By: Watson S.B. No. 1916
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Southeast Travis County Municipal
Utility District No. 4; 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 8____ to read as follows:
CHAPTER 8___. SOUTHEAST TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT
NO._4
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8___.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Southeast Travis County
Municipal Utility District No. 4.
Sec. 8___.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8___.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. 8___.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8___.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8___.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. 8___.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 8___.007-8___.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8___.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8___.052, directors serve
staggered four-year terms.
Sec. 8___.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 8___.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 8___.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 8___.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 commission 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 8___.053-8___.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8___.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8___.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. 8___.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the commission as required by Section 54.234, Water Code.
Sec. 8___.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8___.103
unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved
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. 8___.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Sec. 8___.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 8___.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8___.107-8___.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8___.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 8___.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. 8___.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8___.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. 8___.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 8___.154-8___.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8___.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. 8___.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. 8___.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 Southeast Travis County Municipal Utility
District No. 4 initially includes all the territory contained in
the following area:
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF
THE JOSE ANTONIO NAVARRO SURVEY, ABSTRACT 18, SITUATED IN TRAVIS
COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED
AS BEING A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND
CONVEYED TO QUALICO CR, LP IN DOCUMENT NUMBER 2008139825, A PORTION
OF THAT CERTAIN 362.872 ACRE TRACT OF LAND CONVEYED TO QUALICO CR,
LP IN DOCUMENT NUMBER 2008082363, ALL OF THAT CERTAIN 184.382 ACRE
TRACT OF LAND CONVEYED TO QUALICO CR, LP IN DOCUMENT NUMBER
2010119925 AND A PORTION OF THAT CERTAIN 161.518 ACRE TRACT OF LAND
CONVEYED TO QUALICO CR, LP IN DOCUMENT NUMBER 2009141317 ALL OF THE
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, SAID TRACT OF LAND
BEING 378.452 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING, at an iron rod found at the southeast corner of said
74.590 acre Qualico CR, LP tract, also being the southwest corner of
said 161.518 acre Qualico CR, LP tract, also being a point on the
northern right-of-way line of Pearce Lane, a varying width public
roadway, for the POINT OF BEGINNING of the herein described tract,
THENCE, with the southern boundary line of said 74.590 acre Qualico
CR, LP tract and the northern right-of-way line of said Pearce Lane,
the following two (2) courses and distances numbered 1 and 2,
1. N64°19'11"W a distance of 92.92 feet to an iron rod
found at the point of curvature to the left,
2. with said curve to the left having a radius of
9419.72 feet, an arc length of 502.24 feet, and whose chord
bears N65°59'24"W, a distance of 502.18 feet to an iron rod
found,
THENCE, leaving the northern right-of-way line of said Pearce Lane,
and crossing said 74.590 acre Qualico CR, LP tract, the said 161.518
acre Qualico CR, LP tract, and the 362.872 acre Qualico CR, LP tract
, the following twelve (12) courses and distances, numbered 1
through 12,
1. N59°39'27"E, a distance of 145.30 feet to a
calculated point,
2. S77°46'45"E, a distance of 440.15 feet to a
calculated point,
3. S84°08'57"E, a distance of 722.01 feet to a
calculated point,
