Texas 2013 - 83rd Regular

Texas Senate Bill SB1862 Compare Versions

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1	1	By: Zaffirini S.B. No. 1862
2	2	(Isaac)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Crosswinds Municipal Utility
8	8	District; granting a limited power of eminent domain; providing
9	9	authority to issue bonds; providing authority to impose
10	10	assessments, fees, or taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 8468 to read as follows:
14	14	CHAPTER 8468. CROSSWINDS MUNICIPAL UTILITY DISTRICT
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8468.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Crosswinds Municipal Utility
22	22	District.
23	23	Sec. 8468.002. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 8468.003. CONFIRMATION AND DIRECTORS' ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 8468.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section 8468.003
32	32	until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 8468.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of a
39	39	municipal utility district as provided by general law and Section
40	40	59, Article XVI, Texas Constitution.
41	41	Sec. 8468.006. INITIAL DISTRICT TERRITORY. (a) The
42	42	district is initially composed of the territory described by
43	43	Section 2 of the Act enacting this chapter.
44	44	(b) The boundaries and field notes contained in Section 2 of
45	45	the Act enacting this chapter form a closure. A mistake made in the
46	46	field notes or in copying the field notes in the legislative process
47	47	does not affect the district's:
48	48	(1) organization, existence, or validity;
49	49	(2) right to issue any type of bond for the purposes
50	50	for which the district is created or to pay the principal of and
51	51	interest on a bond;
52	52	(3) right to impose a tax; or
53	53	(4) legality or operation.
54	54	SUBCHAPTER B. BOARD OF DIRECTORS
55	55	Sec. 8468.051. GOVERNING BODY; TERMS. (a) The district is
56	56	governed by a board of five elected directors.
57	57	(b) Except as provided by Section 8468.052, directors serve
58	58	staggered four-year terms.
59	59	Sec. 8468.052. TEMPORARY DIRECTORS. (a) The temporary
60	60	board consists of:
61	61	(1) Anthony Dell Abate;
62	62	(2) John Avent;
63	63	(3) Barry Clark;
64	64	(4) Roy Sanders; and
65	65	(5) Lee Weber.
66	66	(b) Temporary directors serve until the earlier of:
67	67	(1) the date permanent directors are elected under
68	68	Section 8468.003; or
69	69	(2) the fourth anniversary of the effective date of
70	70	the Act enacting this chapter.
71	71	(c) If permanent directors have not been elected under
72	72	Section 8468.003 and the terms of the temporary directors have
73	73	expired, successor temporary directors shall be appointed or
74	74	reappointed as provided by Subsection (d) to serve terms that
75	75	expire on the earlier of:
76	76	(1) the date permanent directors are elected under
77	77	Section 8468.003; or
78	78	(2) the fourth anniversary of the date of the
79	79	appointment or reappointment.
80	80	(d) If Subsection (c) applies, the owner or owners of a
81	81	majority of the assessed value of the real property in the district
82	82	may submit a petition to the commission requesting that the
83	83	commission appoint as successor temporary directors the five
84	84	persons named in the petition. The commission shall appoint as
85	85	successor temporary directors the five persons named in the
86	86	petition.
87	87	SUBCHAPTER C. POWERS AND DUTIES
88	88	Sec. 8468.101. GENERAL POWERS AND DUTIES. The district has
89	89	the powers and duties necessary to accomplish the purposes for
90	90	which the district is created.
91	91	Sec. 8468.102. MUNICIPAL UTILITY DISTRICT POWERS AND
92	92	DUTIES. The district has the powers and duties provided by the
93	93	general law of this state, including Chapters 49 and 54, Water Code,
94	94	applicable to municipal utility districts created under Section 59,
95	95	Article XVI, Texas Constitution.
96	96	Sec. 8468.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
97	97	OR RESOLUTION. The district shall comply with all applicable
98	98	requirements of any ordinance or resolution that is adopted under
99	99	Section 54.016 or 54.0165, Water Code, and that consents to the
100	100	creation of the district or to the inclusion of land in the
101	101	district.
102	102	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
103	103	Sec. 8468.151. ELECTIONS REGARDING TAXES OR BONDS.
104	104	(a) The district may issue, without an election, bonds and other
105	105	obligations secured by:
106	106	(1) revenue other than ad valorem taxes; or
107	107	(2) contract payments described by Section 8468.153.
108	108	(b) The district must hold an election in the manner
109	109	provided by Chapters 49 and 54, Water Code, to obtain voter approval
110	110	before the district may impose an ad valorem tax or issue bonds
111	111	payable from ad valorem taxes.
112	112	Sec. 8468.152. OPERATION AND MAINTENANCE TAX. (a) If
113	113	authorized at an election held under Section 8468.151, the district
114	114	may impose an operation and maintenance tax on taxable property in
115	115	the district in accordance with Section 49.107, Water Code.
116	116	(b) The board shall determine the tax rate. The rate may not
117	117	exceed the rate approved at the election.
118	118	Sec. 8468.153. CONTRACT TAXES. (a) In accordance with
119	119	Section 49.108, Water Code, the district may impose a tax other than
120	120	an operation and maintenance tax and use the revenue derived from
121	121	the tax to make payments under a contract after the provisions of
122	122	the contract have been approved by a majority of the district voters
123	123	voting at an election held for that purpose.
124	124	(b) A contract approved by the district voters may contain a
125	125	provision stating that the contract may be modified or amended by
126	126	the board without further voter approval.
127	127	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
128	128	Sec. 8468.201. AUTHORITY TO ISSUE BONDS AND OTHER
129	129	OBLIGATIONS. The district may issue bonds or other obligations
130	130	payable wholly or partly from ad valorem taxes, impact fees,
131	131	revenue, contract payments, grants, or other district money, or any
132	132	combination of those sources, to pay for any authorized district
133	133	purpose.
134	134	Sec. 8468.202. TAXES FOR BONDS. At the time the district
135	135	issues bonds payable wholly or partly from ad valorem taxes, the
136	136	board shall provide for the annual imposition of a continuing
137	137	direct ad valorem tax, without limit as to rate or amount, while all
138	138	or part of the bonds are outstanding as required and in the manner
139	139	provided by Sections 54.601 and 54.602, Water Code.
140	140	SECTION 2. The Crosswinds Municipal Utility District
141	141	initially includes all the territory contained in the following
142	142	area:
143	143	BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF
144	144	THE JESSE B. EAVES SURVEY, ABSTRACT 166, AND THE SAMUEL LITTLE
145	145	SURVEY, ABSTRACT 286, SITUATED IN HAYS COUNTY, TEXAS, SAID TRACT OF
146	146	LAND BEING MORE PARTICULARLY DESCRIBED AS BEING A PORTION OF THAT
147	147	CERTAIN 446.80 ACRES OF LAND CONVEYED TO H.H. PHILLIPS IN VOLUME
148	148	201, PAGE 19 OF THE DEED RECORDS OF HAYS COUNTY, TEXAS, SAID TRACT
149	149	BEING 445.11 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS
150	150	AS FOLLOWS:
151	151	BEGINNING, at an iron pin found on the South right-of-way line of
152	152	County Road 131, said iron pin also being located at the most
153	153	northeasterly corner of Lot 27, Block D, of Dove Hills Estates
154	154	Section One, a subdivision recorded in Volume 2, Page 325 of the
155	155	Deed Records of Hays County, Texas, said iron pin also being located
156	156	at the most northwesterly corner of the herein described tract, and
157	157	also POINT OF BEGINNING of the herein described tract,
158	158	THENCE, with the new South right-of-way line of said County Road 131
159	159	S89°08'29"E, a distance of 2,340.02 feet to an iron pin found, said
160	160	iron pin being located at a point of curvature to the left,
161	161	THENCE, continuing with curve along the new South right-of-way line
162	162	of said County Road 131 that has a central angle of 12°27'00", a
163	163	radius of 1628.52 feet, a length of 353.87 feet, a chord of 353.17
164	164	feet, and a bearing of N84°38'01"E, to an iron pin found,
165	165	THENCE, leaving the new right-of-way line of said County Road 131
166	166	and continuing with the old right-of-way line of said County Road
167	167	131, S89°59'48"E, a distance of 124.98 feet to a concrete nail, said
168	168	nail being located along the common line of said Samuel Little
169	169	Survey and said Jesse B. Eaves Survey, said nail also being located
170	170	at the most northeasterly corner of the herein described tract,
171	171	THENCE, leaving the old right-of-way line of said County Road 131
172	172	and continuing with the common line of the Samuel Little Survey and
173	173	the Jesse B. Eaves Survey S45°23'27"W, a distance of 981.04 feet to
174	174	an iron pin, said iron pin being a westerly corner of the herein
175	175	described tract,
176	176	THENCE, leaving the common line of the Samuel Little Survey and the
177	177	Jesse B. Eaves Survey S44°46'41"E, a distance of 134.69 feet to an
178	178	iron pin found, said iron pin being located at the West corner of a
179	179	7.771 acre tract of land conveyed to Alice Rios in Document 9925762
180	180	of the Deed Records of Hays County, Texas,
181	181	THENCE, continuing along an eastern line of the herein described
182	182	tract S45°05'21"E, a distance of 1,003.31 feet to an iron pin found,
183	183	said iron pin being located at the South corner of a 9.998 acre
184	184	tract of land conveyed to Ronald D. Holifield and Melodie A.
