Texas 2011 - 82nd Regular

Texas Senate Bill SB1916 Compare Versions

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1	1	By: Watson, Zaffirini S.B. No. 1916
2	2	(Rodriguez)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Southeast Travis County Municipal
7	7	Utility District No. 4; providing authority to impose a tax and
8	8	issue bonds.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 8385 to read as follows:
12	12	CHAPTER 8385. SOUTHEAST TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT
13	13	NO. 4
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8385.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Southeast Travis County
21	21	Municipal Utility District No. 4.
22	22	(5) "Municipality" means a municipality in whose
23	23	corporate limits or extraterritorial jurisdiction the district is
24	24	located.
25	25	Sec. 8385.002. NATURE OF DISTRICT. The district is a
26	26	municipal utility district created under Section 59, Article XVI,
27	27	Texas Constitution.
28	28	Sec. 8385.003. CONFIRMATION AND DIRECTORS' ELECTION
29	29	REQUIRED. The temporary directors shall hold an election to
30	30	confirm the creation of the district and to elect permanent
31	31	directors as provided by Section 8385.051 of this code and Section
32	32	49.102, Water Code.
33	33	Sec. 8385.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The
34	34	temporary directors may not hold an election under Section 8385.003
35	35	until each municipality has consented by ordinance or resolution to
36	36	the creation of the district and to the inclusion of land in the
37	37	district.
38	38	(b) If a municipality does not consent to the creation of
39	39	the district or if the district does not enter into an agreement
40	40	required by the terms of the municipal ordinance or resolution
41	41	consenting to the creation of the district under this section
42	42	before September 1, 2012:
43	43	(1) the district is dissolved September 1, 2012,
44	44	except that:
45	45	(A) any debts incurred shall be paid;
46	46	(B) any assets that remain after the payment of
47	47	debts shall be transferred to the municipality or another local
48	48	governmental entity to be used for a public purpose; and
49	49	(C) the organization of the district shall be
50	50	maintained until all debts are paid and remaining assets are
51	51	transferred; and
52	52	(2) this chapter expires September 1, 2012.
53	53	Sec. 8385.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
54	54	(a) The district is created to serve a public purpose and benefit.
55	55	(b) The district is created to accomplish the purposes of:
56	56	(1) a municipal utility district as provided by
57	57	general law and Section 59, Article XVI, Texas Constitution; and
58	58	(2) Section 52, Article III, Texas Constitution, that
59	59	relate to the construction, acquisition, or improvement of
60	60	macadamized, graveled, or paved roads described by Section 54.234,
61	61	Water Code, or improvements, including storm drainage, in aid of
62	62	those roads.
63	63	Sec. 8385.006. INITIAL DISTRICT TERRITORY. (a) The
64	64	district is initially composed of the territory described by
65	65	Section 2 of the Act enacting this chapter.
66	66	(b) The boundaries and field notes contained in Section 2 of
67	67	the Act enacting this chapter form a closure. A mistake made in the
68	68	field notes or in copying the field notes in the legislative process
69	69	does not affect the district's:
70	70	(1) organization, existence, or validity;
71	71	(2) right to issue any type of bond for the purposes
72	72	for which the district is created or to pay the principal of and
73	73	interest on a bond;
74	74	(3) right to impose a tax; or
75	75	(4) legality or operation.
76	76	[Sections 8385.007-8385.050 reserved for expansion]
77	77	SUBCHAPTER B. BOARD OF DIRECTORS
78	78	Sec. 8385.051. GOVERNING BODY; TERMS. (a) Except as
79	79	provided by Subsection (b), the district is governed by a board of
80	80	five elected directors.
81	81	(b) If required under the terms of the agreement, ordinance,
82	82	or resolution by which a municipality consents to the creation of
83	83	the district, the board consists of:
84	84	(1) four elected directors; and
85	85	(2) one director appointed by the governing body of
86	86	the municipality.
