Bill Text: TX SB927 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the creation of the Pilot Knob Municipal Utility District No. 2; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-08 - Referred to Intergovernmental Relations [SB927 Detail]
Download: Texas-2011-SB927-Introduced.html
By: Watson | S.B. No. 927 | |
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relating to the creation of the Pilot Knob Municipal Utility | ||
District No. 2; providing authority to impose a tax and issue bonds; | ||
granting a limited power of eminent domain. | ||
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 8____ to read as follows: | ||
CHAPTER 8____. PILOT KNOB MUNICIPAL UTILITY DISTRICT NO._ 2 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8___.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Director" means a board member. | ||
(3) "District" means the Pilot Knob Municipal Utility | ||
District No. 2. | ||
Sec. 8___.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8___.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. 8___.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 8___.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. 8___.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. 8___.006. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act creating this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act creating 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 8___.007-8___.050 reserved for expansion] | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8___.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8___.052, directors serve | ||
staggered four-year terms. | ||
Sec. 8___.052. TEMPORARY DIRECTORS. | ||
(a) On or after the effective date of the Act creating 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) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8___.003; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act creating this chapter. | ||
(c) If permanent directors have not been elected under | ||
Section 8___.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 8___.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 8___.053-8___.100 reserved for expansion] | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8___.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8___.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. 8___.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. 8___.104. APPROVAL OF ROAD PROJECT. (a) The district | ||
may not undertake a road project authorized by Section 8___.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. 8___.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. | ||
Sec. 8___.106. LIMITATION ON USE OF EMINENT DOMAIN. The | ||
district may not exercise the power of eminent domain outside the | ||
district to acquire a site or easement for: | ||
(1) a road project authorized by Section 8___.103; or | ||
(2) a recreational facility as defined by Section | ||
49.462, Water Code. | ||
[Sections 8___.107-8___.150 reserved for expansion] | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8___.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 8___.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. 8___.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8___.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. 8___.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 8___.154-8___.200 reserved for expansion] | ||
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
Sec. 8___.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. 8___.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. 8___.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 Pilot Knob Municipal Utility District No. 2 | ||
initially includes all the territory contained in the following | ||
area: 557.187 acres of land described below: | ||
A DESCRIPTION OF 557.672 ACRES IN THE SANTIAGO DEL VALLE GRANT IN | ||
TRAVIS COUNTY, TEXAS, BEING A PORTION OF A 138.540 ACRE TRACT | ||
DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION INC., | ||
DATED MARCH 2, 2007 AND RECORDED IN DOCUMENT NO. 2007038642 OF THE | ||
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A | ||
20.807 ACRE TRACT DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA | ||
ACQUISITION INC., DATED JANUARY 3, 2007 AND RECORDED IN DOCUMENT | ||
NO. 2007003159 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, | ||
TEXAS, A PORTION OF AN 81.018 ACRE TRACT DESCRIBED IN A SPECIAL | ||
WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER 12, 2006 AND | ||
RECORDED IN DOCUMENT NO. 2006246454 OF THE OFFICIAL PUBLIC RECORDS | ||
OF TRAVIS COUNTY, TEXAS, A PORTION OF A 103.415 ACRE TRACT DESCRIBED | ||
IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., DATED NOVEMBER | ||
20, 2006 AND RECORDED IN DOCUMENT NO. 2006224021 OF THE OFFICIAL | ||
PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF A 167.748 ACRE | ||
TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA ACQUISITION | ||
INC., DATED DECEMBER 13, 2006 AND RECORDED IN DOCUMENT NO. | ||
2006241307 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, | ||
A PORTION OF A 42.558 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY | ||
DEED TO JONA ACQUISITION INC., DATED MAY 16, 2008 AND RECORDED IN | ||
DOCUMENT NO. 2008083861 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS | ||
COUNTY, TEXAS, A PORTION OF A 20.005 ACRE TRACT DESCRIBED IN A | ||
WARRANTY DEED WITH VENDOR'S LIEN TO JOHN T. HALDENSTEIN AND JOSHUA | ||
N. HALDENSTEIN, DATED DECEMBER 14, 2000 AND RECORDED IN DOCUMENT | ||
NO. 2000203669 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, | ||
TEXAS, A PORTION OF A 198.302 ACRE TRACT DESCRIBED IN A GENERAL | ||
WARRANTY DEED TO JONA ACQUISITION INC., DATED DECEMBER 20, 2006 AND | ||
RECORDED IN DOCUMENT NO. 2006244772 OF THE OFFICIAL PUBLIC RECORDS | ||
OF TRAVIS COUNTY, TEXAS, A PORTION OF A 232.233 ACRE TRACT DESCRIBED | ||
IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO JONA ACQUISITION | ||
INC., DATED JANUARY 8, 2009 AND RECORDED IN DOCUMENT NO. 2009003190 | ||
OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, A PORTION OF | ||
A 37.390 ACRE TRACT DESCRIBED IN A GENERAL WARRANTY DEED TO JONA | ||
ACQUISITION INC., DATED OCTOBER 30, 2008 AND RECORDED IN DOCUMENT | ||
NO. 2008179828 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, | ||
TEXAS, A PORTION OF COLTON BLUFF SPRINGS ROAD (APPARENT | ||
RIGHT-OF-WAY WIDTH VARIES), AND ALL OF A 67.339 ACRE ACRE TRACT | ||
DESCRIBED IN A SPECIAL WARRANTY DEED TO JONA ACQUISITION INC., | ||
DATED NOVEMBER 7, 2007 AND RECORDED IN DOCUMENT NO. 2007204509 OF | ||
THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS; SAID 557.672 | ||
ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS | ||
FOLLOWS: | ||
BEGINNING at a 1/2" iron pipe found for an interior ell corner in | ||
the north line of said 138.540 acre tract, same being an angle point | ||
in the south line of a 380.080 acre tract described in a deed to | ||
Ernest Collins and Floretta Collins, recorded in Volume 12791, Page | ||
11 of the Real Property Records of Travis County, Texas; | ||
THENCE crossing said 138.540 acre tract, said 20.807 acre tract, | ||
Colton Bluff Springs Road, said 81.018 acre tract, said 103.415 | ||
acre tract, said 167.748 acre tract, said 42.558 acre tract, said | ||
20.005 acre tract, said 198.302 acre tract, said 232.233 acre | ||
tract, and said 37.390 acre tract, the following thirty (30) | ||
courses and distances: | ||
1. South 27°05'52" West, a distance of 3.20 feet to a | ||
calculated point; | ||
2. South 47°34'32" East, a distance of 42.94 feet to a | ||
calculated point; | ||
3. With a curve to the left, having a radius of 2002.94 | ||
feet, a delta angle of 22°31'58", an arc length of 787.70 | ||
feet, and a chord which bears South 58°50'31" East, a distance | ||
of 782.64 feet to a calculated point; | ||
4. South 19°53'30" West, a distance of 342.26 feet to a | ||
calculated point; | ||
5. With a curve to the left, having a radius of 499.99 | ||
feet, a delta angle of 41°14'55", an arc length of 359.95 | ||
feet, and a chord which bears South 00°43'58" East, a distance | ||
of 352.23 feet to a calculated point; | ||
6. South 21°21'01" East, a distance of 1149.03 feet to a | ||
calculated point; | ||
7. With a curve to the right, having a radius of 800.00 | ||
feet, a delta angle of 04°05'43", an arc length of 57.18 feet, | ||
and a chord which bears South 19°18'34" East, a distance of | ||
57.17 feet to a calculated point; | ||
8. South 27°06'32" West, a distance of 1006.99 feet to a | ||
calculated point; | ||
9. North 62°55'07" West, a distance of 393.93 feet to a | ||
calculated point; | ||
10. South 27°04'42" West, a distance of 1090.01 feet to | ||
a calculated point; | ||
11. South 62°55'07" East, a distance of 393.35 feet to a | ||
calculated point; | ||
12. South 27°05'07" West, a distance of 1284.12 feet to | ||
a calculated point; | ||
13. South 27°11'27" West, a distance of 450.14 feet to a | ||
calculated point; | ||
14. With a curve to the left, having a radius of 1399.96 | ||
feet, a delta angle of 31°05'54", an arc length of 759.86 | ||
feet, and a chord which bears North 77°33'02" West, a distance | ||
of 750.56 feet to a calculated point; | ||
15. South 86°54'01" West, a distance of 948.14 feet to a | ||
calculated point; | ||
16. With a curve to the right, having a radius of | ||
1399.96 feet, a delta angle of 31°17'38", an arc length of | ||
764.63 feet, and a chord which bears North 77°27'10" West, a | ||
distance of 755.16 feet to a calculated point; | ||
17. North 61°48'21" West, a distance of 1135.34 feet to | ||
a calculated point; | ||
18. North 28°11'39" East, a distance of 910.01 feet to a | ||
calculated point; | ||
19. With a curve to the right, having a radius of 431.98 | ||
feet, a delta angle of 53°14'32", an arc length of 401.42 | ||
feet, and a chord which bears North 58°50'30" East, a distance | ||
of 387.13 feet to a calculated point; | ||
20. North 16°01'51" West, a distance of 256.62 feet to a | ||
calculated point; | ||
21. With a curve to the left, having a radius of 606.85 | ||
feet, a delta angle of 50°15'23", an arc length of 532.29 | ||
feet, and a chord which bears North 37°39'34" West, a distance | ||
of 515.39 feet to a calculated point; | ||
22. North 62°55'18" West, a distance of 292.66 feet to a | ||
calculated point; | ||
23. With a curve to the right, having a radius of | ||
1466.51 feet, a delta angle of 180°00'00", an arc length of | ||
4607.17 feet, and a chord which bears North 27°04'42" East, a | ||
distance of 2933.02 feet to a calculated point; | ||
24. South 62°55'18" East, a distance of 292.66 feet to a | ||
calculated point; | ||
25. With a curve to the left, having a radius of 606.85 | ||
feet, a delta angle of 50°15'23", an arc length of 532.29 | ||
feet, and a chord which bears South 88°11'02" East, a distance | ||
of 515.39 feet to a calculated point; | ||
26. North 70°11'14" East, a distance of 260.49 feet to a | ||
calculated point; | ||
27. With a curve to the right, having a radius of 428.50 | ||
feet, a delta angle of 57°46'46", an arc length of 432.12 | ||
feet, and a chord which bears North 02°55'38" West, a distance | ||
of 414.04 feet to a calculated point; | ||
28. North 25°57'45" East, a distance of 891.49 feet to a | ||
calculated point; | ||
29. With a curve to the right, having a radius of 750.00 | ||
feet, a delta angle of 16°27'44", an arc length of 215.49 | ||
feet, and a chord which bears North 34°11'36" East, a distance | ||
of 214.75 feet to a calculated point; | ||
30. North 42°25'28" East, a distance of 130.83 feet to a | ||
calculated point in the common line of said 138.540 acre | ||
tract and said 380.080 acre tract, from which a 3/4" iron pipe | ||
found for an angle point in said common line bears North | ||
47°34'32" West, a distance of 1131.25 feet; | ||
THENCE South 47°34'32" East, with said common line, a distance of | ||
1475.59 feet to the POINT OF BEGINNING, containing 557.672 acres of | ||
land, more or less. | ||
SAVE AND EXCEPT 0.485 ACRES: | ||
BEING ALL OF A 21,064 SQUARE FOOT TRACT DESCRIBED IN A WARRANTY DEED | ||
AND ACCESS EASEMENT TO CREEDMOOR-MAHA WATER SUPPLY CORPORATION, | ||
DATED MAY 24 1999 AND RECORDED IN DOCUMENT NO. 1999070566 OF THE | ||
OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY TEXAS; SAID 0.485 ACRE | ||
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS | ||
FOLLOWS: | ||
BEGINNING at a 1/2" rebar found for the south corner of said 21,064 | ||
square foot tract, same being an angle point in the southwest line | ||
of said 232.233 acre tract, also being in the northeast line of said | ||
37.390 acre tract; | ||
THENCE North 62°15'58" West, with the southwest line of said 21,064 | ||
square foot tract, same being the northeast line of said 37.390 acre | ||
tract, a distance of 84.16 feet to a 1/2" rebar with Chaparral cap | ||
found for the west corner of said 21,064 square foot tract, same | ||
being an angle point in the southwest line of said 232.233 acre | ||
tract; | ||
THENCE with the common line of said 21,064 square foot tract and | ||
said 232.233 acre tract, the following three (3) courses and | ||
distances: | ||
1. North 27°03'32" East, a distance of 251.09 feet to a | ||
1/2" rebar found; | ||
2. South 62°00'51" East, a distance of 84.16 feet to a | ||
1/2" rebar found; | ||
3. South 27°03'32" West, a distance of 250.72 feet to | ||
the POINT OF BEGINNING, containing 0.485 acres of land, more | ||
or less. | ||
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. Except as provided by Section 4 of this Act: | ||
(1) this Act takes effect immediately if it receives a | ||
vote of two-thirds of all members elected to each house, as provided | ||
by Section 39, Article III, Texas Constitution; and | ||
(2) if this Act does not receive the vote necessary for | ||
immediately effect, this Act takes effect September 1, 2011. |