By: Nevárez H.B. No. 1402
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Coates Ranch Municipal Utility
District No. 1; providing authority to issue bonds; providing
authority to impose assessments, fees, and 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 8373 to read as follows:
CHAPTER 8373. COATES RANCH MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8373.001. 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 Coates Ranch Municipal
Utility District No. 1.
Sec. 8373.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8373.003. 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. 8373.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8373.003
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. 8373.005. 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. 8373.006. 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. 8373.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8373.052, directors serve
staggered four-year terms.
Sec. 8373.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Hugh Coates;
(2) Dennette Coates; and
(3) Greg Leach.
(b) On or after the effective date of the Act enacting 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
commission requesting that the commission appoint as temporary
directors the three persons named in the petition. The commission
shall appoint as temporary directors the three persons named in the
petition.
(c) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8373.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(d) If permanent directors have not been elected under
Section 8373.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (e) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8373.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(e) If Subsection (d) 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 persons
named in the petition. The commission shall appoint as successor
temporary directors the persons named in the petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8373.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8373.102. 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. 8373.103. 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. 8373.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8373.103
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. 8373.105. 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. 8373.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8373.151. 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 8373.153.
(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. 8373.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8373.151, 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. 8373.153. 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. 8373.201. 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. 8373.202. 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. 8373.203. 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 Coates Ranch Municipal Utility District
No. 1 initially includes all the territory contained in the
following area:
Tract I:
Said 921.8551 acres of land lying and being situated in
Kinney County, Texas; about seven miles N 21° W of the City of
Brackettville, the County Seat; containing acreages in the various
Surveys, as follows:
Sur. No. Original Grantee Abst. No. Acres. Sur. No. Original Grantee Abst. No. Acres.
Sur. No. Original Grantee Abst. No. Acres.
3 H. L. Dignowity 621 72.3267 3 H. L. Dignowity 621 72.3267
3 H. L. Dignowity 621 72.3267
268 P. Moore 507 2.5831 268 P. Moore 507 2.5831
268 P. Moore 507 2.5831
517 H. E. & W. T. R.R. Co. 816 419.8181 517 H. E. & W. T. R.R. Co. 816 419.8181
517 H. E. & W. T. R.R. Co. 816 419.8181
523 H. E. & W. T. R.R. Co. 817 164.8747 523 H. E. & W. T. R.R. Co. 817 164.8747
523 H. E. & W. T. R.R. Co. 817 164.8747
524 G. Dietzel 1673 262.2525 524 G. Dietzel 1673 262.2525
524 G. Dietzel 1673 262.2525
Total 921.8551 Ac.
Said 921.8551 acres of land being the southeast portion of
the Eduardo A. de la Graza Lands; and being more fully described by
metes and bounds, as follows:
BEGINNING at a 5/8" Steel Pin found at a fence corner post,
for the Westernmost corner of this tract, and the common corner of
the following four Surveys, viz.: the East corner of Sur. No. 409,
B.B.B. & C. R.R. Co.; the South corner of Sur. No. 413, S.F.A.M. & I.
Co.; the West corner of said Sur. No. 517; and the North corner of
Sur. No. 410, Ben S. Jones;
THENCE with fence along the northwest lines of said Sur. No.
517 and Sur. No. 3, the southeast line of said Sur. No. 413, N 32° 00'
00" E 4859.13 ft. to a 5/8" Steel Pin, found at a fence corner post;
for a re-entrant corner of a 40.00 ft. wide road easement (as
recorded in Tract III, in Vol. A-66, Page 277-280, Deed Records),
and a North corner of this tract;
THENCE leaving said Survey line, and with fence along a
southwest R.O.W. line of said 40.00 ft. wide road easement, S 42° 04'
08" E 192.52 ft. to a 5/8" Steel Pin found at a fence corner post,
for a South corner of said road easement, and a re-entrant corner of
this tract;
THENCE leaving fence and continuing with the southeast R.O.W.
line of said road easement, along a northwest side of this tract, as
follows:
N 42° 02' 32" E 991.47 ft. to a large creosoted post in
concrete, for corner;
N 54° 31' 40" E, crossing the northeast line of said Sur.
