Texas 2015 - 84th Regular

Texas Senate Bill SB2066 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Eltife S.B. No. 2066
2	2	(Schaefer)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Rose City Municipal Utility
7	7	District; providing authority to issue bonds; providing authority
8	8	to impose assessments and fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 7958 to read as follows:
12	12	CHAPTER 7958. ROSE CITY MUNICIPAL UTILITY DISTRICT
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 7958.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "City" means the City of Tyler.
17	17	(3) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(4) "Director" means a board member.
20	20	(5) "District" means the Rose City Municipal Utility
21	21	District.
22	22	Sec. 7958.002. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 7958.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 7958.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 7958.003
31	31	until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district.
35	35	Sec. 7958.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	36	(a) The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of a
38	38	municipal utility district as provided by general law and Section
39	39	59, Article XVI, Texas Constitution.
40	40	Sec. 7958.006. INITIAL DISTRICT TERRITORY. (a) The
41	41	district is initially composed of the territory described by
42	42	Section 2 of the Act enacting this chapter.
43	43	(b) The boundaries and field notes contained in Section 2 of
44	44	the Act enacting this chapter form a closure. A mistake made in the
45	45	field notes or in copying the field notes in the legislative process
46	46	does not affect the district's:
47	47	(1) organization, existence, or validity;
48	48	(2) right to issue any type of bond for the purposes
49	49	for which the district is created or to pay the principal of and
50	50	interest on a bond; or
51	51	(3) legality or operation.
52	52	SUBCHAPTER B. BOARD OF DIRECTORS
53	53	Sec. 7958.051. GOVERNING BODY; TERMS. (a) The district is
54	54	governed by a board of five elected directors.
55	55	(b) Except as provided by Section 7958.052, directors serve
56	56	staggered four-year terms.
57	57	Sec. 7958.052. TEMPORARY DIRECTORS. (a) The temporary
58	58	board consists of:
59	59	(1) Martin Heines;
60	60	(2) John Nix;
61	61	(3) Sam Mezayek;
62	62	(4) Darryl Bowdre; and
63	63	(5) Edward Broussard.
64	64	(b) Temporary directors serve until the earlier of:
65	65	(1) the date permanent directors are elected under
66	66	Section 7958.003; or
67	67	(2) September 1, 2019.
68	68	(c) If permanent directors have not been elected under
69	69	Section 7958.003 and the terms of the temporary directors have
70	70	expired, successor temporary directors shall be appointed or
71	71	reappointed as provided by Subsection (d) to serve terms that
72	72	expire on the earlier of:
73	73	(1) the date permanent directors are elected under
74	74	Section 7958.003; or
75	75	(2) the fourth anniversary of the date of the
76	76	appointment or reappointment.
77	77	(d) If Subsection (c) applies, the owner or owners of a
78	78	majority of the assessed value of the real property in the district
79	79	may submit a petition to the commission requesting that the
80	80	commission appoint as successor temporary directors the five
81	81	persons named in the petition. The commission shall appoint as
82	82	successor temporary directors the five persons named in the
83	83	petition.
84	84	Sec. 7958.053. QUALIFICATIONS OF DIRECTORS.
85	85	(a) Notwithstanding any other law:
86	86	(1) an officer or employee of the city may serve as a
87	87	director of the district; and
88	88	(2) a member of the governing body of the city may
89	89	serve as a director of the district.
90	90	(b) A person who qualifies to serve as a director is
91	91	qualified to participate in all votes pertaining to the business of
92	92	the district, subject to Section 49.058, Water Code.
93	93	(c) Section 49.052, Water Code, does not apply to the
94	94	district.
95	95	Sec. 7958.054. COMPENSATION; REIMBURSEMENT. A director
96	96	serves without compensation but may receive reimbursement for
97	97	actual expenses reasonably and necessarily incurred while engaging
98	98	in activities on behalf of the district.
99	99	SUBCHAPTER C. POWERS AND DUTIES
100	100	Sec. 7958.101. GENERAL POWERS AND DUTIES. The district has
101	101	the powers and duties necessary to accomplish the purposes for
102	102	which the district is created.
103	103	Sec. 7958.102. MUNICIPAL UTILITY DISTRICT POWERS AND
104	104	DUTIES. The district has the powers and duties provided by the
105	105	general law of this state, including Chapters 49 and 54, Water Code,
106	106	applicable to municipal utility districts created under Section 59,
107	107	Article XVI, Texas Constitution.
108	108	Sec. 7958.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
109	109	OR RESOLUTION. The district shall comply with all applicable
110	110	requirements of any ordinance or resolution that is adopted under
111	111	Section 54.016 or 54.0165, Water Code, and that consents to the
112	112	creation of the district or to the inclusion of land in the
113	113	district.
