Bill Text: TX SB1877 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Oatman Hill Municipal Utility District; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2011-06-17 - Effective on 9/1/11 [SB1877 Detail]
Download: Texas-2011-SB1877-Introduced.html
Bill Title: Relating to the creation of the Oatman Hill Municipal Utility District; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2011-06-17 - Effective on 9/1/11 [SB1877 Detail]
Download: Texas-2011-SB1877-Introduced.html
82R5870 KYF-F | ||
By: Hegar | S.B. No. 1877 |
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relating to the creation of the Oatman Hill Municipal Utility | ||
District; providing authority to impose a tax and issue bonds; | ||
granting a limited power of eminent domain. | ||
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 8327 to read as follows: | ||
CHAPTER 8327. OATMAN HILL MUNICIPAL UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8327.001. 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 Oatman Hill Municipal Utility | ||
District. | ||
Sec. 8327.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8327.003. 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. 8327.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 8327.003 | ||
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. 8327.005. 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. 8327.006. 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. | ||
[Sections 8327.007-8327.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8327.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8327.052, directors serve | ||
staggered four-year terms. | ||
Sec. 8327.052. TEMPORARY DIRECTORS. (a) On or after | ||
September 1, 2011, 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 8327.003; or | ||
(2) September 1, 2015. | ||
(c) If permanent directors have not been elected under | ||
Section 8327.003 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 8327.003; 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. | ||
[Sections 8327.053-8327.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8327.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8327.102. 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. 8327.103. 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. 8327.104. 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. 8327.105. 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. 8327.106. LIMITATION ON USE OF EMINENT DOMAIN. The | ||
district may not exercise the power of eminent domain outside the | ||
district to acquire a site or easement for: | ||
(1) a road project authorized by Section 8327.103; or | ||
(2) a recreational facility as defined by Section | ||
49.462, Water Code. | ||
[Sections 8327.107-8327.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8327.151. 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 8327.153. | ||
(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. 8327.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8327.151, 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. 8327.153. 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. | ||
[Sections 8327.154-8327.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
Sec. 8327.201. 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. 8327.202. 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. 8327.203. 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 Oatman Hill Municipal Utility District | ||
initially includes all the territory contained in the following | ||
area: | ||
TRACT 1: 626.6 acres out of the John B. Oatman Farm Subdivision, | ||
recorded in Book 2, Page 234, Travis County Deed Records, and in | ||
Volume 41, Page 641, Caldwell County Deed Records out of James S. | ||
Montgomery League, described as follows: | ||
BEGINNING at a stone monument two and one-half feet high marked | ||
T.B.C. locating the common corner of Travis, Bastrop and Caldwell | ||
Counties for the North corner of a 281.9 acre tract owned by | ||
Granville H. Bock and the East corner of the tract herein described; | ||
THENCE with the Granville Bock Northwest line South 44˚ 40' West | ||
1311.5 varas to an iron stake and pile of rocks set for the West | ||
corner of the Granville Bock 281.9 acre tract and the South corner | ||
of this tract; | ||
THENCE North 45˚ 15' West 2686.7 varas to an iron stake and rock | ||
mound on the Southeast line of the public lane as fenced (1935); | ||
THENCE with the lane fence North 43˚ 40' East 265 varas to a post and | ||
rock mound; | ||
THENCE with the line fence North 44˚ 25' East 927.8 varas to a post | ||
and rock mound; | ||
THENCE with the Southeast side of the public road as fenced North | ||
45˚ 15' East 81.4 varas to an iron pin, post and rock mound set on | ||
the North corner of the tract herein described and as enclosed by | ||
fence (1935); | ||
THENCE with the fence and Southwest side of the public road South | ||
45˚ 05' East 215 varas to a post and rock mound; | ||
THENCE with the fence and Southwest side of the public road South | ||
45˚ 40' East 275.9 varas to a post and rock mound; | ||
THENCE with the Southwest side of the road South 46˚ 10' East 592 | ||
varas to an iron stake; | ||
THENCE with the Southwest side of the road South 40˚ 10' East 173.3 | ||
varas to an iron stake and rock mound; | ||
THENCE with the Southwest side of the country road South 44˚ 50' | ||
East 1431.5 varas to the place of BEGINNING, containing 626.27 | ||
acres of land. | ||
TRACT II: 614 acres being more particularly described as follows: | ||
65 acres out of Lot 6 of Andrew Hamilton's Subdivision of 998 acres, | ||
recorded in Volume 204, Page 260, of the Travis County Deed Records, | ||
out of League 5, A.M. Leavy League, described as follows: | ||
BEGINNING at the South corner of 217 acres of land conveyed to W.E. | ||
Jamar by Ida L. Mask by deed dated November 23, 1909, recorded in | ||
Volume 238, Pages 287-289, Deed Records of Travis County, Texas; | ||
THENCE with the division line between Lot No. 6 and Lot No. 3, North | ||
45˚ East 1447 varas to a stake set on the Northeast boundary of said | ||
Leavy League and the Eastern corner of Lot No. 6; | ||
THENCE North 48˚ West with the Northeast boundary line of said | ||
league 254.1 varas to a stake set for the North corner of this | ||
tract; | ||
THENCE South 45˚ West 1443 varas to a stake set for the West corner | ||
of this tract; | ||
THENCE South 45˚ East 253.7 varas to the place of BEGINNING, | ||
containing 65 acres. | ||
Lot No. 3, of the Andrew Hamilton Subdivision of 998 acres out of | ||
said A.M. Leavy League according to plat recorded in Volume 204, | ||
Page 260 Travis County Deed Records, being League 5, described as | ||
follows: | ||
BEGINNING at a post set on the dividing line between Caldwell and | ||
Travis Counties, Texas, for the West corner of Lot No. 2, and the | ||
most South corner of this Lot; | ||
THENCE North 45˚ East with the county line 1474 varas to the most | ||
North corner of Lot 2 a large stone on the county line and common | ||
corner of Lots 2 and 3; | ||
THENCE North 48˚ West 526 varas to a post for corner the common | ||
corner of Lots 3 and 6; | ||
THENCE South 45˚ West 1447 varas to a post set for the most West | ||
corner of this Survey and the common corner of Lots 3, 4, 5 and 6; | ||
THENCE South 45˚ East 522 varas to the place of BEGINNING, | ||
containing 135 acres. | ||
A part of Lot 2 of Andrew Hamilton's Subdivision of 998 acres, | ||
recorded in Volume 204, Page 260, of the Travis County Deed Records, | ||
out of League 5 A.M. Leavy League, described as follows: | ||
BEGINNING at a stake in the county line dividing the counties of | ||
Travis and Caldwell and at the most North corner of a 100 acre tract | ||
a part of said Lot 2 sold and conveyed by Andrew Hamilton and wife, | ||
Barbara Hamilton to Otto E. Ehrlich. | ||
THENCE with said county line same being the division line between | ||
Lots 2 and 3 of said subdivision North 45˚ 15' East 788 varas to a | ||
large stone in the Northeastern line of said Leavy League the common | ||
corner of said Lots 2 and 3; | ||
THENCE with said League line South 45˚ 15' East 810 varas to a stake | ||
and corner of said Lot 2 in line of new road; | ||
THENCE with said road South 48˚ 50' West 817 varas to a stake in same | ||
and most East corner of said Otto Ehrlich 100 acre tract; | ||
THENCE with line of same North 45˚ West 815 varas to the place of | ||
BEGINNING, containing 114 acres, more or less. | ||
300 acres, out of League 5, A.M. Leavy being all of Blocks 15, 15A, | ||
16, 16A, 17 and 17A of the resurvey and subdivision of the Bunton | ||
Pasture of the A.M. Leavy League, according to plat recorded in | ||
Volume 27, Page 644, Caldwell County Deed Records, described as | ||
follows: | ||
BEGINNING at the NE corner of the 122 acre tract sold by R.L. Brown | ||
to Fritz Awalt, being Block 10 which is also the SE corner of Block | ||
17 of the subdivision of the Bunton Pasture; | ||
THENCE N 45˚ West 856 varas to the NE corner of Block 17A; | ||
THENCE S 45˚ W 1978 varas to the NE corner of Block 14A; | ||
THENCE S 45˚ E 856 varas to common line of corner of Blocks 12, 13, | ||
14, and 15 of the Subdivision of the Bunton Pasture; | ||
THENCE N 45˚ E 1978 varas to the place of BEGINNING, and being the | ||
same land conveyed by R.L. Brown to A.M. Cardwell by deed dated | ||
September 30, 1899, recorded in Volume 24, Page 314, Caldwell | ||
County Deed Records. | ||
TRACT III: Field Notes for a 99.542 acres tract of land being Lot | ||
No. 7 of the Eggleston Goldbeck and Seeling Subdivision of the Jacob | ||
Betts survey as recorded in Plat Book 1, Page 110 of the Plat | ||
Records of Travis County, Texas; said tract being more particularly | ||
described by metes and bounds as follows: | ||
BEGINNING at a concrete monument found in the East right-of-way | ||
line of Maha Road said concrete monument also being at the most | ||
southerly corner of the herein described tract; | ||
THENCE with the East right-of-way line of Maha Road N 40˚ 52' W a | ||
distance of 387.92 feet to a concrete monument found at an angle | ||
point; | ||
THENCE continuing with the East right-of-way line of Maha Road N 45˚ | ||
40' 12" W a distance of 1282.28 feet to a concrete monument found at | ||
the most westerly corner of the herein described tract; | ||
THENCE leaving the east right-of-way line of Maha Road N 45˚ 10' 42" | ||
E a distance of 2593.54 feet to a concrete monument found at the | ||
most northerly corner of the herein described tract; | ||
THENCE S 44˚ 44' 00" E a distance of 1698.50 feet to a concrete | ||
monument found at the most easterly corner of the herein described | ||
tract; | ||
THENCE S 46˚ 20' 11" W a distance of 1261.23 feet to a concrete | ||
monument found at an angle point; | ||
THENCE S 45˚ 20' 23" W a distance of 1337.70 feet to the POINT OF | ||
BEGINNING containing in all about 99.542 acres. | ||
TRACT IV: Field notes for two adjacent tracts of land, Tract No. 1 | ||
containing 20.508 acres and Tract No. 2 containing 20.487 acres for | ||
a total of 40.995 acres of land lying within and being part of the | ||
Edward Gritton one fourth league in Travis County, Texas, and being | ||
a part of that certain one hundred (100) acre tract conveyed by W.E. | ||
Jamar and wife Maude Jamar, to Otto Dube by warranty deed of record | ||
in Vol. 254, Page 226 of the Travis County deed records; said tracts | ||
being more particularly described by metes and bounds as follows: | ||
TRACT IVa: BEGINNING at a steel pin found in the East right-of-way | ||
line of Maha Road, said pin also being at the most westerly corner | ||
of Tract No. 1 and the most southerly corner of Tract No. 2 | ||
described below: | ||
THENCE leaving the right-of-way line of Maha Road and proceeding | ||
along the line common to Tract No. 1 and Tract No. 2 N 45˚ 00' 25" E a | ||
distance of 1724.03 feet to a steel pin found at the most northerly | ||
corner of Tract No. 1 and the most easterly corner of Tract No. 2 | ||
described below: | ||
THENCE S 44˚ 55' 47" E a distance of 518.11 feet to a steel pin set | ||
for the most easterly corner of Tract No. 1; | ||
THENCE S 45˚ 00' 24" W (S45˚ 00' W Record) a distance of 1724.41 feet | ||
to a steel pin set in the East right-of-way line of Maha Road at the | ||
most southerly corner of Tract No. 1; | ||
THENCE with the East right-of-way line of Maha Road N 44˚ 53' 09" W a | ||
distance of 518.13 feet to the POINT OF BEGINNING containing in all | ||
about 20.508 acres. | ||
TRACT IVb: BEGINNING at a steel pin found in the East right-of-way | ||
line of Maha Road, said pin also being at the most southerly corner | ||
of Tract No. 2 and the most westerly corner of the above described | ||
Tract 1: | ||
THENCE with the East right-of-way line of Maha Road N 44˚ 47' 42" W a | ||
distance of 279.95 feet ot a steel pin found at the most westerly | ||
corner of Tract No. 2; | ||
THENCE leaving the East right-of-way line of Maha Road N 44˚ 43' 46" | ||
E a distance of 884.41 feet to a steel pin found at an interior | ||
corner of Tract No. 2; | ||
THENCE N 44˚ 52' 07" W a distance of 478.83 feet to a steel pin found | ||
at the most northerly West corner of Tract No. 2; | ||
THENCE N 44˚ 32' 50" E a distance of 838.37 feet to a steel pin found | ||
at the most northerly corner of Tract No. 2; | ||
THENCE N 44˚ 56' 22" E a distance of 769.79 feet to a steel pin found | ||
at the most easterly corner of Tract No. 2 and the most northerly | ||
corner of Tract No. 1 described above; | ||
THENCE along the line common to Tract No. 1 and Tract No. 2 S 45˚ 00' | ||
25" W a distance of 1724.03 feet to the POINT OF BEGINNING | ||
containing in all about 20.487 acres. | ||
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) Section 8327.106, Special District Local | ||
Laws Code, as added by Section 1 of this Act, takes effect only if | ||
this Act receives a two-thirds vote of all the members elected to | ||
each house. | ||
(b) If this Act does not receive a two-thirds vote of all the | ||
members elected to each house, Subchapter C, Chapter 8327, Special | ||
District Local Laws Code, as added by Section 1 of this Act, is | ||
amended by adding Section 8327.106 to read as follows: | ||
Sec. 8327.106. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(c) 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. Except as provided by Section 4 of this Act, this | ||
Act takes effect September 1, 2011. |