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


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

Spectrum: Partisan Bill (Republican 2-0)

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

Download: Texas-2013-HB1354-Enrolled.html
 
 
  H.B. No. 1354
 
 
 
 
  relating to the creation of the Leander Hills Municipal Utility
  District of Williamson County; granting a limited power of eminent
  domain; providing authority to issue bonds; providing authority to
  impose assessments, fees, and taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 8417 to read as follows:
  CHAPTER 8417.  LEANDER HILLS MUNICIPAL UTILITY DISTRICT OF
  WILLIAMSON COUNTY
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8417.001.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Commission" means the Texas Commission on
  Environmental Quality.
               (3)  "Director" means a board member.
               (4)  "District" means the Leander Hills Municipal
  Utility District of Williamson County.
         Sec. 8417.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8417.003.  CONFIRMATION AND DIRECTORS' ELECTION
  REQUIRED.  The temporary directors shall hold an election to
  confirm the creation of the district and to elect five permanent
  directors as provided by Section 49.102, Water Code.
         Sec. 8417.004.  CONSENT OF MUNICIPALITY AND DEVELOPMENT
  AGREEMENT REQUIRED. The temporary directors may not hold an
  election under Section 8417.003 until each municipality in whose
  corporate limits or extraterritorial jurisdiction the district is
  located has:
               (1)  consented by ordinance or resolution to the
  creation of the district and to the inclusion of land in the
  district; and
               (2)  entered into a development agreement under Section
  212.172, Local Government Code, with the owners of the land
  described by Section 2 of the Act enacting this chapter.
         Sec. 8417.005.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)  
  The district is created to serve a public purpose and benefit.
         (b)  The district is created to accomplish the purposes of:
               (1)  a municipal utility district as provided by
  general law and Section 59, Article XVI, Texas Constitution; and
               (2)  Section 52, Article III, Texas Constitution, that
  relate to the construction, acquisition, improvement, operation,
  or maintenance of macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 8417.006.  INITIAL DISTRICT TERRITORY.  (a)  The
  district is initially composed of the territory described by
  Section 2 of the Act enacting this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act enacting this chapter form a closure.  A mistake made in the
  field notes or in copying the field notes in the legislative process
  does not affect the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bond for the purposes
  for which the district is created or to pay the principal of and
  interest on a bond;
               (3)  right to impose a tax; or
               (4)  legality or operation.
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8417.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8417.052, directors serve
  staggered four-year terms.
         Sec. 8417.052.  TEMPORARY DIRECTORS. (a)  On or after the
  effective date of the Act enacting this chapter, the owner or owners
  of a majority of the assessed value of the real property in the
  district may submit a petition to the commission requesting that
  the commission appoint as temporary directors the five persons
  named in the petition.  The commission shall appoint as temporary
  directors the five persons named in the petition.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8417.003; or
               (2)  the fourth anniversary of the effective date of
  the Act enacting this chapter.
         (c)  If permanent directors have not been elected under
  Section 8417.003 and the terms of the temporary directors have
  expired, successor temporary directors shall be appointed or
  reappointed as provided by Subsection (d) to serve terms that
  expire on the earlier of:
               (1)  the date permanent directors are elected under
  Section 8417.003; or
               (2)  the fourth anniversary of the date of the
  appointment or reappointment.
         (d)  If Subsection (c) applies, the owner or owners of a
  majority of the assessed value of the real property in the district
  may submit a petition to the commission requesting that the
  commission appoint as successor temporary directors the five
  persons named in the petition.  The commission shall appoint as
  successor temporary directors the five persons named in the
  petition.
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8417.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8417.102.  MUNICIPAL UTILITY DISTRICT POWERS AND
  DUTIES.  The district has the powers and duties provided by the
  general law of this state, including Chapters 49 and 54, Water Code,
  applicable to municipal utility districts created under Section 59,
  Article XVI, Texas Constitution.
         Sec. 8417.103.  AUTHORITY FOR ROAD PROJECTS. Under Section
  52, Article III, Texas Constitution, the district may design,
  acquire, construct, finance, issue bonds for, improve, operate,
  maintain, and convey to this state, a county, or a municipality for
  operation and maintenance macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 8417.104.  ROAD STANDARDS AND REQUIREMENTS. (a) A road
  project must meet all applicable construction standards, zoning and
  subdivision requirements, and regulations of each municipality in
  whose corporate limits or extraterritorial jurisdiction the road
  project is located.
