80R11537 HLT-F

By: Paxton H.B. No. 4054

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Stover Creek Municipal Utility District; providing authority to impose a tax and issue bonds; granting the power of eminent domain.

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 8243 to read as follows: CHAPTER 8243. STOVER CREEK MUNICIPAL UTILITY DISTRICT SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8243.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Director" means a board member.

(3) "District" means the Stover Creek Municipal Utility District.

Sec. 8243.002. NATURE OF DISTRICT. (a) The district is a municipal utility district created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

(b) The district, to the extent authorized by Section 8243.103 and Section 52, Article III, Texas Constitution, has road powers.

Sec. 8243.003. CONFIRMATION ELECTION REQUIRED. The board shall hold an election to confirm the creation of the district as provided by Section 49.102, Water Code.

Sec. 8243.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All land and other property in the district will benefit from the improvements and services to be provided by the district.

Sec. 8243.005. INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter.

(b) The boundaries and field notes contained in Section 2 of the Act creating this chapter form a closure. A mistake 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 a purpose for which the district is created or to pay the principal of and interest on the bond;

(3) right to impose an assessment or tax; or

(4) legality or operation. [Sections 8243.006-8243.050 reserved for expansion] SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 8243.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Directors serve staggered four-year terms.

Sec. 8243.052. INITIAL DIRECTORS. (a) The initial board consists of:

(1) ____________;

(2) ____________;

(3) ____________;

(4) ____________; and

(5) ____________.

(b) Unless the initial board agrees otherwise, the initial directors shall draw lots to determine which two shall serve until the first regularly scheduled election of directors and which three shall serve until the second regularly scheduled election of directors.

(c) This section expires September 1, 2014. [Sections 8243.053-8243.100 reserved for expansion] SUBCHAPTER C. POWERS AND DUTIES

Sec. 8243.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 8243.102. 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. 8243.103. ROAD PROJECTS. (a) Under Section 52, Article III, Texas Constitution, the district may construct, acquire, maintain, or operate macadamized, graveled, or paved roads or improvements in aid of those roads.

(b) A road project must meet all applicable standards, regulations, ordinances, or orders of:

(1) each municipality in whose corporate limits or extraterritorial jurisdiction the road project is located; and

(2) each county in which the road project is located, if the road project is not located in the corporate limits of a municipality.

Sec. 8243.104. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION. The district shall comply with all applicable requirements of any ordinance or resolution, adopted by the governing body of a municipality under Section 54.016, Water Code, that consents to the creation of the district or to the inclusion of land in the district.

Sec. 8243.105. DIVISION OF DISTRICT. (a) The district may be divided into two new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) The board may adopt an order dividing the district on the board's own motion or after receipt of a petition signed by the owners of a majority of the assessed value of real property in the district according to the most recent certified appraisal roll for each county in which the district is located.

(c) An order dividing the district must:

(1) name each new district;

(2) describe the boundaries of each new district by metes and bounds;

(3) appoint initial directors for each new district; and

(4) divide the assets and liabilities among the new districts.

(d) Not later than the 30th day after the date the board adopts the order, the district shall file the order with the Texas Commission on Environmental Quality and record the order in the real property records of each county in which each district is located.

(e) Each new district created under this section:

(1) shall hold an election to confirm the creation of the new district and to elect directors as provided by Section 49.102, Water Code;

(2) has all the powers and duties of the district; and

(3) may not, at the time the new district is created, contain any land outside the area described by Section 2 of the Act creating this chapter. [Sections 8243.106-8243.150 reserved for expansion] SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8243.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The district may issue, without an election, bonds and other obligations secured by revenue or contract payments from a source other than ad valorem taxation.

(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 district voters voting at an election held for that purpose.

Sec. 8243.152. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 8243.151, the district may impose an operation and maintenance tax on taxable property in the district as provided by Chapter 49.107, Water Code.

(b) The board shall determine the tax rate. The rate may not exceed the rate approved at the election. [Sections 8243.153-8243.200 reserved for expansion] SUBCHAPTER E. BONDS

Sec. 8243.201. 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, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.

Sec. 8243.202. BONDS FOR ROAD PROJECTS. At the time of issuance, the total principal amount of a bond, note, or other obligation issued or incurred to finance a road project may not exceed one-fourth of the assessed value of real property in the district.

Sec. 8243.203. TAXES FOR BONDS AND OTHER OBLIGATIONS. At the time bonds or other obligations payable wholly or partly from ad valorem taxes are issued:

(1) the board shall impose a continuing direct annual ad valorem tax, without limit as to rate or amount, for each year that all or part of the bonds are outstanding; and

(2) the district annually shall impose an ad valorem tax on all taxable property in the district in an amount sufficient to:

(A) pay the interest on the bonds or other obligations as the interest becomes due;

(B) create a sinking fund for the payment of the principal of the bonds or other obligations when due or the redemption price at any earlier required redemption date; and

(C) pay the expenses of imposing the taxes.

SECTION 2. The Stover Creek Municipal Utility District initially includes all the territory contained in the following area: Being a tract of land situated in Collin County, Texas in the S.W. Cash Survey, Abstract No. 237, the Benjamin Thayer Survey, Abstract No. 915, the Charles A. Burns Survey, Abstract No. 109 and the Coleman Watson Survey, Abstract No. 945, including a portion of a 608.587 Acre Brinker property as recorded in Volume 4758, Page 1442 of the Collin County Land Records and same 608.587 acre tract of land as described in Volume 1605, Page 288-292; Volume 2826, Page 920-924 and under County Clerk No. 93-0005677 and 93-0042933 of the Collin County Deed Records and including a resurvey of 327.72 acres of land described in a deed from General Walter Kalter to Patrick F. Deprez dated February 29, 1972, recorded in Volume 812, Page 531 of the Collin County Deed Records, also being the same 327.51 acre tract described in a deed from Ferry D. Lewis to George R. Jordan dated May 10, 1965, recorded in Volume 812, Page 531 of the Collin County Deed Records, and including a part of a called 461.659 acre tract as conveyed from Henry H. Dickerson, Jr., Trustee to Robert S. Folsom from H.T. Witherspoon, Jr., et al, as recorded in Volume 876, Page 562, Deed Records, Collin County, Texas, and part of a called 153.97 acre tract as conveyed to Robert S. Folsom, Trustee, from Robert W. Bagwell, Trustee, and William S. Hooton, Trustee, as recorded in Volume 903, Page 507, Deed Records, Collin County, Texas, said premises being more particularly described as follows: BEGINNING at an iron pin on the east side of a corner post, said iron pin being the southeast corner of said 327.72 acre tract and at the south end of an old established fence and hedgerow from the north and in the north right of way line of F.M. 1461; Thence in a westerly direction with the said north right of way line of F.M. 1461 the following courses and distances: South 88°56'00" West, 1643.09 feet; North 79°45'24" West, 101.98 feet; South 88°56'00" West, 245.00 feet to a point in said north right of way line of F.M. 1461 in the center of Stover Creek for a corner; Thence departing the said north right of way line of F.M. 1461, generally in a northerly direction up the center of Stover Creek the following courses and distances: North 38°46'50" East, 562.40 feet; North 30°13'10" West, 280.00 feet; North 72°13'10" West, 666.40 feet; North 14°46'50" East, 469.00 feet; North 62°13'10" West, 530.00 feet; North 11°16'50" East, 164.50 feet; North 38°43'10" West, 86.18 feet to a point for corner, said point being the northeast corner of an 80.00 acre (gross) tract of land out of the aforementioned 608.587 acre tract on land; Thence in a westerly direction with the northerly line of the 80.00 acre (gross) tract of land, West, passing at 121.80 feet a ½ inch iron rod found for reference at the base of a 12 inch Elm marked "x" and continuing for a total distance of 1205.67 feet; Thence in a southerly direction with the westerly line of the 80.00 acre (gross) tract of land, South 01°33'17" East, 1937.62 feet to a ½ inch iron rod found for corner in said north right of way line of F.M. 1461; Thence in a westerly direction with the said north right of way line of F.M. 1461, North 89°05'00" West, 2631.35 feet to a point for corner in said north right of way line of F.M. 1461, said point being the southeast corner of a 30.00 acre tract being part of the aforementioned 608.587 acre tract; Thence departing the north right of way line of F.M. 1461 in a northerly and westerly direction the following courses and distances: North 00°55'00" East, 900.00 feet point for corner; North 89°05'00" West, 273.81 feet point for corner; North 01°01'43" East, 280.94 feet point for corner; North 88°58'17" West, 900.00 feet point for corner in the east right of way line of F.M. 2478 and the most westerly west line of said 608.587 acre tract; Thence in a northerly direction along the said east right of way line of F.M. 2478 the following courses and distances: North 01°01'43" East, 460.94 feet to a point; North 01°06'15" East, 1319.35 feet to a point; North 06°41'09" East, 100.87 feet to a point; North 01°06'00" East, 2013.84 feet to a point to the beginning of a curve to the left having a central angle of 02°36'27" and a radius of 5789.58 feet; Thence along said curve for an arc distance of 263.48 feet to a point for corner; Thence departing the said east right of way line of F.M. 2478 in an easterly direction, South 89°03'36" East, passing a point at 4054.98' in the centerline of Stover Creek and continuing in all 4714.98' to a point for corner; Thence in a southerly direction South 00°23'25" West, 89.69 feet to a point for corner, said point being a northwest corner of said 327.72 acre tract; Thence in an easterly direction South 89°45'00" East, 48.50 feet with a north line of said 327.72 acre tract to an iron pin found beside a large Bois d'arc post for corner; Thence in a northerly direction with a west line of said 327.72 acre tract and with a fence as follows; North 01°21'18" East, 849.30 feet to a point; North 00°11'01" East, 424.49 feet to an iron found beside a corner post at the northernmost northwest corner of said 327.72 acre tract for corner; Thence in an easterly direction with the north line of said 327.72 acre tract and with an established fence as follows; South 89°57'03" East, 1838.51 feet to a point; North 89°49'25" East, 799.38 feet to an existing iron pin at the northeast corner of said 327.72 acre tract in the center of a north-south rock road for a corner; Thence in a southerly direction, South 00°28'43" East, 1275.72 feet with an east line of said 327.72 acre tract and with a rock road to an existing iron pin set beside a bois d'arc stake beside a rock marked with a cross (+) for a corner; Thence West, 7.0 feet to an iron rod found for a point for corner; Thence in a southerly direction with an east line of said 327.72 acre tract and with an old established fence as follows; South 00°09'20" East, 229.35 feet; South 00°02'40" East, 194.25 feet; South 00°13'46" East, 273.77 feet; South 00°03'45" East, 410.28 feet; South 00°30'54" East, 182.35 feet; South 00°19'46" East, 241.30 feet; South 08°48'46" East, 50.69 feet; South 02°35'34" West, 76.7 feet; South 04°18'15" West, 33.51 feet; South 03°34'45" West, 56.66 feet; South 18°02'08" West, 235.49 feet; South 00°30'15" West, 13.84 feet to an existing iron pin at the west end of a fence from the east; South 12°42'11" West, 54.57 feet; South 00°09'48" East 85.96 feet; South 00°15'11" West, 320.72 feet; South 00°28'28" West, 325.06 feet; South 00°03'10" West, 201.62 feet to an iron pin beside a corner post; East 6.5 feet to an iron pin beside a corner post; South 00°06'08" East, 516.78 feet; South 00°14'28" East, 155.28 feet to an iron pin beside a corner post for a corner; Thence South 89°10'37" East, 262.99 feet to an existing iron pin at the east northeast corner of said 327.72 acre tract for a corner; Thence in a southerly direction, South 00°23'28" West, 1534.51 feet with the evidence of an old fence and with a hedgerow parallel with and two to three feet easterly for a convenience fence to the PLACE OF BEGINNING and containing 891.7774 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. 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, 2007.