No. 3, the southwest line of said Sur. No. 524, 1053.77 ft. to a
large creosoted post in concrete, for corner; and
THENCE S 59° 19' 30" E 221.71 ft. to a 5/8" Steel Pin found in
fence; for the South corner of the S.E. terminal of said road
easement, and a re-entrant corner of this tract;
THENCE continuing with the northwest side of this tract, with
fence and 5/8" Steel Pins found at fence corner posts, for corners,
as follows:
N 29° 52' 14" E, at 40.00 ft. pass a point for the North
corner of the S.E. terminal of said road easement; total 1722.04
ft.;
N 40° 30' 16" E 1529.27 ft.;
N 14° 50' 33" W, crossing the northwest line of said Sur.
No. 524, the southeast line of said Sur. No. 268, 1560.55 ft.; and
THENCE N 33° 53' 54" E 131.42 ft. to a 5/8" Steel Pin found at a
fence corner post, in the northeast line of said Sur. No. 268, the
southwest line of Sur. No. 2, I. & G.N. R.R. Co., Blk. 6; for the
Northernmost corner of this tract;
THENCE with fence, along the southwest line of said Sur. No.
2, the northeast lines of Sur. Nos. 268, 524, and 523, respectively,
and along a northeast side of this tract, S 58° 47' 22" E 4337.16 ft.
to a 5/8" Steel Pin, found at a fence corner post in the west line of
Sur. No. 8, I. & G.N. R.R. Co., Blk. 6; for a South corner of said
Sur. No. 2, the N.E. corner of said Sur. No. 523, and the N.E. corner
of this tract;
THENCE with fence and the west line of said Sur. No. 8, along
the east line of said Sur. No. 523 and an east side of this tract, S
00° 25' 19" W 2398.89 ft. to a 5/8" Steel Pin, found at a fence corner
post, for the E.S.E. corner of this tract;
THENCE leaving said Survey line, and with fence along a
southeast side of this tract, as follows:
N 89° 06' 42" W 1058.11 ft. to a 5/8" Steel Pin set at a
fence corner post, for corner;
S 80° 43' 46" W 478.65 ft. to a 1" Steel Pin found under
fence, for corner;
S 80° 31' 20" W 659.66 ft. to a 5/8" Steel Pin set at a
fence corner post, for corner;
S 83° 54' 33" W 882.17 ft. to a 3/4" Steel Pin found at a
fence corner post, for an East re-entrant corner;
S 10° 48' 00" E 736.67 ft. to a 3/4" Steel Pin found near
a 3-way fence corner post, for corner;
S 82° 17' 14" E 76.27 ft. to a 3/4" Steel Pin found near a
3-way fence corner post, for corner;
S 42° 54' 05" W 468.96 ft. to a 3/4" Steel Pin found at a
fence corner post, for corner;
S 00° 05' 29" E 81.77 ft. to a 5/8" Steel Pin set at a
large dead Elm tree stump fence corner, for corner;
S 12° 51' 33" E, crossing Elm Creek, 63.57 ft. to a 5/8"
Steel Pin set at a 10" Elm tree fence corner;
S 07° 47' 12" W 215.66 ft. to a 5/8" Steel Pin set at a
north gate post, for corner;
S 68° 06' 02" W, crossing private pasture road, 15.17 ft.
to a 5/8" Steel Pin set at a south gate post, for corner;
S 21° 59' 21" W 110.37 ft. to a 1" Steel Pin, found at a
fence corner post in the southwest line of said Sur. No. 523, the
northeast line of Sur. No. 518, J. Herzing; for a middle S.E. corner
of this tract;
THENCE continuing, and with said Survey line, N 58° 08' 12" W
136.75 ft. to a 5/8" Steel Pin found at a fence corner post, for the
North corner of said Sur. No. 518, the East corner of said Sur. No.
517, and a re-entrant corner of this tract;
THENCE with fence and the northwest line of said Sur. No. 518,
the southeast line of said Sur. No. 517, along a southeast side of
this tract, S 32° 40' 56" W 5967.46 ft. to a 5/8" Steel Pin found at a
3-way fence corner, in the northeast line of Sur. No. 410, Ben S.
Jones; for the West corner of said Sur. No. 518, the South corner of
said Sur. No. 517, and the Southernmost corner of this tract;
THENCE with fence and the northeast line of said Sur. No. 410,
the southwest line of said Sur. No. 517, along a southwest side of
this tract, N 58° 01' 13" W, crossing Elm Creek, 3612.76 ft. to the
place of BEGINNING;
and property:
TRACT A:
BEING 680.0186 acres of land, more or less, lying and being situated
in Kinney County, Texas, about seven miles N 21° W of Brackettville,
the County Seat, containing acreage in various Surveys, as follows:
Sur. No. Original Grantee Abst. No. Acres Sur. No. Original Grantee Abst. No. Acres
Sur. No. Original Grantee Abst. No. Acres
3 H L. Dignowity 621 7.6652 3 H L. Dignowity 621 7.6652
3 H L. Dignowity 621 7.6652
267 H. N Cleveland 38 37.7480 267 H. N Cleveland 38 37.7480
267 H. N Cleveland 38 37.7480
268 P Moore 507 578.5462 268 P Moore 507 578.5462
268 P Moore 507 578.5462
524 G Dietzel 1673 56.0592 524 G Dietzel 1673 56.0592
524 G Dietzel 1673 56.0592
Total 680.0186Ac.
Said tract of 680.0186 acres being more fully described by metes and
bounds, in one body, as follows:
BEGINNING at a 5/8" Steel Pin set at corner of Fence, in the S.E.
line of Sur. No. 413, S F.A.M. & I Co., distant 4859 13 N 32° E of its
South corner. Said point being the East corner of the O.D. Dooley
Farms;
THENCE along the northwestern line of Sur. No. 517, N 32° 00' 00" E
1109.19 ft. to a point for the East Corner of Sur No. 413;
THENCE along its N.E. line N 58° 00' 00" W 3943.41 ft. to a point in
fence for a corner;
THENCE with fence, N 41° 40'28" E 988.09 ft. to a 5/8" Steel Pin at
fence corner;
THENCE with fence N 23° 57' 59" W 2141.26 ft.; and N 15° 12' 55" W
828.38 ft. to a 5/8" Steel Pin at fence corner;
THENCE with fence N 70° 05' 10" E 1361.21 ft. to a corner;
THENCE with fence N 83° 56' 06" E 1846.46 ft. to a 16" Live Oak for a
corner;
THENCE with fence as follows:
N 74° 52' 12" E 253 62 ft. to a corner;
N 48° 36' 04" E 34 92 ft. to a corner;
S 59° 17' 38" E 1611 56 ft. to a 5/8" Steel Pin at fence corner,
in the S.W line of Sur. No. 2, I & G N RR. Co., Blk. 6;
THENCE with fence and along the S.W. line of Sur. No. 2, S 58° 47'
22" E 2086.39 ft. to a 5/8" Steel Pin at corner of fence;
THENCE with fence as follows:
S 33° 53' 54" W 131 42 ft. to a corner;
S 14° 50' 33" E 1560.55 ft. to a corner;
S 40° 30' 16" W 1529 27 ft. to a corner; and
S 29° 52' 14" W 1722.04 ft. to a 5/8" Steel Pin for corner;
THENCE leaving fence, N 59° 19' 30" W 221 71 ft. to a 5/8" Steel Pin
for corner;
THENCE S 54° 31' 40" W 1058.77 ft. to a 5/8" Steel Pin for a corner;
THENCE S 42° 02' 32" W 991 47 ft. to a 5/8" Steel Pin in fence for
corner;
THENCE with fence N 42° 04' 08" W 192.52 ft. to the place of
BEGINNING.