185	185	Holifield in Volume 1324, Page 651 of the Deed Records of Hays
186	186	County, Texas,
187	187	THENCE, continuing along an east line of the herein described tract
188	188	S44°42'12"E, a distance of 181.24 feet to a concrete nail, said nail
189	189	being located at the North corner of a 100.15 acre tract of land
190	190	conveyed to Ray E. Jones and Annie B. Jones in Volume 1135, Page 868
191	191	of the Deed Records of Hays County, Texas, said nail also being
192	192	located at an East corner of the herein described tract,
193	193	THENCE, with the North line of said Jones Tract, S45°25'00"W, a
194	194	distance of 1,662.52 feet to an iron pin, said iron pin being
195	195	located at the West corner of said Jones Tract, said iron pin also
196	196	being located at an East corner of the herein described tract,
197	197	THENCE, with the East line of said Jones Tract S44°45'16"E, a
198	198	distance of 2,630.83 feet to a concrete nail, said nail being
199	199	located at the South corner of said Jones Tract, said nail also
200	200	being located at the most easterly corner of the herein described
201	201	tract, said nail also being located on the North right-of-way line
202	202	of County Road 157,
203	203	THENCE, with the North right-of-way line of said County Road 157
204	204	S45°00'00"W a distance of 3,404.46 feet to a concrete nail found,
205	205	said nail being located at the most easterly corner of Lot 94 of
206	206	Sunrise Acres, a subdivision recorded in Volume 2, Page 346 of the
207	207	Deed Records of Hays County, Texas, said nail also being located at
208	208	the most southern corner of the herein described tract,
209	209	THENCE, leaving the North right-of-way line of said County Road 157
210	210	and continuing with the most westerly line of said Sunrise Acres the
211	211	following three (3) courses and distances:
212	212	(1) N44°43'39"W, a distance of 2,207.70 feet to an iron pin
213	213	found,
214	214	(2) N44°53'47"W, a distance of 969.22 feet to an iron pin
215	215	found,
216	216	(3) N44°48'29"W, a distance of 758.82 feet to an iron pin
217	217	found, said iron pin being located at the most northerly corner of
218	218	said Sunrise Acres, said iron pin also being located at the most
219	219	westerly corner of the herein described tract,
220	220	THENCE, with a west line of the herein described tract N44°38'24"E,
221	221	a distance of 1,058.81 feet to an iron pin, said iron pin being
222	222	located at an angle point of Lot 25, of Dove Hills Estates Section
223	223	Two, a subdivision recorded in Volume 3, Page 179 of the Deed
224	224	Records of Hays County, Texas,
225	225	THENCE, with an eastern line of said Dove Hills Estates Section Two
226	226	the following four (4) courses and distances:
227	227	(1) N44°52'26"E, a distance of 1,105.77 feet to a 60d nail
228	228	found,
229	229	(2) N44°51'31"E, a distance of 661.25 feet to an iron pin
230	230	found,
231	231	(3) N44°50'37"E, a distance of 399.21 feet to an iron pin
232	232	found,
233	233	(4) N44°44'50"E, a distance of 175.19 feet to an iron pin,
234	234	said iron pin being located at the most westerly corner of Lot 12 of
235	235	said Dove Hills Estates Section Two,
236	236	THENCE, leaving the eastern line of said Dove Hills Estates Section
237	237	Two N44°44'50"E, a distance of 14.18 feet to an iron pin found, said
238	238	iron pin being located at an angle point for the herein described
239	239	tract,
240	240	THENCE, S84°26'55"W, a distance of 19.78 feet to an iron pin found,
241	241	said iron pin being located at the most northerly corner of said Lot
242	242	12 of Dove Hills Estates Section Two,
243	243	THENCE, with a north line of said Dove Hills Estates Section Two the
244	244	following four (4) courses and distances:
245	245	(1) S87°52'28"W, a distance of 456.24 feet to an iron pin
246	246	found,
247	247	(2) S87°51'08"W, a distance of 526.71 feet to an iron pin
248	248	found,
249	249	(3) S87°47'58"W, a distance of 300.16 feet to an iron pin
250	250	found,
251	251	(4) S89°38'13"W, a distance of 46.72 feet to a 60d nail found
252	252	in post, said nail being located at the common corner of Lot 1 of
253	253	Dove Hills Estates Section Two and Lot 15 of Dove Hills Estates
254	254	Section One, said nail also being located at an east corner of the
255	255	herein described tract,
256	256	THENCE, with the east line of said Dove Hills Estates Section One
257	257	the following nine (9) courses and distances:
258	258	(1) N08°33'38"E, a distance of 336.88 feet to an iron pin,
259	259	(2) N25°12'16"E, a distance of 56.49 feet to an iron pin
260	260	found,
261	261	(3) N25°12'16"E, a distance of 362.11 feet to an iron pin
262	262	found,
263	263	(4) N09°01'18"E, a distance of 41.65 feet to an iron pin
264	264	found,
265	265	(5) N08°24'13"E, a distance of 276.06 feet to an iron pin
266	266	found,
267	267	(6) N08°11'26"E, a distance of 179.37 feet to an iron pin
268	268	found,
269	269	(7) N08°18'28"E, a distance of 158.36 feet to an iron pin
270	270	found,
271	271	(8) N08°19'18"E, a distance of 315.02 feet to an iron pin
272	272	found,
273	273	(9) N08°40'18"E, a distance of 230.02 feet to the POINT OF
274	274	BEGINNING, containing the 445.11 acres tract of land.
275	275	SECTION 3. (a) The legal notice of the intention to
276	276	introduce this Act, setting forth the general substance of this
277	277	Act, has been published as provided by law, and the notice and a
278	278	copy of this Act have been furnished to all persons, agencies,
279	279	officials, or entities to which they are required to be furnished
280	280	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
281	281	Government Code.
282	282	(b) The governor, one of the required recipients, has
283	283	submitted the notice and Act to the Texas Commission on
284	284	Environmental Quality.
285	285	(c) The Texas Commission on Environmental Quality has filed
286	286	its recommendations relating to this Act with the governor, the
287	287	lieutenant governor, and the speaker of the house of
288	288	representatives within the required time.
289	289	(d) All requirements of the constitution and laws of this
290	290	state and the rules and procedures of the legislature with respect
291	291	to the notice, introduction, and passage of this Act are fulfilled
292	292	and accomplished.
293	293	SECTION 4. (a) If this Act does not receive a two-thirds
294	294	vote of all the members elected to each house, Subchapter C, Chapter
295	295	8468, Special District Local Laws Code, as added by Section 1 of
296	296	this Act, is amended by adding Section 8468.104 to read as follows:
297	297	Sec. 8468.104. NO EMINENT DOMAIN POWER. The district may
298	298	not exercise the power of eminent domain.
299	299	(b) This section is not intended to be an expression of a
300	300	legislative interpretation of the requirements of Subsection (c),
301	301	Section 17, Article I, Texas Constitution.
302	302	SECTION 5. This Act takes effect immediately if it receives
303	303	a vote of two-thirds of all the members elected to each house, as
304	304	provided by Section 39, Article III, Texas Constitution. If this
305	305	Act does not receive the vote necessary for immediate effect, this
306	306	Act takes effect September 1, 2013.