Bill Text: TX HB1354 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the creation of the Leander Hills Municipal Utility District of Williamson County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-06-14 - Effective immediately [HB1354 Detail]

Download: Texas-2013-HB1354-Enrolled.html

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H.B. No. 1354

relating to the creation of the Leander Hills Municipal Utility
District of Williamson 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 8417 to read as follows:
CHAPTER 8417. LEANDER HILLS MUNICIPAL UTILITY DISTRICT OF
WILLIAMSON COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8417.001. 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 Leander Hills Municipal
Utility District of Williamson County.
Sec. 8417.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8417.003. 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. 8417.004. CONSENT OF MUNICIPALITY AND DEVELOPMENT
AGREEMENT REQUIRED. The temporary directors may not hold an
election under Section 8417.003 until each municipality in whose
corporate limits or extraterritorial jurisdiction the district is
located has:
(1) consented by ordinance or resolution to the
creation of the district and to the inclusion of land in the
district; and
(2) entered into a development agreement under Section
212.172, Local Government Code, with the owners of the land
described by Section 2 of the Act enacting this chapter.
Sec. 8417.005. 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. 8417.006. 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. 8417.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8417.052, directors serve
staggered four-year terms.
Sec. 8417.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting 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 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 8417.003; 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 8417.003 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 8417.003; 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. 8417.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8417.102. 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. 8417.103. 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. 8417.104. 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. 8417.105. 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) In addition to all the rights and remedies provided by
other law, if the district violates the terms of an ordinance or
resolution described by Subsection (a), a municipality is entitled
to injunctive relief or a writ of mandamus issued by a court
requiring the district and the district's officials to observe and
comply with the terms of the ordinance or resolution.
Sec. 8417.106. EFFECT OF ANNEXATION BY OR INCLUSION WITHIN
THE CORPORATE BOUNDARIES OF THE CITY OF LEANDER. (a) The City of
Leander may annex all of the district into its corporate limits
under the terms of an agreement entered into before the effective
date of the Act enacting this chapter between the city and the
owners of the land being annexed, and, in that instance, the
district may not be dissolved, except as provided by Subsection
(b).
(b) The district may be dissolved and its debts and
obligations assumed by the city in accordance with Chapter 43,
Local Government Code, including Sections 43.075 and 43.0715, on
completion of the construction of the water, sanitary sewer, and
drainage improvements and roads required to serve at least 95
percent of the land in the district.
(c) Notwithstanding Section 54.016(f)(2), Water Code, an
agreement between the City of Leander and the district that
provides for the allocation of the taxes or revenues of the district
and the city following the date of inclusion of all the district's
territory in the corporate limits of the city may provide that the
total annual ad valorem taxes collected by the city and the district
from taxable property in the district may exceed the city's ad
valorem tax on that property.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8417.151. 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 8417.153.
(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. 8417.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8417.151, 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. 8417.153. 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. 8417.201. 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. 8417.202. 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. 8417.203. 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 Leander Hills Municipal Utility District of
Williamson County initially includes all the territory contained in
the following area:
being a 145.26 acres of land situated in the talbot chambers
survey, abstract no. 125, williamson county, Texas, being comprised
of ALL OF THE CALLED 92.621 acre tract DESCRIBED IN DEED TO DENSFORD
AVIATION SERVICES, INC. RECORDED IN Document Number 2009070195 OF
THE Official Public Records of Williamson County, Texas
(O.P.R.W.C.T.) AND ALL OF THE CALLED 52.640 acre tract PER METES AND
BOUNDS DESCRIPTION prepared BY SHANE SHAFER R.P.L.S. NO. 5281 DATED
APRIL 29, 2009; AND being more particularly DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
beginning at a found 1/2" iron rod on the south line of said
52.640 acre tract, same being the northwest corner of Tract 2 of the
Kittie Hill Acres a subdivision of record in Document Number
8419185 of the O.P.R.W.C.T. and recorded in Cabinet F, Slide 45 of
the Plat Records of Williamson County Texas (P.R.W.C.T.) and being
the northeast corner of a called 13.320 acre tract conveyed to Jack
Scott Bradley, Amy L. Bradley, and Brian Gregory Holmes as recorded
in Document Number 2000068029 of the O.P.R.W.C.T.;
THENCE South 68°56'56" West with the south line of said 52.640
acre tract, the north line of said 13.320 acre Bradley tract, the
north line of a called 13.320 acre tract conveyed to Brian Olson and
Charity M. Olson, husband and wife, and Gregory Olson and Hattie E.
Olson, husband and wife, as recorded in Document Number 2001071867
of the O.P.R.W.C.T. and the north line of a called 13.371 acre tract
conveyed to Charles Hoskins and Patricia Hoskins, husband and wife
as recorded in Document Number 2002036263 of the O.P.R.W.C.T.,
passing at a distance of 445.22 feet the northwest corner of said
13.320 acre Bradley tract and the northeast corner of said 13.320
acre Olson Tract an continuing a total distance of 1332.94 feet to a
found 1/2" iron rod for the southwest corner of said 52.640 acre
tract, the northwest corner of said 13.371 acre tract, and being on
the east line on a called 5.412 acre tract conveyed to Larry G.
Miller and wife, Leslie M. Miller as recorded in Volume 2041, Page
124 of the Deed Records of Williamson County, Texas (D.R.W.C.T);
THENCE North 21°52'40" West with the west line of said 52.640
acre tract and the east line of said 5.412 acre tract a distance of
196.23 feet to a found 1/2" iron rod for the northeast corner of
said 5.412 acre tract, and the southeast corner of a called 19.99
acre tract conveyed to Mila J. Milliorn recorded in Document Number
2006050300 of the O.P.R.W.C.T;
THENCE with the west line of said 52.640 acre tract and the
east line of said 19.99 acre tract, the following five (5) courses;
(1) North 19°41'08" West a distance of 62.72 feet to a found
1/2" iron rod;
(2) North 43°25'16" East a distance of 17.20 feet to a found
1/2" iron rod;
(3) North 22°58'31" West a distance of 160.69 feet to a 60D
nail found in the west side of a 12" Live Oak tree;
(4) North 19°52'01" West a distance of 443.14 feet to a 40D
nail found;
(5) North 20°50'38" West a distance of 370.34 feet to a found
1/2" iron rod for the northeast corner of said 19.99 acre tract, and
the southeast corner of a called 1.00 acre tract conveyed to Barbara
E. Bratton described in Exhibit "B" document recorded in Volume
2722, Page 551 of the D.R.W.C.T.;
THENCE North 20°51'23" West with the west line of said 52.640
acre tract and the east line of said Exhibit "B" tract a distance of
208.65 feet to a found 1/2" iron rod for the northeast corner of
said Exhibit "B" tract, and being at an angle point in of a 12.40
acre tract conveyed to Barbara E. Bratton described in Exhibit "A"
document recorded in Volume 2722, Page 551 of the D.R.W.C.T.;
THENCE with the west line of said 52.640 acre tract and the
east line of said Exhibit "A" tract, the following two (2) courses:
(1) North 20°36'15" West a distance of 361.45 feet to a 40D
nail;
(2) North 22°06'13" West a distance of 313.49 feet to a 40D
nail found for the northwest corner of said 92.621 acre tract;
THENCE with the west line of said 92.621 acre tract and the
east line of said Exhibit "A" tract, the following two (2) courses:
1. North 16°45'36" West a distance of 74.85 feet to a 40D
nail found in the north side of a 14" Live Oak tree;
2. North 22°32'12" West a distance of 105.96 feet to a found
iron rod with plastic cap stamped "DIAMOND SURVEYING" for the
northwest corner of said 92.621 acre tract, the northeast corner of
said 12.40 acre tract, and in the south line of the called 226 acre
tract conveyed to Lawrence Virgil Toungate and wife, Louise M.
Toungate as described in Volume 922, Page 878 of the D.R.W.C.T);
THENCE with the north line of said 92.621 acre tract and said
south line of said 226 acre tract, the following two (2) courses:
(1) North 69°16'48" East a distance of 509.14 feet to a 40D
nail found;
(2) North 68°42'17" East a distance of 1439.28 feet to a
found 4" square concrete monument for the southwest corner of a
called 100.16 acre tract conveyed to Huie H. Lamb, Jr., as described
in Volume 2323, Page 739 of the O.P.R.W.C.T., and the southeast
corner of said 226 acre tract;
THENCE with the north line of said 92.621 acre tract and the
south line of said 100.16 acre tract, the following two (2) courses:
(1) THENCE North 69°03'28" East a distance of 946.84 feet to
a nail found in the south side of a 12" Cedar tree;
(2) THENCE North 74°03'27" East a distance of 84.55 feet to a
found 4" square concrete monument for the southeast corner of said
100.16 acre tract, and same the southwest corner of a called 9.53
acre tract of land conveyed to Parmer 274 Investments, LLC as
described in Document Number 2012041079 of the O.P.R.W.C.T.;
THENCE with the north line of said 92.621 acre tract and said
south line of said 9.53 acre tract, the following eleven (11)
courses:
(1) South 86°58'08" East a distance of 77.96 feet to a found
1/2" iron rod;
(2) North 62°48'33" East a distance of 45.79 feet to a 40D
nail found in root of 12" Cedar tree;
(3) North 72°05'13" East a distance of 17.47 feet to a 40D
nail found in 10" Cedar tree;
(4) North 80°39'55" East a distance of 23.31 feet to a 60D
nail found in base of fence post;
(5) North 81°41'28" East a distance of 168.82 feet to a 60D
nail found in 12" Cedar tree;
(6) North 60°56'49" East a distance of 39.32 feet to a 40D
nail found;
(7) North 57°46'48" East a distance of 64.79 feet to a 60D
nail found in 12" Cedar tree;
(8) North 65°38'37" East a distance of 30.84 feet to a 60D
nail found in 30" Live Oak tree;
(9) North 68°16'06" East a distance of 158.61 feet to a 40D
nail found;
(10) North 68°25'55" East a distance of 127.34 feet to a 60D
nail found in 10" Cedar tree;
(11) North 72°46'46" East a distance of 108.25 feet to a
found iron rod with plastic cap stamped "DIAMOND SURVEYING" for the
northeast corner of said 92.621 acre tract, and in the existing west
right-of-way line of Ronald Reagan Boulevard (right-of-way width
varies);
THENCE with the existing west right-of-way line of Ronald
Reagan Boulevard, and the east line of said 92.621 acre tract, the
following five (5) courses and distances:
(1) South 27°36'23" East a distance of 96.46 feet to a found
iron rod with plastic cap stamped "DIAMOND SURVEYING";
(2) South 15°07'44" East a distance of 55.83 feet to a set
1/2" iron rod with cap marked "LANDESIGN";
(3) South 01°20'00" East a distance of 356.82 feet to a found
iron rod with plastic cap stamped "DIAMOND SURVEYING";
(4) South 10°10'14" East a distance of 100.76 feet to a found
iron rod with plastic cap stamped "DIAMOND SURVEYING";
(5) South 23°56'30" East a distance of 432.73 feet to a found
1/2" iron rod for the southeast corner of said 92.621 acre tract,
and being on the north line of a called 57.07 acre tract conveyed to
MP52 as recorded in Document Number 2012055771 of the O.P.R.W.C.T.;
THENCE with the south line of said 92.621 acre tract and the
north line of said 57.07 acre tract, the following twelve (12)
course and distances:
(1) South 81°39'46" West a distance for of 531.74 feet to a
found iron rod with plastic cap stamped "DIAMOND SURVEYING";
(2) South 81°17'07" West a distance of 639.06 feet to a metal
fence corner post;
(3) South 09°38'31" East a distance of 164.03 feet to a found
1/2" iron rod;
(4) South 80°18'44" West a distance of 586.19 feet to a found
1/2" iron rod;
(5) South 09°17'01" East a distance of 36.68 feet to a found
1/2" iron rod;
(6) South 68°47'48" West a distance of 142.01 feet to a found
1/2" iron rod;
(7) South 00°28'08" East a distance of 272.60 feet to a found
1/2" iron rod;
(8) South 59°00'22" East a distance of 567.45 feet to a metal
fence post;
(9) South 31°41'25" West a distance of 74.76 feet to a found
1/2" iron rod;
(10) South 56°38'19" East a distance of 741.46 feet to a
found 1/2" iron rod;
(11) South 33°16'35" West a distance of 34.80 feet to a found
1/2" iron rod;
(12) South 52°04'56" East a distance of 39.91 feet to a found
1/2" iron rod for the southwest corner of said 57.07 acre tract, and
being on a the north line of Tract 7, Kittie Hill Acres;
THENCE with the south line of said 92.621 acre tract and the
remainder of said Tract 7, the following two (2) courses:
(1) South 51°39'00" East for a distance of 81.12 feet to a
found iron rod with plastic cap stamped "DIAMOND SURVEYING";
(2) South 17°00'35" West for a distance of 171.42 feet to a
found 1/2" iron rod in the south line of said 92.621 acre tract, and
in the existing north right-of-way line of Airport Drive (50'
Right-of-Way);
THENCE North 71°58'26" West with the south line of said 92.621
acre tract and the north right-of-way line of Airport Drive, a
distance of 328.07 feet to a 1/2" iron rod found for angle point in
the south line of said 92.621 acre tract, and being the southeast
corner of said 52.640 acre tract;
THENCE South 69°17'46" West with the south line of said 52.640
acre tract, the north line of said Kittie Hill Acres, passing an
iron found for the northeast corner of said Tract 1, Kittie Hills
Acres at a distance of 78.16 feet and continuing a total distance of
120.34 feet to a 1/2" iron rod found for an angle point in the south
line of said 52.640 acre tract, and being in the north line of said
Tract 1, said Kittie Hill Acres;
THENCE South 69°22'09" West with the south line of said 52.640
acre tract, the north line of said Tract 1, and the north line of
said Tract 2 a distance of 681.39 feet to 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. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8417, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8417.107 to read as follows:
Sec. 8417.107. 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, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1354 was passed by the House on May 2,
2013, by the following vote: Yeas 147, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1354 was passed by the Senate on May
22, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor