Bill Text: TX SR710 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Suspending limitations on conference committee jurisdiction, H.B. No. 5344.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2023-05-28 - Reported enrolled [SR710 Detail]
Download: Texas-2023-SR710-Enrolled.html
By: Creighton | S.R. No. 710 |
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BE IT RESOLVED by the Senate of the State of Texas, 88th | ||
Legislature, Regular Session, 2023, That Senate Rule 12.03 be | ||
suspended in part as provided by Senate Rule 12.08 to enable the | ||
conference committee appointed to resolve the differences on | ||
House Bill 5344 (the eligibility of certain retired | ||
firefighters, police officers, and emergency medical services | ||
providers to purchase continued health benefits coverage; the | ||
creation of certain special purpose districts and the name, | ||
powers, and duties of the 3 B&J Municipal Utility District; | ||
granting a limited power of eminent domain; providing authority | ||
to issue bonds; providing authority to impose assessments, fees, | ||
and taxes) to consider and take action on the following matters: | ||
(1) Senate Rule 12.03(4) is suspended to permit the | ||
committee to add text on a matter not included in either the house | ||
or senate version of the bill by adding the following new | ||
SECTIONS to the bill: | ||
SECTION 1. Section 175.001, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 175.001. APPLICABILITY. (a) In this section, | ||
"township" means a special district with territory that only | ||
includes a census designated place, as designated by the United | ||
States Bureau of the Census. | ||
(b) This chapter applies to a person who: | ||
(1) retires from: | ||
(A) county employment in a county with a | ||
population of 75,000 or more; | ||
(B) employment by an appraisal district in a | ||
county with a population of 75,000 or more; | ||
(C) municipal employment in a municipality | ||
with a population of 25,000 or more; [ |
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(D) employment as a firefighter or emergency | ||
medical services provider by an emergency services district | ||
located wholly or partly in a county with a population of 150,000 | ||
or more; or | ||
(E) employment as a firefighter, police | ||
officer, or emergency medical services provider by a township | ||
with a population of 110,000 or more; and | ||
(2) is entitled to receive retirement benefits from | ||
a county, appraisal district, or municipal retirement plan, [ |
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emergency services district, or township. | ||
SECTION 2. (a) Subtitle C, Title 4, Special District | ||
Local Laws Code, is amended by adding Chapter 4001 to read as | ||
follows: | ||
CHAPTER 4001. DENTON COUNTY MUNICIPAL MANAGEMENT DISTRICT NO. 2 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 4001.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "County" means Denton County, Texas. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Denton County Municipal | ||
Management District No. 2. | ||
Sec. 4001.0102. NATURE OF DISTRICT. The Denton County | ||
Municipal Management District No. 2 is a special district | ||
created under Section 59, Article XVI, Texas Constitution. | ||
Sec. 4001.0103. PURPOSE; DECLARATION OF INTENT. (a) The | ||
creation of the district is essential to accomplish the purposes | ||
of Sections 52 and 52-a, Article III, and Section 59, Article | ||
XVI, Texas Constitution, and other public purposes stated in this | ||
chapter. | ||
(b) By creating the district and in authorizing the | ||
county and other political subdivisions to contract with the | ||
district, the legislature has established a program to | ||
accomplish the public purposes set out in Section 52-a, Article | ||
III, Texas Constitution. | ||
(c) The creation of the district is necessary to promote, | ||
develop, encourage, and maintain employment, commerce, | ||
transportation, housing, tourism, recreation, the arts, | ||
entertainment, economic development, safety, and the public | ||
welfare in the district. | ||
(d) This chapter and the creation of the district may not | ||
be interpreted to relieve the county from providing the level of | ||
services provided as of the effective date of the Act enacting | ||
this chapter to the area in the district. The district is created | ||
to supplement and not to supplant county services provided in the | ||
district. | ||
Sec. 4001.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. | ||
(a) All land and other property included in the district will | ||
benefit from the improvements and services to be provided by the | ||
district under powers conferred by Sections 52 and 52-a, Article | ||
III, and Section 59, Article XVI, Texas Constitution, and other | ||
powers granted under this chapter. | ||
(b) The district is created to serve a public use and | ||
benefit. | ||
(c) The creation of the district is in the public | ||
interest and is essential to further the public purposes of: | ||
(1) developing and diversifying the economy of the | ||
state; | ||
(2) eliminating unemployment and underemployment; | ||
and | ||
(3) developing or expanding transportation and | ||
commerce. | ||
(d) The district will: | ||
(1) promote the health, safety, and general welfare | ||
of residents, employers, potential employees, employees, | ||
visitors, and consumers in the district, and of the public; | ||
(2) provide needed funding for the district to | ||
preserve, maintain, and enhance the economic health and vitality | ||
of the district territory as a community and business center; | ||
(3) promote the health, safety, welfare, and | ||
enjoyment of the public by providing pedestrian ways and by | ||
landscaping and developing certain areas in the district, which | ||
are necessary for the restoration, preservation, and enhancement | ||
of scenic beauty; and | ||
(4) provide for water, wastewater, drainage, road, | ||
and recreational facilities for the district. | ||
(e) Pedestrian ways along or across a street, whether at | ||
grade or above or below the surface, and street lighting, street | ||
landscaping, parking, and street art objects are parts of and | ||
necessary components of a street and are considered to be a | ||
street or road improvement. | ||
(f) The district will not act as the agent or | ||
instrumentality of any private interest even though the district | ||
will benefit many private interests as well as the public. | ||
Sec. 4001.0105. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2(b) of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section | ||
2(b) of the Act enacting this chapter form a closure. A mistake | ||
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 bonds for the | ||
purposes for which the district is created or to pay the | ||
principal of and interest on the bonds; | ||
(3) right to impose or collect an assessment or tax; | ||
or | ||
(4) legality or operation. | ||
Sec. 4001.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL | ||
ZONES. All or any part of the area of the district is eligible to | ||
be included in: | ||
(1) a tax increment reinvestment zone created under | ||
Chapter 311, Tax Code; or | ||
(2) a tax abatement reinvestment zone created under | ||
Chapter 312, Tax Code. | ||
Sec. 4001.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT | ||
DISTRICTS LAW. Except as otherwise provided by this chapter, | ||
Chapter 375, Local Government Code, applies to the district. | ||
Sec. 4001.0108. CONSTRUCTION OF CHAPTER. This chapter | ||
shall be liberally construed in conformity with the findings and | ||
purposes stated in this chapter. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 4001.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five elected directors who serve | ||
staggered terms of four years. | ||
(b) Directors are elected in the manner provided by | ||
Subchapter D, Chapter 49, Water Code. | ||
Sec. 4001.0202. COMPENSATION; EXPENSES. (a) The district | ||
may compensate each director in an amount not to exceed $150 for | ||
each board meeting. The total amount of compensation for each | ||
director in one year may not exceed $7,200. | ||
(b) A director is entitled to reimbursement for necessary | ||
and reasonable expenses incurred in carrying out the duties and | ||
responsibilities of the board. | ||
Sec. 4001.0203. 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 Texas Commission on | ||
Environmental Quality 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) The temporary or successor temporary directors shall | ||
hold an election to elect five permanent directors as provided by | ||
Section 49.102, Water Code. | ||
(c) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Subsection (b); or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this chapter. | ||
(d) If permanent directors have not been elected under | ||
Subsection (b) and the terms of the temporary directors have | ||
expired, successor temporary directors shall be appointed or | ||
reappointed as provided by Subsection (e) to serve terms that | ||
expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Subsection (b); or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(e) If Subsection (d) 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. 4001.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes | ||
for which the district is created. | ||
Sec. 4001.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) | ||
The district, using any money available to the district for the | ||
purpose, may provide, design, construct, acquire, improve, | ||
relocate, operate, maintain, or finance an improvement project | ||
or service authorized under this chapter or Chapter 375, Local | ||
Government Code. | ||
(b) The district may contract with a governmental or | ||
private entity to carry out an action under Subsection (a). | ||
(c) The implementation of a district project or service | ||
