|
|
|
A BILL TO BE ENTITLED
|
|
|
|
relating to the creation of the Kaufman County Municipal Utility |
|
District No. 15; granting a limited power of eminent domain; |
|
providing authority to issue bonds; providing authority to impose |
|
assessments, fees, and taxes. |
|
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 7923 to read as follows: |
|
CHAPTER 7923. KAUFMAN COUNTY MUNICIPAL UTILITY DISTRICT NO. 15 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7923.001. 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 Kaufman County Municipal |
|
Utility District No. 15. |
|
Sec. 7923.002. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 7923.003. 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. 7923.004. CONSENT OF MUNICIPALITY AND SCHOOL DISTRICT |
|
REQUIRED. (a) The temporary directors may not hold an election |
|
under Section 7923.003 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. |
|
(b) A municipality described by Subsection (a) may give its |
|
consent only after each affected school district passes a |
|
resolution consenting to the creation of the district. |
|
Sec. 7923.005. 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. 7923.006. 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. |
|
SUBCHAPTER B. BOARD OF DIRECTORS |
|
Sec. 7923.051. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a board of five elected directors. |
|
(b) Except as provided by Section 7923.052, directors serve |
|
staggered four-year terms. |
|
Sec. 7923.052. TEMPORARY DIRECTORS. (a) On or after |
|
September 1, 2015, 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 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 7923.003; or |
|
(2) September 1, 2019. |
|
(c) If permanent directors have not been elected under |
|
Section 7923.003 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 7923.003; 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. |
|
SUBCHAPTER C. POWERS AND DUTIES |
|
Sec. 7923.101. GENERAL POWERS AND DUTIES. The district has |
|
the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 7923.102. 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. 7923.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
|
52, Article III, Texas Constitution, 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. 7923.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
|
project must meet all applicable construction standards, zoning and |
|
subdivision requirements, and regulations of each municipality in |
|
whose corporate limits or extraterritorial jurisdiction the road |
|
project is located. |
|
(b) If a road project is not located in the corporate limits |
|
or extraterritorial jurisdiction of a municipality, the road |
|
project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each county in which |
|
the road project is located. |
|
(c) If the state will maintain and operate the road, the |
|
Texas Transportation Commission must approve the plans and |
|
specifications of the road project. |
|
Sec. 7923.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
|
OR RESOLUTION. (a) 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. |
|
(b) Section 54.016(f), Water Code, does not apply to the |
|
district. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7923.151. 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 7923.153. |
|
(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. 7923.152. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 7923.151, 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. 7923.153. 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. |
|
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
|
Sec. 7923.201. 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. 7923.202. 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. 7923.203. 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 Kaufman County Municipal Utility District |
|
No. 15 initially includes all the territory contained in the |
|
following area: |
|
BEING a tract of land situated in the J.S. Ramsey Survey, Abstract |
|
No. 414, Kaufman County, Texas and being a part of a called 352.487 |
|
acre tract of land as partitioned and set apart unto Gordon T. West |
|
and unto Ellen Brodes West as described in Section II, Item 1 in a |
|
Partition Deed, dated June 6, 1961 and recorded in Volume 441, Page |
|
305 of the Deed Records of Kaufman County, Texas Deed Records, |
|
Kaufman County, Texas and being more particularly described by |
|
metes and bounds as follows: |
|
BEGINNING at a 60-D Nail set in the intersection of the East line of |
|
F.M. 740 (Forney-Seagoville Highway) with the projected centerline |
|
of a County Road 205, also known as Pecan Drive and being the |
|
Southwest corner of Colonial Acres, an addition to Kaufman County, |
|
Texas, according to the plat thereof recorded in Volume 5, Page 1 of |
|
the Plat Records of Kaufman County, Texas, and being on the |
