81R27653 PMO-F
 
  By: Miller of Comal H.B. No. 4811
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Comal County Water Control and
  Improvement District No. 6; 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 I, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 9037 to read as follows:
  CHAPTER 9037. COMAL COUNTY WATER CONTROL AND IMPROVEMENT
  DISTRICT NO. 6
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 9037.001.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Comal County Water Control
  and Improvement District No. 6.
         Sec. 9037.002.  NATURE OF DISTRICT.  The district is a water
  control and improvement district created under Section 59, Article
  XVI, Texas Constitution.
         Sec. 9037.003.  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. 9037.004.  CONSENT REQUIRED. (a)  The temporary
  directors may not hold an election under Section 9037.003 until:
               (1)  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;
               (2)  each municipality in whose extraterritorial
  jurisdiction the district is located has:
                     (A)  approved and entered into a strategic
  partnership agreement with the district under Section 43.0751,
  Local Government Code; and
                     (B)  approved and entered into a development
  agreement with the owners of land in the district under Section
  212.172, Local Government Code;
               (3)  an agreement that addresses the provision of water
  and wastewater treatment to the land in the district has been
  approved and entered into by:
                     (A)  each municipality in whose extraterritorial
  jurisdiction the district is located;
                     (B)  the commissioners court of each county in
  which the district is located;
                     (C)  a retail or wholesale provider of water and
  wastewater treatment; and
                     (D)  the owners of land in the district;
               (4)  the commissioners court of each county in which
  the district is located has issued an order making the findings
  under Sections 51.021(a)(1), (2), (3), and (4), Water Code; and
               (5)  the commissioners court of each county in which
  the district is located has approved and entered into an agreement
  with the district that must include, but is not limited to,
  provisions relating to the use of county right-of-way, the
  district's exercise of the power of eminent domain outside the
  boundaries of the district, drainage serving the land in the
  district, platting of land in the district, and the provision of
  water and wastewater treatment to the land in the district.
         (b)  A municipality that contains district territory in its
  corporate limits or extraterritorial jurisdiction may include in
  its consent to the creation of the district any restriction on or
  condition to the consent, including a limitation on the powers of
  the district otherwise granted by this chapter.
         (c)  Sections 51.022 through 51.025, Water Code, do not apply
  to the district or the order of the county under Subsection (a)(4).
         Sec. 9037.005.  EXTRATERRITORIAL STATUS. All of the land
  included in the district, as approved by the City of Bulverde for
  inclusion in the district, is included in the extraterritorial
  jurisdiction of the City of Bulverde on adoption of the resolution
  or ordinance consenting to the creation of the district by the
  governing body of the City of Bulverde.
         Sec. 9037.006.  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 water control and improvement district as
  provided by general law and Section 59, Article XVI, Texas
  Constitution, as limited by this chapter, including the disposal of
  waste and control of storm water; and
               (2)  Section 52, Article III, Texas Constitution, as
  limited by this chapter, 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. 9037.007.  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 9037.008-9037.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 9037.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 9037.052, directors serve
  staggered four-year terms.
         Sec. 9037.052.  TEMPORARY DIRECTORS.  (a)  The temporary
  board consists of:
               (1)  Shannon Miller;
               (2)  Jim Leonard;
               (3)  David Rittenhouse;
               (4)  George Weron; and
               (5)  Blaine Lopez.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 9037.003; 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 9037.003 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 9037.003; 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 9037.053-9037.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 9037.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties, as limited by this chapter, necessary to
  accomplish the purposes for which the district is created.
         Sec. 9037.102.  WATER CONTROL AND IMPROVEMENT DISTRICT
  POWERS AND DUTIES.  The district has the powers and duties provided
  by the general law of this state, including Chapters 49 and 51,
  Water Code, applicable to water control and improvement districts
  created under Section 59, Article XVI, Texas Constitution,
  including the powers and duties that relate to the disposal of waste
  and control of storm water under Section 51.331, Water Code, as
  limited by this chapter.
         Sec. 9037.103.  AUTHORITY FOR ROAD PROJECTS. Under Section
  52, Article III, Texas Constitution, as limited by this chapter,
  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. 9037.104.  APPROVAL OF ROAD PROJECT.  (a)  The district
  may not undertake a road project authorized by Section 9037.103
  unless:
               (1)  the proposed road project complies with applicable
  municipal or county subdivision ordinances or regulations; or
               (2)  the Texas Transportation Commission has approved
  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. 9037.105.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
  OR RESOLUTION.  The district shall comply with all applicable
  requirements of any ordinance or resolution that is adopted under
  Section 42.042 or 42.0425, Local Government Code, and that consents
  to the creation of the district or to the inclusion of land in the
  district.
         Sec. 9037.106. LIMITATION ON USE OF EMINENT DOMAIN. (a)  The
  district shall not exercise the power of eminent domain outside the
  district to acquire a site or easement for:
               (1)  a road project authorized by Section 9037.103; or
               (2)  a recreational facility as defined by Section
  49.462, Water Code.
         (b)  The district shall not exercise the power of eminent
  domain outside the boundaries of the district for any purpose
  unless the proposed exercise is approved by a written resolution of
  the commissioners court of each county in which the district is
  located.
         Sec. 9037.107.  WATER AND WASTEWATER INFRASTRUCTURE. The
  district may not construct any water or wastewater improvement
  unless the plans and specifications for the improvement have been
  approved by Comal County, the City of Bulverde, and any wholesale
  provider of water or wastewater treatment to the district.
  [Sections 9037.108-9037.150 reserved for expansion]
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 9037.151.  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 9037.153.
         (b)  The district must hold an election in the manner
  provided by Chapters 49 and 51, 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. 9037.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 9037.151, 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. 9037.153.  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 9037.154-9037.200 reserved for expansion]
  SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
         Sec. 9037.201.  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. 9037.202.  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 Section 51.433, Water Code.
         Sec. 9037.203.  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 Comal County Water Control and Improvement 
  District No. 6 initially includes all the territory contained in
  the following area:
         FIELD NOTES OF A SURVEY OF 262.464 acres consisting of
  approximately 0.24 acres out of the Christian Hofheinz Survey No.
  845, Abstract 711, approximately 86.87 acres out of the Hugh White
  Survey No. 430, Abstract 658, approximately 83.08 acres out of the
  Heinrich Kabelmacher Survey No. 936, Abstract 842 and approximately
  92.274 acres out of the Mary McVicar Survey No. 238, Abstract 387,
  Comal County, Texas, being a portion of that 277.39-acre tract of
  land described in deed of record in Document No. 200506038360 of the
  Official Public Records of Comal County, Texas and being more
  particularly described by metes and bounds, as surveyed, as
  follows:
         Beginning at an 1/2" iron bar with a Paul T. Carey cap found
  set in the ground in the south right-of-way line of State Hwy. No.
