1 | 1 | | H.B. No. 5344 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | AN ACT |
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5 | 5 | | relating to the eligibility of certain retired firefighters, police |
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6 | 6 | | officers, and emergency medical services providers to purchase |
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7 | 7 | | continued health benefits coverage; the creation of certain special |
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8 | 8 | | purpose districts and the name, powers, and duties of the 3 B&J |
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9 | 9 | | Municipal Utility District; granting a limited power of eminent |
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10 | 10 | | domain; providing authority to issue bonds; providing authority to |
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11 | 11 | | impose assessments, fees, and taxes. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 175.001, Local Government Code, is |
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14 | 14 | | amended to read as follows: |
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15 | 15 | | Sec. 175.001. APPLICABILITY. (a) In this section, |
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16 | 16 | | "township" means a special district with territory that only |
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17 | 17 | | includes a census designated place, as designated by the United |
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18 | 18 | | States Bureau of the Census. |
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19 | 19 | | (b) This chapter applies to a person who: |
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20 | 20 | | (1) retires from: |
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21 | 21 | | (A) county employment in a county with a |
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22 | 22 | | population of 75,000 or more; |
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23 | 23 | | (B) employment by an appraisal district in a |
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24 | 24 | | county with a population of 75,000 or more; |
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25 | 25 | | (C) municipal employment in a municipality with a |
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26 | 26 | | population of 25,000 or more; [or] |
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27 | 27 | | (D) employment as a firefighter or emergency |
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28 | 28 | | medical services provider by an emergency services district located |
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29 | 29 | | wholly or partly in a county with a population of 150,000 or more; |
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30 | 30 | | or |
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31 | 31 | | (E) employment as a firefighter, police officer, |
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32 | 32 | | or emergency medical services provider by a township with a |
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33 | 33 | | population of 110,000 or more; and |
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34 | 34 | | (2) is entitled to receive retirement benefits from a |
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35 | 35 | | county, appraisal district, or municipal retirement plan, [or] |
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36 | 36 | | emergency services district, or township. |
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37 | 37 | | SECTION 2. (a) Subtitle C, Title 4, Special District Local |
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38 | 38 | | Laws Code, is amended by adding Chapter 4001 to read as follows: |
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39 | 39 | | CHAPTER 4001. DENTON COUNTY MUNICIPAL MANAGEMENT DISTRICT NO. 2 |
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40 | 40 | | SUBCHAPTER A. GENERAL PROVISIONS |
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41 | 41 | | Sec. 4001.0101. DEFINITIONS. In this chapter: |
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42 | 42 | | (1) "Board" means the district's board of directors. |
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43 | 43 | | (2) "County" means Denton County, Texas. |
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44 | 44 | | (3) "Director" means a board member. |
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45 | 45 | | (4) "District" means the Denton County Municipal |
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46 | 46 | | Management District No. 2. |
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47 | 47 | | Sec. 4001.0102. NATURE OF DISTRICT. The Denton County |
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48 | 48 | | Municipal Management District No. 2 is a special district created |
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49 | 49 | | under Section 59, Article XVI, Texas Constitution. |
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50 | 50 | | Sec. 4001.0103. PURPOSE; DECLARATION OF INTENT. (a) The |
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51 | 51 | | creation of the district is essential to accomplish the purposes of |
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52 | 52 | | Sections 52 and 52-a, Article III, and Section 59, Article XVI, |
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53 | 53 | | Texas Constitution, and other public purposes stated in this |
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54 | 54 | | chapter. |
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55 | 55 | | (b) By creating the district and in authorizing the county |
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56 | 56 | | and other political subdivisions to contract with the district, the |
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57 | 57 | | legislature has established a program to accomplish the public |
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58 | 58 | | purposes set out in Section 52-a, Article III, Texas Constitution. |
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59 | 59 | | (c) The creation of the district is necessary to promote, |
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60 | 60 | | develop, encourage, and maintain employment, commerce, |
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61 | 61 | | transportation, housing, tourism, recreation, the arts, |
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62 | 62 | | entertainment, economic development, safety, and the public |
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63 | 63 | | welfare in the district. |
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64 | 64 | | (d) This chapter and the creation of the district may not be |
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65 | 65 | | interpreted to relieve the county from providing the level of |
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66 | 66 | | services provided as of the effective date of the Act enacting this |
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67 | 67 | | chapter to the area in the district. The district is created to |
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68 | 68 | | supplement and not to supplant county services provided in the |
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69 | 69 | | district. |
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70 | 70 | | Sec. 4001.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. |
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71 | 71 | | (a) All land and other property included in the district will |
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72 | 72 | | benefit from the improvements and services to be provided by the |
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73 | 73 | | district under powers conferred by Sections 52 and 52-a, Article |
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74 | 74 | | III, and Section 59, Article XVI, Texas Constitution, and other |
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75 | 75 | | powers granted under this chapter. |
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76 | 76 | | (b) The district is created to serve a public use and |
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77 | 77 | | benefit. |
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78 | 78 | | (c) The creation of the district is in the public interest |
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79 | 79 | | and is essential to further the public purposes of: |
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80 | 80 | | (1) developing and diversifying the economy of the |
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81 | 81 | | state; |
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82 | 82 | | (2) eliminating unemployment and underemployment; and |
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83 | 83 | | (3) developing or expanding transportation and |
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84 | 84 | | commerce. |
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85 | 85 | | (d) The district will: |
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86 | 86 | | (1) promote the health, safety, and general welfare of |
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87 | 87 | | residents, employers, potential employees, employees, visitors, |
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88 | 88 | | and consumers in the district, and of the public; |
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89 | 89 | | (2) provide needed funding for the district to |
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90 | 90 | | preserve, maintain, and enhance the economic health and vitality of |
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91 | 91 | | the district territory as a community and business center; |
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92 | 92 | | (3) promote the health, safety, welfare, and enjoyment |
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93 | 93 | | of the public by providing pedestrian ways and by landscaping and |
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94 | 94 | | developing certain areas in the district, which are necessary for |
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95 | 95 | | the restoration, preservation, and enhancement of scenic beauty; |
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96 | 96 | | and |
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97 | 97 | | (4) provide for water, wastewater, drainage, road, and |
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98 | 98 | | recreational facilities for the district. |
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99 | 99 | | (e) Pedestrian ways along or across a street, whether at |
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100 | 100 | | grade or above or below the surface, and street lighting, street |
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101 | 101 | | landscaping, parking, and street art objects are parts of and |
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102 | 102 | | necessary components of a street and are considered to be a street |
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103 | 103 | | or road improvement. |
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104 | 104 | | (f) The district will not act as the agent or |
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105 | 105 | | instrumentality of any private interest even though the district |
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106 | 106 | | will benefit many private interests as well as the public. |
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107 | 107 | | Sec. 4001.0105. INITIAL DISTRICT TERRITORY. (a) The |
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108 | 108 | | district is initially composed of the territory described by |
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109 | 109 | | Section 2(b) of the Act enacting this chapter. |
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110 | 110 | | (b) The boundaries and field notes contained in Section 2(b) |
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111 | 111 | | of the Act enacting this chapter form a closure. A mistake in the |
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112 | 112 | | field notes or in copying the field notes in the legislative process |
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113 | 113 | | does not affect the district's: |
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114 | 114 | | (1) organization, existence, or validity; |
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115 | 115 | | (2) right to issue any type of bonds for the purposes |
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116 | 116 | | for which the district is created or to pay the principal of and |
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117 | 117 | | interest on the bonds; |
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118 | 118 | | (3) right to impose or collect an assessment or tax; or |
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119 | 119 | | (4) legality or operation. |
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120 | 120 | | Sec. 4001.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES. |
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121 | 121 | | All or any part of the area of the district is eligible to be |
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122 | 122 | | included in: |
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123 | 123 | | (1) a tax increment reinvestment zone created under |
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124 | 124 | | Chapter 311, Tax Code; or |
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125 | 125 | | (2) a tax abatement reinvestment zone created under |
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126 | 126 | | Chapter 312, Tax Code. |
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127 | 127 | | Sec. 4001.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT |
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128 | 128 | | DISTRICTS LAW. Except as otherwise provided by this chapter, |
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129 | 129 | | Chapter 375, Local Government Code, applies to the district. |
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130 | 130 | | Sec. 4001.0108. CONSTRUCTION OF CHAPTER. This chapter |
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131 | 131 | | shall be liberally construed in conformity with the findings and |
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132 | 132 | | purposes stated in this chapter. |
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133 | 133 | | SUBCHAPTER B. BOARD OF DIRECTORS |
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134 | 134 | | Sec. 4001.0201. GOVERNING BODY; TERMS. (a) The district is |
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135 | 135 | | governed by a board of five elected directors who serve staggered |
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136 | 136 | | terms of four years. |
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137 | 137 | | (b) Directors are elected in the manner provided by |
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138 | 138 | | Subchapter D, Chapter 49, Water Code. |
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139 | 139 | | Sec. 4001.0202. COMPENSATION; EXPENSES. (a) The district |
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140 | 140 | | may compensate each director in an amount not to exceed $150 for |
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141 | 141 | | each board meeting. The total amount of compensation for each |
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142 | 142 | | director in one year may not exceed $7,200. |
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143 | 143 | | (b) A director is entitled to reimbursement for necessary |
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144 | 144 | | and reasonable expenses incurred in carrying out the duties and |
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145 | 145 | | responsibilities of the board. |
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146 | 146 | | Sec. 4001.0203. TEMPORARY DIRECTORS. (a) On or after the |
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147 | 147 | | effective date of the Act enacting this chapter, the owner or owners |
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148 | 148 | | of a majority of the assessed value of the real property in the |
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149 | 149 | | district may submit a petition to the Texas Commission on |
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150 | 150 | | Environmental Quality requesting that the commission appoint as |
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151 | 151 | | temporary directors the five persons named in the petition. The |
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152 | 152 | | commission shall appoint as temporary directors the five persons |
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153 | 153 | | named in the petition. |
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154 | 154 | | (b) The temporary or successor temporary directors shall |
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155 | 155 | | hold an election to elect five permanent directors as provided by |
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156 | 156 | | Section 49.102, Water Code. |
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157 | 157 | | (c) Temporary directors serve until the earlier of: |
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158 | 158 | | (1) the date permanent directors are elected under |
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159 | 159 | | Subsection (b); or |
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160 | 160 | | (2) the fourth anniversary of the effective date of |
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161 | 161 | | the Act enacting this chapter. |
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162 | 162 | | (d) If permanent directors have not been elected under |
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163 | 163 | | Subsection (b) and the terms of the temporary directors have |
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164 | 164 | | expired, successor temporary directors shall be appointed or |
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165 | 165 | | reappointed as provided by Subsection (e) to serve terms that |
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166 | 166 | | expire on the earlier of: |
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167 | 167 | | (1) the date permanent directors are elected under |
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168 | 168 | | Subsection (b); or |
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169 | 169 | | (2) the fourth anniversary of the date of the |
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170 | 170 | | appointment or reappointment. |
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171 | 171 | | (e) If Subsection (d) applies, the owner or owners of a |
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172 | 172 | | majority of the assessed value of the real property in the district |
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173 | 173 | | may submit a petition to the commission requesting that the |
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174 | 174 | | commission appoint as successor temporary directors the five |
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175 | 175 | | persons named in the petition. The commission shall appoint as |
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176 | 176 | | successor temporary directors the five persons named in the |
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177 | 177 | | petition. |
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178 | 178 | | SUBCHAPTER C. POWERS AND DUTIES |
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179 | 179 | | Sec. 4001.0301. GENERAL POWERS AND DUTIES. The district |
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180 | 180 | | has the powers and duties necessary to accomplish the purposes for |
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181 | 181 | | which the district is created. |
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182 | 182 | | Sec. 4001.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The |
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183 | 183 | | district, using any money available to the district for the |
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184 | 184 | | purpose, may provide, design, construct, acquire, improve, |
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185 | 185 | | relocate, operate, maintain, or finance an improvement project or |
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186 | 186 | | service authorized under this chapter or Chapter 375, Local |
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187 | 187 | | Government Code. |
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188 | 188 | | (b) The district may contract with a governmental or private |
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189 | 189 | | entity to carry out an action under Subsection (a). |
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190 | 190 | | (c) The implementation of a district project or service is a |
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191 | 191 | | governmental function or service for the purposes of Chapter 791, |
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192 | 192 | | Government Code. |
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193 | 193 | | Sec. 4001.0303. NONPROFIT CORPORATION. (a) The board by |
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194 | 194 | | resolution may authorize the creation of a nonprofit corporation to |
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195 | 195 | | assist and act for the district in implementing a project or |
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196 | 196 | | providing a service authorized by this chapter. |
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197 | 197 | | (b) The nonprofit corporation: |
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198 | 198 | | (1) has each power of and is considered to be a local |
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199 | 199 | | government corporation created under Subchapter D, Chapter 431, |
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200 | 200 | | Transportation Code; and |
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201 | 201 | | (2) may implement any project and provide any service |
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202 | 202 | | authorized by this chapter. |
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203 | 203 | | (c) The board shall appoint the board of directors of the |
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204 | 204 | | nonprofit corporation. The board of directors of the nonprofit |
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205 | 205 | | corporation shall serve in the same manner as the board of directors |
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206 | 206 | | of a local government corporation created under Subchapter D, |
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207 | 207 | | Chapter 431, Transportation Code, except that a board member is not |
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208 | 208 | | required to reside in the district. |
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209 | 209 | | Sec. 4001.0304. LAW ENFORCEMENT SERVICES. To protect the |
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210 | 210 | | public interest, the district may contract with a qualified party, |
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211 | 211 | | including the county, to provide law enforcement services in the |
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212 | 212 | | district for a fee. |
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213 | 213 | | Sec. 4001.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. |
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214 | 214 | | The district may join and pay dues to a charitable or nonprofit |
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215 | 215 | | organization that performs a service or provides an activity |
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216 | 216 | | consistent with the furtherance of a district purpose. |
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217 | 217 | | Sec. 4001.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The |
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218 | 218 | | district may engage in activities that accomplish the economic |
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219 | 219 | | development purposes of the district. |
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220 | 220 | | (b) The district may establish and provide for the |
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221 | 221 | | administration of one or more programs to promote state or local |
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222 | 222 | | economic development and to stimulate business and commercial |
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223 | 223 | | activity in the district, including programs to: |
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224 | 224 | | (1) make loans and grants of public money; and |
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225 | 225 | | (2) provide district personnel and services. |
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226 | 226 | | (c) The district may create economic development programs |
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227 | 227 | | and exercise the economic development powers provided to |
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228 | 228 | | municipalities by: |
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229 | 229 | | (1) Chapter 380, Local Government Code; and |
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230 | 230 | | (2) Subchapter A, Chapter 1509, Government Code. |
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231 | 231 | | Sec. 4001.0307. PARKING FACILITIES. (a) The district may |
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232 | 232 | | acquire, lease as lessor or lessee, construct, develop, own, |
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233 | 233 | | operate, and maintain parking facilities or a system of parking |
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234 | 234 | | facilities, including lots, garages, parking terminals, or other |
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235 | 235 | | structures or accommodations for parking motor vehicles off the |
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236 | 236 | | streets and related appurtenances. |
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237 | 237 | | (b) The district's parking facilities serve the public |
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238 | 238 | | purposes of the district and are owned, used, and held for a public |
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239 | 239 | | purpose even if leased or operated by a private entity for a term of |
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240 | 240 | | years. |
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241 | 241 | | (c) The district's parking facilities are parts of and |
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242 | 242 | | necessary components of a street and are considered to be a street |
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243 | 243 | | or road improvement. |
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244 | 244 | | (d) The development and operation of the district's parking |
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245 | 245 | | facilities may be considered an economic development program. |
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246 | 246 | | Sec. 4001.0308. ADDING OR EXCLUDING LAND. The district may |
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247 | 247 | | add or exclude land in the manner provided by Subchapter J, Chapter |
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248 | 248 | | 49, Water Code, or by Subchapter H, Chapter 54, Water Code. |
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249 | 249 | | Sec. 4001.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. The |
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250 | 250 | | board by resolution shall establish the number of directors' |
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251 | 251 | | signatures and the procedure required for a disbursement or |
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252 | 252 | | transfer of district money. |
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253 | 253 | | Sec. 4001.0310. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT. |
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254 | 254 | | Section 375.161, Local Government Code, does not apply to the |
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255 | 255 | | district. |
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256 | 256 | | Sec. 4001.0311. EMINENT DOMAIN. The district may exercise |
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257 | 257 | | the power of eminent domain in the manner provided by Section |
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258 | 258 | | 49.222, Water Code. |
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259 | 259 | | Sec. 4001.0312. DIVISION OF DISTRICT. (a) The district |
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260 | 260 | | may be divided into two or more new districts only if the district: |
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261 | 261 | | (1) has no outstanding bonded debt; and |
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262 | 262 | | (2) is not imposing ad valorem taxes. |
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263 | 263 | | (b) This chapter applies to any new district created by the |
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264 | 264 | | division of the district, and a new district has all the powers and |
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265 | 265 | | duties of the district. |
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266 | 266 | | (c) Any new district created by the division of the district |
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267 | 267 | | may not, at the time the new district is created, contain any land |
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268 | 268 | | outside the area described by Section 2(b) of the Act enacting this |
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269 | 269 | | chapter. |
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270 | 270 | | (d) The board, on its own motion or on receipt of a petition |
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271 | 271 | | signed by the owner or owners of a majority of the assessed value of |
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272 | 272 | | the real property in the district, may adopt an order dividing the |
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273 | 273 | | district. |
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274 | 274 | | (e) An order dividing the district must: |
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275 | 275 | | (1) name each new district; |
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276 | 276 | | (2) include the metes and bounds description of the |
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277 | 277 | | territory of each new district; |
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278 | 278 | | (3) appoint temporary directors for each new |
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279 | 279 | | district; and |
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280 | 280 | | (4) provide for the division of assets and liabilities |
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281 | 281 | | between or among the new districts. |
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282 | 282 | | (f) On or before the 30th day after the date of adoption of |
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283 | 283 | | an order dividing the district, the district shall file the order |
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284 | 284 | | with the Texas Commission on Environmental Quality and record the |
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285 | 285 | | order in the real property records of each county in which the |
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286 | 286 | | district is located. |
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287 | 287 | | (g) Any new district created by the division of the district |
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288 | 288 | | must hold an election as required by this chapter to obtain voter |
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289 | 289 | | approval before the district may impose a maintenance tax or issue |
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290 | 290 | | bonds payable wholly or partly from ad valorem taxes. |
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291 | 291 | | (h) Municipal consent to the creation of the district and to |
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292 | 292 | | the inclusion of land in the district granted under Section |
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293 | 293 | | 4001.0506 acts as municipal consent to the creation of any new |
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294 | 294 | | district created by the division of the district and to the |
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295 | 295 | | inclusion of land in the new district. |
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296 | 296 | | SUBCHAPTER D. ASSESSMENTS |
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297 | 297 | | Sec. 4001.0401. PETITION REQUIRED FOR FINANCING SERVICES |
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298 | 298 | | AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a |
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299 | 299 | | service or improvement project with assessments under this chapter |
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300 | 300 | | unless a written petition requesting that service or improvement |
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301 | 301 | | has been filed with the board. |
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302 | 302 | | (b) A petition filed under Subsection (a) must be signed by |
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303 | 303 | | the owners of a majority of the assessed value of real property in |
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304 | 304 | | the district subject to assessment according to the most recent |
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305 | 305 | | certified tax appraisal roll for the county. |
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306 | 306 | | Sec. 4001.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) |
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307 | 307 | | The board by resolution may impose and collect an assessment for any |
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308 | 308 | | purpose authorized by this chapter in all or any part of the |
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309 | 309 | | district. |
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310 | 310 | | (b) An assessment, a reassessment, or an assessment |
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311 | 311 | | resulting from an addition to or correction of the assessment roll |
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312 | 312 | | by the district, penalties and interest on an assessment or |
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313 | 313 | | reassessment, an expense of collection, and reasonable attorney's |
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314 | 314 | | fees incurred by the district: |
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315 | 315 | | (1) are a first and prior lien against the property |
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316 | 316 | | assessed; |
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317 | 317 | | (2) are superior to any other lien or claim other than |
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318 | 318 | | a lien or claim for county, school district, or municipal ad valorem |
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319 | 319 | | taxes; and |
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320 | 320 | | (3) are the personal liability of and a charge against |
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321 | 321 | | the owners of the property even if the owners are not named in the |
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322 | 322 | | assessment proceedings. |
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323 | 323 | | (c) The lien is effective from the date of the board's |
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324 | 324 | | resolution imposing the assessment until the date the assessment is |
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325 | 325 | | paid. The board may enforce the lien in the same manner that the |
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326 | 326 | | board may enforce an ad valorem tax lien against real property. |
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327 | 327 | | (d) The board may make a correction to or deletion from the |
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328 | 328 | | assessment roll that does not increase the amount of assessment of |
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329 | 329 | | any parcel of land without providing notice and holding a hearing in |
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330 | 330 | | the manner required for additional assessments. |
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331 | 331 | | SUBCHAPTER E. TAXES AND BONDS |
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332 | 332 | | Sec. 4001.0501. TAX ELECTION REQUIRED. (a) The district |
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333 | 333 | | must hold an election in the manner provided by Chapter 49, Water |
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334 | 334 | | Code, or, if applicable, Chapter 375, Local Government Code, to |
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335 | 335 | | obtain voter approval before the district may impose an ad valorem |
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336 | 336 | | tax. |
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337 | 337 | | (b) Section 375.243, Local Government Code, does not apply |
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338 | 338 | | to the district. |
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339 | 339 | | Sec. 4001.0502. OPERATION AND MAINTENANCE TAX. (a) If |
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340 | 340 | | authorized by a majority of the district voters voting at an |
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341 | 341 | | election under Section 4001.0501, the district may impose an |
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342 | 342 | | operation and maintenance tax on taxable property in the district |
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343 | 343 | | in the manner provided by Section 49.107, Water Code, for any |
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344 | 344 | | district purpose, including to: |
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345 | 345 | | (1) maintain and operate the district; |
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346 | 346 | | (2) construct or acquire improvements; or |
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347 | 347 | | (3) provide a service. |
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348 | 348 | | (b) The board shall determine the operation and maintenance |
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349 | 349 | | tax rate. The rate may not exceed the rate approved at the |
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350 | 350 | | election. |
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351 | 351 | | Sec. 4001.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE |
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352 | 352 | | BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on |
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353 | 353 | | terms determined by the board. |
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354 | 354 | | (b) The district may issue bonds, notes, or other |
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355 | 355 | | obligations payable wholly or partly from ad valorem taxes, |
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356 | 356 | | assessments, impact fees, revenue, contract payments, grants, or |
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357 | 357 | | other district money, or any combination of those sources of money, |
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358 | 358 | | to pay for any authorized district purpose. |
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359 | 359 | | Sec. 4001.0504. BONDS SECURED BY REVENUE OR CONTRACT |
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360 | 360 | | PAYMENTS. The district may issue, without an election, bonds |
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361 | 361 | | secured by: |
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362 | 362 | | (1) revenue other than ad valorem taxes, including |
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363 | 363 | | contract revenues; or |
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364 | 364 | | (2) contract payments, provided that the requirements |
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365 | 365 | | of Section 49.108, Water Code, have been met. |
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366 | 366 | | Sec. 4001.0505. BONDS SECURED BY AD VALOREM TAXES; |
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367 | 367 | | ELECTIONS. (a) If authorized at an election under Section |
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368 | 368 | | 4001.0501, the district may issue bonds payable from ad valorem |
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369 | 369 | | taxes. |
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370 | 370 | | (b) At the time the district issues bonds payable wholly or |
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371 | 371 | | partly from ad valorem taxes, the board shall provide for the annual |
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372 | 372 | | imposition of a continuing direct annual ad valorem tax, without |
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373 | 373 | | limit as to rate or amount, for each year that all or part of the |
---|
374 | 374 | | bonds are outstanding as required and in the manner provided by |
---|
375 | 375 | | Sections 54.601 and 54.602, Water Code. |
---|
376 | 376 | | (c) All or any part of any facilities or improvements that |
---|
377 | 377 | | may be acquired by a district by the issuance of its bonds may be |
---|
378 | 378 | | submitted as a single proposition or as several propositions to be |
---|
379 | 379 | | voted on at the election. |
---|
380 | 380 | | Sec. 4001.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
---|
381 | 381 | | board may not issue bonds until each municipality in whose |
---|
382 | 382 | | corporate limits or extraterritorial jurisdiction the district is |
---|
383 | 383 | | located has consented by ordinance or resolution to the creation of |
---|
384 | 384 | | the district and to the inclusion of land in the district as |
---|
385 | 385 | | required by applicable law. |
---|
386 | 386 | | (b) This section applies only to the district's first |
---|
387 | 387 | | issuance of bonds payable from ad valorem taxes. |
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388 | 388 | | SUBCHAPTER I. DISSOLUTION |
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389 | 389 | | Sec. 4001.0901. DISSOLUTION. (a) The board shall dissolve |
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390 | 390 | | the district on written petition filed with the board by the owners |
---|
391 | 391 | | of: |
---|
392 | 392 | | (1) at least two-thirds of the assessed value of the |
---|
393 | 393 | | property subject to assessment by the district based on the most |
---|
394 | 394 | | recent certified county property tax rolls; or |
---|
395 | 395 | | (2) at least two-thirds of the surface area of the |
---|
396 | 396 | | district, excluding roads, streets, highways, utility |
---|
397 | 397 | | rights-of-way, other public areas, and other property exempt from |
---|
398 | 398 | | assessment by the district according to the most recent certified |
---|
399 | 399 | | county property tax rolls. |
---|
400 | 400 | | (b) The board by majority vote may dissolve the district at |
---|
401 | 401 | | any time. |
---|
402 | 402 | | (c) The district may not be dissolved by its board under |
---|
403 | 403 | | Subsection (a) or (b) if the district: |
---|
404 | 404 | | (1) has any outstanding bonded indebtedness until that |
---|
405 | 405 | | bonded indebtedness has been repaid or defeased in accordance with |
---|
406 | 406 | | the order or resolution authorizing the issuance of the bonds; |
---|
407 | 407 | | (2) has a contractual obligation to pay money until |
---|
408 | 408 | | that obligation has been fully paid in accordance with the |
---|
409 | 409 | | contract; or |
---|
410 | 410 | | (3) owns, operates, or maintains public works, |
---|
411 | 411 | | facilities, or improvements unless the district contracts with |
---|
412 | 412 | | another person for the ownership, operation, or maintenance of the |
---|
413 | 413 | | public works, facilities, or improvements. |
---|
414 | 414 | | (d) Sections 375.261, 375.262, and 375.264, Local |
---|
415 | 415 | | Government Code, do not apply to the district. |
---|
416 | 416 | | (b) The Denton County Municipal Management District No. 2 |
---|
417 | 417 | | initially includes all territory contained in the following area: |
---|
418 | 418 | | TRACT I: |
---|
419 | 419 | | ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING |
---|
420 | 420 | | SITUATED IN THE B. WAY SURVEY, ABSTRACT NUMBER 1350, W. JOHNSON |
---|
421 | 421 | | SURVEY, ABSTRACT NUMBER 680, J. STEWART, ABSTRACT NUMBER 1199, |
---|
422 | 422 | | DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT DESCRIBED IN A DEED |
---|
423 | 423 | | TO CLEAR CREEK RIDGE, LLC, RECORDED IN VOLUME 5127, PAGE 1955, AND |
---|
424 | 424 | | VOLUME 5127, PAGE 1951, REAL PROPERTY RECORDS OF DENTON COUNTY, |
---|
425 | 425 | | TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: |
---|
426 | 426 | | BEGINNING AT A 1/2 INCH IRON PIN FOUND AT THE SOUTHERN MOST |
---|
427 | 427 | | SOUTHEAST CORNER OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, |
---|
428 | 428 | | PAGE 1955 AND BEING ON THE WEST LINE OF A DEED TO F. JEFFERY CHARNEY, |
---|
429 | 429 | | RECORDED IN VOLUME 3035, PAGE 534, REAL PROPERTY RECORDS, DENTON |
---|
430 | 430 | | COUNTY, TEXAS, AND BEING ON THE NORTHERN MOST NORTHEAST CORNER OF A |
---|
431 | 431 | | TRACT DESCRIBED IN A DEED TO ROYAL WHITE JONES, RECORDED IN VOLUME |
---|
432 | 432 | | 1231, PAGE 701, DEED RECORDS, DENTON COUNTY, TEXAS; |
---|
433 | 433 | | THENCE NORTH 71 DEGREES 47 MINUTES 53 SECONDS WEST WITH THE |
---|
434 | 434 | | SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE |
---|
435 | 435 | | 1955, A DISTANCE OF 5542.39 FEET TO A 1/2 INCH IRON PIN SET AT THE |
---|
436 | 436 | | SOUTHERN MOST SOUTHWEST CORNER OF SAID CLEAR CREEK RIDGE TRACT IN |
---|
437 | 437 | | VOLUME 5127, PAGE 1955, AN INNER ELL CORNER OF A TRACT DESCRIBED IN |
---|
438 | 438 | | A DEED TO CASEY MARK HARRINGTON, RECORDED IN VOLUME 2031, PAGE 348, |
---|
439 | 439 | | REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; |
---|
440 | 440 | | THENCE NORTH WITH A WEST LINE OF SAID CLEAR CREEK RIDGE TRACT |
---|
441 | 441 | | IN VOLUME 5127, PAGE 1955, A DISTANCE OF 240.00 FEET TO A 1/2 INCH |
---|
442 | 442 | | IRON PIN SET AT A SOUTHWEST CORNER OF SAID CLEAR CREEK RIDGE TRACT |
---|
443 | 443 | | IN VOLUME 5127, PAGE 1955; |
---|
444 | 444 | | THENCE SOUTH 89 DEGREES 24 MINUTES 00 SECONDS EAST, A |
---|
445 | 445 | | DISTANCE OF 154.60 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER AT AN |
---|
446 | 446 | | INNER ELL CORNER OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, |
---|
447 | 447 | | PAGE 1955 AND THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO |
---|
448 | 448 | | MARY TOM CRAVENS CURNUTT, RECORDED IN VOLUME 2505, PAGE 298, REAL |
---|
449 | 449 | | PROPERTY RECORDS, DENTON COUNTY, TEXAS; |
---|
450 | 450 | | THENCE NORTH 15 DEGREES 54 MINUTES 04 SECONDS EAST WITH THE |
---|
451 | 451 | | WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955, |
---|
452 | 452 | | A DISTANCE OF 2222.30 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER; |
---|
453 | 453 | | THENCE SOUTH 82 DEGREES 47 MINUTES 03 SECONDS EAST WITH A |
---|
454 | 454 | | SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE |
---|
455 | 455 | | 1955, A DISTANCE OF 667.90 FEET TO A 1/2 INCH IRON PIN FOUND FOR |
---|
456 | 456 | | CORNER; |
---|
457 | 457 | | THENCE NORTH 56 DEGREES 22 MINUTES 21 SECONDS EAST WITH A |
---|
458 | 458 | | SOUTHWEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE |
---|
459 | 459 | | 1955, A DISTANCE OF 642.42 FEET TO A 1/2 INCH IRON PIN FOUND FOR |
---|
460 | 460 | | CORNER; |
---|
461 | 461 | | THENCE NORTH 50 DEGREES 04 MINUTES 04 SECONDS EAST WITH A |
---|
462 | 462 | | SOUTHWEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE |
---|
463 | 463 | | 1955, A DISTANCE OF 311.43 FEET TO A 1/2 INCH IRON PIN FOUND FOR |
---|
464 | 464 | | CORNER; |
---|
465 | 465 | | THENCE NORTH 36 DEGREES 03 MINUTES 57 SECONDS EAST WITH THE |
---|
466 | 466 | | WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955, |
---|
467 | 467 | | A DISTANCE OF 1119.19 FEET TO A 1/2 INCH IRON PIN FOUND FOR CORNER; |
---|
468 | 468 | | THENCE NORTH 26 DEGREES 07 MINUTES 18 SECONDS WEST WITH THE |
---|
469 | 469 | | WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955, |
---|
470 | 470 | | A DISTANCE OF 1390.50 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER; |
---|
471 | 471 | | THENCE NORTH 00 DEGREES 14 MINUTES 50 SECONDS EAST WITH THE |
---|
472 | 472 | | WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955, |
---|
473 | 473 | | A DISTANCE OF 913.00 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER ON |
---|
474 | 474 | | THE NORTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE |
---|
475 | 475 | | 1955, AND THE SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME |
---|
476 | 476 | | 5127, PAGE 1951; |
---|
477 | 477 | | THENCE NORTH 89 DEGREES 52 MINUTES 14 SECONDS WEST WITH A |
---|
478 | 478 | | NORTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955 |
---|
479 | 479 | | AND THE SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, |
---|
480 | 480 | | PAGE 1951, A DISTANCE OF 771.47 FEET TO A 1/2 INCH IRON PIN SET FOR |
---|
481 | 481 | | CORNER BEING ON A WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN |
---|
482 | 482 | | VOLUME 5127, PAGE 1951 AND AN EAST LINE OF A TRACT DESCRIBED IN A |
---|
483 | 483 | | DEED TO RAY HENGER, RECORDED IN VOLUME 4612, PAGE 567, REAL PROPERTY |
---|
484 | 484 | | RECORDS, DENTON COUNTY, TEXAS; |
---|
485 | 485 | | THENCE NORTH 00 DEGREES 46 MINUTES 29 SECONDS WEST WITH A WEST |
---|
486 | 486 | | LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1951 AND |
---|
487 | 487 | | AN EAST LINE OF SAID HENGER TRACT, A DISTANCE OF 1151.02 FEET TO A |
---|
488 | 488 | | 1/2 INCH IRON PIN SET FOR CORNER; |
---|
489 | 489 | | THENCE WITH CLEAR CREEK THE FOLLOWING FIFTY-FOUR (54) CALLS: |
---|
490 | 490 | | 1.) NORTH 55 DEGREES 38 MINUTES 38 SECONDS EAST, A DISTANCE |
---|
491 | 491 | | OF 110.80 FEET; |
---|
492 | 492 | | 2.) NORTH 51 DEGREES 23 MINUTES 04 SECONDS EAST, A DISTANCE |
---|
493 | 493 | | OF 278.21 FEET; |
---|
494 | 494 | | 3.) SOUTH 70 DEGREES 46 MINUTES 01 SECONDS EAST, A DISTANCE |
---|
495 | 495 | | OF 415.87 FEET; |
---|
496 | 496 | | 4.) SOUTH 40 DEGREES 58 MINUTES 38 SECONDS EAST, A DISTANCE |
---|
497 | 497 | | OF 604.83 FEET; |
---|
498 | 498 | | 5.) SOUTH 51 DEGREES 09 MINUTES 01 SECONDS EAST, A DISTANCE |
---|
499 | 499 | | OF 410.80 FEET; |
---|
500 | 500 | | 6.) SOUTH 37 DEGREES 53 MINUTES 33 SECONDS EAST, A DISTANCE |
---|
501 | 501 | | OF 82.37 FEET; |
---|
502 | 502 | | 7.) SOUTH 18 DEGREES 46 MINUTES 16 SECONDS EAST, A DISTANCE |
---|
503 | 503 | | OF 75.16 FEET; |
---|
504 | 504 | | 8.) SOUTH 05 DEGREES 46 MINUTES 16 SECONDS WEST, A DISTANCE |
---|
505 | 505 | | OF 49.39 FEET; |
---|
506 | 506 | | 9.) SOUTH 22 DEGREES 04 MINUTES 06 SECONDS WEST, A DISTANCE |
---|
507 | 507 | | OF 308.38 FEET; |
---|
508 | 508 | | 10.) SOUTH 26 DEGREES 11 MINUTES 20 SECONDS WEST, A DISTANCE |
---|
509 | 509 | | OF 76.63 FEET; |
---|
510 | 510 | | 11.) SOUTH 26 DEGREES 11 MINUTES 20 SECONDS WEST, A DISTANCE |
---|
511 | 511 | | OF 547.10 FEET; |
---|
512 | 512 | | 12.) SOUTH 46 DEGREES 12 MINUTES 54 SECONDS EAST, A DISTANCE |
---|
513 | 513 | | OF 174.23 FEET; |
---|
514 | 514 | | 13.) NORTH 86 DEGREES 27 MINUTES 32 SECONDS EAST, A DISTANCE |
---|
515 | 515 | | OF 417.50 FEET; |
---|
516 | 516 | | 14.) NORTH 53 DEGREES 53 MINUTES 06 SECONDS EAST, A DISTANCE |
---|
517 | 517 | | OF 225.22 FEET; |
---|
518 | 518 | | 15.) SOUTH 70 DEGREES 20 MINUTES 06 SECONDS EAST, A DISTANCE |
---|
519 | 519 | | OF 93.57 FEET; |
---|
520 | 520 | | 16.) SOUTH 54 DEGREES 37 MINUTES 57 SECONDS EAST, A DISTANCE |
---|
521 | 521 | | OF 330.11 FEET; |
---|
522 | 522 | | 17.) NORTH 64 DEGREES 44 MINUTES 37 SECONDS EAST, A DISTANCE |
---|
523 | 523 | | OF 674.49 FEET; |
---|
524 | 524 | | 18.) NORTH 84 DEGREES 14 MINUTES 43 SECONDS EAST, A DISTANCE |
---|
525 | 525 | | OF 100.20 FEET; |
---|
526 | 526 | | 19.) SOUTH 56 DEGREES 23 MINUTES 54 SECONDS EAST, A DISTANCE |
---|
527 | 527 | | OF 116.40 FEET; |
---|
528 | 528 | | 20.) SOUTH 06 DEGREES 22 MINUTES 27 SECONDS WEST, A DISTANCE |
---|
529 | 529 | | OF 228.98 FEET; |
---|
530 | 530 | | 21.) SOUTH 52 DEGREES 30 MINUTES 28 SECONDS WEST, A DISTANCE |
---|
531 | 531 | | OF 271.35 FEET; |
---|
532 | 532 | | 22.) SOUTH 87 DEGREES 06 MINUTES 16 SECONDS WEST, A DISTANCE |
---|
533 | 533 | | OF 326.84 FEET; |
---|
534 | 534 | | 23.) SOUTH 63 DEGREES 22 MINUTES 32 SECONDS WEST, A DISTANCE |
---|
535 | 535 | | OF 93.18 FEET; |
---|
536 | 536 | | 24.) SOUTH 19 DEGREES 39 MINUTES 44 SECONDS WEST, A DISTANCE |
---|
537 | 537 | | OF 274.65 FEET; |
---|
538 | 538 | | 25.) SOUTH 06 DEGREES 09 MINUTES 26 SECONDS EAST, A DISTANCE |
---|
539 | 539 | | OF 129.80 FEET; |
---|
540 | 540 | | 26.) SOUTH 59 DEGREES 41 MINUTES 10 SECONDS EAST, A DISTANCE |
---|
541 | 541 | | OF 155.04 FEET; |
---|
542 | 542 | | 27.) NORTH 61 DEGREES 09 MINUTES 15 SECONDS EAST, A DISTANCE |
---|
543 | 543 | | OF 459.27 FEET; |
---|
544 | 544 | | 28.) SOUTH 85 DEGREES 11 MINUTES 12 SECONDS EAST, A DISTANCE |
---|
545 | 545 | | OF 101.67 FEET; |
---|
546 | 546 | | 29.) SOUTH 50 DEGREES 11 MINUTES 20 SECONDS EAST, A DISTANCE |
---|
547 | 547 | | OF 160.52 FEET; |
---|
548 | 548 | | 30.) SOUTH 19 DEGREES 38 MINUTES 33 SECONDS EAST, A DISTANCE |
---|
549 | 549 | | OF 218.07 FEET; |
---|
550 | 550 | | 31.) SOUTH 08 DEGREES 39 MINUTES 06 SECONDS WEST, A DISTANCE |
---|
551 | 551 | | OF 110.67 FEET; |
---|
552 | 552 | | 32.) SOUTH 60 DEGREES 37 MINUTES 40 SECONDS WEST, A DISTANCE |
---|
553 | 553 | | OF 111.17 FEET; |
---|
554 | 554 | | 33.) NORTH 71 DEGREES 44 MINUTES 44 SECONDS WEST, A DISTANCE |
---|
555 | 555 | | OF 205.32 FEET; |
---|
556 | 556 | | 34.) NORTH 58 DEGREES 00 MINUTES 21 SECONDS WEST, A DISTANCE |
---|
557 | 557 | | OF 175.42 FEET; |
---|
558 | 558 | | 35.) SOUTH 60 DEGREES 53 MINUTES 09 SECONDS WEST, A DISTANCE |
---|
559 | 559 | | OF 81.38 FEET; |
---|
560 | 560 | | 36.) SOUTH 19 DEGREES 12 MINUTES 39 SECONDS EAST, A DISTANCE |
---|
561 | 561 | | OF 180.46 FEET; |
---|
562 | 562 | | 37.) SOUTH 31 DEGREES 27 MINUTES 36 SECONDS EAST, A DISTANCE |
---|
563 | 563 | | OF 348.51 FEET; |
---|
564 | 564 | | 38.) SOUTH 08 DEGREES 24 MINUTES 19 SECONDS WEST, A DISTANCE |
---|
565 | 565 | | OF 80.11 FEET; |
---|
566 | 566 | | 39.) SOUTH 44 DEGREES 00 MINUTES 08 SECONDS WEST, A DISTANCE |
---|
567 | 567 | | OF 157.91 FEET; |
---|
568 | 568 | | 40.) SOUTH 69 DEGREES 06 MINUTES 14 SECONDS WEST, A DISTANCE |
---|
569 | 569 | | OF 188.37 FEET; |
---|
570 | 570 | | 41.) SOUTH 03 DEGREES 39 MINUTES 31 SECONDS WEST, A DISTANCE |
---|
571 | 571 | | OF 190.40 FEET; |
---|
572 | 572 | | 42.) SOUTH 62 DEGREES 37 MINUTES 49 SECONDS EAST, A DISTANCE |
---|
573 | 573 | | OF 165.30 FEET; |
---|
574 | 574 | | 43.) NORTH 43 DEGREES 07 MINUTES 44 SECONDS EAST, A DISTANCE |
---|
575 | 575 | | OF 253.82 FEET; |
---|
576 | 576 | | 44.) NORTH 58 DEGREES 54 MINUTES 00 SECONDS EAST, A DISTANCE |
---|
577 | 577 | | OF 135.83 FEET; |
---|
578 | 578 | | 45.) SOUTH 34 DEGREES 09 MINUTES 46 SECONDS EAST, A DISTANCE |
---|
579 | 579 | | OF 149.30 FEET; |
---|
580 | 580 | | 46.) SOUTH 21 DEGREES 47 MINUTES 10 SECONDS WEST, A DISTANCE |
---|
581 | 581 | | OF 518.33 FEET; |
---|
582 | 582 | | 47.) SOUTH 20 DEGREES 01 MINUTES 56 SECONDS EAST, A DISTANCE |
---|
583 | 583 | | OF 329.19 FEET; |
---|
584 | 584 | | 48.) SOUTH 66 DEGREES 36 MINUTES 28 SECONDS EAST, A DISTANCE |
---|
585 | 585 | | OF 195.08 FEET; |
---|
586 | 586 | | 49.) SOUTH 87 DEGREES 31 MINUTES 31 SECONDS EAST, A DISTANCE |
---|
587 | 587 | | OF 403.76 FEET; |
---|
588 | 588 | | 50.) SOUTH 68 DEGREES 26 MINUTES 25 SECONDS EAST, A DISTANCE |
---|
589 | 589 | | OF 144.04 FEET; |
---|
590 | 590 | | 51.) SOUTH 03 DEGREES 41 MINUTES 33 SECONDS WEST, A DISTANCE |
---|
591 | 591 | | OF 91.78 FEET; |
---|
592 | 592 | | 52.) SOUTH 23 DEGREES 36 MINUTES 59 SECONDS WEST, A DISTANCE |
---|
593 | 593 | | OF 322.95 FEET; |
---|
594 | 594 | | 53.) SOUTH 39 DEGREES 05 MINUTES 30 SECONDS EAST, A DISTANCE |
---|
595 | 595 | | OF 167.15 FEET; |
---|
596 | 596 | | 54.) SOUTH 54 DEGREES 29 MINUTES 12 SECONDS EAST, A DISTANCE |
---|
597 | 597 | | OF 152.28 FEET TO A 1/2 INCH IRON PIN FOUND ON AN EAST LINE OF SAID |
---|
598 | 598 | | CLEAR CREEK RIDGE TRACT; |
---|
599 | 599 | | THENCE SOUTH 00 DEGREES 52 MINUTES 17 SECONDS EAST WITH AN |
---|
600 | 600 | | EAST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE 1955, |
---|
601 | 601 | | A DISTANCE OF 3736.55 FEET TO THE POINT OF BEGINNING AND CONTAINING |
---|
602 | 602 | | IN ALL 535.703 ACRES OF LAND. |
---|
603 | 603 | | (c) Section 4001.0311, Special District Local Laws Code, as |
---|
604 | 604 | | added by Subsection (a) of this section, takes effect only if this |
---|
605 | 605 | | Act receives a two-thirds vote of all the members elected to each |
---|
606 | 606 | | house. |
---|
607 | 607 | | (d) If the Act enacting this section does not receive a |
---|
608 | 608 | | two-thirds vote of all the members elected to each house, |
---|
609 | 609 | | Subchapter C, Chapter 4001, Special District Local Laws Code, as |
---|
610 | 610 | | added by Subsection (a) of this section, is amended by adding |
---|
611 | 611 | | Section 4001.0311 to read as follows: |
---|
612 | 612 | | Sec. 4001.0311. NO EMINENT DOMAIN POWER. The district may |
---|
613 | 613 | | not exercise the power of eminent domain. |
---|
614 | 614 | | SECTION 3. (a) Subtitle F, Title 6, Special District Local |
---|
615 | 615 | | Laws Code, is amended by adding Chapter 7960 to read as follows: |
---|
616 | 616 | | CHAPTER 7960. DEER CREEK RANCH MUNICIPAL UTILITY DISTRICT NO. 1 |
---|
617 | 617 | | SUBCHAPTER A. GENERAL PROVISIONS |
---|
618 | 618 | | Sec. 7960.0101. DEFINITIONS. In this chapter: |
---|
619 | 619 | | (1) "Board" means the district's board of directors. |
---|
620 | 620 | | (2) "Commission" means the Texas Commission on |
---|
621 | 621 | | Environmental Quality. |
---|
622 | 622 | | (3) "Director" means a board member. |
---|
623 | 623 | | (4) "District" means the Deer Creek Ranch Municipal |
---|
624 | 624 | | Utility District No. 1. |
---|
625 | 625 | | Sec. 7960.0102. NATURE OF DISTRICT. The district is a |
---|
626 | 626 | | municipal utility district created under Section 59, Article XVI, |
---|
627 | 627 | | Texas Constitution. |
---|
628 | 628 | | Sec. 7960.0103. CONFIRMATION AND DIRECTOR ELECTION |
---|
629 | 629 | | REQUIRED. The temporary directors shall hold an election to |
---|
630 | 630 | | confirm the creation of the district and to elect five permanent |
---|
631 | 631 | | directors as provided by Section 49.102, Water Code. |
---|
632 | 632 | | Sec. 7960.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
---|
633 | 633 | | temporary directors may not hold an election under Section |
---|
634 | 634 | | 7960.0103 until each municipality in whose corporate limits or |
---|
635 | 635 | | extraterritorial jurisdiction the district is located has |
---|
636 | 636 | | consented by ordinance or resolution to the creation of the |
---|
637 | 637 | | district and to the inclusion of land in the district as required by |
---|
638 | 638 | | applicable law. |
---|
639 | 639 | | Sec. 7960.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
---|
640 | 640 | | (a) The district is created to serve a public purpose and benefit. |
---|
641 | 641 | | (b) The district is created to accomplish the purposes of: |
---|
642 | 642 | | (1) a municipal utility district as provided by |
---|
643 | 643 | | general law and Section 59, Article XVI, Texas Constitution; and |
---|
644 | 644 | | (2) Section 52, Article III, Texas Constitution, that |
---|
645 | 645 | | relate to the construction, acquisition, improvement, operation, |
---|
646 | 646 | | or maintenance of macadamized, graveled, or paved roads, or |
---|
647 | 647 | | improvements, including storm drainage, in aid of those roads. |
---|
648 | 648 | | Sec. 7960.0106. INITIAL DISTRICT TERRITORY. (a) The |
---|
649 | 649 | | district is initially composed of the territory described by |
---|
650 | 650 | | Section 3(b) of the Act enacting this chapter. |
---|
651 | 651 | | (b) The boundaries and field notes contained in Section 3(b) |
---|
652 | 652 | | of the Act enacting this chapter form a closure. A mistake made in |
---|
653 | 653 | | the field notes or in copying the field notes in the legislative |
---|
654 | 654 | | process does not affect the district's: |
---|
655 | 655 | | (1) organization, existence, or validity; |
---|
656 | 656 | | (2) right to issue any type of bond for the purposes |
---|
657 | 657 | | for which the district is created or to pay the principal of and |
---|
658 | 658 | | interest on a bond; |
---|
659 | 659 | | (3) right to impose a tax; or |
---|
660 | 660 | | (4) legality or operation. |
---|
661 | 661 | | SUBCHAPTER B. BOARD OF DIRECTORS |
---|
662 | 662 | | Sec. 7960.0201. GOVERNING BODY; TERMS. (a) The district is |
---|
663 | 663 | | governed by a board of five elected directors. |
---|
664 | 664 | | (b) Except as provided by Section 7960.0202, directors |
---|
665 | 665 | | serve staggered four-year terms. |
---|
666 | 666 | | Sec. 7960.0202. TEMPORARY DIRECTORS. (a) On or after the |
---|
667 | 667 | | effective date of the Act enacting this chapter, the owner or owners |
---|
668 | 668 | | of a majority of the assessed value of the real property in the |
---|
669 | 669 | | district may submit a petition to the commission requesting that |
---|
670 | 670 | | the commission appoint as temporary directors the five persons |
---|
671 | 671 | | named in the petition. The commission shall appoint as temporary |
---|
672 | 672 | | directors the five persons named in the petition. |
---|
673 | 673 | | (b) Temporary directors serve until the earlier of: |
---|
674 | 674 | | (1) the date permanent directors are elected under |
---|
675 | 675 | | Section 7960.0103; or |
---|
676 | 676 | | (2) the fourth anniversary of the effective date of |
---|
677 | 677 | | the Act enacting this chapter. |
---|
678 | 678 | | (c) If permanent directors have not been elected under |
---|
679 | 679 | | Section 7960.0103 and the terms of the temporary directors have |
---|
680 | 680 | | expired, successor temporary directors shall be appointed or |
---|
681 | 681 | | reappointed as provided by Subsection (d) to serve terms that |
---|
682 | 682 | | expire on the earlier of: |
---|
683 | 683 | | (1) the date permanent directors are elected under |
---|
684 | 684 | | Section 7960.0103; or |
---|
685 | 685 | | (2) the fourth anniversary of the date of the |
---|
686 | 686 | | appointment or reappointment. |
---|
687 | 687 | | (d) If Subsection (c) applies, the owner or owners of a |
---|
688 | 688 | | majority of the assessed value of the real property in the district |
---|
689 | 689 | | may submit a petition to the commission requesting that the |
---|
690 | 690 | | commission appoint as successor temporary directors the five |
---|
691 | 691 | | persons named in the petition. The commission shall appoint as |
---|
692 | 692 | | successor temporary directors the five persons named in the |
---|
693 | 693 | | petition. |
---|
694 | 694 | | SUBCHAPTER C. POWERS AND DUTIES |
---|
695 | 695 | | Sec. 7960.0301. GENERAL POWERS AND DUTIES. The district |
---|
696 | 696 | | has the powers and duties necessary to accomplish the purposes for |
---|
697 | 697 | | which the district is created. |
---|
698 | 698 | | Sec. 7960.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
---|
699 | 699 | | DUTIES. The district has the powers and duties provided by the |
---|
700 | 700 | | general law of this state, including Chapters 49 and 54, Water Code, |
---|
701 | 701 | | applicable to municipal utility districts created under Section 59, |
---|
702 | 702 | | Article XVI, Texas Constitution. |
---|
703 | 703 | | Sec. 7960.0303. AUTHORITY FOR ROAD PROJECTS. Under Section |
---|
704 | 704 | | 52, Article III, Texas Constitution, the district may design, |
---|
705 | 705 | | acquire, construct, finance, issue bonds for, improve, operate, |
---|
706 | 706 | | maintain, and convey to this state, a county, or a municipality for |
---|
707 | 707 | | operation and maintenance macadamized, graveled, or paved roads, or |
---|
708 | 708 | | improvements, including storm drainage, in aid of those roads. |
---|
709 | 709 | | Sec. 7960.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
---|
710 | 710 | | road project must meet all applicable construction standards, |
---|
711 | 711 | | zoning and subdivision requirements, and regulations of each |
---|
712 | 712 | | municipality in whose corporate limits or extraterritorial |
---|
713 | 713 | | jurisdiction the road project is located. |
---|
714 | 714 | | (b) If a road project is not located in the corporate limits |
---|
715 | 715 | | or extraterritorial jurisdiction of a municipality, the road |
---|
716 | 716 | | project must meet all applicable construction standards, |
---|
717 | 717 | | subdivision requirements, and regulations of each county in which |
---|
718 | 718 | | the road project is located. |
---|
719 | 719 | | (c) If the state will maintain and operate the road, the |
---|
720 | 720 | | Texas Transportation Commission must approve the plans and |
---|
721 | 721 | | specifications of the road project. |
---|
722 | 722 | | Sec. 7960.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
---|
723 | 723 | | ORDINANCE OR RESOLUTION. The district shall comply with all |
---|
724 | 724 | | applicable requirements of any ordinance or resolution that is |
---|
725 | 725 | | adopted under Section 54.016 or 54.0165, Water Code, and that |
---|
726 | 726 | | consents to the creation of the district or to the inclusion of land |
---|
727 | 727 | | in the district. |
---|
728 | 728 | | Sec. 7960.0306. DIVISION OF DISTRICT. (a) The board, on |
---|
729 | 729 | | its own motion or on receipt of a petition signed by the owner or |
---|
730 | 730 | | owners of a majority of the assessed value of the real property in |
---|
731 | 731 | | the district, may adopt an order dividing the district. |
---|
732 | 732 | | (b) An order dividing a district may create one or more new |
---|
733 | 733 | | districts and may provide for the continuation of the district. |
---|
734 | 734 | | (c) An order dividing the district shall: |
---|
735 | 735 | | (1) name any new district; |
---|
736 | 736 | | (2) include the metes and bounds description of the |
---|
737 | 737 | | territory of each of the districts; |
---|
738 | 738 | | (3) appoint temporary directors for any new district; |
---|
739 | 739 | | and |
---|
740 | 740 | | (4) provide for the division of assets and liabilities |
---|
741 | 741 | | between the districts. |
---|
742 | 742 | | (d) The board may adopt an order dividing the district |
---|
743 | 743 | | before or after the date the board holds an election to confirm the |
---|
744 | 744 | | district's creation. |
---|
745 | 745 | | (e) The district may be divided only if the district: |
---|
746 | 746 | | (1) has never issued any bonds; and |
---|
747 | 747 | | (2) is not imposing ad valorem taxes. |
---|
748 | 748 | | (f) A new district created by the division of the district |
---|
749 | 749 | | may not, at the time the new district is created, contain any land |
---|
750 | 750 | | outside the area described by Section 3(b) of the Act enacting this |
---|
751 | 751 | | chapter. |
---|
752 | 752 | | (g) On or before the 30th day after the date of adoption of |
---|
753 | 753 | | an order dividing the district, the district shall file the order |
---|
754 | 754 | | with the commission and record the order in the real property |
---|
755 | 755 | | records of each county in which the district is located. |
---|
756 | 756 | | (h) This chapter applies to any new district created by the |
---|
757 | 757 | | division of the district, and a new district has all the powers and |
---|
758 | 758 | | duties of the district. |
---|
759 | 759 | | (i) A new district created by the division of the district |
---|
760 | 760 | | shall hold a confirmation and directors' election. |
---|
761 | 761 | | (j) If the creation of the new district is confirmed, the |
---|
762 | 762 | | new district shall provide the election date and results to the |
---|
763 | 763 | | commission. |
---|
764 | 764 | | (k) A new district created by the division of the district |
---|
765 | 765 | | must hold an election as required by this chapter to obtain voter |
---|
766 | 766 | | approval before the district may impose a maintenance tax or issue |
---|
767 | 767 | | bonds payable wholly or partly from ad valorem taxes. |
---|
768 | 768 | | (l) The district may continue to rely on confirmation, |
---|
769 | 769 | | directors', bond, or tax elections held prior to the division. |
---|
770 | 770 | | (m) Municipal consent to the creation of the district and to |
---|
771 | 771 | | the inclusion of land in the district acts as municipal consent to |
---|
772 | 772 | | the creation of any new district created by the division of the |
---|
773 | 773 | | district and to the inclusion of land in the new district. |
---|
774 | 774 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
---|
775 | 775 | | Sec. 7960.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
---|
776 | 776 | | The district may issue, without an election, bonds and other |
---|
777 | 777 | | obligations secured by: |
---|
778 | 778 | | (1) revenue other than ad valorem taxes; or |
---|
779 | 779 | | (2) contract payments described by Section 7960.0403. |
---|
780 | 780 | | (b) The district must hold an election in the manner |
---|
781 | 781 | | provided by Chapters 49 and 54, Water Code, to obtain voter approval |
---|
782 | 782 | | before the district may impose an ad valorem tax or issue bonds |
---|
783 | 783 | | payable from ad valorem taxes. |
---|
784 | 784 | | (c) The district may not issue bonds payable from ad valorem |
---|
785 | 785 | | taxes to finance a road project unless the issuance is approved by a |
---|
786 | 786 | | vote of a two-thirds majority of the district voters voting at an |
---|
787 | 787 | | election held for that purpose. |
---|
788 | 788 | | Sec. 7960.0402. OPERATION AND MAINTENANCE TAX. (a) If |
---|
789 | 789 | | authorized at an election held under Section 7960.0401, the |
---|
790 | 790 | | district may impose an operation and maintenance tax on taxable |
---|
791 | 791 | | property in the district in accordance with Section 49.107, Water |
---|
792 | 792 | | Code. |
---|
793 | 793 | | (b) The board shall determine the tax rate. The rate may not |
---|
794 | 794 | | exceed the rate approved at the election. |
---|
795 | 795 | | Sec. 7960.0403. CONTRACT TAXES. (a) In accordance with |
---|
796 | 796 | | Section 49.108, Water Code, the district may impose a tax other than |
---|
797 | 797 | | an operation and maintenance tax and use the revenue derived from |
---|
798 | 798 | | the tax to make payments under a contract after the provisions of |
---|
799 | 799 | | the contract have been approved by a majority of the district voters |
---|
800 | 800 | | voting at an election held for that purpose. |
---|
801 | 801 | | (b) A contract approved by the district voters may contain a |
---|
802 | 802 | | provision stating that the contract may be modified or amended by |
---|
803 | 803 | | the board without further voter approval. |
---|
804 | 804 | | SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
---|