114	114	Sec. 7958.104. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.
115	115	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
116	116	Sec. 7958.151. ELECTIONS REGARDING BONDS. The district may
117	117	issue, without an election, bonds and other obligations secured by
118	118	revenue other than ad valorem taxes.
119	119	Sec. 7958.152. PROHIBITION ON IMPOSITION OF TAXES.
120	120	(a) The district may not impose an ad valorem tax for any purpose.
121	121	(b) Section 49.107, Water Code, does not apply to the
122	122	district.
123	123	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
124	124	Sec. 7958.201. AUTHORITY TO ISSUE BONDS AND OTHER
125	125	OBLIGATIONS. The district may issue bonds or other obligations
126	126	payable wholly or partly from impact fees, revenue, contract
127	127	payments, grants, or other district money, or any combination of
128	128	those sources, to pay for any authorized district purpose.
129	129	SECTION 2. The Rose City Municipal Utility District
130	130	initially includes all the territory contained in the following
131	131	area:
132	132	BEGINNING at a point at the southwest corner of the intersection of
133	133	Grande Blvd and S Broadway Ave also the northeast corner of lot 12F
134	134	N.C.B. 1434.
135	135	THENCE travel Southerly along the west ROW of S Broadway Ave
136	136	approximately 18,456 ft to the southeast corner of lot 1 N.C.B. 1700
137	137	fronting S Broadway Ave.
138	138	THENCE Westerly approximately 354 ft along the south edge of lot 1
139	139	N.C.B. 1700.
140	140	THENCE Southwesterly direction 221 ft along the east edge of lot 1
141	141	N.C.B. 1700.
142	142	THENCE Westerly approximately 1,255 ft along the southern line of
143	143	lot 1 N.C.B. 1700 to lot 12.
144	144	THENCE Westerly approximately 75 ft along the southern line of lot
145	145	12.
146	146	THENCE Northerly approximately 1,100 ft along the west line of lot
147	147	12 to lot 1 N.C.B. 1700.
148	148	THENCE Northerly approximately 1,985 ft along the west line of lot 1
149	149	N.C.B. 1700 to the south ROW line of FM 2813.
150	150	THENCE Northerly approximately 60 ft across the ROW of FM 2813 to
151	151	the southeast lot of 23A N.C.B. 1539M.
152	152	THENCE Travel Westerly along the north ROW of FM 2813 approximately
153	153	4,110 ft to the southwest corner of lot 1A N.C.B. 1539M of the north
154	154	ROW of FM 2813 and east ROW of Neighbors Rd.
155	155	THENCE Travel Northerly along the east ROW of Neighbors Rd
156	156	approximately 3,670 ft (Crossing Loop 49 at approx. 1,900') to the
157	157	southwest corner of lot 2A N.C.B. 1138G.
158	158	THENCE Northwesterly across the ROW of Cherryhill Dr approximately
159	159	135 ft to southeast corner of lot 1A N.C.B. 1138H of the west ROW of
160	160	Cherryhill Dr and north ROW of Neighbors Rd.
161	161	THENCE Travel Westerly along the north ROW of Neighbors Rd
162	162	approximately 2,770 ft to the intersection of Neighbors Rd and
163	163	Stonebridge Way of the southwest corner of lot 9 N.C.B. 1137B.
164	164	THENCE Travel Northerly along the east ROW of Stonebridge Way
165	165	approximately 1,420 ft to the southwest corner of greenway N.C.B.
166	166	1137A.
167	167	THENCE Northwesterly Cross the ROW of Stonebridge Way 117 ft to the
168	168	southeast corner of lot 10 N.C.B. 1137 the north ROW of Balsam Gap
169	169	and west ROW of Stonebridge Way.
170	170	THENCE Westerly along the north ROW of Balsam Way approximately
171	171	685' and continue Northwesterly along Balsam Way ROW approximately
172	172	520 feet and continue along Balsam Way ROW approximately 420 feet to
173	173	the east ROW of FM 2493 of the corner of lot 24 along the east ROW of
174	174	FM 2493.
175	175	THENCE Travel North Northeasterly along the east ROW of FM 2493 (Old
176	176	Jacksonville Hwy) Approximately 3,380 ft.
177	177	THENCE Northwesterly Cross the ROW of Old Jacksonville Hwy
178	178	approximately 76 ft to the southeast corner of lot 10.
179	179	THENCE Northwesterly Along the south line of lot 10 approximately
180	180	460 ft to the southeast corner of lot 6 block 1 of Knollwood
181	181	Subdivision Unit 3.
182	182	THENCE Northerly Along the east line of lot 6 block 1 of Knollwood
183	183	Subdivision Unit 3 approximately 90 ft to the southeast corner of
184	184	lot 7 block 1 of Knollwood Subdivision Unit 3.
185	185	THENCE Northerly Along the east line of lot 7 block 1 of Knollwood
186	186	Subdivision Unit 3 to the northeast corner at the south ROW of
187	187	Willowood Dr.
188	188	THENCE Northerly Cross the ROW of Willowood Dr 60 ft to the
189	189	southeast corner of lot 25 block 2 of Knollwood Subdivision.
190	190	THENCE Northerly Along the east line of lot 25 block 2 of Knollwood
191	191	Subdivision approximately 166 ft to the northeast corner.
192	192	THENCE Westerly Along the north line of lot 25 block 2 of Knollwood
193	193	Subdivision approximately 102 ft to northeast corner of lot 24
194	194	block 2 of Knollwood Subdivision.
195	195	THENCE Westerly Along the north line of lot 24 block 2 of Knollwood
196	196	Subdivision approximately 96 ft to the northeast corner of lot 23
197	197	block 2 of Knollwood Subdivision.
198	198	THENCE Westerly Along the north line of lot 23 block 2 of Knollwood
199	199	Subdivision approximately 138 ft to the northeast corner of lot 22
200	200	block 2 of Knollwood Subdivision.
201	201	THENCE Westerly Along the north line of 22 block 2 of Knollwood
202	202	Subdivision approximately 19 ft to northwest corner.
203	203	THENCE Northwesterly From the northwest corner of 22 block 2 of
204	204	Knollwood Subdivision travel across approximately the east ROW of
205	205	Mahar Rd (C R 164).
206	206	THENCE Northwesterly Cross the ROW of Mahor Rd (C R 164)
207	207	approximately 133 ft. to the northeast corner of lot 6 N.C.B. 1660B
208	208	of the west ROW of Mahor Rd (C R 164).
209	209	THENCE Southwesterly Travel along the west ROW of Mahor Rd (C R 164)
210	210	approximately 550 ft to the southeast corner of lot 2A N.C.B. 1660E.
211	211	THENCE West Northwesterly Along the south line of lot 2A N.C.B.
212	212	1660E approximately 80 ft to the southeast corner of lot 4A N.C.B.
213	213	1660E.
214	214	THENCE West Northwesterly Along the south line of lot 4A N.C.B.
215	215	1660E approximately 73 ft to the southeast corner of lot 10 N.C.B.
216	216	1660E.
217	217	THENCE West Northwesterly Along the south line of lot 10 N.C.B.
218	218	1660E approximately 133 ft to the southwest corner.
219	219	THENCE North Northeasterly From the southwest corner of lot 10
220	220	N.C.B. 1660E travel the west line approximately 69 ft to southwest
221	221	corner of lot 9 N.C.B. 1660E.
222	222	THENCE North Northeasterly Along the west line of lot 9 N.C.B. 1660E
223	223	approximately 50 ft to the southwest corner of lot 8 N.C.B. 1660E.
224	224	THENCE North Northeasterly Along the west line of lot 8 N.C.B. 1660E
225	225	approximately 50 ft to the southwest corner of lot 7 N.C.B. 1660E.
226	226	THENCE North Northeasterly Along the west line of lot 7 N.C.B. 1660E
227	227	approximately 51 ft to the southwest corner of lot 6 N.C.B. 1660E.
228	228	THENCE North Northeasterly Along the west line of lot 6 N.C.B. 1660E
229	229	approximately 51 ft to the northwest corner and the southwest
230	230	corner of lot 7C.
231	231	THENCE Westerly From the northwest corner of lot 6 N.C.B. 1660E
232	232	travel along the south line of lot 7C approximately 275 ft to the
233	233	southeast corner of lot 7 N.C.B. 1660J.
234	234	THENCE Westerly Along the south line of lot 7 N.C.B. 1660J
235	235	approximately 206 ft to the southeast corner of lot 7A.
236	236	THENCE Westerly Along the south line of lot 7A approximately 643 ft
237	237	to the southwest corner.
238	238	THENCE Northerly From the southwest corner of lot 7A, travel the
239	239	west line 1,242 ft to the northwest corner of the side line of lot 5.
240	240	THENCE Westerly Along the south line of lot 5 approximately 796 ft
241	241	to the southwest corner and southwest corner of lot 5B.
242	242	THENCE North Northeasterly From the southwest corner of lot 5 and
243	243	southwest corner of lot 5B, approximately 426 ft along the west line
244	244	of lot 5 and south line of lot 5B to the southwest corner of lot 5C.