  46, the northeast corner of a 277.39-acre tract of land described in
  deed of record in Document No. 200506038360 of the Official Public
  Records of Comal County, Texas and the northwest corner of a
  37.9291-acre tract of land described as Tract 5 in deed of record in
  Volume 604 at page 294 of the Official Public Records of Comal
  County, Texas, for the northeast corner of this tract;
         Thence S 9°24'25" W with the east boundary line of said
  277.39-acre tract and the west boundary line of said 37.9291-acre
  tract of land described as Tract 5, a 37.9291-acre tract of land
  described as Tract 6 in deed of record in Volume 604 at page 294 of
  the Official Public Records of Comal County, Texas and a
  37.9291-acre tract of land described as Tract 7 in deed of record in
  Volume 604 at page 294 of the Official Public Records of Comal
  County, Texas in deed of record in Volume 604 at page 294 of the
  Official Public Records of Comal County, Texas a distance of
  4,089.90 feet to an iron bar found set in the ground, the southeast
  corner of said 277.39-acre tract, the southwest corner of said
  37.9291-acre tract of land described as Tract 7 and the northwest
  corner of a 528.84-acre tract of land described in deed of record in
  Volume 107 at page 404 of the Deed Records of Comal County, Texas,
  for the southeast corner of this tract;
         Thence S 89°41'40" W with the south boundary line of said
  277.39-acre tract a distance of 2,865.80 feet to a point, for the
  southwest corner of this tract, whence an iron bar found set in the
  ground in the west right-of-way line of Blanco Road, the southwest
  corner of said 277.39-acre tract, bears S 89°41'40" W a distance of
  200.03 feet;
         Thence N 0°39'47" E crossing said 277.39-acre tract 200.00
  feet from and parallel to the east right-of-way line of Blanco Road
  and the west boundary line of said 277.39-acre tract a distance of
  3,257.33 feet to a point in the north boundary line of said
  277.39-acre tract and the south boundary line of a 50.71-acre tract
  of land described in deed of record in Volume 95 at page 155 of the
  Deed Records of Comal County, Texas, for the northwest corner of
  this tract, whence an 1/2" iron bar with a Paul T. Carey cap found
  set in the ground in the west right-of-way line of Blanco Road, the
  northwest corner of said 277.39-acre tract, bears S 89°31'30" W a
  distance of 200.04 feet;
         Thence N 89°31'30" E with the north boundary line of said
  277.39-acre tract and the south boundary lines of said 50.71-acre
  tract and a 55.97-acre tract of land described in deed of record in
  Volume 95 at page 159 of the Deed Records of Comal County, Texas a
  distance of 1,898.70 feet to an iron bar found set in the ground, a
  reentrant corner of said 277.39-acre tract and the southeast corner
  of said 55.97-acre tract, for a reentrant corner of this tract;
         Thence N 4°02'58" E with a west boundary line of said
  277.39-acre tract and the east boundary line of said 55.97-acre
  tract a distance of 926.02 feet to an 1/2" iron bar with a Schwartz
  Surveying cap found set in the ground, a corner of said 277.39-acre
  tract and a reentrant corner of said 55.97-acre tract, for a corner
  of this tract;
         Thence S 81°19'53" E with a north boundary line of said
  277.39-acre tract and a south boundary line of said 55.97-acre
  tract a distance of 351.44 feet to an 1/2" iron bar with a Schwartz
  Surveying cap found set in the ground, a corner of said 277.39-acre
  tract and a corner of said 55.97-acre tract, for a corner of this
  tract;
         Thence S 89°14'50" E with a north boundary line of said
  277.39-acre tract and a south boundary line of said 55.97-acre
  tract a distance of 493.56 feet to an 1/2" iron bar with an orange
  Sinclair and Associates cap set in the ground in the arc of a curve
  having a radius of 1,482.39 feet, the south right-of-way line of
  State Hwy. No. 46, a corner of said 277.39-acre tract and a corner
  of said 55.97-acre tract, for a corner of this tract;
         Thence curve left in a southeasterly direction along the arc
  of said curve having a radius of 1,482.39 feet with the south
  right-of-way line of State Hwy. No. 46 and a north boundary line of
  said 277.39-acre tract, through a central angle of 17°58'53", a
  chord bearing and distance of S 79°48'28" E - 463.32 feet, a distance
  of 465.22 feet to an 1/2" iron bar with an orange Sinclair and
  Associates cap set in the ground, a corner of said 277.39-acre
  tract, for a corner of this tract;
         Thence S 88°47'55" E with the south right-of-way line of State
  Hwy. No. 46 and a north boundary line of said 277.39-acre tract a
  distance of 235.62 feet to the point of beginning.
         Containing 262.464 acres (11,432,924 square feet) of land,
  more or less.
         SECTION 3.  (a)  The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.