|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of the Bell County Municipal Utility |
|
District No. 1; 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 8372 to read as follows: |
|
CHAPTER 8372. BELL COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8372.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "Director" means a board member. |
|
(4) "District" means the Bell County Municipal Utility |
|
District No. 1. |
|
Sec. 8372.002. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 8372.003. 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. 8372.004. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section 8372.003 |
|
until each municipality in whose corporate limits or |
|
extraterritorial jurisdiction the district is located has |
|
consented by ordinance or resolution to the creation of the |
|
district and to the inclusion of land in the district. |
|
Sec. 8372.005. 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, or improvement of |
|
macadamized, graveled, or paved roads described by Section 54.234, |
|
Water Code, or improvements, including storm drainage, in aid of |
|
those roads. |
|
Sec. 8372.006. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 2 of the Act enacting this chapter. |
|
(b) The boundaries and field notes contained in Section 2 of |
|
the Act enacting 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 8372.007-8372.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8372.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Except as provided by Section 8372.052, directors serve |
|
staggered four-year terms. |
|
Sec. 8372.052. TEMPORARY DIRECTORS. (a) The temporary |
|
board consists of: |
|
(1) Roger Hunter; |
|
(2) Randy Reding; |
|
(3) David Barr; |
|
(4) Karen Walinder; and |
|
(5) David Lazar. |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8372.003; or |
|
(2) September 1, 2015. |
|
(c) If permanent directors have not been elected under |
|
Section 8372.003 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 8372.003; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(d) If Subsection (c) applies, the owner or owners of a |
|
majority of the assessed value of the real property in the district |
|
may submit a petition to the commission requesting that the |
|
commission appoint as successor temporary directors the five |
|
persons named in the petition. The commission shall appoint as |
|
successor temporary directors the five persons named in the |
|
petition. |
|
[Sections 8372.053-8372.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8372.101. GENERAL POWERS AND DUTIES. The district has |
|
the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 8372.102. 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. 8372.103. AUTHORITY FOR ROAD PROJECTS. (a) Under |
|
Section 52, Article III, Texas Constitution, the district may |
|
design, acquire, construct, finance, issue bonds for, improve, and |
|
convey to this state, a county, or a municipality for operation and |
|
maintenance macadamized, graveled, or paved roads described by |
|
Section 54.234, Water Code, or improvements, including storm |
|
drainage, in aid of those roads. |
|
(b) The district may exercise the powers provided by this |
|
section without submitting a petition to or obtaining approval from |
|
the commission as required by Section 54.234, Water Code. |
|
Sec. 8372.104. APPROVAL OF ROAD PROJECT. (a) The district |
|
may not undertake a road project authorized by Section 8372.103 |
|
unless: |
|
(1) each municipality or county that will operate and |
|
maintain the road has approved the plans and specifications of the |
|
road project, if a municipality or county will operate and maintain |
|
the road; 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. 8372.105. 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 54.016 or 54.0165, Water Code, and that consents to the |
|
creation of the district or to the inclusion of land in the |
|
district. |
|
Sec. 8372.106. 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 8372.103; or |
|
(2) a recreational facility as defined by Section |
|
49.462, Water Code. |
|
