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AN ACT
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relating to the creation of the Lake Weatherford Municipal Utility |
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Districts Nos. 1 and 2; providing authority to impose a tax and |
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issue bonds; granting a limited power of eminent domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapters 8324 and 8325 to read as |
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follows: |
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CHAPTER 8324. LAKE WEATHERFORD MUNICIPAL UTILITY DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8324.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Lake Weatherford Municipal |
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Utility District No. 1. |
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Sec. 8324.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8324.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8324.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8324.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8324.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8324.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2(a) of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2(a) |
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of the Act creating 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: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
|
for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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[Sections 8324.007-8324.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8324.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8324.052, directors serve |
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staggered four-year terms. |
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Sec. 8324.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act creating this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the Texas Commission on |
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Environmental Quality requesting that the commission appoint as |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as temporary directors the five persons |
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named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8324.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act creating this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8324.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8324.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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[Sections 8324.053-8324.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8324.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8324.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8324.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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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. |
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Sec. 8324.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
|
subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
|
project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8324.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted before |
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the effective date of the Act creating this chapter under Section |
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54.016 or 54.0165, Water Code, and that consents to the creation of |
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the district or to the inclusion of land in the district. |
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Sec. 8324.106. SELECTION OF EXTRATERRITORIAL JURISDICTION. |
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The board may not select the municipality that may exercise |
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authority in the district as provided by Section 54.0163, Water |
|
Code, unless the City of Weatherford provides written consent to |
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that selection. |
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Sec. 8324.107. LIMITATION ON ANNEXATION OF LAND BY |
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DISTRICT. Notwithstanding Section 54.016(d), Water Code, the |
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district may not annex land that is located in the extraterritorial |
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jurisdiction of a municipality unless the City of Weatherford |
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provides written consent to that annexation. |
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Sec. 8324.108. EFFECT OF ANNEXATION BY CITY OF WEATHERFORD. |
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(a) The City of Weatherford may annex part of the territory of the |
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district into its corporate limits without annexing all of the |
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territory of the district under an agreement entered into before |
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the effective date of the Act creating this chapter between the City |
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of Weatherford and the landowners of the land being annexed. The |
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district continues in existence following annexation of part of the |
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territory of the district as described by this subsection. |
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(b) The district shall be dissolved and its debts and |
|
obligations assumed by the City of Weatherford in accordance with |
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Chapter 43, Local Government Code, including Sections 43.075 and |
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43.0715, on annexation of all of the territory of the district by |
|
the City of Weatherford, provided that: |
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(1) water, sanitary sewer, and drainage improvements, |
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and roads have been constructed to serve at least 95 percent of the |
|
territory of the district; or |
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(2) the board adopts a resolution consenting to the |
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dissolution of the district. |
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(c) If all of the territory of the district is annexed by the |
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City of Weatherford but the conditions under Subsection (b) have |
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not been met, the City of Weatherford may dissolve the district by |
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resolution only on or after the 20th anniversary of the effective |
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date of the Act creating this chapter. |
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(d) Notwithstanding Section 54.016(f)(2), Water Code, a |
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contract ("Allocation Agreement") between the City of Weatherford |
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and the district that provides for the allocation of the taxes or |
|
revenues of the district and the city following the date of |
|
inclusion of all the district's territory in the corporate limits |
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of the city, may provide that the total annual ad valorem taxes |
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collected by the city and the district from taxable property in the |
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district may exceed the city's ad valorem tax on the property. |
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Sec. 8324.109. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 8324.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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Sec. 8324.110. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more new districts only if the district: |
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(1) has no outstanding bonded debt; and |
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(2) is not imposing ad valorem taxes. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created: |
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(1) contain any land outside the area described by |
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Section 2(a) of the Act creating this chapter; or |
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(2) contain less than 200 or more than 600 acres of |
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land without the prior consent of any municipality in whose |
|
extraterritorial jurisdiction the district is located. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
|
the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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8324.003 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds description of the |
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territory of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between or among the new districts. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) Any new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 8324.003. |
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(i) Except as provided by Subsection (c), municipal consent |
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to the creation of the district and to the inclusion of land in the |
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district granted under Section 8324.004 acts as municipal consent |
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to the creation of any new district created by the division of the |
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district and to the inclusion of land in the new district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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[Sections 8324.111-8324.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8324.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8324.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8324.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8324.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8324.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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[Sections 8324.154-8324.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8324.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8324.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
|
provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8324.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
|
valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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CHAPTER 8325. LAKE WEATHERFORD MUNICIPAL UTILITY DISTRICT NO. 2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8325.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Director" means a board member. |
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(3) "District" means the Lake Weatherford Municipal |
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Utility District No. 2. |
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Sec. 8325.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 8325.003. CONFIRMATION AND DIRECTORS' 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. 8325.004. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section 8325.003 |
|
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. 8325.005. 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. 8325.006. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 2(b) of the Act creating this chapter. |
|
(b) The boundaries and field notes contained in Section 2(b) |
|
of the Act creating 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. |
|
[Sections 8325.007-8325.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8325.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Except as provided by Section 8325.052, directors serve |
|
staggered four-year terms. |
|
Sec. 8325.052. TEMPORARY DIRECTORS. (a) On or after the |
|
effective date of the Act creating this chapter, the owner or owners |
|
of a majority of the assessed value of the real property in the |
|
district may submit a petition to the Texas Commission on |
|
Environmental Quality requesting that the commission appoint as |
|
temporary directors the five persons named in the petition. The |
|
commission shall appoint as temporary directors the five persons |
|
named in the petition. |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8325.003; or |
|
(2) the fourth anniversary of the effective date of |
|
the Act creating this chapter. |
|
(c) If permanent directors have not been elected under |
|
Section 8325.003 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 8325.003; 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. |
|
[Sections 8325.053-8325.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8325.101. GENERAL POWERS AND DUTIES. The district has |
|
the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 8325.102. 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. 8325.103. 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. 8325.104. 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. 8325.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
|
OR RESOLUTION. The district shall comply with all applicable |
|
requirements of any ordinance or resolution that is adopted before |
|
the effective date of the Act creating this chapter 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. |
|
Sec. 8325.106. SELECTION OF EXTRATERRITORIAL JURISDICTION. |
|
The board may not select the municipality that may exercise |
|
authority in the district as provided by Section 54.0163, Water |
|
Code, unless the City of Weatherford provides written consent to |
|
that selection. |
|
Sec. 8325.107. LIMITATION ON ANNEXATION OF LAND BY |
|
DISTRICT. Notwithstanding Section 54.016(d), Water Code, the |
|
district may not annex land that is located in the extraterritorial |
|
jurisdiction of a municipality unless the City of Weatherford |
|
provides written consent to that annexation. |
|
Sec. 8325.108. EFFECT OF ANNEXATION BY CITY OF WEATHERFORD. |
|
(a) The City of Weatherford may annex part of the territory of the |
|
district into its corporate limits without annexing all of the |
|
territory of the district under an agreement entered into before |
|
the effective date of the Act creating this chapter between the City |
|
of Weatherford and the landowners of the land being annexed. The |
|
district continues in existence following annexation of part of the |
|
territory of the district as described by this subsection. |
|
(b) The district shall be dissolved and its debts and |
|
obligations assumed by the City of Weatherford in accordance with |
|
Chapter 43, Local Government Code, including Sections 43.075 and |
|
43.0715, on annexation of all of the territory of the district by |
|
the City of Weatherford, provided that: |
|
(1) water, sanitary sewer, and drainage improvements, |
|
and roads have been constructed to serve at least 95 percent of the |
|
territory of the district; or |
|
(2) the board adopts a resolution consenting to the |
|
dissolution of the district. |
|
(c) If all of the territory of the district is annexed by the |
|
City of Weatherford but the conditions under Subsection (b) have |
|
not been met, the City of Weatherford may dissolve the district by |
|
resolution only on or after the 20th anniversary of the effective |
|
date of the Act creating this chapter. |
|
