Texas 2009 - 81st Regular

Texas Senate Bill SB2508 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R17834 PMO-F
2	2	By: Wentworth S.B. No. 2508
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Guadalupe County Municipal Utility
8	8	District No. 3; providing authority to impose a tax and issue bonds;
9	9	granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8358 to read as follows:
13	13	CHAPTER 8358. GUADALUPE COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8358.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Director" means a board member.
18	18	(3) "District" means the Guadalupe County Municipal
19	19	Utility District No. 3.
20	20	Sec. 8358.002. NATURE OF DISTRICT. The district is a
21	21	municipal utility district created under Section 59, Article XVI,
22	22	Texas Constitution.
23	23	Sec. 8358.003. CONFIRMATION AND DIRECTORS' ELECTION
24	24	REQUIRED. The temporary directors shall hold an election to
25	25	confirm the creation of the district and to elect five permanent
26	26	directors as provided by Section 49.102, Water Code.
27	27	Sec. 8358.004. CONSENT OF MUNICIPALITY REQUIRED. The
28	28	temporary directors may not hold an election under Section 8358.003
29	29	until each municipality in whose corporate limits or
30	30	extraterritorial jurisdiction the district is located has:
31	31	(1) consented by ordinance or resolution to the
32	32	creation of the district and to the inclusion of land in the
33	33	district subsequent to the effective date of the Act creating this
34	34	chapter; and
35	35	(2) approved and entered into a development agreement
36	36	with the owners of land within the district under Section 212.172,
37	37	Local Government Code.
38	38	Sec. 8358.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
39	39	The district is created to serve a public purpose and benefit.
40	40	(b) The district is created to accomplish the purposes of:
41	41	(1) a municipal utility district as provided by
42	42	general law and Section 59, Article XVI, Texas Constitution; and
43	43	(2) Section 52, Article III, Texas Constitution, that
44	44	relate to the construction, acquisition, improvement, operation,
45	45	or maintenance of macadamized, graveled, or paved roads, or
46	46	improvements, including storm drainage, in aid of those roads.
47	47	Sec. 8358.006. INITIAL DISTRICT TERRITORY. (a) The
48	48	district is initially composed of the territory described by
49	49	Section 2 of the Act creating this chapter.
50	50	(b) The boundaries and field notes contained in Section 2 of
51	51	the Act creating this chapter form a closure. A mistake made in the
52	52	field notes or in copying the field notes in the legislative process
53	53	does not affect the district's:
54	54	(1) organization, existence, or validity;
55	55	(2) right to issue any type of bond for the purposes
56	56	for which the district is created or to pay the principal of and
57	57	interest on a bond;
58	58	(3) right to impose a tax; or
59	59	(4) legality or operation.
60	60	[Sections 8358.007-8358.050 reserved for expansion]
61	61	SUBCHAPTER B. BOARD OF DIRECTORS
62	62	Sec. 8358.051. GOVERNING BODY; TERMS. (a) The district is
63	63	governed by a board of five elected directors.
64	64	(b) Except as provided by Section 8358.052, directors serve
65	65	staggered four-year terms.
66	66	Sec. 8358.052. TEMPORARY DIRECTORS. (a) On or after the
67	67	effective date of the Act creating this chapter, the owner or owners
68	68	of a majority of the assessed value of the real property in the
69	69	district may submit a petition to the Texas Commission on
70	70	Environmental Quality requesting that the commission appoint as
71	71	temporary directors the five persons named in the petition. The
72	72	commission shall appoint as temporary directors the five persons
73	73	named in the petition.
74	74	(b) Temporary directors serve until the earlier of:
75	75	(1) the date permanent directors are elected under
76	76	Section 8358.003; or
77	77	(2) the fourth anniversary of the effective date of
78	78	the Act creating this chapter.
79	79	(c) If permanent directors have not been elected under
80	80	Section 8358.003 and the terms of the temporary directors have
81	81	expired, successor temporary directors shall be appointed or
82	82	reappointed as provided by Subsection (d) to serve terms that
83	83	expire on the earlier of:
84	84	(1) the date permanent directors are elected under
85	85	Section 8358.003; or
86	86	(2) the fourth anniversary of the date of the
87	87	appointment or reappointment.
88	88	(d) If Subsection (c) applies, the owner or owners of a
89	89	majority of the assessed value of the real property in the district
90	90	may submit a petition to the Texas Commission on Environmental
91	91	Quality requesting that the commission appoint as successor
92	92	temporary directors the five persons named in the petition. The
93	93	commission shall appoint as successor temporary directors the five
94	94	persons named in the petition.
95	95	[Sections 8358.053-8358.100 reserved for expansion]
96	96	SUBCHAPTER C. POWERS AND DUTIES
97	97	Sec. 8358.101. GENERAL POWERS AND DUTIES. The district has
98	98	the powers and duties necessary to accomplish the purposes for
99	99	which the district is created.
100	100	Sec. 8358.102. MUNICIPAL UTILITY DISTRICT POWERS AND
101	101	DUTIES. The district has the powers and duties provided by the
102	102	general law of this state, including Chapters 49 and 54, Water Code,
103	103	applicable to municipal utility districts created under Section 59,
104	104	Article XVI, Texas Constitution.
105	105	Sec. 8358.103. AUTHORITY FOR ROAD PROJECTS. Under Section
106	106	52, Article III, Texas Constitution, the district may design,
107	107	acquire, construct, finance, issue bonds for, improve, operate,
108	108	maintain, and convey to this state, a county, or a municipality for
109	109	operation and maintenance macadamized, graveled, or paved roads, or
110	110	improvements, including storm drainage, in aid of those roads.
111	111	Sec. 8358.104. APPROVAL OF ROAD PROJECT. (a) The district
112	112	may not undertake a road project authorized by Section 8358.103
113	113	unless:
114	114	(1) each municipality or county that will operate and
115	115	maintain the road has approved the plans and specifications of the
116	116	road project; or
117	117	(2) the Texas Transportation Commission approves the
118	118	plans and specifications of the road project, if the state will
119	119	operate and maintain the road.
120	120	(b) Except as provided by Subsection (a), the district is
121	121	not required to obtain approval from the Texas Transportation
122	122	Commission to design, acquire, construct, finance, issue bonds for,
123	123	improve, or convey a road project.
124	124	Sec. 8358.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
125	125	OR RESOLUTION. (a) The district shall comply with all applicable
126	126	requirements of any ordinance or resolution that is adopted under
127	127	Section 54.016 or 54.0165, Water Code, and that consents to the
128	128	creation of the district or to the inclusion of land in the
129	129	district.
130	130	(b) For purposes of Section 54.016, Water Code, the district
131	131	is a city service district for the limited purpose of establishing
132	132	consent conditions.
133	133	Sec. 8358.106. LIMITATION ON USE OF EMINENT DOMAIN. The
134	134	district may not exercise the power of eminent domain outside the
135	135	district to acquire a site or easement for:
136	136	(1) a road project authorized by Section 8358.103; or
137	137	(2) a recreational facility as defined by Section
138	138	49.462, Water Code.
139	139	[Sections 8358.107-8358.150 reserved for expansion]
140	140	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
141	141	Sec. 8358.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
142	142	district may issue, without an election, bonds and other
143	143	obligations secured by:
144	144	(1) revenue other than ad valorem taxes; or
145	145	(2) contract payments described by Section 8358.153.
146	146	(b) The district must hold an election in the manner
147	147	provided by Chapters 49 and 54, Water Code, to obtain voter approval
148	148	before the district may impose an ad valorem tax or issue bonds
149	149	payable from ad valorem taxes.
150	150	(c) The district may not issue bonds payable from ad valorem
151	151	taxes to finance a road project unless the issuance is approved by a
152	152	vote of a two-thirds majority of the district voters voting at an
153	153	election held for that purpose.
154	154	Sec. 8358.152. OPERATION AND MAINTENANCE TAX. (a) If
155	155	authorized at an election held under Section 8358.151, the district
156	156	may impose an operation and maintenance tax on taxable property in
157	157	the district in accordance with Section 49.107, Water Code.
158	158	(b) The board shall determine the tax rate. The rate may not
159	159	exceed the rate approved at the election.
160	160	Sec. 8358.153. CONTRACT TAXES. (a) In accordance with
161	161	Section 49.108, Water Code, the district may impose a tax other than
162	162	an operation and maintenance tax and use the revenue derived from
163	163	the tax to make payments under a contract after the provisions of
164	164	the contract have been approved by a majority of the district voters
165	165	voting at an election held for that purpose.
166	166	(b) A contract approved by the district voters may contain a
167	167	provision stating that the contract may be modified or amended by
168	168	the board without further voter approval.
169	169	Sec. 8358.154. ALLOCATION OF TAXES. Section 54.016(f),
170	170	Water Code, does not apply to the district.
171	171	[Sections 8358.155-8358.200 reserved for expansion]
172	172	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
173	173	Sec. 8358.201. AUTHORITY TO ISSUE BONDS AND OTHER
174	174	OBLIGATIONS. The district may issue bonds or other obligations
175	175	payable wholly or partly from ad valorem taxes, impact fees,
176	176	revenue, contract payments, grants, or other district money, or any
177	177	combination of those sources, to pay for any authorized district
178	178	purpose.
179	179	Sec. 8358.202. TAXES FOR BONDS. At the time the district
180	180	issues bonds payable wholly or partly from ad valorem taxes, the
181	181	board shall provide for the annual imposition of a continuing
182	182	direct ad valorem tax, without limit as to rate or amount, while all
183	183	or part of the bonds are outstanding as required and in the manner
184	184	provided by Sections 54.601 and 54.602, Water Code.
185	185	Sec. 8358.203. BONDS FOR ROAD PROJECTS. At the time of
186	186	issuance, the total principal amount of bonds or other obligations
187	187	issued or incurred to finance road projects and payable from ad
188	188	valorem taxes may not exceed one-fourth of the assessed value of the
189	189	real property in the district.
190	190	SECTION 2. The Guadalupe County Municipal Utility District
191	191	No. 3 initially includes all the territory contained in the
192	192	following area:
193	193	A FIELD NOTE DESCRIPTION of 539.0054 acres (23,479,075 square
194	194	feet) of land in the J.D. Clements Survey, Abstract No. 11,
195	195	Guadalupe County, Texas; said 539.0054 acre tract being all of Lots
196	196	1-3, Block 1 of the Project Green Subdivision, according to the map
197	197	or plat recorded in Volume 7, Pages 263-264 of the Guadalupe County
198	198	Map Records and all of an 87.9012 acre tract, conveyed to A-L 97 IH
199	199	10-SH 46, L.P., as recorded in Guadalupe County Clerk's File Nos.
200	200	07-22168, 07-022173 & 08-013115; said tract being more particularly
201	201	described by metes and bounds as follows with the bearings being
202	202	based on the Texas State Plane Coordinate System, South Central
203	203	Zone using National Geodetic Survey Continuously Operating
204	204	Reference Stations:
205	205	BEGINNING at a smooth 5/8-inch iron rod found in the
206	206	northwest right-of-way line of Interstate Highway 10 (right-of-way
207	207	varies) for the southwest corner of said Lot 3 and for an angle
208	208	point of this tract;
209	209	THENCE; South 68 42' 28" West - 710.50 feet with the
210	210	northwest right-of-way line of said Interstate Highway 10 to a 60d
211	211	nail in concrete found for an angle point of this tract;
212	212	THENCE; South 58 05' 50" West- 215.79 feet with the northwest
213	213	right-of-way line of said Interstate Highway 10 to a 1/2-inch iron
214	214	rod with cap stamped 'B&A' found for the most southerly southwest
215	215	corner of this tract;
216	216	THENCE; North 01 31' 26" West - 4,139.17 feet with the east
217	217	line of a 40 acre tract conveyed to Robin R. Rector Harrel, as
218	218	recorded in Volume 1528, Page 234 of Guadalupe County Deed Records
219	219	to a 1/2-inch iron rod found for an interior corner of this tract;
220	220	THENCE; South 89 03' 44" West - 536.71 feet with a north line
221	221	of said 40 acre tract to a 1/2-inch iron pipe found for an angle
222	222	point of this tract;
223	223	THENCE; South 88 21' 42" West - 60.21 feet with the north line
224	224	of a 27.44 acre tract of land conveyed to Nancy Beth Hallberg, as
225	225	recorded in Volume 1847, Page 835 of the Guadalupe County Deed
226	226	Records to a 4-inch metal pole found for a southwest corner of this
227	227	tract;
228	228	THENCE; North 01 07' 53" West - 495.80 feet with the east line
229	229	of a 2.935 acre tract of land conveyed to Strata Ferrous, Inc., as
230	230	recorded in Volume 1504, Page 468 of the Guadalupe County Deed
231	231	Records to a metal fence post found in the southwest right-of-way
232	232	line of Friesenhahn Road (Youngs Ford Road, right-of-way varies)
233	233	for the most westerly northwest corner of this tract;
234	234	THENCE; South 76 37' 07" East - 1,503.28 feet with the
235	235	southwest right-of-way line of said Friesenhahn Road to a 10-inch
236	236	x10-inch concrete fence post found for an angle point of this tract;
237	237	THENCE; South 75 48' 22" East - 622.44 feet with the
238	238	southwest right-of-way line of said Friesenhahn Road to a 10-inch
239	239	x10-inch concrete fence post found for an angle point of this tract;
240	240	THENCE; South 76 34' 50" East - 1,425.29 feet with the
241	241	southwest right-of-way line of said Friesenhahn Road to a 1/2-inch
242	242	iron rod with cap found for an interior corner of this tract; from
243	243	which a 1/2-inch iron rod found bears North 74 17' 36" East - 0.33
244	244	feet;
245	245	THENCE; North 20 52' 10" East - 84.74 feet with the west line
246	246	of said Lot 2 to a 5/8-inch iron rod with cap set for an interior
247	247	corner of this tract;
248	248	THENCE; North 76 54' 03" West - 682.88 feet with the
249	249	northeast right-of-way line of said Friesenhahn Road to a 1/2-inch
250	250	iron rod with cap found for an interior corner of this tract;
251	251	THENCE; South 12 54' 49" West - 9.69 feet with a jog in the
252	252	northeast right-of-way line of said Friesenhahn Road to a 10-inch
253	253	x10-inch concrete fence post found for a south corner of this tract;
254	254	THENCE; North 76 24' 13" West - 936.14 feet with the
255	255	northeast right-of-way line of said Friesenhahn Road to a 5/8-inch
256	256	iron rod with cap set for a west corner of this tract;
257	257	THENCE; North 14 03' 37" East - 10.20 feet with a jog in the
258	258	northeast right-of-way line of said Friesenhahn Road to a 1/2-inch
259	259	iron rod found for an interior corner of this tract;
260	260	THENCE; North 75 11' 12" West - 503.39 feet with the
261	261	northeast right-of-way line of said Friesenhahn Road to a 1/2-inch
262	262	iron rod found for a southwest corner of this tract;
263	263	THENCE; North 01 08' 08" West - 848.44 feet with the west line
264	264	of said Lot 1 and with the east line of a 19.21 acre tract of land
265	265	conveyed to O.J. Riedel, Trustee, as recorded in Volume 724, Page
266	266	541 of the Guadalupe County Deed Records to a 1/2-inch iron rod
267	267	found for an angle point of this tract;
268	268	THENCE; North 01 28' 34" West - 551.15 feet with the west line
269	269	of said Lot 1 and with the east line of Westgate Subdivision,
270	270	according tot he map or plat recorded in Volume 4, Page 96 of the
271	271	Guadalupe County Map Records to a 5/8-inch iron rod with cap set for
272	272	an angle point of this tract;
273	273	THENCE; North 01 22' 32" West - 1,262.61 feet with the west
274	274	line of said Lot 1 and with the east line of said Westgate
275	275	Subdivision to a concrete monument disk found in the southwest
276	276	right-of-way line of F.M. Highway 78 (right-of-way varies) for a
277	277	northwest corner of this tract;
278	278	THENCE; South 76 33' 09" East - 1,256.79 feet with the
279	279	southwest right-of-way line of said F.M. Highway 78 to a 5/8-inch
280	280	iron rod with cap set for a northeast corner of this tract; from
281	281	which a metal fence post bears South 00 50' 29" East - 0.91 feet;
282	282	THENCE; South 00 50' 29" East - 741.45 feet with an east line
283	283	of said Lot 1 and with the west line of an 11.684 acre tract of land
284	284	conveyed to Fernon J. Schievelbein, as recorded in Volume 476, Page
285	285	679 of the Guadalupe County Deed Records to a 10-inch x 10-inch
286	286	concrete fence post found for an interior corner of this tract;
287	287	THENCE; South 76 36' 44" East with the northeast line of said
288	288	Lot 1 and with the southwest line of said 11.684 acre tract, with
289	289	the southwest line of a tract of land conveyed to Fernon J.
290	290	Schievelbein, as recorded in Volume 1000, Page 572 of the Guadalupe
291	291	County Deed Records, and with the southwest line of a 13.730 acre
292	292	tract of land conveyed to Fernon J. Schievelbein, as recorded in
293	293	Volume 476, Page 679 of the Guadalupe County Deed Records at a
294	294	distance of 1,604.24 feet pass a 1/2-inch iron rod in concrete found
295	295	and continuing for a total distance of 1,893.61 feet with the
296	296	northeast line of said Lot 2 to a 10-inch x10-inch concrete fence
297	297	post found for an interior corner of this tract;
298	298	THENCE: North 01 09' 52" West - 747.68 feet with a west line
299	299	of said Lot 2 and with the east line of said 13.730 acre tract to a
300	300	concrete monument found in the southwest right-of-way line of said
301	301	F.M. Highway 78 for a northwest corner of this tract;
302	302	THENCE; South 78 44' 39" East - 972.43 feet with the
303	303	southwest right-of-way line of said F.M. Highway 78 to a concrete
304	304	monument found for an angle point of this tract;
305	305	THENCE; South 76 37' 15" East - 737.62 feet with the
306	306	southwest right-of-way line of said F.M. Highway 78 to a 2-inch iron
307	307	pipe found for the most easterly northeast corner of this tract;
308	308	THENCE; South 01 17' 10" East - 1,097.52 feet with a east line
309	309	of said Lot 2 and with the west line of a tract of land conveyed to
310	310	Superior Energy Group, Ltd., as recorded in Volume 732, Page 1301 of
311	311	the Guadalupe County Deed Records to a 1/2-inch iron rod found for a
312	312	southeast corner of this tract;
313	313	THENCE; South 87 34' 00" West - 711.09 feet with a south line
314	314	of said Lot 2 to a 1/2-inch iron rod with cap in concrete found for
315	315	an interior corner of this tract; from which a bent 1-inch iron pipe
316	316	bears South 87 34' 10" West - 2.83 feet;
317	317	THENCE; South 01 22' 58" East - 1,116.97 feet with the east
318	318	line of said Lot 2 to a 6 foot chain link fence corner found for an
319	319	angle point of this tract;
320	320	THENCE; South 00 15' 22" East - 290.39 feet with the east line
321	321	of said Lot 2 to a 1/2-inch iron rod with cap stamped 'Kling' found
322	322	for a southeast corner of this tract;
323	323	THENCE; North 76 54' 03" West - 62.59 feet with the northeast
324	324	right-of-way line of said Friesenhahn Road to a 5/8-inch iron rod
325	325	with cap set for an interior corner of this tract;
326	326	THENCE; South 01 04' 17" East - 718.65 feet with the east line
327	327	of said Lot 2 to a brass disk found in the northwest right-of-way
328	328	line of said Interstate Highway 10 for the most southerly southeast
329	329	corner of this tract; from which a 1/2-inch iron rod with cap 'B&A'
330	330	bears South 55 35' 30" West - 0.53 feet;
331	331	THENCE; South 51 29' 46" West with the southeast line of said
332	332	Lot 2 and with the northwest right-of-way line of said Interstate
333	333	Highway 10, at a distance of 489.92 feet pass a 1/2-inch iron rod
334	334	with cap stamped 'B&A' found and continuing with the southeast line
335	335	of said Lot 3 for a total distance of 870.11 feet to a brass monument
336	336	disk found for an angle point of this tract;
337	337	THENCE; South 54 44' 17" West - 652.94 feet with the
338	338	northwest right-of-way line of said Interstate Highway 10 to a
339	339	brass monument disk found for an angle point of this tract;
340	340	THENCE; South 58 04' 52" West - 1,419.28 feet with the
341	341	northwest right-of-way line of said Interstate Highway 10 to a
342	342	3/4-inch square bar found for an angle point of this tract;
343	343	THENCE; South 61 55' 18" West - 999.03 feet with the
344	344	northwest right-of-way line of said Interstate Highway 10 to a
345	345	1/2-inch iron rod with cap stamped 'Kling' found for an angle point
346	346	of this tract;
347	347	THENCE; South 69 00' 37" West - 561.36 feet with the
348	348	northwest right-of-way line of said Interstate Highway 10 to the
349	349	POINT OF BEGINNING and containing 539.0054 acres (23,479,075 square
350	350	feet) of land.
351	351	SECTION 3. (a) The legal notice of the intention to
352	352	introduce this Act, setting forth the general substance of this
353	353	Act, has been published as provided by law, and the notice and a
354	354	copy of this Act have been furnished to all persons, agencies,
355	355	officials, or entities to which they are required to be furnished
356	356	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
357	357	Government Code.
358	358	(b) The governor, one of the required recipients, has
359	359	submitted the notice and Act to the Texas Commission on
360	360	Environmental Quality.
361	361	(c) The Texas Commission on Environmental Quality has filed
362	362	its recommendations relating to this Act with the governor, the
363	363	lieutenant governor, and the speaker of the house of
364	364	representatives within the required time.
365	365	(d) All requirements of the constitution and laws of this
366	366	state and the rules and procedures of the legislature with respect
367	367	to the notice, introduction, and passage of this Act are fulfilled
368	368	and accomplished.
369	369	SECTION 4. This Act takes effect immediately if it receives
370	370	a vote of two-thirds of all the members elected to each house, as
371	371	provided by Section 39, Article III, Texas Constitution. If this
372	372	Act does not receive the vote necessary for immediate effect, this
373	373	Act takes effect September 1, 2009.