805 | 805 | | Sec. 7960.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
---|
806 | 806 | | OBLIGATIONS. The district may issue bonds or other obligations |
---|
807 | 807 | | payable wholly or partly from ad valorem taxes, impact fees, |
---|
808 | 808 | | revenue, contract payments, grants, or other district money, or any |
---|
809 | 809 | | combination of those sources, to pay for any authorized district |
---|
810 | 810 | | purpose. |
---|
811 | 811 | | Sec. 7960.0502. TAXES FOR BONDS. At the time the district |
---|
812 | 812 | | issues bonds payable wholly or partly from ad valorem taxes, the |
---|
813 | 813 | | board shall provide for the annual imposition of a continuing |
---|
814 | 814 | | direct ad valorem tax, without limit as to rate or amount, while all |
---|
815 | 815 | | or part of the bonds are outstanding as required and in the manner |
---|
816 | 816 | | provided by Sections 54.601 and 54.602, Water Code. |
---|
817 | 817 | | Sec. 7960.0503. BONDS FOR ROAD PROJECTS. At the time of |
---|
818 | 818 | | issuance, the total principal amount of bonds or other obligations |
---|
819 | 819 | | issued or incurred to finance road projects and payable from ad |
---|
820 | 820 | | valorem taxes may not exceed one-fourth of the assessed value of the |
---|
821 | 821 | | real property in the district. |
---|
822 | 822 | | (b) The Deer Creek Ranch Municipal Utility District No. 1 |
---|
823 | 823 | | initially includes all the territory contained in the following |
---|
824 | 824 | | area: |
---|
825 | 825 | | A 685.400 ACRE TRACT OF LAND SITUATED IN THE THOMAS POLK |
---|
826 | 826 | | SURVEY, ABSTRACT NO. 703, THE HENRY ASKEW SURVEY, ABSTRACT NO. 35, |
---|
827 | 827 | | ABSTRACT NO. 703, THE HENRY ASKEW SURVEY, ABSTRACT NO. 396, THE |
---|
828 | 828 | | SAMUEL W. DAVIS SURVEY, ABSTRACT NO. 1087 AND THE SAMUEL W. DAVIS |
---|
829 | 829 | | SURVEY, ABSTRACT NO. 165, LOCATED IN BELL COUNTY, TEXAS AND |
---|
830 | 830 | | McCLENNAN COUNTY, TEXAS AND BEING A PORTION OF A CALLED 730.417 ACRE |
---|
831 | 831 | | TRACT OF LAND CONVEYED TO VWB TRUST BY INSTRUMENTS RECORDED IN |
---|
832 | 832 | | DOCUMENT NO. 20160034747 OF THE OFFICIAL PPUBLIC RECORDS OF BELL |
---|
833 | 833 | | COUNTY, TEXAS AND IN DOCUMENT NO. 2016029961 OF THE OFFICIAL PUBLIC |
---|
834 | 834 | | RECORDS OF McCLENNAN COUNTY, TEXAS. SAID 685.400 ACRE TRACT BEING |
---|
835 | 835 | | MORE FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE NORTH |
---|
836 | 836 | | AMERICAN DATUM OF 1983 (NA 2011) EPOCH 2010.00, FROM THE TEXAS |
---|
837 | 837 | | COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE: |
---|
838 | 838 | | BEGINNING at a 1/2" iron rod found on a point being the |
---|
839 | 839 | | northeast corner of said 730.417-acre tract of land, for the |
---|
840 | 840 | | northeast corner and POINT OF BEGINNING hereof; |
---|
841 | 841 | | THENCE with the east boundary line of said 730.417-acre |
---|
842 | 842 | | tract, the following three (3) courses and distances: |
---|
843 | 843 | | 1. S 29°39'16" E for a distance of 23.01 feet to an angle point |
---|
844 | 844 | | hereof, |
---|
845 | 845 | | 2. S 29°37'25" E for a distance of 486.87 feet to an angle point |
---|
846 | 846 | | hereof, and |
---|
847 | 847 | | 3. S 29°29'03" E for a distance of 493.85 feet to a point being the |
---|
848 | 848 | | northeast corner of a called 5.525-acre tract of land conveyed to |
---|
849 | 849 | | Larry Pietsch et ux, by instrument recorded in Document |
---|
850 | 850 | | No. 2010000488 of the Official Public Records of Falls County, |
---|
851 | 851 | | Texas, for an angle point hereof; |
---|
852 | 852 | | THENCE with the north boundary line of said 5.525-acre tract, |
---|
853 | 853 | | the following two (2) courses and distances: |
---|
854 | 854 | | 1. S 57°58'39" W for a distance of 542.26 feet to an angle point |
---|
855 | 855 | | hereof, and |
---|
856 | 856 | | 2. S 56°02'27" W for a distance of 58.49 feet to a point being the |
---|
857 | 857 | | northwest corner of said 5.525-acre tract, for an angle point |
---|
858 | 858 | | hereof; |
---|
859 | 859 | | THENCE with west boundary line of said 5.525-acre tract, |
---|
860 | 860 | | S 32°56'37" E for a distance of 396.46 feet to a point being the |
---|
861 | 861 | | northwest corner of a called 5.075-acre tract of land conveyed to |
---|
862 | 862 | | Larry Pietsch et ux, by instrument recorded in Document no. |
---|
863 | 863 | | 2010000485 of the Official Public Records of Falls County, Texas, |
---|
864 | 864 | | same being the southwest corner of said 5.525-acre tract, for an |
---|
865 | 865 | | angle point hereof; |
---|
866 | 866 | | THENCE with the west boundary line of said 5.075-acre tract, |
---|
867 | 867 | | S 14°23'05" E for a distance of 363.73 feet to a point being the |
---|
868 | 868 | | southwest corner of said 5.075-acre tract for an angle point |
---|
869 | 869 | | hereof; |
---|
870 | 870 | | THENCE with the south boundary line of said 5.075-acre tract |
---|
871 | 871 | | N 59°41'47" E for a distance of 143.92 feet to a point in the |
---|
872 | 872 | | approximate west boundary line of Falls County, Texas, same being |
---|
873 | 873 | | the approximate east boundary line of Bell County, Texas, for an |
---|
874 | 874 | | angle point hereof; |
---|
875 | 875 | | THENCE departing the south boundary line of said 5.075-acre |
---|
876 | 876 | | tract with the approximate west boundary line of Falls County, |
---|
877 | 877 | | Texas, same being the approximate east boundary line of Bell |
---|
878 | 878 | | County, Texas and through the interior of said 730.417 acre tract, |
---|
879 | 879 | | S 32°52'48" E for a distance of 2076.93 feet to a point in the north |
---|
880 | 880 | | right-of-way line of County Road 498 (right-of-way width varies), |
---|
881 | 881 | | same being the southern boundary line of said 730.417-acre tract |
---|
882 | 882 | | for the southeast corner hereof; |
---|
883 | 883 | | THENCE with the north right-of-way line of County Road 498, |
---|
884 | 884 | | same being the southern boundary line of said 730.417-acre tract, |
---|
885 | 885 | | the following six (6) courses and distances: |
---|
886 | 886 | | 1. S 59°45'11" W for a distance of 307.98 feet to a point |
---|
887 | 887 | | 2. S 56°40'31" W for a distance of 452.77 feet to an angle point |
---|
888 | 888 | | hereof, |
---|
889 | 889 | | 3. S 59°50'03" W for a distance of 818.71 feet to an angle point |
---|
890 | 890 | | hereof, |
---|
891 | 891 | | 4. S 59°28'26" W for a distance of 725.73 feet to an angle point |
---|
892 | 892 | | hereof, |
---|
893 | 893 | | 5. S 59°11'05" W for a distance of 653.72 feet to 1/2" iron rod |
---|
894 | 894 | | found on a point, for an angle point hereof, and |
---|
895 | 895 | | 6. S 15°31'38" W for a distance of 522.86 feet to a 1/2" iron rod |
---|
896 | 896 | | found on a point being the northeasterly corner of a called 125-acre |
---|
897 | 897 | | tract of land conveyed to Jackie Elizabeth Bounds, et al by |
---|
898 | 898 | | instrument recorded on Document No. 2020014897 of the Official |
---|
899 | 899 | | Public Records of Bell County, Texas, same being a southeasterly |
---|
900 | 900 | | corner of said 730.417-acre tract, for a southeasterly corner |
---|
901 | 901 | | hereof; |
---|
902 | 902 | | THENCE with the northerly boundary line of said 125-acre |
---|
903 | 903 | | tract, same being the southerly boundary line of said 730.417-acre |
---|
904 | 904 | | tract, the following four (4) courses and distances: |
---|
905 | 905 | | 1. N 68°17'07" W for a distance of 1982.29 feet to an angle point |
---|
906 | 906 | | hereof, |
---|
907 | 907 | | 2. S 20°13'41" W for a distance of 1194.63 feet to a 1/2" iron rod |
---|
908 | 908 | | found on an angle point hereof, |
---|
909 | 909 | | 3. N 70°00'40" W for a distance of 1040.46 feet to a 1/2" iron rod |
---|
910 | 910 | | found on an angle point hereof, and |
---|
911 | 911 | | 4. S 20°16'01" W for a distance of 913.53 feet to a point in the |
---|
912 | 912 | | north boundary line of called 50.00-acre tract of land conveyed to |
---|
913 | 913 | | Howard Thomas Daye and Glenda Marie Daye, by instrument recorded in |
---|
914 | 914 | | Document No. 20085002539 of the Official Public Records of Bell |
---|
915 | 915 | | County, Texas, same being the southwesterly corner of said 125-acre |
---|
916 | 916 | | tract, for an angle point hereof; |
---|
917 | 917 | | THENCE with, in part, the northerly boundary lines of: said |
---|
918 | 918 | | 50.002-acre tract, a called 9.68-acre tract conveyed to Arthur |
---|
919 | 919 | | Poston, by instrument recorded in Volume 5990, Page 314 of the |
---|
920 | 920 | | Probate Records of Bell County, Texas and a called 64-acre tract of |
---|
921 | 921 | | land conveyed to John D. Price and Vi Price, by instrument recorded |
---|
922 | 922 | | in Volume 3324, Page 204 of the Deed Records of Bell County, Texas, |
---|
923 | 923 | | respectively, same being the southerly boundary line of said |
---|
924 | 924 | | 730.417-acre tract, N 69°43'06" W for a distance of 1577.88 feet to |
---|
925 | 925 | | a 1/2" iron rod found on a point in the southeasterly boundary line |
---|
926 | 926 | | of a called 89.5-acre tract of land conveyed to the H.B. Hillyard, |
---|
927 | 927 | | Jr. and Julia I. Hillyard Revocable Living Trust, by instrument |
---|
928 | 928 | | recorded in Volume 1845, Page 808 of the Deed Records of McClennan |
---|
929 | 929 | | County, Texas, for an angle point hereof; |
---|
930 | 930 | | THENCE with the southeasterly boundary line of said 89.5-acre |
---|
931 | 931 | | tract, same being the southerly boundary line of said 730.417-acre |
---|
932 | 932 | | tract, N 57°14'15" E for a distance of 1017.80 feet to a 1/2" iron |
---|
933 | 933 | | rod found on a point being the northeast corner of said 89.5-acre |
---|
934 | 934 | | tract, for an angle point hereof; |
---|
935 | 935 | | THENCE with the northerly boundary line of said 89.5-acre |
---|
936 | 936 | | tract, same being the southerly boundary line of said 730.417-acre |
---|
937 | 937 | | tract, N 73°22'08" W for a distance of 2682.51 feet to a to a 1/2" |
---|
938 | 938 | | iron rod found on a point in the easterly right-of-way of Neal Road |
---|
939 | 939 | | (right-of-way width varies), said point being the northwest corner |
---|
940 | 940 | | of said 89.5-acre tract, same being the southwesterly corner of |
---|
941 | 941 | | said 730.417-acre tract, for the southwesterly corner hereof; |
---|
942 | 942 | | THENCE with the easterly right-of-way line of said Neal Road, |
---|
943 | 943 | | same being the westerly boundary line of said 730.417-acre tract, |
---|
944 | 944 | | the following two (2) courses and distances: |
---|
945 | 945 | | N 16°44'59" E for a distance of 641.51 feet to an angle |
---|
946 | 946 | | point hereof, and |
---|
947 | 947 | | N 16°43'27" E for a distance of 1649.96 feet to a 1/2:" |
---|
948 | 948 | | iron rod found on a point in the southerly margin of Franklin |
---|
949 | 949 | | Road, said point being the northwest corner of said |
---|
950 | 950 | | 730.417-acre tract, for the northwest corner hereof; |
---|
951 | 951 | | THENCE with the southerly margin of said Franklin Road, same |
---|
952 | 952 | | being the northwesterly boundary line of said 730.417-acre tract, |
---|
953 | 953 | | the following three (3) courses and distances: |
---|
954 | 954 | | 1. N 88°45'56" E for a distance of 1956.89 feet to an angle point |
---|
955 | 955 | | hereof, |
---|
956 | 956 | | 2. S 89°44'59" E for a distance of 1153.82 feet to a 1/2" iron rod |
---|
957 | 957 | | found on for an angle point hereof, and |
---|
958 | 958 | | 3. N 59°40'59" E for a distance of 1208.65 feet to an angle point |
---|
959 | 959 | | hereof; |
---|
960 | 960 | | THENCE departing the southerly margin of Franklin Road, |
---|
961 | 961 | | through the interior of said 730.417-acre tract, S 61°17'12" E for a |
---|
962 | 962 | | distance of 29.19 feet to a point being the northwesterly corner of |
---|
963 | 963 | | a called 10.00-acre tract of land conveyed to Kimberly Worthington, |
---|
964 | 964 | | by instrument recorded in Document No. 2021020842 of the Official |
---|
965 | 965 | | Public Records of McClennan County, Texas, for an angle point |
---|
966 | 966 | | hereof; |
---|
967 | 967 | | THENCE with the westerly, southerly and easterly boundary |
---|
968 | 968 | | lines, respectively, of said 10.00-acre tract the following twelve |
---|
969 | 969 | | (12) courses and distances: |
---|
970 | 970 | | 1. S 61°17'12" E for a distance of 324.55 feet to an angle point |
---|
971 | 971 | | hereof, |
---|
972 | 972 | | 2. N 06°20'39" E for a distance of 80.42 feet to an angle point |
---|
973 | 973 | | hereof, |
---|
974 | 974 | | 3. N 57°20'12" E for a distance of 81.81 feet to an angle point |
---|
975 | 975 | | hereof, |
---|
976 | 976 | | 4. S 23°32'20" E for a distance of 67.80 feet to an angle point |
---|
977 | 977 | | hereof, |
---|
978 | 978 | | 5. S 08°42'13" E for a distance of 181.25 feet to an angle point |
---|
979 | 979 | | hereof, |
---|
980 | 980 | | 6. N 39°25'15" E for a distance of 103.44 feet to an angle point |
---|
981 | 981 | | hereof, |
---|
982 | 982 | | 7. S 22°37'59" E for a distance of 186.24 feet to an angle point |
---|
983 | 983 | | hereof, |
---|
984 | 984 | | 8. N 57°23'30" E for a distance of 88.53 feet to an angle point |
---|
985 | 985 | | hereof, |
---|
986 | 986 | | 9. S 29°10'57" E for a distance of 72.30 feet to an angle point |
---|
987 | 987 | | hereof, |
---|
988 | 988 | | 10. N 59°40'57" E for a distance of 20.00 feet to an angle point |
---|
989 | 989 | | hereof, |
---|
990 | 990 | | 11. N 59°40'57" E for a distance of 489.21 feet to an angle point |
---|
991 | 991 | | hereof, and |
---|
992 | 992 | | 12. N 30°19'01" W for a distance of 663.75 feet to a point being the |
---|
993 | 993 | | northeasterly corner of said 10.00-acre tract for an angle point |
---|
994 | 994 | | hereof; |
---|
995 | 995 | | THENCE departing the boundary line of said 10.00-acre tract, |
---|
996 | 996 | | through the interior of said 730.417-acre tract, N 30°19'01" W for a |
---|
997 | 997 | | distance of 25.02 feet to a point in the southerly margin of |
---|
998 | 998 | | Franklin Road, same being the northwesterly boundary line of said |
---|
999 | 999 | | 730.417-acre tract, the following three (3) courses and distances: |
---|
1000 | 1000 | | 1. N 59°40'59" E for a distance of 701.97 feet to an angle point |
---|
1001 | 1001 | | hereof, |
---|
1002 | 1002 | | 2. N 60°40'09" E for a distance of 1305.59 feet to an angle point |
---|
1003 | 1003 | | hereof, and |
---|
1004 | 1004 | | 3. N 60°36'34" E for a distance of 617.98 feet to a point to the |
---|
1005 | 1005 | | POINT OF BEGINNING and containing 685.400 acres in the McClennan |
---|
1006 | 1006 | | County, Texas and Bell County, Texas. Said tract being described in |
---|
1007 | 1007 | | accordance with a survey prepared under Job No. 59012-22 by |
---|
1008 | 1008 | | Pape-Dawson Engineers, Inc. |
---|
1009 | 1009 | | (c) If the Act enacting this section does not receive a |
---|
1010 | 1010 | | two-thirds vote of all the members elected to each house, |
---|
1011 | 1011 | | Subchapter C, Chapter 7960, Special District Local Laws Code, as |
---|
1012 | 1012 | | added by Subsection (a) of this section, is amended by adding |
---|
1013 | 1013 | | Section 7960.0307 to read as follows: |
---|
1014 | 1014 | | Sec. 7960.0307. NO EMINENT DOMAIN POWER. The district may |
---|
1015 | 1015 | | not exercise the power of eminent domain. |
---|
1016 | 1016 | | (d) Section 3(c) of this Act is not intended to be an |
---|
1017 | 1017 | | expression of a legislative interpretation of the requirements of |
---|
1018 | 1018 | | Section 17(c), Article I, Texas Constitution. |
---|
1019 | 1019 | | SECTION 4. (a) Subtitle F, Title 6, Special District Local |
---|
1020 | 1020 | | Laws Code, is amended by adding Chapter 7962 to read as follows: |
---|
1021 | 1021 | | CHAPTER 7962. JARRELL ESTATES MUNICIPAL UTILITY DISTRICT NO. 1 |
---|
1022 | 1022 | | SUBCHAPTER A. GENERAL PROVISIONS |
---|
1023 | 1023 | | Sec. 7962.0101. DEFINITIONS. In this chapter: |
---|
1024 | 1024 | | (1) "Board" means the district's board of directors. |
---|
1025 | 1025 | | (2) "Commission" means the Texas Commission on |
---|
1026 | 1026 | | Environmental Quality. |
---|
1027 | 1027 | | (3) "Director" means a board member. |
---|
1028 | 1028 | | (4) "District" means the Jarrell Estates Municipal |
---|
1029 | 1029 | | Utility District No. 1. |
---|
1030 | 1030 | | Sec. 7962.0102. NATURE OF DISTRICT. The district is a |
---|
1031 | 1031 | | municipal utility district created under Section 59, Article XVI, |
---|
1032 | 1032 | | Texas Constitution. |
---|
1033 | 1033 | | Sec. 7962.0103. CONFIRMATION AND DIRECTORS' ELECTION |
---|
1034 | 1034 | | REQUIRED. The temporary directors shall hold an election to |
---|
1035 | 1035 | | confirm the creation of the district and to elect five permanent |
---|
1036 | 1036 | | directors as provided by Section 49.102, Water Code. |
---|
1037 | 1037 | | Sec. 7962.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
---|
1038 | 1038 | | temporary directors may not hold an election under Section |
---|
1039 | 1039 | | 7962.0103 until each municipality in whose corporate limits or |
---|
1040 | 1040 | | extraterritorial jurisdiction the district is located has |
---|
1041 | 1041 | | consented by ordinance or resolution to the creation of the |
---|
1042 | 1042 | | district and to the inclusion of land in the district. |
---|
1043 | 1043 | | Sec. 7962.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
---|
1044 | 1044 | | (a) The district is created to serve a public purpose and benefit. |
---|
1045 | 1045 | | (b) The district is created to accomplish the purposes of: |
---|
1046 | 1046 | | (1) a municipal utility district as provided by |
---|
1047 | 1047 | | general law and Section 59, Article XVI, Texas Constitution; and |
---|
1048 | 1048 | | (2) Section 52, Article III, Texas Constitution, that |
---|
1049 | 1049 | | relate to the construction, acquisition, improvement, operation, |
---|
1050 | 1050 | | or maintenance of macadamized, graveled, or paved roads, or |
---|
1051 | 1051 | | improvements, including storm drainage, in aid of those roads. |
---|
1052 | 1052 | | Sec. 7962.0106. INITIAL DISTRICT TERRITORY. (a) The |
---|
1053 | 1053 | | district is initially composed of the territory described by |
---|
1054 | 1054 | | Section 4(b) of the Act enacting this chapter. |
---|
1055 | 1055 | | (b) The boundaries and field notes contained in Section 4(b) |
---|
1056 | 1056 | | of the Act enacting this chapter form a closure. A mistake made in |
---|
1057 | 1057 | | the field notes or in copying the field notes in the legislative |
---|
1058 | 1058 | | process does not affect the district's: |
---|
1059 | 1059 | | (1) organization, existence, or validity; |
---|
1060 | 1060 | | (2) right to issue any type of bond for the purposes |
---|
1061 | 1061 | | for which the district is created or to pay the principal of and |
---|
1062 | 1062 | | interest on a bond; |
---|
1063 | 1063 | | (3) right to impose a tax; or |
---|
1064 | 1064 | | (4) legality or operation. |
---|
1065 | 1065 | | SUBCHAPTER B. BOARD OF DIRECTORS |
---|
1066 | 1066 | | Sec. 7962.0201. GOVERNING BODY; TERMS. (a) The district is |
---|
1067 | 1067 | | governed by a board of five elected directors. |
---|
1068 | 1068 | | (b) Except as provided by Section 7962.0202, directors |
---|
1069 | 1069 | | serve staggered four-year terms. |
---|
1070 | 1070 | | Sec. 7962.0202. TEMPORARY DIRECTORS. (a) The temporary |
---|
1071 | 1071 | | board consists of: |
---|
1072 | 1072 | | (1) Jake Newman; |
---|
1073 | 1073 | | (2) Davis Craig; |
---|
1074 | 1074 | | (3) Brad Harwick; |
---|
1075 | 1075 | | (4) LouAnn Covington; and |
---|
1076 | 1076 | | (5) Stephen Fowler. |
---|
1077 | 1077 | | (b) Temporary directors serve until the earlier of: |
---|
1078 | 1078 | | (1) the date permanent directors are elected under |
---|
1079 | 1079 | | Section 7962.0103; or |
---|
1080 | 1080 | | (2) the fourth anniversary of the effective date of |
---|
1081 | 1081 | | the Act enacting this chapter. |
---|
1082 | 1082 | | (c) If permanent directors have not been elected under |
---|
1083 | 1083 | | Section 7962.0103 and the terms of the temporary directors have |
---|
1084 | 1084 | | expired, successor temporary directors shall be appointed or |
---|
1085 | 1085 | | reappointed as provided by Subsection (d) to serve terms that |
---|
1086 | 1086 | | expire on the earlier of: |
---|
1087 | 1087 | | (1) the date permanent directors are elected under |
---|
1088 | 1088 | | Section 7962.0103; or |
---|
1089 | 1089 | | (2) the fourth anniversary of the date of the |
---|
1090 | 1090 | | appointment or reappointment. |
---|
1091 | 1091 | | (d) If Subsection (c) applies, the owner or owners of a |
---|
1092 | 1092 | | majority of the assessed value of the real property in the district |
---|
1093 | 1093 | | may submit a petition to the commission requesting that the |
---|
1094 | 1094 | | commission appoint as successor temporary directors the five |
---|
1095 | 1095 | | persons named in the petition. The commission shall appoint as |
---|
1096 | 1096 | | successor temporary directors the five persons named in the |
---|
1097 | 1097 | | petition. |
---|
1098 | 1098 | | SUBCHAPTER C. POWERS AND DUTIES |
---|
1099 | 1099 | | Sec. 7962.0301. GENERAL POWERS AND DUTIES. The district |
---|
1100 | 1100 | | has the powers and duties necessary to accomplish the purposes for |
---|
1101 | 1101 | | which the district is created. |
---|
1102 | 1102 | | Sec. 7962.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
---|
1103 | 1103 | | DUTIES. The district has the powers and duties provided by the |
---|
1104 | 1104 | | general law of this state, including Chapters 49 and 54, Water Code, |
---|
1105 | 1105 | | applicable to municipal utility districts created under Section 59, |
---|
1106 | 1106 | | Article XVI, Texas Constitution. |
---|
1107 | 1107 | | Sec. 7962.0303. AUTHORITY FOR ROAD PROJECTS. Under Section |
---|
1108 | 1108 | | 52, Article III, Texas Constitution, the district may design, |
---|
1109 | 1109 | | acquire, construct, finance, issue bonds for, improve, operate, |
---|
1110 | 1110 | | maintain, and convey to this state, a county, or a municipality for |
---|
1111 | 1111 | | operation and maintenance macadamized, graveled, or paved roads, or |
---|
1112 | 1112 | | improvements, including storm drainage, in aid of those roads. |
---|
1113 | 1113 | | Sec. 7962.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
---|
1114 | 1114 | | road project must meet all applicable construction standards, |
---|
1115 | 1115 | | zoning and subdivision requirements, and regulations of each |
---|
1116 | 1116 | | municipality in whose corporate limits or extraterritorial |
---|
1117 | 1117 | | jurisdiction the road project is located. |
---|
1118 | 1118 | | (b) If a road project is not located in the corporate limits |
---|
1119 | 1119 | | or extraterritorial jurisdiction of a municipality, the road |
---|
1120 | 1120 | | project must meet all applicable construction standards, |
---|
1121 | 1121 | | subdivision requirements, and regulations of each county in which |
---|
1122 | 1122 | | the road project is located. |
---|
1123 | 1123 | | (c) If the state will maintain and operate the road, the |
---|
1124 | 1124 | | Texas Transportation Commission must approve the plans and |
---|
1125 | 1125 | | specifications of the road project. |
---|
1126 | 1126 | | Sec. 7962.0305. COMPLIANCE WITH MUNICIPAL REGULATIONS. Any |
---|
1127 | 1127 | | water, sanitary sewer, road, drainage, or other infrastructure or |
---|
1128 | 1128 | | public facilities constructed, acquired, improved, maintained, or |
---|
1129 | 1129 | | operated by the district shall comply with any subdivision or other |
---|
1130 | 1130 | | applicable regulations of any municipality in whose corporate |
---|
1131 | 1131 | | limits or extraterritorial jurisdiction the infrastructure or |
---|
1132 | 1132 | | public facilities are located unless other regulations are |
---|
1133 | 1133 | | specified in a development agreement between the district and the |
---|
1134 | 1134 | | municipality. |
---|
1135 | 1135 | | Sec. 7962.0306. COMPLIANCE WITH MUNICIPAL CONSENT |
---|
1136 | 1136 | | ORDINANCE OR RESOLUTION. The district shall comply with all |
---|
1137 | 1137 | | applicable requirements of any ordinance or resolution that is |
---|
1138 | 1138 | | adopted under Section 54.016 or 54.0165, Water Code, and that |
---|
1139 | 1139 | | consents to the creation of the district or to the inclusion of land |
---|
1140 | 1140 | | in the district. |
---|
1141 | 1141 | | Sec. 7962.0307. DIVISION OF DISTRICT. (a) The district may |
---|
1142 | 1142 | | be divided into two or more new districts only if the district: |
---|
1143 | 1143 | | (1) has no outstanding bonded debt; and |
---|
1144 | 1144 | | (2) is not imposing ad valorem taxes. |
---|
1145 | 1145 | | (b) This chapter applies to any new district created by the |
---|
1146 | 1146 | | division of the district, and a new district has all the powers and |
---|
1147 | 1147 | | duties of the district. |
---|
1148 | 1148 | | (c) Any new district created by the division of the district |
---|
1149 | 1149 | | may not, at the time the new district is created, contain any land |
---|
1150 | 1150 | | outside the area described by Section 4(b) of the Act enacting this |
---|
1151 | 1151 | | chapter. |
---|
1152 | 1152 | | (d) The board, on its own motion or on receipt of a petition |
---|
1153 | 1153 | | signed by the owner or owners of a majority of the assessed value of |
---|
1154 | 1154 | | the real property in the district, may adopt an order dividing the |
---|
1155 | 1155 | | district. |
---|
1156 | 1156 | | (e) The board may adopt an order dividing the district |
---|
1157 | 1157 | | before or after the date the board holds an election under Section |
---|
1158 | 1158 | | 7962.0103 to confirm the district's creation. |
---|
1159 | 1159 | | (f) An order dividing the district shall: |
---|
1160 | 1160 | | (1) name each new district; |
---|
1161 | 1161 | | (2) include the metes and bounds description of the |
---|
1162 | 1162 | | territory of each new district; |
---|
1163 | 1163 | | (3) appoint temporary directors for each new district; |
---|
1164 | 1164 | | and |
---|
1165 | 1165 | | (4) provide for the division of assets and liabilities |
---|
1166 | 1166 | | between or among the new districts. |
---|
1167 | 1167 | | (g) On or before the 30th day after the date of adoption of |
---|
1168 | 1168 | | an order dividing the district, the district shall file the order |
---|
1169 | 1169 | | with the commission and record the order in the real property |
---|
1170 | 1170 | | records of each county in which the district is located. |
---|
1171 | 1171 | | (h) Any new district created by the division of the district |
---|
1172 | 1172 | | shall hold a confirmation and directors' election as required by |
---|
1173 | 1173 | | Section 7962.0103. If the voters of a new district do not confirm |
---|
1174 | 1174 | | the creation of the new district, the assets, obligations, |
---|
1175 | 1175 | | territory, and governance of the new district revert to the |
---|
1176 | 1176 | | original district. |
---|
1177 | 1177 | | (i) If the creation of the new district is confirmed, the |
---|
1178 | 1178 | | new district shall provide the election date and results to the |
---|
1179 | 1179 | | commission. |
---|
1180 | 1180 | | (j) Municipal consent to the creation of the district and to |
---|
1181 | 1181 | | the inclusion of land in the district granted under Section |
---|
1182 | 1182 | | 7962.0104 acts as municipal consent to the creation of any new |
---|
1183 | 1183 | | district created by the division of the district and to the |
---|
1184 | 1184 | | inclusion of land in the new district. |
---|
1185 | 1185 | | (k) Any new district created by the division of the district |
---|
1186 | 1186 | | must hold an election as required by this chapter to obtain voter |
---|
1187 | 1187 | | approval before the district may impose a maintenance tax or issue |
---|
1188 | 1188 | | bonds payable wholly or partly from ad valorem taxes. |
---|
1189 | 1189 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
---|
1190 | 1190 | | Sec. 7962.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
---|
1191 | 1191 | | The district may issue, without an election, bonds and other |
---|
1192 | 1192 | | obligations secured by: |
---|
1193 | 1193 | | (1) revenue other than ad valorem taxes; or |
---|
1194 | 1194 | | (2) contract payments described by Section 7962.0403. |
---|
1195 | 1195 | | (b) The district must hold an election in the manner |
---|
1196 | 1196 | | provided by Chapters 49 and 54, Water Code, to obtain voter approval |
---|
1197 | 1197 | | before the district may impose an ad valorem tax or issue bonds |
---|
1198 | 1198 | | payable from ad valorem taxes. |
---|
1199 | 1199 | | (c) The district may not issue bonds payable from ad valorem |
---|
1200 | 1200 | | taxes to finance a road project unless the issuance is approved by a |
---|
1201 | 1201 | | vote of a two-thirds majority of the district voters voting at an |
---|
1202 | 1202 | | election held for that purpose. |
---|
1203 | 1203 | | Sec. 7962.0402. OPERATION AND MAINTENANCE TAX. (a) If |
---|
1204 | 1204 | | authorized at an election held under Section 7962.0401, the |
---|
1205 | 1205 | | district may impose an operation and maintenance tax on taxable |
---|
1206 | 1206 | | property in the district in accordance with Section 49.107, Water |
---|
1207 | 1207 | | Code. |
---|
1208 | 1208 | | (b) The board shall determine the tax rate. The rate may not |
---|
1209 | 1209 | | exceed the rate approved at the election. |
---|
1210 | 1210 | | (c) Section 49.107(f), Water Code, does not apply to |
---|
1211 | 1211 | | reimbursements for projects constructed or acquired under Section |
---|
1212 | 1212 | | 7962.0303. |
---|
1213 | 1213 | | Sec. 7962.0403. CONTRACT TAXES. (a) In accordance with |
---|
1214 | 1214 | | Section 49.108, Water Code, the district may impose a tax other than |
---|
1215 | 1215 | | an operation and maintenance tax and use the revenue derived from |
---|
1216 | 1216 | | the tax to make payments under a contract after the provisions of |
---|
1217 | 1217 | | the contract have been approved by a majority of the district voters |
---|
1218 | 1218 | | voting at an election held for that purpose. |
---|
1219 | 1219 | | (b) A contract approved by the district voters may contain a |
---|
1220 | 1220 | | provision stating that the contract may be modified or amended by |
---|
1221 | 1221 | | the board without further voter approval. |
---|
1222 | 1222 | | SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
---|
1223 | 1223 | | Sec. 7962.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
---|
1224 | 1224 | | OBLIGATIONS. The district may issue bonds or other obligations |
---|
1225 | 1225 | | payable wholly or partly from ad valorem taxes, impact fees, |
---|
1226 | 1226 | | revenue, contract payments, grants, or other district money, or any |
---|
1227 | 1227 | | combination of those sources, to pay for any authorized district |
---|
1228 | 1228 | | purpose. |
---|
1229 | 1229 | | Sec. 7962.0502. TAXES FOR BONDS. At the time the district |
---|
1230 | 1230 | | issues bonds payable wholly or partly from ad valorem taxes, the |
---|
1231 | 1231 | | board shall provide for the annual imposition of a continuing |
---|
1232 | 1232 | | direct ad valorem tax, without limit as to rate or amount, while all |
---|
1233 | 1233 | | or part of the bonds are outstanding as required and in the manner |
---|
1234 | 1234 | | provided by Sections 54.601 and 54.602, Water Code. |
---|
1235 | 1235 | | Sec. 7962.0503. BONDS FOR ROAD PROJECTS. At the time of |
---|
1236 | 1236 | | issuance, the total principal amount of bonds or other obligations |
---|
1237 | 1237 | | issued or incurred to finance road projects and payable from ad |
---|
1238 | 1238 | | valorem taxes may not exceed one-fourth of the assessed value of the |
---|
1239 | 1239 | | real property in the district. |
---|
1240 | 1240 | | (b) The Jarrell Estates Municipal Utility District No. 1 |
---|
1241 | 1241 | | initially includes all the territory contained in the following |
---|
1242 | 1242 | | area: |
---|
1243 | 1243 | | (a) BEGINNING: At a 2" pipe post found in the North line of |
---|
1244 | 1244 | | County Road 232 for the lower Southeast corner of a 649.53 Acre |
---|
1245 | 1245 | | Tract (Document #2004074055, Official Public Records, described in |
---|
1246 | 1246 | | Volume 2520, Page 200 and Volume 2598, Page 457, Official Public |
---|
1247 | 1247 | | Records) and an exterior corner of said 3072.64 Acre Tract and of |
---|
1248 | 1248 | | this tract from which a 2" pipe post found in the South line of said |
---|
1249 | 1249 | | county road for the Northwest corner of a 48.65 Acre Tract (surveyed |
---|
1250 | 1250 | | March 10, 2022) bears S 00° 18' 48" W 56.15 feet; |
---|
1251 | 1251 | | THENCE: Along a fence with the lower East line of said 649.53 |
---|
1252 | 1252 | | Acre Tract and a West line of said 3072.64 Acre Tract and of this |
---|
1253 | 1253 | | tract as follows: |
---|
1254 | 1254 | | N 04° 31' 43" W 735.20 feet to a 3" pipe post found for an angle |
---|
1255 | 1255 | | point; |
---|
1256 | 1256 | | N 10° 51' 27" W 14.01 feet to a 3" pipe post found for an |
---|
1257 | 1257 | | interior corner of said 649.53 Acre Tract and an exterior corner of |
---|
1258 | 1258 | | said 3072.64 Acre Tract and of this tract; |
---|
1259 | 1259 | | THENCE: Along a fence with the upper South line of said 649.53 |
---|
1260 | 1260 | | Acre Tract and a North line of said 3072.64 Acre Tract and of this |
---|
1261 | 1261 | | tract as follows: |
---|
1262 | 1262 | | N 65° 24' 32" E 680.46 feet to a 2" pipe post found for an angle |
---|
1263 | 1263 | | point; |
---|
1264 | 1264 | | N 65° 28' 50" E 651.69 feet to a 2" pipe post found for an angle |
---|
1265 | 1265 | | point; |
---|
1266 | 1266 | | N 68° 01' 01" E 2635.82 feet to a 100D nail set for the |
---|
1267 | 1267 | | Southeast corner of said 649.53 Acre Tract and an interior corner of |
---|
1268 | 1268 | | said 3072.64 Acre Tract and of this tract; |
---|
1269 | 1269 | | THENCE: Along a fence with the East line of Abstract No. 358, |
---|
1270 | 1270 | | Survey No. 1, and said 649.53 Acre Tract, the lower East line of a |
---|
1271 | 1271 | | 1209.24 Acre Tract (Document #2014012037, Official Public |
---|
1272 | 1272 | | Records), the West line of Survey No. 21, and the upper West line of |
---|
1273 | 1273 | | said 3072.64 Acre Tract and of this tract as follows: |
---|
1274 | 1274 | | N 21° 16' 42" W 2553.70 feet to a 2" pipe post found for an |
---|
1275 | 1275 | | angle point; |
---|
1276 | 1276 | | N 21° 14' 51" W 877.13 feet to a steel post found for an angle |
---|
1277 | 1277 | | point; |
---|
1278 | 1278 | | N 20° 54' 03" W 2216.78 feet to a 3" pipe post found for the |
---|
1279 | 1279 | | Northeast corner of said 649.53 Acre Tract and an angle point of |
---|
1280 | 1280 | | this tract; |
---|
1281 | 1281 | | S 69° 04' 53" W 13.57 feet with the North line of said 649.53 |
---|
1282 | 1282 | | Acre Tract to a 3" pipe post found for the Southeast corner of said |
---|
1283 | 1283 | | 1209.24 Acre Tract and an angle point of this tract; |
---|
1284 | 1284 | | N 20° 05' 30" W 1230.33 feet to a 2" pipe post found for an |
---|
1285 | 1285 | | interior corner of said 1209.24 Acre Tract and the upper Northwest |
---|
1286 | 1286 | | corner of said 3072.64 Acre Tract and of this tract; |
---|
1287 | 1287 | | THENCE: Along a fence with the upper South line of said |
---|
1288 | 1288 | | 1209.24 Acre Tract, the South line of a 5611 Acre Tract (Volume 365, |
---|
1289 | 1289 | | Page 115, Deed Records) and the North line of said 3072.64 Acre |
---|
1290 | 1290 | | Tract and of this tract as follows: |
---|
1291 | 1291 | | N 68° 20' 52" E 277.73 feet to a 1/2" iron pin found by 10" |
---|
1292 | 1292 | | cedar post for the upper Southeast corner of said 1209.24 Acre |
---|
1293 | 1293 | | Tract, the upper Southwest corner of said 5611 Acre Tract, and an |
---|
1294 | 1294 | | angle point of this tract; |
---|
1295 | 1295 | | N 68° 26' 45" E 5079.62 feet to a 2" pipe post found for an |
---|
1296 | 1296 | | angle point; |
---|
1297 | 1297 | | S 86° 22' 04" E 411.00 feet to a 1/2" iron pin found by 6" cedar |
---|
1298 | 1298 | | post for an interior corner of said 5611 Acre Tract and the upper |
---|
1299 | 1299 | | Northeast corner of this tract; |
---|
1300 | 1300 | | S 20° 51' 48" E 2076.49 feet to a 5/8" iron pin found by 3" pipe |
---|
1301 | 1301 | | post for an exterior corner of said 5611 Acre Tract and an interior |
---|
1302 | 1302 | | corner of this tract; |
---|
1303 | 1303 | | N 69° 23' 59" E 1379.50 feet to a 3" pipe post found for an |
---|
1304 | 1304 | | interior corner of said 5611 Acre Tract and an exterior corner of |
---|
1305 | 1305 | | this tract; |
---|
1306 | 1306 | | S 21° 50' 49" E 1736.87 feet to a 3" pipe post found for an |
---|
1307 | 1307 | | angle point; |
---|
1308 | 1308 | | S 20° 41' 55" E 1761.43 feet to a 3" pipe post found for the |
---|
1309 | 1309 | | lower Southwest corner of said 5611 Acre Tract, an interior corner |
---|
1310 | 1310 | | of said 3072.64 Acre Tract, an exterior corner of a 1205.00 Acre |
---|
1311 | 1311 | | Tract (this day surveyed), and an angle point of this tract; |
---|
1312 | 1312 | | S 21° 05' 42" E 540.16 feet into said 3072.64 Acre Tract to a |
---|
1313 | 1313 | | 5/8" iron pin set for an interior corner of said 1205.00 Acre Tract |
---|
1314 | 1314 | | and the upper Southeast corner of this tract; |
---|
1315 | 1315 | | THENCE: S 68° 43' 40" W 5320.62 feet to a 5/8" iron pin set for |
---|
1316 | 1316 | | the Northwest corner of said 1205.00 Acre Tract and an interior |
---|
1317 | 1317 | | corner of this tract; |
---|
1318 | 1318 | | THENCE: S 21° 02' 32" E 5182.49 feet, at 2584.32 feet pass a |
---|
1319 | 1319 | | 5/8" iron pin set for an angle point of said 1205.00 Acre Tract and |
---|
1320 | 1320 | | the upper Northwest corner of a 514.30 Acre Tract (this day |
---|
1321 | 1321 | | surveyed), continuing to a 5/8" iron pin set for an interior corner |
---|
1322 | 1322 | | of said 514.30 Acre Tract and an exterior corner of this tract; |
---|
1323 | 1323 | | THENCE: S 68° 57' 28" W 1870.94 feet to a 5/8" iron pin set for |
---|
1324 | 1324 | | the lower Northwest corner of said 514.30 Acre Tract and the lower |
---|
1325 | 1325 | | Southwest corner of this tract; |
---|
1326 | 1326 | | THENCE: N 20° 44' 59" W 1603.97 feet along a fence with the |
---|
1327 | 1327 | | East line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458, Page |
---|
1328 | 1328 | | 859, Deed Records) and the West line of Survey No. 21 to a 1/2" iron |
---|
1329 | 1329 | | pin found by 10" cedar post for the Northeast corner of Survey |
---|
1330 | 1330 | | No. 13 and said 195.5 Acre Tract, the Southeast corner of Abstract |
---|
1331 | 1331 | | No. 358, and an interior corner of said 3072.64 Acre Tract and of |
---|
1332 | 1332 | | this tract; |
---|
1333 | 1333 | | THENCE: S 68° 20' 05" W 3102.03 feet along a fence with the |
---|
1334 | 1334 | | North line of Survey No. 13 and the South line of Abstract No. 358 |
---|
1335 | 1335 | | to a 6" cedar post found for an exterior corner of said 3072.64 Acre |
---|
1336 | 1336 | | Tract and of this tract; |
---|
1337 | 1337 | | THENCE: Along a fence with the East line of said county road |
---|
1338 | 1338 | | and a West line of said 3072.64 Acre Tract and of this tract passing |
---|
1339 | 1339 | | 2" pipe posts found as follows: |
---|
1340 | 1340 | | N 32° 07' 47" W 379.77 feet to an angle point; |
---|
1341 | 1341 | | N 33° 01' 44" W 321.50 feet to an angle point; |
---|
1342 | 1342 | | N 50° 45' 25" W 315.12 feet to an angle point; |
---|
1343 | 1343 | | N 41° 41' 33" W 368.36 feet to an angle point; |
---|
1344 | 1344 | | N 17° 54' 39" W 267.13 feet to an angle point; |
---|
1345 | 1345 | | N 22° 26' 20" W 168.35 feet to an angle point; |
---|
1346 | 1346 | | N 46° 44' 55" W 100.13 feet to an angle point; |
---|
1347 | 1347 | | N 71° 41' 21" W 102.15 feet to an angle point; |
---|
1348 | 1348 | | N 81° 36' 11" W 539.79 feet to the POINT OF BEGINNING. |
---|
1349 | 1349 | | (b) BEGINNING: At a 5/8" iron pin set under fence in the West |
---|
1350 | 1350 | | line of a 673.33 Acre Tract (Document #2021159264, Official Public |
---|
1351 | 1351 | | Records) and the lower East line of said 3072.64 Acre Tract for the |
---|
1352 | 1352 | | lower Southeast corner of a 1205.00 Acre Tract (this day surveyed) |
---|
1353 | 1353 | | and the lower Northeast corner of this tract from which a 1/2" iron |
---|
1354 | 1354 | | pin found for an angle point of said 1205.00 Acre Tract bears N 20° |
---|
1355 | 1355 | | 43' 12med" W 159.01 feet; |
---|
1356 | 1356 | | THENCE: Along a fence with the West line of said 673.33 Acre |
---|
1357 | 1357 | | Tract and the lower East line of said 3072.64 Acre Tract and of this |
---|
1358 | 1358 | | tract as follows: |
---|
1359 | 1359 | | S 20° 43' 10" E 519.72 feet to a 1/2" iron pin found for an |
---|
1360 | 1360 | | angle point; |
---|
1361 | 1361 | | S 12° 01' 50" E 291.83 feet to a 5/8" iron pin found for an |
---|
1362 | 1362 | | interior corner of said 673.33 Acre Tract, an exterior corner of |
---|
1363 | 1363 | | said 3072.64 Acre Tract, and the upper Southeast corner of this |
---|
1364 | 1364 | | tract; |
---|
1365 | 1365 | | THENCE: Along a fence with the North line of Survey No. 20, |
---|
1366 | 1366 | | the lower North line of said 673.33 Acre Tract, and the North line |
---|
1367 | 1367 | | of a 30-foot Nature Trail of Spear's Ranch on Salado Creek Section |
---|
1368 | 1368 | | One (Cabinet T, Slides 209 thru 223, Plat Records), and the South |
---|
1369 | 1369 | | line of Survey No. 21, and a South line of this tract as follows: |
---|
1370 | 1370 | | S 69° 56' 54" W 252.66 feet to a 1/2" iron pin found by 3" pipe |
---|
1371 | 1371 | | post for the lower Northwest corner of said 673.33 Acre Tract, the |
---|
1372 | 1372 | | Northeast corner of said nature trail, and an angle point of this |
---|
1373 | 1373 | | tract; |
---|
1374 | 1374 | | S 69° 04' 11" W 416.61 feet to an angle point; |
---|
1375 | 1375 | | S 69° 08' 40" W 1831.06 feet to an angle point; |
---|
1376 | 1376 | | S 68° 48' 01" W 760.40 feet to an angle point; |
---|
1377 | 1377 | | S 67° 55' 49" W 1390.64 feet to an angle point; |
---|
1378 | 1378 | | S 69° 24' 50" W 1554.14 feet to a 2" pipe post found for the |
---|
1379 | 1379 | | Northwest corner of said nature trail, the Northeast corner of said |
---|
1380 | 1380 | | 67.66 Acre Tract, and an interior corner of this tract; |
---|
1381 | 1381 | | THENCE: Along a fence with the West line of said nature trail, |
---|
1382 | 1382 | | the East line of said 67.66 Acre Tract, and the lower East line of |
---|
1383 | 1383 | | this tract as follows: |
---|
1384 | 1384 | | S 02° 25' 02" E 30.04 feet to a 1/2" iron pin found by 26" Live |
---|
1385 | 1385 | | Oak tree for an angle point; |
---|
1386 | 1386 | | S 26° 21' 04" E 218.30 feet to a 3/8" iron pin found for an |
---|
1387 | 1387 | | angle point; |
---|
1388 | 1388 | | S 26° 19' 50" E 456.50 feet to a 3/8" iron pin found by 16" Live |
---|
1389 | 1389 | | Oak tree for an angle point; |
---|
1390 | 1390 | | S 25° 01' 14" E 305.56 feet to an 18" Oak tree found for an |
---|
1391 | 1391 | | angle point; |
---|
1392 | 1392 | | S 21° 39' 46" E 165.35 feet to a 3/8" iron pin found for an |
---|
1393 | 1393 | | angle point; |
---|
1394 | 1394 | | S 16° 12' 10" E 339.66 feet to an 18" Cedar tree found for an |
---|
1395 | 1395 | | angle point; |
---|
1396 | 1396 | | S 14° 12' 03" E 533.49 feet to a 1/2" iron pin found by 18" Oak |
---|
1397 | 1397 | | tree for an angle point; |
---|
1398 | 1398 | | S 19° 05' 16" E 202.66 feet to a 3/8" iron pin found by 12" Live |
---|
1399 | 1399 | | Oak for an angle point; |
---|
1400 | 1400 | | S 14° 09' 26" E 650.74 feet to a 3/8" iron pin found by 4" cedar |
---|
1401 | 1401 | | post for an angle point; |
---|
1402 | 1402 | | S 15° 16' 20" E 383.91 feet to a 10" cedar post found for the |
---|
1403 | 1403 | | Northeast corner of the remainder of a 2161.001 Acre Tract |
---|
1404 | 1404 | | (Document #2000028918, Official Public Records), the Southeast |
---|
1405 | 1405 | | corner of said 67.66 Acre Tract, and the lower Southeast corner of |
---|
1406 | 1406 | | this tract; |
---|
1407 | 1407 | | THENCE: S 71° 03' 19" W 770.90 feet along a fence to a 1/2" |
---|
1408 | 1408 | | iron pin found by 10" creosote post for the Northwest corner of the |
---|
1409 | 1409 | | remainder of said 2161.001 Acre Tract, the Southwest corner of said |
---|
1410 | 1410 | | 67.66 Acre Tract, and the lower Southwest corner of this tract; |
---|
1411 | 1411 | | THENCE: N 21° 37' 35" W 1396.02 feet along a fence with the |
---|
1412 | 1412 | | East line of Survey No. 13 and a 106.95 Acre Tract (Volume 2255, |
---|
1413 | 1413 | | Page 742, Official Public Records) and the West line of Survey |
---|
1414 | 1414 | | No. 20 to a 1/2" iron pin found by 8" creosote post for the |
---|
1415 | 1415 | | Northeast corner of said 106.95 Acre Tract, an angle point of said |
---|
1416 | 1416 | | 67.66 Acre Tract, an exterior corner of said 3072.64 Acre Tract, and |
---|
1417 | 1417 | | an interior corner of this tract; |
---|
1418 | 1418 | | THENCE: Along a fence with the North line of said 106.95 Acre |
---|
1419 | 1419 | | Tract and a South line of said 3072.64 Acre Tract and of this tract |
---|
1420 | 1420 | | as follows: |
---|
1421 | 1421 | | S 68° 18' 48" W 1267.81 feet to a 1/2" iron pin found for an |
---|
1422 | 1422 | | angle point; |
---|
1423 | 1423 | | S 76° 37' 01" W 136.62 feet to a 40D nail found by Elm for an |
---|
1424 | 1424 | | angle point; |
---|
1425 | 1425 | | S 83° 29' 14" W 102.48 feet to a 40D nail found by Elm for an |
---|
1426 | 1426 | | angle point; |
---|
1427 | 1427 | | N 61° 35' 19" W 10.73 feet to a 6" cedar post found for an angle |
---|
1428 | 1428 | | point; |
---|
1429 | 1429 | | N 87° 05' 38" W 119.71 feet to a 1/2" iron pin found by 2" pipe |
---|
1430 | 1430 | | post for an angle point; |
---|
1431 | 1431 | | S 06° 13' 12" E 175.36 feet to a 1/2" iron pin found by 2" pipe |
---|
1432 | 1432 | | post for an angle point; |
---|
1433 | 1433 | | S 56° 36' 48" W 75.04 feet to a 1/2" iron pin found for an angle |
---|
1434 | 1434 | | point; |
---|
1435 | 1435 | | S 44° 41' 09" W 113.47 feet to a 2" pipe post found for an angle |
---|
1436 | 1436 | | point; |
---|
1437 | 1437 | | S 42° 07' 36" W 152.96 feet to a 5/8" iron pin set for the |
---|
1438 | 1438 | | Northwest corner of said 106.95 Acre Tract and an exterior corner of |
---|
1439 | 1439 | | said 3072.64 Acre Tract and of this tract; |
---|
1440 | 1440 | | THENCE: Along a fence with the East line of County Road 232 |
---|
1441 | 1441 | | and a West line of said 3072.64 Acre Tract and of this tract as |
---|
1442 | 1442 | | follows: |
---|
1443 | 1443 | | N 19° 17' 35" E 134.40 feet to an angle point; |
---|
1444 | 1444 | | N 24° 00' 25" W 138.58 feet to an angle point; |
---|
1445 | 1445 | | N 38° 19' 18" W 658.87 feet to a 1/2" iron pin found by 2" pipe |
---|
1446 | 1446 | | post for an angle point; |
---|
1447 | 1447 | | N 39° 31' 29" W 250.06 feet, at 51.76 feet pass the South |
---|
1448 | 1448 | | terminus of a 50-foot Road Easement (this day surveyed), continuing |
---|
1449 | 1449 | | to an angle point; |
---|
1450 | 1450 | | N 44° 04' 25" W 261.31 feet to an angle point; |
---|
1451 | 1451 | | N 44° 10' 37" W 593.32 feet to a 2" pipe post found for an angle |
---|
1452 | 1452 | | point; |
---|
1453 | 1453 | | N 14° 32' 04" W 211.93 feet to an angle point; |
---|
1454 | 1454 | | N 04° 30' 47" W 470.65 feet to a 1/2" iron pin found in the |
---|
1455 | 1455 | | South line of a 195.5 Acre Tract (Volume 2458, Page 859, Deed |
---|
1456 | 1456 | | Records) and an exterior corner of said 3072.64 Acre Tract and of |
---|
1457 | 1457 | | this tract; |
---|
1458 | 1458 | | THENCE: N 68° 15' 37" E 2341.32 feet along a fence to a 10" |
---|
1459 | 1459 | | cedar post found for the Southeast corner of said 195.5 Acre Tract |
---|
1460 | 1460 | | and an interior corner of said 3072.64 Acre Tract and of this tract; |
---|
1461 | 1461 | | THENCE: N 20° 44' 59" W 702.86 feet along a fence with the |
---|
1462 | 1462 | | East line of Survey No. 13 and said 195.5 Acre Tract and the West |
---|
1463 | 1463 | | line of Survey No. 21 and said 3072.64 Acre Tract to a 5/8" iron pin |
---|
1464 | 1464 | | set for an exterior corner of a 1419.57 Acre Tract (this day |
---|
1465 | 1465 | | surveyed) and the lower Northwest corner of this tract; |
---|
1466 | 1466 | | THENCE: Crossing said 3072.64 Acre Tract with the North line |
---|
1467 | 1467 | | of this tract as follows: |
---|
1468 | 1468 | | N 68° 57' 28" E 1870.94 feet to a 5/8" iron pin set for the |
---|
1469 | 1469 | | lower Southeast corner of said 1419.57 Acre Tract and an interior |
---|
1470 | 1470 | | corner of this tract; |
---|
1471 | 1471 | | N 21° 02' 32" W 2598.17 feet with the lower East line of said |
---|
1472 | 1472 | | 1419.57 Acre Tract to a 5/8" iron pin set for an angle point of said |
---|
1473 | 1473 | | 1205.00 Acre Tract and the upper Northwest corner of this tract; |
---|
1474 | 1474 | | Continuing with the North line of this tract and the South |
---|
1475 | 1475 | | line of said 1205.00 Acre Tract as follows: |
---|
1476 | 1476 | | S 64° 48' 25" E 1376.79 feet, at 618.20 feet pass the North |
---|
1477 | 1477 | | terminus of said road easement, continuing to a 5/8" iron pin set |
---|
1478 | 1478 | | for an angle point; |
---|
1479 | 1479 | | N 72° 00' 34" E 2659.37 feet to a 5/8" iron pin set for an |
---|
1480 | 1480 | | interior corner of said 1205.00 Acre Tract and the upper Northeast |
---|
1481 | 1481 | | corner of this tract; |
---|
1482 | 1482 | | S 20° 22' 11" E 1911.75 feet to a 5/8" iron pin set for the |
---|
1483 | 1483 | | Southwest corner of said 1205.00 Acre Tract and an interior corner |
---|
1484 | 1484 | | of this tract; |
---|
1485 | 1485 | | N 67° 49' 03" E 1727.05 feet to the POINT OF BEGINNING. |
---|
1486 | 1486 | | (c) BEGINNING: At a 1/2" iron pin found in the West line of |
---|
1487 | 1487 | | County Road 232 and the South line of a 195.5 Acre Tract (Volume |
---|
1488 | 1488 | | 2458, Page 859, Deed Records) for the Northeast corner of this tract |
---|
1489 | 1489 | | from which a 1/2" iron pin found in the East line of said county road |
---|
1490 | 1490 | | for an exterior corner of a 514.30 Acre Tract (this day surveyed) |
---|
1491 | 1491 | | bears N 68° 50' 18" E 54.24 feet; |
---|
1492 | 1492 | | THENCE: With the West line of said road and the East line of |
---|
1493 | 1493 | | this tract passing 1/2" iron pins found as follows: |
---|
1494 | 1494 | | S 04° 49' 16" E 455.90 feet to an angle point; |
---|
1495 | 1495 | | S 14° 52' 48" E 238.88 feet to an angle point; |
---|
1496 | 1496 | | S 44° 15' 55" E 602.34 feet to an angle point; |
---|
1497 | 1497 | | S 44° 13' 37" E 256.82 feet to an angle point; |
---|
1498 | 1498 | | S 39° 27' 01" E 248.02 feet to an angle point; |
---|
1499 | 1499 | | S 38° 18' 33" E 658.46 feet to an angle point; |
---|
1500 | 1500 | | S 24° 31' 17" E 109.18 feet to a 1/2" iron pin found for the |
---|
1501 | 1501 | | Southeast corner of this tract; |
---|
1502 | 1502 | | THENCE: With the North line of said county road and the South |
---|
1503 | 1503 | | line of this tract as follows: |
---|
1504 | 1504 | | S 18° 59' 07" W 95.53 feet to a 5/8" iron pin set for an angle |
---|
1505 | 1505 | | point; |
---|
1506 | 1506 | | S 44° 19' 36" W 271.53 feet to a 5/8" iron pin set for an angle |
---|
1507 | 1507 | | point; |
---|
1508 | 1508 | | S 43° 01' 41" W 369.83 feet to a 1/2" iron pin found for an |
---|
1509 | 1509 | | angle point; |
---|
1510 | 1510 | | S 42° 33' 02" W 219.62 feet to a 1/2" iron pin found for an |
---|
1511 | 1511 | | angle point; |
---|
1512 | 1512 | | S 04° 07' 18" W 76.42 feet to a 5/8" iron pin set for an angle |
---|
1513 | 1513 | | point; |
---|
1514 | 1514 | | S 37° 56' 47" W 139.57 feet, at 79.09 feet pass a found 2" pipe |
---|
1515 | 1515 | | post, continuing to the Southwest corner of this tract; |
---|
1516 | 1516 | | THENCE: Along the center of North Salado Creek with the East |
---|
1517 | 1517 | | line of a 12.00 Acre Tract (Document #2020075231, Official Public |
---|
1518 | 1518 | | Records) and a 124.74 Acre Tract (Document #2016095553, Official |
---|
1519 | 1519 | | Public Records) and the West line of this tract as follows: |
---|
1520 | 1520 | | N 41° 03' 59" W 131.42 feet to an angle point; |
---|
1521 | 1521 | | N 11° 53' 19" W 40.63 feet to an angle point; |
---|
1522 | 1522 | | N 76° 36' 27" W 45.17 feet to an angle point; |
---|
1523 | 1523 | | N 30° 48' 05" W 126.68 feet to an angle point; |
---|
1524 | 1524 | | N 78° 57' 33" W 87.41 feet to an angle point; |
---|
1525 | 1525 | | N 12° 44' 59" E 79.02 feet to an angle point; |
---|
1526 | 1526 | | N 11° 00' 13" W 73.47 feet to an angle point; |
---|
1527 | 1527 | | S 88° 36' 10" W 82.16 feet to an angle point; |
---|
1528 | 1528 | | N 66° 02' 15" W 98.65 feet to an angle point; |
---|
1529 | 1529 | | N 06° 27' 32" W 106.86 feet to an angle point; |
---|
1530 | 1530 | | N 30° 17' 17" E 145.33 feet to an angle point; |
---|
1531 | 1531 | | N 03° 28' 06" W 75.42 feet to an angle point; |
---|
1532 | 1532 | | N 37° 44' 59" W 146.89 feet to an angle point; |
---|
1533 | 1533 | | N 63° 26' 06" W 145.44 feet to an angle point; |
---|
1534 | 1534 | | N 38° 31' 49" W 136.06 feet to an angle point; |
---|
1535 | 1535 | | N 12° 39' 09" W 86.38 feet to an angle point; |
---|
1536 | 1536 | | N 04° 05' 08" W 70.68 feet to an angle point; |
---|
1537 | 1537 | | S 86° 18' 31" W 52.15 feet to an angle point; |
---|
1538 | 1538 | | N 76° 52' 51" W 106.01 feet to an angle point; |
---|
1539 | 1539 | | N 12° 38' 00" W 83.15 feet to an angle point; |
---|
1540 | 1540 | | N 23° 29' 55" W 105.25 feet to an angle point; |
---|
1541 | 1541 | | N 10° 37' 11" E 136.64 feet to an angle point; |
---|
1542 | 1542 | | N 04° 47' 52" W 86.56 feet to an angle point; |
---|
1543 | 1543 | | N 34° 45' 21" W 139.44 feet to an angle point; |
---|
1544 | 1544 | | N 06° 54' 40" W 77.72 feet to an angle point; |
---|
1545 | 1545 | | N 17° 40' 47" E 51.12 feet to an angle point; |
---|
1546 | 1546 | | N 52° 40' 44" E 193.31 feet to an angle point; |
---|
1547 | 1547 | | N 18° 45' 31" E 85.20 feet to an angle point; |
---|
1548 | 1548 | | N 23° 41' 26" W 105.23 feet to an angle point; |
---|
1549 | 1549 | | N 86° 35' 59" W 152.93 feet to an angle point; |
---|
1550 | 1550 | | N 60° 31' 27" W 77.06 feet to an angle point; |
---|
1551 | 1551 | | N 30° 15' 23" W 81.04 feet to an angle point; |
---|
1552 | 1552 | | N 67° 37' 12" W 107.25 feet to an angle point; |
---|
1553 | 1553 | | S 79° 56' 22" W 183.67 feet to an angle point; |
---|
1554 | 1554 | | N 73° 48' 39" W 94.15 feet to an angle point; |
---|
1555 | 1555 | | S 88° 10' 54" W 91.93 feet to an angle point; |
---|
1556 | 1556 | | N 53° 44' 46" W 180.85 feet to an angle point; |
---|
1557 | 1557 | | N 74° 50' 45" W 120.88 feet to an angle point; |
---|
1558 | 1558 | | N 39° 12' 26" W 60.40 feet to the Southwest corner of said |
---|
1559 | 1559 | | 195.5 Acre Tract and the Northwest corner of this tract; |
---|
1560 | 1560 | | THENCE: N 68° 20' 39" E 1386.29 feet with the South line of |
---|
1561 | 1561 | | said 195.5 Acre Tract, at 19.37 feet pass a found 12" Pecan stump, |
---|
1562 | 1562 | | continuing along a fence to the POINT OF BEGINNING. |
---|
1563 | 1563 | | (d) BEGINNING: At a 2" pipe post found in the South line of |
---|
1564 | 1564 | | County Road 232 and the lower East line of a 649.53 Acre Tract |
---|
1565 | 1565 | | (Document # #2004074055, Official Public Records, described in |
---|
1566 | 1566 | | Volume 2520, Page 200 and Volume 2598, Page 457, Official Public |
---|
1567 | 1567 | | Records) for the Northwest corner of this tract from which a 2" pipe |
---|
1568 | 1568 | | post found in the North line of said county road for the upper |
---|
1569 | 1569 | | Southwest corner of a 1419.57 Acre Tract (this day surveyed) bears N |
---|
1570 | 1570 | | 00° 18' 48" E 56.15 feet; |
---|
1571 | 1571 | | THENCE: Along a fence with the South and West line of said |
---|
1572 | 1572 | | county road and the North and East line of this tract as follows: |
---|
1573 | 1573 | | S 83° 15' 32" E 491.41 feet to a 6" cedar post found for an |
---|
1574 | 1574 | | angle point; |
---|
1575 | 1575 | | S 71° 41' 57" E 76.53 feet to a 6" cedar post found for an angle |
---|
1576 | 1576 | | point; |
---|
1577 | 1577 | | S 48° 56' 34" E 139.44 feet to a 6" cedar post found for an |
---|
1578 | 1578 | | angle point; |
---|
1579 | 1579 | | S 19° 57' 48" E 414.71 feet to a 5" cedar post found for an |
---|
1580 | 1580 | | angle point; |
---|
1581 | 1581 | | S 41° 43' 21" E 317.47 feet to a 5" cedar post found for an |
---|
1582 | 1582 | | angle point; |
---|
1583 | 1583 | | S 49° 16' 01" E 370.58 feet to a 6" cedar post found for an |
---|
1584 | 1584 | | angle point; |
---|
1585 | 1585 | | S 32° 42' 02" E 683.73 feet to a 2" pipe post found for the |
---|
1586 | 1586 | | Southeast corner of this tract; |
---|
1587 | 1587 | | THENCE: S 68° 22' 29" W 1256.52 feet along a fence with the |
---|
1588 | 1588 | | North line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458, |
---|
1589 | 1589 | | Page 859, Deed Records) and the South line of Abstract No. 358, at |
---|
1590 | 1590 | | 1209.80 feet pass a 1/2" iron pin found by 14" Elm, continuing |
---|
1591 | 1591 | | without fence to the Northwest corner of said 195.5 Acre Tract and |
---|
1592 | 1592 | | the lower Southwest corner of this tract; |
---|
1593 | 1593 | | THENCE: Along the center of North Salado Creek with the North |
---|
1594 | 1594 | | line of a 61.80 Acre Tract (Document #2010063430, Official Public |
---|
1595 | 1595 | | Records) and the South line of this tract as follows: |
---|
1596 | 1596 | | N 02° 31' 01" W 103.87 feet to an angle point; |
---|
1597 | 1597 | | N 52° 32' 58" W 74.50 feet to an angle point; |
---|
1598 | 1598 | | N 84° 29' 40" W 104.92 feet to an angle point; |
---|
1599 | 1599 | | S 85° 34' 16" W 152.08 feet to an angle point; |
---|
1600 | 1600 | | N 80° 01' 20" W 218.89 feet to the lower Southeast corner of |
---|
1601 | 1601 | | said 649.53 Acre Tract and the Southwest corner of this tract; |
---|
1602 | 1602 | | THENCE: With the lower East line of said 649.53 Acre Tract |
---|
1603 | 1603 | | and the West line of this tract as follows: |
---|
1604 | 1604 | | N 04° 31' 03" E 649.14 feet, at 72.82 feet pass a found 2" pipe |
---|
1605 | 1605 | | post, continuing along a fence to a 12" cedar post found for an |
---|
1606 | 1606 | | angle point; |
---|
1607 | 1607 | | N 02° 28' 22" E 641.86 feet along a fence to a 2" pipe post |
---|
1608 | 1608 | | found for an angle point; |
---|
1609 | 1609 | | N 04° 10' 33" W 608.21 feet along a fence to the POINT OF |
---|
1610 | 1610 | | BEGINNING. |
---|
1611 | 1611 | | (c) If the Act enacting this section does not receive a |
---|
1612 | 1612 | | two-thirds vote of all the members elected to each house, |
---|
1613 | 1613 | | Subchapter C, Chapter 7962, Special District Local Laws Code, as |
---|
1614 | 1614 | | added by Subsection (a) of this section, is amended by adding |
---|
1615 | 1615 | | Section 7962.0308 to read as follows: |
---|
1616 | 1616 | | Sec. 7962.0308. NO EMINENT DOMAIN POWER. The district may |
---|
1617 | 1617 | | not exercise the power of eminent domain. |
---|
1618 | 1618 | | (d) Subsection (c) of this section is not intended to be an |
---|
1619 | 1619 | | expression of a legislative interpretation of the requirements of |
---|
1620 | 1620 | | Section 17(c), Article I, Texas Constitution. |
---|
1621 | 1621 | | SECTION 5. (a) Subtitle F, Title 6, Special District Local |
---|
1622 | 1622 | | Laws Code, is amended by adding Chapter 7968A to read as follows: |
---|
1623 | 1623 | | CHAPTER 7968A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT |
---|
1624 | 1624 | | NO. 236 |
---|
1625 | 1625 | | SUBCHAPTER A. GENERAL PROVISIONS |
---|
1626 | 1626 | | Sec. 7968A.0101. DEFINITIONS. In this chapter: |
---|
1627 | 1627 | | (1) "Board" means the district's board of directors. |
---|
1628 | 1628 | | (2) "Commission" means the Texas Commission on |
---|
1629 | 1629 | | Environmental Quality. |
---|
1630 | 1630 | | (3) "Director" means a board member. |
---|
1631 | 1631 | | (4) "District" means the Montgomery County Municipal |
---|
1632 | 1632 | | Utility District No. 236. |
---|
1633 | 1633 | | Sec. 7968A.0102. NATURE OF DISTRICT. The district is a |
---|
1634 | 1634 | | municipal utility district created under Section 59, Article XVI, |
---|
1635 | 1635 | | Texas Constitution. |
---|
1636 | 1636 | | Sec. 7968A.0103. CONFIRMATION AND DIRECTOR ELECTION |
---|
1637 | 1637 | | REQUIRED. The temporary directors shall hold an election to |
---|
1638 | 1638 | | confirm the creation of the district and to elect five permanent |
---|
1639 | 1639 | | directors as provided by Section 49.102, Water Code. |
---|
1640 | 1640 | | Sec. 7968A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
---|
1641 | 1641 | | temporary directors may not hold an election under Section |
---|
1642 | 1642 | | 7968A.0103 until each municipality in whose corporate limits or |
---|
1643 | 1643 | | extraterritorial jurisdiction the district is located has |
---|
1644 | 1644 | | consented by ordinance or resolution to the creation of the |
---|
1645 | 1645 | | district and to the inclusion of land in the district as required by |
---|
1646 | 1646 | | applicable law. |
---|
1647 | 1647 | | Sec. 7968A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
---|
1648 | 1648 | | (a) The district is created to serve a public purpose and benefit. |
---|
1649 | 1649 | | (b) The district is created to accomplish the purposes of: |
---|
1650 | 1650 | | (1) a municipal utility district as provided by |
---|
1651 | 1651 | | general law and Section 59, Article XVI, Texas Constitution; and |
---|
1652 | 1652 | | (2) Section 52, Article III, Texas Constitution, that |
---|
1653 | 1653 | | relate to the construction, acquisition, improvement, operation, |
---|
1654 | 1654 | | or maintenance of macadamized, graveled, or paved roads, or |
---|
1655 | 1655 | | improvements, including storm drainage, in aid of those roads. |
---|
1656 | 1656 | | Sec. 7968A.0106. INITIAL DISTRICT TERRITORY. (a) The |
---|
1657 | 1657 | | district is initially composed of the territory described by |
---|
1658 | 1658 | | Section 5(b) of the Act enacting this chapter. |
---|
1659 | 1659 | | (b) The boundaries and field notes contained in Section 5(b) |
---|
1660 | 1660 | | of the Act enacting this chapter form a closure. A mistake made in |
---|
1661 | 1661 | | the field notes or in copying the field notes in the legislative |
---|
1662 | 1662 | | process does not affect the district's: |
---|
1663 | 1663 | | (1) organization, existence, or validity; |
---|
1664 | 1664 | | (2) right to issue any type of bond for the purposes |
---|
1665 | 1665 | | for which the district is created or to pay the principal of and |
---|
1666 | 1666 | | interest on a bond; |
---|
1667 | 1667 | | (3) right to impose a tax; or |
---|
1668 | 1668 | | (4) legality or operation. |
---|
1669 | 1669 | | SUBCHAPTER B. BOARD OF DIRECTORS |
---|
1670 | 1670 | | Sec. 7968A.0201. GOVERNING BODY; TERMS. (a) The district |
---|
1671 | 1671 | | is governed by a board of five elected directors. |
---|
1672 | 1672 | | (b) Except as provided by Section 7968A.0202, directors |
---|
1673 | 1673 | | serve staggered four-year terms. |
---|
1674 | 1674 | | Sec. 7968A.0202. TEMPORARY DIRECTORS. (a) On or after the |
---|
1675 | 1675 | | effective date of the Act enacting this chapter, the owner or owners |
---|
1676 | 1676 | | of a majority of the assessed value of the real property in the |
---|
1677 | 1677 | | district may submit a petition to the commission requesting that |
---|
1678 | 1678 | | the commission appoint as temporary directors the five persons |
---|
1679 | 1679 | | named in the petition. The commission shall appoint as temporary |
---|
1680 | 1680 | | directors the five persons named in the petition. |
---|
1681 | 1681 | | (b) Temporary directors serve until the earlier of: |
---|
1682 | 1682 | | (1) the date permanent directors are elected under |
---|
1683 | 1683 | | Section 7968A.0103; or |
---|
1684 | 1684 | | (2) the fourth anniversary of the effective date of |
---|
1685 | 1685 | | the Act enacting this chapter. |
---|
1686 | 1686 | | (c) If permanent directors have not been elected under |
---|
1687 | 1687 | | Section 7968A.0103 and the terms of the temporary directors have |
---|
1688 | 1688 | | expired, successor temporary directors shall be appointed or |
---|
1689 | 1689 | | reappointed as provided by Subsection (d) to serve terms that |
---|
1690 | 1690 | | expire on the earlier of: |
---|
1691 | 1691 | | (1) the date permanent directors are elected under |
---|
1692 | 1692 | | Section 7968A.0103; or |
---|
1693 | 1693 | | (2) the fourth anniversary of the date of the |
---|
1694 | 1694 | | appointment or reappointment. |
---|
1695 | 1695 | | (d) If Subsection (c) applies, the owner or owners of a |
---|
1696 | 1696 | | majority of the assessed value of the real property in the district |
---|
1697 | 1697 | | may submit a petition to the commission requesting that the |
---|
1698 | 1698 | | commission appoint as successor temporary directors the five |
---|
1699 | 1699 | | persons named in the petition. The commission shall appoint as |
---|
1700 | 1700 | | successor temporary directors the five persons named in the |
---|
1701 | 1701 | | petition. |
---|
1702 | 1702 | | SUBCHAPTER C. POWERS AND DUTIES |
---|
1703 | 1703 | | Sec. 7968A.0301. GENERAL POWERS AND DUTIES. The district |
---|
1704 | 1704 | | has the powers and duties necessary to accomplish the purposes for |
---|
1705 | 1705 | | which the district is created. |
---|
1706 | 1706 | | Sec. 7968A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
---|
1707 | 1707 | | DUTIES. The district has the powers and duties provided by the |
---|
1708 | 1708 | | general law of this state, including Chapters 49 and 54, Water Code, |
---|
1709 | 1709 | | applicable to municipal utility districts created under Section 59, |
---|
1710 | 1710 | | Article XVI, Texas Constitution. |
---|
1711 | 1711 | | Sec. 7968A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
---|
1712 | 1712 | | Section 52, Article III, Texas Constitution, the district may |
---|
1713 | 1713 | | design, acquire, construct, finance, issue bonds for, improve, |
---|
1714 | 1714 | | operate, maintain, and convey to this state, a county, or a |
---|
1715 | 1715 | | municipality for operation and maintenance macadamized, graveled, |
---|
1716 | 1716 | | or paved roads, or improvements, including storm drainage, in aid |
---|
1717 | 1717 | | of those roads. |
---|
1718 | 1718 | | Sec. 7968A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
---|
1719 | 1719 | | road project must meet all applicable construction standards, |
---|
1720 | 1720 | | zoning and subdivision requirements, and regulations of each |
---|
1721 | 1721 | | municipality in whose corporate limits or extraterritorial |
---|
1722 | 1722 | | jurisdiction the road project is located. |
---|
1723 | 1723 | | (b) If a road project is not located in the corporate limits |
---|
1724 | 1724 | | or extraterritorial jurisdiction of a municipality, the road |
---|
1725 | 1725 | | project must meet all applicable construction standards, |
---|
1726 | 1726 | | subdivision requirements, and regulations of each county in which |
---|
1727 | 1727 | | the road project is located. |
---|
1728 | 1728 | | (c) If the state will maintain and operate the road, the |
---|
1729 | 1729 | | Texas Transportation Commission must approve the plans and |
---|
1730 | 1730 | | specifications of the road project. |
---|
1731 | 1731 | | Sec. 7968A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
---|
1732 | 1732 | | ORDINANCE OR RESOLUTION. The district shall comply with all |
---|
1733 | 1733 | | applicable requirements of any ordinance or resolution that is |
---|
1734 | 1734 | | adopted under Section 54.016 or 54.0165, Water Code, and that |
---|
1735 | 1735 | | consents to the creation of the district or to the inclusion of land |
---|
1736 | 1736 | | in the district. |
---|
1737 | 1737 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
---|
1738 | 1738 | | Sec. 7968A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
---|
1739 | 1739 | | The district may issue, without an election, bonds and other |
---|
1740 | 1740 | | obligations secured by: |
---|
1741 | 1741 | | (1) revenue other than ad valorem taxes; or |
---|
1742 | 1742 | | (2) contract payments described by Section |
---|
1743 | 1743 | | 7968A.0403. |
---|
1744 | 1744 | | (b) The district must hold an election in the manner |
---|
1745 | 1745 | | provided by Chapters 49 and 54, Water Code, to obtain voter approval |
---|
1746 | 1746 | | before the district may impose an ad valorem tax or issue bonds |
---|
1747 | 1747 | | payable from ad valorem taxes. |
---|
1748 | 1748 | | (c) The district may not issue bonds payable from ad valorem |
---|
1749 | 1749 | | taxes to finance a road project unless the issuance is approved by a |
---|
1750 | 1750 | | vote of a two-thirds majority of the district voters voting at an |
---|
1751 | 1751 | | election held for that purpose. |
---|
1752 | 1752 | | Sec. 7968A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
---|
1753 | 1753 | | authorized at an election held under Section 7968A.0401, the |
---|
1754 | 1754 | | district may impose an operation and maintenance tax on taxable |
---|
1755 | 1755 | | property in the district in accordance with Section 49.107, Water |
---|
1756 | 1756 | | Code. |
---|
1757 | 1757 | | (b) The board shall determine the tax rate. The rate may not |
---|
1758 | 1758 | | exceed the rate approved at the election. |
---|
1759 | 1759 | | Sec. 7968A.0403. CONTRACT TAXES. (a) In accordance with |
---|
1760 | 1760 | | Section 49.108, Water Code, the district may impose a tax other than |
---|
1761 | 1761 | | an operation and maintenance tax and use the revenue derived from |
---|
1762 | 1762 | | the tax to make payments under a contract after the provisions of |
---|
1763 | 1763 | | the contract have been approved by a majority of the district voters |
---|
1764 | 1764 | | voting at an election held for that purpose. |
---|
1765 | 1765 | | (b) A contract approved by the district voters may contain a |
---|
1766 | 1766 | | provision stating that the contract may be modified or amended by |
---|
1767 | 1767 | | the board without further voter approval. |
---|
1768 | 1768 | | SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
---|
1769 | 1769 | | Sec. 7968A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
---|
1770 | 1770 | | OBLIGATIONS. The district may issue bonds or other obligations |
---|
1771 | 1771 | | payable wholly or partly from ad valorem taxes, impact fees, |
---|
1772 | 1772 | | revenue, contract payments, grants, or other district money, or any |
---|
1773 | 1773 | | combination of those sources, to pay for any authorized district |
---|
1774 | 1774 | | purpose. |
---|
1775 | 1775 | | Sec. 7968A.0502. TAXES FOR BONDS. At the time the district |
---|
1776 | 1776 | | issues bonds payable wholly or partly from ad valorem taxes, the |
---|
1777 | 1777 | | board shall provide for the annual imposition of a continuing |
---|
1778 | 1778 | | direct ad valorem tax, without limit as to rate or amount, while all |
---|
1779 | 1779 | | or part of the bonds are outstanding as required and in the manner |
---|
1780 | 1780 | | provided by Sections 54.601 and 54.602, Water Code. |
---|
1781 | 1781 | | Sec. 7968A.0503. BONDS FOR ROAD PROJECTS. At the time of |
---|
1782 | 1782 | | issuance, the total principal amount of bonds or other obligations |
---|
1783 | 1783 | | issued or incurred to finance road projects and payable from ad |
---|
1784 | 1784 | | valorem taxes may not exceed one-fourth of the assessed value of the |
---|
1785 | 1785 | | real property in the district. |
---|
1786 | 1786 | | (b) Montgomery County Municipal Utility District No. 236 |
---|
1787 | 1787 | | initially includes all the territory contained in the following |
---|
1788 | 1788 | | area: |
---|
1789 | 1789 | | A 231.1123 ACRE TRACT OF LAND IN THE S. TERRY SURVEY, ABSTRACT |
---|
1790 | 1790 | | NO. 564, MONTGOMERY COUNTY, TEXAS, BEING OUT OF AND A PART OF A |
---|
1791 | 1791 | | CALLED 1,702.2 ACRE TRACT CONVEYED TO DAYAKAR PUSKOOR, TRUSTEE OF |
---|
1792 | 1792 | | 1992 GUNIGANTI CREDIT SHELTER TRUSTS, AKA THE GUNIGANTI FAMILY |
---|
1793 | 1793 | | TRUSTS AS RECORDED UNDER MONTGOMERY COUNTY CLERK'S FILE NUMBER |
---|
1794 | 1794 | | (M.C.C.F. NO.) 2019097078 (DESCRIBED UNDER M.C.C.F. NO. |
---|
1795 | 1795 | | 2012127211), THE SAID 231.1123 ACRE TRACT BEING MORE PARTICULARLY |
---|
1796 | 1796 | | DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (WITH BEARINGS BASED ON |
---|
1797 | 1797 | | THE TEXAS COORDINATE SYSTEM OF 1983, CENTRAL ZONE, AS DETERMINED BY |
---|
1798 | 1798 | | GPS MEASUREMENTS): |
---|
1799 | 1799 | | COMMENCING at a 3/4-inch iron rod found marking an angle in |
---|
1800 | 1800 | | the west line of said 1,702.2 acre tract, and the west line of a |
---|
1801 | 1801 | | called 150.00 acre tract, conveyed to TC LB Royal Pines, LP as |
---|
1802 | 1802 | | recorded under M.C.C.F. NO. 2021171601; |
---|
1803 | 1803 | | THENCE, North 03°35'35" West, along the west line of said |
---|
1804 | 1804 | | 1,702.2 acre tract, and said 150.00 acre tract, passing at a |
---|
1805 | 1805 | | distance of 10.54 feet, a found 5/8" iron rod with cap stamped |
---|
1806 | 1806 | | "TERRA", passing at a distance of 874 feet, the approximate |
---|
1807 | 1807 | | centerline of White Oak Creek, being the northwest corner of the |
---|
1808 | 1808 | | said 150.00 acre tract, continuing along the west line of said |
---|
1809 | 1809 | | 1,702.2 acre tract a total distance of 4,572.60 feet, to a 1/2" iron |
---|
1810 | 1810 | | rod found marking the northeast corner of Lot 6, Block 3, White Oak |
---|
1811 | 1811 | | Crossing Sec 4 (WOC4), map or plat thereof recorded under Cabinet |
---|
1812 | 1812 | | (Cab.) Z, Sheet (Sht.) 3640 Montgomery County Map Records |
---|
1813 | 1813 | | (M.C.M.R.), and an interior corner of said 1,702.2 acre tract, and |
---|
1814 | 1814 | | the herein described tract; |
---|
1815 | 1815 | | THENCE, South 87°08'26" West, along the north lines of said |
---|
1816 | 1816 | | WOC4, and White Oak Crossing Sec 3 (WOC3), map or plat thereof |
---|
1817 | 1817 | | recorded under Cab. Z, Sht. 2286 M.C.M.R., common with the |
---|
1818 | 1818 | | southerly line of said 1,702.2 acre tract and the herein described |
---|
1819 | 1819 | | tract, a distance of 2,132.46 feet, to a 5/8" iron rod with cap |
---|
1820 | 1820 | | stamped "HOVIS" found marking the northwest corner of Lot 19, Block |
---|
1821 | 1821 | | 5, of said WOC3; |
---|
1822 | 1822 | | THENCE, North 07°21'12" West, departing said common line, |
---|
1823 | 1823 | | over and across said WCO3, A 19.14 acre tract conveyed to Prabhakar |
---|
1824 | 1824 | | R. Guniganti as recorded under M.C.C.F. NO. 2016114018, and said |
---|
1825 | 1825 | | 1,702.2 acre tract, a distance of 4,946.84 feet, to the west line of |
---|
1826 | 1826 | | said 1,702.2 acre tract marking the southwest corner, and POINT OF |
---|
1827 | 1827 | | BEGINNING of the herein described tract; |
---|
1828 | 1828 | | THENCE, North 02°19'57" West, along the west line of said |
---|
1829 | 1829 | | 1,702.2 acre tract, passing at a distance of 7.13 feet the southerly |
---|
1830 | 1830 | | Right-Of-Way (R.O.W.) line of State Highway 99 (A.K.A. Grand |
---|
1831 | 1831 | | Parkway), as described in the agreed final judgement recorded under |
---|
1832 | 1832 | | M.C.C.F. NO. 2022115684, passing at a distance of 407.22 feet, the |
---|
1833 | 1833 | | northerly R.O.W. line of said State Highway 99, continuing a total |
---|
1834 | 1834 | | distance of 2,694.43 feet, to the northwest corner of said 1,702.2 |
---|
1835 | 1835 | | acre tract and the herein described tract; |
---|
1836 | 1836 | | THENCE, North 86°56'15" East, along the northerly line of said |
---|
1837 | 1837 | | 1,702.2 acre tract, a distance of 2,313.87 feet, to an angle in the |
---|
1838 | 1838 | | north line of said 1,702.2 acre tract and the herein described |
---|
1839 | 1839 | | tract; |
---|
1840 | 1840 | | THENCE, North 88°18'37" East, along the northerly line of said |
---|
1841 | 1841 | | 1,702.2 acre tract, a distance of 84.62 feet, to the northeast |
---|
1842 | 1842 | | corner of the herein described tract; |
---|
1843 | 1843 | | THENCE, over and across said 1,702.2 acre tract, the |
---|
1844 | 1844 | | following twenty nine (29) courses and distances: |
---|
1845 | 1845 | | South 01°34'11" East, a distance of 523.07 feet, to an angle |
---|
1846 | 1846 | | in the east line of the herein described tract; |
---|
1847 | 1847 | | South 88°20'05" East, a distance of 320.48 feet, to an angle |
---|
1848 | 1848 | | in the east line of the herein described tract; |
---|
1849 | 1849 | | South 72°57'20" East, a distance of 524.04 feet, to an angle |
---|
1850 | 1850 | | in the east line of the herein described tract; |
---|
1851 | 1851 | | South 55°07'09" East, a distance of 242.85 feet, to an angle |
---|
1852 | 1852 | | in the east line of the herein described tract; |
---|
1853 | 1853 | | South 26°44'17" East, a distance of 274.37 feet, to an angle |
---|
1854 | 1854 | | in the east line of the herein described tract; |
---|
1855 | 1855 | | South 34°39'23" East, a distance of 466.61 feet, to an angle |
---|
1856 | 1856 | | in the east line of the herein described tract; |
---|
1857 | 1857 | | South 29°43'18" East, a distance of 94.04 feet, to an angle in |
---|
1858 | 1858 | | the east line of the herein described tract; |
---|
1859 | 1859 | | South 03°45'41" West, a distance of 196.73 feet, to an angle |
---|
1860 | 1860 | | in the east line of the herein described tract; |
---|
1861 | 1861 | | South 27°52'41" East, a distance of 382.54 feet, to an angle |
---|
1862 | 1862 | | in the east line of the herein described tract; |
---|
1863 | 1863 | | South 29°14'09" East, a distance of 98.06 feet, to an angle in |
---|
1864 | 1864 | | the east line of the herein described tract; |
---|
1865 | 1865 | | South 18°42'01" West, a distance of 156.58 feet, to an angle |
---|
1866 | 1866 | | in the east line of the herein described tract; |
---|
1867 | 1867 | | South 45°05'06" West, a distance of 138.46 feet, to an angle |
---|
1868 | 1868 | | in the east line of the herein described tract; |
---|
1869 | 1869 | | South 72°00'22" West, a distance of 171.11 feet, to an angle |
---|
1870 | 1870 | | in the east line of the herein described tract; |
---|
1871 | 1871 | | South 64°09'37" West, a distance of 133.85 feet, to the |
---|
1872 | 1872 | | beginning of a curve to the right; |
---|
1873 | 1873 | | In a southwesterly direction, along said curve to the right, |
---|
1874 | 1874 | | having a radius of 3,014.66 feet, a central angle of 01°26'03" |
---|
1875 | 1875 | | (chord bears South 64°04'47" West, 75.45 feet) and an arc distance |
---|
1876 | 1876 | | of 75.45 feet, to the beginning of a reverse curve to the left; |
---|
1877 | 1877 | | In a southwesterly direction, along said reverse curve to the |
---|
1878 | 1878 | | left, having a radius of 100.00 feet, a central angle of 13°17'38" |
---|
1879 | 1879 | | (chord bears South 57°47'21" West, 23.15 feet) and an arc distance |
---|
1880 | 1880 | | of 23.20 feet, to the beginning of a reverse curve to the right; |
---|
1881 | 1881 | | In a southwesterly direction, along said reverse curve to the |
---|
1882 | 1882 | | right, having a radius of 500.00 feet, a central angle of 12°42'15" |
---|
1883 | 1883 | | (chord bears South 57°29'40" West, 110.64 feet) and an arc distance |
---|
1884 | 1884 | | of 110.86 feet, to the beginning of a reverse curve to the left; |
---|
1885 | 1885 | | In a southwesterly direction, along said reverse curve to the |
---|
1886 | 1886 | | left, having a radius of 100.00 feet, a central angle of 07°23'59" |
---|
1887 | 1887 | | (chord bears South 60°08'48" West, 12.91 feet) and an arc distance |
---|
1888 | 1888 | | of 12.92 feet, to the beginning of a reverse curve to the right; |
---|
1889 | 1889 | | In a southwesterly direction, along said reverse curve to the |
---|
1890 | 1890 | | right, having a radius of 100.00 feet, a central angle of 23°30'02" |
---|
1891 | 1891 | | (chord bears South 68°11'50" West, 40.73 feet) and an arc distance |
---|
1892 | 1892 | | of 41.02 feet, to the point of tangency; |
---|
1893 | 1893 | | South 79°56'51" West, a distance of 52.57 feet, to the |
---|
1894 | 1894 | | beginning of a curve to the right; |
---|
1895 | 1895 | | In a westerly direction, along said curve to the right, |
---|
1896 | 1896 | | having a radius of 100.00 feet, a central angle of 24°12'11" (chord |
---|
1897 | 1897 | | bears North 87°57'04" West, 41.93 feet) and an arc distance of 42.24 |
---|
1898 | 1898 | | feet, to the point of compound curvature; |
---|
1899 | 1899 | | In a northwesterly direction, along said compound curve to |
---|
1900 | 1900 | | the right, having a radius of 500.00 feet, a central angle of |
---|
1901 | 1901 | | 01°07'37" (chord bears North 75°17'10" West, 9.83 feet) and an arc |
---|
1902 | 1902 | | distance of 9.83 feet, to the point of reverse curvature; |
---|
1903 | 1903 | | In a southwesterly direction, along said reverse curve to the |
---|
1904 | 1904 | | left, having a radius of 100.00 feet, a central angle of 59°15'48" |
---|
1905 | 1905 | | (chord bears South 75°38'44" West, 98.88 feet) and an arc distance |
---|
1906 | 1906 | | of 103.43 feet, to the point of tangency; |
---|
1907 | 1907 | | South 46°00'50" West, a distance of 240.66 feet, to an angle |
---|
1908 | 1908 | | in the southerly line of the herein described tract; |
---|
1909 | 1909 | | North 47°45'22" West, a distance of 351.90 feet, to the |
---|
1910 | 1910 | | beginning of a curve to the right; |
---|
1911 | 1911 | | In a northwesterly direction, along said curve to the right, |
---|
1912 | 1912 | | having a radius of 1,250.00 feet, a central angle of 01°33'58" |
---|
1913 | 1913 | | (chord bears North 46°58'23" West, 34.17 feet) and an arc distance |
---|
1914 | 1914 | | of 34.17 feet, to the point of tangency; |
---|
1915 | 1915 | | South 53°50'57" West, a distance of 302.10 feet, to the |
---|
1916 | 1916 | | beginning of a curve to the left; |
---|
1917 | 1917 | | In a southwesterly direction, along said curve to the left, |
---|
1918 | 1918 | | having a radius of 2,000.00 feet, a central angle of 17°35'11" |
---|
1919 | 1919 | | (chord bears South 45°03'21" West, 611.48 feet) and an arc distance |
---|
1920 | 1920 | | of 613.89 feet, to the point of tangency; |
---|
1921 | 1921 | | South 36°15'45" West, a distance of 406.05 feet, to an angle |
---|
1922 | 1922 | | in the southerly line of the herein described tract; |
---|
1923 | 1923 | | THENCE, North 68°09'29" West, a distance of 1,868.05 feet, to |
---|
1924 | 1924 | | the POINT OF BEGINNING, and containing 231.1123 acres of land. |
---|
1925 | 1925 | | (c) If the Act enacting this section does not receive a |
---|
1926 | 1926 | | two-thirds vote of all the members elected to each house, |
---|
1927 | 1927 | | Subchapter C, Chapter 7968A, Special District Local Laws Code, as |
---|
1928 | 1928 | | added by Subsection (a) of this section, is amended by adding |
---|
1929 | 1929 | | Section 7968A.0306 to read as follows: |
---|
1930 | 1930 | | Sec. 7968A.0306. NO EMINENT DOMAIN POWER. The district may |
---|
1931 | 1931 | | not exercise the power of eminent domain. |
---|
1932 | 1932 | | (d) Subsection (c) of this section is not intended to be an |
---|
1933 | 1933 | | expression of a legislative interpretation of the requirements of |
---|
1934 | 1934 | | Section 17(c), Article I, Texas Constitution. |
---|
1935 | 1935 | | SECTION 6. (a) Subtitle F, Title 6, Special District Local |
---|
1936 | 1936 | | Laws Code, is amended by adding Chapter 8010A to read as follows: |
---|
1937 | 1937 | | CHAPTER 8010A. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 49 |
---|
1938 | 1938 | | SUBCHAPTER A. GENERAL PROVISIONS |
---|
1939 | 1939 | | Sec. 8010A.0101. DEFINITIONS. In this chapter: |
---|
1940 | 1940 | | (1) "Board" means the district's board of directors. |
---|
1941 | 1941 | | (2) "Commission" means the Texas Commission on |
---|
1942 | 1942 | | Environmental Quality. |
---|
1943 | 1943 | | (3) "Director" means a board member. |
---|
1944 | 1944 | | (4) "District" means the Williamson County Municipal |
---|
1945 | 1945 | | Utility District No. 49. |
---|
1946 | 1946 | | Sec. 8010A.0102. NATURE OF DISTRICT. The district is a |
---|
1947 | 1947 | | municipal utility district created under Section 59, Article XVI, |
---|
1948 | 1948 | | Texas Constitution. |
---|
1949 | 1949 | | Sec. 8010A.0103. CONFIRMATION AND DIRECTOR ELECTION |
---|
1950 | 1950 | | REQUIRED. The temporary directors shall hold an election to |
---|
1951 | 1951 | | confirm the creation of the district and to elect five permanent |
---|
1952 | 1952 | | directors as provided by Section 49.102, Water Code. |
---|
1953 | 1953 | | Sec. 8010A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
---|
1954 | 1954 | | temporary directors may not hold an election under Section |
---|
1955 | 1955 | | 8010A.0103 until each municipality in whose corporate limits or |
---|
1956 | 1956 | | extraterritorial jurisdiction the district is located has |
---|
1957 | 1957 | | consented by ordinance or resolution to the creation of the |
---|
1958 | 1958 | | district and to the inclusion of land in the district as required by |
---|
1959 | 1959 | | applicable law. |
---|
1960 | 1960 | | Sec. 8010A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
---|
1961 | 1961 | | (a) The district is created to serve a public purpose and benefit. |
---|
1962 | 1962 | | (b) The district is created to accomplish the purposes of: |
---|
1963 | 1963 | | (1) a municipal utility district as provided by |
---|
1964 | 1964 | | general law and Section 59, Article XVI, Texas Constitution; and |
---|
1965 | 1965 | | (2) Section 52, Article III, Texas Constitution, that |
---|
1966 | 1966 | | relate to the construction, acquisition, improvement, operation, |
---|
1967 | 1967 | | or maintenance of macadamized, graveled, or paved roads, or |
---|
1968 | 1968 | | improvements, including storm drainage, in aid of those roads. |
---|
1969 | 1969 | | Sec. 8010A.0106. INITIAL DISTRICT TERRITORY. (a) The |
---|
1970 | 1970 | | district is initially composed of the territory described by |
---|
1971 | 1971 | | Section 6(b) of the Act enacting this chapter. |
---|
1972 | 1972 | | (b) The boundaries and field notes contained in Section 6(b) |
---|
1973 | 1973 | | of the Act enacting this chapter form a closure. A mistake made in |
---|
1974 | 1974 | | the field notes or in copying the field notes in the legislative |
---|
1975 | 1975 | | process does not affect the district's: |
---|
1976 | 1976 | | (1) organization, existence, or validity; |
---|
1977 | 1977 | | (2) right to issue any type of bond for the purposes |
---|
1978 | 1978 | | for which the district is created or to pay the principal of and |
---|
1979 | 1979 | | interest on a bond; |
---|
1980 | 1980 | | (3) right to impose a tax; or |
---|
1981 | 1981 | | (4) legality or operation. |
---|
1982 | 1982 | | SUBCHAPTER B. BOARD OF DIRECTORS |
---|
1983 | 1983 | | Sec. 8010A.0201. GOVERNING BODY; TERMS. (a) The district |
---|
1984 | 1984 | | is governed by a board of five elected directors. |
---|
1985 | 1985 | | (b) Except as provided by Section 8010A.0202, directors |
---|
1986 | 1986 | | serve staggered four-year terms. |
---|
1987 | 1987 | | Sec. 8010A.0202. TEMPORARY DIRECTORS. (a) The temporary |
---|
1988 | 1988 | | board consists of: |
---|
1989 | 1989 | | (1) Mark Tickner; |
---|
1990 | 1990 | | (2) Nick Easley; |
---|
1991 | 1991 | | (3) Walter Duke; |
---|
1992 | 1992 | | (4) Zachary Summers; and |
---|
1993 | 1993 | | (5) Noah Terrazas. |
---|
1994 | 1994 | | (b) Temporary directors serve until the earlier of: |
---|
1995 | 1995 | | (1) the date permanent directors are elected under |
---|
1996 | 1996 | | Section 8010A.0103; or |
---|
1997 | 1997 | | (2) the fourth anniversary of the effective date of |
---|
1998 | 1998 | | the Act enacting this chapter. |
---|
1999 | 1999 | | (c) If permanent directors have not been elected under |
---|
2000 | 2000 | | Section 8010A.0103 and the terms of the temporary directors have |
---|
2001 | 2001 | | expired, successor temporary directors shall be appointed or |
---|
2002 | 2002 | | reappointed as provided by Subsection (d) to serve terms that |
---|
2003 | 2003 | | expire on the earlier of: |
---|
2004 | 2004 | | (1) the date permanent directors are elected under |
---|
2005 | 2005 | | Section 8010A.0103; or |
---|
2006 | 2006 | | (2) the fourth anniversary of the date of the |
---|
2007 | 2007 | | appointment or reappointment. |
---|
2008 | 2008 | | (d) If Subsection (c) applies, the owner or owners of a |
---|
2009 | 2009 | | majority of the assessed value of the real property in the district |
---|
2010 | 2010 | | may submit a petition to the commission requesting that the |
---|
2011 | 2011 | | commission appoint as successor temporary directors the five |
---|
2012 | 2012 | | persons named in the petition. The commission shall appoint as |
---|
2013 | 2013 | | successor temporary directors the five persons named in the |
---|
2014 | 2014 | | petition. |
---|
2015 | 2015 | | SUBCHAPTER C. POWERS AND DUTIES |
---|
2016 | 2016 | | Sec. 8010A.0301. GENERAL POWERS AND DUTIES. The district |
---|
2017 | 2017 | | has the powers and duties necessary to accomplish the purposes for |
---|
2018 | 2018 | | which the district is created. |
---|
2019 | 2019 | | Sec. 8010A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
---|
2020 | 2020 | | DUTIES. The district has the powers and duties provided by the |
---|
2021 | 2021 | | general law of this state, including Chapters 49 and 54, Water Code, |
---|
2022 | 2022 | | applicable to municipal utility districts created under Section 59, |
---|
2023 | 2023 | | Article XVI, Texas Constitution. |
---|
2024 | 2024 | | Sec. 8010A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
---|
2025 | 2025 | | Section 52, Article III, Texas Constitution, the district may |
---|
2026 | 2026 | | design, acquire, construct, finance, issue bonds for, improve, |
---|
2027 | 2027 | | operate, maintain, and convey to this state, a county, or a |
---|
2028 | 2028 | | municipality for operation and maintenance macadamized, graveled, |
---|
2029 | 2029 | | or paved roads, or improvements, including storm drainage, in aid |
---|
2030 | 2030 | | of those roads. |
---|
2031 | 2031 | | Sec. 8010A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
---|
2032 | 2032 | | road project must meet all applicable construction standards, |
---|
2033 | 2033 | | zoning and subdivision requirements, and regulations of each |
---|
2034 | 2034 | | municipality in whose corporate limits or extraterritorial |
---|
2035 | 2035 | | jurisdiction the road project is located. |
---|
2036 | 2036 | | (b) If a road project is not located in the corporate limits |
---|
2037 | 2037 | | or extraterritorial jurisdiction of a municipality, the road |
---|
2038 | 2038 | | project must meet all applicable construction standards, |
---|
2039 | 2039 | | subdivision requirements, and regulations of each county in which |
---|
2040 | 2040 | | the road project is located. |
---|
2041 | 2041 | | (c) If the state will maintain and operate the road, the |
---|
2042 | 2042 | | Texas Transportation Commission must approve the plans and |
---|
2043 | 2043 | | specifications of the road project. |
---|
2044 | 2044 | | Sec. 8010A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
---|
2045 | 2045 | | ORDINANCE OR RESOLUTION. The district shall comply with all |
---|
2046 | 2046 | | applicable requirements of any ordinance or resolution that is |
---|
2047 | 2047 | | adopted under Section 54.016 or 54.0165, Water Code, and that |
---|
2048 | 2048 | | consents to the creation of the district or to the inclusion of land |
---|
2049 | 2049 | | in the district. |
---|
2050 | 2050 | | SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
---|
2051 | 2051 | | Sec. 8010A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
---|
2052 | 2052 | | The district may issue, without an election, bonds and other |
---|
2053 | 2053 | | obligations secured by: |
---|
2054 | 2054 | | (1) revenue other than ad valorem taxes; or |
---|
2055 | 2055 | | (2) contract payments described by Section |
---|
2056 | 2056 | | 8010A.0403. |
---|
2057 | 2057 | | (b) The district must hold an election in the manner |
---|
2058 | 2058 | | provided by Chapters 49 and 54, Water Code, to obtain voter approval |
---|
2059 | 2059 | | before the district may impose an ad valorem tax or issue bonds |
---|
2060 | 2060 | | payable from ad valorem taxes. |
---|
2061 | 2061 | | (c) The district may not issue bonds payable from ad valorem |
---|
2062 | 2062 | | taxes to finance a road project unless the issuance is approved by a |
---|
2063 | 2063 | | vote of a two-thirds majority of the district voters voting at an |
---|
2064 | 2064 | | election held for that purpose. |
---|
2065 | 2065 | | Sec. 8010A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
---|
2066 | 2066 | | authorized at an election held under Section 8010A.0401, the |
---|
2067 | 2067 | | district may impose an operation and maintenance tax on taxable |
---|
2068 | 2068 | | property in the district in accordance with Section 49.107, Water |
---|
2069 | 2069 | | Code. |
---|
2070 | 2070 | | (b) The board shall determine the tax rate. The rate may not |
---|
2071 | 2071 | | exceed the rate approved at the election. |
---|
2072 | 2072 | | Sec. 8010A.0403. CONTRACT TAXES. (a) In accordance with |
---|
2073 | 2073 | | Section 49.108, Water Code, the district may impose a tax other than |
---|
2074 | 2074 | | an operation and maintenance tax and use the revenue derived from |
---|
2075 | 2075 | | the tax to make payments under a contract after the provisions of |
---|
2076 | 2076 | | the contract have been approved by a majority of the district voters |
---|
2077 | 2077 | | voting at an election held for that purpose. |
---|
2078 | 2078 | | (b) A contract approved by the district voters may contain a |
---|
2079 | 2079 | | provision stating that the contract may be modified or amended by |
---|
2080 | 2080 | | the board without further voter approval. |
---|
2081 | 2081 | | SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
---|
2082 | 2082 | | Sec. 8010A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
---|
2083 | 2083 | | OBLIGATIONS. The district may issue bonds or other obligations |
---|
2084 | 2084 | | payable wholly or partly from ad valorem taxes, impact fees, |
---|
2085 | 2085 | | revenue, contract payments, grants, or other district money, or any |
---|
2086 | 2086 | | combination of those sources, to pay for any authorized district |
---|
2087 | 2087 | | purpose. |
---|
2088 | 2088 | | Sec. 8010A.0502. TAXES FOR BONDS. At the time the district |
---|
2089 | 2089 | | issues bonds payable wholly or partly from ad valorem taxes, the |
---|
2090 | 2090 | | board shall provide for the annual imposition of a continuing |
---|
2091 | 2091 | | direct ad valorem tax, without limit as to rate or amount, while all |
---|
2092 | 2092 | | or part of the bonds are outstanding as required and in the manner |
---|
2093 | 2093 | | provided by Sections 54.601 and 54.602, Water Code. |
---|
2094 | 2094 | | Sec. 8010A.0503. BONDS FOR ROAD PROJECTS. At the time of |
---|
2095 | 2095 | | issuance, the total principal amount of bonds or other obligations |
---|
2096 | 2096 | | issued or incurred to finance road projects and payable from ad |
---|
2097 | 2097 | | valorem taxes may not exceed one-fourth of the assessed value of the |
---|
2098 | 2098 | | real property in the district. |
---|
2099 | 2099 | | (b) The Williamson County Municipal Utility District No. 49 |
---|
2100 | 2100 | | initially includes all the territory contained in the following |
---|
2101 | 2101 | | area: |
---|
2102 | 2102 | | TRACT 1: |
---|
2103 | 2103 | | A 59.891 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS |
---|
2104 | 2104 | | SURVEY, SECTION NO. 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY, |
---|
2105 | 2105 | | TEXAS, BEING OUT OF A CALLED 60.57 ACRE TRACT CONVEYED TO LETTS |
---|
2106 | 2106 | | FAMILY TRUST BY INSTRUMENT RECORDED IN VOLUME 528, PAGE 376 OF THE |
---|
2107 | 2107 | | DEED RECORDS OF WILLIAMSON COUNTY, TEXAS A 59.891 ACRE TRACT OF LAND |
---|
2108 | 2108 | | SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO. 23, ABSTRACT NO. |
---|
2109 | 2109 | | 172, IN WILLIAMSON COUNTY, TEXAS, BEING OUT OF A CALLED 60.57 ACRE |
---|
2110 | 2110 | | TRACT CONVEYED TO LETTS FAMILY TRUST BY INSTRUMENT RECORDED IN |
---|
2111 | 2111 | | VOLUME 528, PAGE 376 OF THE DEED RECORDS OF WILLIAMSON COUNTY, |
---|
2112 | 2112 | | TEXAS. SAID 59.891 ACRE TRACT BEING MORE FULLY DESCRIBED AS |
---|
2113 | 2113 | | FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM |
---|
2114 | 2114 | | ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF |
---|
2115 | 2115 | | 1983 NAD 83 (NA2011) EPOCH 2010.00.: |
---|
2116 | 2116 | | BEGINNING at a 1/2" iron rod found in the west right-of-way |
---|
2117 | 2117 | | line of County Road 308, said point being the northeast corner of |
---|
2118 | 2118 | | said 60.57-acre tract, for the northeast corner and POINT OF |
---|
2119 | 2119 | | BEGINNING hereof; |
---|
2120 | 2120 | | THENCE S 20°52'36" E, with the west right-of-way line of said |
---|
2121 | 2121 | | County Road 308, same being the east boundary line of said |
---|
2122 | 2122 | | 60.57-acre tract, a distance of 2045.72 feet to a 1/2" iron rod with |
---|
2123 | 2123 | | yellow cap marked "Pape-Dawson" set in the north right-of-way line |
---|
2124 | 2124 | | of County Road 305, same being the north boundary line of a called |
---|
2125 | 2125 | | 0.5039 acre tract of land conveyed to Williamson County, Texas by |
---|
2126 | 2126 | | instrument recorded in Document No. 9820041 of the Official Public |
---|
2127 | 2127 | | Records of said County, for the southeast corner hereof; |
---|
2128 | 2128 | | THENCE S 68°212'37" W, with the north boundary line of said |
---|
2129 | 2129 | | 0.5039-acre tract, same being the north right-of-way line of said |
---|
2130 | 2130 | | County Road 305, through the interior of said 60.57-acre tract, a |
---|
2131 | 2131 | | distance of 1258.78 feet to a 1/2" iron rod found on a point in the |
---|
2132 | 2132 | | east boundary line of a called 3.92-acre tract of land conveyed to |
---|
2133 | 2133 | | Gary R. Sheley and Rosita R. Sheley, by instrument recorded in |
---|
2134 | 2134 | | Document No. 2009090657 of said Official Public Records, same being |
---|
2135 | 2135 | | the west boundary line of said 60.57-acre tract, for the southwest |
---|
2136 | 2136 | | corner hereof; |
---|
2137 | 2137 | | THENCE N 21°39'56" W, departing the north right-of-way line of |
---|
2138 | 2138 | | said County Road 305, with, in part, the east boundary lines of: |
---|
2139 | 2139 | | said 3.92-acre tract, a called 10.00-acre tract of land conveyed to |
---|
2140 | 2140 | | Dudley K. Bukowsky and Tami Bukowsky by instrument recorded in |
---|
2141 | 2141 | | Document No. 2008016420 of said Official Public Records, Lot 5, |
---|
2142 | 2142 | | Bukowsky Subdivision, recorded in Document No. 2019064044 of said |
---|
2143 | 2143 | | Official Public Records, a called 10.51-acre tract of land conveyed |
---|
2144 | 2144 | | to Kerry Conaway, Jr., by instrument recorded in Document |
---|
2145 | 2145 | | No. 2006005509 of said Official Public Records and a called |
---|
2146 | 2146 | | 10.51-acre tract of land conveyed to Darral Henderson and Elaine |
---|
2147 | 2147 | | Henderson by instrument recorded in Document No. 2006032860 of said |
---|
2148 | 2148 | | Official Public Records, a distance of 2053.57 feet to a 1/2" iron |
---|
2149 | 2149 | | rod with yellow cap marked "Pape-Dawson" set, for the southwest |
---|
2150 | 2150 | | corner of a called 60.99-acre tract of land conveyed to Wayne E. |
---|
2151 | 2151 | | Cavalier and Cyndi Pietan Cavalier, by instrument recorded in |
---|
2152 | 2152 | | Document No. 2012099245 of said Official Public Records, for the |
---|
2153 | 2153 | | northwest corner hereof; |
---|
2154 | 2154 | | THENCE N 68°48'58" E, with the south boundary line of said |
---|
2155 | 2155 | | 60.99-acre tract, same being the north boundary line of said |
---|
2156 | 2156 | | 60.57-acre tract, a distance of 1286.98 feet to the POINT OF |
---|
2157 | 2157 | | BEGINNING and containing 59.891 acres of land in Williamson County, |
---|
2158 | 2158 | | Texas. Said tract being described in accordance with a survey |
---|
2159 | 2159 | | prepared by Pape Dawson Engineers, Inc. under Job No. 51303-00. |
---|
2160 | 2160 | | TRACT 2: |
---|
2161 | 2161 | | A 110.720 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS |
---|
2162 | 2162 | | SURVEY, SECTION NO. 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY, |
---|
2163 | 2163 | | TEXAS. BEING ALL OF A CALLED 113 ACRE TRACT CONVEYED TO LETTS FAMILY |
---|
2164 | 2164 | | TRUST BY INSTRUMENT RECORDED IN VOLUME 486, PAGE 442 OF THE DEED |
---|
2165 | 2165 | | RECORDS OF WILLIAMSON COUNTY, TEXAS, A 110.720 ACRE TRACT OF LAND |
---|
2166 | 2166 | | SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO. 23, ABSTRACT NO. |
---|
2167 | 2167 | | 172, IN WILLIAMSON COUNTY, TEXAS. BEING ALL OF A CALLED 113 ACRE |
---|
2168 | 2168 | | TRACT CONVEYED TO LETTS FAMILY TRUST BY INSTRUMENT RECORDED IN |
---|
2169 | 2169 | | VOLUME 486, PAGE 442 OF THE DEED RECORDS OF WILLIAMSON COUNTY, |
---|
2170 | 2170 | | TEXAS, SAID 110.720 ACRE TRACT BEING MORE FULLY DESCRIBED AS |
---|
2171 | 2171 | | FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM |
---|
2172 | 2172 | | ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF |
---|
2173 | 2173 | | 1983 NAD 83 (NA2011) EPOCH 2010.00.: |
---|
2174 | 2174 | | BEGINNING at a 1/2" iron rod with yellow cap marked |
---|
2175 | 2175 | | "Pape-Dawson" set in the east right-of-way line of County Road 308, |
---|
2176 | 2176 | | said point being the northwest corner of a called 169.5 acre tract |
---|
2177 | 2177 | | of land conveyed to R.D. Hopper and Margaret Hopper Letts by |
---|
2178 | 2178 | | instrument recorded in Volume 478, Page 349 of said Deed Records, |
---|
2179 | 2179 | | same being the southwest corner of said 113 acre tract, for the |
---|
2180 | 2180 | | southeast corner and POINT OF BEGINNING hereof; |
---|
2181 | 2181 | | THENCE N 21°22'58" W, with the east right-of-way line of said |
---|
2182 | 2182 | | County Road 308, same being the west boundary line of said 113-acre |
---|
2183 | 2183 | | tract, a distance of 2048.33 feet to a 5/8" iron rod found for the |
---|
2184 | 2184 | | southwest corner of a called 17.0 acre tract of land conveyed to |
---|
2185 | 2185 | | Gertrude Ann Braband by instrument recorded in Document |
---|
2186 | 2186 | | No. 2016033164 of the Official Public Records of said County, same |
---|
2187 | 2187 | | being the northwest corner of said 113-acre tract, for the |
---|
2188 | 2188 | | northwest corner hereof; |
---|
2189 | 2189 | | THENCE N 69°02'46" E, departing the east right-of-way line of |
---|
2190 | 2190 | | said County Road 308, with the south boundary line of said 17.0 acre |
---|
2191 | 2191 | | tract, same being the north boundary line of said 113 acre tract, |
---|
2192 | 2192 | | for a distance of 1268.96 feet to a 5/8" iron rod found for the |
---|
2193 | 2193 | | southeast corner of said 17.0 acre tract, same being an interior ell |
---|
2194 | 2194 | | corner in said 113 acre tract, for an ell corner hereof; |
---|
2195 | 2195 | | THENCE N 21°00'19" W, with the east boundary line of said 17.0 |
---|
2196 | 2196 | | acre tract, same being a west boundary line of said 113 acre tract, |
---|
2197 | 2197 | | a distance of 582.80 feet to a 1/2" iron rod found for the southwest |
---|
2198 | 2198 | | corner of a called 64.797 acre tract of land conveyed to Jose G. |
---|
2199 | 2199 | | Garcia, by instrument recorded in Document No. 2017005987 of said |
---|
2200 | 2200 | | Official Public records, same being the southeast corner of called |
---|
2201 | 2201 | | 10.789 acre tract of land conveyed to the Belinda Ramsey Living |
---|
2202 | 2202 | | Trust, by instrument recorded in Document No. 2019022035 of said |
---|
2203 | 2203 | | Official Public Records, same being the northeast corner of said |
---|
2204 | 2204 | | 17.0 acre tract, also being the northernmost northwest corner of |
---|
2205 | 2205 | | said 113 acre tract, for the northernmost northwest hereof; |
---|
2206 | 2206 | | THENCE N 68°21'45" E, with the south boundary line of said |
---|
2207 | 2207 | | 64.797 acre tract, same being the north boundary line of said 113 |
---|
2208 | 2208 | | acre tract, a distance of 993.87 feet to a 1/2" iron rod found being |
---|
2209 | 2209 | | the northwest corner of a called 177.5 acre tract of land conveyed |
---|
2210 | 2210 | | to Charles D. Tonn and Ronald D. Tonn by instrument recorded in |
---|
2211 | 2211 | | Document No. 9601061 of said Official Public Records, same being |
---|
2212 | 2212 | | the north east corner of said 113-acre tract, for the northeast |
---|
2213 | 2213 | | corner hereof: |
---|
2214 | 2214 | | THENCE S 21°08'10" E, departing the south boundary line of |
---|
2215 | 2215 | | said 64.797 acre tract, with the west boundary line of said 177.5 |
---|
2216 | 2216 | | acre tract, same being the east boundary line of said 113 acre |
---|
2217 | 2217 | | tract, a distance of 2244.92 feet to a 1/2" iron rod with yellow cap |
---|
2218 | 2218 | | marked "Pape-Dawson" set in the north boundary line of said 169.5 |
---|
2219 | 2219 | | acre tract, said point being the southwest corner of said 177.5 acre |
---|
2220 | 2220 | | tract, same being the southeast corner of said 113 acre tract, for |
---|
2221 | 2221 | | the southeast corner hereof; |
---|
2222 | 2222 | | THENCE with the north boundary line of said 169.5 acre tract, |
---|
2223 | 2223 | | same being the south boundary line of said 113 acre tract, the |
---|
2224 | 2224 | | following three (3) courses and distances: |
---|
2225 | 2225 | | 1. S 68°41'10" W, a distance of 982.01 feet to a 1/2" iron rod |
---|
2226 | 2226 | | with yellow cap marked "Pape-Dawson" set for an angle point hereof, |
---|
2227 | 2227 | | 2. S 21°25'27" E, a distance of 386.24 feet to a 1/2" iron rod |
---|
2228 | 2228 | | with yellow cap marked "Pape-Dawson" set for an angle point hereof, |
---|
2229 | 2229 | | and |
---|
2230 | 2230 | | 3. S 68°47'37" W, a distance of 1275.22 feet to the POINT OF |
---|
2231 | 2231 | | BEGINNING and containing 110.720 acres of land in Williamson |
---|
2232 | 2232 | | County, Texas. Said tract being described in accordance with a |
---|
2233 | 2233 | | survey prepared by Pape Dawson Engineers, Inc. under Job |
---|
2234 | 2234 | | No. 51303-00. |
---|
2235 | 2235 | | TRACT 3: |
---|
2236 | 2236 | | A 172.890 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS |
---|
2237 | 2237 | | SURVEY, SECTION 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY, TEXAS, |
---|
2238 | 2238 | | BEING ALL OF A CALLED 169.5 ACRE TRACT CONVEYED TO R.D. HOPPER AND |
---|
2239 | 2239 | | MARGARET HOPPER LETT BY A 172.890 ACRE TRACT OF LAND SITUATED IN THE |
---|
2240 | 2240 | | ELISHA DAVIS SURVEY, SECTION 23, ABSTRACT NO. 172, IN WILLIAMSON |
---|
2241 | 2241 | | COUNTY, TEXAS. BEING ALL OF A CALLED 169.5 ACRE TRACT CONVEYED TO |
---|
2242 | 2242 | | R.D. HOPPER AND MARGARET HOPPER LETT BY INSTRUMENT RECORDED IN |
---|
2243 | 2243 | | VOLUME 478, PAGE 349 OF THE DEED RECORDS OF WILLIAMSON COUNTY, |
---|
2244 | 2244 | | TEXAS. SAID 172.890 ACRE TRACT BEING MORE FULLY DESCRIBED AS |
---|
2245 | 2245 | | FOLLOWS, WITH BEARINGS BASED ON THE TEXAS COORDINATE SYSTEM |
---|
2246 | 2246 | | ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH AMERICAN DATUM OF |
---|
2247 | 2247 | | 1983 NAD 83 (NA2011) EPOCH 2010.00.: |
---|
2248 | 2248 | | COMMENCING at a 60D nail found in the north right-of-way line |
---|
2249 | 2249 | | of County Road 305, same being the southeast corner of a called 0.58 |
---|
2250 | 2250 | | acre tract of land conveyed to Dewey Roger Blackman by instrument |
---|
2251 | 2251 | | recorded in Volume 742, Page 777 of said Deed Records, also being |
---|
2252 | 2252 | | the southwest corner of a called 47.5 acre tract recorded in Volume |
---|
2253 | 2253 | | 734, Page 931 of said Deed Records; |
---|
2254 | 2254 | | THENCE S 68°58'06" W, departing the west boundary line of said |
---|
2255 | 2255 | | 47.5 acre tract, with the north right-of-way line of said County |
---|
2256 | 2256 | | Road 305, same being the south boundary line of said 0.58 acre |
---|
2257 | 2257 | | tract, a distance of 110.09 feet to a 1/2" iron rod with yellow cap |
---|
2258 | 2258 | | marked "Pape-Dawson" set on the southwest corner of said 0.58 acre |
---|
2259 | 2259 | | tract, same being the southeast corner of said 169.5 acre tract, for |
---|
2260 | 2260 | | the southeast corner and POINT OF BEGINNING hereof; |
---|
2261 | 2261 | | THENCE S 68°58'06" W, continuing with the north right-of-way |
---|
2262 | 2262 | | line of said County Road 305, and in part, crossing through the |
---|
2263 | 2263 | | right-of-way of County Road 308, same being the south boundary line |
---|
2264 | 2264 | | of said 169.5-acre tract, a distance of 3188.95 feet to an 1/2" iron |
---|
2265 | 2265 | | rod with yellow cap marked "Pape-Dawson" set for the southwest |
---|
2266 | 2266 | | corner hereof; |
---|
2267 | 2267 | | THENCE N 21°05'48" W, with the west boundary line of said |
---|
2268 | 2268 | | 169.5-acre tract, and in part, crossing through the right-of-way of |
---|
2269 | 2269 | | said County Road 308, a distance of 2071.04 feet to a 1/2" iron rod |
---|
2270 | 2270 | | with yellow cap marked "Pape-Dawson" set, being the southwest |
---|
2271 | 2271 | | corner of a called 113 acre tract of land conveyed to the Letts |
---|
2272 | 2272 | | Family Trust, by instrument recorded in Volume 486, Page 442 of said |
---|
2273 | 2273 | | deed records, same being the northwest corner of said 169.5-acre |
---|
2274 | 2274 | | tract, for the northwest corner hereof, from which a 5/8" iron rod |
---|
2275 | 2275 | | found for the northwest corner of said 113 acre tract bears N |
---|
2276 | 2276 | | 21°22'58" W, 2048.33 feet; |
---|
2277 | 2277 | | THENCE departing the east right-of-way line of said County |
---|
2278 | 2278 | | Road 308, with, in part, the south boundary line of said 113-acre |
---|
2279 | 2279 | | tract and, in part, the south boundary line of a called 177.5 acre |
---|
2280 | 2280 | | tract of land conveyed to Charles D. Tonn and Ronald D. Tonn by |
---|
2281 | 2281 | | instrument recorded in Document No. 9601061 of the Official Public |
---|
2282 | 2282 | | Records of said County, same being the north boundary line of said |
---|
2283 | 2283 | | 169.5-acre tract, the following three (3) courses and distances: |
---|
2284 | 2284 | | 1. N 68°47'37" E, a distance of 1275.22 feet to a 1/2" iron |
---|
2285 | 2285 | | rod with yellow cap marked "Pape-Dawson" set for an angle point |
---|
2286 | 2286 | | hereof, |
---|
2287 | 2287 | | 2. N 21°25'27" W, a distance of 386.24 feet to a 1/2" iron rod |
---|
2288 | 2288 | | with yellow cap marked "Pape-Dawson" set for an angle point hereof, |
---|
2289 | 2289 | | and |
---|
2290 | 2290 | | 3. N 68°41'10" E, a distance of 2332.32 feet to a 1/2" iron |
---|
2291 | 2291 | | rod with yellow cap marked "Pape-Dawson" set being the northeast |
---|
2292 | 2292 | | corner of said 169.5-acre tract, for the northeast corner hereof; |
---|
2293 | 2293 | | THENCE S 22°06'37" E, with the south boundary line of said |
---|
2294 | 2294 | | 177.5-acre tract, same being the east boundary line of said |
---|
2295 | 2295 | | 169.5-acre tract, a distance of 392.10 feet to a 1/2" iron rod with |
---|
2296 | 2296 | | yellow cap marked "Pape-Dawson" set in the north boundary line of a |
---|
2297 | 2297 | | called 50-acre tract of land conveyed to Cheryl A. Chamberlain, by |
---|
2298 | 2298 | | instrument recorded in Document No. 2013019239 of the Official |
---|
2299 | 2299 | | Public Records of said County, same being an angle point in the east |
---|
2300 | 2300 | | boundary line of said 169.5-acre tract, for an angle point hereof; |
---|
2301 | 2301 | | THENCE S 68°53'39" W, with the north boundary line of said |
---|
2302 | 2302 | | 50-acre tract, same being the east boundary line of said 169.5-acre |
---|
2303 | 2303 | | tract, a distance of 419.61 feet to a 1/2" iron rod with yellow cap |
---|
2304 | 2304 | | marked "Pape-Dawson" set, being the northwest corner of said |
---|
2305 | 2305 | | 50-acre tract, same being an angle point in the east boundary line |
---|
2306 | 2306 | | of said 169.5-acre tract, for an angle point hereof; |
---|
2307 | 2307 | | THENCE S 20°59'42" E, with, in part, the west boundary line of |
---|
2308 | 2308 | | said 50-acre tract and, in part, the west boundary line of a called |
---|
2309 | 2309 | | 47.5 acre tract of land conveyed to D.C. Blackman, by instrument |
---|
2310 | 2310 | | recorded in Volume 734, Page 931 of said Deed Records and, in part, |
---|
2311 | 2311 | | the west boundary line of the aforementioned 0.58-acre tract, same |
---|
2312 | 2312 | | being the east boundary line of said 169.5-acre tract, a distance of |
---|
2313 | 2313 | | 2080.08 feet to the POINT OF BEGINNING and containing 172.890 acres |
---|
2314 | 2314 | | of land in Williamson County, Texas. Said tract being described in |
---|
2315 | 2315 | | accordance with a survey prepared by Pape Dawson Engineers, Inc. |
---|
2316 | 2316 | | under Job No. 51303-00. |
---|
2317 | 2317 | | (c) If the Act enacting this section does not receive a |
---|
2318 | 2318 | | two-thirds vote of all the members elected to each house, |
---|
2319 | 2319 | | Subchapter C, Chapter 8010A, Special District Local Laws Code, as |
---|
2320 | 2320 | | added by Subsection (a) of this section, is amended by adding |
---|
2321 | 2321 | | Section 8010A.0306 to read as follows: |
---|
2322 | 2322 | | Sec. 8010A.0306. NO EMINENT DOMAIN POWER. The district may |
---|
2323 | 2323 | | not exercise the power of eminent domain. |
---|
2324 | 2324 | | (d) Subsection (c) of this section is not intended to be an |
---|
2325 | 2325 | | expression of a legislative interpretation of the requirements of |
---|
2326 | 2326 | | Section 17(c), Article I, Texas Constitution. |
---|
2327 | 2327 | | SECTION 7. (a) The heading to Chapter 8221, Special |
---|
2328 | 2328 | | District Local Laws Code, is amended to read as follows: |
---|
2329 | 2329 | | CHAPTER 8221. WILLIAMSON COUNTY [3 B&J] MUNICIPAL UTILITY DISTRICT |
---|
2330 | 2330 | | NO. 51 |
---|
2331 | 2331 | | (b) Section 8221.001(3), Special District Local Laws Code, |
---|
2332 | 2332 | | is amended to read as follows: |
---|
2333 | 2333 | | (3) "District" means the Williamson County [3 B&J] |
---|
2334 | 2334 | | Municipal Utility District No. 51. |
---|
2335 | 2335 | | (c) Section 8221.202, Special District Local Laws Code, is |
---|
2336 | 2336 | | amended to read as follows: |
---|
2337 | 2337 | | Sec. 8221.202. TAXES FOR BONDS AND OTHER OBLIGATIONS. At |
---|
2338 | 2338 | | the time bonds or other obligations payable wholly or partly from ad |
---|
2339 | 2339 | | valorem taxes are issued,[: |
---|
2340 | 2340 | | [(1)] the board shall provide for the annual |
---|
2341 | 2341 | | imposition of [impose] a continuing direct annual ad valorem tax, |
---|
2342 | 2342 | | without limit to the rate or amount of the tax while all or part of |
---|
2343 | 2343 | | the bonds are outstanding as provided by Sections 54.601 and |
---|
2344 | 2344 | | 54.602, Water Code [at a rate not to exceed the rate approved at an |
---|
2345 | 2345 | | election held under Section 8221.151, for each year that all or part |
---|
2346 | 2346 | | of the bonds are outstanding; and |
---|
2347 | 2347 | | [(2) the district annually shall impose an ad valorem |
---|
2348 | 2348 | | tax on all taxable property in the district in an amount sufficient |
---|
2349 | 2349 | | to: |
---|
2350 | 2350 | | [(A) pay the interest on the bonds or other |
---|
2351 | 2351 | | obligations as the interest becomes due; |
---|
2352 | 2352 | | [(B) create a sinking fund for the payment of the |
---|
2353 | 2353 | | principal of the bonds or other obligations when due or the |
---|
2354 | 2354 | | redemption price at any earlier required redemption date; and |
---|
2355 | 2355 | | [(C) pay the expenses of imposing the taxes]. |
---|
2356 | 2356 | | (d) The Williamson County Municipal Utility District No. 51 |
---|
2357 | 2357 | | retains all the rights, powers, privileges, authority, duties, and |
---|
2358 | 2358 | | functions that it had before the effective date of this Act. |
---|
2359 | 2359 | | (e) The legislature validates and confirms all governmental |
---|
2360 | 2360 | | acts and proceedings of the Williamson County Municipal Utility |
---|
2361 | 2361 | | District No. 51 that were taken before the effective date of this |
---|
2362 | 2362 | | Act. |
---|
2363 | 2363 | | (f) The legislature validates and confirms all governmental |
---|
2364 | 2364 | | acts and proceedings relating to the creation and the consent to the |
---|
2365 | 2365 | | creation of the Williamson County Municipal Utility District |
---|
2366 | 2366 | | No. 51. |
---|
2367 | 2367 | | (g) Subsections (e) and (f) of this section do not apply to |
---|
2368 | 2368 | | any matter that on the effective date of this Act: |
---|
2369 | 2369 | | (1) is involved in litigation if the litigation |
---|
2370 | 2370 | | ultimately results in the matter being held invalid by a final court |
---|
2371 | 2371 | | judgment; or |
---|
2372 | 2372 | | (2) has been held invalid by a final court judgment. |
---|
2373 | 2373 | | SECTION 8. Sections 8221.003(b), 8221.105, 8221.106, |
---|
2374 | 2374 | | 8221.107, and 8221.108, Special District Local Laws Code, are |
---|
2375 | 2375 | | repealed. |
---|
2376 | 2376 | | SECTION 9. (a) The legal notice of the intention to file |
---|
2377 | 2377 | | bills creating or affecting each district described by this Act, as |
---|
2378 | 2378 | | applicable, has been published as provided by law, and the notice |
---|
2379 | 2379 | | and a copy of this Act have been furnished to all persons, agencies, |
---|
2380 | 2380 | | officials, or entities to which they are required to be furnished |
---|
2381 | 2381 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
---|
2382 | 2382 | | Government Code. |
---|
2383 | 2383 | | (b) The governor, one of the required recipients, has |
---|
2384 | 2384 | | submitted the notice and a copy of a bill to create or affect each |
---|
2385 | 2385 | | applicable district described by this Act to the Texas Commission |
---|
2386 | 2386 | | on Environmental Quality. |
---|
2387 | 2387 | | (c) The Texas Commission on Environmental Quality has filed |
---|
2388 | 2388 | | its recommendations relating to each bill to create or affect each |
---|
2389 | 2389 | | applicable district described by this Act with the governor, the |
---|
2390 | 2390 | | lieutenant governor, and the speaker of the house of |
---|
2391 | 2391 | | representatives within the required time. |
---|
2392 | 2392 | | (d) All requirements of the constitution and laws of this |
---|
2393 | 2393 | | state and the rules and procedures of the legislature with respect |
---|
2394 | 2394 | | to the notice, introduction, and passage of each bill to create or |
---|
2395 | 2395 | | affect each applicable district described by this Act are fulfilled |
---|
2396 | 2396 | | and accomplished. |
---|
2397 | 2397 | | SECTION 10. (a) Chapter 175, Local Government Code, as |
---|
2398 | 2398 | | amended by this Act, applies according to its terms to all eligible |
---|
2399 | 2399 | | persons who leave employment with a township on or after January 1, |
---|
2400 | 2400 | | 2024. |
---|
2401 | 2401 | | (b) A township that is required by Chapter 175, Local |
---|
2402 | 2402 | | Government Code, as amended by this Act, to provide continued |
---|
2403 | 2403 | | health benefits coverage but that is not allowed to provide the |
---|
2404 | 2404 | | coverage under the terms of the township's existing group health |
---|
2405 | 2405 | | plan shall ensure that the required continued health benefits |
---|
2406 | 2406 | | coverage is provided for in any new plan that is adopted by the |
---|
2407 | 2407 | | township on or after January 1, 2024, unless the township is |
---|
2408 | 2408 | | exempted under Section 175.007, Local Government Code. |
---|
2409 | 2409 | | SECTION 11. (a) Except as provided by Subsection (b) of |
---|
2410 | 2410 | | this section, this Act takes effect immediately if it receives a |
---|
2411 | 2411 | | vote of two-thirds of all the members elected to each house, as |
---|
2412 | 2412 | | provided by Section 39, Article III, Texas Constitution. If this |
---|
2413 | 2413 | | Act does not receive the vote necessary for immediate effect, this |
---|
2414 | 2414 | | Act takes effect September 1, 2023. |
---|
2415 | 2415 | | (b) Sections 1 and 10 of this Act take effect September 1, |
---|
2416 | 2416 | | 2023. |
---|
2417 | 2417 | | ______________________________ ______________________________ |
---|
2418 | 2418 | | President of the Senate Speaker of the House |
---|
2419 | 2419 | | I certify that H.B. No. 5344 was passed by the House on May 9, |
---|
2420 | 2420 | | 2023, by the following vote: Yeas 108, Nays 34, 2 present, not |
---|
2421 | 2421 | | voting; that the House refused to concur in Senate amendments to |
---|
2422 | 2422 | | H.B. No. 5344 on May 26, 2023, and requested the appointment of a |
---|
2423 | 2423 | | conference committee to consider the differences between the two |
---|
2424 | 2424 | | houses; and that the House adopted the conference committee report |
---|
2425 | 2425 | | on H.B. No. 5344 on May 28, 2023, by the following vote: Yeas 119, |
---|
2426 | 2426 | | Nays 21, 2 present, not voting. |
---|
2427 | 2427 | | ______________________________ |
---|
2428 | 2428 | | Chief Clerk of the House |
---|
2429 | 2429 | | I certify that H.B. No. 5344 was passed by the Senate, with |
---|
2430 | 2430 | | amendments, on May 24, 2023, by the following vote: Yeas 27, Nays |
---|
2431 | 2431 | | 3, 1 present, not voting; at the request of the House, the Senate |
---|
2432 | 2432 | | appointed a conference committee to consider the differences |
---|
2433 | 2433 | | between the two houses; and that the Senate adopted the conference |
---|
2434 | 2434 | | committee report on H.B. No. 5344 on May 28, 2023, by the following |
---|
2435 | 2435 | | vote: Yeas 27, Nays 4. |
---|
2436 | 2436 | | ______________________________ |
---|
2437 | 2437 | | Secretary of the Senate |
---|
2438 | 2438 | | APPROVED: __________________ |
---|
2439 | 2439 | | Date |
---|
2440 | 2440 | | __________________ |
---|
2441 | 2441 | | Governor |
---|