86R19615 TSR-F
By: Burns H.B. No. 4724
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Dove Valley Ranch Municipal Utility
District of Johnson County; granting a limited power of eminent
domain; 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 7895 to read as follows:
CHAPTER 7895. DOVE VALLEY RANCH MUNICIPAL UTILITY DISTRICT OF
JOHNSON COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7895.0101. 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 Dove Valley Ranch Municipal
Utility District of Johnson County.
Sec. 7895.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7895.0103. 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. 7895.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7895.0103 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. 7895.0105. 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, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7895.0106. 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. 7895.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7895.0202, directors
serve staggered four-year terms.
Sec. 7895.0202. TEMPORARY DIRECTORS. (a) On or after
September 1, 2019, 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 five persons named in the petition. The commission
shall appoint as temporary directors the five persons named in the
petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7895.0103; or
(2) September 1, 2023.
(c) If permanent directors have not been elected under
Section 7895.0103 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 7895.0103; 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. 7895.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7895.0302. 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. 7895.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7895.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7895.0305. 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. 7895.0306. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
7895.0103 to confirm the district's creation.
(f) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 7895.0103. If the voters of a new district do not confirm
the creation of the new district, the assets, obligations,
territory, and governance of the new district revert to the
original district.
(i) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
7895.0104 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(k) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7895.0401. 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 7895.0403.
(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. 7895.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7895.0401, 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. 7895.0403. 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. 7895.0501. 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. 7895.0502. 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. 7895.0503. 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 Dove Valley Ranch Municipal Utility District
of Johnson County initially includes all the territory contained in
the following area:
574.533 acres of land situated in Johnson County, Texas,
being made up of the following three (3) tracts of land:
Tract I:
BEING all that certain tract or parcel of land lying and being
situated in the JOHNSON COUNTY SCHOOL SURVEY ABSTRACT NO. 437,
Johnson County, Texas and being the remainder of a tract described
in deed to Daniel Cattle Company recorded in Book 3425, Page 705,
Deed Records, Johnson County, Texas and being more particularly
described as follows:
BEGINNING at a fence corner post at the intersection of the
north line of said Daniel Tract and the East right of way line of
F.M. Road 2331 and being on the south line of a tract described in a
deed to P.C. Bishop et ux, recorded in Volume 424, Page 353, Deed
Records, Johnson County, Texas and being the Northwest corner of
the remainder of said Daniel Tract;
THENCE North 89 degrees 29 minutes 13 seconds East with the
north line of said Daniel Tract the south line of said Bishop Tract
part of the way, passing the southeast corner of said Bishop Tract
and the Southwest corner of a tract described in a deed to Susan R.
Welborn, recorded in Book 2578, Page 105, Deed Records, Johnson
County, Texas, continuing with the south line of said Welborn Tract
a total distance of 3398.43 feet to a set 1/2 inch iron pin stamped
"Metroplex 1849" at the Southwest corner of Mustang Estates Phase
1, an addition to the County of Johnson according to the plat
thereof recorded in Volume 8, Page 640-641, Plat Records, Johnson
County, Texas;
THENCE North 89 degrees 28 minutes 46 seconds East with the
North line of said Daniel tract and the South line of said Mustang
Estates a distance of 1262.51 feet to a set 1/2 inch iron pin
stamped "Metroplex 1849";
THENCE North 89 degrees 31 minutes 45 seconds East continuing
with the north line of said Daniel Tract and the south line of said
Mustang Estates a distance of 1378.82 feet to a set PK Nail at the
Northeast corner of said Daniel tract on the West line of a tract
described in a deed to Eugene Embry recorded in Book 2419, Page 755,
Deed Records, Johnson County, Texas and said nail being in County
Road 1004;
THENCE South 00 degrees 28 minutes 11 seconds East with the
east line of said Daniels Tract a distance of 2587.09 feet to a set
PK Nail at the southeast corner of said Daniels Tract being the
northeast corner of a tract described in a deed to John Walter
Hubbard recorded in Volume 750, Page 273, Deed Records, Johnson
County, Texas said corner also being on the west line of a tract
described in a deed to Evernon C. Carrell recorded in Volume 480,
Page 579, Deed Records, Johnson County, Texas;
THENCE South 89 degrees 47 minutes 22 seconds West with the
south line of said Daniel Tract, the north line of said John Walter
Hubbard Tract part of the way passing the northeast corner of a
tract described in a deed to Winford Gayland Hubbard et ux, recorded
in Volume 1533, Page 492, Deed Records, Johnson County, Texas,
continuing for a total distance of 3391.80 feet to a found iron pin
at the northwest corner of said Windford Gayland Hubbard Tract and
the northeast corner of a tract described in a deed to Mark E.
Angeledes and Delana D. Angeledes recorded in Book 2833, Page 944,
Deed Records, Johnson County, Texas;
THENCE South 89 degrees 18 minutes 56 seconds West with the
south line of said Daniel Tract, the north line of said Angeledes
Tract part of the way passing the northwest corner of said Angeledes
Tract and the northeast corner of a tract described in a deed to
Bart Lynch et ux recorded in Book 2805, Page 840, Deed Records,
Johnson County, Texas continuing with the north line of said Lynch
Tract a total distance of 1344.68 feet to a found iron pin at the
northwest corner of said Lynch Tract and the northeast corner of a
tract described in a deed to Ben Davis, Jr. recorded in Book 2355,
Page 431, Deed Records, Johnson County, Texas;
THENCE South 89 degrees 19 minutes 35 seconds West with the
south line of said Daniel Tract and the north line of said Davis
Tract a distance of 1307.95 feet to a found iron pin at the
intersection of the south line of said Daniel Tract and the east
right of way of F.M. Road 2331 and being the northwest corner of
said Davis Tract and the Southwest corner of the remainder of said
Daniel Tract;
THENCE North 00 degrees 22 minutes 01 seconds West with the
east right of way line of F.M. Road 2331 a distance of 2577.73 feet
to the POINT OF BEGINNING and Containing 357.408 acres of land, more
or less.