         (b)  If a road project is not located in the corporate limits
  or extraterritorial jurisdiction of a municipality, the road
  project must meet all applicable construction standards,
  subdivision requirements, and regulations of each county in which
  the road project is located.
         (c)  If the state will maintain and operate the road, the
  Texas Transportation Commission must approve the plans and
  specifications of the road project.
         Sec. 8417.105.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
  OR RESOLUTION.  (a)  The district shall comply with all applicable
  requirements of any ordinance or resolution that is adopted under
  Section 54.016 or 54.0165, Water Code, and that consents to the
  creation of the district or to the inclusion of land in the
  district.
         (b)  In addition to all the rights and remedies provided by
  other law, if the district violates the terms of an ordinance or
  resolution described by Subsection (a), a municipality is entitled
  to injunctive relief or a writ of mandamus issued by a court
  requiring the district and the district's officials to observe and
  comply with the terms of the ordinance or resolution.
         Sec. 8417.106.  EFFECT OF ANNEXATION BY OR INCLUSION WITHIN
  THE CORPORATE BOUNDARIES OF THE CITY OF LEANDER. (a) The City of
  Leander may annex all of the district into its corporate limits
  under the terms of an agreement entered into before the effective
  date of the Act enacting this chapter between the city and the
  owners of the land being annexed, and, in that instance, the
  district may not be dissolved, except as provided by Subsection
  (b).
         (b)  The district may be dissolved and its debts and
  obligations assumed by the city in accordance with Chapter 43,
  Local Government Code, including Sections 43.075 and 43.0715, on
  completion of the construction of the water, sanitary sewer, and
  drainage improvements and roads required to serve at least 95
  percent of the land in the district.
         (c)  Notwithstanding Section 54.016(f)(2), Water Code, an
  agreement between the City of Leander and the district that
  provides for the allocation of the taxes or revenues of the district
  and the city following the date of inclusion of all the district's
  territory in the corporate limits of the city may provide that the
  total annual ad valorem taxes collected by the city and the district
  from taxable property in the district may exceed the city's ad
  valorem tax on that property.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8417.151.  ELECTIONS REGARDING TAXES OR BONDS. (a) The
  district may issue, without an election, bonds and other
  obligations secured by:
               (1)  revenue other than ad valorem taxes; or
               (2)  contract payments described by Section 8417.153.
         (b)  The district must hold an election in the manner
  provided by Chapters 49 and 54, Water Code, to obtain voter approval
  before the district may impose an ad valorem tax or issue bonds
  payable from ad valorem taxes.
         (c)  The district may not issue bonds payable from ad valorem
  taxes to finance a road project unless the issuance is approved by a
  vote of a two-thirds majority of the district voters voting at an
  election held for that purpose.
         Sec. 8417.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8417.151, the district
  may impose an operation and maintenance tax on taxable property in
  the district in accordance with Section 49.107, Water Code.
         (b)  The board shall determine the tax rate.  The rate may not
  exceed the rate approved at the election.
         Sec. 8417.153.  CONTRACT TAXES.  (a)  In accordance with
  Section 49.108, Water Code, the district may impose a tax other than
  an operation and maintenance tax and use the revenue derived from
  the tax to make payments under a contract after the provisions of
  the contract have been approved by a majority of the district voters
  voting at an election held for that purpose.
         (b)  A contract approved by the district voters may contain a
  provision stating that the contract may be modified or amended by
  the board without further voter approval.
  SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
         Sec. 8417.201.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS.  The district may issue bonds or other obligations
  payable wholly or partly from ad valorem taxes, impact fees,
  revenue, contract payments, grants, or other district money, or any
  combination of those sources, to pay for any authorized district
  purpose.
         Sec. 8417.202.  TAXES FOR BONDS. At the time the district
  issues bonds payable wholly or partly from ad valorem taxes, the
  board shall provide for the annual imposition of a continuing
  direct ad valorem tax, without limit as to rate or amount, while all
  or part of the bonds are outstanding as required and in the manner
  provided by Sections 54.601 and 54.602, Water Code.
         Sec. 8417.203.  BONDS FOR ROAD PROJECTS. At the time of
  issuance, the total principal amount of bonds or other obligations
  issued or incurred to finance road projects and payable from ad
  valorem taxes may not exceed one-fourth of the assessed value of the
  real property in the district.
         SECTION 2.  The Leander Hills Municipal Utility District of
  Williamson County initially includes all the territory contained in
  the following area:
         being a 145.26 acres of land situated in the talbot chambers
  survey, abstract no. 125, williamson county, Texas, being comprised
  of ALL OF THE CALLED 92.621 acre tract DESCRIBED IN DEED TO DENSFORD
  AVIATION SERVICES, INC. RECORDED IN Document Number 2009070195 OF
  THE Official Public Records of Williamson County, Texas
  (O.P.R.W.C.T.) AND ALL OF THE CALLED 52.640 acre tract PER METES AND
  BOUNDS DESCRIPTION prepared BY SHANE SHAFER R.P.L.S. NO. 5281 DATED
  APRIL 29, 2009; AND being more particularly DESCRIBED BY METES AND
  BOUNDS AS FOLLOWS:
         beginning at a found 1/2" iron rod on the south line of said
  52.640 acre tract, same being the northwest corner of Tract 2 of the
  Kittie Hill Acres a subdivision of record in Document Number
  8419185 of the O.P.R.W.C.T. and recorded in Cabinet F, Slide 45 of
  the Plat Records of Williamson County Texas (P.R.W.C.T.) and being
  the northeast corner of a called 13.320 acre tract conveyed to Jack
  Scott Bradley, Amy L. Bradley, and Brian Gregory Holmes as recorded
  in Document Number 2000068029 of the O.P.R.W.C.T.;
         THENCE South 68°56'56" West with the south line of said 52.640
  acre tract, the north line of said 13.320 acre Bradley tract, the
  north line of a called 13.320 acre tract conveyed to Brian Olson and
  Charity M. Olson, husband and wife, and Gregory Olson and Hattie E.
  Olson, husband and wife, as recorded in Document Number 2001071867
  of the O.P.R.W.C.T. and the north line of a called 13.371 acre tract
  conveyed to Charles Hoskins and Patricia Hoskins, husband and wife
  as recorded in Document Number 2002036263 of the O.P.R.W.C.T.,
  passing at a distance of 445.22 feet the northwest corner of said
  13.320 acre Bradley tract and the northeast corner of said 13.320
  acre Olson Tract an continuing a total distance of 1332.94 feet to a
  found 1/2" iron rod for the southwest corner of said 52.640 acre
  tract, the northwest corner of said 13.371 acre tract, and being on
  the east line on a called 5.412 acre tract conveyed to Larry G.
  Miller and wife, Leslie M. Miller as recorded in Volume 2041, Page
  124 of the Deed Records of Williamson County, Texas (D.R.W.C.T);
         THENCE North 21°52'40" West with the west line of said 52.640
  acre tract and the east line of said 5.412 acre tract a distance of
  196.23 feet to a found 1/2" iron rod for the northeast corner of
  said 5.412 acre tract, and the southeast corner of a called 19.99
  acre tract conveyed to Mila J. Milliorn recorded in Document Number
  2006050300 of the O.P.R.W.C.T;
         THENCE with the west line of said 52.640 acre tract and the
  east line of said 19.99 acre tract, the following five (5) courses;
         (1)  North 19°41'08" West a distance of 62.72 feet to a found
  1/2" iron rod;
         (2)  North 43°25'16" East a distance of 17.20 feet to a found
  1/2" iron rod;
         (3)  North 22°58'31" West a distance of 160.69 feet to a 60D
  nail found in the west side of a 12" Live Oak tree;
         (4)  North 19°52'01" West a distance of 443.14 feet to a 40D
  nail found;
         (5)  North 20°50'38" West a distance of 370.34 feet to a found
  1/2" iron rod for the northeast corner of said 19.99 acre tract, and
  the southeast corner of a called 1.00 acre tract conveyed to Barbara
  E. Bratton described in Exhibit "B" document recorded in Volume
  2722, Page 551 of the D.R.W.C.T.;
         THENCE North 20°51'23" West with the west line of said 52.640
  acre tract and the east line of said Exhibit "B" tract a distance of
  208.65 feet to a found 1/2" iron rod for the northeast corner of
  said Exhibit "B" tract, and being at an angle point in of a 12.40
  acre tract conveyed to Barbara E. Bratton described in Exhibit "A"
  document recorded in Volume 2722, Page 551 of the D.R.W.C.T.;
         THENCE with the west line of said 52.640 acre tract and the
  east line of said Exhibit "A" tract, the following two (2) courses:
         (1)  North 20°36'15" West a distance of 361.45 feet to a 40D
  nail;
         (2)  North 22°06'13" West a distance of 313.49 feet to a 40D
  nail found for the northwest corner of said 92.621 acre tract;
         THENCE with the west line of said 92.621 acre tract and the
  east line of said Exhibit "A" tract, the following two (2) courses:
         1.  North 16°45'36" West a distance of 74.85 feet to a 40D
  nail found in the north side of a 14" Live Oak tree;
         2.  North 22°32'12" West a distance of 105.96 feet to a found
  iron rod with plastic cap stamped "DIAMOND SURVEYING" for the
  northwest corner of said 92.621 acre tract, the northeast corner of
  said 12.40 acre tract, and in the south line of the called 226 acre
  tract conveyed to Lawrence Virgil Toungate and wife, Louise M.
  Toungate as described in Volume 922, Page 878 of the D.R.W.C.T);
         THENCE with the north line of said 92.621 acre tract and said
  south line of said 226 acre tract, the following two (2) courses:
         (1)  North 69°16'48" East a distance of 509.14 feet to a 40D
  nail found;
         (2)  North 68°42'17" East a distance of 1439.28 feet to a
  found 4" square concrete monument for the southwest corner of a
  called 100.16 acre tract conveyed to Huie H. Lamb, Jr., as described
  in Volume 2323, Page 739 of the O.P.R.W.C.T., and the southeast
  corner of said 226 acre tract;
         THENCE with the north line of said 92.621 acre tract and the
  south line of said 100.16 acre tract, the following two (2) courses:
         (1)  THENCE North 69°03'28" East a distance of 946.84 feet to
  a nail found in the south side of a 12" Cedar tree;
         (2)  THENCE North 74°03'27" East a distance of 84.55 feet to a
  found 4" square concrete monument for the southeast corner of said
  100.16 acre tract, and same the southwest corner of a called 9.53
  acre tract of land conveyed to Parmer 274 Investments, LLC as
  described in Document Number 2012041079 of the O.P.R.W.C.T.;
         THENCE with the north line of said 92.621 acre tract and said
  south line of said 9.53 acre tract, the following eleven (11)
  courses:
         (1)  South 86°58'08" East a distance of 77.96 feet to a found
  1/2" iron rod;
         (2)  North 62°48'33" East a distance of 45.79 feet to a 40D
  nail found in root of 12" Cedar tree;
         (3)  North 72°05'13" East a distance of 17.47 feet to a 40D
  nail found in 10" Cedar tree;
         (4)  North 80°39'55" East a distance of 23.31 feet to a 60D
  nail found in base of fence post;
         (5)  North 81°41'28" East a distance of 168.82 feet to a 60D
  nail found in 12" Cedar tree;
         (6)  North 60°56'49" East a distance of 39.32 feet to a 40D
  nail found;
         (7)  North 57°46'48" East a distance of 64.79 feet to a 60D
  nail found in 12" Cedar tree;
         (8)  North 65°38'37" East a distance of 30.84 feet to a 60D
  nail found in 30" Live Oak tree;
         (9)  North 68°16'06" East a distance of 158.61 feet to a 40D
  nail found;
         (10)  North 68°25'55" East a distance of 127.34 feet to a 60D
  nail found in 10" Cedar tree;
         (11)  North 72°46'46" East a distance of 108.25 feet to a
  found iron rod with plastic cap stamped "DIAMOND SURVEYING" for the
  northeast corner of said 92.621 acre tract, and in the existing west
  right-of-way line of Ronald Reagan Boulevard (right-of-way width
  varies);
         THENCE with the existing west right-of-way line of Ronald
  Reagan Boulevard, and the east line of said 92.621 acre tract, the
  following five (5) courses and distances:
         (1)  South 27°36'23" East a distance of 96.46 feet to a found
  iron rod with plastic cap stamped "DIAMOND SURVEYING";
         (2)  South 15°07'44" East a distance of 55.83 feet to a set
  1/2" iron rod with cap marked "LANDESIGN";
         (3)  South 01°20'00" East a distance of 356.82 feet to a found
  iron rod with plastic cap stamped "DIAMOND SURVEYING";
         (4)  South 10°10'14" East a distance of 100.76 feet to a found
  iron rod with plastic cap stamped "DIAMOND SURVEYING";
         (5)  South 23°56'30" East a distance of 432.73 feet to a found
  1/2" iron rod for the southeast corner of said 92.621 acre tract,
  and being on the north line of a called 57.07 acre tract conveyed to
  MP52 as recorded in Document Number 2012055771 of the O.P.R.W.C.T.;
         THENCE with the south line of said 92.621 acre tract and the
  north line of said 57.07 acre tract, the following twelve (12)
  course and distances:
         (1)  South 81°39'46" West a distance for of 531.74 feet to a
  found iron rod with plastic cap stamped "DIAMOND SURVEYING";
         (2)  South 81°17'07" West a distance of 639.06 feet to a metal
  fence corner post;
         (3)  South 09°38'31" East a distance of 164.03 feet to a found
  1/2" iron rod;
         (4)  South 80°18'44" West a distance of 586.19 feet to a found
  1/2" iron rod;
         (5)  South 09°17'01" East a distance of 36.68 feet to a found
  1/2" iron rod;
         (6)  South 68°47'48" West a distance of 142.01 feet to a found
  1/2" iron rod;
         (7)  South 00°28'08" East a distance of 272.60 feet to a found
  1/2" iron rod;
         (8)  South 59°00'22" East a distance of 567.45 feet to a metal
  fence post;
         (9)  South 31°41'25" West a distance of 74.76 feet to a found
  1/2" iron rod;
         (10)  South 56°38'19" East a distance of 741.46 feet to a
  found 1/2" iron rod;
         (11)  South 33°16'35" West a distance of 34.80 feet to a found
  1/2" iron rod;
         (12)  South 52°04'56" East a distance of 39.91 feet to a found
  1/2" iron rod for the southwest corner of said 57.07 acre tract, and
  being on a the north line of Tract 7, Kittie Hill Acres;
         THENCE with the south line of said 92.621 acre tract and the
  remainder of said Tract 7, the following two (2) courses:
         (1)  South 51°39'00" East for a distance of 81.12 feet to a
  found iron rod with plastic cap stamped "DIAMOND SURVEYING";
         (2)  South 17°00'35" West for a distance of 171.42 feet to a
  found 1/2" iron rod in the south line of said 92.621 acre tract, and
  in the existing north right-of-way line of Airport Drive (50'
  Right-of-Way);
         THENCE North 71°58'26" West with the south line of said 92.621
  acre tract and the north right-of-way line of Airport Drive, a
  distance of 328.07 feet to a 1/2" iron rod found for angle point in
  the south line of said 92.621 acre tract, and being the southeast
  corner of said 52.640 acre tract;
         THENCE South 69°17'46" West with the south line of said 52.640
  acre tract, the north line of said Kittie Hill Acres, passing an
  iron found for the northeast corner of said Tract 1, Kittie Hills
  Acres at a distance of 78.16 feet and continuing a total distance of
  120.34 feet to a 1/2" iron rod found for an angle point in the south
  line of said 52.640 acre tract, and being in the north line of said
  Tract 1, said Kittie Hill Acres;
         THENCE South 69°22'09" West with the south line of said 52.640
  acre tract, the north line of said Tract 1, and the north line of
  said Tract 2 a distance of 681.39 feet to the POINT OF BEGINNING;
         SECTION 3.  (a) The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 4.  (a)  If this Act does not receive a two-thirds
  vote of all the members elected to each house, Subchapter C, Chapter
  8417, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8417.107 to read as follows:
         Sec. 8417.107.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         (b)  This section is not intended to be an expression of a
  legislative interpretation of the requirements of Section 17(c),
  Article I, Texas Constitution.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1354 was passed by the House on May 2,
  2013, by the following vote:  Yeas 147, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1354 was passed by the Senate on May
  22, 2013, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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