 13" E. 3986.73 feet with the general course of a
625625 fence line to a fence corner post;
626626 THENCE N. 88 - 00' - 51" W. 112.57 feet with the general course of a
627627 fence line to a fence corner post;
628628 THENCE N. 0 - 32' - 15'" E. 816.08 feet with the general course of a
629629 fence line to an iron to be set in concrete, said point being at the
630630 Southerly terminus of the centerline of an easement as described in
631631 a Grant of Easement and Right of Way, of record in Volume 1191, Page
632632 1250, Deed Records, Parker County, Texas;
633633 THENCE S. 88 - 51' - 28" E. 2339.16 feet to an iron to be set in
634634 concrete for corner;
635635 THENCE S. 47 - 29' - 58" E. 1196.65 feet to an iron to be set in
636636 concrete for corner;
637637 THENCE S. 15 - 00' - 00" E. 800.0 feet to an iron to be set in
638638 concrete for corner;
639639 THENCE S. 89 - 59' - 06" E. to and along a fence line 5753.38 feet to
640640 an iron to be set in concrete for corner;
641641 THENCE S. 31 - 38' - 21" E. 1134.23 feet to an iron to be set in
642642 concrete for corner;
643643 THENCE S. 69 - 08' - 44" E. 1123.61 feet to an iron to be set in
644644 concrete for corner;
645645 THENCE N. 85 - 01' - 49" E. 1154.34 feet to an iron to be set in
646646 concrete for corner;
647647 THENCE S. 18 - 26' - 06" W. 1264.91 feet to an iron to be set in
648648 concrete for corner;
649649 THENCE S. 19 - 42' - 58" E. 579.60 feet to an iron to be set in
650650 concrete for corner;
651651 THENCE N. 89 - 44' - 56" W. 6013.94 feet to an iron to be set in
652652 concrete in a road for corner;
653653 THENCE S. 0 - 15' - 04" W. 4782.22 feet with the Easterly line of
654654 said road to an iron to be set in concrete for corner;
655655 THENCE N. 89 - 53' - 19" W. 2707.47 feet to a fence corner post for
656656 corner;
657657 THENCE S. 0 - 11' - 54" W. 2958.55 feet with the general course of a
658658 fence line to a concrete monument found at the Northeast corner of a
659659 tract described in a deed to Brazos Electric Cooperative Inc. of
660660 record in Volume 370, Page 616, Deed Records, Parker County, Texas;
661661 THENCE S. 89 - 52' - 30" W. 207.99 feet along the North line of same
662662 to a concrete monument found for corner;
663663 THENCE S. 0 - 07' - 17" E. 316.07 feet to a concrete monument found
664664 for corner;
665665 THENCE N. 43 - 54' - 25" E. 298.44 feet to an iron found at fence
666666 corner;
667667 THENCE S. 0 - 11' - 54" W. 363.0 feet to an iron for corner;
668668 THENCE N. 88 - 14' - 09" W. to and along White Settlement Road
669669 1220.50 feet to a point in same and from which said point an iron to
670670 be set in concrete in the Northerly fence line of said White
671671 Settlement Road bears N. 0 - 23' - 36" E. 48.47 feet;
672672 THENCE N. 0 - 23' - 36" E. 3763.79 feet to an iron to be set in
673673 concrete for corner;
674674 THENCE N. 32 - 18' - 44" W. 2400.79 feet to an iron to be set in
675675 concrete;
676676 THENCE N. 4 - 15' - 38" E. 2175.04 feet to an iron to be set in
677677 concrete in the Southerly fence line of a road;
678678 THENCE N. 89 - 14' - 47" W. 661.20 feet to the POINT OF BEGINNING and
679679 containing 1471.809 acres.
680680 SAVE AND EXCEPT:
681681 BEING a tract of land situated in the Isaac Gorman Survey, Abstract
682682 Number 532, I. & G. N. R. R. Co. Survey, Abstract Number 2007, H.T. &
683683 B. R. R. Co. Survey, No. 15, Abstract Number 650, Parker County,
684684 Texas, and being the same as described in deed to Therylene Knox
685685 Helm, Exhibit A-2 recorded in Book 1502, Page 750 of Deed Records,
686686 Parker County, Texas and being more particularly described by metes
687687 and bounds as follows;
688688 BEGINNING at the southwest corner of said Helm tract, and the
689689 southeast corner of tract to Therylene Knox Helm, Exhibit A-1 of
690690 said deed;
691691 THENCE N 0023'36"E, 3687.90 feet;
692692 THENCE S 8953'19"E, 3915.24 feet;
693693 THENCE S 0015'04"W, 300.00 feet;
694694 THENCE N 8953'19"W, 2707.47 feet;
695695 THENCE S 0011'54"W, 2958.55 feet;
696696 THENCE S 8952'30"W, 207.99 feet;
697697 THENCE S 0007'17"E, 316.07 feet;
698698 THENCE N 4354'25"E, 298.44 feet;
699699 THENCE S 0011'54"W, 363.00 feet;
700700 THENCE N 8814'09"W, 1220.50 feet to the Point of Beginning and
701701 containing 5,266,636 square feet or 121 acres of land more or less.
702702 TRACT II
703703 77.10 Acres situated in and being a portion of the John Snyder
704704 Survey, Abstract No. 1169, Parker County, Texas and being all that
705705 certain 77.10 Acre Lot, Tract or Parcel of land conveyed to M.L.W.
706706 DEVELOPMENT, LLC by deed recorded in Volume 2099, Page 1279, Deed
707707 Records, Parker County, Texas and being more particularly described
708708 by metes and bounds as follows:
709709 BEGINNING at an iron rod found in Ragle Road at the southeast corner
710710 of a tract of land conveyed to Clear Fork Baptist Church by deed
711711 recorded in Volume 60, Page 18, Deed Records, Parker County, Texas,
712712 said iron being called by deed to be South, 415.0 feet from the
713713 northeast corner of said John Snyder Survey;
714714 THENCE South 01 degrees 11 minutes 00 seconds West, with said Ragle
715715 Road, 1252.65 feet to an iron rod set;
716716 THENCE North 89 degrees 25 minutes 00 seconds West, 2086.73 feet to
717717 an iron rod set in a dry ravine;
718718 THENCE with the meanders of said dry ravine the following courses
719719 and distances;
720720 North 00 degrees 02 minutes 25 seconds West 405.97 feet to a point;
721721 North 05 degrees 43 minutes 25 seconds West 787.30 feet to a point;
722722 North 17 degrees 49 minutes 35 seconds West 325.59 feet to an iron
723723 rod set in said ravine and the south right of way line of Farm to
724724 Market Highway No. 730 in a non-tangent curve to the right with a
725725 radius of 1859.86 feet and whose chord bears North 79 degrees 09
726726 minutes 23 seconds East, 726.34 feet;
727727 THENCE with the south right of way line of said Farm to Market
728728 Highway No. 730 and said curve to the right through a central angle
729729 of 22 degrees 31 minutes 14 seconds and a distance of 731.03 feet to
730730 an iron rod found;
731731 THENCE South 89 degrees 35 minutes 00 seconds East, continuing with
732732 the south right of way line of said Farm to Market Highway No. 730,
733733 1175.17 feet to an iron rod found at the northwest corner of said
734734 Clear Fork Baptist Church;
735735 THENCE South 00 degrees 24 minutes 30 seconds West, on or about a
736736 fence line and the west line of said Clear Fork Baptist Church,
737737 393.33 feet to an iron rod found;
738738 THENCE South 89 degrees 35 minutes 00 seconds East, on or about a
739739 fence line and the south line of said Clear Fork Baptist Church,
740740 405.27 feet to the POINT OF BEGINNING and containing 77.10 acres.
741741 SECTION 3. (a) The legal notice of the intention to
742742 introduce this Act, setting forth the general substance of this
743743 Act, has been published as provided by law, and the notice and a
744744 copy of this Act have been furnished to all persons, agencies,
745745 officials, or entities to which they are required to be furnished
746746 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
747747 Government Code.
748748 (b) The governor, one of the required recipients, has
749749 submitted the notice and Act to the Texas Commission on
750750 Environmental Quality.
751751 (c) The Texas Commission on Environmental Quality has filed
752752 its recommendations relating to this Act with the governor, the
753753 lieutenant governor, and the speaker of the house of
754754 representatives within the required time.
755755 (d) All requirements of the constitution and laws of this
756756 state and the rules and procedures of the legislature with respect
757757 to the notice, introduction, and passage of this Act are fulfilled
758758 and accomplished.
759759 SECTION 4. This Act takes effect immediately if it receives
760760 a vote of two-thirds of all the members elected to each house, as
761761 provided by Section 39, Article III, Texas Constitution. If this
762762 Act does not receive the vote necessary for immediate effect, this
763763 Act takes effect September 1, 2009.
764764 * * * * *