83R13551 PMO-F
By: Campbell S.B. No. 1867
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Cascades Municipal Utility District
No. 1; 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 8477 to read as follows:
CHAPTER 8477. CASCADES MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8477.001. 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 Cascades Municipal Utility
District No. 1.
Sec. 8477.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8477.003. 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. 8477.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8477.003
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. 8477.005. 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, or improvement of
macadamized, graveled, or paved roads described by Section 54.234,
Water Code, or improvements, including storm drainage, in aid of
those roads.
Sec. 8477.006. 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. 8477.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8477.052, directors serve
staggered four-year terms.
Sec. 8477.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) John R. C. Munn;
(2) George Roman;
(3) Allen Gallia;
(4) Donna Morgan; and
(5) Charlotte Vick.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8477.003; 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 8477.003 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 8477.003; 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. 8477.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8477.102. 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. 8477.103. 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. 8477.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8477.103
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. 8477.105. 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.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8477.151. 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 8477.153.
(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. 8477.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8477.151, 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. 8477.153. 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. 8477.201. 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. 8477.202. 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. 8477.203. 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 Cascades Municipal Utility District No. 1
initially includes all the territory contained in the following
area:
BEING 223.68 ACRES OF LAND, AS SURVEYED BY LANDESIGN SERVICES,
INC., OUT OF THE SANTIAGO DEL VALLE GRANT IN TRAVIS COUNTY, TEXAS,
AND BEING ALL OF A CALLED 117.188 ACRE TRACT, ALL OF A CALLED 2.273
ACRE TRACT, ALL OF A CALLED 87.884 ACRE TRACT, ALL OF CALLED 8.17
ACRE TRACT ALL DESCRIBED IN CORRECTION JOINT PARTNERSHIP
CONTRIBUTION GENERAL WARRANTY DEED TO ONION ASSOCIATES, LTD
RECORDED IN DOCUMENT NO. 2006236625, ALL OF A CALLED 1.9965 ACRE
TRACT DESCRIBED IN DOC. NO. 2006146663 ALL OF THE OFFICIAL PUBLIC
RECORDS OF TRAVIS COUNTY, TEXAS (O.P.R.T.C.T.) AND 6.038 ACRE TRACT
OUT OF LOT 1, ST. ALBIN'S ADDITION A SUBDIVISION OF RECORD IN
CABINET 86, SLIDE 88C OF THE PLAT RECORD OF TRAVIS COUNTY ; AND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod with cap marked "LANDESIGN" set in the
existing east right-of-way line of Interstate Highway 35 (IH 35)
(400' right-of-way width), in the west line of said Lot 1 and in the
east line of a called 14.771 acre tract described in deed to the
State of Texas for right-of-way recorded in Volume 1608, Page 170 of
the D.R.T.C.T.;
THENCE North 17°32'12" East 1714.84 feet with the west line of said
Lot 1, the west line of said 1.9965 acres and the east line of said
87.884 acres and the existing east right-of-way line of IH 35 to a
calculated point in the center of Onion Creek at the northwest
corner of the 87.884 acres and the southwest corner of Lot A, Onion
Creek Section 1-B, a subdivision of record in Book 79, Page 313 of
the Plat Records of Travis County, Texas;
THENCE South 75°57'21" East 450.62 feet with the centerline of Onion
Creek, the north line of the 87.884 acres, the south line of said
Lot A, and the south line of Lot B, Onion Creek Section 1-C, a
subdivision of record in Book 79, Page 311 of the Plat Records of
Travis County, Texas to a calculated point;
THENCE South 77°12'21" East 334.57 feet with the centerline of Onion
Creek, the north line of the 87.884 acres, the south line of said
Lot B, the south line of Lot C, Onion Creek Section 1-D, a
subdivision of record in Book 79, Page 309 of the Plat Records of
Travis County, Texas, and the south line of a remainder of a called
960 acre tract described in deed to Onion Creek Development Company
recorded in Volume 9111, Page 262 of the D.R.T.C.T. to a calculated
point;
THENCE with the centerline of Onion Creek, the north line of the
87.884 acres, and the south line of said remainder of 960 acres the
following eight (8) courses:
1. South 59°56'55" East 220.25 feet to a calculated point;
2. South 75°15'28" East 402.24 feet to a calculated point;
3. South 79°40'28" East 357.17 feet to a calculated point;
4. South 42°47'28" East 114.70 feet to a calculated point;
5. South 60°30'58" East 308.12 feet to a calculated point;
6. South 03°38'28" East 131.00 feet to a calculated point;
7. South 27°58'28" East 206.00 feet to a calculated point;
8. South 56°44'22" East 249.40 feet to a calculated point at
the northeast corner of the 87.884 acres and the northwest corner of
said 117.188 acres;
THENCE with the centerline of Onion Creek, the north line of the
117.188 acres, and the south line of said remainder of 960 acres the
following four (4) courses:
1. South 61°45'03" East 450.70 feet to a calculated point;
2. South 53°04'03" East 251.84 feet to a calculated point;
3. South 45°15'03" East 186.54 feet to a calculated point;
4. South 65°01'55 East 50.33 feet to a calculated point at
