81R17834 PMO-F
By: Wentworth S.B. No. 2508
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Guadalupe County Municipal Utility
District No. 3; 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 8358 to read as follows:
CHAPTER 8358. GUADALUPE COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8358.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Guadalupe County Municipal
Utility District No. 3.
Sec. 8358.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8358.003. 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. 8358.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8358.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has:
(1) consented by ordinance or resolution to the
creation of the district and to the inclusion of land in the
district subsequent to the effective date of the Act creating this
chapter; and
(2) approved and entered into a development agreement
with the owners of land within the district under Section 212.172,
Local Government Code.
Sec. 8358.005. 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. 8358.006. 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 8358.007-8358.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8358.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8358.052, directors serve
staggered four-year terms.
Sec. 8358.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating this chapter, 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
temporary directors the five persons named in the petition. The
commission shall appoint as temporary directors the five persons
named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8358.003; 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 8358.003 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 8358.003; 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 8358.053-8358.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8358.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8358.102. 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. 8358.103. 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. 8358.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8358.103
unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project; or
(2) the Texas Transportation Commission approves the
plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
Sec. 8358.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. (a) 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.
(b) For purposes of Section 54.016, Water Code, the district
is a city service district for the limited purpose of establishing
consent conditions.
Sec. 8358.106. 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 8358.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8358.107-8358.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8358.151. 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 8358.153.
(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. 8358.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8358.151, 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. 8358.153. 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.
Sec. 8358.154. ALLOCATION OF TAXES. Section 54.016(f),
Water Code, does not apply to the district.
[Sections 8358.155-8358.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8358.201. 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. 8358.202. 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. 8358.203. 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 Guadalupe County Municipal Utility District
No. 3 initially includes all the territory contained in the
following area:
A FIELD NOTE DESCRIPTION of 539.0054 acres (23,479,075 square
feet) of land in the J.D. Clements Survey, Abstract No. 11,
Guadalupe County, Texas; said 539.0054 acre tract being all of Lots
1-3, Block 1 of the Project Green Subdivision, according to the map
or plat recorded in Volume 7, Pages 263-264 of the Guadalupe County
Map Records and all of an 87.9012 acre tract, conveyed to A-L 97 IH
10-SH 46, L.P., as recorded in Guadalupe County Clerk's File Nos.
07-22168, 07-022173 & 08-013115; said tract being more particularly
described by metes and bounds as follows with the bearings being
based on the Texas State Plane Coordinate System, South Central
Zone using National Geodetic Survey Continuously Operating
Reference Stations:
BEGINNING at a smooth 5/8-inch iron rod found in the
northwest right-of-way line of Interstate Highway 10 (right-of-way
varies) for the southwest corner of said Lot 3 and for an angle
point of this tract;
THENCE; South 68 42' 28" West - 710.50 feet with the
northwest right-of-way line of said Interstate Highway 10 to a 60d
nail in concrete found for an angle point of this tract;
THENCE; South 58 05' 50" West- 215.79 feet with the northwest
right-of-way line of said Interstate Highway 10 to a 1/2-inch iron
rod with cap stamped 'B&A' found for the most southerly southwest
corner of this tract;
THENCE; North 01 31' 26" West - 4,139.17 feet with the east
line of a 40 acre tract conveyed to Robin R. Rector Harrel, as
recorded in Volume 1528, Page 234 of Guadalupe County Deed Records
to a 1/2-inch iron rod found for an interior corner of this tract;
THENCE; South 89 03' 44" West - 536.71 feet with a north line
of said 40 acre tract to a 1/2-inch iron pipe found for an angle
point of this tract;
THENCE; South 88 21' 42" West - 60.21 feet with the north line
of a 27.44 acre tract of land conveyed to Nancy Beth Hallberg, as
recorded in Volume 1847, Page 835 of the Guadalupe County Deed
Records to a 4-inch metal pole found for a southwest corner of this
tract;
THENCE; North 01 07' 53" West - 495.80 feet with the east line
of a 2.935 acre tract of land conveyed to Strata Ferrous, Inc., as
recorded in Volume 1504, Page 468 of the Guadalupe County Deed
Records to a metal fence post found in the southwest right-of-way
line of Friesenhahn Road (Youngs Ford Road, right-of-way varies)
for the most westerly northwest corner of this tract;
THENCE; South 76 37' 07" East - 1,503.28 feet with the
southwest right-of-way line of said Friesenhahn Road to a 10-inch
x10-inch concrete fence post found for an angle point of this tract;
THENCE; South 75 48' 22" East - 622.44 feet with the
southwest right-of-way line of said Friesenhahn Road to a 10-inch
x10-inch concrete fence post found for an angle point of this tract;
THENCE; South 76 34' 50" East - 1,425.29 feet with the
southwest right-of-way line of said Friesenhahn Road to a 1/2-inch
