By: Zaffirini S.B. No. 1862
(Isaac)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Crosswinds Municipal Utility
District; granting a limited power of eminent domain; providing
authority to issue bonds; providing authority to impose
assessments, fees, or taxes.
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 8468 to read as follows:
CHAPTER 8468. CROSSWINDS MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8468.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Crosswinds Municipal Utility
District.
Sec. 8468.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8468.003. 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. 8468.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8468.003
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. 8468.005. 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 a
municipal utility district as provided by general law and Section
59, Article XVI, Texas Constitution.
Sec. 8468.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting 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.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8468.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8468.052, directors serve
staggered four-year terms.
Sec. 8468.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Anthony Dell Abate;
(2) John Avent;
(3) Barry Clark;
(4) Roy Sanders; and
(5) Lee Weber.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8468.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8468.003 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 8468.003; 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.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8468.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8468.102. 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. 8468.103. 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.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8468.151. 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 8468.153.
(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.
Sec. 8468.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8468.151, 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. 8468.153. 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.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8468.201. 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. 8468.202. 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.
SECTION 2. The Crosswinds Municipal Utility District
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 JESSE B. EAVES SURVEY, ABSTRACT 166, AND THE SAMUEL LITTLE
SURVEY, ABSTRACT 286, SITUATED IN HAYS COUNTY, TEXAS, SAID TRACT OF
LAND BEING MORE PARTICULARLY DESCRIBED AS BEING A PORTION OF THAT
CERTAIN 446.80 ACRES OF LAND CONVEYED TO H.H. PHILLIPS IN VOLUME
201, PAGE 19 OF THE DEED RECORDS OF HAYS COUNTY, TEXAS, SAID TRACT
BEING 445.11 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
BEGINNING, at an iron pin found on the South right-of-way line of
County Road 131, said iron pin also being located at the most
northeasterly corner of Lot 27, Block D, of Dove Hills Estates
Section One, a subdivision recorded in Volume 2, Page 325 of the
Deed Records of Hays County, Texas, said iron pin also being located
at the most northwesterly corner of the herein described tract, and
also POINT OF BEGINNING of the herein described tract,
THENCE, with the new South right-of-way line of said County Road 131
S89°08'29"E, a distance of 2,340.02 feet to an iron pin found, said
iron pin being located at a point of curvature to the left,
THENCE, continuing with curve along the new South right-of-way line
of said County Road 131 that has a central angle of 12°27'00", a
radius of 1628.52 feet, a length of 353.87 feet, a chord of 353.17
feet, and a bearing of N84°38'01"E, to an iron pin found,
THENCE, leaving the new right-of-way line of said County Road 131
and continuing with the old right-of-way line of said County Road
131, S89°59'48"E, a distance of 124.98 feet to a concrete nail, said
nail being located along the common line of said Samuel Little
Survey and said Jesse B. Eaves Survey, said nail also being located
at the most northeasterly corner of the herein described tract,
THENCE, leaving the old right-of-way line of said County Road 131
and continuing with the common line of the Samuel Little Survey and
the Jesse B. Eaves Survey S45°23'27"W, a distance of 981.04 feet to
an iron pin, said iron pin being a westerly corner of the herein
described tract,
THENCE, leaving the common line of the Samuel Little Survey and the
Jesse B. Eaves Survey S44°46'41"E, a distance of 134.69 feet to an
iron pin found, said iron pin being located at the West corner of a
7.771 acre tract of land conveyed to Alice Rios in Document 9925762
of the Deed Records of Hays County, Texas,
THENCE, continuing along an eastern line of the herein described
tract S45°05'21"E, a distance of 1,003.31 feet to an iron pin found,
said iron pin being located at the South corner of a 9.998 acre
tract of land conveyed to Ronald D. Holifield and Melodie A.
Holifield in Volume 1324, Page 651 of the Deed Records of Hays
County, Texas,
THENCE, continuing along an east line of the herein described tract
S44°42'12"E, a distance of 181.24 feet to a concrete nail, said nail
being located at the North corner of a 100.15 acre tract of land
conveyed to Ray E. Jones and Annie B. Jones in Volume 1135, Page 868
of the Deed Records of Hays County, Texas, said nail also being
located at an East corner of the herein described tract,
THENCE, with the North line of said Jones Tract, S45°25'00"W, a
distance of 1,662.52 feet to an iron pin, said iron pin being
located at the West corner of said Jones Tract, said iron pin also
being located at an East corner of the herein described tract,
THENCE, with the East line of said Jones Tract S44°45'16"E, a
distance of 2,630.83 feet to a concrete nail, said nail being
located at the South corner of said Jones Tract, said nail also
being located at the most easterly corner of the herein described
tract, said nail also being located on the North right-of-way line
of County Road 157,
THENCE, with the North right-of-way line of said County Road 157
S45°00'00"W a distance of 3,404.46 feet to a concrete nail found,
said nail being located at the most easterly corner of Lot 94 of
Sunrise Acres, a subdivision recorded in Volume 2, Page 346 of the
Deed Records of Hays County, Texas, said nail also being located at
the most southern corner of the herein described tract,
THENCE, leaving the North right-of-way line of said County Road 157
and continuing with the most westerly line of said Sunrise Acres the
following three (3) courses and distances:
(1) N44°43'39"W, a distance of 2,207.70 feet to an iron pin
found,
(2) N44°53'47"W, a distance of 969.22 feet to an iron pin
found,
(3) N44°48'29"W, a distance of 758.82 feet to an iron pin
found, said iron pin being located at the most northerly corner of
said Sunrise Acres, said iron pin also being located at the most
westerly corner of the herein described tract,
THENCE, with a west line of the herein described tract N44°38'24"E,
a distance of 1,058.81 feet to an iron pin, said iron pin being
located at an angle point of Lot 25, of Dove Hills Estates Section
Two, a subdivision recorded in Volume 3, Page 179 of the Deed
Records of Hays County, Texas,
THENCE, with an eastern line of said Dove Hills Estates Section Two
the following four (4) courses and distances:
(1) N44°52'26"E, a distance of 1,105.77 feet to a 60d nail
found,
(2) N44°51'31"E, a distance of 661.25 feet to an iron pin
found,
(3) N44°50'37"E, a distance of 399.21 feet to an iron pin
found,
(4) N44°44'50"E, a distance of 175.19 feet to an iron pin,
said iron pin being located at the most westerly corner of Lot 12 of
said Dove Hills Estates Section Two,
THENCE, leaving the eastern line of said Dove Hills Estates Section
Two N44°44'50"E, a distance of 14.18 feet to an iron pin found, said
iron pin being located at an angle point for the herein described
tract,
THENCE, S84°26'55"W, a distance of 19.78 feet to an iron pin found,
said iron pin being located at the most northerly corner of said Lot
12 of Dove Hills Estates Section Two,
THENCE, with a north line of said Dove Hills Estates Section Two the
following four (4) courses and distances:
(1) S87°52'28"W, a distance of 456.24 feet to an iron pin
found,
(2) S87°51'08"W, a distance of 526.71 feet to an iron pin
found,
(3) S87°47'58"W, a distance of 300.16 feet to an iron pin
found,
(4) S89°38'13"W, a distance of 46.72 feet to a 60d nail found
in post, said nail being located at the common corner of Lot 1 of
Dove Hills Estates Section Two and Lot 15 of Dove Hills Estates
Section One, said nail also being located at an east corner of the
herein described tract,
THENCE, with the east line of said Dove Hills Estates Section One
the following nine (9) courses and distances:
(1) N08°33'38"E, a distance of 336.88 feet to an iron pin,
(2) N25°12'16"E, a distance of 56.49 feet to an iron pin
found,
(3) N25°12'16"E, a distance of 362.11 feet to an iron pin
found,
(4) N09°01'18"E, a distance of 41.65 feet to an iron pin
found,
(5) N08°24'13"E, a distance of 276.06 feet to an iron pin
found,
(6) N08°11'26"E, a distance of 179.37 feet to an iron pin
found,
(7) N08°18'28"E, a distance of 158.36 feet to an iron pin
found,
(8) N08°19'18"E, a distance of 315.02 feet to an iron pin
found,
(9) N08°40'18"E, a distance of 230.02 feet to the POINT OF
BEGINNING, containing the 445.11 acres tract 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) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8468, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8468.104 to read as follows:
Sec. 8468.104. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Subsection (c),
Section 17, Article I, Texas Constitution.
SECTION 5. 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, 2013.