Bill Text: TX HB2912 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the New Fairview Municipal Utility District No. 1; 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: (Enrolled - Dead) 2017-06-15 - Effective on 9/1/17 [HB2912 Detail]
Download: Texas-2017-HB2912-Introduced.html
Bill Title: Relating to the creation of the New Fairview Municipal Utility District No. 1; 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: (Enrolled - Dead) 2017-06-15 - Effective on 9/1/17 [HB2912 Detail]
Download: Texas-2017-HB2912-Introduced.html
85R10816 AAF-F | ||
By: King of Parker | H.B. No. 2912 |
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relating to the creation of the New Fairview Municipal Utility | ||
District No. 1; 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 7987 to read as follows: | ||
CHAPTER 7987. NEW FAIRVIEW MUNICIPAL UTILITY DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7987.001. 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 New Fairview Municipal | ||
Utility District No. 1. | ||
Sec. 7987.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7987.003. 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. 7987.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 7987.003 | ||
until each municipality in whose corporate limits or | ||
extraterritorial jurisdiction the district is located has | ||
consented by ordinance or resolution to the creation of the | ||
district and to the inclusion of land in the district. | ||
Sec. 7987.005. 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. 7987.006. 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. 7987.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7987.052, directors serve | ||
staggered four-year terms. | ||
Sec. 7987.052. TEMPORARY DIRECTORS. (a) On or after | ||
September 1, 2017, 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 7987.003; or | ||
(2) September 1, 2021. | ||
(c) If permanent directors have not been elected under | ||
Section 7987.003 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 7987.003; 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. 7987.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7987.102. 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. 7987.103. 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. 7987.104. 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. 7987.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE | ||
OR RESOLUTION. The district shall comply with all applicable | ||
requirements of any ordinance or resolution that is adopted under | ||
Section 54.016 or 54.0165, Water Code, and that consents to the | ||
creation of the district or to the inclusion of land in the | ||
district. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7987.151. 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 7987.153. | ||
(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. 7987.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7987.151, 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. 7987.153. 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. 7987.201. 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. 7987.202. 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. 7987.203. 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 New Fairview Municipal Utility District No. | ||
1 initially includes all the territory contained in the following | ||
area: | ||
BEING A 634.507 ACRES TRACT OF LAND CALLED OUT OF THE | ||
T. CARPENTER SURVEY, ABSTRACT NO. 172 AND THE W. | ||
BRAMLETT SURVEY, ABSTRACT NO. 123, WISE COUNTY, TEXAS: | ||
BEING ALL OF THOSE CERTAIN TRACTS OF LAND AS DESCRIBED | ||
IN VOLUME 155, PAGE 580, & VOLUME 123, PAGE 290, DEED | ||
RECORDS, WISE COUNTY, TEXAS, AND CONTAINING ALL OF | ||
THOSE CERTAIN TRACTS OF LAND AS DESCRIBED IN CLERK FILE | ||
NO. 201600522 & CLERK FILE NO. 201600523, OFFICIAL | ||
RECORDS, WISE COUNTY, TEXAS: BEING FURTHER DESCRIBED | ||
BY METES AND BOUNDS AS FOLLOWS: | ||
BEGINNING AT A SET 1/2"IRON ROD WITH PLASTIC CAP IN THE | ||
EAST LINE OF THE FORT WORTH & DENVER CITY RAILROAD | ||
RIGHT OF WAY, BEING FIFTY FEET EAST OF & PERPENDICULAR | ||
