|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of the Southeast Travis County Municipal |
|
Utility District No. 3; providing authority to impose a tax and |
|
issue bonds; granting a limited power of eminent domain. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subtitle F, Title 6, Special District Local Laws |
|
Code, is amended by adding Chapter 8____ to read as follows: |
|
CHAPTER 8___. SOUTHEAST TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT |
|
NO._3 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8___.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the district's board of directors. |
|
(2) "Director" means a board member. |
|
(3) "District" means the Southeast Travis County |
|
Municipal Utility District No. 3. |
|
Sec. 8___.002. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 8___.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. 8___.004. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section 8___.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. 8___.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
|
(a) The district is created to serve a public purpose and benefit. |
|
(b) The district is created to accomplish the purposes of: |
|
(1) a municipal utility district as provided by |
|
general law and Section 59, Article XVI, Texas Constitution; and |
|
(2) Section 52, Article III, Texas Constitution, that |
|
relate to the construction, acquisition, improvement, operation, |
|
or maintenance of macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
Sec. 8___.006. INITIAL DISTRICT TERRITORY. (a) The |
|
district is initially composed of the territory described by |
|
Section 2 of the Act creating this chapter. |
|
(b) The boundaries and field notes contained in Section 2 of |
|
the Act creating this chapter form a closure. A mistake made in the |
|
field notes or in copying the field notes in the legislative process |
|
does not affect the district's: |
|
(1) organization, existence, or validity; |
|
(2) right to issue any type of bond for the purposes |
|
for which the district is created or to pay the principal of and |
|
interest on a bond; |
|
(3) right to impose a tax; or |
|
(4) legality or operation. |
|
[Sections 8___.007-8___.050 reserved for expansion] |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 8___.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Except as provided by Section 8___.052, directors serve |
|
staggered four-year terms. |
|
Sec. 8___.052. TEMPORARY DIRECTORS. |
|
(a) On or after the effective date of the Act creating this |
|
chapter, the owner or owners of a majority of the assessed value of |
|
the real property in the district may submit a petition to the Texas |
|
Commission on Environmental Quality requesting that the commission |
|
appoint as temporary directors the five persons named in the |
|
petition. The commission shall appoint as temporary directors the |
|
five persons named in the petition. |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8___.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 8___.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 8___.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 8___.053-8___.100 reserved for expansion] |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 8___.101. GENERAL POWERS AND DUTIES. The district has |
|
the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 8___.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. 8___.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. 8___.104. APPROVAL OF ROAD PROJECT. (a) The district |
|
may not undertake a road project authorized by Section 8___.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. 8___.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. 8___.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 8___.103; or |
|
(2) a recreational facility as defined by Section |
|
49.462, Water Code. |
|
[Sections 8___.107-8___.150 reserved for expansion] |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8___.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 8___.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. 8___.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 8___.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. 8___.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 8___.154-8___.200 reserved for expansion] |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 8___.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. 8___.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. 8___.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 Southeast Travis County Municipal Utility |
|
District No. 3 initially includes all the territory contained in |
|
the following area: |
|
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF |
|
THE JOSE ANTONIO NAVARRO SURVEY, ABSTRACT 18, SITUATED IN TRAVIS |
|
COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED |
|
AS BEING A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND |
|
CONVEYED TO QUALICO CR, LP IN DOCUMENT NUMBER 2008139825, ALL OF |
|