87	87	(c) A director appointed under Subsection (b)(2) is not
88	88	required to be a qualified voter of the district or to own land
89	89	subject to taxation in the district.
90	90	(d) Except as provided by Section 8385.052, directors serve
91	91	staggered four-year terms. A permanent director may not serve more
92	92	than two four-year terms.
93	93	(e) The common law doctrine of incompatibility does not
94	94	disqualify an official or employee of a municipality from being
95	95	appointed a director by the governing body of a municipality under
96	96	Subsection (b)(2), and a director appointed to the board may
97	97	continue to serve in a public office of or be employed by the
98	98	municipality.
99	99	Sec. 8385.052. TEMPORARY DIRECTORS. (a) On or after the
100	100	effective date of the Act enacting this chapter, the owner or owners
101	101	of a majority of the assessed value of the real property in the
102	102	district may submit a petition to the commission requesting that
103	103	the commission appoint as temporary directors the five persons
104	104	named in the petition. The commission shall appoint as temporary
105	105	directors the five persons named in the petition.
106	106	(b) Temporary directors serve until the earlier of:
107	107	(1) the date permanent directors are elected under
108	108	Section 8385.003; or
109	109	(2) the fourth anniversary of the effective date of
110	110	the Act enacting this chapter.
111	111	(c) If permanent directors have not been elected under
112	112	Section 8385.003 and the terms of the temporary directors have
113	113	expired, successor temporary directors shall be appointed or
114	114	reappointed as provided by Subsection (d) to serve terms that
115	115	expire on the earlier of:
116	116	(1) the date permanent directors are elected under
117	117	Section 8385.003; or
118	118	(2) the fourth anniversary of the date of the
119	119	appointment or reappointment.
120	120	(d) If Subsection (c) applies, the owner or owners of a
121	121	majority of the assessed value of the real property in the district
122	122	may submit a petition to the commission requesting that the
123	123	commission appoint as successor temporary directors the five
124	124	persons named in the petition. The commission shall appoint as
125	125	successor temporary directors the five persons named in the
126	126	petition.
127	127	[Sections 8385.053-8385.100 reserved for expansion]
128	128	SUBCHAPTER C. POWERS AND DUTIES
129	129	Sec. 8385.101. GENERAL POWERS AND DUTIES. The district has
130	130	the powers and duties necessary to accomplish the purposes for
131	131	which the district is created.
132	132	Sec. 8385.102. MUNICIPAL UTILITY DISTRICT POWERS AND
133	133	DUTIES. The district has the powers and duties provided by the
134	134	general law of this state, including Chapters 49 and 54, Water Code,
135	135	applicable to municipal utility districts created under Section 59,
136	136	Article XVI, Texas Constitution.
137	137	Sec. 8385.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
138	138	Section 52, Article III, Texas Constitution, the district may
139	139	design, acquire, construct, finance, issue bonds for, improve, and
140	140	convey to this state, a county, or a municipality for operation and
141	141	maintenance macadamized, graveled, or paved roads described by
142	142	Section 54.234, Water Code, or improvements, including storm
143	143	drainage, in aid of those roads.
144	144	(b) The district may exercise the powers provided by this
145	145	section without submitting a petition to or obtaining approval from
146	146	the commission as required by Section 54.234, Water Code.
147	147	Sec. 8385.104. APPROVAL OF ROAD PROJECT. (a) The district
148	148	may not undertake a road project authorized by Section 8385.103
149	149	unless:
150	150	(1) each municipality or county that will operate and
151	151	maintain the road has approved the plans and specifications of the
152	152	road project, if a municipality or county will operate and maintain
153	153	the road; or
154	154	(2) the Texas Transportation Commission has approved
155	155	the plans and specifications of the road project, if the state will
156	156	operate and maintain the road.
157	157	(b) Except as provided by Subsection (a), the district is
158	158	not required to obtain approval from the Texas Transportation
159	159	Commission to design, acquire, construct, finance, issue bonds for,
160	160	improve, or convey a road project.
161	161	Sec. 8385.105. COMPLIANCE WITH AND ENFORCEABILITY OF
162	162	MUNICIPAL CONSENT AGREEMENT, ORDINANCE, OR RESOLUTION. (a) The
163	163	district shall comply with all applicable requirements of any
164	164	ordinance or resolution that is adopted under Section 54.016 or
165	165	54.0165, Water Code, and that consents to the creation of the
166	166	district or to the inclusion of land in the district.
167	167	(b) Any agreement between the district and a municipality
168	168	related to the municipality's consent to the creation of the
169	169	district is valid and enforceable.
170	170	(c) On the issuance of bonds by the district, the district
171	171	is considered to have waived sovereign immunity to suit by a
172	172	municipality for the purpose of adjudicating a claim for breach of
173	173	an agreement described by this section.
174	174	Sec. 8385.106. CONTRACT TO FURTHER REGIONAL COOPERATION.
175	175	The district and a municipality may contract on terms that the board
176	176	and governing body of the municipality agree will further regional
177	177	cooperation between the district and the municipality.
178	178	Sec. 8385.107. NO EMINENT DOMAIN POWER. The district may
179	179	not exercise the power of eminent domain.
180	180	[Sections 8385.108-8385.150 reserved for expansion]
181	181	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
182	182	Sec. 8385.151. ELECTIONS REGARDING TAXES OR BONDS.
183	183	(a) The district may issue, without an election, bonds and other
184	184	obligations secured by:
185	185	(1) revenue other than ad valorem taxes; or
186	186	(2) contract payments described by Section 8385.153.
187	187	(b) The district must hold an election in the manner
188	188	provided by Chapters 49 and 54, Water Code, to obtain voter approval
189	189	before the district may impose an ad valorem tax or issue bonds
190	190	payable from ad valorem taxes.
191	191	(c) The district may not issue bonds payable from ad valorem
192	192	taxes to finance a road project unless the issuance is approved by a
193	193	vote of a two-thirds majority of the district voters voting at an
194	194	election held for that purpose.
195	195	Sec. 8385.152. OPERATION AND MAINTENANCE TAX. (a) If
196	196	authorized at an election held under Section 8385.151, the district
197	197	may impose an operation and maintenance tax on taxable property in
198	198	the district in accordance with Section 49.107, Water Code.
199	199	(b) The board shall determine the tax rate. The rate may not
200	200	exceed the rate approved at the election.
201	201	(c) If required by an agreement between the district and a
202	202	municipality under Section 8385.105, the total ad valorem tax rate
203	203	of the district may not be less than the total ad valorem tax rate of
204	204	the municipality.
205	205	Sec. 8385.153. CONTRACT TAXES. (a) In accordance with
206	206	Section 49.108, Water Code, the district may impose a tax other than
207	207	an operation and maintenance tax and use the revenue derived from
208	208	the tax to make payments under a contract after the provisions of
209	209	the contract have been approved by a majority of the district voters
210	210	voting at an election held for that purpose.
211	211	(b) A contract approved by the district voters may contain a
212	212	provision stating that the contract may be modified or amended by
213	213	the board without further voter approval.
214	214	[Sections 8385.154-8385.200 reserved for expansion]
215	215	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
216	216	Sec. 8385.201. AUTHORITY TO ISSUE BONDS AND OTHER
217	217	OBLIGATIONS. The district may issue bonds or other obligations
218	218	payable wholly or partly from ad valorem taxes, impact fees,
219	219	revenue, contract payments, grants, or other district money, or any
220	220	combination of those sources, to pay for any authorized district
221	221	purpose.
222	222	Sec. 8385.202. TAXES FOR BONDS. At the time the district
223	223	issues bonds payable wholly or partly from ad valorem taxes, the
224	224	board shall provide for the annual imposition of a continuing
225	225	direct ad valorem tax, without limit as to rate or amount, while all
226	226	or part of the bonds are outstanding as required and in the manner
227	227	provided by Sections 54.601 and 54.602, Water Code.
