88R14287 SCP-F
By: Wilson H.B. No. 5381
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Theon Ranches Municipal Utility
District No. 4; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7964A to read as follows:
CHAPTER 7964A. THEON RANCHES MUNICIPAL UTILITY DISTRICT NO. 4
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7964A.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Theon Ranches Municipal
Utility District No. 4.
Sec. 7964A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7964A.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7964A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7964A.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district as required by
applicable law.
Sec. 7964A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7964A.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7964A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7964A.0202, directors
serve staggered four-year terms.
Sec. 7964A.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Nathan Thornill;
(2) Andrew Li;
(3) Jacob Hill;
(4) Daniel Anderson; and
(5) Jonathan Wilson.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7964A.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7964A.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7964A.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7964A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7964A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7964A.0303. AUTHORITY FOR ROAD PROJECTS. Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve,
operate, maintain, and convey to this state, a county, or a
municipality for operation and maintenance macadamized, graveled,
or paved roads, or improvements, including storm drainage, in aid
of those roads.
Sec. 7964A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7964A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7964A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section
7964A.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7964A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7964A.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7964A.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7964A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7964A.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7964A.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Theon Ranches Municipal Utility District
No. 4 initially includes all the territory contained in the
following area:
BEING 238.46 acres of land, situated in the Basil Durbin Survey,
Abstract No. 175 and the I. & G.N.R.R. Co. Survey, Abstract
No. 340, in Williamson County, Texas, said 238.46 acres being three
(3) tracts of land, of record to Cobb Springs Ranch, LTD, Tract 1,
183.752 Acres, Tract 2, 54.706 Acres and Tract 3, 0.084 Acres, in
Exhibit B, Document No. 9838601, Official Public Records
Williamson County, Texas (OPRWCT). This tract was surveyed on the
ground in October of 2021 under the direction of William F. Forest,
Jr., Registered Professional Land Surveyor No. 1847. Survey note:
The bearing basis for this survey is the State Plane Coordinate
System, Texas Central Zone (4203), and being more particularly
described by metes and bounds as follows:
BEGINNING, at a 5/8" iron pipe found (steel pipe), at the Southwest
corner of said 183.752 acre tract, for the Southwest corner hereof,
same being the Southeast corner of a 121.867 acre tract, of record
to Eyemagine, LLC, Document No. 2015037989, described in a deed to
James E. Bartosh aka James Bartosh and wife Dana A. Bartosh aka Dana
Bartosh, Document No. 9912902, (OPRWCT), said point being a point
in the North Right-of-Way line of Farm to Market Road 972 (FM 972),
said point being on or near the common Survey line of the I. &
G.N.R.R. Co. Survey, Abstract No. 340 and the Thomas Malone Survey,
Abstract No. 445, from which a TXDOT Type I concrete marker found,
bears: N 72°32'13" W, 1254.46 feet,
THENCE, departing said Right-of-Way line, with the common boundary
line of said 183.752 acre tract and said 121.867 acre tract, along
or near a fence, the following two (2) courses and distances:
1. N 16°37'37" E, crossing the common Survey line of the I. &
G.N.R.R. Co. Survey, Abstract No. 340 and the Basil Durbin Survey,
Abstract No. 175, in all a total distance of 2216.95 feet, to a 5/8"
iron pipe found, for an angle point hereof,
2. N 16°40'08" E, 1043.56 feet, to a 1/2" capped iron pin set,
marked "FOREST RPLS 1847", for an ell corner hereof, said point
being the Southeast corner of said 0.084 acre tract, from which a
60D nail found, at the apparent Northwest corner of said 183.752
acre tract, bears: N 16°58'50" E, 20.39 feet,
THENCE, with the common boundary line of said 0.084 acre tract and
said 121.867 acre tract, along or near a fence, the following two
(2) courses and distances:
1. N 72°00'23" W, 172.03 feet, to a steel cotton gin spindle set,
for an angle point hereof, said point being the Southwest corner of
said 0.084 acre tract,
2. N 39°09'44" W, 24.01 feet, to a 1/2" capped iron pin set, marked
"FOREST RPLS 1847", for an angle point hereof, said point being the
West corner of said 0.084 acre tract, same being in the South line
of a 54.58 acre tract, called the Second Tract, in a document from
AF Czarowitz to Francis Czarowitz, Volume 472, Page 508, (DRWCT),
THENCE, with the common boundary line of said 54.706 acre tract and
said 121.867 acre tract, along or near a fence, N 72°29'35" W,
1418.62 feet, to a 1/2" iron pin found, at the Southwest corner of
said 54.706 acre tract, for an ell corner hereof, said point being a
point in the East boundary line of a 199.5 acre tract, of record to
Timothy J.Vrabel, Volume 739, Page 783, (DRWCT),
THENCE, with the common boundary line of said 54.706 acre tract and
said 199.5 acre tract, N 17°03'42" E, 1648.06 feet, to a 1/2" capped
iron pin set, marked "FOREST RPLS 1847", at the Northwest corner of
said 54.706 acre tract, for the Northwest corner hereof, said point
being a point in the South Right-of-Way line of County Road 343,
THENCE, with the North boundary line of said 54.706 acre tract and
the South Right-of-Way line of County Road 343, along or near a
fence, S 73°55'09" E, 1423.87 feet, to a 1/2" iron pin found, at the
Northeast corner of said 54.706 and 54.58 acre tracts, for the upper
Northeast corner hereof, same being in the West line of a 103.75
acre tract, of record to Tim Vrabel, Exhibit A, Document
No. 2006004442, (OPRWCT),
THENCE, departing said Right-of-Way line, with the common boundary
line of said 54.58 acre tract and said 103.75 acre tract, along or
near a fence, S 16°33'24" W, 1676.87 feet, to a 1/2" iron pin found,
at the upper Southeast corner of said 54.706 acre tract, for an ell
corner hereof, same being the Northwest corner of said 0.084 acre
tract, same being the Southwest corner of said 103.75 acre tract,
THENCE, with the common boundary line of said 0.084 acre tract and
said 103.75 acre tract, along or near a fence, S 72°08'13" E, 172.09
feet, to a 60D nail found, at the Northeast corner of said 0.084
acre tract, for an angle point hereof, same being the apparent
Northwest corner of said 183.752 acre tract, same point being the
Northwest corner of a 138.9 acre of record from AF Czarowitz to
Francis Czarowitz, Volume 384, Page 355,
THENCE, with North boundary line of said 138.9 acre tract, along or
near a fence S 72°26'49" E, 1199.87 feet, to a 1/2" capped iron pin
set, marked "FOREST RPLS 1847", at the Northeast corner of a 46 acre
tract, called First tract, of record from AF Czarowitz to Francis
Czarowitz, Volume472, Page 508,
THENCE, with the North boundary line of said 46 acre tract, along or
near a fence, S 72°21'34" E, 1255.00 feet, to a 1/2" capped iron pin
set, marked "FOREST RPLS 1847", at the Northeast corner of said 46
acre tract, said point being the Norheast corner of said 183.752
acre tract, said point being a point in the West Right-of-Way line
of County Road 301,
THENCE, with the East boundary line of said 183.752 acre tract and
the West Right-of-Way line of County Road 301, along or near a
fence, the following four (4) courses and distances:
1. S 17°07'08" W, 1305.81 feet, to an axle found, for an angle point
hereof,
2. S 17°12'12" W, crossing the common Survey line of the I. &
G.N.R.R. Co. Survey, Abstract No. 340 and the Basil Durbin Survey,
Abstract No. 175, in all a total distance of 1933.86 feet, to a 1/2"
capped iron pin set, marked "FOREST RPLS 1847", at the upper
Southeast corner of said 183.752 acre tract, for the upper
Southeast corner hereof,
3. S 61°31'41" W, 20.39 feet, to a TXDOT Type I concrete marker
found, for an angle point hereof,
4. S 62°05'38" W, 28.57 feet, to a TXDOT Type I concrete marker
found, at the lower Southeast corner of said 183.752 acre tract, for
the lower Southeast corner hereof, said point being a point in the
North Right-of-Way line of FM 972, said point being on or near the
common Survey line of the I. & G.N.R.R. Co. Survey, Abstract No. 340
and the Thomas Malone Survey, Abstract No. 445,
THENCE, with the South boundary line of said 183.752 acre tract and
the North Right-of-Way line of FM 972, along or near a fence, along
or near the common Survey line of the I. & G.N.R.R. Co. Survey,
Abstract No. 340 and the Thomas Malone Survey, Abstract No. 445, N
72°32'28" W, 2390.24 feet, to the POINT OF BEGINNING, and containing
238.46 acres, more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7964A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7964A.0306 to read as
follows:
Sec. 7964A.0306. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.