Bill Text: TX SB2298 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the temporary board of and financing of certain facilities and improvements by the LaSalle Municipal Utility District No. 4; providing authority to impose an assessment.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2017-06-12 - Effective immediately [SB2298 Detail]
Download: Texas-2017-SB2298-Introduced.html
Bill Title: Relating to the temporary board of and financing of certain facilities and improvements by the LaSalle Municipal Utility District No. 4; providing authority to impose an assessment.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2017-06-12 - Effective immediately [SB2298 Detail]
Download: Texas-2017-SB2298-Introduced.html
85R18659 SLB-F | ||
By: Zaffirini | S.B. No. 2298 |
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relating to the temporary board of and financing of certain | ||
facilities and improvements by the LaSalle Municipal Utility | ||
District No. 4; providing authority to impose an assessment. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 8475.052(a) and (b), Special District | ||
Local Laws Code, are amended to read as follows: | ||
(a) The temporary board consists of: | ||
(1) Curby Ohnheiser; | ||
(2) Bill Zukaukas; | ||
(3) James Hines; | ||
(4) Sam Siddons; and | ||
(5) Terry Zrubek [ |
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(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8475.003; or | ||
(2) the fourth anniversary of the effective date of | ||
their designation [ |
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SECTION 2. Chapter 8475, Special District Local Laws Code, | ||
is amended by adding Subchapter F to read as follows: | ||
SUBCHAPTER F. ASSESSMENTS; APPLICABILITY OF ASSESSMENTS | ||
Sec. 8475.251. PETITION REQUIRED FOR FINANCING | ||
IMPROVEMENTS AND RECREATIONAL FACILITIES WITH ASSESSMENTS. (a) | ||
Except as provided by this subchapter, the board may finance the | ||
construction or maintenance of a recreational facility or | ||
improvement with assessments on property under this subchapter only | ||
if: | ||
(1) a written petition requesting that facility or | ||
improvement has been filed with the board; and | ||
(2) the board holds a hearing on the proposed | ||
assessments. | ||
(b) The petition 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. 8475.252. MISCELLANEOUS DESIGN, CONSTRUCTION, AND | ||
MAINTENANCE. An improvement or recreational facility project may | ||
include the planning, design, construction, improvement, and | ||
maintenance of: | ||
(1) landscaping; | ||
(2) marinas and bridges; | ||
(3) lighting, banners, and signs; | ||
(4) hiking and cycling paths or trails; | ||
(5) sidewalks, pedestrian walkways, skywalks, | ||
crosswalks, or tunnels; | ||
(6) ponds, lakes, recreational facilities, or scenic | ||
areas; | ||
(7) plazas or pedestrian malls; | ||
(8) drainage or navigation improvements; or | ||
(9) solid waste, water, sewer, or power facilities, | ||
including electrical and gas power facilities. | ||
Sec. 8475.253. METHOD OF NOTICE FOR HEARING. The district | ||
shall mail notice of the hearing to each property owner in the | ||
district who will be subject to the assessment at the current | ||
address to be assessed as reflected on the tax rolls. The district | ||
may mail the notice by certified or first class United States mail. | ||
The board shall determine the method of notice. | ||
Sec. 8475.254. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) An | ||
assessment or a reassessment imposed under this subchapter 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. | ||
(b) 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. | ||
(c) 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. | ||
Sec. 8475.255. UTILITY PROPERTY EXEMPT FROM ASSESSMENTS. | ||
The district may not impose an assessment on the property, | ||
including the equipment, rights-of-way, facilities, or | ||
improvements, of: | ||
(1) an electric utility or a power generation company | ||
as defined by Section 31.002, Utilities Code; | ||
(2) a gas utility as defined by Section 101.003 or | ||
121.001, Utilities Code; | ||
(3) a telecommunications provider as defined by | ||
Section 51.002, Utilities Code; or | ||
(4) a person who provides to the public cable | ||
television or advanced telecommunications services. | ||
SECTION 3. Section 2, Chapter 628, Acts of the 83rd | ||
Legislature, Regular Session, 2013, is amended to read as follows: | ||
Sec. 2. The LaSalle Municipal Utility District No. 4 | ||
initially includes all the territory contained in the following | ||
area: | ||
BEING A 355.7-ACRE [15,494,304 SQUARE FEET] TRACT OF LAND OUT OF THE | ||
WILLIAM HEMPHILL SURVEY, ABSTRACT NUMBER 221, HAYS COUNTY, TEXAS, | ||
SAID 355.7-ACRE TRACT BEING A PORTION OF SAID 765.035-ACRE TRACT, | ||
SAID 355.7-ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES | ||
AND BOUNDS AS FOLLOWS: | ||
BEGINNING at a 1/2-inch iron rod with cap marked "BYRN" found in the | ||
north right-of-way line of State Highway 21, a varying-width | ||
right-of-way, for the south corner of said 765.035-acre tract, same | ||
being the east corner of that called 305-acre tract described as | ||
"Tract 2" in Special Warranty Deed to Cedar Stump Limited | ||
Partnership, as recorded in Volume 1489, Page 800, H.C.D.R.; | ||
THENCE leaving said north right-of-way line of State Highway 21, | ||
with the southwest line of said 765.035-acre tract, same being the | ||
northeast line of said 305-acre tract, N46°05'07"W, a distance of | ||
2,948.64 feet to a 1-inch iron rod found for the north corner of | ||
said 305-acre tract; | ||
THENCE continuing with the southwest line of said 765.035-acre | ||
tract, with the northwest line of said 305-acre tract, S43°29'59"W, | ||
a distance of 1,332.70 feet to the southwest corner of the tract | ||
described herein; | ||
THENCE leaving said southwest line of said 765.035-acre tract and | ||
said northwest line of the 305-acre tract, crossing said | ||
765.035-acre tract, the following nine (9) courses and distances: | ||
1) N46°24'34"W, a distance of 3,056.52 feet to an angle | ||
point, | ||
2) N44°18'44"E, a distance of 586.71 feet to a point of | ||
curvature of a tangent circular curve to the right; | ||
3) with the arc of said curve to the right a distance of | ||
2,394.53 feet, said curve having a radius of 1654.00, a central | ||
angle of 82°56'54" and a chord bearing N86°50'23"E, a distance of | ||
2,190.83 feet to a point of tangency, | ||
4) S46°24'32"E, a distance of 792.11 feet to an angle point, | ||
5) N43°35'28"E, a distance of 248.47 feet to a point of | ||
curvature of a tangent circular curve to the left, | ||
6) with the arc of said curve to the left a distance of | ||
595.11 feet, said curve having a radius of 512.00, a central angle | ||
of 66°35'45" and a chord bearing N10°17'36"E, a distance of 562.17 | ||
feet to a point of tangency, | ||
7) N24°53'03"W, a distance of 156.83 feet to a point of | ||
curvature of a tangent circular curve to the right, | ||
8) with the arc of said curve to the right a distance of | ||
793.02 feet, said curve having a radius of 632.00, a central angle | ||
of 71°53'37" and a chord bearing N10°26'48"E, a distance of 742.01 | ||
feet to a point of tangency, and | ||
9) N43°22'06"E, a distance of 190.43 feet to a point in the | ||
east line of said 765.035-acre tract, same being said west line of | ||
the 140.6-acre tract; | ||
THENCE with said east line of the 765.035-acre tract and the west | ||
line of the 140.6-acre tract, S46°43'06"E, a distance of 1,334.98 | ||
feet to a 1/2-inch iron rod found for the southwest corner of said | ||
140.6-acre tract, same being the northwest corner of that called | ||
82.86-acre tract described as "Tract Two" in General Warranty Deed | ||
to Robert K. Holdings, L.L.C. as recorded in Volume 5143, Page 808, | ||
O.P.R.H.C.T.; | ||
THENCE continuing with said east line of the 765.035-acre tract, | ||
with the west line of the 82.86-acre tract, S46°36'29"E, a distance | ||
of 930.53 feet to an iron post found for the southwest corner of | ||
said 82.86-acre tract, same being the northwest corner of that | ||
called 82.844-acre tract described in General Warranty Deed to | ||
Stork Estates, LLC as recorded in Volume 5390, Page 624, | ||
O.P.R.H.C.T.; | ||
THENCE continuing with said east line of the 765.035-acre tract, | ||
with the west line of said 82.844-acre tract, S46°27'06"E, a | ||
distance of 1,203.82 feet to a 1/2-inch iron rod found for the | ||
southwest corner of said 82.844-acre tract, same being the | ||
northwest corner of the remainder of that called 100-acre tract | ||
described to Fred W. Hoffman, Sr., as recorded in Volume 188, Page | ||
499, O.P.R.H.C.T.; | ||
THENCE continuing with said east line of the 765.035-acre tract, | ||
same being the west line of the remainder the 100-acre tract, | ||
S46°36'00"E, a distance of 1,031.87 feet to a 5/8-inch iron rod with | ||
cap marked "HOFFMAN" found in said north right-of-way line of State | ||
Highway 21, for the east corner of said 765.035-acre tract and the | ||
east corner of the tract described herein; | ||
THENCE leaving said east line of the 765.035-acre tract and said | ||
west line of the remainder the 100-acre tract, with said north | ||
right-of-way line of State Highway 21 and said south line of the | ||
765.035-acre tract, the following three (3) courses and distances: | ||
1) S48°11'06"W, a distance of 178.89 feet to a 1/2-inch iron | ||
rod with cap marked "BYRN" found for a point of curvature of a | ||
non-tangent circular curve to the left; | ||
2) with the arc of said curve to the left a distance of | ||
830.82 feet, said curve having a radius of 5,779.51 feet, a central | ||
angle of 8°14'11" and a chord bearing S52°21'11"W, a distance of | ||
830.10 feet to a broken TxDOT concrete monument found for a point of | ||
non-tangency, and | ||
3) S48°11'24"W, a distance of 1,475.12 feet to the POINT OF | ||
BEGINNING, and containing 355.7 acres [15,494,304 square feet]. | ||
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SECTION 4. (a) All governmental and proprietary actions of | ||
the LaSalle Municipal Utility District No. 4 taken before the | ||
effective date of this Act, including the creation of the district, | ||
the consent to create the district granted by the City of San | ||
Marcos, the consent agreement relating to the district and any | ||
amendments to that agreement, and any extension of time in which to | ||
hold a confirmation election for the district, are validated, | ||
ratified, and confirmed in all respects. | ||
(b) This section does 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 5. (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 6. For purposes of Section 8475.052(b)(2), Special | ||
District Local Laws Code, as amended by this Act, the effective date | ||
of the temporary directors' designation is the effective date of | ||
this Act. | ||
SECTION 7. 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, 2017. |