228	228	Sec. 8385.203. BONDS FOR ROAD PROJECTS. At the time of
229	229	issuance, the total principal amount of bonds or other obligations
230	230	issued or incurred to finance road projects and payable from ad
231	231	valorem taxes may not exceed one-fourth of the assessed value of the
232	232	real property in the district.
233	233	[Sections 8385.204-8385.250 reserved for expansion]
234	234	SUBCHAPTER F. STRATEGIC PARTNERSHIP AGREEMENT; MUNICIPAL
235	235	ANNEXATION AND NOTICE
236	236	Sec. 8385.251. STRATEGIC PARTNERSHIP; CONTINUATION OF
237	237	DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may
238	238	continue to exist as a limited district after full-purpose
239	239	annexation by a municipality if the district and the annexing
240	240	municipality state the terms of the limited district's existence in
241	241	a strategic partnership agreement under Section 43.0751, Local
242	242	Government Code.
243	243	(b) The strategic partnership agreement may provide for a
244	244	term of any number of years. The limitation in Section
245	245	43.0751(g)(2), Local Government Code, on the length of the term
246	246	does not apply to a limited district created under this section.
247	247	Sec. 8385.252. MUNICIPAL ANNEXATION; NOTICE.
248	248	(a) Sections 43.0561 and 43.0562, Local Government Code, do not
249	249	apply to the annexation of the district by a municipality that
250	250	consents to the creation of the district under Section 8385.004.
251	251	(b) Not later than the 30th day after the date a
252	252	municipality adopts a resolution or ordinance consenting to the
253	253	creation of the district, the municipality shall file, in the real
254	254	property records of the county in which the land to be included in
255	255	the district is located, a notice to a purchaser of real property in
256	256	the district that describes:
257	257	(1) the municipality's authority and intention to
258	258	annex the district; and
259	259	(2) the anticipated date of the annexation.
260	260	(c) After the notice is filed, a person who proposes to sell
261	261	or otherwise convey real property in the district must include the
262	262	information contained in the municipality's notice in the Notice to
263	263	Purchasers required by Section 49.452, Water Code.
264	264	SECTION 2. The Southeast Travis County Municipal Utility
265	265	District No. 4 initially includes all the territory contained in
266	266	the following area:
267	267	BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF
268	268	THE JOSE ANTONIO NAVARRO SURVEY, ABSTRACT 18, SITUATED IN TRAVIS
269	269	COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED
270	270	AS BEING A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND
271	271	CONVEYED TO QUALICO CR, LP IN DOCUMENT NUMBER 2008139825, A PORTION
272	272	OF THAT CERTAIN 362.872 ACRE TRACT OF LAND CONVEYED TO QUALICO CR,
273	273	LP IN DOCUMENT NUMBER 2008082363, ALL OF THAT CERTAIN 184.382 ACRE
274	274	TRACT OF LAND CONVEYED TO QUALICO CR, LP IN DOCUMENT NUMBER
275	275	2010119925 AND A PORTION OF THAT CERTAIN 161.518 ACRE TRACT OF LAND
276	276	CONVEYED TO QUALICO CR, LP IN DOCUMENT NUMBER 2009141317 ALL OF THE
277	277	OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, SAID TRACT OF LAND
278	278	BEING 378.452 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS
279	279	AS FOLLOWS:
280	280	BEGINNING, at an iron rod found at the southeast corner of said
281	281	74.590 acre Qualico CR, LP tract, also being the southwest corner of
282	282	said 161.518 acre Qualico CR, LP tract, also being a point on the
283	283	northern right-of-way line of Pearce Lane, a varying width public
284	284	roadway, for the POINT OF BEGINNING of the herein described tract,
285	285	THENCE, with the southern boundary line of said 74.590 acre Qualico
286	286	CR, LP tract and the northern right-of-way line of said Pearce Lane,
287	287	the following two (2) courses and distances numbered 1 and 2,
288	288	1. N64°19'11"W a distance of 92.92 feet to an iron rod
289	289	found at the point of curvature to the left,
290	290	2. with said curve to the left having a radius of
291	291	9419.72 feet, an arc length of 502.24 feet, and whose chord
292	292	bears N65°59'24"W, a distance of 502.18 feet to an iron rod
293	293	found,
294	294	THENCE, leaving the northern right-of-way line of said Pearce Lane,
295	295	and crossing said 74.590 acre Qualico CR, LP tract, the said 161.518
296	296	acre Qualico CR, LP tract, and the 362.872 acre Qualico CR, LP tract
297	297	, the following twelve (12) courses and distances, numbered 1
298	298	through 12,
299	299	1. N59°39'27"E, a distance of 145.30 feet to a
300	300	calculated point,
301	301	2. S77°46'45"E, a distance of 440.15 feet to a
302	302	calculated point,
303	303	3. S84°08'57"E, a distance of 722.01 feet to a
304	304	calculated point,
305	305	4. N45°54'29"E, a distance of 698.92 feet to a
306	306	calculated point,
307	307	5. N08°39'51"E, a distance of 919.38 feet to a
308	308	calculated point,
309	309	6. N55°53'27"W, a distance of 506.81 feet to a
310	310	calculated point,
311	311	7. N16°17'52"W, a distance of 1014.45 feet to a
312	312	calculated point,
313	313	8. N62°26'37"E, a distance of 544.11 feet to a
314	314	calculated point,
315	315	9. N30°27'47"E, a distance of 295.08 feet to a
316	316	calculated point,
317	317	10. N18°05'14"W, a distance of 633.66 feet to a
318	318	calculated point,
319	319	11. N31°33'30"E, a distance of 578.23 feet to a
320	320	calculated point,
321	321	12. N30°19'13"E, a distance of 1597.94 feet to an iron
322	322	rod found on the north line of said 362.872 acre Qualico CR,
323	323	LP tract, and in the south line of a 147.806 acre tract
324	324	conveyed to Gregory C. Weiss and Virginia G. Bassett tract,
325	325	recorded in Document Number 2006186612,
326	326	THENCE, with the common southern boundary line of said 147.806 acre
327	327	Gregory C. Weiss and Virginia G. Bassett tract and the northern
328	328	boundary line of said 362.872 acre Qualico CR, LP tract,
329	329	S63°19'24"E, a distance of 699.61 feet to the northwest corner of
330	330	said 184.382 Qualico CR, LP tract,
331	331	THENCE, with the common southern boundary line of said 147.806 acre
332	332	Gregory C. Weiss and Virginia G. Bassett tract and the northern
333	333	boundary line of said 184.382 acre Qualico CR, LP tract,
334	334	S63°21'31"E, a distance of 2403.99 feet to an iron rod found at the
335	335	northeast corner of said 184.382 acre Qualico CR, LP tract, also
336	336	being in the westerly right-of-way line of Wolfe Lane, a varying
337	337	width public roadway,
338	338	THENCE, with the common boundary line of said 184.382 acre Qualico
339	339	CR, LP tract and the west right-of-way line of said Wolfe Lane, the
340	340	following nine (9) courses and distances, numbered 1 through 9,
341	341	1. S28°41'05"W, a distance of 93.30 feet to an iron rod
342	342	found,
343	343	2. S28°01'16"W, a distance of 387.32 feet to an iron rod
344	344	found,
345	345	3. S27°56'22"W, a distance of 289.74 feet to an iron rod
346	346	found,
347	347	4. S27°35'22"W, a distance of 341.84 feet to an iron rod
348	348	found,
349	349	5. S27°21'56"W, a distance of 191.88 feet to an iron rod
350	350	found,
351	351	6. S26°52'52"W, a distance of 541.29 feet to an iron rod
352	352	found,
353	353	7. S27°04'44"W, a distance of 1120.79 feet to an iron rod
354	354	found,
355	355	8. S27°32'04"W, a distance of 329.70 feet to an iron rod
356	356	found,
357	357	9. S27°38'13"W, a distance of 195.47 feet to an iron rod
358	358	found, in the west right-of-way line of said Wolfe Lane and in
359	359	the west line of said 161.518 acre Qualico CR, LP tract,
360	360	THENCE, with the common boundary line of said 161.518 acre Qualico
361	361	CR, LP tract and the west right-of-way line of said Wolfe Lane, the
362	362	following two (2) courses and distances, numbered 1 and 2,
363	363	1. S27°17'41"W, a distance of 103.86 feet to an iron rod
364	364	found,
365	365	2. S27°06'59"W, a distance of 2038.07 feet to a
366	366	calculated point,
367	367	THENCE, leaving right-of-way line of said Wolfe Lane and crossing
368	368	said 161.518 acre Qualico CR, LP tract, S39°14'43"W, a distance of
369	369	856.86 feet to an iron rod found in the south line of said 161.518
370	370	acre Qualico CR, LP tract, also being in the northerly right-of-way
371	371	line of said Pearce Lane, for the point of curvature to the left,
372	372	THENCE, with the common boundary line of said 161.518 acre Qualico
373	373	CR, LP tract and the north right-of-way line of said Pearce Lane,
374	374	the following six (6) courses and distances, numbered 1 through 6,
375	375	1. with said curve to the left having a radius of
376	376	2576.23 feet, an arc length of 451.04 feet, and whose chord
377	377	bears N46°34'33"W, a distance of 450.46 feet to an iron rod
378	378	found,
379	379	2. N51°35'30"W, a distance of 194.12 feet to an iron rod
380	380	found at the point of curvature to the left,
381	381	3. with said curve to the left having a radius of
382	382	8327.42 feet, an arc length of 502.55 feet, and whose chord
383	383	bears N53°20'29"W, a distance of 502.47 feet to an iron rod
384	384	found,
385	385	4. N55°04'13"W, a distance of 181.98 feet to an iron rod
386	386	found at the point of curvature to the left,
387	387	5. with said curve to the left having a radius of
388	388	3174.03 feet, an arc length of 506.11 feet, and whose chord
389	389	bears N59°48'40"W, a distance of 505.58 feet to an iron rod
390	390	found and
391	391	6. N64°22'45"W, a distance of 434.44 feet to the POINT OF
392	392	BEGINNING, and containing 378.452 acres of land.
393	393	SECTION 3. (a) The legal notice of the intention to
394	394	introduce this Act, setting forth the general substance of this
395	395	Act, has been published as provided by law, and the notice and a
396	396	copy of this Act have been furnished to all persons, agencies,
397	397	officials, or entities to which they are required to be furnished
398	398	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
399	399	Government Code.
400	400	(b) The governor, one of the required recipients, has
401	401	submitted the notice and Act to the Texas Commission on
402	402	Environmental Quality.
403	403	(c) The Texas Commission on Environmental Quality has filed
404	404	its recommendations relating to this Act with the governor, the
405	405	lieutenant governor, and the speaker of the house of
406	406	representatives within the required time.
407	407	(d) All requirements of the constitution and laws of this
408	408	state and the rules and procedures of the legislature with respect
409	409	to the notice, introduction, and passage of this Act are fulfilled
410	410	and accomplished.
411	411	SECTION 4. This Act takes effect immediately if it receives
412	412	a vote of two-thirds of all the members elected to each house, as
413	413	provided by Section 39, Article III, Texas Constitution. If this
414	414	Act does not receive the vote necessary for immediate effect, this
415	415	Act takes effect September 1, 2011.