is a governmental function or service for the purposes of Chapter | ||
791, Government Code. | ||
Sec. 4001.0303. NONPROFIT CORPORATION. (a) The board by | ||
resolution may authorize the creation of a nonprofit corporation | ||
to assist and act for the district in implementing a project or | ||
providing a service authorized by this chapter. | ||
(b) The nonprofit corporation: | ||
(1) has each power of and is considered to be a local | ||
government corporation created under Subchapter D, Chapter 431, | ||
Transportation Code; and | ||
(2) may implement any project and provide any | ||
service authorized by this chapter. | ||
(c) The board shall appoint the board of directors of the | ||
nonprofit corporation. The board of directors of the nonprofit | ||
corporation shall serve in the same manner as the board of | ||
directors of a local government corporation created under | ||
Subchapter D, Chapter 431, Transportation Code, except that a | ||
board member is not required to reside in the district. | ||
Sec. 4001.0304. LAW ENFORCEMENT SERVICES. To protect | ||
the public interest, the district may contract with a qualified | ||
party, including the county, to provide law enforcement services | ||
in the district for a fee. | ||
Sec. 4001.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. | ||
The district may join and pay dues to a charitable or nonprofit | ||
organization that performs a service or provides an activity | ||
consistent with the furtherance of a district purpose. | ||
Sec. 4001.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The | ||
district may engage in activities that accomplish the economic | ||
development purposes of the district. | ||
(b) The district may establish and provide for the | ||
administration of one or more programs to promote state or local | ||
economic development and to stimulate business and commercial | ||
activity in the district, including programs to: | ||
(1) make loans and grants of public money; and | ||
(2) provide district personnel and services. | ||
(c) The district may create economic development | ||
programs and exercise the economic development powers provided | ||
to municipalities by: | ||
(1) Chapter 380, Local Government Code; and | ||
(2) Subchapter A, Chapter 1509, Government Code. | ||
Sec. 4001.0307. PARKING FACILITIES. (a) The district | ||
may acquire, lease as lessor or lessee, construct, develop, own, | ||
operate, and maintain parking facilities or a system of parking | ||
facilities, including lots, garages, parking terminals, or other | ||
structures or accommodations for parking motor vehicles off the | ||
streets and related appurtenances. | ||
(b) The district's parking facilities serve the public | ||
purposes of the district and are owned, used, and held for a | ||
public purpose even if leased or operated by a private entity for | ||
a term of years. | ||
(c) The district's parking facilities are parts of and | ||
necessary components of a street and are considered to be a | ||
street or road improvement. | ||
(d) The development and operation of the district's | ||
parking facilities may be considered an economic development | ||
program. | ||
Sec. 4001.0308. ADDING OR EXCLUDING LAND. The district | ||
may add or exclude land in the manner provided by Subchapter J, | ||
Chapter 49, Water Code, or by Subchapter H, Chapter 54, Water | ||
Code. | ||
Sec. 4001.0309. DISBURSEMENTS AND TRANSFERS OF MONEY. | ||
The board by resolution shall establish the number of directors' | ||
signatures and the procedure required for a disbursement or | ||
transfer of district money. | ||
Sec. 4001.0310. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT. | ||
Section 375.161, Local Government Code, does not apply to the | ||
district. | ||
Sec. 4001.0311. EMINENT DOMAIN. The district may | ||
exercise the power of eminent domain in the manner provided by | ||
Section 49.222, Water Code. | ||
Sec. 4001.0312. DIVISION OF DISTRICT. (a) The district | ||
may be divided into two or more new districts only if the | ||
district: | ||
(1) has no outstanding bonded debt; and | ||
(2) is not imposing ad valorem taxes. | ||
(b) 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. | ||
(c) Any 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(b) of | ||
the Act enacting this chapter. | ||
(d) 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. | ||
(e) An order dividing the district must: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new | ||
district; and | ||
(4) provide for the division of assets and | ||
liabilities between or among the new districts. | ||
(f) 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 Texas Commission on Environmental Quality and | ||
record the order in the real property records of each county in | ||
which the district is located. | ||
(g) Any 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. | ||
(h) Municipal consent to the creation of the district and | ||
to the inclusion of land in the district granted under Section | ||
4001.0506 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. ASSESSMENTS | ||
Sec. 4001.0401. PETITION REQUIRED FOR FINANCING SERVICES | ||
AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not | ||
finance a service or improvement project with assessments under | ||
this chapter unless a written petition requesting that service or | ||
improvement has been filed with the board. | ||
(b) A petition filed under Subsection (a) must be signed | ||
by the owners of a majority of the assessed value of real property | ||
in the district subject to assessment according to the most | ||
recent certified tax appraisal roll for the county. | ||
Sec. 4001.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) | ||
The board by resolution may impose and collect an assessment for | ||
any purpose authorized by this chapter in all or any part of the | ||
district. | ||
(b) An assessment, a reassessment, or an assessment | ||
resulting from an addition to or correction of the assessment | ||
roll by the district, penalties and interest on an assessment or | ||
reassessment, an expense of collection, and reasonable | ||
attorney's fees incurred by the district: | ||
(1) are a first and prior lien against the property | ||
assessed; | ||
(2) are superior to any other lien or claim other | ||
than a lien or claim for county, school district, or municipal ad | ||
valorem taxes; and | ||
(3) are the personal liability of and a charge | ||
against the owners of the property even if the owners are not | ||
named in the assessment proceedings. | ||
(c) The lien is effective from the date of the board's | ||
resolution imposing the assessment until the date the assessment | ||
is paid. The board may enforce the lien in the same manner that | ||
the board may enforce an ad valorem tax lien against real | ||
property. | ||
(d) The board may make a correction to or deletion from | ||
the assessment roll that does not increase the amount of | ||
assessment of any parcel of land without providing notice and | ||
holding a hearing in the manner required for additional | ||
assessments. | ||
SUBCHAPTER E. TAXES AND BONDS | ||
Sec. 4001.0501. TAX ELECTION REQUIRED. (a) The district | ||
must hold an election in the manner provided by Chapter 49, Water | ||
Code, or, if applicable, Chapter 375, Local Government Code, to | ||
obtain voter approval before the district may impose an ad | ||
valorem tax. | ||
(b) Section 375.243, Local Government Code, does not | ||
apply to the district. | ||
Sec. 4001.0502. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized by a majority of the district voters voting at an | ||
election under Section 4001.0501, the district may impose an | ||
operation and maintenance tax on taxable property in the district | ||
in the manner provided by Section 49.107, Water Code, for any | ||
district purpose, including to: | ||
(1) maintain and operate the district; | ||
(2) construct or acquire improvements; or | ||
(3) provide a service. | ||
(b) The board shall determine the operation and | ||
maintenance tax rate. The rate may not exceed the rate approved | ||
at the election. | ||
Sec. 4001.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE | ||
BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money | ||
on terms determined by the board. | ||
(b) The district may issue bonds, notes, or other | ||
obligations payable wholly or partly from ad valorem taxes, | ||
assessments, impact fees, revenue, contract payments, grants, or | ||
other district money, or any combination of those sources of | ||
money, to pay for any authorized district purpose. | ||
Sec. 4001.0504. BONDS SECURED BY REVENUE OR CONTRACT | ||
PAYMENTS. The district may issue, without an election, bonds | ||
secured by: | ||
(1) revenue other than ad valorem taxes, including | ||
contract revenues; or | ||
(2) contract payments, provided that the | ||
requirements of Section 49.108, Water Code, have been met. | ||
Sec. 4001.0505. BONDS SECURED BY AD VALOREM TAXES; | ||
ELECTIONS. (a) If authorized at an election under Section | ||
4001.0501, the district may issue bonds payable from ad valorem | ||
taxes. | ||
(b) 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 annual ad valorem tax, | ||
without limit as to rate or amount, for each year that all or part | ||
of the bonds are outstanding as required and in the manner | ||
provided by Sections 54.601 and 54.602, Water Code. | ||
(c) All or any part of any facilities or improvements | ||
that may be acquired by a district by the issuance of its bonds | ||
may be submitted as a single proposition or as several | ||
propositions to be voted on at the election. | ||
Sec. 4001.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) | ||
The board may not issue bonds 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. | ||
(b) This section applies only to the district's first | ||
issuance of bonds payable from ad valorem taxes. | ||
SUBCHAPTER I. DISSOLUTION | ||
Sec. 4001.0901. DISSOLUTION. (a) The board shall | ||
dissolve the district on written petition filed with the board by | ||
the owners of: | ||
(1) at least two-thirds of the assessed value of the | ||
property subject to assessment by the district based on the most | ||
recent certified county property tax rolls; or | ||
(2) at least two-thirds of the surface area of the | ||
district, excluding roads, streets, highways, utility | ||
rights-of-way, other public areas, and other property exempt | ||
from assessment by the district according to the most recent | ||
certified county property tax rolls. | ||
(b) The board by majority vote may dissolve the district | ||
at any time. | ||
(c) The district may not be dissolved by its board under | ||
Subsection (a) or (b) if the district: | ||
(1) has any outstanding bonded indebtedness until | ||
that bonded indebtedness has been repaid or defeased in | ||
accordance with the order or resolution authorizing the issuance | ||
of the bonds; | ||
(2) has a contractual obligation to pay money until | ||
that obligation has been fully paid in accordance with the | ||
contract; or | ||
(3) owns, operates, or maintains public works, | ||
facilities, or improvements unless the district contracts with | ||
another person for the ownership, operation, or maintenance of | ||
the public works, facilities, or improvements. | ||
(d) Sections 375.261, 375.262, and 375.264, Local | ||
Government Code, do not apply to the district. | ||
(b) The Denton County Municipal Management District | ||
No. 2 initially includes all territory contained in the | ||
following area: | ||
TRACT I: | ||
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING | ||
SITUATED IN THE B. WAY SURVEY, ABSTRACT NUMBER 1350, W. JOHNSON | ||
SURVEY, ABSTRACT NUMBER 680, J. STEWART, ABSTRACT NUMBER 1199, | ||
DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT DESCRIBED IN A | ||
DEED TO CLEAR CREEK RIDGE, LLC, RECORDED IN VOLUME 5127, PAGE | ||
1955, AND VOLUME 5127, PAGE 1951, REAL PROPERTY RECORDS OF DENTON | ||
COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: | ||
BEGINNING AT A 1/2 INCH IRON PIN FOUND AT THE SOUTHERN MOST | ||
SOUTHEAST CORNER OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, | ||
PAGE 1955 AND BEING ON THE WEST LINE OF A DEED TO F. JEFFERY | ||
CHARNEY, RECORDED IN VOLUME 3035, PAGE 534, REAL PROPERTY | ||
RECORDS, DENTON COUNTY, TEXAS, AND BEING ON THE NORTHERN MOST | ||
NORTHEAST CORNER OF A TRACT DESCRIBED IN A DEED TO ROYAL WHITE | ||
JONES, RECORDED IN VOLUME 1231, PAGE 701, DEED RECORDS, DENTON | ||
COUNTY, TEXAS; | ||
THENCE NORTH 71 DEGREES 47 MINUTES 53 SECONDS WEST WITH THE | ||
SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE | ||
1955, A DISTANCE OF 5542.39 FEET TO A 1/2 INCH IRON PIN SET AT THE | ||
SOUTHERN MOST SOUTHWEST CORNER OF SAID CLEAR CREEK RIDGE TRACT IN | ||
VOLUME 5127, PAGE 1955, AN INNER ELL CORNER OF A TRACT DESCRIBED | ||
IN A DEED TO CASEY MARK HARRINGTON, RECORDED IN VOLUME 2031, PAGE | ||
348, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; | ||
THENCE NORTH WITH A WEST LINE OF SAID CLEAR CREEK RIDGE | ||
TRACT IN VOLUME 5127, PAGE 1955, A DISTANCE OF 240.00 FEET TO A | ||
1/2 INCH IRON PIN SET AT A SOUTHWEST CORNER OF SAID CLEAR CREEK | ||
RIDGE TRACT IN VOLUME 5127, PAGE 1955; | ||
THENCE SOUTH 89 DEGREES 24 MINUTES 00 SECONDS EAST, A | ||
DISTANCE OF 154.60 FEET TO A 1/2 INCH IRON PIN SET FOR CORNER AT | ||
AN INNER ELL CORNER OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME | ||
5127, PAGE 1955 AND THE SOUTHEAST CORNER OF A TRACT DESCRIBED IN A | ||
DEED TO MARY TOM CRAVENS CURNUTT, RECORDED IN VOLUME 2505, PAGE | ||
298, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; | ||
THENCE NORTH 15 DEGREES 54 MINUTES 04 SECONDS EAST WITH THE | ||
WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE | ||
1955, A DISTANCE OF 2222.30 FEET TO A 1/2 INCH IRON PIN SET FOR | ||
CORNER; | ||
THENCE SOUTH 82 DEGREES 47 MINUTES 03 SECONDS EAST WITH A | ||
SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE | ||
1955, A DISTANCE OF 667.90 FEET TO A 1/2 INCH IRON PIN FOUND FOR | ||
CORNER; | ||
THENCE NORTH 56 DEGREES 22 MINUTES 21 SECONDS EAST WITH A | ||
SOUTHWEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, | ||
PAGE 1955, A DISTANCE OF 642.42 FEET TO A 1/2 INCH IRON PIN FOUND | ||
FOR CORNER; | ||
THENCE NORTH 50 DEGREES 04 MINUTES 04 SECONDS EAST WITH A | ||
SOUTHWEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, | ||
PAGE 1955, A DISTANCE OF 311.43 FEET TO A 1/2 INCH IRON PIN FOUND | ||
FOR CORNER; | ||
THENCE NORTH 36 DEGREES 03 MINUTES 57 SECONDS EAST WITH THE | ||
WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE | ||
1955, A DISTANCE OF 1119.19 FEET TO A 1/2 INCH IRON PIN FOUND FOR | ||
CORNER; | ||
THENCE NORTH 26 DEGREES 07 MINUTES 18 SECONDS WEST WITH THE | ||
WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE | ||
1955, A DISTANCE OF 1390.50 FEET TO A 1/2 INCH IRON PIN SET FOR | ||
CORNER; | ||
THENCE NORTH 00 DEGREES 14 MINUTES 50 SECONDS EAST WITH THE | ||
WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE | ||
1955, A DISTANCE OF 913.00 FEET TO A 1/2 INCH IRON PIN SET FOR | ||
CORNER ON THE NORTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME | ||
5127, PAGE 1955, AND THE SOUTH LINE OF SAID CLEAR CREEK RIDGE | ||
TRACT IN VOLUME 5127, PAGE 1951; | ||
THENCE NORTH 89 DEGREES 52 MINUTES 14 SECONDS WEST WITH A | ||
NORTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE | ||
1955 AND THE SOUTH LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME | ||
5127, PAGE 1951, A DISTANCE OF 771.47 FEET TO A 1/2 INCH IRON PIN | ||
SET FOR CORNER BEING ON A WEST LINE OF SAID CLEAR CREEK RIDGE | ||
TRACT IN VOLUME 5127, PAGE 1951 AND AN EAST LINE OF A TRACT | ||
DESCRIBED IN A DEED TO RAY HENGER, RECORDED IN VOLUME 4612, PAGE | ||
567, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; | ||
THENCE NORTH 00 DEGREES 46 MINUTES 29 SECONDS WEST WITH A | ||
WEST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE | ||
1951 AND AN EAST LINE OF SAID HENGER TRACT, A DISTANCE OF 1151.02 | ||
FEET TO A 1/2 INCH IRON PIN SET FOR CORNER; | ||
THENCE WITH CLEAR CREEK THE FOLLOWING FIFTY-FOUR (54) | ||
CALLS: | ||
1.) NORTH 55 DEGREES 38 MINUTES 38 SECONDS EAST, A | ||
DISTANCE OF 110.80 FEET; | ||
2.) NORTH 51 DEGREES 23 MINUTES 04 SECONDS EAST, A | ||
DISTANCE OF 278.21 FEET; | ||
3.) SOUTH 70 DEGREES 46 MINUTES 01 SECONDS EAST, A | ||
DISTANCE OF 415.87 FEET; | ||
4.) SOUTH 40 DEGREES 58 MINUTES 38 SECONDS EAST, A | ||
DISTANCE OF 604.83 FEET; | ||
5.) SOUTH 51 DEGREES 09 MINUTES 01 SECONDS EAST, A | ||
DISTANCE OF 410.80 FEET; | ||
6.) SOUTH 37 DEGREES 53 MINUTES 33 SECONDS EAST, A | ||
DISTANCE OF 82.37 FEET; | ||
7.) SOUTH 18 DEGREES 46 MINUTES 16 SECONDS EAST, A | ||
DISTANCE OF 75.16 FEET; | ||
8.) SOUTH 05 DEGREES 46 MINUTES 16 SECONDS WEST, A | ||
DISTANCE OF 49.39 FEET; | ||
9.) SOUTH 22 DEGREES 04 MINUTES 06 SECONDS WEST, A | ||
DISTANCE OF 308.38 FEET; | ||
10.) SOUTH 26 DEGREES 11 MINUTES 20 SECONDS WEST, A | ||
DISTANCE OF 76.63 FEET; | ||
11.) SOUTH 26 DEGREES 11 MINUTES 20 SECONDS WEST, A | ||
DISTANCE OF 547.10 FEET; | ||
12.) SOUTH 46 DEGREES 12 MINUTES 54 SECONDS EAST, A | ||
DISTANCE OF 174.23 FEET; | ||
13.) NORTH 86 DEGREES 27 MINUTES 32 SECONDS EAST, A | ||
DISTANCE OF 417.50 FEET; | ||
14.) NORTH 53 DEGREES 53 MINUTES 06 SECONDS EAST, A | ||
DISTANCE OF 225.22 FEET; | ||
15.) SOUTH 70 DEGREES 20 MINUTES 06 SECONDS EAST, A | ||
DISTANCE OF 93.57 FEET; | ||
16.) SOUTH 54 DEGREES 37 MINUTES 57 SECONDS EAST, A | ||
DISTANCE OF 330.11 FEET; | ||
17.) NORTH 64 DEGREES 44 MINUTES 37 SECONDS EAST, A | ||
DISTANCE OF 674.49 FEET; | ||
18.) NORTH 84 DEGREES 14 MINUTES 43 SECONDS EAST, A | ||
DISTANCE OF 100.20 FEET; | ||
19.) SOUTH 56 DEGREES 23 MINUTES 54 SECONDS EAST, A | ||
DISTANCE OF 116.40 FEET; | ||
20.) SOUTH 06 DEGREES 22 MINUTES 27 SECONDS WEST, A | ||
DISTANCE OF 228.98 FEET; | ||
21.) SOUTH 52 DEGREES 30 MINUTES 28 SECONDS WEST, A | ||
DISTANCE OF 271.35 FEET; | ||
22.) SOUTH 87 DEGREES 06 MINUTES 16 SECONDS WEST, A | ||
DISTANCE OF 326.84 FEET; | ||
23.) SOUTH 63 DEGREES 22 MINUTES 32 SECONDS WEST, A | ||
DISTANCE OF 93.18 FEET; | ||
24.) SOUTH 19 DEGREES 39 MINUTES 44 SECONDS WEST, A | ||
DISTANCE OF 274.65 FEET; | ||
25.) SOUTH 06 DEGREES 09 MINUTES 26 SECONDS EAST, A | ||
DISTANCE OF 129.80 FEET; | ||
26.) SOUTH 59 DEGREES 41 MINUTES 10 SECONDS EAST, A | ||
DISTANCE OF 155.04 FEET; | ||
27.) NORTH 61 DEGREES 09 MINUTES 15 SECONDS EAST, A | ||
DISTANCE OF 459.27 FEET; | ||
28.) SOUTH 85 DEGREES 11 MINUTES 12 SECONDS EAST, A | ||
DISTANCE OF 101.67 FEET; | ||
29.) SOUTH 50 DEGREES 11 MINUTES 20 SECONDS EAST, A | ||
DISTANCE OF 160.52 FEET; | ||
30.) SOUTH 19 DEGREES 38 MINUTES 33 SECONDS EAST, A | ||
DISTANCE OF 218.07 FEET; | ||
31.) SOUTH 08 DEGREES 39 MINUTES 06 SECONDS WEST, A | ||
DISTANCE OF 110.67 FEET; | ||
32.) SOUTH 60 DEGREES 37 MINUTES 40 SECONDS WEST, A | ||
DISTANCE OF 111.17 FEET; | ||
33.) NORTH 71 DEGREES 44 MINUTES 44 SECONDS WEST, A | ||
DISTANCE OF 205.32 FEET; | ||
34.) NORTH 58 DEGREES 00 MINUTES 21 SECONDS WEST, A | ||
DISTANCE OF 175.42 FEET; | ||
35.) SOUTH 60 DEGREES 53 MINUTES 09 SECONDS WEST, A | ||
DISTANCE OF 81.38 FEET; | ||
36.) SOUTH 19 DEGREES 12 MINUTES 39 SECONDS EAST, A | ||
DISTANCE OF 180.46 FEET; | ||
37.) SOUTH 31 DEGREES 27 MINUTES 36 SECONDS EAST, A | ||
DISTANCE OF 348.51 FEET; | ||
38.) SOUTH 08 DEGREES 24 MINUTES 19 SECONDS WEST, A | ||
DISTANCE OF 80.11 FEET; | ||
39.) SOUTH 44 DEGREES 00 MINUTES 08 SECONDS WEST, A | ||
DISTANCE OF 157.91 FEET; | ||
40.) SOUTH 69 DEGREES 06 MINUTES 14 SECONDS WEST, A | ||
DISTANCE OF 188.37 FEET; | ||
41.) SOUTH 03 DEGREES 39 MINUTES 31 SECONDS WEST, A | ||
DISTANCE OF 190.40 FEET; | ||
42.) SOUTH 62 DEGREES 37 MINUTES 49 SECONDS EAST, A | ||
DISTANCE OF 165.30 FEET; | ||
43.) NORTH 43 DEGREES 07 MINUTES 44 SECONDS EAST, A | ||
DISTANCE OF 253.82 FEET; | ||
44.) NORTH 58 DEGREES 54 MINUTES 00 SECONDS EAST, A | ||
DISTANCE OF 135.83 FEET; | ||
45.) SOUTH 34 DEGREES 09 MINUTES 46 SECONDS EAST, A | ||
DISTANCE OF 149.30 FEET; | ||
46.) SOUTH 21 DEGREES 47 MINUTES 10 SECONDS WEST, A | ||
DISTANCE OF 518.33 FEET; | ||
47.) SOUTH 20 DEGREES 01 MINUTES 56 SECONDS EAST, A | ||
DISTANCE OF 329.19 FEET; | ||
48.) SOUTH 66 DEGREES 36 MINUTES 28 SECONDS EAST, A | ||
DISTANCE OF 195.08 FEET; | ||
49.) SOUTH 87 DEGREES 31 MINUTES 31 SECONDS EAST, A | ||
DISTANCE OF 403.76 FEET; | ||
50.) SOUTH 68 DEGREES 26 MINUTES 25 SECONDS EAST, A | ||
DISTANCE OF 144.04 FEET; | ||
51.) SOUTH 03 DEGREES 41 MINUTES 33 SECONDS WEST, A | ||
DISTANCE OF 91.78 FEET; | ||
52.) SOUTH 23 DEGREES 36 MINUTES 59 SECONDS WEST, A | ||
DISTANCE OF 322.95 FEET; | ||
53.) SOUTH 39 DEGREES 05 MINUTES 30 SECONDS EAST, A | ||
DISTANCE OF 167.15 FEET; | ||
54.) SOUTH 54 DEGREES 29 MINUTES 12 SECONDS EAST, A | ||
DISTANCE OF 152.28 FEET TO A 1/2 INCH IRON PIN FOUND ON AN EAST | ||
LINE OF SAID CLEAR CREEK RIDGE TRACT; | ||
THENCE SOUTH 00 DEGREES 52 MINUTES 17 SECONDS EAST WITH AN | ||
EAST LINE OF SAID CLEAR CREEK RIDGE TRACT IN VOLUME 5127, PAGE | ||
1955, A DISTANCE OF 3736.55 FEET TO THE POINT OF BEGINNING AND | ||
CONTAINING IN ALL 535.703 ACRES OF LAND. | ||
(c) Section 4001.0311, Special District Local Laws Code, | ||
as added by Subsection (a) of this section, takes effect only if | ||
this Act receives a two-thirds vote of all the members elected to | ||
each house. | ||
(d) If the Act enacting this section does not receive a | ||
two-thirds vote of all the members elected to each house, | ||
Subchapter C, Chapter 4001, Special District Local Laws Code, as | ||
added by Subsection (a) of this section, is amended by adding | ||
Section 4001.0311 to read as follows: | ||
Sec. 4001.0311. NO EMINENT DOMAIN POWER. The district | ||
may not exercise the power of eminent domain. | ||
SECTION 4. (a) Subtitle F, Title 6, Special District | ||
Local Laws Code, is amended by adding Chapter 7962 to read as | ||
follows: | ||
CHAPTER 7962. JARRELL ESTATES MUNICIPAL UTILITY DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7962.0101. 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 Jarrell Estates Municipal | ||
Utility District No. 1. | ||
Sec. 7962.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article | ||
XVI, Texas Constitution. | ||
Sec. 7962.0103. 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. 7962.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
7962.0103 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. | ||
Sec. 7962.0105. 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. 7962.0106. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 4(b) of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section | ||
4(b) 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. 7962.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five elected directors. | ||
(b) Except as provided by Section 7962.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 7962.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Jake Newman; | ||
(2) Davis Craig; | ||
(3) Brad Harwick; | ||
(4) LouAnn Covington; and | ||
(5) Stephen Fowler. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7962.0103; 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 7962.0103 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 7962.0103; 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. 7962.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes | ||
for which the district is created. | ||
Sec. 7962.0302. 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. 7962.0303. 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. 7962.0304. 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. 7962.0305. COMPLIANCE WITH MUNICIPAL REGULATIONS. | ||
Any water, sanitary sewer, road, drainage, or other | ||
infrastructure or public facilities constructed, acquired, | ||
improved, maintained, or operated by the district shall comply | ||
with any subdivision or other applicable regulations of any | ||
municipality in whose corporate limits or extraterritorial | ||
jurisdiction the infrastructure or public facilities are located | ||
unless other regulations are specified in a development | ||
agreement between the district and the municipality. | ||
Sec. 7962.0306. 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. 7962.0307. DIVISION OF DISTRICT. (a) The district | ||
may be divided into two or more new districts only if the | ||
district: | ||
(1) has no outstanding bonded debt; and | ||
(2) is not imposing ad valorem taxes. | ||
(b) 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. | ||
(c) Any 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 4(b) of | ||
the Act enacting this chapter. | ||
(d) 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. | ||
(e) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under | ||
Section 7962.0103 to confirm the district's creation. | ||
(f) An order dividing the district shall: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new | ||
district; and | ||
(4) provide for the division of assets and | ||
liabilities between or among the new districts. | ||
(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) Any new district created by the division of the | ||
district shall hold a confirmation and directors' election as | ||
required by Section 7962.0103. If the voters of a new district do | ||
not confirm the creation of the new district, the assets, | ||
obligations, territory, and governance of the new district | ||
revert to the original district. | ||
(i) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
(j) Municipal consent to the creation of the district and | ||
to the inclusion of land in the district granted under Section | ||
7962.0104 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. | ||
(k) Any 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. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7962.0401. 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 | ||
7962.0403. | ||
(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. 7962.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7962.0401, 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. | ||
(c) Section 49.107(f), Water Code, does not apply to | ||
reimbursements for projects constructed or acquired under | ||
Section 7962.0303. | ||
Sec. 7962.0403. 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. 7962.0501. 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. 7962.0502. 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. 7962.0503. 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. | ||
(b) The Jarrell Estates Municipal Utility District No. 1 | ||
initially includes all the territory contained in the following | ||
area: | ||
(a) BEGINNING: At a 2" pipe post found in the North line | ||
of County Road 232 for the lower Southeast corner of a 649.53 Acre | ||
Tract (Document #2004074055, Official Public Records, described | ||
in Volume 2520, Page 200 and Volume 2598, Page 457, Official | ||
Public Records) and an exterior corner of said 3072.64 Acre Tract | ||
and of this tract from which a 2" pipe post found in the South | ||
line of said county road for the Northwest corner of a 48.65 Acre | ||
Tract (surveyed March 10, 2022) bears S 00° 18' 48" W 56.15 feet; | ||
THENCE: Along a fence with the lower East line of said | ||
649.53 Acre Tract and a West line of said 3072.64 Acre Tract and | ||
of this tract as follows: | ||
N 04° 31' 43" W 735.20 feet to a 3" pipe post found for an | ||
angle point; | ||
N 10° 51' 27" W 14.01 feet to a 3" pipe post found for an | ||
interior corner of said 649.53 Acre Tract and an exterior corner | ||
of said 3072.64 Acre Tract and of this tract; | ||
THENCE: Along a fence with the upper South line of said | ||
649.53 Acre Tract and a North line of said 3072.64 Acre Tract and | ||
of this tract as follows: | ||
N 65° 24' 32" E 680.46 feet to a 2" pipe post found for an | ||
angle point; | ||
N 65° 28' 50" E 651.69 feet to a 2" pipe post found for an | ||
angle point; | ||
N 68° 01' 01" E 2635.82 feet to a 100D nail set for the | ||
Southeast corner of said 649.53 Acre Tract and an interior corner | ||
of said 3072.64 Acre Tract and of this tract; | ||
THENCE: Along a fence with the East line of Abstract | ||
No. 358, Survey No. 1, and said 649.53 Acre Tract, the lower East | ||
line of a 1209.24 Acre Tract (Document #2014012037, Official | ||
Public Records), the West line of Survey No. 21, and the upper | ||
West line of said 3072.64 Acre Tract and of this tract as follows: | ||
N 21° 16' 42" W 2553.70 feet to a 2" pipe post found for an | ||
angle point; | ||
N 21° 14' 51" W 877.13 feet to a steel post found for an | ||
angle point; | ||
N 20° 54' 03" W 2216.78 feet to a 3" pipe post found for the | ||
Northeast corner of said 649.53 Acre Tract and an angle point of | ||
this tract; | ||
S 69° 04' 53" W 13.57 feet with the North line of said | ||
649.53 Acre Tract to a 3" pipe post found for the Southeast corner | ||
of said 1209.24 Acre Tract and an angle point of this tract; | ||
N 20° 05' 30" W 1230.33 feet to a 2" pipe post found for an | ||
interior corner of said 1209.24 Acre Tract and the upper | ||
Northwest corner of said 3072.64 Acre Tract and of this tract; | ||
THENCE: Along a fence with the upper South line of said | ||
1209.24 Acre Tract, the South line of a 5611 Acre Tract (Volume | ||
365, Page 115, Deed Records) and the North line of said 3072.64 | ||
Acre Tract and of this tract as follows: | ||
N 68° 20' 52" E 277.73 feet to a 1/2" iron pin found by 10" | ||
cedar post for the upper Southeast corner of said 1209.24 Acre | ||
Tract, the upper Southwest corner of said 5611 Acre Tract, and an | ||
angle point of this tract; | ||
N 68° 26' 45" E 5079.62 feet to a 2" pipe post found for an | ||
angle point; | ||
S 86° 22' 04" E 411.00 feet to a 1/2" iron pin found by 6" | ||
cedar post for an interior corner of said 5611 Acre Tract and the | ||
upper Northeast corner of this tract; | ||
S 20° 51' 48" E 2076.49 feet to a 5/8" iron pin found by 3" | ||
pipe post for an exterior corner of said 5611 Acre Tract and an | ||
interior corner of this tract; | ||
N 69° 23' 59" E 1379.50 feet to a 3" pipe post found for an | ||
interior corner of said 5611 Acre Tract and an exterior corner of | ||
this tract; | ||
S 21° 50' 49" E 1736.87 feet to a 3" pipe post found for an | ||
angle point; | ||
S 20° 41' 55" E 1761.43 feet to a 3" pipe post found for the | ||
lower Southwest corner of said 5611 Acre Tract, an interior | ||
corner of said 3072.64 Acre Tract, an exterior corner of a | ||
1205.00 Acre Tract (this day surveyed), and an angle point of | ||
this tract; | ||
S 21° 05' 42" E 540.16 feet into said 3072.64 Acre Tract to | ||
a 5/8" iron pin set for an interior corner of said 1205.00 Acre | ||
Tract and the upper Southeast corner of this tract; | ||
THENCE: S 68° 43' 40" W 5320.62 feet to a 5/8" iron pin set | ||
for the Northwest corner of said 1205.00 Acre Tract and an | ||
interior corner of this tract; | ||
THENCE: S 21° 02' 32" E 5182.49 feet, at 2584.32 feet pass a | ||
5/8" iron pin set for an angle point of said 1205.00 Acre Tract | ||
and the upper Northwest corner of a 514.30 Acre Tract (this day | ||
surveyed), continuing to a 5/8" iron pin set for an interior | ||
corner of said 514.30 Acre Tract and an exterior corner of this | ||
tract; | ||
THENCE: S 68° 57' 28" W 1870.94 feet to a 5/8" iron pin set | ||
for the lower Northwest corner of said 514.30 Acre Tract and the | ||
lower Southwest corner of this tract; | ||
THENCE: N 20° 44' 59" W 1603.97 feet along a fence with the | ||
East line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458, | ||
Page 859, Deed Records) and the West line of Survey No. 21 to a | ||
1/2" iron pin found by 10" cedar post for the Northeast corner of | ||
Survey No. 13 and said 195.5 Acre Tract, the Southeast corner of | ||
Abstract No. 358, and an interior corner of said 3072.64 Acre | ||
Tract and of this tract; | ||
THENCE: S 68° 20' 05" W 3102.03 feet along a fence with the | ||
North line of Survey No. 13 and the South line of Abstract | ||
No. 358 to a 6" cedar post found for an exterior corner of said | ||
3072.64 Acre Tract and of this tract; | ||
THENCE: Along a fence with the East line of said county | ||
road and a West line of said 3072.64 Acre Tract and of this tract | ||
passing 2" pipe posts found as follows: | ||
N 32° 07' 47" W 379.77 feet to an angle point; | ||
N 33° 01' 44" W 321.50 feet to an angle point; | ||
N 50° 45' 25" W 315.12 feet to an angle point; | ||
N 41° 41' 33" W 368.36 feet to an angle point; | ||
N 17° 54' 39" W 267.13 feet to an angle point; | ||
N 22° 26' 20" W 168.35 feet to an angle point; | ||
N 46° 44' 55" W 100.13 feet to an angle point; | ||
N 71° 41' 21" W 102.15 feet to an angle point; | ||
N 81° 36' 11" W 539.79 feet to the POINT OF BEGINNING. | ||
(b) BEGINNING: At a 5/8" iron pin set under fence in the | ||
West line of a 673.33 Acre Tract (Document #2021159264, Official | ||
Public Records) and the lower East line of said 3072.64 Acre | ||
Tract for the lower Southeast corner of a 1205.00 Acre Tract | ||
(this day surveyed) and the lower Northeast corner of this tract | ||
from which a 1/2" iron pin found for an angle point of said | ||
1205.00 Acre Tract bears N 20° 43' 12med" W 159.01 feet; | ||
THENCE: Along a fence with the West line of said 673.33 | ||
Acre Tract and the lower East line of said 3072.64 Acre Tract and | ||
of this tract as follows: | ||
S 20° 43' 10" E 519.72 feet to a 1/2" iron pin found for an | ||
angle point; | ||
S 12° 01' 50" E 291.83 feet to a 5/8" iron pin found for an | ||
interior corner of said 673.33 Acre Tract, an exterior corner of | ||
said 3072.64 Acre Tract, and the upper Southeast corner of this | ||
tract; | ||
THENCE: Along a fence with the North line of Survey No. 20, | ||
the lower North line of said 673.33 Acre Tract, and the North line | ||
of a 30-foot Nature Trail of Spear's Ranch on Salado Creek | ||
Section One (Cabinet T, Slides 209 thru 223, Plat Records), and | ||
the South line of Survey No. 21, and a South line of this tract as | ||
follows: | ||
S 69° 56' 54" W 252.66 feet to a 1/2" iron pin found by 3" | ||
pipe post for the lower Northwest corner of said 673.33 Acre | ||
Tract, the Northeast corner of said nature trail, and an angle | ||
point of this tract; | ||
S 69° 04' 11" W 416.61 feet to an angle point; | ||
S 69° 08' 40" W 1831.06 feet to an angle point; | ||
S 68° 48' 01" W 760.40 feet to an angle point; | ||
S 67° 55' 49" W 1390.64 feet to an angle point; | ||
S 69° 24' 50" W 1554.14 feet to a 2" pipe post found for the | ||
Northwest corner of said nature trail, the Northeast corner of | ||
said 67.66 Acre Tract, and an interior corner of this tract; | ||
THENCE: Along a fence with the West line of said nature | ||
trail, the East line of said 67.66 Acre Tract, and the lower East | ||
line of this tract as follows: | ||
S 02° 25' 02" E 30.04 feet to a 1/2" iron pin found by 26" | ||
Live Oak tree for an angle point; | ||
S 26° 21' 04" E 218.30 feet to a 3/8" iron pin found for an | ||
angle point; | ||
S 26° 19' 50" E 456.50 feet to a 3/8" iron pin found by 16" | ||
Live Oak tree for an angle point; | ||
S 25° 01' 14" E 305.56 feet to an 18" Oak tree found for an | ||
angle point; | ||
S 21° 39' 46" E 165.35 feet to a 3/8" iron pin found for an | ||
angle point; | ||
S 16° 12' 10" E 339.66 feet to an 18" Cedar tree found for an | ||
angle point; | ||
S 14° 12' 03" E 533.49 feet to a 1/2" iron pin found by 18" | ||
Oak tree for an angle point; | ||
S 19° 05' 16" E 202.66 feet to a 3/8" iron pin found by 12" | ||
Live Oak for an angle point; | ||
S 14° 09' 26" E 650.74 feet to a 3/8" iron pin found by 4" | ||
cedar post for an angle point; | ||
S 15° 16' 20" E 383.91 feet to a 10" cedar post found for the | ||
Northeast corner of the remainder of a 2161.001 Acre Tract | ||
(Document #2000028918, Official Public Records), the Southeast | ||
corner of said 67.66 Acre Tract, and the lower Southeast corner | ||
of this tract; | ||
THENCE: S 71° 03' 19" W 770.90 feet along a fence to a 1/2" | ||
iron pin found by 10" creosote post for the Northwest corner of | ||
the remainder of said 2161.001 Acre Tract, the Southwest corner | ||
of said 67.66 Acre Tract, and the lower Southwest corner of this | ||
tract; | ||
THENCE: N 21° 37' 35" W 1396.02 feet along a fence with the | ||
East line of Survey No. 13 and a 106.95 Acre Tract (Volume 2255, | ||
Page 742, Official Public Records) and the West line of Survey | ||
No. 20 to a 1/2" iron pin found by 8" creosote post for the | ||
Northeast corner of said 106.95 Acre Tract, an angle point of | ||
said 67.66 Acre Tract, an exterior corner of said 3072.64 Acre | ||
Tract, and an interior corner of this tract; | ||
THENCE: Along a fence with the North line of said 106.95 | ||
Acre Tract and a South line of said 3072.64 Acre Tract and of this | ||
tract as follows: | ||
S 68° 18' 48" W 1267.81 feet to a 1/2" iron pin found for an | ||
angle point; | ||
S 76° 37' 01" W 136.62 feet to a 40D nail found by Elm for an | ||
angle point; | ||
S 83° 29' 14" W 102.48 feet to a 40D nail found by Elm for an | ||
angle point; | ||
N 61° 35' 19" W 10.73 feet to a 6" cedar post found for an | ||
angle point; | ||
N 87° 05' 38" W 119.71 feet to a 1/2" iron pin found by 2" | ||
pipe post for an angle point; | ||
S 06° 13' 12" E 175.36 feet to a 1/2" iron pin found by 2" | ||
pipe post for an angle point; | ||
S 56° 36' 48" W 75.04 feet to a 1/2" iron pin found for an | ||
angle point; | ||
S 44° 41' 09" W 113.47 feet to a 2" pipe post found for an | ||
angle point; | ||
S 42° 07' 36" W 152.96 feet to a 5/8" iron pin set for the | ||
Northwest corner of said 106.95 Acre Tract and an exterior corner | ||
of said 3072.64 Acre Tract and of this tract; | ||
THENCE: Along a fence with the East line of County Road 232 | ||
and a West line of said 3072.64 Acre Tract and of this tract as | ||
follows: | ||
N 19° 17' 35" E 134.40 feet to an angle point; | ||
N 24° 00' 25" W 138.58 feet to an angle point; | ||
N 38° 19' 18" W 658.87 feet to a 1/2" iron pin found by 2" | ||
pipe post for an angle point; | ||
N 39° 31' 29" W 250.06 feet, at 51.76 feet pass the South | ||
terminus of a 50-foot Road Easement (this day surveyed), | ||
continuing to an angle point; | ||
N 44° 04' 25" W 261.31 feet to an angle point; | ||
N 44° 10' 37" W 593.32 feet to a 2" pipe post found for an | ||
angle point; | ||
N 14° 32' 04" W 211.93 feet to an angle point; | ||
N 04° 30' 47" W 470.65 feet to a 1/2" iron pin found in the | ||
South line of a 195.5 Acre Tract (Volume 2458, Page 859, Deed | ||
Records) and an exterior corner of said 3072.64 Acre Tract and of | ||
this tract; | ||
THENCE: N 68° 15' 37" E 2341.32 feet along a fence to a 10" | ||
cedar post found for the Southeast corner of said 195.5 Acre | ||
Tract and an interior corner of said 3072.64 Acre Tract and of | ||
this tract; | ||
THENCE: N 20° 44' 59" W 702.86 feet along a fence with the | ||
East line of Survey No. 13 and said 195.5 Acre Tract and the West | ||
line of Survey No. 21 and said 3072.64 Acre Tract to a 5/8" iron | ||
pin set for an exterior corner of a 1419.57 Acre Tract (this day | ||
surveyed) and the lower Northwest corner of this tract; | ||
THENCE: Crossing said 3072.64 Acre Tract with the North | ||
line of this tract as follows: | ||
N 68° 57' 28" E 1870.94 feet to a 5/8" iron pin set for the | ||
lower Southeast corner of said 1419.57 Acre Tract and an interior | ||
corner of this tract; | ||
N 21° 02' 32" W 2598.17 feet with the lower East line of | ||
said 1419.57 Acre Tract to a 5/8" iron pin set for an angle point | ||
of said 1205.00 Acre Tract and the upper Northwest corner of this | ||
tract; | ||
Continuing with the North line of this tract and the South | ||
line of said 1205.00 Acre Tract as follows: | ||
S 64° 48' 25" E 1376.79 feet, at 618.20 feet pass the North | ||
terminus of said road easement, continuing to a 5/8" iron pin set | ||
for an angle point; | ||
N 72° 00' 34" E 2659.37 feet to a 5/8" iron pin set for an | ||
interior corner of said 1205.00 Acre Tract and the upper | ||
Northeast corner of this tract; | ||
S 20° 22' 11" E 1911.75 feet to a 5/8" iron pin set for the | ||
Southwest corner of said 1205.00 Acre Tract and an interior | ||
corner of this tract; | ||
N 67° 49' 03" E 1727.05 feet to the POINT OF BEGINNING. | ||
(c) BEGINNING: At a 1/2" iron pin found in the West line | ||
of County Road 232 and the South line of a 195.5 Acre Tract | ||
(Volume 2458, Page 859, Deed Records) for the Northeast corner of | ||
this tract from which a 1/2" iron pin found in the East line of | ||
said county road for an exterior corner of a 514.30 Acre Tract | ||
(this day surveyed) bears N 68° 50' 18" E 54.24 feet; | ||
THENCE: With the West line of said road and the East line | ||
of this tract passing 1/2" iron pins found as follows: | ||
S 04° 49' 16" E 455.90 feet to an angle point; | ||
S 14° 52' 48" E 238.88 feet to an angle point; | ||
S 44° 15' 55" E 602.34 feet to an angle point; | ||
S 44° 13' 37" E 256.82 feet to an angle point; | ||
S 39° 27' 01" E 248.02 feet to an angle point; | ||
S 38° 18' 33" E 658.46 feet to an angle point; | ||
S 24° 31' 17" E 109.18 feet to a 1/2" iron pin found for the | ||
Southeast corner of this tract; | ||
THENCE: With the North line of said county road and the | ||
South line of this tract as follows: | ||
S 18° 59' 07" W 95.53 feet to a 5/8" iron pin set for an | ||
angle point; | ||
S 44° 19' 36" W 271.53 feet to a 5/8" iron pin set for an | ||
angle point; | ||
S 43° 01' 41" W 369.83 feet to a 1/2" iron pin found for an | ||
angle point; | ||
S 42° 33' 02" W 219.62 feet to a 1/2" iron pin found for an | ||
angle point; | ||
S 04° 07' 18" W 76.42 feet to a 5/8" iron pin set for an | ||
angle point; | ||
S 37° 56' 47" W 139.57 feet, at 79.09 feet pass a found 2" | ||
pipe post, continuing to the Southwest corner of this tract; | ||
THENCE: Along the center of North Salado Creek with the | ||
East line of a 12.00 Acre Tract (Document #2020075231, Official | ||
Public Records) and a 124.74 Acre Tract (Document #2016095553, | ||
Official Public Records) and the West line of this tract as | ||
follows: | ||
N 41° 03' 59" W 131.42 feet to an angle point; | ||
N 11° 53' 19" W 40.63 feet to an angle point; | ||
N 76° 36' 27" W 45.17 feet to an angle point; | ||
N 30° 48' 05" W 126.68 feet to an angle point; | ||
N 78° 57' 33" W 87.41 feet to an angle point; | ||
N 12° 44' 59" E 79.02 feet to an angle point; | ||
N 11° 00' 13" W 73.47 feet to an angle point; | ||
S 88° 36' 10" W 82.16 feet to an angle point; | ||
N 66° 02' 15" W 98.65 feet to an angle point; | ||
N 06° 27' 32" W 106.86 feet to an angle point; | ||
N 30° 17' 17" E 145.33 feet to an angle point; | ||
N 03° 28' 06" W 75.42 feet to an angle point; | ||
N 37° 44' 59" W 146.89 feet to an angle point; | ||
N 63° 26' 06" W 145.44 feet to an angle point; | ||
N 38° 31' 49" W 136.06 feet to an angle point; | ||
N 12° 39' 09" W 86.38 feet to an angle point; | ||
N 04° 05' 08" W 70.68 feet to an angle point; | ||
S 86° 18' 31" W 52.15 feet to an angle point; | ||
N 76° 52' 51" W 106.01 feet to an angle point; | ||
N 12° 38' 00" W 83.15 feet to an angle point; | ||
N 23° 29' 55" W 105.25 feet to an angle point; | ||
N 10° 37' 11" E 136.64 feet to an angle point; | ||
N 04° 47' 52" W 86.56 feet to an angle point; | ||
N 34° 45' 21" W 139.44 feet to an angle point; | ||
N 06° 54' 40" W 77.72 feet to an angle point; | ||
N 17° 40' 47" E 51.12 feet to an angle point; | ||
N 52° 40' 44" E 193.31 feet to an angle point; | ||
N 18° 45' 31" E 85.20 feet to an angle point; | ||
N 23° 41' 26" W 105.23 feet to an angle point; | ||
N 86° 35' 59" W 152.93 feet to an angle point; | ||
N 60° 31' 27" W 77.06 feet to an angle point; | ||
N 30° 15' 23" W 81.04 feet to an angle point; | ||
N 67° 37' 12" W 107.25 feet to an angle point; | ||
S 79° 56' 22" W 183.67 feet to an angle point; | ||
N 73° 48' 39" W 94.15 feet to an angle point; | ||
S 88° 10' 54" W 91.93 feet to an angle point; | ||
N 53° 44' 46" W 180.85 feet to an angle point; | ||
N 74° 50' 45" W 120.88 feet to an angle point; | ||
N 39° 12' 26" W 60.40 feet to the Southwest corner of said | ||
195.5 Acre Tract and the Northwest corner of this tract; | ||
THENCE: N 68° 20' 39" E 1386.29 feet with the South line of | ||
said 195.5 Acre Tract, at 19.37 feet pass a found 12" Pecan stump, | ||
continuing along a fence to the POINT OF BEGINNING. | ||
(d) BEGINNING: At a 2" pipe post found in the South line | ||
of County Road 232 and the lower East line of a 649.53 Acre Tract | ||
(Document # #2004074055, Official Public Records, described in | ||
Volume 2520, Page 200 and Volume 2598, Page 457, Official Public | ||
Records) for the Northwest corner of this tract from which a 2" | ||
pipe post found in the North line of said county road for the | ||
upper Southwest corner of a 1419.57 Acre Tract (this day | ||
surveyed) bears N 00° 18' 48" E 56.15 feet; | ||
THENCE: Along a fence with the South and West line of said | ||
county road and the North and East line of this tract as follows: | ||
S 83° 15' 32" E 491.41 feet to a 6" cedar post found for an | ||
angle point; | ||
S 71° 41' 57" E 76.53 feet to a 6" cedar post found for an | ||
angle point; | ||
S 48° 56' 34" E 139.44 feet to a 6" cedar post found for an | ||
angle point; | ||
S 19° 57' 48" E 414.71 feet to a 5" cedar post found for an | ||
angle point; | ||
S 41° 43' 21" E 317.47 feet to a 5" cedar post found for an | ||
angle point; | ||
S 49° 16' 01" E 370.58 feet to a 6" cedar post found for an | ||
angle point; | ||
S 32° 42' 02" E 683.73 feet to a 2" pipe post found for the | ||
Southeast corner of this tract; | ||
THENCE: S 68° 22' 29" W 1256.52 feet along a fence with the | ||
North line of Survey No. 13 and a 195.5 Acre Tract (Volume 2458, | ||
Page 859, Deed Records) and the South line of Abstract No. 358, | ||
at 1209.80 feet pass a 1/2" iron pin found by 14" Elm, continuing | ||
without fence to the Northwest corner of said 195.5 Acre Tract | ||
and the lower Southwest corner of this tract; | ||
THENCE: Along the center of North Salado Creek with the | ||
North line of a 61.80 Acre Tract (Document #2010063430, Official | ||
Public Records) and the South line of this tract as follows: | ||
N 02° 31' 01" W 103.87 feet to an angle point; | ||
N 52° 32' 58" W 74.50 feet to an angle point; | ||
N 84° 29' 40" W 104.92 feet to an angle point; | ||
S 85° 34' 16" W 152.08 feet to an angle point; | ||
N 80° 01' 20" W 218.89 feet to the lower Southeast corner of | ||
said 649.53 Acre Tract and the Southwest corner of this tract; | ||
THENCE: With the lower East line of said 649.53 Acre Tract | ||
and the West line of this tract as follows: | ||
N 04° 31' 03" E 649.14 feet, at 72.82 feet pass a found 2" | ||
pipe post, continuing along a fence to a 12" cedar post found for | ||
an angle point; | ||
N 02° 28' 22" E 641.86 feet along a fence to a 2" pipe post | ||
found for an angle point; | ||
N 04° 10' 33" W 608.21 feet along a fence to the POINT OF | ||
BEGINNING. | ||
(c) If the Act enacting this section does not receive a | ||
two-thirds vote of all the members elected to each house, | ||
Subchapter C, Chapter 7962, Special District Local Laws Code, as | ||
added by Subsection (a) of this section, is amended by adding | ||
Section 7962.0308 to read as follows: | ||
Sec. 7962.0308. NO EMINENT DOMAIN POWER. The district | ||
may not exercise the power of eminent domain. | ||
(d) Subsection (c) of 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 6. (a) Subtitle F, Title 6, Special District | ||
Local Laws Code, is amended by adding Chapter 8010A to read as | ||
follows: | ||
CHAPTER 8010A. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT | ||
NO. 49 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8010A.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 Williamson County | ||
Municipal Utility District No. 49. | ||
Sec. 8010A.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article | ||
XVI, Texas Constitution. | ||
Sec. 8010A.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. 8010A.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8010A.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. 8010A.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. 8010A.0106. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 6(b) of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section | ||
6(b) 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. 8010A.0201. GOVERNING BODY; TERMS. (a) The | ||
district is governed by a board of five elected directors. | ||
(b) Except as provided by Section 8010A.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8010A.0202. TEMPORARY DIRECTORS. (a) The | ||
temporary board consists of: | ||
(1) Mark Tickner; | ||
(2) Nick Easley; | ||
(3) Walter Duke; | ||
(4) Zachary Summers; and | ||
(5) Noah Terrazas. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8010A.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 8010A.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 8010A.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. 8010A.0301. GENERAL POWERS AND DUTIES. The | ||
district has the powers and duties necessary to accomplish the | ||
purposes for which the district is created. | ||
Sec. 8010A.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. 8010A.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. 8010A.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. 8010A.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. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8010A.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 | ||
8010A.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. 8010A.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8010A.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. 8010A.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. 8010A.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. 8010A.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. 8010A.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. | ||
(b) The Williamson County Municipal Utility District | ||
No. 49 initially includes all the territory contained in the | ||
following area: | ||
TRACT 1: | ||
A 59.891 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS | ||
SURVEY, SECTION NO. 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY, | ||
TEXAS, BEING OUT OF A CALLED 60.57 ACRE TRACT CONVEYED TO LETTS | ||
FAMILY TRUST BY INSTRUMENT RECORDED IN VOLUME 528, PAGE 376 OF | ||
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS A 59.891 ACRE TRACT | ||
OF LAND SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO. 23, | ||
ABSTRACT NO. 172, IN WILLIAMSON COUNTY, TEXAS, BEING OUT OF A | ||
CALLED 60.57 ACRE TRACT CONVEYED TO LETTS FAMILY TRUST BY | ||
INSTRUMENT RECORDED IN VOLUME 528, PAGE 376 OF THE DEED RECORDS | ||
OF WILLIAMSON COUNTY, TEXAS. SAID 59.891 ACRE TRACT BEING MORE | ||
FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE TEXAS | ||
COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH | ||
AMERICAN DATUM OF 1983 NAD 83 (NA2011) EPOCH 2010.00.: | ||
BEGINNING at a 1/2" iron rod found in the west right-of-way | ||
line of County Road 308, said point being the northeast corner of | ||
said 60.57-acre tract, for the northeast corner and POINT OF | ||
BEGINNING hereof; | ||
THENCE S 20°52'36" E, with the west right-of-way line of | ||
said County Road 308, same being the east boundary line of said | ||
60.57-acre tract, a distance of 2045.72 feet to a 1/2" iron rod | ||
with yellow cap marked "Pape-Dawson" set in the north | ||
right-of-way line of County Road 305, same being the north | ||
boundary line of a called 0.5039 acre tract of land conveyed to | ||
Williamson County, Texas by instrument recorded in Document | ||
No. 9820041 of the Official Public Records of said County, for | ||
the southeast corner hereof; | ||
THENCE S 68°212'37" W, with the north boundary line of said | ||
0.5039-acre tract, same being the north right-of-way line of said | ||
County Road 305, through the interior of said 60.57-acre tract, a | ||
distance of 1258.78 feet to a 1/2" iron rod found on a point in | ||
the east boundary line of a called 3.92-acre tract of land | ||
conveyed to Gary R. Sheley and Rosita R. Sheley, by instrument | ||
recorded in Document No. 2009090657 of said Official Public | ||
Records, same being the west boundary line of said 60.57-acre | ||
tract, for the southwest corner hereof; | ||
THENCE N 21°39'56" W, departing the north right-of-way line | ||
of said County Road 305, with, in part, the east boundary lines | ||
of: said 3.92-acre tract, a called 10.00-acre tract of land | ||
conveyed to Dudley K. Bukowsky and Tami Bukowsky by instrument | ||
recorded in Document No. 2008016420 of said Official Public | ||
Records, Lot 5, Bukowsky Subdivision, recorded in Document | ||
No. 2019064044 of said Official Public Records, a called | ||
10.51-acre tract of land conveyed to Kerry Conaway, Jr., by | ||
instrument recorded in Document No. 2006005509 of said Official | ||
Public Records and a called 10.51-acre tract of land conveyed to | ||
Darral Henderson and Elaine Henderson by instrument recorded in | ||
Document No. 2006032860 of said Official Public Records, a | ||
distance of 2053.57 feet to a 1/2" iron rod with yellow cap marked | ||
"Pape-Dawson" set, for the southwest corner of a called | ||
60.99-acre tract of land conveyed to Wayne E. Cavalier and Cyndi | ||
Pietan Cavalier, by instrument recorded in Document | ||
No. 2012099245 of said Official Public Records, for the | ||
northwest corner hereof; | ||
THENCE N 68°48'58" E, with the south boundary line of said | ||
60.99-acre tract, same being the north boundary line of said | ||
60.57-acre tract, a distance of 1286.98 feet to the POINT OF | ||
BEGINNING and containing 59.891 acres of land in Williamson | ||
County, Texas. Said tract being described in accordance with a | ||
survey prepared by Pape Dawson Engineers, Inc. under Job | ||
No. 51303-00. | ||
TRACT 2: | ||
A 110.720 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS | ||
SURVEY, SECTION NO. 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY, | ||
TEXAS. BEING ALL OF A CALLED 113 ACRE TRACT CONVEYED TO LETTS | ||
FAMILY TRUST BY INSTRUMENT RECORDED IN VOLUME 486, PAGE 442 OF | ||
THE DEED RECORDS OF WILLIAMSON COUNTY, TEXAS, A 110.720 ACRE | ||
TRACT OF LAND SITUATED IN THE ELISHA DAVIS SURVEY, SECTION NO. | ||
23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY, TEXAS. BEING ALL OF A | ||
CALLED 113 ACRE TRACT CONVEYED TO LETTS FAMILY TRUST BY | ||
INSTRUMENT RECORDED IN VOLUME 486, PAGE 442 OF THE DEED RECORDS | ||
OF WILLIAMSON COUNTY, TEXAS, SAID 110.720 ACRE TRACT BEING MORE | ||
FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE TEXAS | ||
COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH | ||
AMERICAN DATUM OF 1983 NAD 83 (NA2011) EPOCH 2010.00.: | ||
BEGINNING at a 1/2" iron rod with yellow cap marked | ||
"Pape-Dawson" set in the east right-of-way line of County Road | ||
308, said point being the northwest corner of a called 169.5 acre | ||
tract of land conveyed to R.D. Hopper and Margaret Hopper Letts | ||
by instrument recorded in Volume 478, Page 349 of said Deed | ||
Records, same being the southwest corner of said 113 acre tract, | ||
for the southeast corner and POINT OF BEGINNING hereof; | ||
THENCE N 21°22'58" W, with the east right-of-way line of | ||
said County Road 308, same being the west boundary line of said | ||
113-acre tract, a distance of 2048.33 feet to a 5/8" iron rod | ||
found for the southwest corner of a called 17.0 acre tract of land | ||
conveyed to Gertrude Ann Braband by instrument recorded in | ||
Document No. 2016033164 of the Official Public Records of said | ||
County, same being the northwest corner of said 113-acre tract, | ||
for the northwest corner hereof; | ||
THENCE N 69°02'46" E, departing the east right-of-way line | ||
of said County Road 308, with the south boundary line of said 17.0 | ||
acre tract, same being the north boundary line of said 113 acre | ||
tract, for a distance of 1268.96 feet to a 5/8" iron rod found for | ||
the southeast corner of said 17.0 acre tract, same being an | ||
interior ell corner in said 113 acre tract, for an ell corner | ||
hereof; | ||
THENCE N 21°00'19" W, with the east boundary line of said | ||
17.0 acre tract, same being a west boundary line of said 113 acre | ||
tract, a distance of 582.80 feet to a 1/2" iron rod found for the | ||
southwest corner of a called 64.797 acre tract of land conveyed | ||
to Jose G. Garcia, by instrument recorded in Document | ||
No. 2017005987 of said Official Public records, same being the | ||
southeast corner of called 10.789 acre tract of land conveyed to | ||
the Belinda Ramsey Living Trust, by instrument recorded in | ||
Document No. 2019022035 of said Official Public Records, same | ||
being the northeast corner of said 17.0 acre tract, also being | ||
the northernmost northwest corner of said 113 acre tract, for the | ||
northernmost northwest hereof; | ||
THENCE N 68°21'45" E, with the south boundary line of said | ||
64.797 acre tract, same being the north boundary line of said 113 | ||
acre tract, a distance of 993.87 feet to a 1/2" iron rod found | ||
being the northwest corner of a called 177.5 acre tract of land | ||
conveyed to Charles D. Tonn and Ronald D. Tonn by instrument | ||
recorded in Document No. 9601061 of said Official Public | ||
Records, same being the north east corner of said 113-acre tract, | ||
for the northeast corner hereof: | ||
THENCE S 21°08'10" E, departing the south boundary line of | ||
said 64.797 acre tract, with the west boundary line of said 177.5 | ||
acre tract, same being the east boundary line of said 113 acre | ||
tract, a distance of 2244.92 feet to a 1/2" iron rod with yellow | ||
cap marked "Pape-Dawson" set in the north boundary line of said | ||
169.5 acre tract, said point being the southwest corner of said | ||
177.5 acre tract, same being the southeast corner of said 113 | ||
acre tract, for the southeast corner hereof; | ||
THENCE with the north boundary line of said 169.5 acre | ||
tract, same being the south boundary line of said 113 acre tract, | ||
the following three (3) courses and distances: | ||
1. S 68°41'10" W, a distance of 982.01 feet to a 1/2" iron | ||
rod with yellow cap marked "Pape-Dawson" set for an angle point | ||
hereof, | ||
2. S 21°25'27" E, a distance of 386.24 feet to a 1/2" iron | ||
rod with yellow cap marked "Pape-Dawson" set for an angle point | ||
hereof, and | ||
3. S 68°47'37" W, a distance of 1275.22 feet to the POINT | ||
OF BEGINNING and containing 110.720 acres of land in Williamson | ||
County, Texas. Said tract being described in accordance with a | ||
survey prepared by Pape Dawson Engineers, Inc. under Job | ||
No. 51303-00. | ||
TRACT 3: | ||
A 172.890 ACRE TRACT OF LAND SITUATED IN THE ELISHA DAVIS | ||
SURVEY, SECTION 23, ABSTRACT NO. 172, IN WILLIAMSON COUNTY, | ||
TEXAS, BEING ALL OF A CALLED 169.5 ACRE TRACT CONVEYED TO R.D. | ||
HOPPER AND MARGARET HOPPER LETT BY A 172.890 ACRE TRACT OF LAND | ||
SITUATED IN THE ELISHA DAVIS SURVEY, SECTION 23, ABSTRACT NO. | ||
172, IN WILLIAMSON COUNTY, TEXAS. BEING ALL OF A CALLED 169.5 | ||
ACRE TRACT CONVEYED TO R.D. HOPPER AND MARGARET HOPPER LETT BY | ||
INSTRUMENT RECORDED IN VOLUME 478, PAGE 349 OF THE DEED RECORDS | ||
OF WILLIAMSON COUNTY, TEXAS. SAID 172.890 ACRE TRACT BEING MORE | ||
FULLY DESCRIBED AS FOLLOWS, WITH BEARINGS BASED ON THE TEXAS | ||
COORDINATE SYSTEM ESTABLISHED FOR THE CENTRAL ZONE FROM THE NORTH | ||
AMERICAN DATUM OF 1983 NAD 83 (NA2011) EPOCH 2010.00.: | ||
COMMENCING at a 60D nail found in the north right-of-way | ||
line of County Road 305, same being the southeast corner of a | ||
called 0.58 acre tract of land conveyed to Dewey Roger Blackman | ||
by instrument recorded in Volume 742, Page 777 of said Deed | ||
Records, also being the southwest corner of a called 47.5 acre | ||
tract recorded in Volume 734, Page 931 of said Deed Records; | ||
THENCE S 68°58'06" W, departing the west boundary line of | ||
said 47.5 acre tract, with the north right-of-way line of said | ||
County Road 305, same being the south boundary line of said 0.58 | ||
acre tract, a distance of 110.09 feet to a 1/2" iron rod with | ||
yellow cap marked "Pape-Dawson" set on the southwest corner of | ||
said 0.58 acre tract, same being the southeast corner of said | ||
169.5 acre tract, for the southeast corner and POINT OF BEGINNING | ||
hereof; | ||
THENCE S 68°58'06" W, continuing with the north | ||
right-of-way line of said County Road 305, and in part, crossing | ||
through the right-of-way of County Road 308, same being the south | ||
boundary line of said 169.5-acre tract, a distance of 3188.95 | ||
feet to an 1/2" iron rod with yellow cap marked "Pape-Dawson" set | ||
for the southwest corner hereof; | ||
THENCE N 21°05'48" W, with the west boundary line of said | ||
169.5-acre tract, and in part, crossing through the right-of-way | ||
of said County Road 308, a distance of 2071.04 feet to a 1/2" iron | ||
rod with yellow cap marked "Pape-Dawson" set, being the southwest | ||
corner of a called 113 acre tract of land conveyed to the Letts | ||
Family Trust, by instrument recorded in Volume 486, Page 442 of | ||
said deed records, same being the northwest corner of said | ||
169.5-acre tract, for the northwest corner hereof, from which a | ||
5/8" iron rod found for the northwest corner of said 113 acre | ||
tract bears N 21°22'58" W, 2048.33 feet; | ||
THENCE departing the east right-of-way line of said County | ||
Road 308, with, in part, the south boundary line of said 113-acre | ||
tract and, in part, the south boundary line of a called 177.5 acre | ||
tract of land conveyed to Charles D. Tonn and Ronald D. Tonn by | ||
instrument recorded in Document No. 9601061 of the Official | ||
Public Records of said County, same being the north boundary line | ||
of said 169.5-acre tract, the following three (3) courses and | ||
distances: | ||
1. N 68°47'37" E, a distance of 1275.22 feet to a 1/2" iron | ||
rod with yellow cap marked "Pape-Dawson" set for an angle point | ||
hereof, | ||
2. N 21°25'27" W, a distance of 386.24 feet to a 1/2" iron | ||
rod with yellow cap marked "Pape-Dawson" set for an angle point | ||
hereof, and | ||
3. N 68°41'10" E, a distance of 2332.32 feet to a 1/2" iron | ||
rod with yellow cap marked "Pape-Dawson" set being the northeast | ||
corner of said 169.5-acre tract, for the northeast corner hereof; | ||
THENCE S 22°06'37" E, with the south boundary line of said | ||
177.5-acre tract, same being the east boundary line of said | ||
169.5-acre tract, a distance of 392.10 feet to a 1/2" iron rod | ||
with yellow cap marked "Pape-Dawson" set in the north boundary | ||
line of a called 50-acre tract of land conveyed to Cheryl A. | ||
Chamberlain, by instrument recorded in Document No. 2013019239 | ||
of the Official Public Records of said County, same being an | ||
angle point in the east boundary line of said 169.5-acre tract, | ||
for an angle point hereof; | ||
THENCE S 68°53'39" W, with the north boundary line of said | ||
50-acre tract, same being the east boundary line of said | ||
169.5-acre tract, a distance of 419.61 feet to a 1/2" iron rod | ||
with yellow cap marked "Pape-Dawson" set, being the northwest | ||
corner of said 50-acre tract, same being an angle point in the | ||
east boundary line of said 169.5-acre tract, for an angle point | ||
hereof; | ||
THENCE S 20°59'42" E, with, in part, the west boundary line | ||
of said 50-acre tract and, in part, the west boundary line of a | ||
called 47.5 acre tract of land conveyed to D.C. Blackman, by | ||
instrument recorded in Volume 734, Page 931 of said Deed Records | ||
and, in part, the west boundary line of the aforementioned | ||
0.58-acre tract, same being the east boundary line of said | ||
169.5-acre tract, a distance of 2080.08 feet to the POINT OF | ||
BEGINNING and containing 172.890 acres of land in Williamson | ||
County, Texas. Said tract being described in accordance with a | ||
survey prepared by Pape Dawson Engineers, Inc. under Job | ||
No. 51303-00. | ||
(c) If the Act enacting this section does not receive a | ||
two-thirds vote of all the members elected to each house, | ||
Subchapter C, Chapter 8010A, Special District Local Laws Code, as | ||
added by Subsection (a) of this section, is amended by adding | ||
Section 8010A.0306 to read as follows: | ||
Sec. 8010A.0306. NO EMINENT DOMAIN POWER. The district | ||
may not exercise the power of eminent domain. | ||
(d) Subsection (c) of 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 7. (a) The heading to Chapter 8221, Special | ||
District Local Laws Code, is amended to read as follows: | ||
CHAPTER 8221. WILLIAMSON COUNTY [ |
||
DISTRICT NO. 51 | ||
(b) Section 8221.001(3), Special District Local Laws | ||
Code, is amended to read as follows: | ||
(3) "District" means the Williamson County [ |
||
Municipal Utility District No. 51. | ||
(c) Section 8221.202, Special District Local Laws Code, | ||
is amended to read as follows: | ||
Sec. 8221.202. TAXES FOR BONDS AND OTHER OBLIGATIONS. At | ||
the time bonds or other obligations payable wholly or partly from | ||
ad valorem taxes are issued,[ |
||
[ |
||
imposition of [ |
||
without limit to the rate or amount of the tax while all or part | ||
of the bonds are outstanding as provided by Sections 54.601 and | ||
54.602, Water Code [ |
||
[ |
||
[ |
||
[ |
||
[ |
||
(d) The Williamson County Municipal Utility District | ||
No. 51 retains all the rights, powers, privileges, authority, | ||
duties, and functions that it had before the effective date of | ||
this Act. | ||
(e) The legislature validates and confirms all | ||
governmental acts and proceedings of the Williamson County | ||
Municipal Utility District No. 51 that were taken before the | ||
effective date of this Act. | ||
(f) The legislature validates and confirms all | ||
governmental acts and proceedings relating to the creation and | ||
the consent to the creation of the Williamson County Municipal | ||
Utility District No. 51. | ||
(g) Subsections (e) and (f) of this section do not apply | ||
to any matter that on the effective date of this Act: | ||
(1) is involved in litigation if the litigation | ||
ultimately results in the matter being held invalid by a final | ||
court judgment; or | ||
(2) has been held invalid by a final court judgment. | ||
SECTION 8. Sections 8221.003(b), 8221.105, 8221.106, | ||
8221.107, and 8221.108, Special District Local Laws Code, are | ||
repealed. | ||
SECTION 10. (a) Chapter 175, Local Government Code, as | ||
amended by this Act, applies according to its terms to all | ||
eligible persons who leave employment with a township on or after | ||
January 1, 2024. | ||
(b) A township that is required by Chapter 175, Local | ||
Government Code, as amended by this Act, to provide continued | ||
health benefits coverage but that is not allowed to provide the | ||
coverage under the terms of the township's existing group health | ||
plan shall ensure that the required continued health benefits | ||
coverage is provided for in any new plan that is adopted by the | ||
township on or after January 1, 2024, unless the township is | ||
exempted under Section 175.007, Local Government Code. | ||
Explanation: This change is necessary to: | ||
(1) allow a firefighter, police officer, or | ||
emergency services provider employed by certain townships to | ||
receive retirement benefits; | ||
(2) create certain special purpose districts; and | ||
(3) change the name and certain duties of the 3 B&J | ||
Municipal Utility District. | ||
(2) Senate Rule 12.03(1) is suspended to permit the | ||
committee to change, alter, or amend text not in disagreement in | ||
SECTION 5 of the bill, in added Sections 7968A.0106(a) and (b), | ||
Special District Local Laws Code, by striking "Section 2" and | ||
substituting "Section 5(b)". | ||
Explanation: This change is necessary to correct the | ||
cross-references. | ||
(3) Senate Rule 12.03(1) is suspended to permit the | ||
committee to change, alter, or amend text which is not in | ||
disagreement in proposed SECTIONS 9 and 11 of the bill, adding | ||
local notice and effective date language, to read as follows: | ||
SECTION 9. (a) The legal notice of the intention to file | ||
bills creating or affecting each district described by this Act, | ||
as applicable, 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 a copy of a bill to create or affect each | ||
applicable district described by this Act to the Texas Commission | ||
on Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has | ||
filed its recommendations relating to each bill to create or | ||
affect each applicable district described by 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 each bill to | ||
create or affect each applicable district described by this Act | ||
are fulfilled and accomplished. | ||
SECTION 11. (a) Except as provided by Subsection (b) of | ||
this section, 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. | ||
(b) Sections 1 and 10 of this Act take effect September 1, | ||
2023. | ||
Explanation: This change is necessary to comply with the | ||
constitutional requirements of publishing notice and to clarify | ||
the dates on which the Act takes effect. | ||
_______________________________ | ||
President of the Senate | ||
I hereby certify that the | ||
above Resolution was adopted by | ||
the Senate on May 28, 2023, by the | ||
following vote: Yeas 31, Nays 0. | ||
_______________________________ | ||
Secretary of the Senate |