the northeast corner of the 117.188 acres and the northwest corner
of a called 64 acre tract described as First Tract in deed to
Richard D. Spillman recorded in Volume 6287, Page 218 of the
D.R.T.C.T.;
THENCE South 27°48'54" West, passing a capped iron rod stamped "RPLS
4091" at 58.94 feet and continuing a total distance of 838.63 feet
with the east line of the 117.188 acres and the west line of the 64
acres to a to a 1/2" iron rod found;
THENCE South 27°33'39" West 498.18 feet continuing with the east
line of the 117.188 acres and the west line of the 64 acres to a 7/8"
iron rod found at the southwest corner of the 64 acres;
THENCE South 74°32'31" East 1128.82 feet with the north line of the
117.188 acres and the south line of the 64 acres to a 5/8" iron rod
found at the northwest corner of a called 24.60 acre tract described
in said deed to Richard D. Spillman recorded in Volume 6287, Page
218 of the D.R.T.C.T.;
THENCE South 27°34'11" West 2048.99 feet with the east line of the
117.188 acres and the west line of the 24.60 acres to a 1/2" iron rod
found at the southeast corner of the 117.188 acres, the southwest
corner of the 24.60 acres, and in the north line of a called 30 acre
tract described as part of the Fifth Tract in said deed to Richard
D. Spillman recorded in Volume 6287, Page 218 of the D.R.T.C.T.;
THENCE North 62°29'14" West 1103.84 feet with the south line of the
117.188 acres and the north line of the 30 acres to a 1/2" iron rod
found at the northwest corner of the 30 acres and the northeast
corner of a called 30.5 acre tract described as part of the Fifth
Tract in said deed to Richard D. Spillman recorded in Volume 6287,
Page 218 of the D.R.T.C.T.;
THENCE North 65°21'21" West 458.13 feet with the south line of the
117.188 acres and the north line of the 30.5 acres to a 1/2" iron rod
found;
THENCE North 65°40'34" West 449.66 feet continuing with the south
line of the 117.188 acres and the north line of the 30.5 acres to a
1/2" iron rod with cap stamped "LANDESIGN" found at the southwest
corner of the 117.188 acres and the southeast corner of a called 27
acre tract described as part of the Fifth Tract in said deed to
Richard D. Spillman recorded in Volume 6287, Page 218 of the
D.R.T.C.T.;
THENCE North 27°19'41" East 1665.86 feet with the west line of the
117.188 acres and the east line of the 27 acres to a 60-d found in a
hackberry tree;
THENCE North 27°22'02" East 188.61 feet with the west line of the
117.188 acres and the east line of the 27 acres to a 1/2" iron rod
found;
THENCE North 25°45'46" East 233.22 feet continuing with the west
line of the 117.188 acres and the east line of the 27 acres to a 1/2"
iron rod found at the southwest corner of the 87.884 acres and the
northeast corner of a the 27 acres;
THENCE North 74°02'03" West 712.31 feet with the south line of the
87.884 acres and the north line of the 27 acres to a 1/2" iron rod
with cap stamped "LANDESIGN" set;
THENCE North 73°53'51" West 10.10 feet with the south line of the
87.884 acres and the north line of the 27 acres to a 1/2" iron rod
with cap stamped "LANDESIGN" set at the northwest corner of the 27
acres and the northeast corner of the said 2.273 acres;
THENCE with the east line of the 2.273 acres and the west line of the
27 acres the following three (3) courses:
1. South 41°45'45" West 8.27 feet to a 1/2" iron rod with cap
marked "LANDESIGN" set;
2. South 81°26'45" West 95.67 feet to a 1/2" iron rod with
cap marked "LANDESIGN" set;
3. South 02°46'45" West 125.27 feet to a 1/2" iron rod found
at the southeast corner of the 2.273 acres and the northeast corner
of a called 8.17 acre tract described in deed to Onion Associates,
LTD recorded in Document No. 2006236625 of the O.P.R.T.C.T.;
THENCE with the east line of said 8.17 acre tract, the west line of
said 27 acres and with the center of ravine the following seven (7)
courses:
1. South 02°45'21" West a distance of 183.65 feet to a 1/2
inch iron rebar with cap marked "LANDESIGN" set;
2. South 30°23'21" West a distance of 196.83 feet to a 1/2
inch iron rebar with cap marked "LANDESIGN" set;
3. South 54°24'14" West a distance of 69.90 feet to a 1/2
inch iron rebar with cap marked "LANDESIGN" set;
4. South 19°24'02 West a distance of 23.32 feet to a 1/2 inch
iron rebar with cap marked "LANDESIGN" set;
5. South 38°57'02" East a distance of 47.93 feet to a 1/2
inch iron rebar with cap marked "LANDESIGN" set;
6. South 16°41'39" West a distance of 57.49 feet to a 1/2
inch iron rebar with cap marked "LANDESIGN" set;
7. South 35°10'00" West a distance of 61.07 feet to a 1/2
inch iron rebar found for the southeast corner of said 8.17 acre
tract and the northeast corner of a called 58.3885 acre tract
described as Tract 1 conveyed to South IH 35 Investors, LP. of
record in Document No. 2006214573 of the Official Public Records of
Travis County Texas;
THENCE North 66°56'45" West with the south line of said 8.17 acre
tract and the north line of said Tract 1 passing the southeast
corner of said Tract 1 and the southwest corner of said Lot 1 at
580.62 feet a continuing a total distance of 866.80 feet to a 1/2"
iron rod with cap marked "LANDESIGN" set;
THENCE crossing through said Lot 1 the following two (2) courses:
1. North 17°51'38" East a distance of 576.13 feet to a 1/2"
iron rod with cap marked "LANDESIGN" set;
2. North 73°51'44" West a distance of 725.16 feet to the
POINT OF BEGINNING.
This parcel contains 223.68 acres of land, more or less, out of the
Santiago Del Valle Grant in Travis County, Texas. All bearings are
based on Grid North of the Texas State Plane Coordinate System,
Central Zone.
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
8477, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8477.106 to read as follows:
Sec. 8477.106. 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 Section 17(c),
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.