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relating to the creation of the Pilot Knob Municipal Utility |
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District No. 2; providing authority to impose a tax and issue bonds. |
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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 8376 to read as follows: |
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CHAPTER 8376. PILOT KNOB MUNICIPAL UTILITY DISTRICT NO. 2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8376.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Pilot Knob Municipal Utility |
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District No. 2. |
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(5) "Municipality" means a municipality in whose |
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corporate limits or extraterritorial jurisdiction the district is |
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located. |
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Sec. 8376.002. 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. 8376.003. 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 permanent |
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directors as provided by Section 8376.051 of this code and Section |
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49.102, Water Code. |
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Sec. 8376.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The |
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temporary directors may not hold an election under Section 8376.003 |
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until each municipality has consented by ordinance or resolution to |
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the creation of the district and to the inclusion of land in the |
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district. |
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(b) If a municipality does not consent to the creation of |
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the district or if the district does not enter into an agreement |
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required by the terms of the municipal ordinance or resolution |
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consenting to the creation of the district under this section |
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before September 1, 2012: |
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(1) the district is dissolved September 1, 2012, |
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except that: |
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(A) any debts incurred shall be paid; |
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(B) any assets that remain after the payment of |
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debts shall be transferred to the municipality or another local |
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governmental entity to be used for a public purpose; and |
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(C) the organization of the district shall be |
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maintained until all debts are paid and remaining assets are |
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transferred; and |
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(2) this chapter expires September 1, 2012. |
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Sec. 8376.005. 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. 8376.006. 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 enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting 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 8376.007-8376.050 reserved for expansion] |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8376.051. GOVERNING BODY; TERMS. (a) Except as |
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provided by Subsection (b), the district is governed by a board of |
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five elected directors. |
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(b) If required under the terms of the agreement, ordinance, |
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or resolution by which a municipality consents to the creation of |
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the district, the board consists of: |
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(1) four elected directors; and |
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(2) one director appointed by the governing body of |
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the municipality. |
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(c) A director appointed under Subsection (b)(2) is not |
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required to be a qualified voter of the district or to own land |
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subject to taxation in the district. |
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(d) Except as provided by Section 8376.052, directors serve |
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staggered four-year terms. A permanent director may not serve more |
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than two four-year terms. |
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(e) The common law doctrine of incompatibility does not |
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disqualify an official or employee of a municipality from being |
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appointed a director by the governing body of a municipality under |
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Subsection (b)(2), and a director appointed to the board may |
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continue to serve in a public office of or be employed by the |
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municipality. |
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Sec. 8376.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting 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 commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons 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 8376.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8376.003 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 8376.003; 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 8376.053-8376.100 reserved for expansion] |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8376.101. 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. 8376.102. 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. 8376.103. 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 exercise the powers provided by this |
|
section without submitting a petition to or obtaining approval from |
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the commission as required by Section 54.234, Water Code. |
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Sec. 8376.104. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 8376.103 |
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unless: |
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(1) each municipality or county that will operate and |
|
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 |
|
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) Except as provided by Subsection (a), the district is |
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not required to obtain approval from the Texas Transportation |
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Commission to design, acquire, construct, finance, issue bonds for, |
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improve, or convey a road project. |
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Sec. 8376.105. COMPLIANCE WITH AND ENFORCEABILITY OF |
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MUNICIPAL CONSENT AGREEMENT, ORDINANCE, OR RESOLUTION. (a) The |
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district shall comply with all applicable requirements of any |
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ordinance or resolution that is adopted under Section 54.016 or |
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54.0165, Water Code, and that consents to the creation of the |
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district or to the inclusion of land in the district. |
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(b) Any agreement between the district and a municipality |
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related to the municipality's consent to the creation of the |
|
district is valid and enforceable. |
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(c) On the issuance of bonds by the district, the district |
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is considered to have waived sovereign immunity to suit by a |
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municipality for the purpose of adjudicating a claim for breach of |
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an agreement described by this section. |
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Sec. 8376.106. CONTRACT TO FURTHER REGIONAL COOPERATION. |
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The district and a municipality may contract on terms that the board |
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and governing body of the municipality agree will further regional |
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cooperation between the district and the municipality. |
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Sec. 8376.107. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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[Sections 8376.108-8376.150 reserved for expansion] |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8376.151. 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 8376.153. |
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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 |
|
payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
|
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. 8376.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8376.151, 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 |
|
exceed the rate approved at the election. |
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(c) If required by an agreement between the district and a |
|
municipality under Section 8376.105, the total ad valorem tax rate |
|
of the district may not be less than the total ad valorem tax rate of |
|
the municipality. |
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Sec. 8376.153. 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. |
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[Sections 8376.154-8376.200 reserved for expansion] |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8376.201. 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 |
|
combination of those sources, to pay for any authorized district |
|
purpose. |
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Sec. 8376.202. 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 |
|
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. 8376.203. 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. |
|
[Sections 8376.204-8376.250 reserved for expansion] |
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SUBCHAPTER F. STRATEGIC PARTNERSHIP AGREEMENT; MUNICIPAL |
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ANNEXATION AND NOTICE |
|
Sec. 8376.251. STRATEGIC PARTNERSHIP; CONTINUATION OF |
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DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may |
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continue to exist as a limited district after full-purpose |
|
annexation by a municipality if the district and the annexing |
|
municipality state the terms of the limited district's existence in |
|
a strategic partnership agreement under Section 43.0751, Local |
|
Government Code. |
|
(b) The strategic partnership agreement may provide for a |
|
term of any number of years. The limitation in Section |
|
43.0751(g)(2), Local Government Code, on the length of the term |
|
does not apply to a limited district created under this section. |
|
Sec. 8376.252. MUNICIPAL ANNEXATION; NOTICE. (a) Sections |
|
43.0561 and 43.0562, Local Government Code, do not apply to the |
|
annexation of the district by a municipality that consents to the |
|
creation of the district under Section 8376.004. |
|
(b) Not later than the 30th day after the date a |
|
municipality adopts a resolution or ordinance consenting to the |
|
creation of the district, the municipality shall file, in the real |
|
property records of the county in which the land to be included in |
|
the district is located, a notice to a purchaser of real property in |
|
the district that describes: |
|
(1) the municipality's authority and intention to |
|
annex the district; and |
|
(2) the anticipated date of the annexation. |
|
(c) After the notice is filed, a person who proposes to sell |
|
or otherwise convey real property in the district must include the |
|
information contained in the municipality's notice in the Notice to |
|
Purchasers required by Section 49.452, Water Code. |
|
SECTION 2. The Pilot Knob Municipal Utility District No. 2 |
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initially includes all the territory contained in the following |
|
area: |
|
557.187 acres of land described below: |
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A DESCRIPTION OF 557.672 ACRES IN THE SANTIAGO DEL VALLE GRANT IN |
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TRAVIS COUNTY, TEXAS, BEING A PORTION OF A 138.540 ACRE TRACT |
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DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC., |
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DATED MARCH 2, 2007 AND RECORDED IN DOCUMENT NO. 2007038642 OF THE |
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OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A |
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20.807 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA |
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ACQUISITION INC., DATED JANUARY 3, 2007 AND RECORDED IN DOCUMENT |
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NO. 2007003159 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, |
|
TEXAS, A PORTION OF AN 81.018 ACRE TRACT DESCRIBED IN A SPECIAL |
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WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER 12, 2006 AND |
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RECORDED IN DOCUMENT NO. 2006246454 OF THE OFFICIAL PUBLIC RECORDS |
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OF TRAVIS COUNTY, TEXAS, A PORTION OF A 103.415 ACRE TRACT DESCRIBED |
|
IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED NOVEMBER |
|
20, 2006 AND RECORDED IN DOCUMENT NO. 2006224021 OF THE OFFICIAL |
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PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 167.748 ACRE |
|
TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION |
|
INC., DATED DECEMBER 13, 2006 AND RECORDED IN DOCUMENT NO. |
|
2006241307 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, |
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A PORTION OF A 42.558 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY |
|
DEED TO JONA ACQUISITION INC., DATED MAY 16, 2008 AND RECORDED IN |
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DOCUMENT NO. 2008083861 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS |
|
COUNTY, TEXAS, A PORTION OF A 20.005 ACRE TRACT DESCRIBED IN A |
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WARRANTY DEED WITH VENDOR'S LIEN TO JOHN T. HALDENSTEIN AND JOSHUA |
|
N. HALDENSTEIN, DATED DECEMBER 14, 2000 AND RECORDED IN DOCUMENT |
|
NO. 2000203669 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, |
|
TEXAS, A PORTION OF A 198.302 ACRE TRACT DESCRIBED IN A GENERAL |
|
WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER 20, 2006 AND |
|
RECORDED IN DOCUMENT NO. 2006244772 OF THE OFFICIAL PUBLIC RECORDS |
|
OF TRAVIS COUNTY, TEXAS, A PORTION OF A 232.233 ACRE TRACT DESCRIBED |
|
IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO JONA ACQUISITION |
|
INC., DATED JANUARY 8, 2009 AND RECORDED IN DOCUMENT NO. 2009003190 |
|
OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF |
|
A 37.390 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA |
|
ACQUISITION INC., DATED OCTOBER 30, 2008 AND RECORDED IN DOCUMENT |
|
NO. 2008179828 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, |
|
TEXAS, A PORTION OF COLTON BLUFF SPRINGS ROAD (APPARENT |
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RIGHT-OF-WAY WIDTH VARIES), AND ALL OF A 67.339 ACRE ACRE TRACT |
|
DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., |
|
DATED NOVEMBER 7, 2007 AND RECORDED IN DOCUMENT NO. 2007204509 OF |
|
THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; SAID 557.672 |
|
ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS |
|
FOLLOWS: |
|
BEGINNING at a 1/2" iron pipe found for an interior ell corner in |
|
the north line of said 138.540 acre tract, same being an angle point |
|
in the south line of a 380.080 acre tract described in a deed to |
|
Ernest Collins and Floretta Collins, recorded in Volume 12791, Page |
|
11 of the Real Property Records of Travis County, Texas; |
|
THENCE crossing said 138.540 acre tract, said 20.807 acre tract, |
|
Colton Bluff Springs Road, said 81.018 acre tract, said 103.415 |
|
acre tract, said 167.748 acre tract, said 42.558 acre tract, said |
|
20.005 acre tract, said 198.302 acre tract, said 232.233 acre |
|
tract, and said 37.390 acre tract, the following thirty (30) |
|
courses and distances: |
|
1. South 27°05'52" West, a distance of 3.20 feet to a |
|
calculated point; |
|
2. South 47°34'32" East, a distance of 42.94 feet to a |
|
calculated point; |
|
3. With a curve to the left, having a radius of 2002.94 |
|
feet, a delta angle of 22°31'58", an arc length of 787.70 |
|
feet, and a chord which bears South 58°50'31" East, a distance |
|
of 782.64 feet to a calculated point; |
|
4. South 19°53'30" West, a distance of 342.26 feet to a |
|
calculated point; |
|
5. With a curve to the left, having a radius of 499.99 |
|
feet, a delta angle of 41°14'55", an arc length of 359.95 |
|
feet, and a chord which bears South 00°43'58" East, a distance |
|
of 352.23 feet to a calculated point; |
|
6. South 21°21'01" East, a distance of 1149.03 feet to a |
|
calculated point; |
|
7. With a curve to the right, having a radius of 800.00 |
|
feet, a delta angle of 04°05'43", an arc length of 57.18 feet, |
|
and a chord which bears South 19°18'34" East, a distance of |
|
57.17 feet to a calculated point; |
|
8. South 27°06'32" West, a distance of 1006.99 feet to a |
|
calculated point; |
|
9. North 62°55'07" West, a distance of 393.93 feet to a |
|
calculated point; |
|
10. South 27°04'42" West, a distance of 1090.01 feet to |
|
a calculated point; |
|
11. South 62°55'07" East, a distance of 393.35 feet to a |
|
calculated point; |
|
12. South 27°05'07" West, a distance of 1284.12 feet to |
|
a calculated point; |
|
13. South 27°11'27" West, a distance of 450.14 feet to a |
|
calculated point; |
|
14. With a curve to the left, having a radius of 1399.96 |
|
feet, a delta angle of 31°05'54", an arc length of 759.86 |
|
feet, and a chord which bears North 77°33'02" West, a distance |
|
of 750.56 feet to a calculated point; |
|
15. South 86°54'01" West, a distance of 948.14 feet to a |
|
calculated point; |
|
16. With a curve to the right, having a radius of |
|
1399.96 feet, a delta angle of 31°17'38", an arc length of |
|
764.63 feet, and a chord which bears North 77°27'10" West, a |
|
distance of 755.16 feet to a calculated point; |
|
17. North 61°48'21" West, a distance of 1135.34 feet to |
|
a calculated point; |
|
18. North 28°11'39" East, a distance of 910.01 feet to a |
|
calculated point; |
|
19. With a curve to the right, having a radius of 431.98 |
|
feet, a delta angle of 53°14'32", an arc length of 401.42 |
|
feet, and a chord which bears North 58°50'30" East, a distance |
|
of 387.13 feet to a calculated point; |
|
20. North 16°01'51" West, a distance of 256.62 feet to a |
|
calculated point; |
|
21. With a curve to the left, having a radius of 606.85 |
|
feet, a delta angle of 50°15'23", an arc length of 532.29 |
|
feet, and a chord which bears North 37°39'34" West, a distance |
|
of 515.39 feet to a calculated point; |
|
22. North 62°55'18" West, a distance of 292.66 feet to a |
|
calculated point; |
|
23. With a curve to the right, having a radius of |
|
1466.51 feet, a delta angle of 180°00'00", an arc length of |
|
4607.17 feet, and a chord which bears North 27°04'42" East, a |
|
distance of 2933.02 feet to a calculated point; |
|
24. South 62°55'18" East, a distance of 292.66 feet to a |
|
calculated point; |
|
25. With a curve to the left, having a radius of 606.85 |
|
feet, a delta angle of 50°15'23", an arc length of 532.29 |
|
feet, and a chord which bears South 88°11'02" East, a distance |
|
of 515.39 feet to a calculated point; |
|
26. North 70°11'14" East, a distance of 260.49 feet to a |
|
calculated point; |
|
27. With a curve to the right, having a radius of 428.50 |
|
feet, a delta angle of 57°46'46", an arc length of 432.12 |
|
feet, and a chord which bears North 02°55'38" West, a distance |
|
of 414.04 feet to a calculated point; |
|
28. North 25°57'45" East, a distance of 891.49 feet to a |
|
calculated point; |
|
29. With a curve to the right, having a radius of 750.00 |
|
feet, a delta angle of 16°27'44", an arc length of 215.49 |
|
feet, and a chord which bears North 34°11'36" East, a distance |
|
of 214.75 feet to a calculated point; |
|
30. North 42°25'28" East, a distance of 130.83 feet to a |
|
calculated point in the common line of said 138.540 acre |
|
tract and said 380.080 acre tract, from which a 3/4" iron pipe |
|
found for an angle point in said common line bears North |
|
47°34'32" West, a distance of 1131.25 feet; |
|
THENCE South 47°34'32" East, with said common line, a distance of |
|
1475.59 feet to the POINT OF BEGINNING, containing 557.672 acres of |
|
land, more or less. |
|
SAVE AND EXCEPT 0.485 ACRES: |
|
BEING ALL OF A 21,064 SQUARE FOOT TRACT DESCRIBED IN A WARRANTY DEED |
|
AND ACCESS EASEMENT TO CREEDMOOR-MAHA WATER SUPPLY CORPORATION, |
|
DATED MAY 24 1999 AND RECORDED IN DOCUMENT NO. 1999070566 OF THE |
|
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS; SAID 0.485 ACRE |
|
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS |
|
FOLLOWS: |
|
BEGINNING at a 1/2" rebar found for the south corner of said 21,064 |
|
square foot tract, same being an angle point in the southwest line |
|
of said 232.233 acre tract, also being in the northeast line of said |
|
37.390 acre tract; |
|
THENCE North 62°15'58" West, with the southwest line of said 21,064 |
|
square foot tract, same being the northeast line of said 37.390 acre |
|
tract, a distance of 84.16 feet to a 1/2" rebar with Chaparral cap |
|
found for the west corner of said 21,064 square foot tract, same |
|
being an angle point in the southwest line of said 232.233 acre |
|
tract; |
|
THENCE with the common line of said 21,064 square foot tract and |
|
said 232.233 acre tract, the following three (3) courses and |
|
distances: |
|
1. North 27°03'32" East, a distance of 251.09 feet to a |
|
1/2" rebar found; |
|
2. South 62°00'51" East, a distance of 84.16 feet to a |
|
1/2" rebar found; |
|
3. South 27°03'32" West, a distance of 250.72 feet to |
|
the POINT OF BEGINNING, containing 0.485 acres 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, 2011. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 1756 was passed by the House on April |
|
7, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
|
voting; and that the House concurred in Senate amendments to H.B. |
|
No. 1756 on May 25, 2011, by the following vote: Yeas 142, Nays 0, |
|
2 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 1756 was passed by the Senate, with |
|
amendments, on May 23, 2011, by the following vote: Yeas 30, Nays |
|
0 |
|
. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |