S.B. No. 1607
AN ACT
1-1 relating to the creation, boundaries, purposes, powers, duties,
1-2 functions, authority, and financing of the Southwest Denton County
1-3 Road and Utility District.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. CREATION OF DISTRICT. Southwest Denton County
1-6 Road and Utility District is created under Section 59, Article XVI,
1-7 and Section 52, Article III, Texas Constitution, as a conservation
1-8 and reclamation district and a road district. The district is a
1-9 governmental agency, a body politic and corporate, and a political
1-10 subdivision of this state.
1-11 SECTION 2. BOUNDARIES. The district includes the territory
1-12 contained in the following area:
1-13 TRACT 1
1-14 All that certain lot, tract or parcel of land located in the
1-15 M.E.P.&P. RR. SURVEY, Abstract 906 and the A. ROBINSON SURVEY,
1-16 Abstract 1119, both in Denton County, Texas, being part of a called
1-17 430.50 acre tract conveyed to the Claretian Theological Seminary,
1-18 according to the deed recorded in Volume 453, Page 353, Deed
1-19 Records, Denton County, Texas (D.R., D.Co., Tx.), being all of that
1-20 certain Substitute Trustee's Deed and Bill of Sale to Pacific
1-21 Southwest Bank, F.S.B., by deed recorded in Volume 3093, Page 490,
1-22 D.R., D.Co., Tx., and being more particularly described by metes
1-23 and bounds as follows:
1-24 BEGINNING at a 3/4 inch iron pin found in the North line of
2-1 Henrietta Creek Road (County Road) for the common Southeast corner
2-2 of aforesaid 430.50 acres and called (200.036 acres) Substitute
2-3 Trustee's Deed, said corner being by description South 00 degrees
2-4 15 minutes 00 seconds East 2348-30/100 feet from the Southeast
2-5 corner of Lot 55, BROOKSTONE I, an addition to Denton County,
2-6 according to the plat recorded in Cabinet E, Slide 365, Map
2-7 Records, Denton County, Texas;
2-8 THENCE with the common South line of said Substitute
2-9 Trustee's Deed and North line of Henrietta Creek Road, North 89
2-10 degrees 22 minutes 11 seconds West 1692-60/100 feet to a 5/8 inch
2-11 iron pin found for corner;
2-12 THENCE departing said road, with a common Southwest line of
2-13 this tract and a Northeast line of Henrietta Creek Estates
2-14 (unrecorded addition) and generally with a fence, North 41 degrees
2-15 01 minute 10 seconds West 114-08/100 feet to a 5/8 inch iron pin
2-16 found and North 40 degrees 30 minutes 23 seconds West 2709-44/100
2-17 feet to a 3/4 inch iron pin found for the common corner of
2-18 aforesaid 430.50 acres and this tract;
2-19 THENCE departing said limits of 430.50 acres, with the lines
2-20 of aforementioned Substitute Trustee's Deed, and generally with a
2-21 fence, the following:
2-22 North 17 degrees 16 minutes 57 seconds East 917-97/100
2-23 feet to a 5/8 inch iron pin found,
2-24 North 89 degrees 45 minutes 16 seconds East 89-20/100
2-25 feet to a 5/8 inch iron pin found,
2-26 North 61 degrees 27 minutes 43 seconds East 964-13/100
2-27 feet to a 1/2 inch iron pin found, and
3-1 North 89 degrees 45 minutes 04 seconds East 1013-57/100
3-2 feet to a 3/4 inch iron pin found;
3-3 THENCE departing said fence and partway with a line common to
3-4 aforementioned BROOKSTONE I, South 28 degrees 31 minutes 38 seconds
3-5 East 995-56/100 feet to an "X" cut in concrete street for corner;
3-6 THENCE South 58 degrees 56 minutes 49 seconds East 957-17/100
3-7 feet to a 5/8 inch iron pin found for corner near a fence, another
3-8 5/8 inch iron pin found bears North 00 degrees 15 minutes West
3-9 3-27/100 fee;
3-10 THENCE with the common East line of aforementioned 430.50
3-11 acres and Substitute Trustee's Deed and generally with a fence,
3-12 South 00 degrees 15 minutes 00 seconds East 2138-27/100 feet to the
3-13 place of beginning and containing some 200-005/1000 acres of land.
3-14 TRACT 2
3-15 Parts of the M.E.P. & P. R.R. Co. Survey, Abstract No. 906
3-16 and the A. Robinson Survey, Abstract no. 1119, situated in the
3-17 southeast part of Denton County, Texas; and embracing the tract
3-18 described in the deed to R.S.R. Investments, recorded in volume
3-19 1609, page 55 of the Denton County Deed Records as its west line is
3-20 described in the Boundary Line Agreement recorded in volume 1989,
3-21 page 266 of the said Deed Records and a portion of said R.S.R.
3-22 tract appears as BROOKSTONE 1, an addition in said county recorded
3-23 in Cabinet E, page 356 of the Denton County Plat Records.
3-24 Beginning at a 1/2" iron rod for the northeast corner of said
3-25 R.S.R. tract in a line for the south line of Litsey Road and being,
3-26 by deed call, the northeast corner of the 430-50/100 acres tract
3-27 described in the deed to Claretian Theological Seminary recorded in
4-1 volume 453, page 353 of the said Deed Records.
4-2 Thence south no degrees-56 minutes-23 seconds east, along the
4-3 east line of said R.S.R. tract, 199-54/100 feet to a 3/4" iron rod.
4-4 Thence south no degrees-11 minutes-16 seconds east,
4-5 continuing along said east line of R.S.R. tract, at 1362-22/100
4-6 feet to a 3/4" iron rod.
4-7 Thence south no degrees-15 minutes-11 seconds east,
4-8 continuing along said east line of R.S.R. tract, at 1580-46/100
4-9 feet pass the southeast corner of said BROOKSTONE 1 Addition and
4-10 continue in all, 1791-18/100 feet to a 5/8" iron rod for the
4-11 southeast corner of said R.S.R. tract.
4-12 Thence north 58 degrees-57 minutes-29 seconds west, along a
4-13 south line of said R.S.R. tract, 957-14/100 feet to a mark "Y" in
4-14 concrete.
4-15 Thence north 28 degrees-33 minutes-21 seconds west, along a
4-16 southwest line of said R.S.R. tract, 1476-37/100 feet to a 1/2"
4-17 iron rod for the westerly southwest corner of said tract.
4-18 Thence north 61 degrees-25 minutes-45 seconds east, along a
4-19 northwest line of said R.S.R. tract, 232-04/100 feet to a 5/8" iron
4-20 rod at the south terminus of the line described in the said
4-21 Boundary Line Agreement recorded in said volume 1989, page 266 of
4-22 the said Deed Records.
4-23 Thence northerly along the said line described in the
4-24 Boundary Line Agreement:
4-25 along a curve to the right with a radius of 317-64/100
4-26 feet a distance of 177-82/100 feet to a 1/2" iron rod
4-27 at its end, the chord of said 177-82/100 feet arc is
5-1 north 2 degrees-44 minutes-14 seconds west 175-51/100
5-2 feet;
5-3 north 13 degrees-18 minutes-02 seconds east 177-17/100
5-4 feet to a 1/2" iron rod at the beginning of a curve to
5-5 the left with a radius of 534-88/100 feet;
5-6 then along said curve to the left 225-08/100 feet to a
5-7 1/2" iron rod at its end and the beginning of a curve
5-8 to the right with a radius of 232-94/100 feet, the
5-9 chord of said 225-08/100 feet arc is north 1 degree-14
5-10 minutes-44 seconds east 223-42/100 feet;
5-11 then along said curve to the right 238-44/100 feet to a
5-12 1/2" iron rod at its end, the chord of said 238-44/100
5-13 feet arc is north 18 degrees-30 minutes-56 seconds east
5-14 228-17/100 feet; north 47 degrees-50 minutes-25 seconds
5-15 east 119-99/100 feet to a 1/2" iron rod at the
5-16 beginning of a curve to the left with a radius of
5-17 87-99/100 feet;
5-18 then along said curve to the left 70-54/100 feet to a
5-19 1/2" iron at its end, the chord of said 70-54/100 feet
5-20 arc is north 24 degrees-52 minutes-27 seconds east
5-21 68-66/100 feet;
5-22 north 1 degrees-54 minutes-30 seconds east 21-31/100
5-23 feet to a 1/2" iron rod at the beginning of a curve to
5-24 the right with a radius of 648-01/100 feet;
5-25 then along said curve to the right 162-71/100 feet to a
5-26 1/2" iron rod at its end, the chord of said 162-71/100
5-27 feet arc is north 9 degrees-06 minutes-06 seconds east
6-1 162-29/100 feet; north 16 degrees-17 minutes-42 seconds
6-2 east 78-09/100 feet to a 1/2" iron rod at the beginning
6-3 of a curve to the right with a radius of 150-83/100
6-4 feet;
6-5 then along said curve to the right 56-74/100 feet to a
6-6 1/2" iron rod at its end, the chord of said 56-74/100
6-7 feet arc is north 27 degrees-04 minutes-21 seconds east
6-8 56-41/100 feet; north 37 degrees-51 minutes-01 seconds
6-9 east 25-19/100 feet to a 1/2" iron rod at the beginning
6-10 of a curve to the left with a radius of 205-56/100
6-11 feet;
6-12 then along said curve to the left 27-98/100 feet to a
6-13 1/2" iron rod at its end and the beginning of another
6-14 curve to the left with a radius of 24-89/100 feet, the
6-15 chord of said 27-98/100 feet arc is north 33 degrees-57
6-16 minutes-04 seconds east 27-96/100 feet;
6-17 then along said curve to the left 13-72/100 feet to a
6-18 1/2" iron rod at its end and the beginning of another
6-19 curve to the left with a radius of 517-20/100 feet, the
6-20 chord of said 13-72/100 feet arc is north 14 degrees-15
6-21 minutes-14 seconds east 13-55/100 feet;
6-22 then along said curve to the left 71-72/100 feet to a
6-23 1/2" iron rod at its end, the chord of said 71-72/100
6-24 feet arc is north 5 degrees-30 minutes-58 seconds west
6-25 71-66/100 feet; and north 9 degrees-29 minutes-19
6-26 seconds west 95-15/100 feet to a mark "Y" on top of
6-27 concrete column for the northwest corner of said R.S.R.
7-1 tract in a line for the south line of said Litsey Road.
7-2 Thence south 89 degrees-35 minutes-54 seconds east, along the
7-3 north line of said R.S.R. tract, 993-11/100 feet to the place of
7-4 beginning and containing 82-332/1000 acres, Save and Except from
7-5 the above-described property Lot 38, Block 1, of Brookstone I, an
7-6 Addition in Denton County, Texas, according to the plat thereof
7-7 recorded in Cabinet E, Slide 356, Plat Records of Denton County,
7-8 Texas.
7-9 SECTION 3. DEFINITIONS. In this Act:
7-10 (1) "Board" means the board of directors of the
7-11 district.
7-12 (2) "District" means the Southwest Denton County Road
7-13 and Utility District.
7-14 SECTION 4. LEGISLATIVE FINDINGS. (a) The legislature finds
7-15 that the purposes of Section 59, Article XVI, and Section 52,
7-16 Article III, Texas Constitution, will be accomplished by the
7-17 creation of the district and that all land and other property
7-18 included within the district's boundaries will be benefited by the
7-19 works and projects to be accomplished by the district, and that the
7-20 district is created to serve a public use and benefit.
7-21 (b) The legislature further finds that the boundaries and
7-22 field notes of the district form a closure, and that if there is
7-23 any mistake in the recorded description of the boundary
7-24 description, the mistake does not affect the organization,
7-25 existence, and validity of the district, the right of the district
7-26 to levy and collect taxes, or the legality or operation of the
7-27 district or its governing body in the exercise of any powers,
8-1 functions, purposes, or authority provided by this Act.
8-2 (c) The legislature further finds that the requirements of
8-3 Sections 59(d) and (e), Article XVI, Texas Constitution, have been
8-4 met and that the legislature has the authority to enact this Act.
8-5 SECTION 5. GENERAL POWERS. (a) The district may exercise
8-6 all of the rights, powers, privileges, authority, and functions
8-7 conferred by Section 59, Article XVI, and Section 52, Article III,
8-8 Texas Constitution, and the general laws of this state, including
8-9 Chapters 50 and 54, Water Code, applicable to municipal utility
8-10 districts created under Section 59, Article XVI, Texas
8-11 Constitution. This Act prevails over any provision of the general
8-12 law that is in conflict with or inconsistent with this Act.
8-13 (b) Those rights, powers, privileges, authority, functions,
8-14 and duties of the district subject to the continuing right of
8-15 supervision of the state shall be so exercised by and through the
8-16 Texas Natural Resource Conservation Commission. The Texas Natural
8-17 Resource Conservation Commission shall have authority over district
8-18 bonds and projects as provided by Sections 50.107, 54.516, and
8-19 54.517, Water Code.
8-20 (c) The district may annex or exclude territory as provided
8-21 by Subchapter H, Chapter 54, Water Code; however, the governing
8-22 body of the City of Fort Worth, by ordinance or resolution, must
8-23 consent to an annexation of land to the district before the
8-24 annexation.
8-25 SECTION 6. BOARD OF DIRECTORS. (a) The district is
8-26 governed by a board of directors composed of three persons who must
8-27 be at least 21 years old, be resident citizens of the State of
9-1 Texas, and either own land subject to taxation in the district or
9-2 be qualified voters within the district.
9-3 (b) The initial directors shall be appointed by the Texas
9-4 Natural Resource Conservation Commission on petition filed with the
9-5 commission and signed by a majority in value of the holders of
9-6 title of land within the district. The initial directors shall
9-7 serve until the first elected directors have qualified for office.
9-8 (c) On the first Saturday in May in the first even-numbered
9-9 year following the confirmation election, the board shall hold in
9-10 the district an election to elect one director to serve a two-year
9-11 term and two directors to serve four-year terms. Thereafter, on
9-12 the first Saturday in May in each following even-numbered year,
9-13 there shall be an election of one director in one election and two
9-14 directors in the next election in continued sequence. If uniform
9-15 election dates are changed so that the first Saturday of May is not
9-16 a uniform election date, the board shall call and hold elections on
9-17 a uniform election date.
9-18 (d) Two members of the board may fill a vacancy on the board
9-19 by appointment of a person to fill the vacancy for the unexpired
9-20 term. If at any time there are fewer than two qualified directors,
9-21 the Texas Natural Resource Conservation Commission shall appoint
9-22 the necessary number of persons to fill all vacancies on the board.
9-23 (e) Two directors constitute a quorum and a concurrence of
9-24 two is sufficient in all matters pertaining to the business of the
9-25 district.
9-26 (f) Chapter 54, Water Code, governs the administrative
9-27 matters relating to the district to the extent that the chapter is
10-1 not in conflict or inconsistent with this Act.
10-2 SECTION 7. CONFIRMATION ELECTION. The board shall call and
10-3 hold a confirmation election to confirm establishment of the
10-4 district in the time and manner provided by Chapter 54, Water Code.
10-5 The election may be called and held at the same time as a bond
10-6 election for the district. Subsection (a), Section 41.001,
10-7 Election Code, does not apply to a confirmation election held as
10-8 provided by this section.
10-9 SECTION 8. ASSESSMENT AUTHORITY. (a) The district may levy
10-10 an assessment against all taxable real property in the district for
10-11 the purpose of providing improvements, including purchasing,
10-12 constructing, acquiring, owning, operating, repairing, improving,
10-13 or extending any work, facility, plant, equipment, appliance, or
10-14 other improvement needed to accomplish the purposes of the
10-15 district.
10-16 (b) The district may assess property:
10-17 (1) equally by front foot or by square foot;
10-18 (2) according to the value of the property as the
10-19 board determines, with or without regard to improvements on the
10-20 property; or
10-21 (3) in any other manner that results in an equitable
10-22 distribution of assessments, with equal shares of the cost being
10-23 imposed on property similarly benefited.
10-24 (c) Before levying an assessment, the board shall adopt an
10-25 assessment plan as provided by this section.
10-26 (d) The board shall adopt a proposed assessment plan that
10-27 includes the improvements to be provided, the estimated cost of the
11-1 improvements, the amount of bonds or certificates of assessment to
11-2 be issued, the method of assessment, and a proposed assessment roll
11-3 stating the assessment against each parcel of land in the district,
11-4 as determined by the method of assessment the board chooses. The
11-5 district shall maintain on file and open to public inspection:
11-6 (1) an engineering report setting forth the proposed
11-7 improvements and their estimated costs, together with maps, plats,
11-8 profiles, and data fully showing and explaining the report; and
11-9 (2) the proposed assessment roll.
11-10 (e) The board shall hold a public hearing on the proposed
11-11 plan, which may be adjourned from time to time until the board
11-12 makes findings by resolution as to the advisability of the
11-13 improvements, the estimated cost of providing the improvements, the
11-14 amount of bonds or certificates of assessment to be issued, the
11-15 method of assessment, and the proposed assessment roll. The
11-16 district shall publish notice of the hearing once a week for two
11-17 consecutive weeks in a newspaper of general circulation in the
11-18 county in which the district is located, with the first publication
11-19 being at least 14 days before the day set for the hearing. The
11-20 district by mail shall send notice of the hearing to each owner of
11-21 real property in the district, as determined from the most recent
11-22 certified property tax rolls of the appraisal district in which the
11-23 property is located, at least 14 days before the day set for the
11-24 hearing. The notice must:
11-25 (1) include the date, time, and place of the hearing;
11-26 (2) include a description of the proposed
11-27 improvements;
12-1 (3) state the estimated cost of providing the
12-2 improvements;
12-3 (4) state the amount of bonds or certificates of
12-4 assessment to be issued;
12-5 (5) state the method of assessment;
12-6 (6) state that an engineering report and proposed
12-7 assessment roll are on file and open to public inspection and
12-8 identify where they may be inspected; and
12-9 (7) state that written or oral objections will be
12-10 considered at the hearing. The notice sent to a landowner by mail
12-11 must include also the amount of assessment estimated to be
12-12 apportioned to that owner's property.
12-13 (f) The failure of a property owner to receive notice of the
12-14 hearing and of the estimated assessment does not affect the
12-15 validity of the hearing or a subsequent assessment.
12-16 (g) Before the adjournment of the hearing, the board shall
12-17 hear and pass on any objection to the proposed assessment plan or
12-18 to a proposed assessment. The board may amend the proposed
12-19 assessment plan or a proposed assessment on any parcel at any time
12-20 before the adjournment. After hearing and passing on objections,
12-21 the board shall by order adopt a final assessment plan setting
12-22 forth the improvements to be constructed or acquired, the estimated
12-23 costs of providing the improvements, the amount of bonds or
12-24 certificates of assessment to be issued, the assessment roll, the
12-25 method of assessment, and the rate of interest on the assessment.
12-26 The district shall provide landowners the option of paying
12-27 assessments in periodic installments for the term of any bonds or
13-1 certificates of assessment issued by the district. The
13-2 installments must be in amounts necessary to pay the principal of
13-3 and interest on the bonds or certificates.
13-4 (h) The district may issue bonds or certificates of
13-5 assessment secured by a pledge of all or part of the funds received
13-6 by the district from the assessment. Bonds or certificates of
13-7 assessment, except refunding bonds and certificates, secured in
13-8 whole or in part by assessments, may not be issued by the district
13-9 until authorized by a majority vote of the resident electors of the
13-10 district voting in an election called and held for that purpose.
13-11 The election may be held on the same day as the confirmation
13-12 election. The election may be called by a separate election order
13-13 or as part of the confirmation election order. Bonds and
13-14 certificates of assessment, including refunding bonds and
13-15 certificates, may be issued only in the form and manner provided
13-16 by Chapter 54, Water Code, for the issuance of bonds secured by ad
13-17 valorem taxes to the extent Chapter 54 is consistent with this Act.
13-18 In addition to the requirements of Chapter 54, Water Code:
13-19 (1) notice of the election on the bonds or
13-20 certificates of assessment must contain the proposition to be voted
13-21 on, with the estimated costs of providing the improvements and the
13-22 method of assessment as provided by the final assessment plan; and
13-23 (2) the ballots must be printed to permit voting for
13-24 or against the issuance of the bonds or certificates of assessment,
13-25 as appropriate, and the levy of assessments equitably distributed
13-26 and adequate to provide for the payment of the bonds or
13-27 certificates of assessment.
14-1 (i) After adopting the final assessment plan, the board by
14-2 order shall levy the assessment as a special assessment on the
14-3 property in the district.
14-4 (j) The board by mail shall provide all landowners in the
14-5 district notice of the assessment levied on each owner's property.
14-6 The notice must state the amount of the assessment and the method
14-7 of payment. The validity of the assessment is not affected by the
14-8 failure of a landowner to receive the notice.
14-9 (k) After the levy of an assessment, a property owner may
14-10 appeal the assessment levied on the property to the board. The
14-11 property owner must file a notice of appeal with the board not
14-12 later than the 30th day after the date the assessment is levied by
14-13 the board. The board shall set a date to hear the appeal. The
14-14 property owner may appeal the board's decision on the assessment to
14-15 a court of competent jurisdiction. The property owner must file
14-16 notice of the appeal with the court of competent jurisdiction not
14-17 later than the 30th day after the date of the board's final
14-18 decision with respect to the assessment. Failure to file either of
14-19 the notices in the time required by this subsection results in a
14-20 loss of the right to appeal the assessment.
14-21 (l) After notice and hearing in the manner required for
14-22 original assessments, the board may make a new assessment or revise
14-23 an assessment to:
14-24 (1) correct omissions or mistakes in an assessment;
14-25 (2) reassess an assessment that is against a parcel of
14-26 land and that was set aside by a court; or
14-27 (3) preserve in any other manner equity of
15-1 distribution.
15-2 (m) The board may not make a change to the final assessment
15-3 plan that would impair the district's ability to meet all of the
15-4 district's outstanding obligations that are secured by and payable
15-5 from the assessment.
15-6 (n) An assessment and any interest, incurred expenses of
15-7 collection, and incurred reasonable attorney's fees are a first
15-8 lien against the assessed property until paid, on parity with ad
15-9 valorem tax liens and superior to all other liens. The owner of
15-10 assessed property is personally liable for the payment of the
15-11 assessment and may pay at any time the entire assessment, with
15-12 interest that has accrued on the assessment on any lot or parcel.
15-13 The lien is effective from the date the assessment is levied until
15-14 the date the total assessment for that property is paid, and the
15-15 district may enforce the lien in the same manner that the court
15-16 enforces an ad valorem tax lien. Liability for an assessment
15-17 passes with the property on a transfer of ownership.
15-18 (o) The district may issue and transfer, on terms and
15-19 conditions determined by the board, certificates of assessment for
15-20 each assessed lot or parcel. For a revised assessment, the
15-21 district shall provide a certificate of assessment reflecting any
15-22 change in the value of the original assessment. A certificate must
15-23 show the amount of the lien on the assessed property, the liability
15-24 of the property owner for the lien, the terms of payment, and the
15-25 terms and conditions of transfer of the certificate. The
15-26 certificate must state that the assessment was imposed, the
15-27 certificate was issued in accordance with the requirements of this
16-1 section, the certificate is not an obligation of a county in which
16-2 the district is located, and the certificate is not secured by a
16-3 pledge of the faith or credit of a county in which the district is
16-4 located. A certificate is prima facie evidence of all of the
16-5 matters shown on the certificate. The holder of the certificate
16-6 may enforce the assessment in the same manner as the district may
16-7 enforce assessments made under this section.
16-8 (p) A person who sells or conveys real property in the
16-9 district shall supplement the notice to purchaser required by
16-10 Section 50.301, Water Code, to include the following statement:
16-11 "The district has the authority to levy assessments and may,
16-12 subject to voter approval, issue bonds or certificates of
16-13 assessment and levy assessments in payment of such bonds or
16-14 certificates of assessment. As of this date, the amount of
16-15 assessments levied by the district is $__________, and the
16-16 assessment on the property you are about to purchase is $_____. An
16-17 unpaid assessment is a personal obligation of the person that owned
16-18 the property at the time the assessment was levied by the district
16-19 and is secured by a lien on the property. Any person may request a
16-20 certificate from the district stating the amount, if any, of unpaid
16-21 assessments on a tract of property in the district."
16-22 SECTION 9. ADDITIONAL AUTHORITY. (a) The district may
16-23 purchase, acquire, construct, own, operate, maintain, repair,
16-24 rebuild, add to, improve, or extend inside or outside its
16-25 boundaries macadamized, graveled, or paved roads for the benefit of
16-26 the district.
16-27 (b) The district may:
17-1 (1) reimburse a private individual or entity for money
17-2 spent to purchase, acquire, construct, repair, improve, or extend a
17-3 road or improvement that will benefit the district and that has
17-4 been or will be dedicated to or otherwise used by the public; or
17-5 (2) purchase a road or improvement constructed or
17-6 acquired by a private individual or entity that will benefit the
17-7 district, whether the road or improvement is constructed before or
17-8 after the district is created.
17-9 (c) The district may:
17-10 (1) issue bonds, notes, and other obligations, or
17-11 otherwise lend its credit, for the purpose of purchasing,
17-12 acquiring, constructing, owning, operating, maintaining, repairing,
17-13 rebuilding, adding to, improving, or extending macadamized,
17-14 graveled, or paved roads or in aid of these purposes; and
17-15 (2) levy and collect ad valorem taxes to pay interest
17-16 on the bonds and provide a sinking fund for the redemption of the
17-17 bonds, as contemplated and authorized by Section 52, Article III,
17-18 Texas Constitution.
17-19 (d) The district may not issue bonds secured by taxes under
17-20 Subsection (c) of this section in an amount that exceeds one-fourth
17-21 of the assessed valuation of real property in the district. The
17-22 district may not issue bonds secured by taxes under Subsection (c)
17-23 of this section until the bonds are authorized by a two-thirds
17-24 majority vote of individuals qualified to vote and actually voting
17-25 in the area within the boundaries of the district at an election
17-26 called for that purpose.
17-27 (e) The election required by Subsection (d) of this section
18-1 shall be held in the manner provided by Chapter 54, Water Code, for
18-2 elections on bonds secured by ad valorem taxes, to the extent that
18-3 manner is consistent with this Act.
18-4 (f) The district may issue bonds or certificates of
18-5 assessment secured by assessments, in the manner and form provided
18-6 by Section 8 of this Act, for the purpose of purchasing, acquiring,
18-7 constructing, owning, operating, maintaining, repairing,
18-8 rebuilding, adding to, improving, or extending macadamized,
18-9 graveled, or paved roads or in aid of these purposes.
18-10 (g) The board has the powers provided by Subchapter J,
18-11 Chapter 54, Water Code, notwithstanding the acreage requirements of
18-12 Subsection (a), Section 54.801, Water Code, to define areas or
18-13 designate certain property of the district to pay for improvements,
18-14 facilities, or services that primarily benefit that area.
18-15 Subchapter J, Chapter 54, Water Code, to the extent not
18-16 inconsistent with this Act, applies to the board's exercise of its
18-17 powers under this subsection.
18-18 (h) The board may adopt the powers of a road utility
18-19 district operating under Chapter 13, Acts of the 68th Legislature,
18-20 2nd Called Session, 1984 (Article 6674r-1, Vernon's Texas Civil
18-21 Statutes). Chapter 13, Acts of the 68th Legislature, 2nd Called
18-22 Session, 1984 (Article 6674r-1, Vernon's Texas Civil Statutes), to
18-23 the extent not inconsistent with the Water Code and the general
18-24 laws of this state applicable to the district, applies to the
18-25 board's exercise of its powers under this subsection.
18-26 (i) Following the purchase, acquisition, or construction of
18-27 a road, or the necessary repair, rebuilding, adding to, improving,
19-1 or extending of a road that is in the district at the time the
19-2 district is created, the district shall request:
19-3 (1) that the county in which the district is located
19-4 accept the road for maintenance; or
19-5 (2) that the county enter into an interlocal agreement
19-6 with the district providing for the county to maintain the road.
19-7 SECTION 10. EMERGENCY. The importance of this legislation
19-8 and the crowded condition of the calendars in both houses create an
19-9 emergency and an imperative public necessity that the
19-10 constitutional rule requiring bills to be read on three several
19-11 days in each house be suspended, and this rule is hereby suspended,
19-12 and that this Act take effect and be in force from and after its
19-13 passage, and it is so enacted.