87R10378 MP-F

By: Rogers H.B. No. 4578

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Lakeview Point Municipal Utility District of Palo Pinto County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 8483 to read as follows:

CHAPTER 8483. LAKEVIEW POINT MUNICIPAL UTILITY DISTRICT OF PALO

PINTO COUNTY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8483.0101. 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 Lakeview Point Municipal Utility District of Palo Pinto County.

Sec. 8483.0102. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 8483.0103. 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. 8483.0104. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 8483.0103 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district.

Sec. 8483.0105. 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. 8483.0106. 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. 8483.0201. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 8483.0202, directors serve staggered four-year terms.

Sec. 8483.0202. TEMPORARY DIRECTORS. (a) The temporary directors are as follows:

(1) Brad Andrus;

(2) Josh Westrom;

(3) Casey Griffin;

(4) CB Standridge; and

(5) Chad Jacobson.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section 8483.0103; 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 8483.0103 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 8483.0103; 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. 8483.0301. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 8483.0302. 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. 8483.0303. 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. 8483.0304. 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. 8483.0305. 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. 8483.0401. 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 8483.0403.

(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. 8483.0402. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 8483.0401, 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. 8483.0403. 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. 8483.0501. 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. 8483.0502. 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. 8483.0503. 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 Lakeview Point Municipal Utility District of Palo Pinto County initially includes all the territory contained in the following area:

Of an 11.145 acres tract of land out of the A.J. Smith Survey, Abstract No. 393, Palo Pinto County, Texas; being all of a certain 11.016 acres tract described in Volume 2137, Page 415 and all of a certain 0.079 acre tract (Tract 1) and a certain 0.052 acre tract (Tract 2), both described in Volume 2057, Page 415, Official Public Records, Palo Pinto County, Texas; and being further described by metes and bounds as follows:

Beginning at a found "X" on a rock (N: 7006350.06, E: 1978199.72) for the northwest and beginning corner of this tract. Whence the Brazos River Authority GPS Control Monument 04, recorded in Volume 1697, Page 8 of said Official Public Records, bears N. 75 deg. 46 min. 29 sec. E. 5886.31 feet.

Thence S. 59 deg. 51 min. 03 sec. E. 208.44 feet to a found 1/2" iron rod with cap (PRICE SURVEYING) in the west line of Park Road 36 for the northeast corner of this tract. Thence along the west line of said Park Road 36 the following courses and distances:

S. 36 deg. 30 min. 37 sec. W. 6.19 feet to a set 60D nail

S. 19 deg. 23 min. 33 sec. W. 33.81 feet to a set 60D nail

S. 04 deg. 23 min. 03 sec. W. 47.11 feet to a set 60D nail

S. 06 deg. 52 min. 40 sec. E. 45.65 feet to a found 1/2" iron rod for a corner of this tract

Thence S. 65 deg. 55 min. 59 sec. E. 70.41 feet to a found 60D nail at the southwest corner of Lot 10 as described in Volume 1803, Page 331 of said Official Public Records for a corner of this tract.

Thence N. 81 deg. 42 min. 58 sec. E. 41.73 feet to a set "MAG" nail for a corner of this tract and said Lot 10.

Thence N. 52 deg. 52 min. 44 sec. E. 37.50 feet to a set "MAG" nail at the southeast corner of said Lot 10 and at the 1000 foot contour line of Possum Kingdom Lake for a corner of this tract.

Thence along the meanders of the 1000 foot contour line of said Possum Kingdom Lake the following courses and distances:

N. 88 deg. 52 min. 31 sec. E. 6.87 feet

S. 62 deg. 40 min. 20 sec. E. 5.98 feet

S. 69 deg. 27 min. 26 sec. E. 8.07 feet

S. 38 deg. 46 min. 00 sec. E. 9.52 feet

S. 68 deg. 08 min. 05 sec. E. 5.15 feet

S. 82 deg. 10 min. 16 sec. E. 20.65 feet

S. 66 deg. 09 min. 14 sec. E. 23.66 feet

S. 45 deg. 58 min. 50 sec. E. 34.36 feet

S. 43 deg. 18 min. 23 sec. E. 33.89 feet

S. 51 deg. 26 min. 53 sec. E. 33.33 feet

S. 62 deg. 04 min. 11 sec. E. 18.56 feet

S. 54 deg. 43 min. 48 sec. E. 9.16 feet

S. 75 deg. 56 min. 36 sec. E. 10.10 feet

S. 59 deg. 55 min. 36 sec. E. 8.54 feet

S. 71 deg. 41 min. 52 sec. E. 12.35 feet

S. 78 deg. 30 min. 38 sec. E. 30.09 feet

S. 77 deg. 24 min. 00 sec. E. 22.41 feet

N. 86 deg. 51 min. 44 sec. E. 34.38 feet

S. 86 deg. 24 min. 52 sec. E. 37.71 feet

S. 88 deg. 40 min. 25 sec. E. 12.37 feet

N. 73 deg. 33 min. 46 sec. E. 14.36 feet

S. 71 deg. 25 min. 08 sec. E. 27.56 feet

S. 66 deg. 10 min. 35 sec. E. 29.95 feet

S. 46 deg. 51 min. 09 sec. E. 18.95 feet

S. 07 deg. 22 min. 19 sec. E. 11.59 feet

S. 04 deg. 17 min. 18 sec. W. 14.22 feet

S. 20 deg. 28 min. 13 sec. W. 20.89 feet

S. 34 deg. 40 min. 48 sec. W. 21.39 feet

S. 30 deg. 30 min. 00 sec. W. 19.50 feet

S. 48 deg. 02 min. 14 sec. W. 18.15 feet

S. 70 deg. 18 min. 02 sec. W. 25.03 feet

S. 66 deg. 55 min. 12 sec. W. 36.67 feet

S. 84 deg. 13 min. 21 sec. W. 35.95 feet

N. 80 deg. 16 min. 45 sec. W. 10.62 feet

S. 47 deg. 03 min. 57 sec. W. 86.98 feet

S. 22 deg. 36 min. 32 sec. E. 15.63 feet

S. 39 deg. 29 min. 12 sec. E. 7.94 feet

S. 51 deg. 23 min. 33 sec. W. 64.51 feet

N. 66 deg. 33 min. 27 sec. W. 0.68 feet

S. 53 deg. 41 min. 31 sec. W. 38.64 feet

S. 39 deg. 53 min. 28 sec. W. 32.73 feet

S. 47 deg. 41 min. 33 sec. E. 6.22 feet

S. 50 deg. 14 min. 48 sec. W. 1.01 feet

N. 47 deg. 41 min. 33 sec. W. 7.76 feet

S. 50 deg. 40 min. 29 sec. W. 21.21 feet

S. 63 deg. 05 min. 58 sec. W. 19.55 feet

S. 00 deg. 40 min. 33 sec. E. 11.39 feet

S. 22 deg. 47 min. 18 sec. W. 1.64 feet

S. 55 deg. 51 min. 23 sec. W. 8.23 feet

S. 48 deg. 50 min. 26 sec. W. 6.60 feet

S. 56 deg. 47 min. 02 sec. W. 10.96 feet

S. 67 deg. 06 min. 42 sec. W. 11.46 feet

S. 70 deg. 29 min. 29 sec. W. 10.75 feet

N. 72 deg. 58 min. 19 sec. W. 2.12 feet

N. 22 deg. 52 mm. 48 sec. W. 11.09 feet

N. 55 deg. 45 min. 05 sec. W. 2.58 feet

S. 62 deg. 56 min. 55 sec. W. 4.59 feet

S. 79 deg. 31 min. 15 sec. W. 7.89 feet

S. 20 deg. 50 min. 44 sec. W. 3.05 feet

S. 63 deg. 37 min. 54 sec. W. 11.64 feet

S. 68 deg. 08 min. 12 sec. W. 15.87 feet

S. 71 deg. 23 min. 43 sec. W. 26.77 feet

S. 78 deg. 09 min. 18 sec. W. 15.64 feet

S. 65 deg. 34 min. 21 sec. W. 1.90 feet

S. 73 deg. 21 min. 54 sec. W. 31.80 feet

S. 66 deg. 03 min. 45 sec. W. 22.96 feet

S. 54 deg. 33 min. 00 sec. W. 12.70 feet to a found 3/8" spike at the northeast comer of Lot 6 as described in Volume 2121, Page 199 of said Official Public Record for a comer of this tract

Thence N. 76 deg. 13 min. 57 sec. W. 13.74 feet to a point for a comer of this tract and said Lot 6.

Thence S. 74 deg. 30 min. 45 sec. W. at 26.05 feet pass a found "X" on rock and in all 49.59 feet to a found 60d nail for a comer of this tract and said Lot 6.

Thence N. 85 deg. 33 min. 11 sec. W. 74.46 feet to a found drilled hole in concrete drive for a comer of this tract and said Lot 6.

Thence N. 59 deg. 14 min. 19 sec. W. 86.83 feet to a found 1/2" iron rod with cap (PRICE SURVEYING) in the northwest line of said Park Road 36 for an ell comer of this tract.

Thence along the northwest line of said Park Road 36 the following courses and distances:

S. 46 deg. 34 min. 23 sec. W. 107.53 feet to a found 60D nail

S. 45 deg. 50 min. 39 sec. W. 6.14 feet to a found 60D nail

S. 48 deg. 28 mm. 48 sec. W. 51.72 feet to a found 1/2" iron rod with cap (PRICE SURVEYING) for an ell comer of this tract

Thence S. 26 deg. 03 min. 21 sec. E. 9.95 feet to a found 1/2" iron rod for a comer of this tract.

Thence S. 53 deg. 56 min. 39 sec. W. 110.40 feet to a found 1/2" iron rod for a comer of this tract.

Thence S. 58 deg. 41 min. 39 sec. W. 61.78 feet to a found 1/2" iron rod for the most southerly southwest comer of this tract.

Thence N. 36 deg. 05 mm. 21 sec. W. 144.50 feet to a found 1/2" iron rod for a comer of this tract.

Thence N. 58 deg. 31 min. 39 sec. E. 196.30 feet to a set 1/2" iron rod with cap (PRICE SURVEYING) for an ell corner of this tract.

Thence N. 59 deg. 48 min. 35 sec. W. 200.20 feet to a set 1/2" iron rod with cap (PRICE SURVEYING) for the most westerly southwest corner of this tract.

Thence N. 30 deg. 06 min. 00 sec. E. 740.07 feet to the place of beginning.

SECTION 3. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

(d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTION 4. (a) If this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 8483, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 8483.0306 to read as follows:

Sec. 8483.0306. 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, 2021.