By: Eltife S.B. No. 2066

A BILL TO BE ENTITLED

relating to the creation of the Rose City Municipal Utility District; providing authority to issue bonds; providing authority to impose assessments and fees.

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 7958 to read as follows:

CHAPTER 7958. ROSE CITY MUNICIPAL UTILITY DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 7958.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "City" means the City of Tyler.

(3) "Commission" means the Texas Commission on Environmental Quality.

(4) "Director" means a board member.

(5) "District" means the Rose City Municipal Utility District.

Sec. 7958.002. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 7958.003. 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. 7958.004. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 7958.003 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. 7958.005. 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 a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution.

Sec. 7958.006. 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; or

(3) legality or operation.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 7958.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 7958.052, directors serve staggered four-year terms.

Sec. 7958.052. TEMPORARY DIRECTORS. (a) The temporary board consists of:

(1) Martin Heines;

(2) John Nix;

(3) Sam Mezayek;

(4) Darryl Bowdre; and

(5) Edward Broussard.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section 7958.003; or

(2) September 1, 2019.

(c) If permanent directors have not been elected under Section 7958.003 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 7958.003; 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.

Sec. 7958.053. QUALIFICATIONS OF DIRECTORS. (a) Notwithstanding any other law:

(1) an officer or employee of the city may serve as a director of the district; and

(2) a member of the governing body of the city may serve as a director of the district.

(b) A person who qualifies to serve as a director is qualified to participate in all votes pertaining to the business of the district, subject to Section 49.058, Water Code.

(c) Section 49.052, Water Code, does not apply to the district.

Sec. 7958.054. COMPENSATION; REIMBURSEMENT. A director serves without compensation but may receive reimbursement for actual expenses reasonably and necessarily incurred while engaging in activities on behalf of the district.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 7958.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 7958.102. 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. 7958.103. 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. 7958.104. NO EMINENT DOMAIN POWER. The district may not exercise the power of eminent domain.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 7958.151. ELECTIONS REGARDING BONDS. The district may issue, without an election, bonds and other obligations secured by revenue other than ad valorem taxes.

Sec. 7958.152. PROHIBITION ON IMPOSITION OF TAXES. (a) The district may not impose an ad valorem tax for any purpose.

(b) Section 49.107, Water Code, does not apply to the district.

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 7958.201. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. The district may issue bonds or other obligations payable wholly or partly from impact fees, revenue, contract payments, grants, or other district money, or any combination of those sources, to pay for any authorized district purpose.

SECTION 2. The Rose City Municipal Utility District initially includes all the territory contained in the following area: BEGINNING at a point at the southwest corner of the intersection of Grande Blvd and S Broadway Ave also the northeast corner of lot 12F N.C.B. 1434. THENCE travel Southerly along the west ROW of S Broadway Ave approximately 18,456 ft to the southeast corner of lot 1 N.C.B. 1700 fronting S Broadway Ave. THENCE Westerly approximately 354 ft along the south edge of lot 1 N.C.B. 1700. THENCE Southwesterly direction 221 ft along the east edge of lot 1 N.C.B. 1700. THENCE Westerly approximately 1,255 ft along the southern line of lot 1 N.C.B. 1700 to lot 12. THENCE Westerly approximately 75 ft along the southern line of lot 12. THENCE Northerly approximately 1,100 ft along the west line of lot 12 to lot 1 N.C.B. 1700. THENCE Northerly approximately 1,985 ft along the west line of lot 1 N.C.B. 1700 to the south ROW line of FM 2813. THENCE Northerly approximately 60 ft across the ROW of FM 2813 to the southeast lot of 23A N.C.B. 1539M. THENCE Travel Westerly along the north ROW of FM 2813 approximately 4,110 ft to the southwest corner of lot 1A N.C.B. 1539M of the north ROW of FM 2813 and east ROW of Neighbors Rd. THENCE Travel Northerly along the east ROW of Neighbors Rd approximately 3,670 ft (Crossing Loop 49 at approx. 1,900') to the southwest corner of lot 2A N.C.B. 1138G. THENCE Northwesterly across the ROW of Cherryhill Dr approximately 135 ft to southeast corner of lot 1A N.C.B. 1138H of the west ROW of Cherryhill Dr and north ROW of Neighbors Rd. THENCE Travel Westerly along the north ROW of Neighbors Rd approximately 2,770 ft to the intersection of Neighbors Rd and Stonebridge Way of the southwest corner of lot 9 N.C.B. 1137B. THENCE Travel Northerly along the east ROW of Stonebridge Way approximately 1,420 ft to the southwest corner of greenway N.C.B. 1137A. THENCE Northwesterly Cross the ROW of Stonebridge Way 117 ft to the southeast corner of lot 10 N.C.B. 1137 the north ROW of Balsam Gap and west ROW of Stonebridge Way. THENCE Westerly along the north ROW of Balsam Way approximately 685' and continue Northwesterly along Balsam Way ROW approximately 520 feet and continue along Balsam Way ROW approximately 420 feet to the east ROW of FM 2493 of the corner of lot 24 along the east ROW of FM 2493. THENCE Travel North Northeasterly along the east ROW of FM 2493 (Old Jacksonville Hwy) Approximately 3,380 ft. THENCE Northwesterly Cross the ROW of Old Jacksonville Hwy approximately 76 ft to the southeast corner of lot 10. THENCE Northwesterly Along the south line of lot 10 approximately 460 ft to the southeast corner of lot 6 block 1 of Knollwood Subdivision Unit 3. THENCE Northerly Along the east line of lot 6 block 1 of Knollwood Subdivision Unit 3 approximately 90 ft to the southeast corner of lot 7 block 1 of Knollwood Subdivision Unit 3. THENCE Northerly Along the east line of lot 7 block 1 of Knollwood Subdivision Unit 3 to the northeast corner at the south ROW of Willowood Dr. THENCE Northerly Cross the ROW of Willowood Dr 60 ft to the southeast corner of lot 25 block 2 of Knollwood Subdivision. THENCE Northerly Along the east line of lot 25 block 2 of Knollwood Subdivision approximately 166 ft to the northeast corner. THENCE Westerly Along the north line of lot 25 block 2 of Knollwood Subdivision approximately 102 ft to northeast corner of lot 24 block 2 of Knollwood Subdivision. THENCE Westerly Along the north line of lot 24 block 2 of Knollwood Subdivision approximately 96 ft to the northeast corner of lot 23 block 2 of Knollwood Subdivision. THENCE Westerly Along the north line of lot 23 block 2 of Knollwood Subdivision approximately 138 ft to the northeast corner of lot 22 block 2 of Knollwood Subdivision. THENCE Westerly Along the north line of 22 block 2 of Knollwood Subdivision approximately 19 ft to northwest corner. THENCE Northwesterly From the northwest corner of 22 block 2 of Knollwood Subdivision travel across approximately the east ROW of Mahar Rd (C R 164). THENCE Northwesterly Cross the ROW of Mahor Rd (C R 164) approximately 133 ft. to the northeast corner of lot 6 N.C.B. 1660B of the west ROW of Mahor Rd (C R 164). THENCE Southwesterly Travel along the west ROW of Mahor Rd (C R 164) approximately 550 ft to the southeast corner of lot 2A N.C.B. 1660E. THENCE West Northwesterly Along the south line of lot 2A N.C.B. 1660E approximately 80 ft to the southeast corner of lot 4A N.C.B. 1660E. THENCE West Northwesterly Along the south line of lot 4A N.C.B. 1660E approximately 73 ft to the southeast corner of lot 10 N.C.B. 1660E. THENCE West Northwesterly Along the south line of lot 10 N.C.B. 1660E approximately 133 ft to the southwest corner. THENCE North Northeasterly From the southwest corner of lot 10 N.C.B. 1660E travel the west line approximately 69 ft to southwest corner of lot 9 N.C.B. 1660E. THENCE North Northeasterly Along the west line of lot 9 N.C.B. 1660E approximately 50 ft to the southwest corner of lot 8 N.C.B. 1660E. THENCE North Northeasterly Along the west line of lot 8 N.C.B. 1660E approximately 50 ft to the southwest corner of lot 7 N.C.B. 1660E. THENCE North Northeasterly Along the west line of lot 7 N.C.B. 1660E approximately 51 ft to the southwest corner of lot 6 N.C.B. 1660E. THENCE North Northeasterly Along the west line of lot 6 N.C.B. 1660E approximately 51 ft to the northwest corner and the southwest corner of lot 7C. THENCE Westerly From the northwest corner of lot 6 N.C.B. 1660E travel along the south line of lot 7C approximately 275 ft to the southeast corner of lot 7 N.C.B. 1660J. THENCE Westerly Along the south line of lot 7 N.C.B. 1660J approximately 206 ft to the southeast corner of lot 7A. THENCE Westerly Along the south line of lot 7A approximately 643 ft to the southwest corner. THENCE Northerly From the southwest corner of lot 7A, travel the west line 1,242 ft to the northwest corner of the side line of lot 5. THENCE Westerly Along the south line of lot 5 approximately 796 ft to the southwest corner and southwest corner of lot 5B. THENCE North Northeasterly From the southwest corner of lot 5 and southwest corner of lot 5B, approximately 426 ft along the west line of lot 5 and south line of lot 5B to the southwest corner of lot 5C. THENCE North Northeasterly Along the south line of lot 5C approximately 406 ft to the southeast corner. THENCE North Northwesterly From the southeast corner of lot 5C along the east line of lot 5C to the northeast corner and south ROW of C R 192 approximately 232 ft. THENCE Northeasterly Travel the south ROW of C R 192 approximately 311 ft on west line of lot 5. THENCE Easterly In an east direction approximately 763 ft within lot 5 along Tyler city limits. THENCE Southerly along the city limits line within lot 5 approximately 300 ft. THENCE In a southeasterly direction along the city limits line within lot 5 approximately 70 ft. THENCE Northerly along the city limits line within lot 5 approximately 317 ft. THENCE Easterly along the city limits line within lot 5 approximately 654 ft. THENCE Southerly along the city limits line within lot 5 approximately 300 ft. THENCE Easterly along the city limits line within lot 5 approximately 110 ft to the east line of lot 5. THENCE Northerly along the east line of lot 5 approximately 380 ft to the north line and south line of lot 16. THENCE Easterly Along the north line of lot 7A approximately 1,022 ft the northeast corner and southwest corner of the ROW of Three Lakes Pkwy. THENCE Cross the ROW of Three Lakes Pkwy approximately 40 ft to the southwest corner of lot 36 N.C.B. 1660A. THENCE Northerly Along the west line of lot 36 N.C.B. 1660A approximately 2,467 ft to the northwest corner and south ROW of Old Noonday Rd. THENCE Northerly Travel approximately 290 ft on the east ROW of Old Noonday Rd and to the southwest corner of lot 1 N.C.B. 1660G. THENCE Northwesterly From the southwest corner of lot 1 N.C.B. 1660G, cross Old Noonday Rd ROW 56 ft to the southeast corner lot of 24 N.C.B. 1539M. THENCE Westerly Along the south line of lot 24 N.C.B. 1539M approximately 1,000. ft to the southeast corner of lot 19 N.C.B. 1539M. THENCE Westerly Along the south line of lot 19 N.C.B. 1539M approximately 2,555 ft to the southwest corner. THENCE Northerly From the southwest corner of lot 19 N.C.B. 1539M approximately 1,090 ft along the west line to the southwest corner of lot 2A N.C.B. 1539M. THENCE Northerly Along the west line of lot 2A N.C.B. 1539M approximately 266 ft to the southeast corner of lot 1U N.C.B. 1539M. THENCE Northwesterly Along the south line of lot 1U N.C.B. 1539M approximately 293 ft. THENCE In a southwesterly direction approximately 92 ft to the east ROW of State Hwy 155 S and northwest corner of lot 1E. THENCE Northeasterly Travel along the east ROW of State Hwy 155 S and lot 1U N.C.B. 1539M approximately 333 to the northwest corner and south ROW of W Grande Blvd. THENCE Westerly Travel along the south ROW of W Grande Blvd approximately 16,104 ft to S Broadway Ave and the Point of Beginning.

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 September 1, 2015.