|
Northeast line of the before mentioned 352.487 acre tract; |
|
THENCE along said centerline of Pecan Drive and along the common |
|
line of the 352.487 acre tract and Colonial Acres Addition, South 44 |
|
degrees 28 minutes 48 seconds East, a distance of 4,416.90 feet to a |
|
60-D Nail set on the Northwest line of the 5.7838 acre tract of land |
|
described in deed to the State of Texas for F.M. Highway 548, |
|
recorded in Volume 1698, Page 0170 of the Deed Records of Kaufman |
|
County, Texas: |
|
THENCE with the Northwest line of the said 5.7838 acre tract as |
|
follows: |
|
South 45 degrees 59 minutes 59 seconds West, a distance of 262.20 |
|
feet to a 1/2" iron rod set for corner; |
|
North 44 degrees 00 minutes 01 seconds West, a distance of 10.00 |
|
feet to a 5/8" aluminum cap iron rod found for corner; |
|
South 45 degrees 59 minutes 59 seconds West, a distance of 1,115.79 |
|
feet to a 1/2" yellow capped iron rod found marked #5439 for corner; |
|
South 44 degrees 00 minutes 01 seconds East, a distance of 10.00 |
|
feet to a 1/2" iron rod set for corner; |
|
South 46 degrees 05 minutes 00 seconds West, a distance of 459.27 |
|
feet to a 5/8" iron rod found for corner; |
|
North 44 degrees 11 minutes 55 seconds West, a distance of 10.1 feet |
|
to a 5/8" iron rod found for corner; |
|
South 46 degrees 04 minutes 27 seconds West, a distance of 1,279.66 |
|
feet to a 5/8" yellow capped iron rod found marked #5647 for corner; |
|
South 44 degrees 07 minutes 50 seconds East, a distance of 10.04 |
|
feet to a 5/8" yellow capped iron rod found for corner; |
|
South 46 degrees 05 minutes 43 seconds West, a distance of 846.89 |
|
feet to a Tx Dot Aluminum Monument Found for corner; |
|
THENCE along the Southwest line of said 352.487 acre tract and |
|
generally along the Northeast line of Bederkesa Addition, an |
|
addition to Kaufman County, Texas, according to the plat thereof |
|
recorded in Cabinet 1, Page 399 (Volume 9, Page 11) of the Plat |
|
Records of Kaufman County, Texas and Bederkesa Addition. Section |
|
No. 2, an addition to Kaufman County, Texas, according to the plat |
|
thereof recorded in Cabinet 1, Page 561 of the Plat Records of |
|
Kaufman County, Texas, North 44 degrees 30 minutes 13 seconds West |
|
(Directional Control), a distance 3,509.65 feet to a 1/2" yellow |
|
capped iron rod found on the Southeast line of F. M. Highway 740; |
|
THENCE Northeasterly, along the Southeasterly line of said F.M. |
|
Highway 740, as follows: |
|
North 39 degrees 32 minutes 10 seconds East, a distance of 438.24 |
|
feet to a 1/2" iron rod set for corner; |
|
North 39 degrees 50 minutes 10 seconds East, a distance of 600.07 |
|
feet to a 1/2" iron rod set for corner; |
|
North 39 degrees 42 minutes 08 seconds East, a distance of 538.10 |
|
feet to the beginning of a curve to the right, a 1/2" yellow capped |
|
iron rod found; |
|
Northeasterly, along said curve to the right, through a central |
|
angle of 39 degrees 44 minutes 59 seconds, having a radius of 333.93 |
|
feet and a chord bearing and distance of North 59 degrees 36 minutes |
|
58 seconds East, 227.05 feet, an arc length of 231.67 feet to the |
|
end of said curve, a 1/2" yellow capped iron rod found; |
|
North 79 degrees 29 minutes 27 seconds East, a distance of 369.21 |
|
feet to the beginning of a curve to the left, a 1/2" yellow capped |
|
iron rod found; |
|
Northeasterly, along said curve to the left, through a central |
|
angle of 67 degrees 30 minutes 03 seconds, having a radius of 320.10 |
|
feet and a chord bearing and distance of North 45 degrees 44 minutes |
|
26 seconds East, 355.68 feet, an arc length of 377.11 feet to the |
|
end of said curve, a 1/2" yellow capped iron rod found; |
|
North 11 degrees 58 minutes 48 seconds East, a distance of 598.31 |
|
feet to a 1/2" iron rod set for corner; |
|
North 12 degrees 18 minutes 48 seconds East, a distance of 800.13 |
|
feet to a 1/2" iron rod set for corner; |
|
North 11 degrees 39 minutes 48 seconds East, a distance of 120.19 |
|
feet to the beginning of a curve to the right, a 1/2" iron rod set; |
|
Northeasterly, along said curve to the right, through a central |
|
angle of 03 degrees 09 minutes 50 seconds, having a radius of |
|
4,382.85 and a chord bearing and distance of North 12 degrees 06 |
|
minutes 03 seconds East, 241.98 feet, an arc length of 242.01 feet |
|
to the POINT OF BEGINNING and CONTAINING 336.4 acres of land of |
|
which approximately 2.5 acres lies within Pecan Drive. |
|
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) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
7923, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 7923.106 to read as follows: |
|
Sec. 7923.106. NO EMINENT DOMAIN POWER. The district may |
|
not exercise the power of eminent domain. |
|
(b) 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. This Act takes effect September 1, 2015. |