245	245	THENCE North Northeasterly Along the south line of lot 5C
246	246	approximately 406 ft to the southeast corner.
247	247	THENCE North Northwesterly From the southeast corner of lot 5C
248	248	along the east line of lot 5C to the northeast corner and south ROW
249	249	of C R 192 approximately 232 ft.
250	250	THENCE Northeasterly Travel the south ROW of C R 192 approximately
251	251	311 ft on west line of lot 5.
252	252	THENCE Easterly In an east direction approximately 763 ft within
253	253	lot 5 along Tyler city limits.
254	254	THENCE Southerly along the city limits line within lot 5
255	255	approximately 300 ft.
256	256	THENCE In a southeasterly direction along the city limits line
257	257	within lot 5 approximately 70 ft.
258	258	THENCE Northerly along the city limits line within lot 5
259	259	approximately 317 ft.
260	260	THENCE Easterly along the city limits line within lot 5
261	261	approximately 654 ft.
262	262	THENCE Southerly along the city limits line within lot 5
263	263	approximately 300 ft.
264	264	THENCE Easterly along the city limits line within lot 5
265	265	approximately 110 ft to the east line of lot 5.
266	266	THENCE Northerly along the east line of lot 5 approximately 380 ft
267	267	to the north line and south line of lot 16.
268	268	THENCE Easterly Along the north line of lot 7A approximately 1,022
269	269	ft the northeast corner and southwest corner of the ROW of Three
270	270	Lakes Pkwy.
271	271	THENCE Cross the ROW of Three Lakes Pkwy approximately 40 ft to the
272	272	southwest corner of lot 36 N.C.B. 1660A.
273	273	THENCE Northerly Along the west line of lot 36 N.C.B. 1660A
274	274	approximately 2,467 ft to the northwest corner and south ROW of Old
275	275	Noonday Rd.
276	276	THENCE Northerly Travel approximately 290 ft on the east ROW of Old
277	277	Noonday Rd and to the southwest corner of lot 1 N.C.B. 1660G.
278	278	THENCE Northwesterly From the southwest corner of lot 1 N.C.B.
279	279	1660G, cross Old Noonday Rd ROW 56 ft to the southeast corner lot of
280	280	24 N.C.B. 1539M.
281	281	THENCE Westerly Along the south line of lot 24 N.C.B. 1539M
282	282	approximately 1,000. ft to the southeast corner of lot 19 N.C.B.
283	283	1539M.
284	284	THENCE Westerly Along the south line of lot 19 N.C.B. 1539M
285	285	approximately 2,555 ft to the southwest corner.
286	286	THENCE Northerly From the southwest corner of lot 19 N.C.B. 1539M
287	287	approximately 1,090 ft along the west line to the southwest corner
288	288	of lot 2A N.C.B. 1539M.
289	289	THENCE Northerly Along the west line of lot 2A N.C.B. 1539M
290	290	approximately 266 ft to the southeast corner of lot 1U N.C.B. 1539M.
291	291	THENCE Northwesterly Along the south line of lot 1U N.C.B. 1539M
292	292	approximately 293 ft.
293	293	THENCE In a southwesterly direction approximately 92 ft to the east
294	294	ROW of State Hwy 155 S and northwest corner of lot 1E.
295	295	THENCE Northeasterly Travel along the east ROW of State Hwy 155 S
296	296	and lot 1U N.C.B. 1539M approximately 333 to the northwest corner
297	297	and south ROW of W Grande Blvd.
298	298	THENCE Westerly Travel along the south ROW of W Grande Blvd
299	299	approximately 16,104 ft to S Broadway Ave and the Point of
300	300	Beginning.
301	301	SECTION 3. (a) The legal notice of the intention to
302	302	introduce this Act, setting forth the general substance of this
303	303	Act, has been published as provided by law, and the notice and a
304	304	copy of this Act have been furnished to all persons, agencies,
305	305	officials, or entities to which they are required to be furnished
306	306	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
307	307	Government Code.
308	308	(b) The governor, one of the required recipients, has
309	309	submitted the notice and Act to the Texas Commission on
310	310	Environmental Quality.
311	311	(c) The Texas Commission on Environmental Quality has filed
312	312	its recommendations relating to this Act with the governor, the
313	313	lieutenant governor, and the speaker of the house of
314	314	representatives within the required time.
315	315	(d) All requirements of the constitution and laws of this
316	316	state and the rules and procedures of the legislature with respect
317	317	to the notice, introduction, and passage of this Act are fulfilled
318	318	and accomplished.
319	319	SECTION 4. This Act takes effect September 1, 2015.