TO THE CENTER OF THE EXISTING RAILROAD LINE, AT THE | ||
NORTHWEST CORNER OF THE THIRD TRACT (V. 123, P. 290), | ||
SAME BEING THE SOUTHWEST CORNER OF A CALLED 30 ACRES | ||
TRACT OF LAND DESCRIBED IN VOLUME 5, PAGE 151, | ||
D.R.W.C.T., FOR THE NORTHWEST AND BEGINNING CORNER OF | ||
THIS TRACT. | ||
THENCE ALONG THE SOUTH & EAST LINES OF SAID 30 ACRES AS | ||
FOLLOWS: | ||
1) N 89°35'28" E 2484.06 FEET TO A 4" STEEL FENCE CORNER | ||
POST, FOR AN ELL CORNER OF THIS TRACT. | ||
2) N 01°02'34" W 533.58 FEET TO A FOUND 1" IRON PIPE AT | ||
THE SOUTHEAST CORNER OF THAT CALLED 187.08 ACRES AS | ||
DESCRIBED IN CLERK FILE NO. 201322567, O.R.W.C.T., FOR | ||
A CORNER OF THIS TRACT. | ||
3) THENCE N 00°16'14" E 349.12 FEET TO A FOUND 3/8" IRON | ||
ROD AT THE SOUTHWEST CORNER OF THOSE CERTAIN TRACTS OF | ||
LAND DESCRIBED IN VOLUME 1643, PAGE 644, O.R.W.C.T., | ||
FOR THE NORTHWEST CORNER OF THIS TRACT. | ||
4) THENCE N 89°40'40" E AT 1203.8 FEET PASS A FOUND 1/2" | ||
IRON ROD WITH PLASTIC CAP STAMPED "MANNING" AT THE | ||
NORTHWEST CORNER OF THAT CALLED 34.00 ACRES TRACT OF | ||
LAND DESCRIBED IN CLERK FILE NO. 201600522, | ||
O.R.W.C.T., AT 2609.13 FEET PASS A FOUND 3/8" IRON ROD | ||
IN THE FENCED WEST LINE OF PIONEER STREET, A GRAVEL | ||
SURFACE, FOR A TOTAL DISTANCE OF 2632.66 FEET TO A | ||
POINT, FOR THE NORTHEAST CORNER OF THIS TRACT. | ||
5) THENCE S 00°25'18" E 3975.79 FEET WITHIN SAID | ||
PIONEER STREET TO A POINT, AT THE NORTHEAST CORNER OF | ||
THAT CALLED 3.673 ACRES CONVEYED TO BRAZOS ELECTRIC | ||
POWER COOPERATIVE, INC. IN VOLUME 931, PAGE 495, | ||
O.R.W.C.T., FOR A CORNER OF THIS TRACT. | ||
THENCE ALONG THE NORTH, WEST, & SOUTH LINES OF SAID | ||
BRAZOS ELECTRIC TRACT AS FOLLOWS: | ||
6) S 89°39'22" W 400.00 FEET TO A FOUND CAPPED 3/4" IRON | ||
ROD; | ||
7) S 00°20'10" E 399.94 FEET TO A FOUND CAPPED 3/4" IRON | ||
ROD; | ||
8) N 89°39'51" E 400.01 FEET TO A POINT WITHIN SAID | ||
PIONEER STREET, FOR A CORNER OF THIS TRACT. | ||
9) THENCE S 00°20'12" E 358.93 FEET WITHIN SAID PIONEER | ||
STREET TO A FOUND 3/8" IRON ROD IN THE NORTH LINE OF | ||
THAT CALLED 80 ACRES TRACT OF LAND DESCRIBED IN VOLUME | ||
1547, PAGE 588, O.R.W.C.T., FOR THE EASTERLY SOUTHEAST | ||
CORNER OF THIS TRACT. | ||
THENCE ALONG THE COMMON LINE OF SAID FIFTH TRACT (V. | ||
123, P. 290) & SAID 80 ACRES TRACT AS FOLLOWS: | ||
10) S 89°16'40" W 2595.51 FEET TO A FOUND 3/8" IRON ROD; | ||
11) S 00°41'22" E 1800.91 FEET TO A POINT WITHIN PIONEER | ||
STREET, AN ASPHALT SURFACE, AT THE SOUTHEAST CORNER OF | ||
THAT CALLED 22.00 ACRES TRACT OF LAND DESCRIBED IN | ||
CLERK FILE NO. 201600523, O.R.W.C.T., FOR THE | ||
SOUTHERLY SOUTHEAST CORNER OF THIS TRACT. | ||
12) THENCE N 89°57'00" W WITHIN SAID PIONEER STREET AT | ||
772.70 FEET PASS A FOUND P.K. NAIL IN ASPHALT AT THE | ||
SOUTHWEST CORNER OF SAID 22.00 ACRES, FOR A TOTAL | ||
DISTANCE OF 2919.89 FEET TO A POINT IN THE SIMPLE CURVE | ||
OF A SPIRAL CURVE, BEING THE EAST LINE OF SAID FORT | ||
WORTH & DENVER CITY RAILROAD RIGHT OF WAY, FOR THE | ||
SOUTHWEST CORNER OF THIS TRACT. WHENCE A FOUND PK NAIL | ||
BEARS S 89°57'00" E 1.58 FEET. | ||
THENCE FIFTY FEET EAST OF & PERPENDICULAR TO THE CENTER | ||
OF THE EXISTING RAILROAD LINE AS FOLLOWS: | ||
SC1) ALONG THE ARC OF A SIMPLE CURVE TO THE RIGHT, | ||
HAVING A RADIUS OF 2873.39 FEET, AN ARC LENGTH OF | ||
195.21 FEET, AND WHOSE CHORD BEARS N 01°50'09" W 195.17 | ||
FEET TO A SET 1/2" IRON ROD WITH PLASTIC CAP AT THE | ||
CURVE TO SPIRAL, A CHORD BEARS N 02°35'55" E 376.69 FEET | ||
TO THE SPIRAL TO TANGENT; | ||
13) N 03°50'04" E 5090.43 FEET TO THE POINT OF | ||
BEGINNING. | ||
BEARINGS & DISTANCES DERIVED FROM G.P.S. OBSERVATIONS | ||
PERFORMED BY CARTER SURVEYING & MAPPING, INC. AND | ||
REFLECT SURFACE ADJUSTED, N.A.D. 1983, TEXAS STATE | ||
PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, | ||
USING TEXAS DEPARTMENT OF TRANSPORTATION SURFACE | ||
ADJUSTMENT FACTOR OF 1.00012. | ||
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 | ||
7987, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7987.106 to read as follows: | ||
Sec. 7987.106. 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 September 1, 2017. |