Bill Text: TX SB1916 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the creation of the Southeast Travis County Municipal Utility District No. 4; providing authority to impose a tax and issue bonds.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2011-06-17 - Effective immediately [SB1916 Detail]
Download: Texas-2011-SB1916-Enrolled.html
S.B. No. 1916 |
relating to the creation of the Southeast Travis County Municipal | ||
Utility District No. 4; providing authority to impose a tax and | ||
issue bonds. | ||
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 8385 to read as follows: | ||
CHAPTER 8385. SOUTHEAST TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT | ||
NO. 4 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8385.001. 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 Southeast Travis County | ||
Municipal Utility District No. 4. | ||
(5) "Municipality" means a municipality in whose | ||
corporate limits or extraterritorial jurisdiction the district is | ||
located. | ||
Sec. 8385.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8385.003. CONFIRMATION AND DIRECTORS' ELECTION | ||
REQUIRED. The temporary directors shall hold an election to | ||
confirm the creation of the district and to elect permanent | ||
directors as provided by Section 8385.051 of this code and Section | ||
49.102, Water Code. | ||
Sec. 8385.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The | ||
temporary directors may not hold an election under Section 8385.003 | ||
until each municipality has consented by ordinance or resolution to | ||
the creation of the district and to the inclusion of land in the | ||
district. | ||
(b) If a municipality does not consent to the creation of | ||
the district or if the district does not enter into an agreement | ||
required by the terms of the municipal ordinance or resolution | ||
consenting to the creation of the district under this section | ||
before September 1, 2012: | ||
(1) the district is dissolved September 1, 2012, | ||
except that: | ||
(A) any debts incurred shall be paid; | ||
(B) any assets that remain after the payment of | ||
debts shall be transferred to the municipality or another local | ||
governmental entity to be used for a public purpose; and | ||
(C) the organization of the district shall be | ||
maintained until all debts are paid and remaining assets are | ||
transferred; and | ||
(2) this chapter expires September 1, 2012. | ||
Sec. 8385.005. 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, or improvement of | ||
macadamized, graveled, or paved roads described by Section 54.234, | ||
Water Code, or improvements, including storm drainage, in aid of | ||
those roads. | ||
Sec. 8385.006. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act enacting this chapter form a closure. A mistake made in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on a bond; | ||
(3) right to impose a tax; or | ||
(4) legality or operation. | ||
[Sections 8385.007-8385.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8385.051. GOVERNING BODY; TERMS. (a) Except as | ||
provided by Subsection (b), the district is governed by a board of | ||
five elected directors. | ||
(b) If required under the terms of the agreement, ordinance, | ||
or resolution by which a municipality consents to the creation of | ||
the district, the board consists of: | ||
(1) four elected directors; and | ||
(2) one director appointed by the governing body of | ||
the municipality. | ||
(c) A director appointed under Subsection (b)(2) is not | ||
required to be a qualified voter of the district or to own land | ||
subject to taxation in the district. | ||
(d) Except as provided by Section 8385.052, directors serve | ||
staggered four-year terms. A permanent director may not serve more | ||
than two four-year terms. | ||
(e) The common law doctrine of incompatibility does not | ||
disqualify an official or employee of a municipality from being | ||
appointed a director by the governing body of a municipality under | ||
Subsection (b)(2), and a director appointed to the board may | ||
continue to serve in a public office of or be employed by the | ||
municipality. | ||
Sec. 8385.052. 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 8385.003; 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 8385.003 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 8385.003; or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(d) If Subsection (c) applies, the owner or owners of a | ||
majority of the assessed value of the real property in the district | ||
may submit a petition to the commission requesting that the | ||
commission appoint as successor temporary directors the five | ||
persons named in the petition. The commission shall appoint as | ||
successor temporary directors the five persons named in the | ||
petition. | ||
[Sections 8385.053-8385.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8385.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8385.102. 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. 8385.103. AUTHORITY FOR ROAD PROJECTS. (a) Under | ||
Section 52, Article III, Texas Constitution, the district may | ||
design, acquire, construct, finance, issue bonds for, improve, and | ||
convey to this state, a county, or a municipality for operation and | ||
maintenance macadamized, graveled, or paved roads described by | ||
Section 54.234, Water Code, or improvements, including storm | ||
drainage, in aid of those roads. | ||
(b) The district may exercise the powers provided by this | ||
section without submitting a petition to or obtaining approval from | ||
the commission as required by Section 54.234, Water Code. | ||
Sec. 8385.104. APPROVAL OF ROAD PROJECT. (a) The district | ||
may not undertake a road project authorized by Section 8385.103 | ||
unless: | ||
(1) each municipality or county that will operate and | ||
maintain the road has approved the plans and specifications of the | ||
road project, if a municipality or county will operate and maintain | ||
the road; or | ||
(2) the Texas Transportation Commission has approved | ||
the plans and specifications of the road project, if the state will | ||
operate and maintain the road. | ||
(b) Except as provided by Subsection (a), the district is | ||
not required to obtain approval from the Texas Transportation | ||
Commission to design, acquire, construct, finance, issue bonds for, | ||
improve, or convey a road project. | ||
Sec. 8385.105. COMPLIANCE WITH AND ENFORCEABILITY OF | ||
MUNICIPAL CONSENT AGREEMENT, 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) Any agreement between the district and a municipality | ||
related to the municipality's consent to the creation of the | ||
district is valid and enforceable. | ||
(c) On the issuance of bonds by the district, the district | ||
is considered to have waived sovereign immunity to suit by a | ||
municipality for the purpose of adjudicating a claim for breach of | ||
an agreement described by this section. | ||
Sec. 8385.106. CONTRACT TO FURTHER REGIONAL COOPERATION. | ||
The district and a municipality may contract on terms that the board | ||
and governing body of the municipality agree will further regional | ||
cooperation between the district and the municipality. | ||
Sec. 8385.107. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
[Sections 8385.108-8385.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8385.151. 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 8385.153. | ||
(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. 8385.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8385.151, 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. | ||
(c) If required by an agreement between the district and a | ||
municipality under Section 8385.105, the total ad valorem tax rate | ||
of the district may not be less than the total ad valorem tax rate of | ||
the municipality. | ||
Sec. 8385.153. CONTRACT TAXES. (a) In accordance with | ||
Section 49.108, Water Code, the district may impose a tax other than | ||
an operation and maintenance tax and use the revenue derived from | ||
the tax to make payments under a contract after the provisions of | ||
the contract have been approved by a majority of the district voters | ||
voting at an election held for that purpose. | ||
(b) A contract approved by the district voters may contain a | ||
provision stating that the contract may be modified or amended by | ||
the board without further voter approval. | ||
[Sections 8385.154-8385.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
Sec. 8385.201. 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. 8385.202. 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. 8385.203. 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. | ||
[Sections 8385.204-8385.250 reserved for expansion] | ||
SUBCHAPTER F. STRATEGIC PARTNERSHIP AGREEMENT; MUNICIPAL | ||
ANNEXATION AND NOTICE | ||
Sec. 8385.251. STRATEGIC PARTNERSHIP; CONTINUATION OF | ||
DISTRICT AFTER ANNEXATION BY MUNICIPALITY. (a) The district may | ||
continue to exist as a limited district after full-purpose | ||
annexation by a municipality if the district and the annexing | ||
municipality state the terms of the limited district's existence in | ||
a strategic partnership agreement under Section 43.0751, Local | ||
Government Code. | ||
(b) The strategic partnership agreement may provide for a | ||
term of any number of years. The limitation in Section | ||
43.0751(g)(2), Local Government Code, on the length of the term | ||
does not apply to a limited district created under this section. | ||
Sec. 8385.252. MUNICIPAL ANNEXATION; NOTICE. | ||
(a) Sections 43.0561 and 43.0562, Local Government Code, do not | ||
apply to the annexation of the district by a municipality that | ||
consents to the creation of the district under Section 8385.004. | ||
(b) Not later than the 30th day after the date a | ||
municipality adopts a resolution or ordinance consenting to the | ||
creation of the district, the municipality shall file, in the real | ||
property records of the county in which the land to be included in | ||
the district is located, a notice to a purchaser of real property in | ||
the district that describes: | ||
(1) the municipality's authority and intention to | ||
annex the district; and | ||
(2) the anticipated date of the annexation. | ||
(c) After the notice is filed, a person who proposes to sell | ||
or otherwise convey real property in the district must include the | ||
information contained in the municipality's notice in the Notice to | ||
Purchasers required by Section 49.452, Water Code. | ||
SECTION 2. The Southeast Travis County Municipal Utility | ||
District No. 4 initially includes all the territory contained in | ||
the following area: | ||
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF | ||
THE JOSE ANTONIO NAVARRO SURVEY, ABSTRACT 18, SITUATED IN TRAVIS | ||
COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED | ||
AS BEING A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND | ||
CONVEYED TO QUALICO CR, LP IN DOCUMENT NUMBER 2008139825, A PORTION | ||
OF THAT CERTAIN 362.872 ACRE TRACT OF LAND CONVEYED TO QUALICO CR, | ||
LP IN DOCUMENT NUMBER 2008082363, ALL OF THAT CERTAIN 184.382 ACRE | ||
TRACT OF LAND CONVEYED TO QUALICO CR, LP IN DOCUMENT NUMBER | ||
2010119925 AND A PORTION OF THAT CERTAIN 161.518 ACRE TRACT OF LAND | ||
CONVEYED TO QUALICO CR, LP IN DOCUMENT NUMBER 2009141317 ALL OF THE | ||
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, SAID TRACT OF LAND | ||
BEING 378.452 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS | ||
AS FOLLOWS: | ||
BEGINNING, at an iron rod found at the southeast corner of said | ||
74.590 acre Qualico CR, LP tract, also being the southwest corner of | ||
said 161.518 acre Qualico CR, LP tract, also being a point on the | ||
northern right-of-way line of Pearce Lane, a varying width public | ||
roadway, for the POINT OF BEGINNING of the herein described tract, | ||
THENCE, with the southern boundary line of said 74.590 acre Qualico | ||
CR, LP tract and the northern right-of-way line of said Pearce Lane, | ||
the following two (2) courses and distances numbered 1 and 2, | ||
1. N64°19'11"W a distance of 92.92 feet to an iron rod | ||
found at the point of curvature to the left, | ||
2. with said curve to the left having a radius of | ||
9419.72 feet, an arc length of 502.24 feet, and whose chord | ||
bears N65°59'24"W, a distance of 502.18 feet to an iron rod | ||
found, | ||
THENCE, leaving the northern right-of-way line of said Pearce Lane, | ||
and crossing said 74.590 acre Qualico CR, LP tract, the said 161.518 | ||
acre Qualico CR, LP tract, and the 362.872 acre Qualico CR, LP tract | ||
, the following twelve (12) courses and distances, numbered 1 | ||
through 12, | ||
1. N59°39'27"E, a distance of 145.30 feet to a | ||
calculated point, | ||
2. S77°46'45"E, a distance of 440.15 feet to a | ||
calculated point, | ||
3. S84°08'57"E, a distance of 722.01 feet to a | ||
calculated point, | ||
4. N45°54'29"E, a distance of 698.92 feet to a | ||
calculated point, | ||
5. N08°39'51"E, a distance of 919.38 feet to a | ||
calculated point, | ||
6. N55°53'27"W, a distance of 506.81 feet to a | ||
calculated point, | ||
7. N16°17'52"W, a distance of 1014.45 feet to a | ||
calculated point, | ||
8. N62°26'37"E, a distance of 544.11 feet to a | ||
calculated point, | ||
9. N30°27'47"E, a distance of 295.08 feet to a | ||
calculated point, | ||
10. N18°05'14"W, a distance of 633.66 feet to a | ||
calculated point, | ||
11. N31°33'30"E, a distance of 578.23 feet to a | ||
calculated point, | ||
12. N30°19'13"E, a distance of 1597.94 feet to an iron | ||
rod found on the north line of said 362.872 acre Qualico CR, | ||
LP tract, and in the south line of a 147.806 acre tract | ||
conveyed to Gregory C. Weiss and Virginia G. Bassett tract, | ||
recorded in Document Number 2006186612, | ||
THENCE, with the common southern boundary line of said 147.806 acre | ||
Gregory C. Weiss and Virginia G. Bassett tract and the northern | ||
boundary line of said 362.872 acre Qualico CR, LP tract, | ||
S63°19'24"E, a distance of 699.61 feet to the northwest corner of | ||
said 184.382 Qualico CR, LP tract, | ||
THENCE, with the common southern boundary line of said 147.806 acre | ||
Gregory C. Weiss and Virginia G. Bassett tract and the northern | ||
boundary line of said 184.382 acre Qualico CR, LP tract, | ||
S63°21'31"E, a distance of 2403.99 feet to an iron rod found at the | ||
northeast corner of said 184.382 acre Qualico CR, LP tract, also | ||
being in the westerly right-of-way line of Wolfe Lane, a varying | ||
width public roadway, | ||
THENCE, with the common boundary line of said 184.382 acre Qualico | ||
CR, LP tract and the west right-of-way line of said Wolfe Lane, the | ||
following nine (9) courses and distances, numbered 1 through 9, | ||
1. S28°41'05"W, a distance of 93.30 feet to an iron rod | ||
found, | ||
2. S28°01'16"W, a distance of 387.32 feet to an iron rod | ||
found, | ||
3. S27°56'22"W, a distance of 289.74 feet to an iron rod | ||
found, | ||
4. S27°35'22"W, a distance of 341.84 feet to an iron rod | ||
found, | ||
5. S27°21'56"W, a distance of 191.88 feet to an iron rod | ||
found, | ||
6. S26°52'52"W, a distance of 541.29 feet to an iron rod | ||
found, | ||
7. S27°04'44"W, a distance of 1120.79 feet to an iron rod | ||
found, | ||
8. S27°32'04"W, a distance of 329.70 feet to an iron rod | ||
found, | ||
9. S27°38'13"W, a distance of 195.47 feet to an iron rod | ||
found, in the west right-of-way line of said Wolfe Lane and in | ||
the west line of said 161.518 acre Qualico CR, LP tract, | ||
THENCE, with the common boundary line of said 161.518 acre Qualico | ||
CR, LP tract and the west right-of-way line of said Wolfe Lane, the | ||
following two (2) courses and distances, numbered 1 and 2, | ||
1. S27°17'41"W, a distance of 103.86 feet to an iron rod | ||
found, | ||
2. S27°06'59"W, a distance of 2038.07 feet to a | ||
calculated point, | ||
THENCE, leaving right-of-way line of said Wolfe Lane and crossing | ||
said 161.518 acre Qualico CR, LP tract, S39°14'43"W, a distance of | ||
856.86 feet to an iron rod found in the south line of said 161.518 | ||
acre Qualico CR, LP tract, also being in the northerly right-of-way | ||
line of said Pearce Lane, for the point of curvature to the left, | ||
THENCE, with the common boundary line of said 161.518 acre Qualico | ||
CR, LP tract and the north right-of-way line of said Pearce Lane, | ||
the following six (6) courses and distances, numbered 1 through 6, | ||
1. with said curve to the left having a radius of | ||
2576.23 feet, an arc length of 451.04 feet, and whose chord | ||
bears N46°34'33"W, a distance of 450.46 feet to an iron rod | ||
found, | ||
2. N51°35'30"W, a distance of 194.12 feet to an iron rod | ||
found at the point of curvature to the left, | ||
3. with said curve to the left having a radius of | ||
8327.42 feet, an arc length of 502.55 feet, and whose chord | ||
bears N53°20'29"W, a distance of 502.47 feet to an iron rod | ||
found, | ||
4. N55°04'13"W, a distance of 181.98 feet to an iron rod | ||
found at the point of curvature to the left, | ||
5. with said curve to the left having a radius of | ||
3174.03 feet, an arc length of 506.11 feet, and whose chord | ||
bears N59°48'40"W, a distance of 505.58 feet to an iron rod | ||
found and | ||
6. N64°22'45"W, a distance of 434.44 feet to the POINT OF | ||
BEGINNING, and containing 378.452 acres of land. | ||
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. 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, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1916 passed the Senate on | ||
May 18, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1916 passed the House on | ||
May 25, 2011, by the following vote: Yeas 147, Nays 0, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |