1-1 By: Nelson S.B. No. 1607
1-2 (In the Senate - Filed March 21, 1995; March 22, 1995, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; March 30, 1995, reported favorably by the following
1-5 vote: Yeas 11, Nays 0; March 30, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the creation, boundaries, purposes, powers, duties,
1-9 functions, authority, and financing of the Southwest Denton County
1-10 Road and Utility District.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. CREATION OF DISTRICT. Southwest Denton County
1-13 Road and Utility District is created under Section 59, Article XVI,
1-14 and Section 52, Article III, Texas Constitution, as a conservation
1-15 and reclamation district and a road district. The district is a
1-16 governmental agency, a body politic and corporate, and a political
1-17 subdivision of this state.
1-18 SECTION 2. BOUNDARIES. The district includes the territory
1-19 contained in the following area:
1-20 TRACT 1
1-21 All that certain lot, tract or parcel of land located in the
1-22 M.E.P.&P. RR. SURVEY, Abstract 906 and the A. ROBINSON SURVEY,
1-23 Abstract 1119, both in Denton County, Texas, being part of a called
1-24 430.50 acre tract conveyed to the Claretian Theological Seminary,
1-25 according to the deed recorded in Volume 453, Page 353, Deed
1-26 Records, Denton County, Texas (D.R., D.Co., Tx.), being all of that
1-27 certain Substitute Trustee's Deed and Bill of Sale to Pacific
1-28 Southwest Bank, F.S.B., by deed recorded in Volume 3093, Page 490,
1-29 D.R., D.Co., Tx., and being more particularly described by metes
1-30 and bounds as follows:
1-31 BEGINNING at a 3/4 inch iron pin found in the North line of
1-32 Henrietta Creek Road (County Road) for the common Southeast corner
1-33 of aforesaid 430.50 acres and called (200.036 acres) Substitute
1-34 Trustee's Deed, said corner being by description South 00 degrees
1-35 15 minutes 00 seconds East 2348-30/100 feet from the Southeast
1-36 corner of Lot 55, BROOKSTONE I, an addition to Denton County,
1-37 according to the plat recorded in Cabinet E, Slide 365, Map
1-38 Records, Denton County, Texas;
1-39 THENCE with the common South line of said Substitute
1-40 Trustee's Deed and North line of Henrietta Creek Road, North 89
1-41 degrees 22 minutes 11 seconds West 1692-60/100 feet to a 5/8 inch
1-42 iron pin found for corner;
1-43 THENCE departing said road, with a common Southwest line of
1-44 this tract and a Northeast line of Henrietta Creek Estates
1-45 (unrecorded addition) and generally with a fence, North 41 degrees
1-46 01 minute 10 seconds West 114-08/100 feet to a 5/8 inch iron pin
1-47 found and North 40 degrees 30 minutes 23 seconds West 2709-44/100
1-48 feet to a 3/4 inch iron pin found for the common corner of
1-49 aforesaid 430.50 acres and this tract;
1-50 THENCE departing said limits of 430.50 acres, with the lines
1-51 of aforementioned Substitute Trustee's Deed, and generally with a
1-52 fence, the following:
1-53 North 17 degrees 16 minutes 57 seconds East 917-97/100
1-54 feet to a 5/8 inch iron pin found,
1-55 North 89 degrees 45 minutes 16 seconds East 89-20/100
1-56 feet to a 5/8 inch iron pin found,
1-57 North 61 degrees 27 minutes 43 seconds East 964-13/100
1-58 feet to a 1/2 inch iron pin found, and
1-59 North 89 degrees 45 minutes 04 seconds East 1013-57/100
1-60 feet to a 3/4 inch iron pin found;
1-61 THENCE departing said fence and partway with a line common to
1-62 aforementioned BROOKSTONE I, South 28 degrees 31 minutes 38 seconds
1-63 East 995-56/100 feet to an "X" cut in concrete street for corner;
1-64 THENCE South 58 degrees 56 minutes 49 seconds East 957-17/100
1-65 feet to a 5/8 inch iron pin found for corner near a fence, another
1-66 5/8 inch iron pin found bears North 00 degrees 15 minutes West
1-67 3-27/100 fee;
1-68 THENCE with the common East line of aforementioned 430.50
2-1 acres and Substitute Trustee's Deed and generally with a fence,
2-2 South 00 degrees 15 minutes 00 seconds East 2138-27/100 feet to the
2-3 place of beginning and containing some 200-005/1000 acres of land.
2-4 TRACT 2
2-5 Parts of the M.E.P. & P. R.R. Co. Survey, Abstract No. 906
2-6 and the A. Robinson Survey, Abstract no. 1119, situated in the
2-7 southeast part of Denton County, Texas; and embracing the tract
2-8 described in the deed to R.S.R. Investments, recorded in volume
2-9 1609, page 55 of the Denton County Deed Records as its west line is
2-10 described in the Boundary Line Agreement recorded in volume 1989,
2-11 page 266 of the said Deed Records and a portion of said R.S.R.
2-12 tract appears as BROOKSTONE 1, an addition in said county recorded
2-13 in Cabinet E, page 356 of the Denton County Plat Records.
2-14 Beginning at a 1/2" iron rod for the northeast corner of said
2-15 R.S.R. tract in a line for the south line of Litsey Road and being,
2-16 by deed call, the northeast corner of the 430-50/100 acres tract
2-17 described in the deed to Claretian Theological Seminary recorded in
2-18 volume 453, page 353 of the said Deed Records.
2-19 Thence south no degrees-56 minutes-23 seconds east, along the
2-20 east line of said R.S.R. tract, 199-54/100 feet to a 3/4" iron rod.
2-21 Thence south no degrees-11 minutes-16 seconds east,
2-22 continuing along said east line of R.S.R. tract, at 1362-22/100
2-23 feet to a 3/4" iron rod.
2-24 Thence south no degrees-15 minutes-11 seconds east,
2-25 continuing along said east line of R.S.R. tract, at 1580-46/100
2-26 feet pass the southeast corner of said BROOKSTONE 1 Addition and
2-27 continue in all, 1791-18/100 feet to a 5/8" iron rod for the
2-28 southeast corner of said R.S.R. tract.
2-29 Thence north 58 degrees-57 minutes-29 seconds west, along a
2-30 south line of said R.S.R. tract, 957-14/100 feet to a mark "Y" in
2-31 concrete.
2-32 Thence north 28 degrees-33 minutes-21 seconds west, along a
2-33 southwest line of said R.S.R. tract, 1476-37/100 feet to a 1/2"
2-34 iron rod for the westerly southwest corner of said tract.
2-35 Thence north 61 degrees-25 minutes-45 seconds east, along a
2-36 northwest line of said R.S.R. tract, 232-04/100 feet to a 5/8" iron
2-37 rod at the south terminus of the line described in the said
2-38 Boundary Line Agreement recorded in said volume 1989, page 266 of
2-39 the said Deed Records.
2-40 Thence northerly along the said line described in the
2-41 Boundary Line Agreement:
2-42 along a curve to the right with a radius of 317-64/100
2-43 feet a distance of 177-82/100 feet to a 1/2" iron rod
2-44 at its end, the chord of said 177-82/100 feet arc is
2-45 north 2 degrees-44 minutes-14 seconds west 175-51/100
2-46 feet;
2-47 north 13 degrees-18 minutes-02 seconds east 177-17/100
2-48 feet to a 1/2" iron rod at the beginning of a curve to
2-49 the left with a radius of 534-88/100 feet;
2-50 then along said curve to the left 225-08/100 feet to a
2-51 1/2" iron rod at its end and the beginning of a curve
2-52 to the right with a radius of 232-94/100 feet, the
2-53 chord of said 225-08/100 feet arc is north 1 degree-14
2-54 minutes-44 seconds east 223-42/100 feet;
2-55 then along said curve to the right 238-44/100 feet to a
2-56 1/2" iron rod at its end, the chord of said 238-44/100
2-57 feet arc is north 18 degrees-30 minutes-56 seconds east
2-58 228-17/100 feet; north 47 degrees-50 minutes-25 seconds
2-59 east 119-99/100 feet to a 1/2" iron rod at the
2-60 beginning of a curve to the left with a radius of
2-61 87-99/100 feet;
2-62 then along said curve to the left 70-54/100 feet to a
2-63 1/2" iron at its end, the chord of said 70-54/100 feet
2-64 arc is north 24 degrees-52 minutes-27 seconds east
2-65 68-66/100 feet;
2-66 north 1 degrees-54 minutes-30 seconds east 21-31/100
2-67 feet to a 1/2" iron rod at the beginning of a curve to
2-68 the right with a radius of 648-01/100 feet;
2-69 then along said curve to the right 162-71/100 feet to a
2-70 1/2" iron rod at its end, the chord of said 162-71/100
3-1 feet arc is north 9 degrees-06 minutes-06 seconds east
3-2 162-29/100 feet; north 16 degrees-17 minutes-42 seconds
3-3 east 78-09/100 feet to a 1/2" iron rod at the beginning
3-4 of a curve to the right with a radius of 150-83/100
3-5 feet;
3-6 then along said curve to the right 56-74/100 feet to a
3-7 1/2" iron rod at its end, the chord of said 56-74/100
3-8 feet arc is north 27 degrees-04 minutes-21 seconds east
3-9 56-41/100 feet; north 37 degrees-51 minutes-01 seconds
3-10 east 25-19/100 feet to a 1/2" iron rod at the beginning
3-11 of a curve to the left with a radius of 205-56/100
3-12 feet;
3-13 then along said curve to the left 27-98/100 feet to a
3-14 1/2" iron rod at its end and the beginning of another
3-15 curve to the left with a radius of 24-89/100 feet, the
3-16 chord of said 27-98/100 feet arc is north 33 degrees-57
3-17 minutes-04 seconds east 27-96/100 feet;
3-18 then along said curve to the left 13-72/100 feet to a
3-19 1/2" iron rod at its end and the beginning of another
3-20 curve to the left with a radius of 517-20/100 feet, the
3-21 chord of said 13-72/100 feet arc is north 14 degrees-15
3-22 minutes-14 seconds east 13-55/100 feet;
3-23 then along said curve to the left 71-72/100 feet to a
3-24 1/2" iron rod at its end, the chord of said 71-72/100
3-25 feet arc is north 5 degrees-30 minutes-58 seconds west
3-26 71-66/100 feet; and north 9 degrees-29 minutes-19
3-27 seconds west 95-15/100 feet to a mark "Y" on top of
3-28 concrete column for the northwest corner of said R.S.R.
3-29 tract in a line for the south line of said Litsey Road.
3-30 Thence south 89 degrees-35 minutes-54 seconds east, along the
3-31 north line of said R.S.R. tract, 993-11/100 feet to the place of
3-32 beginning and containing 82-332/1000 acres.
3-33 SECTION 3. DEFINITIONS. In this Act:
3-34 (1) "Board" means the board of directors of the
3-35 district.
3-36 (2) "District" means the Southwest Denton County Road
3-37 and Utility District.
3-38 SECTION 4. LEGISLATIVE FINDINGS. (a) The legislature finds
3-39 that the purposes of Section 59, Article XVI, and Section 52,
3-40 Article III, Texas Constitution, will be accomplished by the
3-41 creation of the district and that all land and other property
3-42 included within the district's boundaries will be benefited by the
3-43 works and projects to be accomplished by the district, and that the
3-44 district is created to serve a public use and benefit.
3-45 (b) The legislature further finds that the boundaries and
3-46 field notes of the district form a closure, and that if there is
3-47 any mistake in the recorded description of the boundary
3-48 description, the mistake does not affect the organization,
3-49 existence, and validity of the district, the right of the district
3-50 to levy and collect taxes, or the legality or operation of the
3-51 district or its governing body in the exercise of any powers,
3-52 functions, purposes, or authority provided by this Act.
3-53 (c) The legislature further finds that the requirements of
3-54 Sections 59(d) and (e), Article XVI, Texas Constitution, have been
3-55 met and that the legislature has the authority to enact this Act.
3-56 SECTION 5. GENERAL POWERS. (a) The district may exercise
3-57 all of the rights, powers, privileges, authority, and functions
3-58 conferred by Section 59, Article XVI, and Section 52, Article III,
3-59 Texas Constitution, and the general laws of this state, including
3-60 Chapters 50 and 54, Water Code, applicable to municipal utility
3-61 districts created under Section 59, Article XVI, Texas
3-62 Constitution. This Act prevails over any provision of the general
3-63 law that is in conflict with or inconsistent with this Act.
3-64 (b) Those rights, powers, privileges, authority, functions,
3-65 and duties of the district subject to the continuing right of
3-66 supervision of the state shall be so exercised by and through the
3-67 Texas Natural Resource Conservation Commission. The Texas Natural
3-68 Resource Conservation Commission shall have authority over district
3-69 bonds and projects as provided by Sections 50.107, 54.516, and
3-70 54.517, Water Code.
4-1 (c) The district may annex or exclude territory as provided
4-2 by Subchapter H, Chapter 54, Water Code; however, the governing
4-3 body of the City of Fort Worth, by ordinance or resolution, must
4-4 consent to an annexation of land to the district before the
4-5 annexation.
4-6 SECTION 6. BOARD OF DIRECTORS. (a) The district is
4-7 governed by a board of directors composed of three persons who must
4-8 be at least 21 years old, be resident citizens of the State of
4-9 Texas, and either own land subject to taxation in the district or
4-10 be qualified voters within the district.
4-11 (b) The initial directors shall be appointed by the Texas
4-12 Natural Resource Conservation Commission on petition filed with the
4-13 commission and signed by a majority in value of the holders of
4-14 title of land within the district. The initial directors shall
4-15 serve until the first elected directors have qualified for office.
4-16 (c) On the first Saturday in May in the first even-numbered
4-17 year following the confirmation election, the board shall hold in
4-18 the district an election to elect one director to serve a two-year
4-19 term and two directors to serve four-year terms. Thereafter, on
4-20 the first Saturday in May in each following even-numbered year,
4-21 there shall be an election of one director in one election and two
4-22 directors in the next election in continued sequence. If uniform
4-23 election dates are changed so that the first Saturday of May is not
4-24 a uniform election date, the board shall call and hold elections on
4-25 a uniform election date.
4-26 (d) Two members of the board may fill a vacancy on the board
4-27 by appointment of a person to fill the vacancy for the unexpired
4-28 term. If at any time there are fewer than two qualified directors,
4-29 the Texas Natural Resource Conservation Commission shall appoint
4-30 the necessary number of persons to fill all vacancies on the board.
4-31 (e) Two directors constitute a quorum and a concurrence of
4-32 two is sufficient in all matters pertaining to the business of the
4-33 district.
4-34 (f) Chapter 54, Water Code, governs the administrative
4-35 matters relating to the district to the extent that the chapter is
4-36 not in conflict or inconsistent with this Act.
4-37 SECTION 7. CONFIRMATION ELECTION. The board shall call and
4-38 hold a confirmation election to confirm establishment of the
4-39 district in the time and manner provided by Chapter 54, Water Code.
4-40 The election may be called and held at the same time as a bond
4-41 election for the district. Subsection (a), Section 41.001,
4-42 Election Code, does not apply to a confirmation election held as
4-43 provided by this section.
4-44 SECTION 8. ASSESSMENT AUTHORITY. (a) The district may levy
4-45 an assessment against all taxable real property in the district for
4-46 the purpose of providing improvements, including purchasing,
4-47 constructing, acquiring, owning, operating, repairing, improving,
4-48 or extending any work, facility, plant, equipment, appliance, or
4-49 other improvement needed to accomplish the purposes of the
4-50 district.
4-51 (b) The district may assess property:
4-52 (1) equally by front foot or by square foot;
4-53 (2) according to the value of the property as the
4-54 board determines, with or without regard to improvements on the
4-55 property; or
4-56 (3) in any other manner that results in an equitable
4-57 distribution of assessments, with equal shares of the cost being
4-58 imposed on property similarly benefited.
4-59 (c) Before levying an assessment, the board shall adopt an
4-60 assessment plan as provided by this section.
4-61 (d) The board shall adopt a proposed assessment plan that
4-62 includes the improvements to be provided, the estimated cost of the
4-63 improvements, the amount of bonds or certificates of assessment to
4-64 be issued, the method of assessment, and a proposed assessment roll
4-65 stating the assessment against each parcel of land in the district,
4-66 as determined by the method of assessment the board chooses. The
4-67 district shall maintain on file and open to public inspection:
4-68 (1) an engineering report setting forth the proposed
4-69 improvements and their estimated costs, together with maps, plats,
4-70 profiles, and data fully showing and explaining the report; and
5-1 (2) the proposed assessment roll.
5-2 (e) The board shall hold a public hearing on the proposed
5-3 plan, which may be adjourned from time to time until the board
5-4 makes findings by resolution as to the advisability of the
5-5 improvements, the estimated cost of providing the improvements, the
5-6 amount of bonds or certificates of assessment to be issued, the
5-7 method of assessment, and the proposed assessment roll. The
5-8 district shall publish notice of the hearing once a week for two
5-9 consecutive weeks in a newspaper of general circulation in the
5-10 county in which the district is located, with the first publication
5-11 being at least 14 days before the day set for the hearing. The
5-12 district by mail shall send notice of the hearing to each owner of
5-13 real property in the district, as determined from the most recent
5-14 certified property tax rolls of the appraisal district in which the
5-15 property is located, at least 14 days before the day set for the
5-16 hearing. The notice must:
5-17 (1) include the date, time, and place of the hearing;
5-18 (2) include a description of the proposed
5-19 improvements;
5-20 (3) state the estimated cost of providing the
5-21 improvements;
5-22 (4) state the amount of bonds or certificates of
5-23 assessment to be issued;
5-24 (5) state the method of assessment;
5-25 (6) state that an engineering report and proposed
5-26 assessment roll are on file and open to public inspection and
5-27 identify where they may be inspected; and
5-28 (7) state that written or oral objections will be
5-29 considered at the hearing. The notice sent to a landowner by mail
5-30 must include also the amount of assessment estimated to be
5-31 apportioned to that owner's property.
5-32 (f) The failure of a property owner to receive notice of the
5-33 hearing and of the estimated assessment does not affect the
5-34 validity of the hearing or a subsequent assessment.
5-35 (g) Before the adjournment of the hearing, the board shall
5-36 hear and pass on any objection to the proposed assessment plan or
5-37 to a proposed assessment. The board may amend the proposed
5-38 assessment plan or a proposed assessment on any parcel at any time
5-39 before the adjournment. After hearing and passing on objections,
5-40 the board shall by order adopt a final assessment plan setting
5-41 forth the improvements to be constructed or acquired, the estimated
5-42 costs of providing the improvements, the amount of bonds or
5-43 certificates of assessment to be issued, the assessment roll, the
5-44 method of assessment, and the rate of interest on the assessment.
5-45 The district may provide for assessments to be paid in periodic
5-46 installments in amounts necessary to pay the principal of and
5-47 interest on bonds or certificates of assessment as they accrue.
5-48 (h) The district may issue bonds or certificates of
5-49 assessment secured by a pledge of all or part of the funds received
5-50 by the district from the assessment. Bonds or certificates of
5-51 assessment, except refunding bonds and certificates, secured in
5-52 whole or in part by assessments, may not be issued by the district
5-53 until authorized by a majority vote of the resident electors of the
5-54 district voting in an election called and held for that purpose.
5-55 The election may be held on the same day as the confirmation
5-56 election. The election may be called by a separate election order
5-57 or as part of the confirmation election order. Bonds and
5-58 certificates of assessment, including refunding bonds and
5-59 certificates, may be issued only in the form and manner provided
5-60 by Chapter 54, Water Code, for the issuance of bonds secured by ad
5-61 valorem taxes to the extent Chapter 54 is consistent with this Act.
5-62 In addition to the requirements of Chapter 54, Water Code:
5-63 (1) notice of the election on the bonds or
5-64 certificates of assessment must contain the proposition to be voted
5-65 on, with the estimated costs of providing the improvements and the
5-66 method of assessment as provided by the final assessment plan; and
5-67 (2) the ballots must be printed to permit voting for
5-68 or against the issuance of the bonds or certificates of assessment,
5-69 as appropriate, and the levy of assessments equitably distributed
5-70 and adequate to provide for the payment of the bonds or
6-1 certificates of assessment.
6-2 (i) After adopting the final assessment plan, the board by
6-3 order shall levy the assessment as a special assessment on the
6-4 property in the district.
6-5 (j) The board by mail shall provide all landowners in the
6-6 district notice of the assessment levied on each owner's property.
6-7 The notice must state the amount of the assessment and the method
6-8 of payment. The validity of the assessment is not affected by the
6-9 failure of a landowner to receive the notice.
6-10 (k) After the levy of an assessment, a property owner may
6-11 appeal the assessment levied on the property to the board. The
6-12 property owner must file a notice of appeal with the board not
6-13 later than the 30th day after the date the assessment is levied by
6-14 the board. The board shall set a date to hear the appeal. The
6-15 property owner may appeal the board's decision on the assessment to
6-16 a court of competent jurisdiction. The property owner must file
6-17 notice of the appeal with the court of competent jurisdiction not
6-18 later than the 30th day after the date of the board's final
6-19 decision with respect to the assessment. Failure to file either of
6-20 the notices in the time required by this subsection results in a
6-21 loss of the right to appeal the assessment.
6-22 (l) After notice and hearing in the manner required for
6-23 original assessments, the board may make a new assessment or revise
6-24 an assessment to:
6-25 (1) correct omissions or mistakes in an assessment;
6-26 (2) reassess an assessment that is against a parcel of
6-27 land and that was set aside by a court; or
6-28 (3) preserve in any other manner equity of
6-29 distribution.
6-30 (m) The board may not make a change to the final assessment
6-31 plan that would impair the district's ability to meet all of the
6-32 district's outstanding obligations that are secured by and payable
6-33 from the assessment.
6-34 (n) An assessment and any interest, incurred expenses of
6-35 collection, and incurred reasonable attorney's fees are a first
6-36 lien against the assessed property until paid, on parity with ad
6-37 valorem tax liens and superior to all other liens. The owner of
6-38 assessed property is personally liable for the payment of the
6-39 assessment and may pay at any time the entire assessment, with
6-40 interest that has accrued on the assessment on any lot or parcel.
6-41 The lien is effective from the date the assessment is levied until
6-42 the date the total assessment for that property is paid, and the
6-43 district may enforce the lien in the same manner that the court
6-44 enforces an ad valorem tax lien. Liability for an assessment
6-45 passes with the property on a transfer of ownership.
6-46 (o) The district may issue and transfer, on terms and
6-47 conditions determined by the board, certificates of assessment for
6-48 each assessed lot or parcel. For a revised assessment, the
6-49 district shall provide a certificate of assessment reflecting any
6-50 change in the value of the original assessment. A certificate must
6-51 show the amount of the lien on the assessed property, the liability
6-52 of the property owner for the lien, the terms of payment, and the
6-53 terms and conditions of transfer of the certificate. The
6-54 certificate must state that the assessment was imposed, the
6-55 certificate was issued in accordance with the requirements of this
6-56 section, the certificate is not an obligation of a county in which
6-57 the district is located, and the certificate is not secured by a
6-58 pledge of the faith or credit of a county in which the district is
6-59 located. A certificate is prima facie evidence of all of the
6-60 matters shown on the certificate. The holder of the certificate
6-61 may enforce the assessment in the same manner as the district may
6-62 enforce assessments made under this section.
6-63 (p) A person who sells or conveys real property in the
6-64 district shall supplement the notice to purchaser required by
6-65 Section 50.301, Water Code, to include the following statement:
6-66 "The district has the authority to levy assessments and may,
6-67 subject to voter approval, issue bonds or certificates of
6-68 assessment and levy assessments in payment of such bonds or
6-69 certificates of assessment. As of this date, the amount of
6-70 assessments levied by the district is $__________, and the
7-1 assessment on the property you are about to purchase is $_____. An
7-2 unpaid assessment is a personal obligation of the person that owned
7-3 the property at the time the assessment was levied by the district
7-4 and is secured by a lien on the property. Any person may request a
7-5 certificate from the district stating the amount, if any, of unpaid
7-6 assessments on a tract of property in the district."
7-7 SECTION 9. ADDITIONAL AUTHORITY. (a) The district may
7-8 purchase, acquire, construct, own, operate, maintain, repair,
7-9 rebuild, add to, improve, or extend inside or outside its
7-10 boundaries macadamized, graveled, or paved roads for the benefit of
7-11 the district.
7-12 (b) The district may:
7-13 (1) reimburse a private individual or entity for money
7-14 spent to purchase, acquire, construct, repair, improve, or extend a
7-15 road or improvement that will benefit the district and that has
7-16 been or will be dedicated to or otherwise used by the public; or
7-17 (2) purchase a road or improvement constructed or
7-18 acquired by a private individual or entity that will benefit the
7-19 district, whether the road or improvement is constructed before or
7-20 after the district is created.
7-21 (c) The district may:
7-22 (1) issue bonds, notes, and other obligations, or
7-23 otherwise lend its credit, for the purpose of purchasing,
7-24 acquiring, constructing, owning, operating, maintaining, repairing,
7-25 rebuilding, adding to, improving, or extending macadamized,
7-26 graveled, or paved roads or in aid of these purposes; and
7-27 (2) levy and collect ad valorem taxes to pay interest
7-28 on the bonds and provide a sinking fund for the redemption of the
7-29 bonds, as contemplated and authorized by Section 52, Article III,
7-30 Texas Constitution.
7-31 (d) The district may not issue bonds secured by taxes under
7-32 Subsection (c) of this section in an amount that exceeds one-fourth
7-33 of the assessed valuation of real property in the district. The
7-34 district may not issue bonds secured by taxes under Subsection (c)
7-35 of this section until the bonds are authorized by a two-thirds
7-36 majority vote of individuals qualified to vote and actually voting
7-37 in the area within the boundaries of the district at an election
7-38 called for that purpose.
7-39 (e) The election required by Subsection (d) of this section
7-40 shall be held in the manner provided by Chapter 54, Water Code, for
7-41 elections on bonds secured by ad valorem taxes, to the extent that
7-42 manner is consistent with this Act.
7-43 (f) The district may issue bonds or certificates of
7-44 assessment secured by assessments, in the manner and form provided
7-45 by Section 8 of this Act, for the purpose of purchasing, acquiring,
7-46 constructing, owning, operating, maintaining, repairing,
7-47 rebuilding, adding to, improving, or extending macadamized,
7-48 graveled, or paved roads or in aid of these purposes.
7-49 (g) The board has the powers provided by Subchapter J,
7-50 Chapter 54, Water Code, notwithstanding the acreage requirements of
7-51 Subsection (a), Section 54.801, Water Code, to define areas or
7-52 designate certain property of the district to pay for improvements,
7-53 facilities, or services that primarily benefit that area.
7-54 Subchapter J, Chapter 54, Water Code, to the extent not
7-55 inconsistent with this Act, applies to the board's exercise of its
7-56 powers under this subsection.
7-57 (h) The board may adopt the powers of a road utility
7-58 district operating under Chapter 13, Acts of the 68th Legislature,
7-59 2nd Called Session, 1984 (Article 6674r-1, Vernon's Texas Civil
7-60 Statutes). Chapter 13, Acts of the 68th Legislature, 2nd Called
7-61 Session, 1984 (Article 6674r-1, Vernon's Texas Civil Statutes), to
7-62 the extent not inconsistent with the Water Code and the general
7-63 laws of this state applicable to the district, applies to the
7-64 board's exercise of its powers under this subsection.
7-65 SECTION 10. EMERGENCY. The importance of this legislation
7-66 and the crowded condition of the calendars in both houses create an
7-67 emergency and an imperative public necessity that the
7-68 constitutional rule requiring bills to be read on three several
7-69 days in each house be suspended, and this rule is hereby suspended,
7-70 and that this Act take effect and be in force from and after its
8-1 passage, and it is so enacted.
8-2 * * * * *