Tract II:
BEING all that certain tract or parcel of land lying and being
situated in the JOHNSON COUNTY SCHOOL SURVEY, ABSTRACT NO. 437,
Johnson County, Texas, and being a part of a tract described in a
deed to Susan Daniel Hammond et al, recorded in Volume 1222, Page
578, Deed Records, Johnson County, Texas and being more
particularly described as follows:
BEGINNING at a found iron pin at the southwest corner of a
tract described in a deed to Ben Davis, Jr. recorded in Volume 2355,
Page 431, Deed Records, Johnson County, Texas and being on the east
right of way line of F.M. 2331 from which a found iron pin at the
northwest corner of said Davis Tract bears North 00 degrees 22
minutes 00 seconds West a distance of 416.82 feet;
THENCE North 89 degrees 19 minutes 58 seconds East with the
south line of said Davis Tract a distance of 1307.25 feet to a found
iron pin at the southeast corner of said Davis Tract, and being on
the west line of a tract described in a deed to Bart Lynch et ux,
recorded in Book 2805, Page 840, Deed Records of Johnson County,
Texas;
THENCE South 00 degrees 22 minutes 09 seconds East with the
west line of said Lynch Tract, a distance of 1303.49 feet to a found
iron pin at the southwest corner of said Lynch Tract and the
northwest corner of a called Tract 1, described in a deed to Scott
Wayne Anderson et al recorded in Book 2509, Page 133, Deed Records
of Johnson County, Texas;
THENCE 00 degrees 23 minutes 53 seconds East with the west
line of said Anderson Tract a distance of 349.90 feet to a found
iron pin at the southwest corner of said Anderson Tract and the
northwest corner of a tract described in a deed to Winston E. Dixon
et ux recorded in Book 2802, Page 653, Deed Records, Johnson County,
Texas;
THENCE South 00 degrees 09 minutes 00 seconds East with the
west line of said Dixon Tract a distance of 516.60 feet to a set PK
Nail at the southwest corner of Dixon Tract and being on the south
line of said Hammond Tract;
THENCE South 89 degrees 19 minutes 43 seconds West with the
south line of said Hammond Tract a distance of 1255.64 feet to a set
PK Nail at the southern most southwest corner of said Hammond Tract
and being the east right of way line F.M. Road 2331;
THENCE North 00 degrees 17 minutes 46 seconds West with the
west line of said Hammond Tract and the east right of way line of
F.M. Road 2331 a distance of 20.11 feet to a set 1/2 inch iron pin
stamped "Metroplex 1849";
THENCE North 45 degrees 22 minutes 01 second West with the
west line of said Hammond Tract and the east right of way line of
F.M. Road 2331 a distance of 70.60 feet to a set 1/2 inch iron pin
stamped "Metroplex 1849";
THENCE North 00 degrees 22 minutes 00 seconds West with the
west line of said Hammond Tract and the east right of way line of
F.M. Road 2331 a distance of 2099.78 feet to the POINT OF BEGINNING
and containing 65.064 acres of land, more or less.
Tract III:
152.061 Acres situated in and being a portion of Sections 18
and 19, JOHNSON COUNTY SCHOOL LAND SURVEY, ABSTRACT No. 427,
Johnson County, Texas and being all those certain Lots, Tracts or
Parcels of land described by deeds to Ronald W. Welborn, Trustee,
recorded in Volume 2465, Page 461 and Susan R. Welborn, recorded in
Volume 2578, Page 105, Official Records, Johnson County, Texas and
being more particularly described by metes and bounds as follows:
BEGINNING at an iron rod set, said iron being the called
southwest corner of said Section 18;
THENCE N 00°22'34" W, 1316.79 feet to an iron rod set;
THENCE N 89°33'30"E, 232.98 feet to an iron rod set;
THENCE N 00°24'34" W, 1267.91 feet to an iron rod found;
THENCE N 89°33'32" E, at 3119.2 feet passing an iron rod found
in the west line of County Road No. 1004, as it exist and in all
3140.20 feet to a nail set in said county road;
THENCE S 00°24'30" E, 1700.08 feet to a nail in said county
road;
THENCE S 89°35'30" W, at 30.0 feet passing an iron rod found at
the northeast corner of Dove Valley Ranch, an addition to Johnson
County, Texas, according to the plat recorded in Volume 8, Page 641,
Plat Records, Johnson County, Texas and in all 380.50 feet to an
iron rod set at the most northerly northwest corner of said Dove
Valley Ranch;
THENCE with the line of said Dove Valley Ranch the following
courses and distances;
S 00°24'30" E, 239.47 feet to an iron rod found;
S 89°30'30" W, 2270.28 feet to an iron rod found;
S 00°26'18" E, 642.05 feet to an iron rod found at the
southwest corner of said Dove Valley Ranch;
THENCE S 89°27'14" W, 723.45 feet to the POINT OF BEGINNING
152.061 acres 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
7895, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7895.0307 to read as follows:
Sec. 7895.0307. 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 September 1, 2019.