|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the creation of the Ranger Ridge Municipal Utility |
|
District of Palo Pinto County; 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 7998A to read as follows: |
|
CHAPTER 7998A. RANGER RIDGE MUNICIPAL UTILITY DISTRICT OF PALO |
|
PINTO COUNTY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 7998A.0101. 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 Ranger Ridge Municipal |
|
Utility District of Palo Pinto County. |
|
Sec. 7998A.0102. NATURE OF DISTRICT. The district is a |
|
municipal utility district created under Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 7998A.0103. CONFIRMATION AND DIRECTOR 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. 7998A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
|
temporary directors may not hold an election under Section |
|
7998A.0103 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 as required by |
|
applicable law. |
|
Sec. 7998A.0105. 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. 7998A.0106. 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. 7998A.0201. GOVERNING BODY; TERMS. (a) The district |
|
is governed by a board of five elected directors. |
|
(b) Except as provided by Section 7998A.0202, directors |
|
serve staggered four-year terms. |
|
Sec. 7998A.0202. TEMPORARY DIRECTORS. (a) The temporary |
|
board consists of: |
|
(1) Christopher Sells; |
|
(2) Mark Gallas; |
|
(3) Corbitt Burns; |
|
(4) Daniel Pullin; and |
|
(5) John Neuman. |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 7998A.0103; or |
|
(2) the fourth anniversary of the effective date of |
|
the Act enacting this chapter. |
|
(c) If permanent directors have not been elected under |
|
Section 7998A.0103 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 7998A.0103; 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. 7998A.0301. GENERAL POWERS AND DUTIES. The district |
|
has the powers and duties necessary to accomplish the purposes for |
|
which the district is created. |
|
Sec. 7998A.0302. 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. 7998A.0303. 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. 7998A.0304. 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. 7998A.0305. 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. 7998A.0306. DIVISION OF DISTRICT. (a) The board, on |
|
its own motion or on receipt of a petition signed by the owner or |
|
owners of a majority of the assessed value of the real property in |
|
the district, may adopt an order dividing the district. |
|
(b) An order dividing a district may create one or more new |
|
districts and may provide for the continuation of the district. |
|
(c) An order dividing the district shall: |
|
(1) name any new district; |
|
(2) include the metes and bounds description of the |
|
territory of each of the districts; |
|
(3) appoint temporary directors for any new district; |
|
and |
|
(4) provide for the division of assets and liabilities |
|
between the districts. |
|
(d) The board may adopt an order dividing the district |
|
before or after the date the board holds an election to confirm the |
|
district's creation. |
|
(e) The district may be divided only if the district: |
|
(1) has never issued any bonds; and |
|
(2) is not imposing ad valorem taxes. |
|
(f) A new district created by the division of the district |
|
may not, at the time the new district is created, contain any land |
|
outside the area described by Section 2 of the Act enacting this |
|
chapter. |
|
(g) On or before the 30th day after the date of adoption of |
|
an order dividing the district, the district shall file the order |
|
with the commission and record the order in the real property |
|
records of each county in which the district is located. |
|
(h) This chapter applies to any new district created by the |
|
division of the district, and a new district has all the powers and |
|
duties of the district. |
|
(i) A new district created by the division of the district |
|
shall hold a confirmation and directors' election. |
|
(j) If the creation of the new district is confirmed, the |
|
new district shall provide the election date and results to the |
|
commission. |
|
(k) A new district created by the division of the district |
|
must hold an election as required by this chapter to obtain voter |
|
approval before the district may impose a maintenance tax or issue |
|
bonds payable wholly or partly from ad valorem taxes. |
|
(l) The district may continue to rely on confirmation, |
|
directors', bond, or tax elections held prior to the division. |
|
(m) Municipal consent to the creation of the district and to |
|
the inclusion of land in the district acts as municipal consent to |
|
the creation of any new district created by the division of the |
|
district and to the inclusion of land in the new district. |
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
Sec. 7998A.0401. 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 |
|
7998A.0403. |
|
(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. 7998A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
|
authorized at an election held under Section 7998A.0401, 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. 7998A.0403. 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. 7998A.0501. 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. 7998A.0502. 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. 7998A.0503. 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 Ranger Ridge Municipal Utility District of |
|
Palo Pinto County initially includes all the territory contained in |
|
the following area: |
|
WHEREAS Ranger Ridge, Ltd./Estates at Ranger Ridge, LLC is the |
|
owner of a tract of land situated in the W. Cochran Survey, Abstract |
|
No. 129, M. Baker Survey, Abstract No. 51, C. Massie Survey, |
|
Abstract No. 1499, T. & P. RR Co. Survey, Abstract No. 803, T. & P. |
|
RR Co. Survey, Abstract No. 825, T. & P. RR Co. Survey, Abstract |
|
No. 832, T. & P. RR Co. Survey, Abstract No. 835, M. Hutchins |
|
Survey, Abstract No. 1430, M. Hutchins Survey, Abstract No. 1431, |
|
J. Hutchins Survey, Abstract No. 1109, J. Hutchins Survey, Abstract |
|
No. 1110, T. Dickson Survey, Abstract No. 1576, B. Harris Survey, |
|
Abstract No. 1638, and the G. Cowden Survey, Abstract No. 1463 |
|
according to the deed recorded in Volume 2353, Page 508 of the Deed |
|
Records, Palo Pinto County, Texas (DRPPCT) with the subject tract |
|
being more particularly described as follows: |
|
BEGINNING at a 1/2" iron rod found with plastic cap stamped "Price |
|
Surveying" in the northeast corner of said Ranger Ridge tract; |
|
THENCE North 83°16'58" East, 2,287.30 feet to a 3" steel post; |
|
THENCE North 89°11'08" East, 506.18 feet to a 1/2" iron rod found |
|
with plastic cap stamped "Price Surveying", being in the west line |
|
of State Highway 16, a variable width right-of-way; |
|
THENCE South 22°11'43" West, 1,858.07 feet to a 1/2" iron rod found |
|
with plastic cap stamped "RPLS 6224"; |
|
THENCE South 23°16'30" West, 1,148.61 feet to a 1/2" iron rod found |
|
with plastic cap stamped "RPLS 6224"; |
|
THENCE South 21°10'47" West, 2,340.55 feet to a 1/2" iron rod found |
|
with plastic cap stamped "RPLS 6224"; |
|
Around a non-tangent curve concave easterly, said curve has a |
|
radius of 5,455.19 feet, a central angle of 14°48'48", an arc length |
|
of 1,410.39, a chord length of 1,406.47, to which a radial line |
|
bears North 66°49'57" West to a 1/2" iron rod found with plastic cap |
|
stamped "RPLS 6224"; |
|
THENCE North 81°05'44" West, 498.57 feet to a 3" steel post; |
|
THENCE South 86°33'16" West, 638.72 feet to a 3" steel post; |
|
THENCE North 85°51'29" West, 1,497.49 feet to a 3" steel post; |
|
THENCE South 84°57'06" West, 2,296.91 feet to a 6" steel post; |
|
THENCE South 83°56'05" West, 2,681.93 feet to a 3" iron pipe post w/ |
|
brass cap stamped "Texas-Pacific Coal & Oil Co."; |
|
THENCE North 5°42'14" West, 2,684.13 feet to a 1/2" iron rod found |
|
with plastic cap stamped "RPLS 6224"; |
|
THENCE South 83°37'28" West, 5,279.76 feet to a 3" iron pipe post w/ |
|
brass cap stamped "Texas-Pacific Coal & Oil Co."; |
|
THENCE South 5°47'22" East, 455.22 feet to a 3" iron pipe post w/ |
|
brass cap stamped "Texas-Pacific Coal & Oil Co."; |
|
THENCE South 84°17'07" West, 2,873.41 feet to a 1/2" iron rod found |
|
with plastic cap stamped "RPLS 6224"; |
|
THENCE North 5°30'31" West, 2,647.31 feet to a 1" iron pipe; |
|
THENCE North 5°20'11" West, 2,644.23 feet to a 5/8" iron rod with |
|
broken cap; |
|
THENCE North 84°27'03" East, 2,868.63 feet to a 5/8" iron rod with |
|
broken cap; |
|
THENCE (19) North 5°27'38" West, 480.33 feet to a 3/8" iron rod with |
|
plastic cap stamped "Carter 5691"; |
|
THENCE North 84°34'58" East, 5,255.53 feet to a 3/8" iron rod with |
|
plastic cap stamped "Carter 5691"; |
|
THENCE North 84°37'28" East, 2,316.54 feet to a 1/2" iron rod with |
|
plastic cap stamped "RPLS 6224"; |
|
THENCE North 84°37'28" East, 3,068.08 feet to a 1/2" iron rod with |
|
plastic cap stamped "RPLS 6224"; |
|
THENCE North 84°37'28" East, 2,453.80 feet to a 1/2" iron rod with |
|
plastic cap stamped "Price Surveying"; |
|
THENCE South 9°22'42" East, 623.06 feet to a 3" steel post; |
|
THENCE South 46°49'15" East, 30.40 feet to a 3" steel post; |
|
THENCE South 32°19'51" East, 39.42 feet to a 3" steel post; |
|
THENCE South 25°25'41" East, 131.97 feet to a 3" steel post; |
|
THENCE South 0°01'38" East, 650.88 feet to a 1/2" iron rod with |
|
plastic cap stamped "RPLS 6224"; |
|
THENCE South 2°36'29" West, 777.23 feet to 3" steel post; |
|
THENCE South 2°47'04" West, 8.71 feet to the POINT OF BEGINNING, |
|
being a 1/2" iron rod found with plastic cap stamped "Price |
|
Surveying" with the subject tract containing 112,422,793.59 square |
|
feet or 2,580.87 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) If this Act does not receive a two-thirds |
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
7998A, Special District Local Laws Code, as added by Section 1 of |
|
this Act, is amended by adding Section 7998A.0307 to read as |
|
follows: |
|
Sec. 7998A.0307. 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 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, 2023. |