TRACT B:
BEING 102.5974 acres of land, more or less, lying and being situated
in Kinney County, Texas, about seven miles N 21° W of Brackettville,
the County Seat, all out of Sur. No. 413, S.F A.M. & I. Co.,
Original Grantee, Abst. No. 570;
BEGINNING at a 5/8" Steel Pin set at corner of fence, in the S E.
line of Sur No. 413, at a point 1109.19 ft. S 32° 00' 00" W from its
East corner;
THENCE with fence N 57° 56' 13" W 4079.16 ft. to a 5/8" Steel Pin for
a corner;
THENCE crossing Road, N 45° 31' 58" W 51.89 ft. to a 5/8" Steel Pin
for the West corner;
THENCE N 41° 40' 28" E 1109.27 ft. to a point for the North corner;
THENCE along the N E. line of Sur. No. 413, S 58° 00' 00" E 3943.41
ft. to a point for its East corner;
THENCE along the S.E. line of Sur No. 413, S 32° 00' 00" W 1109.19 ft
to the place of BEGINNING.
TRACT C:
An undivided one-half (1/2) interest in and to the following
described parcels of land, to-wit:
Parcel 1:
BEING 4.4662 acres of land, more or less, lying and being situated
in Kinney County, Texas, about seven miles N 21° W of Brackettville,
the County Seat, all out of Sur. No. 409, B.B.B & C RR. Co., Original
Grantee, Abst. No. 20; said 4 4662 acres being more fully described
by metes and bounds as follows:
BEGINNING at a 5/8" Steel Pin set for the north corner of this
tract, in the N.E. line of Sur. No. 409, and distant 4382.33 ft. N
57° 49' 51" W of its East corner;
THENCE crossing Road S 58° 00' 21" E 49.58 ft. to a point for the east
corner;
THENCE S 32° 06' 15" W 4011 33 ft. to a 5/8" Steel Pin for the South
corner, set in the N E. Right-of-Way line of Ranch Road No. 2804;
THENCE along said R.O.W N 56° 58 00" W 47.44 ft to a 5/8" Steel Pin
for the West corner;
THENCE N 32° 04' 25" E 4010 47 ft to the place of BEGINNING.
Parcel 2:
BEING 11 010 acres of land, more or less, lying and being situated
in Kinney County, Texas, about seven miles N 21° W of Brackettville,
the County Seat, all out of Sur No. 413, S F A.M & I Co., Original
Grantee, Abst. No. 570, said 11.0100 acres being more fully
described by metes and bounds, as follows:
BEGINNING at a 5/8" Steel Pin set for the West corner of this tract,
in the S W. line of Sur No. 413, and distant 4382 22 ft. N 57° 49' 51"
W of its South corner;
THENCE with fence N 29° 02' 19" E 136.01 ft. to a corner;
THENCE with fence as follows:
N 35° 50' 10" E 3621.84 ft.
N 35° 46' 18" E 146 45 ft.
N 35° 49' 53" E 74.75 ft.
N 32° 09' 56" E 891 62 ft to a 5/8" Steel Pin for the North
corner;
THENCE crossing Road, S 45° 31' 58" E 51.89 ft. to a fence corner, at
5/8" Steel Pin;
THENCE with fence, S 32° 02' 11" W 2598 06 ft. to a corner;
THENCE with fence S 38° 43' 57" W 2146.97 ft. and S 32° 06' 15" W
120.46 ft. to a point for a corner;
THENCE crossing Road N 58° 00' 21" W 49.58 ft. to the place of
BEGINNING
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. 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, 2015.
Sur. No. Original Grantee Abst. No. Acres.
3 H. L. Dignowity 621 72.3267
268 P. Moore 507 2.5831
517 H. E. & W. T. R.R. Co. 816 419.8181
523 H. E. & W. T. R.R. Co. 817 164.8747
524 G. Dietzel 1673 262.2525
Sur. No. Original Grantee Abst. No. Acres
3 H L. Dignowity 621 7.6652
267 H. N Cleveland 38 37.7480
268 P Moore 507 578.5462
524 G Dietzel 1673 56.0592