(d) Notwithstanding Section 54.016(f)(2), Water Code, a |
|
contract ("Allocation Agreement") between the City of Weatherford |
|
and the district that provides for the allocation of the taxes or |
|
revenues of the district and the city following the date of |
|
inclusion of all the district's territory in the corporate limits |
|
of the city, may provide that the total annual ad valorem taxes |
|
collected by the city and the district from taxable property in the |
|
district may exceed the city's ad valorem tax on the property. |
|
Sec. 8325.109. LIMITATION ON USE OF EMINENT DOMAIN. The |
|
district may not exercise the power of eminent domain outside the |
|
district to acquire a site or easement for: |
|
(1) a road project authorized by Section 8325.103; or |
|
(2) a recreational facility as defined by Section |
|
49.462, Water Code. |
|
Sec. 8325.110. DIVISION OF DISTRICT. (a) The district may |
|
be divided into two or more new districts only if the district: |
|
(1) has no outstanding bonded debt; and |
|
(2) is not imposing ad valorem taxes. |
|
(b) This chapter applies to any new district created by the |
|
division of the district, and a new district has all the powers and |
|
duties of the district. |
|
(c) Any new district created by the division of the district |
|
may not, at the time the new district is created: |
|
(1) contain any land outside the area described by |
|
Section 2(b) of the Act creating this chapter; or |
|
(2) contain less than 200 or more than 600 acres of |
|
land without the prior consent of any municipality in whose |
|
extraterritorial jurisdiction the district is located. |
|
(d) The board, on its own motion or on receipt of a petition |
|
signed by the owner or owners of a majority of the assessed value of |
|
the real property in the district, may adopt an order dividing the |
|
district. |
|
(e) The board may adopt an order dividing the district |
|
before or after the date the board holds an election under Section |
|
8325.003 to confirm the district's creation. |
|
(f) An order dividing the district shall: |
|
(1) name each new district; |
|
(2) include the metes and bounds description of the |
|
territory of each new district; |
|
(3) appoint temporary directors for each new district; |
|
and |
|
(4) provide for the division of assets and liabilities |
|
between or among the new districts. |
|
(g) On or before the 30th day after the date of adoption of |
|
an order dividing the district, 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 the |
|
district is located. |
|
(h) Any new district created by the division of the district |
|
shall hold a confirmation and directors' election as required by |
|
Section 8325.003. |
|
(i) Except as provided by Subsection (c), municipal consent |
|
to the creation of the district and to the inclusion of land in the |
|
district granted under Section 8325.004 acts as municipal consent |
|
to the creation of any new district created by the division of the |
|
district and to the inclusion of land in the new district. |
|
(j) Any new district created by the division of the district |
|
must hold an election as required by this chapter to obtain voter |
|
approval before the district may impose a maintenance tax or issue |
|
bonds payable wholly or partly from ad valorem taxes. |
|
[Sections 8325.111-8325.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8325.151. 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 8325.153. |
|
(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. 8325.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 8325.151, 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. 8325.153. 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. |
|
[Sections 8325.154-8325.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 8325.201. 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, contract payments, grants, or other district money, or any |
|
combination of those sources, to pay for any authorized district |
|
purpose. |
|
Sec. 8325.202. 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. 8325.203. 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. (a) The Lake Weatherford Municipal Utility |
|
District No. 1 initially includes all the territory contained in |
|
the following area: |
|
BEING a tract of land situated in the R.K. Hagood Survey, |
|
Abstract Number 677, Isaac Gorman Survey, Abstract Number 532, I. |
|
and G. N. R. R. Company Survey, Abstract Number 2007, C. Meyer |
|
Survey, Abstract Number 2032, J. P. Feld Survey, Abstract Number |
|
487, J. L. Edwards Survey, Abstract Number 416, T. Spain Survey, |
|
Abstract Number 2059, H. H. Dillard Survey, Abstract Number 378, M. |
|
H. Woods Survey, Abstract Number 2717 and B. R. Bailey Survey, |
|
Abstract Number 2275, Parker County, Texas, and being the same as |
|
described in deed to Therylene Knox Helm, Exhibit A-1 and A-2 |
|
recorded in Book 1502, Page 750 of Deed Records, Parker County, |
|
Texas and being more particularly described by metes and bounds as |
|
follows; |
|
BEGINNING at the called southeast corner of the Wm. Baker Survey, |
|
Abstract Number 183 and the called southwest corner of said Hagood |
|
Survey, in the north line of said Isaac Gorman Survey; |
|
THENCE N 00°11'41"E, 2216.98 feet; |
|
THENCE N 88°25'44"E, 138.81 feet; |
|
THENCE S 89°14'47"E, 661.20 feet; |
|
THENCE S 04°15'38"W, 2175.04 feet; |
|
THENCE S 32°18'44"E, 2400.79 feet; |
|
THENCE S 00°23'36"W, 3763.79 feet; |
|
THENCE N 88°14'09"W, 4888.60 feet; |
|
THENCE N 00°09'53"W, 2443.55 feet; |
|
THENCE S 88°04'56"W, 799.57 feet; |
|
THENCE S 88°01'30"W, 488.50 feet; |
|
THENCE S 01°07'00"W, 486.25 feet; |
|
THENCE S 89°43'21"W, 337.20 feet; |
|
THENCE N 03°46'53"W, 121.69 feet; |
|
THENCE N 07°10'51"W, 145.28 feet; |
|
THENCE N 81°39'17"E, 174.81 feet; |
|
THENCE N 23°54'32"E, 78.61 feet; |
|
THENCE N 63°50'34"W, 154.00 feet; |
|
THENCE N 03°01'01"W, 96.53 feet; |
|
THENCE N 07°56'40"E, 105.94 feet; |
|
THENCE N 05°00'18"W, 136.66 feet; |
|
THENCE N 30°18'41"E, 267.48 feet; |
|
THENCE N 63°35'30"E, 109.05 feet; |
|
THENCE N 09°33'01"E, 169.92 feet; |
|
THENCE S 89°28'39"W, 1312.94 feet; |
|
THENCE S 00°15'09"W, 774.18 feet; |
|
THENCE N 89°46'20"W, 655.16 feet; |
|
THENCE N 36°02'15"W, 1018.93 feet; |
|
THENCE N 62°02'04"W, 698.36 feet; |
|
THENCE N 11°37'15"W, 1181.55 feet; |
|
THENCE S 89°13'30"W, 61.78 feet; |
|
THENCE N 01°30'01"E, 3319.85 feet; |
|
THENCE N 89°56'20"E, 2313.70 feet; |
|
THENCE S 00°23'43"W, 2343.60 feet; |
|
THENCE S 89°54'10"E, 1171.93 feet; |
|
THENCE S 00°24'27"W, 520.13 feet; |
|
THENCE S 89°44'53"E, 2654.23 feet; |
|
THENCE N 00°26'35"W, 528.34 feet; |
|
THENCE S 89°07'19"E, 1609.98 feet to the Point of Beginning and |
|
containing 45,910,099 square feet or 1054 acres of land more or |
|
less; SAVE AND EXCEPT |
|
BEING a tract of land situated in the Isaac Gorman Survey, Abstract |
|
Number 532, I. and G. N. R. R. Company Survey, Abstract Number 2007, |
|
C. Meyer Survey, Abstract Number 2032, J. P. Feld Survey, Abstract |
|
Number 487, Parker County, Texas, and being the same as described in |
|
deed to Therylene Knox Helm, Exhibit A-1 recorded in Book 1502, Page |
|
750 of Deed Records, Parker County, Texas and being more |
|
particularly described by metes and bounds as follows; |
|
BEGINNING at the southeast corner of said Helm tract, and the |
|
southwest corner of tract to Therylene Knox Helm, Exhibit A-1 of |
|
said deed; |
|
THENCE N 88°14'09"W, 4488.37 with said south line; |
|
THENCE N 00°10'05"W, 918.41 feet to a non-tangent curve to the |
|
right; |
|
THENCE with said non-tangent curve to the right, an arc distance of |
|
4146.90 feet, through a central angle of 90°00'00", having a radius |
|
of 2640.00 feet, the long chord of which bears N 45°06'41"E, 3733.52 |
|
feet; |
|
THENCE S 89°53'19"E, 1869.10 feet to a point in said east line; |
|
THENCE S 00°23'36"W, 3687.90 feet with said east line to the Point of |
|
Beginning and containing 14,806,722 square feet or 340 acres of |
|
land more or less. |
|
(b) The Lake Weatherford Municipal Utility District No. 2 |
|
initially includes all the territory contained in the following |
|
area: |
|
TRACT I |
|
FOR A TRACT OF LAND IN THE I. & G. N. R.R. COMPANY SURVEY, ABSTRACT |
|
NO. 2007, THE ISAAC GORMAN SURVEY, ABSTRACT NO. 532, THE R. K. |
|
HAGOOD SURVEY, ABSTRACT NO. 677, THE WM. BAKER SURVEY, ABSTRACT NO. |
|
128, THE R. L. WILSON SURVEY, ABSTRACT NO. 1680, THE S. W. MILLER |
|
SURVEY, ABSTRACT NO. 2595, THE L. O. AND B. L. BAKER SURVEY, |
|
ABSTRACT NO. 2280, THE H. T. & B. R.R. COMPANY SURVEY, NO. 15, |
|
ABSTRACT NO. 650, THE H. T. & B. R.R. COMPANY SURVEY, NO. 13, |
|
ABSTRACT NO. 649, THE WM., C. L. AND L. O. BAKER SURVEY, ABSTRACT |
|
NO. 2089 AND THE R. K. HAGOOD SURVEY, ABSTRACT NO. 2310, ALL |
|
SITUATED IN PARKER COUNTY, TEXAS, AND BEING MORE PARTICULARLY |
|
DESCRIBED BY METES AND BOUNDS AS FOLLOWS: |
|
COMMENCE at an iron found at the occupied Northwest corner of the R. |
|
K. Hagood Survey, Abstract No. 677, above referenced, thence N. 88° |
|
- 25' - 44" E. 138.81 feet with the general course of a fence line to |
|
an iron to be set in concrete in the Southerly line of a road for the |
|
POINTOFBEGINNING of the herein described tract; |
|
THENCE N. 0° - 55' - 13" E. 3986.73 feet with the general course of a |
|
fence line to a fence corner post; |
|
THENCE N. 88° - 00' - 51" W. 112.57 feet with the general course of a |
|
fence line to a fence corner post; |
|
THENCE N. 0° - 32' - 15'" E. 816.08 feet with the general course of a |
|
fence line to an iron to be set in concrete, said point being at the |
|
Southerly terminus of the centerline of an easement as described in |
|
a Grant of Easement and Right of Way, of record in Volume 1191, Page |
|
1250, Deed Records, Parker County, Texas; |
|
THENCE S. 88° - 51' - 28" E. 2339.16 feet to an iron to be set in |
|
concrete for corner; |
|
THENCE S. 47° - 29' - 58" E. 1196.65 feet to an iron to be set in |
|
concrete for corner; |
|
THENCE S. 15° - 00' - 00" E. 800.0 feet to an iron to be set in |
|
concrete for corner; |
|
THENCE S. 89° - 59' - 06" E. to and along a fence line 5753.38 feet to |
|
an iron to be set in concrete for corner; |
|
THENCE S. 31° - 38' - 21" E. 1134.23 feet to an iron to be set in |
|
concrete for corner; |
|
THENCE S. 69° - 08' - 44" E. 1123.61 feet to an iron to be set in |
|
concrete for corner; |
|
THENCE N. 85° - 01' - 49" E. 1154.34 feet to an iron to be set in |
|
concrete for corner; |
|
THENCE S. 18° - 26' - 06" W. 1264.91 feet to an iron to be set in |
|
concrete for corner; |
|
THENCE S. 19° - 42' - 58" E. 579.60 feet to an iron to be set in |
|
concrete for corner; |
|
THENCE N. 89° - 44' - 56" W. 6013.94 feet to an iron to be set in |
|
concrete in a road for corner; |
|
THENCE S. 0° - 15' - 04" W. 4782.22 feet with the Easterly line of |
|
said road to an iron to be set in concrete for corner; |
|
THENCE N. 89° - 53' - 19" W. 2707.47 feet to a fence corner post for |
|
corner; |
|
THENCE S. 0° - 11' - 54" W. 2958.55 feet with the general course of a |
|
fence line to a concrete monument found at the Northeast corner of a |
|
tract described in a deed to Brazos Electric Cooperative Inc. of |
|
record in Volume 370, Page 616, Deed Records, Parker County, Texas; |
|
THENCE S. 89° - 52' - 30" W. 207.99 feet along the North line of same |
|
to a concrete monument found for corner; |
|
THENCE S. 0° - 07' - 17" E. 316.07 feet to a concrete monument found |
|
for corner; |
|
THENCE N. 43° - 54' - 25" E. 298.44 feet to an iron found at fence |
|
corner; |
|
THENCE S. 0° - 11' - 54" W. 363.0 feet to an iron for corner; |
|
THENCE N. 88° - 14' - 09" W. to and along White Settlement Road |
|
1220.50 feet to a point in same and from which said point an iron to |
|
be set in concrete in the Northerly fence line of said White |
|
Settlement Road bears N. 0° - 23' - 36" E. 48.47 feet; |
|
THENCE N. 0° - 23' - 36" E. 3763.79 feet to an iron to be set in |
|
concrete for corner; |
|
THENCE N. 32° - 18' - 44" W. 2400.79 feet to an iron to be set in |
|
concrete; |
|
THENCE N. 4° - 15' - 38" E. 2175.04 feet to an iron to be set in |
|
concrete in the Southerly fence line of a road; |
|
THENCE N. 89° - 14' - 47" W. 661.20 feet to the POINT OF BEGINNING and |
|
containing 1471.809 acres. |
|
SAVE AND EXCEPT: |
|
BEING a tract of land situated in the Isaac Gorman Survey, Abstract |
|
Number 532, I. & G. N. R. R. Co. Survey, Abstract Number 2007, H.T. & |
|
B. R. R. Co. Survey, No. 15, Abstract Number 650, Parker County, |
|
Texas, and being the same as described in deed to Therylene Knox |
|
Helm, Exhibit A-2 recorded in Book 1502, Page 750 of Deed Records, |
|
Parker County, Texas and being more particularly described by metes |
|
and bounds as follows; |
|
BEGINNING at the southwest corner of said Helm tract, and the |
|
southeast corner of tract to Therylene Knox Helm, Exhibit A-1 of |
|
said deed; |
|
THENCE N 00°23'36"E, 3687.90 feet; |
|
THENCE S 89°53'19"E, 3915.24 feet; |
|
THENCE S 00°15'04"W, 300.00 feet; |
|
THENCE N 89°53'19"W, 2707.47 feet; |
|
THENCE S 00°11'54"W, 2958.55 feet; |
|
THENCE S 89°52'30"W, 207.99 feet; |
|
THENCE S 00°07'17"E, 316.07 feet; |
|
THENCE N 43°54'25"E, 298.44 feet; |
|
THENCE S 00°11'54"W, 363.00 feet; |
|
THENCE N 88°14'09"W, 1220.50 feet to the Point of Beginning and |
|
containing 5,266,636 square feet or 121 acres of land more or less. |
|
TRACT II |
|
77.10 Acres situated in and being a portion of the John Snyder |
|
Survey, Abstract No. 1169, Parker County, Texas and being all that |
|
certain 77.10 Acre Lot, Tract or Parcel of land conveyed to M.L.W. |
|
DEVELOPMENT, LLC by deed recorded in Volume 2099, Page 1279, Deed |
|
Records, Parker County, Texas and being more particularly described |
|
by metes and bounds as follows: |
|
BEGINNING at an iron rod found in Ragle Road at the southeast corner |
|
of a tract of land conveyed to Clear Fork Baptist Church by deed |
|
recorded in Volume 60, Page 18, Deed Records, Parker County, Texas, |
|
said iron being called by deed to be South, 415.0 feet from the |
|
northeast corner of said John Snyder Survey; |
|
THENCE South 01 degrees 11 minutes 00 seconds West, with said Ragle |
|
Road, 1252.65 feet to an iron rod set; |
|
THENCE North 89 degrees 25 minutes 00 seconds West, 2086.73 feet to |
|
an iron rod set in a dry ravine; |
|
THENCE with the meanders of said dry ravine the following courses |
|
and distances; |
|
North 00 degrees 02 minutes 25 seconds West 405.97 feet to a point; |
|
North 05 degrees 43 minutes 25 seconds West 787.30 feet to a point; |
|
North 17 degrees 49 minutes 35 seconds West 325.59 feet to an iron |
|
rod set in said ravine and the south right of way line of Farm to |
|
Market Highway No. 730 in a non-tangent curve to the right with a |
|
radius of 1859.86 feet and whose chord bears North 79 degrees 09 |
|
minutes 23 seconds East, 726.34 feet; |
|
THENCE with the south right of way line of said Farm to Market |
|
Highway No. 730 and said curve to the right through a central angle |
|
of 22 degrees 31 minutes 14 seconds and a distance of 731.03 feet to |
|
an iron rod found; |
|
THENCE South 89 degrees 35 minutes 00 seconds East, continuing with |
|
the south right of way line of said Farm to Market Highway No. 730, |
|
1175.17 feet to an iron rod found at the northwest corner of said |
|
Clear Fork Baptist Church; |
|
THENCE South 00 degrees 24 minutes 30 seconds West, on or about a |
|
fence line and the west line of said Clear Fork Baptist Church, |
|
393.33 feet to an iron rod found; |
|
THENCE South 89 degrees 35 minutes 00 seconds East, on or about a |
|
fence line and the south line of said Clear Fork Baptist Church, |
|
405.27 feet to the POINT OF BEGINNING and containing 77.10 acres. |
|
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, 2009. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 4698 was passed by the House on May |
|
15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 4698 was passed by the Senate on May |
|
27, 2009, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |