By: Eltife S.B. No. 2066
(In the Senate - Filed April 28, 2015; April 29, 2015, read
first time and referred to Committee on Intergovernmental
Relations; May 12, 2015, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 12, 2015, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2066 By: Lucio
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Rose City Municipal Utility
District; providing authority to issue bonds; providing authority
to impose assessments and fees.
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 7958 to read as follows:
CHAPTER 7958. ROSE CITY MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7958.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Tyler.
(3) "Commission" means the Texas Commission on
Environmental Quality.
(4) "Director" means a board member.
(5) "District" means the Rose City Municipal Utility
District.
Sec. 7958.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7958.003. 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. 7958.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7958.003
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. 7958.005. 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. 7958.006. 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; or
(3) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7958.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7958.052, directors serve
staggered four-year terms.
Sec. 7958.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Martin Heines;
(2) John Nix;
(3) Sam Mezayek;
(4) Darryl Bowdre; and
(5) Edward Broussard.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7958.003; or
(2) September 1, 2019.
(c) If permanent directors have not been elected under
Section 7958.003 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 7958.003; 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.
Sec. 7958.053. QUALIFICATIONS OF DIRECTORS.
(a) Notwithstanding any other law:
(1) an officer or employee of the city may serve as a
director of the district; and
(2) a member of the governing body of the city may
serve as a director of the district.
(b) A person who qualifies to serve as a director is
qualified to participate in all votes pertaining to the business of
the district, subject to Section 49.058, Water Code.
(c) Section 49.052, Water Code, does not apply to the
district.
Sec. 7958.054. COMPENSATION; REIMBURSEMENT. A director
serves without compensation but may receive reimbursement for
actual expenses reasonably and necessarily incurred while engaging
in activities on behalf of the district.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7958.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7958.102. 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. 7958.103. 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.
Sec. 7958.104. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7958.151. ELECTIONS REGARDING BONDS. The district may
issue, without an election, bonds and other obligations secured by
revenue other than ad valorem taxes.
Sec. 7958.152. PROHIBITION ON IMPOSITION OF TAXES.
(a) The district may not impose an ad valorem tax for any purpose.
(b) Section 49.107, Water Code, does not apply to the
district.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7958.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from impact fees, revenue, contract
payments, grants, or other district money, or any combination of
those sources, to pay for any authorized district purpose.
SECTION 2. The Rose City Municipal Utility District
initially includes all the territory contained in the following
area:
BEGINNING at a point at the southwest corner of the intersection of
Grande Blvd and S Broadway Ave also the northeast corner of lot 12F
N.C.B. 1434.
THENCE travel Southerly along the west ROW of S Broadway Ave
approximately 18,456 ft to the southeast corner of lot 1 N.C.B. 1700
fronting S Broadway Ave.
THENCE Westerly approximately 354 ft along the south edge of lot 1
N.C.B. 1700.
THENCE Southwesterly direction 221 ft along the east edge of lot 1
N.C.B. 1700.
THENCE Westerly approximately 1,255 ft along the southern line of
lot 1 N.C.B. 1700 to lot 12.
THENCE Westerly approximately 75 ft along the southern line of lot
12.
THENCE Northerly approximately 1,100 ft along the west line of lot
12 to lot 1 N.C.B. 1700.
THENCE Northerly approximately 1,985 ft along the west line of lot 1
N.C.B. 1700 to the south ROW line of FM 2813.
THENCE Northerly approximately 60 ft across the ROW of FM 2813 to
the southeast lot of 23A N.C.B. 1539M.
THENCE Travel Westerly along the north ROW of FM 2813 approximately
4,110 ft to the southwest corner of lot 1A N.C.B. 1539M of the north
ROW of FM 2813 and east ROW of Neighbors Rd.
THENCE Travel Northerly along the east ROW of Neighbors Rd
approximately 3,670 ft (Crossing Loop 49 at approx. 1,900') to the
southwest corner of lot 2A N.C.B. 1138G.
THENCE Northwesterly across the ROW of Cherryhill Dr approximately
135 ft to southeast corner of lot 1A N.C.B. 1138H of the west ROW of
Cherryhill Dr and north ROW of Neighbors Rd.
THENCE Travel Westerly along the north ROW of Neighbors Rd
approximately 2,770 ft to the intersection of Neighbors Rd and
Stonebridge Way of the southwest corner of lot 9 N.C.B. 1137B.
THENCE Travel Northerly along the east ROW of Stonebridge Way
approximately 1,420 ft to the southwest corner of greenway N.C.B.
1137A.
THENCE Northwesterly Cross the ROW of Stonebridge Way 117 ft to the
southeast corner of lot 10 N.C.B. 1137 the north ROW of Balsam Gap
and west ROW of Stonebridge Way.
THENCE Westerly along the north ROW of Balsam Way approximately
685' and continue Northwesterly along Balsam Way ROW approximately
520 feet and continue along Balsam Way ROW approximately 420 feet to
the east ROW of FM 2493 of the corner of lot 24 along the east ROW of
FM 2493.
THENCE Travel North Northeasterly along the east ROW of FM 2493 (Old
Jacksonville Hwy) Approximately 3,380 ft.
THENCE Northwesterly Cross the ROW of Old Jacksonville Hwy
approximately 76 ft to the southeast corner of lot 10.
THENCE Northwesterly Along the south line of lot 10 approximately
460 ft to the southeast corner of lot 6 block 1 of Knollwood
Subdivision Unit 3.
THENCE Northerly Along the east line of lot 6 block 1 of Knollwood
Subdivision Unit 3 approximately 90 ft to the southeast corner of
lot 7 block 1 of Knollwood Subdivision Unit 3.
THENCE Northerly Along the east line of lot 7 block 1 of Knollwood
Subdivision Unit 3 to the northeast corner at the south ROW of
Willowood Dr.
THENCE Northerly Cross the ROW of Willowood Dr 60 ft to the
southeast corner of lot 25 block 2 of Knollwood Subdivision.
THENCE Northerly Along the east line of lot 25 block 2 of Knollwood
Subdivision approximately 166 ft to the northeast corner.
THENCE Westerly Along the north line of lot 25 block 2 of Knollwood
Subdivision approximately 102 ft to northeast corner of lot 24
block 2 of Knollwood Subdivision.
THENCE Westerly Along the north line of lot 24 block 2 of Knollwood
Subdivision approximately 96 ft to the northeast corner of lot 23
block 2 of Knollwood Subdivision.
THENCE Westerly Along the north line of lot 23 block 2 of Knollwood
Subdivision approximately 138 ft to the northeast corner of lot 22
block 2 of Knollwood Subdivision.
THENCE Westerly Along the north line of 22 block 2 of Knollwood
Subdivision approximately 19 ft to northwest corner.
THENCE Northwesterly From the northwest corner of 22 block 2 of
Knollwood Subdivision travel across approximately the east ROW of
Mahar Rd (C R 164).
THENCE Northwesterly Cross the ROW of Mahor Rd (C R 164)
approximately 133 ft. to the northeast corner of lot 6 N.C.B. 1660B
of the west ROW of Mahor Rd (C R 164).
THENCE Southwesterly Travel along the west ROW of Mahor Rd (C R 164)
approximately 550 ft to the southeast corner of lot 2A N.C.B. 1660E.
THENCE West Northwesterly Along the south line of lot 2A N.C.B.
1660E approximately 80 ft to the southeast corner of lot 4A N.C.B.
1660E.
THENCE West Northwesterly Along the south line of lot 4A N.C.B.
1660E approximately 73 ft to the southeast corner of lot 10 N.C.B.
1660E.
THENCE West Northwesterly Along the south line of lot 10 N.C.B.
1660E approximately 133 ft to the southwest corner.
THENCE North Northeasterly From the southwest corner of lot 10
N.C.B. 1660E travel the west line approximately 69 ft to southwest
corner of lot 9 N.C.B. 1660E.
THENCE North Northeasterly Along the west line of lot 9 N.C.B. 1660E
approximately 50 ft to the southwest corner of lot 8 N.C.B. 1660E.
THENCE North Northeasterly Along the west line of lot 8 N.C.B. 1660E
approximately 50 ft to the southwest corner of lot 7 N.C.B. 1660E.
THENCE North Northeasterly Along the west line of lot 7 N.C.B. 1660E
approximately 51 ft to the southwest corner of lot 6 N.C.B. 1660E.
THENCE North Northeasterly Along the west line of lot 6 N.C.B. 1660E
approximately 51 ft to the northwest corner and the southwest
corner of lot 7C.
THENCE Westerly From the northwest corner of lot 6 N.C.B. 1660E
travel along the south line of lot 7C approximately 275 ft to the
southeast corner of lot 7 N.C.B. 1660J.
THENCE Westerly Along the south line of lot 7 N.C.B. 1660J
approximately 206 ft to the southeast corner of lot 7A.
THENCE Westerly Along the south line of lot 7A approximately 643 ft
to the southwest corner.
THENCE Northerly From the southwest corner of lot 7A, travel the
west line 1,242 ft to the northwest corner of the side line of lot 5.
THENCE Westerly Along the south line of lot 5 approximately 796 ft
to the southwest corner and southwest corner of lot 5B.
THENCE North Northeasterly From the southwest corner of lot 5 and
southwest corner of lot 5B, approximately 426 ft along the west line
of lot 5 and south line of lot 5B to the southwest corner of lot 5C.
THENCE North Northeasterly Along the south line of lot 5C
approximately 406 ft to the southeast corner.
THENCE North Northwesterly From the southeast corner of lot 5C
along the east line of lot 5C to the northeast corner and south ROW
of C R 192 approximately 232 ft.
THENCE Northeasterly Travel the south ROW of C R 192 approximately
311 ft on west line of lot 5.
THENCE Easterly In an east direction approximately 763 ft within
lot 5 along Tyler city limits.
THENCE Southerly along the city limits line within lot 5
approximately 300 ft.
THENCE In a southeasterly direction along the city limits line
within lot 5 approximately 70 ft.
THENCE Northerly along the city limits line within lot 5
approximately 317 ft.
THENCE Easterly along the city limits line within lot 5
approximately 654 ft.
THENCE Southerly along the city limits line within lot 5
approximately 300 ft.
THENCE Easterly along the city limits line within lot 5
approximately 110 ft to the east line of lot 5.
THENCE Northerly along the east line of lot 5 approximately 380 ft
to the north line and south line of lot 16.
THENCE Easterly Along the north line of lot 7A approximately 1,022
ft the northeast corner and southwest corner of the ROW of Three
Lakes Pkwy.
THENCE Cross the ROW of Three Lakes Pkwy approximately 40 ft to the
southwest corner of lot 36 N.C.B. 1660A.
THENCE Northerly Along the west line of lot 36 N.C.B. 1660A
approximately 2,467 ft to the northwest corner and south ROW of Old
Noonday Rd.
THENCE Northerly Travel approximately 290 ft on the east ROW of Old
Noonday Rd and to the southwest corner of lot 1 N.C.B. 1660G.
THENCE Northwesterly From the southwest corner of lot 1 N.C.B.
1660G, cross Old Noonday Rd ROW 56 ft to the southeast corner lot of
24 N.C.B. 1539M.
THENCE Westerly Along the south line of lot 24 N.C.B. 1539M
approximately 1,000. ft to the southeast corner of lot 19 N.C.B.
1539M.
THENCE Westerly Along the south line of lot 19 N.C.B. 1539M
approximately 2,555 ft to the southwest corner.
THENCE Northerly From the southwest corner of lot 19 N.C.B. 1539M
approximately 1,090 ft along the west line to the southwest corner
of lot 2A N.C.B. 1539M.
THENCE Northerly Along the west line of lot 2A N.C.B. 1539M
approximately 266 ft to the southeast corner of lot 1U N.C.B. 1539M.
THENCE Northwesterly Along the south line of lot 1U N.C.B. 1539M
approximately 293 ft.
THENCE In a southwesterly direction approximately 92 ft to the east
ROW of State Hwy 155 S and northwest corner of lot 1E.
THENCE Northeasterly Travel along the east ROW of State Hwy 155 S
and lot 1U N.C.B. 1539M approximately 333 to the northwest corner
and south ROW of W Grande Blvd.
THENCE Westerly Travel along the south ROW of W Grande Blvd
approximately 16,104 ft to S Broadway Ave and the Point 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 September 1, 2015.
* * * * *