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  S.B. No. 1041
 
AN ACT
relating to the creation of the Los Fresnos Municipal Utility
District No. 2 of Cameron County; providing authority to impose a
tax and issue bonds; granting the 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 8175 to read as follows:
CHAPTER 8175.  LOS FRESNOS MUNICIPAL UTILITY DISTRICT
NO. 2 OF CAMERON COUNTY
SUBCHAPTER A.  GENERAL PROVISIONS
       Sec. 8175.001.  DEFINITIONS. In this chapter:
             (1)  "Board" means the district's board of directors.
             (2)  "Director" means a board member.
             (3)  "District" means the Los Fresnos Municipal Utility
District No. 2 of Cameron County.
       Sec. 8175.002.  NATURE OF DISTRICT. The district is a
municipal utility district in Cameron County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution.
       Sec. 8175.003.  CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8175.024 before September 1, 2011:
             (1)  the district is dissolved September 1, 2011,
except that:
                   (A)  any debts incurred shall be paid;
                   (B)  any assets that remain after the payment of
debts shall be transferred to Cameron County; 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, 2014.
       Sec. 8175.004.  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:
             (1)  the organization, existence, or validity of the
district;
             (2)  the right of the district to impose taxes;
             (3)  the validity of the district's bonds, notes, or
indebtedness; or
             (4)  the legality or operation of the district or the
board.
[Sections 8175.005-8175.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
       Sec. 8175.021.  TEMPORARY DIRECTORS.  (a)  The temporary
board consists of:
             (1)  Horacio Barrera;
             (2)  Nilo Ortiz;
             (3)  Dennis Parker;
             (4)  Rebecca Rodriguez; and
             (5)  Jon Waters.
       (b)  If a temporary director fails to qualify for office, the
Texas Commission on Environmental Quality shall appoint a person to
fill the vacancy.
       (c)  Temporary directors serve until the earlier of:
             (1)  the date directors are elected under Section
8175.024; or
             (2)  the date this chapter expires under Section
8175.003.
       Sec. 8175.022.  ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 49.055, Water Code, the
temporary directors shall meet at a location in the district
agreeable to a majority of the directors. If a location cannot be
agreed upon, the directors shall meet at the Cameron County
Courthouse. At the meeting, the temporary directors shall elect
officers from among the temporary directors and conduct any other
district business.
       Sec. 8175.023.  CONSENT OF MUNICIPALITY REQUIRED.  The
temporary directors may not hold an election under Section 8175.024
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has adopted a
resolution consenting to the creation of the district.
       Sec. 8175.024.  CONFIRMATION AND INITIAL DIRECTORS'
ELECTION.  The temporary directors shall hold an election to
confirm the creation of the district and to elect five directors as
provided by Section 49.102, Water Code.
       Sec. 8175.025.  INITIAL ELECTED DIRECTORS; TERMS.  The
directors elected under Section 8175.024 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors and which three shall serve until the second
regularly scheduled election of directors.
       Sec. 8175.026.  EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2014.
[Sections 8175.027-8175.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
       Sec. 8175.051.  DIRECTORS; TERMS. (a)  The district is
governed by a board of five directors.
       (b)  Directors serve staggered four-year terms.
[Sections 8175.052-8175.100 reserved for expansion]
SUBCHAPTER C.  POWERS AND DUTIES
       Sec. 8175.101.  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. 8175.102.  ROAD PROJECTS. (a)  To the extent
authorized by Section 52, Article III, Texas Constitution, the
district may construct, acquire, improve, maintain, or operate
macadamized, graveled, or paved roads, or improvements in aid of
those roads, inside the district.
       (b)  A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulatory
ordinances or orders of each municipality in whose corporate limits
or extraterritorial jurisdiction the district is located.
       (c)  The district may not undertake a road project unless
each municipality in whose corporate limits or extraterritorial
jurisdiction the district is located consents by ordinance or
resolution.
       Sec. 8175.103.  DIVISION OF DISTRICT.  (a)  The district may
be divided into two new districts only if the district:
             (1)  has no outstanding bonded debt; and
             (2)  is not imposing ad valorem taxes.
       (b)  The division procedure is prescribed by Sections 53.030
through 53.041, Water Code.
       (c)  Any new district created by the division of the district
has all the powers and duties of the district.
       (d)  Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
       Sec. 8175.104.  COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCES OR RESOLUTIONS. The district shall comply with all
applicable requirements of any ordinance or resolution adopted by
the city council of the City of Los Fresnos that consents to the
creation of the district.
[Sections 8175.105-8175.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
       Sec. 8175.151.  TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of or interest on bonds or other
obligations issued under Section 8175.201.
[Sections 8175.152-8175.200 reserved for expansion]
SUBCHAPTER E.  BONDS
       Sec. 8175.201.  AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a)  The district may issue bonds or other
obligations as provided by Chapters 49 and 54, Water Code, to
finance the construction, maintenance, or operation of a project
under Section 8175.101 or 8175.102.
       (b)  The district may not issue bonds or other obligations to
finance projects authorized by Section 8175.102 unless the issuance
is approved by a vote of a two-thirds majority of the district
voters voting at an election called for that purpose.
       (c)  Bonds or other obligations issued or incurred to finance
projects authorized by Section 8175.102 may not exceed one-fourth
of the assessed value of the real property in the district.
       SECTION 2.  The Los Fresnos Municipal Utility District No. 2
of Cameron County includes all the territory contained in the
following area:
       A 747.21 Acre Tract of land in Share 19, Espiritu Santo Grant,
Cameron County, Texas; consisting of all of Block 1, Benavides
Tract Subdivision of Paredes Tract 41 (Vol. 8, Pg. 62, O.R.C.C.TX),
all of Tract 42, Subdivision "E" of Paredes Partition of Share 19
(Vol. 11, Pg. 57, O.R.C.C.TX), 184.935 Acres out of Tract 44,
Subdivision "F" of Paredes Partition of Share 19 and 122.349 Acres
out of Tract 45, Subdivision "F" of Paredes Tract Subdivision; said
747.21 Acre Tract being more particularly described as follows:
       BEGINNING at a point on the centerline of F.M. 1847 (100 Ft.
R.O.W.), for the Southwest corner of The Cole Tract as recorded in
Volume 4, Page 20 of the Cameron County Map Records and for the
Northwest corner of Tract 42 and a Northwest corner of this tract;
       THENCE, along the common line between said Cole Tract and
Tract 42, South 85 Deg. 38 Min. East, at a distance of 50.00 feet
passing the East right-of-way line of F.M. 1847, a total distance of
2038.00 feet to the Southeast corner of said Cole Tract and a
Southwest corner of Tract 45 of Subdivision "F" of Paredes
Partition of Share 19, for a corner of this tract;
       THENCE, North 4 Deg. 22 Min. East, along the East line of the
Cole Tract and West line of Tract 45, a distance of 1134.99 feet to
the Southwest corner of an 8.709 Acre Tract of land (Vol. 5390, Pg.
78, O.R.C.C.TX.) for a corner of this tract;
       THENCE, South 84 Deg. 53 Min. 17 Sec. East, along the South
line of said 8.709 Acre Tract, a distance of 1259.11 feet to the
Southeast corner of said 8.709 Acre Tract, for a corner of this
tract;
       THENCE, North 05 Deg. 58 Min. 19 Sec. East, at a distance of
1120.34 passing the Northeast corner of said 8.709 Acre Tract and
continuing a total distance of 1422.99 feet to the South
right-of-way line of State Highway 100, for the Northernmost
Northwest corner of this tract;
       THENCE, South 84 Deg. 55 Min. 00 Sec. East, along the South
right-of-way line of State Highway 100, a distance of 439.91 feet;
       THENCE, South 85 Deg. 09 Min. East, continuing along the
South right-of-way line of State Highway 100 a distance of 1074.50
feet to a point on the East line of Tract 45, for a Northeast corner
of this tract;
       THENCE, South 04 Deg. 23 Min. 38 Sec. West, along the common
line between Tract 45 and Tract 46, a distance of 909.56 feet to a
Northwest corner of a certain 120.00 Acre Tract described in Vol.
12936, Page 104 of the Official Records of Cameron County, Texas for
a corner of this tract;
       THENCE, South 85 Deg. 04 Min. 56 Sec. East, a distance of
557.25 feet to an interior corner of said 120.00 Acre Tract, for an
interior corner of this tract,
       THENCE, North 04 Deg. 55 Min. 04 Sec. East, a distance of
559.52 feet to an interior corner of said 120.00 Acre tract, for an
interior corner of this tract;
       THENCE, North 85 Deg 04 Min. 56 Sec. West, a distance of
215.57 feet to a corner of said 120 00 Acre Tract, for a corner of
this tract;
       THENCE, North 04 Deg. 55 Min. 04 Sec. East, a distance of
350.00 feet to a point on the South right-of-way line of State
Highway 100, for the Northernmost Northwest corner of said 120.00
Acre Tract for a corner of this tract;
       THENCE, South 85 Deg. 04 Min. 56 Sec. East, along the South
right-of-way line of State Highway 100, at a distance of 1895.60
feet passing the Northeast corner of said 120.00 Acre Tract and
Northwest corner of a certain 65.00 Acre Tract described in Volume
12936, Page 110 of the Official Records of Cameron County, Texas, a
total distance of 3027.68 feet to the Northeast corner of said 65.00
Acre tract, for the Northernmost Northeast corner of this tract,
       THENCE, South 04 Deg. 26 Min. 45 Sec. West, along the East
line of said 65.00 Acre Tract, a distance of 2500.62 feet to a point
on the South line of Tract 44 and North line of Tract 42 Paredes
Partition Subdivision "E," for the Southeast corner of said 65.00
Acre Tract and a corner of this tract;
       THENCE, South 85 Deg. 33 Min. 45 Sec. East, along the North
line of Tract 42, a distance of 2942.00 feet to the Northeast corner
of Tract 42, for a Northeast corner of this tract,
       THENCE, South 04 Deg. 26 Min. West, along the East line of
said Tract 42, a distance of 1400.32 feet to the Southeast corner of
Tract 42 and Northeast corner of the above referenced Block 1,
Benavides Tract Subdivision;
       THENCE, South 04 Deg. 25 Min. West, along the East line of
said Block 1, a distance of 1400.16 feet to the Southeast corner of
Block 1, for the Southeast corner of this tract;
       THENCE, North 85 Deg. 35 Min. West, along the South line of
Block 1, a distance of 2500.00 feet to the Southwest corner of Block
I, for the Southernmost Southwest corner of this tract;
       THENCE, North 04 Deg. 25 Min. East, along the West line of
Block 1, a distance of 1400.16 feet to a point on the South line of
Tract 42, for the Northwest corner of Block 1 and a corner of this
tract,
       THENCE, North 85 Deg. 35 Min. West, along the South line of
Tract 42, a distance of 8679.50 feet to the Southwest corner of
Tract 42, said point lying on the centerline of F.M. 1847, for the
Southwest corner of this tract;
       THENCE, North 04 Deg. 56 Min, East, along the West line of
Tract 42 and centerline of F.M. 1847, a distance of 1400.90 feet to
the POINT OF BEGINNING.
       CONTAINING 747.21 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.  This Act takes effect September 1, 2007.
____________________________________________________________
President of the Senate             Speaker of the House
       I hereby certify that S.B. No. 1041 passed the Senate on
April 26, 2007, by the following vote:  Yeas 31, Nays 0.
______________________________ 
   Secretary of the Senate
       I hereby certify that S.B. No. 1041 passed the House on
May 4, 2007, by the following vote:  Yeas 144, Nays 0, two present
not voting.
______________________________ 
   Chief Clerk of the House
Approved:
______________________________ 
______________________________ 
            Date
______________________________ 
______________________________ 
          Governor