iron rod with cap found for an interior corner of this tract; from
which a 1/2-inch iron rod found bears North 74 17' 36" East - 0.33
feet;
THENCE; North 20 52' 10" East - 84.74 feet with the west line
of said Lot 2 to a 5/8-inch iron rod with cap set for an interior
corner of this tract;
THENCE; North 76 54' 03" West - 682.88 feet with the
northeast right-of-way line of said Friesenhahn Road to a 1/2-inch
iron rod with cap found for an interior corner of this tract;
THENCE; South 12 54' 49" West - 9.69 feet with a jog in the
northeast right-of-way line of said Friesenhahn Road to a 10-inch
x10-inch concrete fence post found for a south corner of this tract;
THENCE; North 76 24' 13" West - 936.14 feet with the
northeast right-of-way line of said Friesenhahn Road to a 5/8-inch
iron rod with cap set for a west corner of this tract;
THENCE; North 14 03' 37" East - 10.20 feet with a jog in the
northeast right-of-way line of said Friesenhahn Road to a 1/2-inch
iron rod found for an interior corner of this tract;
THENCE; North 75 11' 12" West - 503.39 feet with the
northeast right-of-way line of said Friesenhahn Road to a 1/2-inch
iron rod found for a southwest corner of this tract;
THENCE; North 01 08' 08" West - 848.44 feet with the west line
of said Lot 1 and with the east line of a 19.21 acre tract of land
conveyed to O.J. Riedel, Trustee, as recorded in Volume 724, Page
541 of the Guadalupe County Deed Records to a 1/2-inch iron rod
found for an angle point of this tract;
THENCE; North 01 28' 34" West - 551.15 feet with the west line
of said Lot 1 and with the east line of Westgate Subdivision,
according tot he map or plat recorded in Volume 4, Page 96 of the
Guadalupe County Map Records to a 5/8-inch iron rod with cap set for
an angle point of this tract;
THENCE; North 01 22' 32" West - 1,262.61 feet with the west
line of said Lot 1 and with the east line of said Westgate
Subdivision to a concrete monument disk found in the southwest
right-of-way line of F.M. Highway 78 (right-of-way varies) for a
northwest corner of this tract;
THENCE; South 76 33' 09" East - 1,256.79 feet with the
southwest right-of-way line of said F.M. Highway 78 to a 5/8-inch
iron rod with cap set for a northeast corner of this tract; from
which a metal fence post bears South 00 50' 29" East - 0.91 feet;
THENCE; South 00 50' 29" East - 741.45 feet with an east line
of said Lot 1 and with the west line of an 11.684 acre tract of land
conveyed to Fernon J. Schievelbein, as recorded in Volume 476, Page
679 of the Guadalupe County Deed Records to a 10-inch x 10-inch
concrete fence post found for an interior corner of this tract;
THENCE; South 76 36' 44" East with the northeast line of said
Lot 1 and with the southwest line of said 11.684 acre tract, with
the southwest line of a tract of land conveyed to Fernon J.
Schievelbein, as recorded in Volume 1000, Page 572 of the Guadalupe
County Deed Records, and with the southwest line of a 13.730 acre
tract of land conveyed to Fernon J. Schievelbein, as recorded in
Volume 476, Page 679 of the Guadalupe County Deed Records at a
distance of 1,604.24 feet pass a 1/2-inch iron rod in concrete found
and continuing for a total distance of 1,893.61 feet with the
northeast line of said Lot 2 to a 10-inch x10-inch concrete fence
post found for an interior corner of this tract;
THENCE: North 01 09' 52" West - 747.68 feet with a west line
of said Lot 2 and with the east line of said 13.730 acre tract to a
concrete monument found in the southwest right-of-way line of said
F.M. Highway 78 for a northwest corner of this tract;
THENCE; South 78 44' 39" East - 972.43 feet with the
southwest right-of-way line of said F.M. Highway 78 to a concrete
monument found for an angle point of this tract;
THENCE; South 76 37' 15" East - 737.62 feet with the
southwest right-of-way line of said F.M. Highway 78 to a 2-inch iron
pipe found for the most easterly northeast corner of this tract;
THENCE; South 01 17' 10" East - 1,097.52 feet with a east line
of said Lot 2 and with the west line of a tract of land conveyed to
Superior Energy Group, Ltd., as recorded in Volume 732, Page 1301 of
the Guadalupe County Deed Records to a 1/2-inch iron rod found for a
southeast corner of this tract;
THENCE; South 87 34' 00" West - 711.09 feet with a south line
of said Lot 2 to a 1/2-inch iron rod with cap in concrete found for
an interior corner of this tract; from which a bent 1-inch iron pipe
bears South 87 34' 10" West - 2.83 feet;
THENCE; South 01 22' 58" East - 1,116.97 feet with the east
line of said Lot 2 to a 6 foot chain link fence corner found for an
angle point of this tract;
THENCE; South 00 15' 22" East - 290.39 feet with the east line
of said Lot 2 to a 1/2-inch iron rod with cap stamped 'Kling' found
for a southeast corner of this tract;
THENCE; North 76 54' 03" West - 62.59 feet with the northeast
right-of-way line of said Friesenhahn Road to a 5/8-inch iron rod
with cap set for an interior corner of this tract;
THENCE; South 01 04' 17" East - 718.65 feet with the east line
of said Lot 2 to a brass disk found in the northwest right-of-way
line of said Interstate Highway 10 for the most southerly southeast
corner of this tract; from which a 1/2-inch iron rod with cap 'B&A'
bears South 55 35' 30" West - 0.53 feet;
THENCE; South 51 29' 46" West with the southeast line of said
Lot 2 and with the northwest right-of-way line of said Interstate
Highway 10, at a distance of 489.92 feet pass a 1/2-inch iron rod
with cap stamped 'B&A' found and continuing with the southeast line
of said Lot 3 for a total distance of 870.11 feet to a brass monument
disk found for an angle point of this tract;
THENCE; South 54 44' 17" West - 652.94 feet with the
northwest right-of-way line of said Interstate Highway 10 to a
brass monument disk found for an angle point of this tract;
THENCE; South 58 04' 52" West - 1,419.28 feet with the
northwest right-of-way line of said Interstate Highway 10 to a
3/4-inch square bar found for an angle point of this tract;
THENCE; South 61 55' 18" West - 999.03 feet with the
northwest right-of-way line of said Interstate Highway 10 to a
1/2-inch iron rod with cap stamped 'Kling' found for an angle point
of this tract;
THENCE; South 69 00' 37" West - 561.36 feet with the
northwest right-of-way line of said Interstate Highway 10 to the
POINT OF BEGINNING and containing 539.0054 acres (23,479,075 square
feet) 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.