4. N45°54'29"E, a distance of 698.92 feet to a
calculated point,
5. N08°39'51"E, a distance of 919.38 feet to a
calculated point,
6. N55°53'27"W, a distance of 506.81 feet to a
calculated point,
7. N16°17'52"W, a distance of 1014.45 feet to a
calculated point,
8. N62°26'37"E, a distance of 544.11 feet to a
calculated point,
9. N30°27'47"E, a distance of 295.08 feet to a
calculated point,
10. N18°05'14"W, a distance of 633.66 feet to a
calculated point,
11. N31°33'30"E, a distance of 578.23 feet to a
calculated point,
12. N30°19'13"E, a distance of 1597.94 feet to an iron
rod found on the north line of said 362.872 acre Qualico CR,
LP tract, and in the south line of a 147.806 acre tract
conveyed to Gregory C. Weiss and Virginia G. Bassett tract,
recorded in Document Number 2006186612,
THENCE, with the common southern boundary line of said 147.806 acre
Gregory C. Weiss and Virginia G. Bassett tract and the northern
boundary line of said 362.872 acre Qualico CR, LP tract,
S63°19'24"E, a distance of 699.61 feet to the northwest corner of
said 184.382 Qualico CR, LP tract,
THENCE, with the common southern boundary line of said 147.806 acre
Gregory C. Weiss and Virginia G. Bassett tract and the northern
boundary line of said 184.382 acre Qualico CR, LP tract,
S63°21'31"E, a distance of 2403.99 feet to an iron rod found at the
northeast corner of said 184.382 acre Qualico CR, LP tract, also
being in the westerly right-of-way line of Wolfe Lane, a varying
width public roadway,
THENCE, with the common boundary line of said 184.382 acre Qualico
CR, LP tract and the west right-of-way line of said Wolfe Lane, the
following nine (9) courses and distances, numbered 1 through 9,
1. S28°41'05"W, a distance of 93.30 feet to an iron rod
found,
2. S28°01'16"W, a distance of 387.32 feet to an iron rod
found,
3. S27°56'22"W, a distance of 289.74 feet to an iron rod
found,
4. S27°35'22"W, a distance of 341.84 feet to an iron rod
found,
5. S27°21'56"W, a distance of 191.88 feet to an iron rod
found,
6. S26°52'52"W, a distance of 541.29 feet to an iron rod
found,
7. S27°04'44"W, a distance of 1120.79 feet to an iron rod
found,
8. S27°32'04"W, a distance of 329.70 feet to an iron rod
found,
9. S27°38'13"W, a distance of 195.47 feet to an iron rod
found, in the west right-of-way line of said Wolfe Lane and in
the west line of said 161.518 acre Qualico CR, LP tract,
THENCE, with the common boundary line of said 161.518 acre Qualico
CR, LP tract and the west right-of-way line of said Wolfe Lane, the
following two (2) courses and distances, numbered 1 and 2,
1. S27°17'41"W, a distance of 103.86 feet to an iron rod
found,
2. S27°06'59"W, a distance of 2038.07 feet to a
calculated point,
THENCE, leaving right-of-way line of said Wolfe Lane and crossing
said 161.518 acre Qualico CR, LP tract, S39°14'43"W, a distance of
856.86 feet to an iron rod found in the south line of said 161.518
acre Qualico CR, LP tract, also being in the northerly right-of-way
line of said Pearce Lane, for the point of curvature to the left,
THENCE, with the common boundary line of said 161.518 acre Qualico
CR, LP tract and the north right-of-way line of said Pearce Lane,
the following six (6) courses and distances, numbered 1 through 6,
1. with said curve to the left having a radius of
2576.23 feet, an arc length of 451.04 feet, and whose chord
bears N46°34'33"W, a distance of 450.46 feet to an iron rod
found,
2. N51°35'30"W, a distance of 194.12 feet to an iron rod
found at the point of curvature to the left,
3. with said curve to the left having a radius of
8327.42 feet, an arc length of 502.55 feet, and whose chord
bears N53°20'29"W, a distance of 502.47 feet to an iron rod
found,
4. N55°04'13"W, a distance of 181.98 feet to an iron rod
found at the point of curvature to the left,
5. with said curve to the left having a radius of
3174.03 feet, an arc length of 506.11 feet, and whose chord
bears N59°48'40"W, a distance of 505.58 feet to an iron rod
found and
6. N64°22'45"W, a distance of 434.44 feet to the POINT OF
BEGINNING, and containing 378.452 acres 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. (a) Section 8___.106, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all
members elected to each house, Subchapter C, Chapter 8___, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 8___.106 to read as follows:
Section 8___.106. NO EMINENT DOMAIN POWER. The District may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17©,
Article I, Texas Constitution.
SECTION 5. Except as provided by Section 4 of this Act:
(1) this Act takes effect immediately if it receives a
vote of two-thirds of all members elected to each house, as provided
by Section 39, Article III, Texas Constitution; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2011.