|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to the creation of the Guadalupe County Municipal Utility |
|
District No. 3; providing authority to impose a tax and issue bonds; |
|
granting a limited 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 8358 to read as follows: |
|
CHAPTER 8358. GUADALUPE COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8358.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Guadalupe County Municipal |
|
Utility District No. 3. |
|
Sec. 8358.002. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 8358.003. 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. 8358.004. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section 8358.003 |
|
until each municipality in whose corporate limits or |
|
extraterritorial jurisdiction the district is located has: |
|
(1) consented by ordinance or resolution to the |
|
creation of the district and to the inclusion of land in the |
|
district subsequent to the effective date of the Act creating this |
|
chapter; and |
|
(2) approved and entered into a development agreement |
|
with the owners of land within the district under Section 212.172, |
|
Local Government Code. |
|
Sec. 8358.005. 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. 8358.006. 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 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 8358.007-8358.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8358.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Except as provided by Section 8358.052, directors serve |
|
staggered four-year terms. |
|
Sec. 8358.052. 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 8358.003; 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 8358.003 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 8358.003; 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 Texas Commission on Environmental |
|
Quality 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 8358.053-8358.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8358.101. GENERAL POWERS AND DUTIES. The district has |
|
the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 8358.102. 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. 8358.103. 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. 8358.104. APPROVAL OF ROAD PROJECT. (a) The district |
|
may not undertake a road project authorized by Section 8358.103 |
|
unless: |
|
(1) each municipality or county that will operate and |
|
maintain the road has approved the plans and specifications of the |
|
road project; or |
|
(2) the Texas Transportation Commission approves the |
|
plans and specifications of the road project, if the state will |
|
operate and maintain the road. |
|
(b) Except as provided by Subsection (a), the district is |
|
not required to obtain approval from the Texas Transportation |
|
Commission to design, acquire, construct, finance, issue bonds for, |
|
improve, or convey a road project. |
|
Sec. 8358.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
|
OR RESOLUTION. (a) The district shall comply with all applicable |
|
requirements of any ordinance or resolution that is adopted under |
|
Section 54.016 or 54.0165, Water Code, and that consents to the |
|
creation of the district or to the inclusion of land in the |
|
district. |
|
(b) For purposes of Section 54.016, Water Code, the district |
|
is a city service district for the limited purpose of establishing |
|
consent conditions. |
|
Sec. 8358.106. 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 8358.103; or |
|
(2) a recreational facility as defined by Section |
|
49.462, Water Code. |
|
[Sections 8358.107-8358.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8358.151. 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 8358.153. |
|
(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. 8358.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 8358.151, 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. 8358.153. 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. |
|
Sec. 8358.154. ALLOCATION OF TAXES. Section 54.016(f), |
|
Water Code, does not apply to the district. |
|
[Sections 8358.155-8358.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 8358.201. 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. 8358.202. 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. 8358.203. 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. The Guadalupe County Municipal Utility District |
|
No. 3 initially includes all the territory contained in the |
|
following area: |
|
A FIELD NOTE DESCRIPTION of 539.0054 acres (23,479,075 square |
|
feet) of land in the J.D. Clements Survey, Abstract No. 11, |
|
Guadalupe County, Texas; said 539.0054 acre tract being all of Lots |
|
1-3, Block 1 of the Project Green Subdivision, according to the map |
|
or plat recorded in Volume 7, Pages 263-264 of the Guadalupe County |
