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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Guadalupe County Municipal Utility |
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District No. 8; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7976A to read as follows: |
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CHAPTER 7976A. GUADALUPE COUNTY MUNICIPAL UTILITY DISTRICT NO. 8 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7976A.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Guadalupe County Municipal |
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Utility District No. 8. |
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Sec. 7976A.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 7976A.0103. CONFIRMATION AND DIRECTOR ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 7976A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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7976A.0103 until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district, as required |
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by applicable law. |
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Sec. 7976A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7976A.0106. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7976A.0201. GOVERNING BODY; TERMS. (a) The district |
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is governed by a board of five elected directors. |
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(b) Except as provided by Section 7976A.0202, directors |
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serve staggered four-year terms. |
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Sec. 7976A.0202. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7976A.0103; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 7976A.0103 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7976A.0103; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7976A.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7976A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7976A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, in aid |
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of those roads. |
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Sec. 7976A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 7976A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 7976A.0306. DIVISION OF DISTRICT. (a) The board, on |
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its own motion or on receipt of a petition signed by the owner or |
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owners of a majority of the assessed value of the real property in |
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the district, may adopt an order dividing the district. |
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(b) An order dividing a district may create one or more new |
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districts and may provide for the continuation of the district. |
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(c) An order dividing the district shall: |
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(1) name any new district; |
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(2) include the metes and bounds description of the |
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territory of each of the districts; |
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(3) appoint temporary directors for any new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between the districts. |
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(d) The board may adopt an order dividing the district |
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before or after the date the board holds an election to confirm the |
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district's creation. |
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(e) The district may be divided only if the district: |
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(1) has never issued any bonds; and |
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(2) is not imposing ad valorem taxes. |
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(f) A new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(i) A new district created by the division of the district |
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shall hold a confirmation and directors' election. |
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(j) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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(k) A new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(l) The district may continue to rely on confirmation, |
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directors', bond, or tax elections held prior to the division. |
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(m) Municipal consent to the creation of the district and to |
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the inclusion of land in the district acts as municipal consent to |
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the creation of any new district created by the division of the |
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district and to the inclusion of land in the new district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7976A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section |
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7976A.0403. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7976A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7976A.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 7976A.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7976A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7976A.0502. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7976A.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Guadalupe County Municipal Utility District |
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No. 8 initially includes all the territory contained in the |
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following area: |
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Being 248.5 acres of land situated in the Josias Randolph |
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Survey, Abstract No. 276 and the James Hodges Survey, Abstract |
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No. 148, Guadalupe County, Texas; said 248.5 acres being comprised |
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of a portion of a called 159.45 acre tract of land in the name of |
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NESH 7 Hills, LP as recorded in a General Warranty Deed in Document |
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Number 202299019360, Official Public Records of Guadalupe County |
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(O.P.R.G.C.) as Exhibit "A", and all of a called 91.04 acre tract of |
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land in the name of NESH 7 Hills, LP as recorded in said General |
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Warranty Deed as Exhibit "B"; said 248.5 acre tract being more |
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particularly described by metes and bounds as follows (all bearings |
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are referenced to the Texas Coordinate System, North American Datum |
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of 1983 (NAD83), South Central Zone); |
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Beginning at the most northerly corner of said 159.45 acre |
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tract, being the northwesterly corner of a called 39.86 acre tract |
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of land recorded in the name of Robert Kidnew (no deed information |
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found), also being on the southerly Right-of-Way (R.O.W.) line of |
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Interstate Highway 10 (IH 10); |
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Thence, with the common line between said 159.45 acre tract |
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and said 39.86 acre tract, South 41 degrees 33 minutes 50 seconds |
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East, a distance of 2,224.03 feet to the most easterly corner of |
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said 159.45 acre tract, being the most northerly corner of |
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aforesaid 91.04 acre tract, the southerly corner of said 39.86 acre |
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tract and the most westerly corner of a called 51.89 acre tract |
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recorded in the names of Juan and Jose Castillo in Volume 4185, Page |
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934, O.P.R.G.C.; |
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Thence, with the common line between said 91.04 acre tract |
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and said 51.89 acre tract, the following four (4) courses and |
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distances: |
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1. South 40 degrees 49 minutes 54 seconds East, a distance |
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of 716.44 feet; |
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2. South 46 degrees 49 minutes 19 seconds West, a distance |
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of 22.34 feet; |
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3. South 40 degrees 51 minutes 37 seconds East, a distance |
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of 869.00 feet; |
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4. North 48 degrees 34 minutes 46 seconds East, a distance |
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of 246.36 feet to the northeasterly corner of said 91.04 acre tract, |
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being on the westerly R.O.W. line of Dart Field Road; |
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Thence, with the easterly line of said 91.04 acre tract and |
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the westerly R.O.W. line of said Dart Field Road, South 03 degrees |
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26 minutes 57 seconds West, a distance of 1,141.98 feet to the |
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southeasterly corner of said 91.04 acre tract, being the most |
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easterly corner of a called 62.46 acre tract of land recorded in the |
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name of Mary Mergele (no deed information found); |
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Thence, with the common line between said 91.04 acre tract |
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and said 62.46 acre tract, the following three (3) courses and |
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distances; |
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1. South 60 degrees 28 minutes 33 seconds West, a distance |
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of 1,052.86 feet; |
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2. North 23 degrees 36 minutes 29 seconds West, a distance |
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of 640.11 feet; |
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3. South 48 degrees 26 minutes 08 seconds West, a distance |
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of 487.65 feet to an interior corner of said 91.04 acre tract, being |
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the southeasterly corner of a called 60.00 acre tract of land |
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recorded in the name of Richard Mergele in Document Number |
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202199016163, O.P.R.G.C.; |
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Thence, with the common line between said 91.04 acre tract |
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and said 60.00 acre tract, North 40 degrees 54 minutes 12 seconds |
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West, a distance of 1,549.99 feet the northwesterly corner of said |
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91.04 acre tract, being the most northerly corner of said 60.00 acre |
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tract, also being on the southerly line of aforesaid 159.45 acre |
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tract; |
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Thence, with the common line between said 159.45 acre tract |
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and said 60.00 acre tract, South 47 degrees 58 minutes 18 seconds |
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West, a distance of 1,692.34 feet to the most southerly corner of |
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said 159.45 acre tract, being the westerly corner of said 60.00 acre |
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tract, also being on the easterly line of a called 141.59 acre tract |
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of land recorded in the name of Abner Ussery in Volume 133, Page |
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381, O.P.R.G.C.; |
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Thence, with the common line between said 159.45 acre tract |
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and said 141.59 acre tract, North 39 degrees 48 minutes 06 seconds |
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West, a distance of 1,303.20 feet to the most westerly corner of |
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said 159.45 acre tract, being the southwesterly corner of a called |
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67.01 acre tract of land recorded in the name of Abner Ussery (no |
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deed information found); |
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Thence, with the common line between said 159.45 acre tract |
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and said 67.01 acre tract, the following two (2) courses and |
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distances; |
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North 48 degrees 35 minutes 44 seconds East, a distance of |
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1,783.49 feet; |
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North 40 degrees 37 minutes 01 second West, 1,244.08 feet to |
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the southerly line of a called 2.13 acre tract conveyed to Catrina |
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Lewis in Warranty Deed recorded in Document Number 201899027872, |
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O.P.R.G.C. |
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Thence, with the southeasterly line of said 2.13 acre tract |
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the following four (4) courses; |
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1. North 38 degrees 19 minutes 00 seconds East, a distance |
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of 136.58 feet; |
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2. North 04 degrees 38 minutes 55 seconds East, a distance |
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of 150.74 feet; |
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3. North 29 degrees 03 minutes 42 seconds West, a distance |
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of 137.41 feet; |
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4. North 00 degrees 08 minutes 43 seconds West, a distance |
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of 96.17 feet to the northerly line of said 159.45 acre tract and |
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the northeasterly corner of said 2.13 acre tract, also being on the |
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southerly line of aforesaid IH 10; |
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Thence, with the northerly line of said 159.45 acre tract and |
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the southerly R.O.W. line of said IH 10, North 72 degrees 09 minutes |
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51 seconds East, a distance of 1,548.01 feet to the Point of |
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Beginning and containing 248.5 acres of land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
|
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
|
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state and the rules and procedures of the legislature with respect |
|
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
|
|
7976A, Special District Local Laws Code, as added by Section 1 of |
|
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this Act, is amended by adding Section 7976A.0307 to read as |
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follows: |
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Sec. 7976A.0307. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
|
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legislative interpretation of the requirements of Section 17(c), |
|
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
|
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Act does not receive the vote necessary for immediate effect, this |
|
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Act takes effect September 1, 2023. |
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* * * * * |