[Sections 8372.107-8372.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8372.151. 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 8372.153. |
|
(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. 8372.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 8372.151, 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. 8372.153. 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 8372.154-8372.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 8372.201. 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. 8372.202. 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. 8372.203. 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 Bell County Municipal Utility District No. 1 |
|
initially includes all the territory contained in the following |
|
area: |
|
Being all that certain tract or parcel of land situated in the C. H. |
|
Fitch Survey, A-316, the John Lewis Survey, A-512, the S.C. Fitch |
|
Survey, A-371, and the Young Williams Survey, A-861, Bell County, |
|
Texas, being all of Tract One (called 442.51 acres), Tract Two |
|
(called 23.923 acres), and Tract 4 (called 8.440 acres) described |
|
in deed to Weldon Whitis and Bruce Whitis in Volume 4441, Page 575, |
|
Official Records, Bell County, Texas, and all of that certain |
|
called 64.7 acre tract described in deed to Whitis Land |
|
Investments, Ltd., in Volume 6622, Page 114, Official Records, Bell |
|
County, Texas, and being more particularly described by metes and |
|
bounds as follows: |
|
BEGINNING at an iron rod at the southeast corner of said Tract 4 |
|
(called 8.440 acres), same being in the north line of said Tract One |
|
(called 442.51 acres), also being the southwest corner of Tract |
|
Three (called 6.747 acres) also described in deed to Weldon Whitis |
|
and Bruce Whitis in Volume 4441, Page 575, Official Records, Bell |
|
County, Texas, for corner of the herein described tract, |
|
THENCE N 17°42'07" E, 444.85 along the west line of said Tract Three |
|
and east line of said Tract Two to an iron pipe for corner of the |
|
herein described tract; |
|
THENCE in a westerly direction along the north line of said Tract |
|
Three with the following courses: |
|
1. N 88°11'16" W, 310.38 feet to an iron pipe; |
|
2. S 83°11'40" W, 317.12 feet, to an iron pipe; |
|
3. S 82°58'31" W, 246.70, feet to an iron pipe, for the northwest |
|
corner of said Tract Three; |
|
THENCE in a southerly direction along the west line of said Tract |
|
Three with the following courses: |
|
1. S 10°13'31" W, 26.66 feet; |
|
2. S 29°13'59" E, 10.60 feet; |
|
3. S 01°30'59" E 14.54 feet; |
|
4. S 43°00'42" W, 24.35 feet; |
|
5. S 61°37'21" W, 12.89 feet; |
|
6. S 14°33'54" W, 88.90 feet, to an iron pipe in a fence corner, for |
|
an ell corner; |
|
THENCE N 71°44'38" W, 190.17 feet, westerly, along a north line of |
|
said Tract Three to an iron rod in the north line of said Tract One; |
|
THENCE in a westerly direction along the north line of said Tract |
|
One with the following courses: |
|
1. N 70°34'14" W, 44.59 feet, an iron rod for corner; |
|
2. N 72°25'22" W, 616.92 feet, an iron rod for corner; |
|
3. N 74°43'06" W, 507.39 feet, an iron rod in the east line of said |
|
64.7 acre tract, for corner; |
|
THENCE N 15°55'53" E, 851.78 feet, westerly, along an east line of |
|
said 64.7 acre tract to a cedar, for the northeast corner of said |
|
64.7 acre tract; |
|
THENCE in a westerly direction a the north line of said 64.7 acre |
|
tract with the following courses: |
|
1. N 48°17'37" W, 82.11 feet, a post for corner; |
|
2. N 28°55'27" W, 225.01 feet, a post for corner; |
|
3. N 58°18'37" W, 18.24 feet, an elm for corner; |
|
4. N 75°42'40" W, 266.08 feet, an iron rod for corner; |
|
5. N 75°23'12" W, 237.82 feet, an iron rod for corner; |
|
6. N 73°19'20" W, 164.19 feet, an iron rod for the northeast corner |
|
of Lot 5, Block 6, Stoneoak Subdivision, Phase 2, recorded in |
|
Cabinet B, Slide 334-B, Plat Records, Bell County, Texas, for |
|
corner of the herein described tract; |
|
THENCE along the easterly and southerly boundaries of Block 6, |
|
Stoneoak Subdivision, Phase 2 with the following courses: |
|
1. S 14°37'25" W, 427.85 feet, an iron rod for corner; |
|
2. S 39°36'49" W, 477.27 feet, an iron rod for corner; |
|
3. N 50°23'11" W, 139.40 feet, an iron rod in the north margin of |
|
Stoneoak Dr., for corner; |
|
THENCE S 39°36'49" W, 60.00 feet, to an iron rod in the south margin |
|
of Stoneoak Dr, for corner; |
|
THENCE N 50°23'59" W, 99.90 feet, along the south margin of Stoneoak |
|
Dr., to an iron rod for the northeast corner of Block 3, Stoneoak |
|
Subdivision, Phase 2, for corner; |
|
THENCE along the easterly and southerly boundaries of Block 3, |
|
Stoneoak Subdivision, Phase 2 with the following courses: |
|
1. S 39°39'11" W, 139.38 feet, an iron rod for the northeast corner |
|
of Lot 5, Block 3, Stoneoak Subdivision, Phase 2, for corner; |
|
2. N 50°23'11" W, 311.48 feet, an iron rod, for corner; |
|
3. N 53°09'02" W, 458.34 feet, an iron rod for the southwest corner |
|
of Lot 1, Block 3, Stoneoak Subdivision, Phase 2, same being the |
|
southeast corner of Lot 1, Block 1, Stoneoak Subdivision, Phase 1, |
|
recorded in Cabinet B, Slide 236-B, Plat Records, Bell County, |
|
Texas, for corner; |
|
THENCE N 53°50'25" W, 155.91 feet, along the south line of said Lot |
|
1, Block 1, to an iron rod in the east margin of FM 1670, for corner; |
|
THENCE S 27°04'56" W, 566.14 feet, along the east margin of FM 1670 |
|
for an iron rod in the north line of Lot 6, Block 1, Stoneoak |
|
Subdivision, Phase 1, for corner; |
|
THENCE along the easterly and southerly boundaries of Lot Lot 6, |
|
Block 1, Stoneoak Subdivision, Phase 1, with the following courses: |
|
1. S 53°56'27" E, 155.87 feet, an iron rod for corner; |
|
2. S 27°04'53" W, 145.23 feet, an iron rod for the southeast corner |
|
of said Lot 6, Block 1, Stoneoak Subdivision, Phase 1, and corner of |
|
the herein described tract; |
|
THENCE along the southeasterly along the southerly boundary of said |
|
64.7 acre tract with the following courses: |
|
1. S 56°19'35" E, 696.11 feet, an iron rod, for corner; |
|
2. N 23°01'40" E, 18.36 feet, an iron rod, for corner; |
|
3. S 47°22'19" E, 1346.71 feet, an iron rod, in the west line of |
|
said Tract One and an ell corner of the herein described tract; |
|
THENCE in a southerly direction along the fenced west line of said |
|
Tract One with the following courses: |
|
1. S 45°43'29" W, 521.79 feet, an iron rod, for corner; |
|
2. S 28°59'19" W, 430.76 feet, an iron rod, for corner; |
|
3. S 15°02'24" W, 590.71 feet, a 12" cedar, for corner; |
|
4. S 31°13'21" W, 11.21 feet, a 12" cedar, for corner; |
|
5. S 28°24'41" W, 2.53 feet, an iron rod for the north corner of the |
|
called 8.12 acre tract described in deed to the United States of |
|
America in Volume 874, Page 283, Deed Records of Bell County, Texas; |
|
THENCE S 19°42'32" E, 1187.26 feet, along a east line of said 8.12 |
|
acre tract and west line of said Tract One to an iron pipe for the |
|
south corner of said 8.12 acre tract, for corner; |
|
THENCE S 15°55'45" W, 377.40 feet, along a north west line of said |
|
Tract One to an iron pipe for the westerly southwest corner of the |
|
herein described tract; |
|
THENCE S 78°41'13" E, 2847.43 feet, along a south line of said Tract |
|
One and existing fence to an iron pipe in a fence corner, same being |
|
an ell corner of the herein described tract; |
|
THENCE S 12°34'41" W, 95.71 feet, to a point, for corner; |
|
THENCE in a easterly direction 100' north of an parallel to the |
|
south line of said Tract One, south line of said Tract Two, and left |
|
bank of the Lampasas River with the following courses: |
|
1. N 59°59'13" E, 125.67 feet, a point, for corner; |
|
2. N 78°13'20" E, 288.55 feet, a point, for corner; |
|
3. S 69°41'17" E, 72.82 feet, a point, for corner; |
|
4. S 67°06'56" E, 275.14 feet, a point, for corner; |
|
5. S 58°22'11" E, 271.35 feet, a point, for corner |
|
6. S 46°50'39" E, 512.57 feet, a point, for corner; |
|
7. S 26°54'16" E, 299.38 feet, a point, for corner; |
|
8. S 43°48'14" E, 309.26 feet, a point, for the southeast corner of |
|
the herein described tract; |
|
THENCE in a northerly direction along the fenced east line of said |
|
Tract Two, and east line of the herein described tract, with the |
|
following courses: |
|
1. N 14°02'58" E, 481.07 feet, a post, for corner; |
|
2. N 02°07'12" W, 180.92 feet, a post, for corner; |
|
3. N 10°32'57" E, 614.21 feet, a post, for corner; |
|
4. N 49°54'32" E, 229.03 feet, a fence corner post for the |
|
northeast corner of said Tract Two; |
|
THENCE in a westerly direction along a fenced north line of said |
|
Tract Two, and east line of the herein described tract, with the |
|
following courses: |
|
1. N 72°21'30" W, 39.54 feet, an iron rod, for corner; |
|
2. N 64°20'47" W, 70.85 feet, an iron rod in a fence corner in the |
|
east line of said Tract One, for corner of the herein described |
|
tract; |
|
THENCE in a northerly direction along the fenced east line of said |
|
Tract One, and east line of the herein described tract, with the |
|
following courses: |
|
1. N 53°59'40" E, 167.20 feet, an iron rod, for corner; |
|
2. N 59°20'36" E, 58.19 feet, an iron rod, for corner; |
|
3. N 62°55'16" E, 71.72 feet, an iron rod, for corner; |
|
4. N 69°11'44" E, 68.89 feet, a an iron rod, for corner; |
|
5. N 62°45'31" E, 112.05 feet, an iron rod, for corner; |
|
6. N 73°56'23" E, 35.96 feet, an iron rod, for corner; |
|
7. N 61°52'10" E, 86.51 feet, an iron rod, for corner; |
|
8. N 51°31'36" E, 274.08 feet, an iron rod, for corner; |
|
9. N 45°30'37" E, 58.94 feet, an iron rod, for corner; |
|
10. N 35°22'34" E, 111.93 feet, an iron rod, for corner; |
|
11. N 24°37'26" E, 55.46 feet, an iron rod, for corner; |
|
12. N 02°52'20" E, 61.55 feet, an iron rod, for corner; |
|
13. N 05°33'08" W, 125.86 feet, an iron rod, for corner; |
|
14. N 42°54'00" W, 25.42 feet, an iron rod, for corner; |
|
15. N 83°42'20" W, 111.89 feet, a post, for corner; |
|
16. N 79°38'56" W, 59.70 feet, an iron rod, for corner; |
|
17. N 12°35'12" E, 319.71 feet, a 14" cedar, for corner; |
|
18. N 03°59'50" E, 60.17 feet, an iron rod, for corner; |
|
19. N 00°04'49" E, 10.78 feet, an iron rod, for corner; |
|
20. N 24°58'14" E, 56.12 feet, an iron rod, for corner; |
|
21. N 12°05'54" E, 554.94 feet, an iron rod, for corner; |
|
22. N 14°09'42" W, 13.29 feet, an iron rod, for corner; |
|
23. N 54°33'04" W, 43.94 feet, an iron rod, for corner; |
|
24. N 67°13'03" W, 67.22 feet, an iron rod, for corner; |
|
25. N 15°57'36" E, 766.87 feet, an iron rod in a fence corner, same |
|
being the most easterly northeast corner of said Tract One, for |
|
corner of the herein described tract; |
|
THENCE N 76°03'02" W, 608.28 feet, along the fenced north line of |
|
said Tract One to an iron rod in a fence corner for an ell corner of |
|
the herein described tract; |
|
THENCE N 16°06'35" E, 385.98 feet, along a fenced east line of said |
|
Tract One to an iron pipe in a fence corner for corner; |
|
THENCE N 74°31'12" W, 801.90 feet, along a fenced north line of said |
|
Tract One to an iron pipe in a fence corner for corner; |
|
THENCE S 16°27'16" W, 399.55 feet, along a fenced line of said Tract |
|
One to an iron pipe in a fence corner for corner; |
|
THENCE N 71°41'44" W, 1155.49 feet, along a fenced north line of said |
|
Tract One to an iron rod for the southeast corner of said Tract |
|
Three (called 6.747 acres), for corner; |
|
THENCE N 71°42'51" W, 62.25 feet along the south line of said Tract |
|
Three and north line of said Tract One to the PLACE OF BEGINNING and |
|
containing a called mathematical total of 534.66 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. (a) Section 8372.106, Special District Local |
|
Laws Code, as added by Section 1 of this Act, takes effect only if |
|
this Act receives a two-thirds vote of all the members elected to |
|
each house. |
|
(b) If this Act does not receive a two-thirds vote of all the |
|
members elected to each house, Subchapter C, Chapter 8372, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 8372.106 to read as follows: |
|
Sec. 8372.106. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(c) This section is not intended to be an expression of a |
|
legislative interpretation of the requirements of Section 17(c), |
|
Article I, Texas Constitution. |
|
SECTION 5. Except as provided by Section 4 of this Act, this |
|
Act takes effect September 1, 2011. |