|
Map Records and all of an 87.9012 acre tract, conveyed to A-L 97 IH |
|
10-SH 46, L.P., as recorded in Guadalupe County Clerk's File Nos. |
|
07-22168, 07-022173 & 08-013115; said tract being more particularly |
|
described by metes and bounds as follows with the bearings being |
|
based on the Texas State Plane Coordinate System, South Central |
|
Zone using National Geodetic Survey Continuously Operating |
|
Reference Stations: |
|
BEGINNING at a smooth 5/8-inch iron rod found in the |
|
northwest right-of-way line of Interstate Highway 10 (right-of-way |
|
varies) for the southwest corner of said Lot 3 and for an angle |
|
point of this tract; |
|
THENCE; South 68° 42' 28" West - 710.50 feet with the |
|
northwest right-of-way line of said Interstate Highway 10 to a 60d |
|
nail in concrete found for an angle point of this tract; |
|
THENCE; South 58° 05' 50" West- 215.79 feet with the northwest |
|
right-of-way line of said Interstate Highway 10 to a 1/2-inch iron |
|
rod with cap stamped 'B&A' found for the most southerly southwest |
|
corner of this tract; |
|
THENCE; North 01° 31' 26" West - 4,139.17 feet with the east |
|
line of a 40 acre tract conveyed to Robin R. Rector Harrel, as |
|
recorded in Volume 1528, Page 234 of Guadalupe County Deed Records |
|
to a 1/2-inch iron rod found for an interior corner of this tract; |
|
THENCE; South 89° 03' 44" West - 536.71 feet with a north line |
|
of said 40 acre tract to a 1/2-inch iron pipe found for an angle |
|
point of this tract; |
|
THENCE; South 88° 21' 42" West - 60.21 feet with the north line |
|
of a 27.44 acre tract of land conveyed to Nancy Beth Hallberg, as |
|
recorded in Volume 1847, Page 835 of the Guadalupe County Deed |
|
Records to a 4-inch metal pole found for a southwest corner of this |
|
tract; |
|
THENCE; North 01° 07' 53" West - 495.80 feet with the east line |
|
of a 2.935 acre tract of land conveyed to Strata Ferrous, Inc., as |
|
recorded in Volume 1504, Page 468 of the Guadalupe County Deed |
|
Records to a metal fence post found in the southwest right-of-way |
|
line of Friesenhahn Road (Youngs Ford Road, right-of-way varies) |
|
for the most westerly northwest corner of this tract; |
|
THENCE; South 76° 37' 07" East - 1,503.28 feet with the |
|
southwest right-of-way line of said Friesenhahn Road to a 10-inch |
|
x10-inch concrete fence post found for an angle point of this tract; |
|
THENCE; South 75° 48' 22" East - 622.44 feet with the |
|
southwest right-of-way line of said Friesenhahn Road to a 10-inch |
|
x10-inch concrete fence post found for an angle point of this tract; |
|
THENCE; South 76° 34' 50" East - 1,425.29 feet with the |
|
southwest right-of-way line of said Friesenhahn Road to a 1/2-inch |
|
iron rod with cap found for an interior corner of this tract; from |
|
which a 1/2-inch iron rod found bears North 74° 17' 36" East - 0.33 |
|
feet; |
|
THENCE; North 20° 52' 10" East - 84.74 feet with the west line |
|
of said Lot 2 to a 5/8-inch iron rod with cap set for an interior |
|
corner of this tract; |
|
THENCE; North 76° 54' 03" West - 682.88 feet with the |
|
northeast right-of-way line of said Friesenhahn Road to a 1/2-inch |
|
iron rod with cap found for an interior corner of this tract; |
|
THENCE; South 12° 54' 49" West - 9.69 feet with a jog in the |
|
northeast right-of-way line of said Friesenhahn Road to a 10-inch |
|
x10-inch concrete fence post found for a south corner of this tract; |
|
THENCE; North 76° 24' 13" West - 936.14 feet with the |
|
northeast right-of-way line of said Friesenhahn Road to a 5/8-inch |
|
iron rod with cap set for a west corner of this tract; |
|
THENCE; North 14° 03' 37" East - 10.20 feet with a jog in the |
|
northeast right-of-way line of said Friesenhahn Road to a 1/2-inch |
|
iron rod found for an interior corner of this tract; |
|
THENCE; North 75° 11' 12" West - 503.39 feet with the |
|
northeast right-of-way line of said Friesenhahn Road to a 1/2-inch |
|
iron rod found for a southwest corner of this tract; |
|
THENCE; North 01° 08' 08" West - 848.44 feet with the west line |
|
of said Lot 1 and with the east line of a 19.21 acre tract of land |
|
conveyed to O.J. Riedel, Trustee, as recorded in Volume 724, Page |
|
541 of the Guadalupe County Deed Records to a 1/2-inch iron rod |
|
found for an angle point of this tract; |
|
THENCE; North 01° 28' 34" West - 551.15 feet with the west line |
|
of said Lot 1 and with the east line of Westgate Subdivision, |
|
according tot he map or plat recorded in Volume 4, Page 96 of the |
|
Guadalupe County Map Records to a 5/8-inch iron rod with cap set for |
|
an angle point of this tract; |
|
THENCE; North 01° 22' 32" West - 1,262.61 feet with the west |
|
line of said Lot 1 and with the east line of said Westgate |
|
Subdivision to a concrete monument disk found in the southwest |
|
right-of-way line of F.M. Highway 78 (right-of-way varies) for a |
|
northwest corner of this tract; |
|
THENCE; South 76° 33' 09" East - 1,256.79 feet with the |
|
southwest right-of-way line of said F.M. Highway 78 to a 5/8-inch |
|
iron rod with cap set for a northeast corner of this tract; from |
|
which a metal fence post bears South 00° 50' 29" East - 0.91 feet; |
|
THENCE; South 00° 50' 29" East - 741.45 feet with an east line |
|
of said Lot 1 and with the west line of an 11.684 acre tract of land |
|
conveyed to Fernon J. Schievelbein, as recorded in Volume 476, Page |
|
679 of the Guadalupe County Deed Records to a 10-inch x 10-inch |
|
concrete fence post found for an interior corner of this tract; |
|
THENCE; South 76° 36' 44" East with the northeast line of said |
|
Lot 1 and with the southwest line of said 11.684 acre tract, with |
|
the southwest line of a tract of land conveyed to Fernon J. |
|
Schievelbein, as recorded in Volume 1000, Page 572 of the Guadalupe |
|
County Deed Records, and with the southwest line of a 13.730 acre |
|
tract of land conveyed to Fernon J. Schievelbein, as recorded in |
|
Volume 476, Page 679 of the Guadalupe County Deed Records at a |
|
distance of 1,604.24 feet pass a 1/2-inch iron rod in concrete found |
|
and continuing for a total distance of 1,893.61 feet with the |
|
northeast line of said Lot 2 to a 10-inch x10-inch concrete fence |
|
post found for an interior corner of this tract; |
|
THENCE: North 01° 09' 52" West - 747.68 feet with a west line |
|
of said Lot 2 and with the east line of said 13.730 acre tract to a |
|
concrete monument found in the southwest right-of-way line of said |
|
F.M. Highway 78 for a northwest corner of this tract; |
|
THENCE; South 78° 44' 39" East - 972.43 feet with the |
|
southwest right-of-way line of said F.M. Highway 78 to a concrete |
|
monument found for an angle point of this tract; |
|
THENCE; South 76° 37' 15" East - 737.62 feet with the |
|
southwest right-of-way line of said F.M. Highway 78 to a 2-inch iron |
|
pipe found for the most easterly northeast corner of this tract; |
|
THENCE; South 01° 17' 10" East - 1,097.52 feet with a east line |
|
of said Lot 2 and with the west line of a tract of land conveyed to |
|
Superior Energy Group, Ltd., as recorded in Volume 732, Page 1301 of |
|
the Guadalupe County Deed Records to a 1/2-inch iron rod found for a |
|
southeast corner of this tract; |
|
THENCE; South 87° 34' 00" West - 711.09 feet with a south line |
|
of said Lot 2 to a 1/2-inch iron rod with cap in concrete found for |
|
an interior corner of this tract; from which a bent 1-inch iron pipe |
|
bears South 87° 34' 10" West - 2.83 feet; |
|
THENCE; South 01° 22' 58" East - 1,116.97 feet with the east |
|
line of said Lot 2 to a 6 foot chain link fence corner found for an |
|
angle point of this tract; |
|
THENCE; South 00° 15' 22" East - 290.39 feet with the east line |
|
of said Lot 2 to a 1/2-inch iron rod with cap stamped 'Kling' found |
|
for a southeast corner of this tract; |
|
THENCE; North 76° 54' 03" West - 62.59 feet with the northeast |
|
right-of-way line of said Friesenhahn Road to a 5/8-inch iron rod |
|
with cap set for an interior corner of this tract; |
|
THENCE; South 01° 04' 17" East - 718.65 feet with the east line |
|
of said Lot 2 to a brass disk found in the northwest right-of-way |
|
line of said Interstate Highway 10 for the most southerly southeast |
|
corner of this tract; from which a 1/2-inch iron rod with cap 'B&A' |
|
bears South 55° 35' 30" West - 0.53 feet; |
|
THENCE; South 51° 29' 46" West with the southeast line of said |
|
Lot 2 and with the northwest right-of-way line of said Interstate |
|
Highway 10, at a distance of 489.92 feet pass a 1/2-inch iron rod |
|
with cap stamped 'B&A' found and continuing with the southeast line |
|
of said Lot 3 for a total distance of 870.11 feet to a brass monument |
|
disk found for an angle point of this tract; |
|
THENCE; South 54° 44' 17" West - 652.94 feet with the |
|
northwest right-of-way line of said Interstate Highway 10 to a |
|
brass monument disk found for an angle point of this tract; |
|
THENCE; South 58° 04' 52" West - 1,419.28 feet with the |
|
northwest right-of-way line of said Interstate Highway 10 to a |
|
3/4-inch square bar found for an angle point of this tract; |
|
THENCE; South 61° 55' 18" West - 999.03 feet with the |
|
northwest right-of-way line of said Interstate Highway 10 to a |
|
1/2-inch iron rod with cap stamped 'Kling' found for an angle point |
|
of this tract; |
|
THENCE; South 69° 00' 37" West - 561.36 feet with the |
|
northwest right-of-way line of said Interstate Highway 10 to the |
|
POINT OF BEGINNING and containing 539.0054 acres (23,479,075 square |
|
feet) of land. |
|
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. |
|
|
|
* * * * * |