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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the South Fork Ranch Municipal Utility |
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District; providing authority to impose a tax and issue bonds; |
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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 Chapter 8345 to read as follows: |
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CHAPTER 8345. SOUTH FORK RANCH MUNICIPAL UTILITY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8345.001. 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 South Fork Ranch Municipal |
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Utility District. |
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Sec. 8345.002. 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. 8345.003. 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. 8345.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8345.003 |
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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. 8345.005. 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, or improvement of |
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macadamized, graveled, or paved roads described by Section 54.234, |
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Water Code, or improvements, including storm drainage, in aid of |
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those roads. |
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Sec. 8345.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act creating this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act creating this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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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 |
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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 8345.007-8345.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8345.051. 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 8345.052, directors serve |
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staggered four-year terms. |
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Sec. 8345.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Nyle Maxwell; |
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(2) John Avery; |
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(3) Charles Avery; |
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(4) Joseph Rutledge; and |
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(5) Troy Lawson. |
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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 8345.003; 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 8345.003 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 8345.003; 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 Texas Commission on Environmental |
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Quality requesting that the commission appoint as successor |
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temporary directors the five persons named in the petition. The |
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commission shall appoint as successor temporary directors the five |
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persons named in the petition. |
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[Sections 8345.053-8345.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8345.101. 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. 8345.102. 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. 8345.103. AUTHORITY FOR ROAD PROJECTS. (a) Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, and |
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convey to this state, a county, or a municipality for operation and |
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maintenance macadamized, graveled, or paved roads described by |
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Section 54.234, Water Code, or improvements, including storm |
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drainage, in aid of those roads. |
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(b) The district may not exercise the powers provided by |
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this section unless the district submits a petition to and obtains |
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approval from the Texas Commission on Environmental Quality as |
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required by Section 54.234, Water Code. |
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Sec. 8345.104. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 8345.103 |
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unless: |
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(1) each municipality or county that will operate and |
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maintain the road has approved the plans and specifications of the |
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road project, if a municipality or county will operate and maintain |
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the road; or |
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(2) the Texas Transportation Commission has approved |
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the plans and specifications of the road project, if the state will |
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operate and maintain the road. |
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(b) The district may not design, acquire, construct, |
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finance, issue bonds for, improve, or convey a road project unless |
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the district obtains approval from the Texas Transportation |
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Commission. |
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Sec. 8345.105. STREET REPAIR AND MAINTENANCE. (a) After |
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the 10th anniversary of the effective date of the Act creating this |
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chapter, the district, at the district's expense, shall repair and |
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maintain the streets in the district. |
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(b) A district's repair and maintenance of a street under |
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this section must meet all applicable construction standards and |
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regulations of Williamson County. |
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Sec. 8345.106. 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 under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8345.107. 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 8345.103; 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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[Sections 8345.108-8345.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8345.151. 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 8345.153. |
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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. 8345.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8345.151, 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. 8345.153. 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 8345.154-8345.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8345.201. 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. 8345.202. 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 |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8345.203. 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 |
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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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SECTION 2. The South Fork Ranch Municipal Utility District |
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initially includes all the territory contained in the following |
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area: |
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DESCRIPTION, PREPARED FROM PUBLIC RECORD INFORMATION, OF |
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164.96 ACRES OF LAND OUT OF THE JOHN THOMAS SURVEY, ABSTRACT NO. |
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610, IN WILLIAMSON COUNTY, TEXAS; SAID 164.96 ACRES BEING CONVEYED |
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TO MAXWELL INVESTMENTS, INC. BY T. NYLE MAXWELL, JR. AND WIFE, NANCY |
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MAXWELL IN DOCUMENT NO. 2002036162, OFFICIAL PUBLIC RECORDS OF |
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WILLIAMSON COUNTY, TEXAS, (OPRWCT); OWNERSHIP TO THE NOW MAXWELL |
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INVESTMENTS, L.C. 164.96 ACRE TRACT IS AS FOLLOWS: |
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1) 25% RETAINED BY T. NYLE MAXWELL, JR AND WIFE, NANCY |
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MAXWELL |
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2) 20% CONVEYED TO JIM BOLES IN DOCUMENT NO. 2006072098. AN |
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ADDITIONAL 5% CONVEYED TO JIM BOLES IN DOCUMENT NO. 2007054616 |
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(FROM JOHN LEWIS - SEE #3 BELOW) |
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3) 30% CONVEYED TO JOHN LEWIS IN DOCUMENT NO. 2006072100, |
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LESS 5% CONVEYED TO JIM BOLES IN DOCUMENT NO. 2007054616 (SEE #2 |
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ABOVE) |
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4) 25% CONVEYED TO ROBERT D. WUNSCH IN DOCUMENT NO. |
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2007054615 |
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THE SAID 164.96 ACRES BEING MORE PARTICULARLY DESCRIBED, BY |
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METES AND BOUNDS, AS FOLLOWS: |
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BEGINNING on the north line of called County Road No. 101 at |
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the southeast corner of the said 164.96 acre tract, same being the |
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southeast corner hereof, also being the southwest corner of a 147 |
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acre tract conveyed to Evelyn M. Vittek, Trustee in Document No. |
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2007087054, OPRWCT; |
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THENCE along the south line of said 164.96 acre tract, same |
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being the north line of said County Road No. 101, S70°58'30"W, |
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1246.43 feet, to a point on the west line of said County Road No. |
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101, for an ell corner; |
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THENCE continuing along the south line of said 164.96 acre |
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tract, same being the west line of said County Road No. 101, |
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S14°11'E, 24.52 feet to a point on or near the south line of the said |
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John Thomas Survey for an ell corner, same being in the north line |
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of a 106.55 acre tract conveyed to Walter G. Krueger by Document No. |
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1998044003, OPRWCT; |
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THENCE continuing along the south line of said 164.96 acre |
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tract, same being the said north line of the 106.55 acre tract, also |
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being along the north line of a 52.025 acre tract conveyed to |
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Simmons Austin, L.L.C. by Document No. 2006078801, OPRWCT, |
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S71°19'W, 1409.23 feet to the southwest corner of the said 164.96 |
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acre tract, same being the southwest corner hereof, also being the |
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southeast corner of a 240.72 acre tract conveyed to Dwayne Krueger |
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and wife, Nicki S. Krueger in Document No. 1997053672, OPRWCT; |
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THENCE, departing the said common line between the 164.96 |
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acre tract and the said 52.025 acre tract, along the common line |
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between the 164.96 acre tract and the said 240.72 acre tract, |
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N18°10'30"W, 2748.34 feet to the northwest corner of the said 164.96 |
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acre tract, same being the northwest corner hereof, also being the |
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southwest corner of a remainder portion of a called 178.4 acre tract |
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conveyed to Edgar D. Olson and Edna L (Harris) Billings in Volume |
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504, Page 33, Deed Records of Williamson County, Texas (DRWCT) |
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THENCE, along the said common line between the 164.96 acre |
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tract and the said 178.4 acre tract, N70°59'E, 2582.48 feet to the |
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northeast corner of the said 164.96 acre tract, same being the |
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northeast corner hereof, also being the southeast corner of said |
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178.4 acre tract, also being in the west line of the said 147 acre |
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tract; |
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THENCE, departing the 178.4 acre tract, along the common line |
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between the 164.96 acre tract and the said 147 acre tract, S19°45'E, |
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2731.91 feet to the POINT OF BEGINNING, and containing 164.96 acres |
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of land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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