THAT CERTAIN 23.841 ACRE TRACT OF LAND CONVEYED TO QUALICO CR, LP IN |
|
DOCUMENT NUMBER 2007154328, A PORTION OF THAT CERTAIN 290.812 ACRE |
|
TRACT OF LAND CONVEYED TO QUALICO CR, LP IN DOCUMENT NUMBER |
|
2007160468, A PORTION OF THAT CERTAIN 49.020 ACRE TRACT OF LAND |
|
CONVEYED TO CENTURY RANCH I, LP IN DOCUMENT NUMBER 2010119927 AND A |
|
PORTION OF THAT CERTAIN 362.872 ACRE TRACT OF LAND CONVEYED TO |
|
QUALICO CR, LP IN DOCUMENT NUMBER 2008082363 ALL OF THE OFFICIAL |
|
PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, SAID TRACT OF LAND BEING |
|
562.688 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS AS |
|
FOLLOWS: |
|
BEGINNING, at an iron rod found at the southwest corner of said |
|
23.841 acre Qualico CR, LP tract, also being the southernmost |
|
southeast corner of said 362.872 acre Qualico CR, LP tract, also |
|
being a point on the northern right-of-way line of Pearce Lane, a |
|
varying width public roadway, for the POINT OF BEGINNING of the |
|
herein described tract, |
|
THENCE, with the southern boundary line of said 362.872 acre |
|
Qualico CR, LP tract and the northern right-of-way line of said |
|
Pearce Lane, N63°00'48"W, a distance of 183.67 feet to an iron rod |
|
found at the southwest corner of said 362.872 acre Qualico CR, LP |
|
tract, also being the southeast corner of said 290.812 acre Qualico |
|
CR, LP tract, |
|
THENCE, with the southern boundary line of said 290.812 acre |
|
Qualico CR, LP tract and the northern right-of-way line of said |
|
Pearce Lane, the following three (3) courses and distances numbered |
|
1 through 3, |
|
1. N62°50'18"W, a distance of 259.97 feet to an iron rod |
|
found, |
|
2. N62°24'59"W, a distance of 199.34 feet to an iron rod |
|
found and |
|
3. N61°59'58"W, a distance of 669.48 feet to a |
|
calculated point for the southwest corner of the herein |
|
described tract, |
|
THENCE, leaving the northern right-of-way line of said Pearce Lane, |
|
and crossing said 290.812 acre Qualico CR, LP tract and said 49.020 |
|
acre Century Ranch I, LP tract, the following nineteen (19) courses |
|
and distances, numbered 1 through 19, |
|
1.N28°02'07"E, a distance of 720.75 feet to a calculated |
|
point, |
|
2.N31°30'38"W, a distance of 170.81 feet to a calculated |
|
point of curvature to the left, |
|
3.with said curve to the left having a radius of 535.00 |
|
feet, an arc length of 228.96 feet and whose chord bears |
|
N43°46'14"W, a distance of 227.21 feet to a calculated point, |
|
4.N56°01'50"W, a distance of 475.38 feet to a calculated |
|
point of curvature to the right, |
|
5.with said curve to the right having a radius of 20.00 |
|
feet, an arc length of 31.42 feet, and whose chord bears |
|
N11°01'50"W, a distance of 28.28 feet to a calculated point, |
|
6.N33°58'10"E, a distance of 25.37 feet to a calculated |
|
point of curvature to the left, |
|
7.with said curve to the left having a radius of 1143.00 |
|
feet, an arc length of 152.95 feet, and whose chord bears |
|
N30°08'09"E, a distance of 152.84 feet to a calculated point, |
|
8.N40°56'29"E, a distance of 469.43 feet to a point, |
|
9.N56°53'58"E, a distance of 865.12 feet to a point, |
|
10.N80°38'54"E, a distance of 302.42 feet to a point, |
|
11.N50°01'31"E, a distance of 223.20 feet to a point, |
|
12.N14°09'53"E, a distance of 488.10 feet to a point, |
|
13.N16°31'07"E, a distance of 26.41 feet to a point, |
|
14.N08°11'43"E, a distance of 668.26 feet to a point, |
|
15.N40°50'46"W, a distance of 58.27 feet to a point, |
|
16.N22°14'54"E, a distance of 56.10 feet to a point, |
|
17.N20°32'37"E, a distance of 151.41 feet to a |
|
calculated point of curvature to the left, |
|
18.with said curve to the left having a radius of |
|
1143.00 feet, an arc length of 397.93 feet, and whose chord |
|
bears N37°24'41"E, a distance 395.93 feet to a calculated |
|
point, |
|
19.N27°26'16"E, a distance of 467.26 feet to a |
|
calculated point on the northern boundary line of said |
|
290.812 acre Qualico CR, LP tract, also being located on the |
|
southern boundary line of that certain 130.5 acre tract of |
|
land conveyed to John Richards, Jr. in Volume 2807, Page 382 |
|
of the Deed Records of Travis County, Texas for the northwest |
|
corner of the herein described tract, |
|
THENCE, with the northern boundary line of said 290.812 acre |
|
Qualico CR, LP tract and said 362.872 acre Qualico CR, LP tract, the |
|
following nine (9) courses and distances, numbered 1 through 9, |
|
1. N75°19'19"E, a distance of 33.40 feet to a point, |
|
2. N74°59'38"E, a distance of 231.78 feet to a point, |
|
3. N87°19'49"E, a distance of 97.84 feet to a point, |
|
4. N65°09'08"E, a distance of 331.76 feet to a point, |
|
5. N54°26'47"E, a distance of 893.89 feet to a point, |
|
6. N81°47'24"E, a distance of 654.16 feet to a point, |
|
7. N16°08'07"W, a distance 200.20 feet to a point, |
|
8. N71°43'37"E, a distance of 216.98 feet to a point and |
|
9. S67°15'25"E, a distance of 246.43 feet to a point at |
|
the northernmost corner of said 362.872 acre Qualico CR, LP |
|
tract, also being a point on the western boundary line of that |
|
certain 147.806 acre tract of land conveyed to Gregory C. |
|
Weiss & Virginia G. Bassett in Document Number 2006186612, |
|
for the northernmost corner of the herein described tract, |
|
THENCE, with the common boundary lines of said said 362.872 acre |
|
Qualico CR, LP tract and said Gregory C. Weiss & Virginia G. Bassett |
|
tract, the following two (2) courses and distances, numbered 1 and |
|
2, |
|
1. S29°46'38"W, a distance of 1015.44 feet to a point and |
|
2. S63°19'24"E, a distance of 1970.74 feet to a |
|
calculated point on the northern boundary line of said |
|
362.872 acre Qualico CR, LP tract, for the northeast corner |
|
of the herein described tract, |
|
THENCE, leaving the said common boundary line and crossing said |
|
362.872 acre Qualico CR, LP tract, said 161.518 acre Qualico CR, LP |
|
tract, and said 74.590 acre Qualico CR, LP tract, the following |
|
twelve (12) courses and distances, numbered 1 through 12, |
|
1. S30°19'13"W, a distance of 1597.94 feet to a |
|
calculated point, |
|
2. S31°33'30"W, a distance of 578.23 feet to a |
|
calculated point, |
|
3. S18°05'14"E, a distance of 633.66 feet to a |
|
calculated point, |
|
4. S30°27'47"W, a distance of 295.08 feet to a |
|
calculated point, |
|
5. S62°26'37"W, a distance of 544.11 feet to a |
|
calculated point, |
|
6. S16°17'52"E, a distance of 1014.45 feet to a |
|
calculated point, |
|
7. S55°53'27"E, a distance of 506.81 feet to a |
|
calculated point, |
|
8. S08°39'51"W, a distance of 919.38 feet to a |
|
calculated point, |
|
9. S45°54'29"W, a distance of 698.92 feet to a |
|
calculated point, |
|
10. N84°08'57"W, a distance of 722.01 feet to a |
|
calculated point, |
|
11. N77°46'45"W, a distance of 440.15 feet to a |
|
calculated point and |
|
12. S59°39'27"W, a distance of 145.30 feet to an iron rod |
|
found on the northern right-of-way line of said Pearce Lane |
|
and the southern boundary line of said 74.590 acre Qualico |
|
CR, LP tract, for the southeast corner of the herein |
|
described tract, |
|
THENCE, with the northern right-of-way line of said Pearce Lane and |
|
the southern boundary line of said 74.590 acre Qualico CR, LP tract |
|
and said 23.841 acre Qualico CR, LP tract, the following six (6) |
|
courses and distances, numbered 1 through 6, |
|
1. N67°38'41"W, a distance of 186.74 feet to an iron rod |
|
found at a point of curvature to the right, |
|
2. with said curve to the right having a radius of |
|
1329.27 feet, an arc length of 478.34 feet and whose chord |
|
bears N57°19'42"W, a distance of 475.76 feet to an iron rod |
|
found, |
|
3. N47°00'32"W, a distance of 562.30 feet to an iron rod |
|
found at a point of curvature to the left, |
|
4. with said curve to the left having a radius of |
|
1734.28 feet, an arc length of 501.54 feet and whose chord |
|
bears N55°27'23"W, a distance of 499.79 feet to an iron rod |
|
found, |
|
5. N63°58'45"W, a distance of 167.98 feet to an iron rod |
|
found at a point of curvature to the right, |
|
6. with said curve to the right having a radius of |
|
6994.05 feet, an arc length of 222.75 feet and whose chord |
|
bears N63°26'01"W, a distance of 222.74 feet to the POINT OF |
|
BEGINNING and containing 562.688 acres of land. |
|
SECTION 3. (a) The legal notice of the intention to |
|
introduce this Act, setting forth the general substance of this |
|
Act, has been published as provided by law, and the notice and a |
|
copy of this Act have been furnished to all persons, agencies, |
|
officials, or entities to which they are required to be furnished |
|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
Government Code. |
|
(b) The governor, one of the required recipients, has |
|
submitted the notice and Act to the Texas Commission on |
|
Environmental Quality. |
|
(c) The Texas Commission on Environmental Quality has filed |
|
its recommendations relating to this Act with the governor, the |
|
lieutenant governor, and the speaker of the house of |
|
representatives within the required time. |
|
(d) All requirements of the constitution and laws of this |
|
state and the rules and procedures of the legislature with respect |
|
to the notice, introduction, and passage of this Act are fulfilled |
|
and accomplished. |
|
SECTION 4. (a) Section 8___.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 |
|
members elected to each house, Subchapter C, Chapter 8___, Special |
|
District Local Laws Code, as added by Section 1 of this Act, is |
|
amended by adding Section 8___.106 to read as follows: |
|
Section 8___.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©, |
|
Article I, Texas Constitution. |
|
SECTION 5. Except as provided by Section 4 of this Act: |
|
(1) this Act takes effect immediately if it receives a |
|
vote of two-thirds of all members elected to each house, as provided |
|
by Section 39, Article III, Texas Constitution; and |
|
(2) if this Act does not receive the vote necessary for |
|
immediate effect, this Act takes effect September 1, 2011. |