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Texas Senate Bill SB2539

Texas 2009 - 81st Regular

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11 By: Wentworth S.B. No. 2539
22
33
44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to the creation of the Comal County Water Control and
77 Improvement District No. 6; providing authority to impose a tax and
88 issue bonds; granting a limited power of eminent domain.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle I, Title 6, Special District Local Laws
1111 Code, is amended by adding Chapter 9037 to read as follows:
1212 CHAPTER 9037. COMAL COUNTY WATER CONTROL AND IMPROVEMENT
1313 DISTRICT NO. 6
1414 SUBCHAPTER A. GENERAL PROVISIONS
1515 Sec. 9037.001. DEFINITIONS. In this chapter:
1616 (1) "Board" means the district's board of directors.
1717 (2) "Director" means a board member.
1818 (3) "District" means the Comal County Water Control
1919 and Improvement District No. 6.
2020 Sec. 9037.002. NATURE OF DISTRICT. The district is a water
2121 control and improvement district created under Section 59, Article
2222 XVI, Texas Constitution.
2323 Sec. 9037.003. CONFIRMATION AND DIRECTORS' ELECTION
2424 REQUIRED. The temporary directors shall hold an election to
2525 confirm the creation of the district and to elect five permanent
2626 directors as provided by Section 49.102, Water Code.
2727 Sec. 9037.004. CONSENT REQUIRED. (a) The temporary
2828 directors may not hold an election under Section 9037.003 until:
2929 (1) each municipality in whose corporate limits or
3030 extraterritorial jurisdiction the district is located has
3131 consented by ordinance or resolution to the creation of the
3232 district and to the inclusion of land in the district;
3333 (2) each municipality in whose extraterritorial
3434 jurisdiction the district is located has:
3535 (A) approved and entered into a strategic
3636 partnership agreement with the district under Section 43.0751,
3737 Local Government Code; and
3838 (B) approved and entered into a development
3939 agreement with the owners of land in the district under Section
4040 212.172, Local Government Code;
4141 (3) an agreement that addresses the provision of water
4242 and wastewater treatment to the land in the district has been
4343 approved and entered into by:
4444 (A) each municipality in whose extraterritorial
4545 jurisdiction the district is located;
4646 (B) the commissioners court of each county in
4747 which the district is located;
4848 (C) a retail or wholesale provider of water and
4949 wastewater treatment; and
5050 (D) the owners of land in the district;
5151 (4) the commissioners court of each county in which
5252 the district is located has issued an order making the findings
5353 under Sections 51.021(a)(1), (2), (3), and (4), Water Code; and
5454 (5) the commissioners court of each county in which
5555 the district is located has approved and entered into an agreement
5656 with the district that must include, but is not limited to,
5757 provisions relating to the use of county right-of-way, the
5858 district's exercise of the power of eminent domain outside the
5959 boundaries of the district, drainage serving the land in the
6060 district, platting of land in the district, and the provision of
6161 water and wastewater treatment to the land in the district.
6262 (b) A municipality that contains district territory in its
6363 corporate limits or extraterritorial jurisdiction may include in
6464 its consent to the creation of the district any restriction on or
6565 condition to the consent, including a limitation on the powers of
6666 the district otherwise granted by this chapter.
6767 (c) Sections 51.022-51.025, Water Code, do not apply to the
6868 district or the order of the county under Subsection (a)(4).
6969 Sec. 9037.005. EXTRATERRITORIAL STATUS. All of the land
7070 included in the district, as approved by the City of Bulverde for
7171 inclusion in the district, is included in the extraterritorial
7272 jurisdiction of the City of Bulverde on adoption of the resolution
7373 or ordinance consenting to the creation of the district by the
7474 governing body of the City of Bulverde.
7575 Sec. 9037.006. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
7676 The district is created to serve a public purpose and benefit.
7777 (b) The district is created to accomplish the purposes of:
7878 (1) a water control and improvement district as
7979 provided by general law and Section 59, Article XVI, Texas
8080 Constitution, as limited by this chapter, including the disposal of
8181 waste and control of storm water; and
8282 (2) Section 52, Article III, Texas Constitution, as
8383 limited by this chapter, that relate to the construction,
8484 acquisition, improvement, operation, or maintenance of
8585 macadamized, graveled, or paved roads, or improvements, including
8686 storm drainage, in aid of those roads.
8787 Sec. 9037.007. INITIAL DISTRICT TERRITORY. (a) The
8888 district is initially composed of the territory described by
8989 Section 2 of the Act creating this chapter.
9090 (b) The boundaries and field notes contained in Section 2 of
9191 the Act creating this chapter form a closure. A mistake made in the
9292 field notes or in copying the field notes in the legislative process
9393 does not affect the district's:
9494 (1) organization, existence, or validity;
9595 (2) right to issue any type of bond for the purposes
9696 for which the district is created or to pay the principal of and
9797 interest on a bond;
9898 (3) right to impose a tax; or
9999 (4) legality or operation.
100100 [Sections 9037.008-9037.050 reserved for expansion]
101101 SUBCHAPTER B. BOARD OF DIRECTORS
102102 Sec. 9037.051. GOVERNING BODY; TERMS. (a) The district is
103103 governed by a board of five elected directors.
104104 (b) Except as provided by Section 9037.052, directors serve
105105 staggered four-year terms.
106106 Sec. 9037.052. TEMPORARY DIRECTORS. (a) The temporary
107107 board consists of:
108108 (1) Shannon Miller;
109109 (2) Jim Leonard;
110110 (3) David Rittenhouse;
111111 (4) George Weron; and
112112 (5) Blaine Lopez.
113113 (b) Temporary directors serve until the earlier of:
114114 (1) the date permanent directors are elected under
115115 Section 9037.003; or
116116 (2) the fourth anniversary of the effective date of
117117 the Act creating this chapter.
118118 (c) If permanent directors have not been elected under
119119 Section 9037.003 and the terms of the temporary directors have
120120 expired, successor temporary directors shall be appointed or
121121 reappointed as provided by Subsection (d) to serve terms that
122122 expire on the earlier of:
123123 (1) the date permanent directors are elected under
124124 Section 9037.003; or
125125 (2) the fourth anniversary of the date of the
126126 appointment or reappointment.
127127 (d) If Subsection (c) applies, the owner or owners of a
128128 majority of the assessed value of the real property in the district
129129 may submit a petition to the Texas Commission on Environmental
130130 Quality requesting that the commission appoint as successor
131131 temporary directors the five persons named in the petition. The
132132 commission shall appoint as successor temporary directors the five
133133 persons named in the petition.
134134 [Sections 9037.053-9037.100 reserved for expansion]
135135 SUBCHAPTER C. POWERS AND DUTIES
136136 Sec. 9037.101. GENERAL POWERS AND DUTIES. The district has
137137 the powers and duties, as limited by this chapter, necessary to
138138 accomplish the purposes for which the district is created.
139139 Sec. 9037.102. WATER CONTROL AND IMPROVEMENT DISTRICT
140140 POWERS AND DUTIES. The district has the powers and duties provided
141141 by the general law of this state, including Chapters 49 and 51,
142142 Water Code, applicable to water control and improvement districts
143143 created under Section 59, Article XVI, Texas Constitution,
144144 including the powers and duties that relate to the disposal of waste
145145 and control of storm water under Section 51.331, Water Code, as
146146 limited by this chapter.
147147 Sec. 9037.103. AUTHORITY FOR ROAD PROJECTS. Under Section
148148 52, Article III, Texas Constitution, as limited by this chapter,
149149 the district may design, acquire, construct, finance, issue bonds
150150 for, improve, operate, maintain, and convey to this state, a
151151 county, or a municipality for operation and maintenance
152152 macadamized, graveled, or paved roads, or improvements, including
153153 storm drainage, in aid of those roads.
154154 Sec. 9037.104. APPROVAL OF ROAD PROJECT. (a) The district
155155 may not undertake a road project authorized by Section 9037.103
156156 unless:
157157 (1) the proposed road project complies with applicable
158158 municipal or county subdivision ordinances or regulations; or
159159 (2) the Texas Transportation Commission has approved
160160 the plans and specifications of the road project, if the state will
161161 operate and maintain the road.
162162 (b) Except as provided by Subsection (a), the district is
163163 not required to obtain approval from the Texas Transportation
164164 Commission to design, acquire, construct, finance, issue bonds for,
165165 improve, or convey a road project.
166166 Sec. 9037.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
167167 OR RESOLUTION. The district shall comply with all applicable
168168 requirements of any ordinance or resolution that is adopted under
169169 Section 42.042 or 42.0425, Local Government Code, and that consents
170170 to the creation of the district or to the inclusion of land in the
171171 district.
172172 Sec. 9037.106. LIMITATION ON USE OF EMINENT DOMAIN. (a) The
173173 district shall not exercise the power of eminent domain outside the
174174 district to acquire a site or easement for:
175175 (1) a road project authorized by Section 9037.103; or
176176 (2) a recreational facility as defined by Section
177177 49.462, Water Code.
178178 (b) The district shall not exercise the power of eminent
179179 domain outside the boundaries of the district for any purpose
180180 unless the proposed exercise is approved by a written resolution of
181181 the commissioners court of each county in which the district is
182182 located.
183183 Sec. 9037.107. WATER AND WASTEWATER INFRASTRUCTURE. The
184184 district may not construct any water or wastewater improvement
185185 unless the plans and specifications for the improvement have been
186186 approved by Comal County, the City of Bulverde, and any wholesale
187187 provider of water or wastewater treatment to the district.
188188 [Sections 9037.108-9037.150 reserved for expansion]
189189 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
190190 Sec. 9037.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
191191 district may issue, without an election, bonds and other
192192 obligations secured by:
193193 (1) revenue other than ad valorem taxes; or
194194 (2) contract payments described by Section 9037.153.
195195 (b) The district must hold an election in the manner
196196 provided by Chapters 49 and 51, Water Code, to obtain voter approval
197197 before the district may impose an ad valorem tax or issue bonds
198198 payable from ad valorem taxes.
199199 (c) The district may not issue bonds payable from ad valorem
200200 taxes to finance a road project unless the issuance is approved by a
201201 vote of a two-thirds majority of the district voters voting at an
202202 election held for that purpose.
203203 Sec. 9037.152. OPERATION AND MAINTENANCE TAX. (a) If
204204 authorized at an election held under Section 9037.151, the district
205205 may impose an operation and maintenance tax on taxable property in
206206 the district in accordance with Section 49.107, Water Code.
207207 (b) The board shall determine the tax rate. The rate may not
208208 exceed the rate approved at the election.
209209 Sec. 9037.153. CONTRACT TAXES. (a) In accordance with
210210 Section 49.108, Water Code, the district may impose a tax other than
211211 an operation and maintenance tax and use the revenue derived from
212212 the tax to make payments under a contract after the provisions of
213213 the contract have been approved by a majority of the district voters
214214 voting at an election held for that purpose.
215215 (b) A contract approved by the district voters may contain a
216216 provision stating that the contract may be modified or amended by
217217 the board without further voter approval.
218218 [Sections 9037.154-9037.200 reserved for expansion]
219219 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
220220 Sec. 9037.201. AUTHORITY TO ISSUE BONDS AND OTHER
221221 OBLIGATIONS. The district may issue bonds or other obligations
222222 payable wholly or partly from ad valorem taxes, impact fees,
223223 revenue, contract payments, grants, or other district money, or any
224224 combination of those sources, to pay for any authorized district
225225 purpose.
226226 Sec. 9037.202. TAXES FOR BONDS. At the time the district
227227 issues bonds payable wholly or partly from ad valorem taxes, the
228228 board shall provide for the annual imposition of a continuing
229229 direct ad valorem tax, without limit as to rate or amount, while all
230230 or part of the bonds are outstanding as required and in the manner
231231 provided by Section 51.433, Water Code.
232232 Sec. 9037.203. BONDS FOR ROAD PROJECTS. At the time of
233233 issuance, the total principal amount of bonds or other obligations
234234 issued or incurred to finance road projects and payable from ad
235235 valorem taxes may not exceed one-fourth of the assessed value of the
236236 real property in the district.
237237 SECTION 2. The Comal County Water Control and Improvement
238238 District No. 6 initially includes all the territory contained in
239239 the following area:
240240 FIELD NOTES OF A SURVEY OF 262.464 acres consisting of
241241 approximately 0.24 acres out of the Christian Hofheinz Survey No.
242242 845, Abstract 711, approximately 86.87 acres out of the Hugh White
243243 Survey No. 430, Abstract 658, approximately 83.08 acres out of the
244244 Heinrich Kabelmacher Survey No. 936, Abstract 842 and approximately
245245 92.274 acres out of the Mary McVicar Survey No. 238, Abstract 387,
246246 Comal County, Texas, being a portion of that 277.39-acre tract of
247247 land described in deed of record in Document No. 200506038360 of the
248248 Official Public Records of Comal County, Texas and being more
249249 particularly described by metes and bounds, as surveyed, as
250250 follows:
251251 Beginning at an 1/2" iron bar with a Paul T. Carey cap found
252252 set in the ground in the south right-of-way line of State Hwy. No.
253253 46, the northeast corner of a 277.39-acre tract of land described in
254254 deed of record in Document No. 200506038360 of the Official Public
255255 Records of Comal County, Texas and the northwest corner of a
256256 37.9291-acre tract of land described as Tract 5 in deed of record in
257257 Volume 604 at page 294 of the Official Public Records of Comal
258258 County, Texas, for the northeast corner of this tract;
259259 Thence S 924'25" W with the east boundary line of said
260260 277.39-acre tract and the west boundary line of said 37.9291-acre
261261 tract of land described as Tract 5, a 37.9291-acre tract of land
262262 described as Tract 6 in deed of record in Volume 604 at page 294 of
263263 the Official Public Records of Comal County, Texas and a
264264 37.9291-acre tract of land described as Tract 7 in deed of record in
265265 Volume 604 at page 294 of the Official Public Records of Comal
266266 County, Texas in deed of record in Volume 604 at page 294 of the
267267 Official Public Records of Comal County, Texas a distance of
268268 4,089.90 feet to an iron bar found set in the ground, the southeast
269269 corner of said 277.39-acre tract, the southwest corner of said
270270 37.9291-acre tract of land described as Tract 7 and the northwest
271271 corner of a 528.84-acre tract of land described in deed of record in
272272 Volume 107 at page 404 of the Deed Records of Comal County, Texas,
273273 for the southeast corner of this tract;
274274 Thence S 8941'40" W with the south boundary line of said
275275 277.39-acre tract a distance of 2,865.80 feet to a point, for the
276276 southwest corner of this tract, whence an iron bar found set in the
277277 ground in the west right-of-way line of Blanco Road, the southwest
278278 corner of said 277.39-acre tract, bears S 8941'40" W a distance of
279279 200.03 feet;
280280 Thence N 039'47" E crossing said 277.39-acre tract 200.00
281281 feet from and parallel to the east right-of-way line of Blanco Road
282282 and the west boundary line of said 277.39-acre tract a distance of
283283 3,257.33 feet to a point in the north boundary line of said
284284 277.39-acre tract and the south boundary line of a 50.71-acre tract
285285 of land described in deed of record in Volume 95 at page 155 of the
286286 Deed Records of Comal County, Texas, for the northwest corner of
287287 this tract, whence an 1/2" iron bar with a Paul T. Carey cap found
288288 set in the ground in the west right-of-way line of Blanco Road, the
289289 northwest corner of said 277.39-acre tract, bears S 8931'30" W a
290290 distance of 200.04 feet;
291291 Thence N 8931'30" E with the north boundary line of said
292292 277.39-acre tract and the south boundary lines of said 50.71-acre
293293 tract and a 55.97-acre tract of land described in deed of record in
294294 Volume 95 at page 159 of the Deed Records of Comal County, Texas a
295295 distance of 1,898.70 feet to an iron bar found set in the ground, a
296296 reentrant corner of said 277.39-acre tract and the southeast corner
297297 of said 55.97-acre tract, for a reentrant corner of this tract;
298298 Thence N 402'58" E with a west boundary line of said
299299 277.39-acre tract and the east boundary line of said 55.97-acre
300300 tract a distance of 926.02 feet to an 1/2" iron bar with a Schwartz
301301 Surveying cap found set in the ground, a corner of said 277.39-acre
302302 tract and a reentrant corner of said 55.97-acre tract, for a corner
303303 of this tract;
304304 Thence S 8119'53" E with a north boundary line of said
305305 277.39-acre tract and a south boundary line of said 55.97-acre
306306 tract a distance of 351.44 feet to an 1/2" iron bar with a Schwartz
307307 Surveying cap found set in the ground, a corner of said 277.39-acre
308308 tract and a corner of said 55.97-acre tract, for a corner of this
309309 tract;
310310 Thence S 8914'50" E with a north boundary line of said
311311 277.39-acre tract and a south boundary line of said 55.97-acre
312312 tract a distance of 493.56 feet to an 1/2" iron bar with an orange
313313 Sinclair and Associates cap set in the ground in the arc of a curve
314314 having a radius of 1,482.39 feet, the south right-of-way line of
315315 State Hwy. No. 46, a corner of said 277.39-acre tract and a corner
316316 of said 55.97-acre tract, for a corner of this tract;
317317 Thence curve left in a southeasterly direction along the arc
318318 of said curve having a radius of 1,482.39 feet with the south
319319 right-of-way line of State Hwy. No. 46 and a north boundary line of
320320 said 277.39-acre tract, through a central angle of 1758'53", a
321321 chord bearing and distance of S 7948'28" E - 463.32 feet, a distance
322322 of 465.22 feet to an 1/2" iron bar with an orange Sinclair and
323323 Associates cap set in the ground, a corner of said 277.39-acre
324324 tract, for a corner of this tract;
325325 Thence S 8847'55" E with the south right-of-way line of State
326326 Hwy. No. 46 and a north boundary line of said 277.39-acre tract a
327327 distance of 235.62 feet to the point of beginning.
328328 Containing 262.464 acres (11,432,924 square feet) of land,
329329 more or less.
330330 SECTION 3. (a) The legal notice of the intention to
331331 introduce this Act, setting forth the general substance of this
332332 Act, has been published as provided by law, and the notice and a
333333 copy of this Act have been furnished to all persons, agencies,
334334 officials, or entities to which they are required to be furnished
335335 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
336336 Government Code.
337337 (b) The governor, one of the required recipients, has
338338 submitted the notice and Act to the Texas Commission on
339339 Environmental Quality.
340340 (c) The Texas Commission on Environmental Quality has filed
341341 its recommendations relating to this Act with the governor, the
342342 lieutenant governor, and the speaker of the house of
343343 representatives within the required time.
344344 (d) All requirements of the constitution and laws of this
345345 state and the rules and procedures of the legislature with respect
346346 to the notice, introduction, and passage of this Act are fulfilled
347347 and accomplished.
348348 SECTION 4. This Act takes effect immediately if it receives
349349 a vote of two-thirds of all the members elected to each house, as
350350 provided by Section 39, Article III, Texas Constitution. If this
351351 Act does not receive the vote necessary for immediate effect, this
352352 Act takes effect September 1, 2009.