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  S.B. No. 1982
 
 
 
 
AN ACT
  relating to the creation of the York Valley Municipal Utility
  District; providing authority to impose taxes 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 8247 to read as follows:
  CHAPTER 8247. YORK VALLEY MUNICIPAL UTILITY DISTRICT
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 8247.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the board of directors of the
  district.
               (2)  "Director" means a member of the board.
               (3)  "District" means the York Valley Municipal Utility
  District.
         Sec. 8247.002.  NATURE OF DISTRICT. The district is a
  municipal utility district in Guadalupe County created under and
  essential to accomplish the purposes of Section 59, Article XVI,
  Texas Constitution.
         Sec. 8247.003.  CONFIRMATION ELECTION REQUIRED. The board
  shall hold an election to confirm the creation of the district as
  provided by Section 49.102, Water Code.
         Sec. 8247.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
  (a)  All land and other property included in the district will
  benefit from the improvements and services to be provided by the
  district.
         (b)  The district is created to accomplish:
               (1)  the purposes of a municipal utility district as
  provided by general law; and
               (2)  to the extent authorized by Section 52, Article
  III, Texas Constitution, the construction, acquisition,
  improvement, maintenance, or operation of macadamized, graveled,
  or paved roads, or improvements in aid of those roads.
         Sec. 8247.005.  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 or collect an assessment or tax; or
               (4)  legality or operation.
  [Sections 8247.006-8247.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8247.051.  DIRECTORS; TERMS.  (a)  The district is
  governed by a board of five directors.
         (b)  Except as provided by Section 8247.052, directors serve
  staggered four-year terms.
         Sec. 8247.052.  INITIAL DIRECTORS.  (a)  The initial board
  consists of:
               (1)  Greg Hammonds;
               (2)  Carole Baker;
               (3)  Jimmy Kull;
               (4)  Marcy Steward; and
               (5)  William Meyer.
         (b)  Unless the initial board otherwise agrees, the initial
  directors shall draw lots to determine which two directors shall
  serve until the first regularly scheduled election of directors and
  which three directors shall serve until the second regularly
  scheduled election of directors.
         (c)  This section expires September 1, 2014.
  [Sections 8247.053-8247.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 8247.101.  MUNICIPAL UTILITY DISTRICT POWERS AND
  DUTIES.  (a)  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.
         (b)  The district has the powers and duties necessary to
  accomplish the purposes for which the district is created.
         Sec. 8247.102.  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.
         (b)  A road project must meet all applicable standards,
  regulations, and ordinances of the municipality or county in whose
  jurisdiction the district is located.
         Sec. 8247.103.  DIVISION OF DISTRICT.  (a)  The district may
  be divided into two or more new districts only if the district:
               (1)  has no outstanding bonded debt; and
               (2)  is not imposing ad valorem taxes.
         (b)  Any new district created by the division of the district
  has all the powers and duties of the district.
         (c)  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.
         (d)  The board, on its own motion or on receipt of a petition
  signed by the owners of a majority of the assessed value of real
  property in the district according to the most recent certified
  appraisal roll for the county in which the district is located, may
  adopt an order dividing the district.
         (e)  An order dividing the district shall:
               (1)  name each new district;
               (2)  include the metes and bounds of each new district;
               (3)  appoint temporary directors for each new district;
  and
               (4)  provide for the division of assets and liabilities
  between each new district.
         (f)  On or before the 30th day after the adoption of an order
  dividing the district, the district shall file the order dividing
  the district with the Texas Commission on Environmental Quality and
  record the order in the real property records of the county in which
  the district is located.
         (g)  Any new district created by the division of the district
  shall hold a confirmation and directors' election as required by
  Section 49.102, Water Code.
         (h)  Any new district created by the division of 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
  a maintenance tax or issue bonds payable wholly or partly from ad
  valorem taxes.
         Sec. 8247.104.  FIREFIGHTING AND EMERGENCY MEDICAL
  SERVICES.  (a)  The district may establish, operate, and maintain,
  or contract with another political subdivision for the joint
  operation of, a fire department to perform all firefighting and
  emergency medical services in the district in accordance with
  Subchapter L, Chapter 49, Water Code.
         (b)  The district may issue bonds or impose a mandatory fee,
  with voter approval, for financing a fire plan approved in
  accordance with Section 49.351, Water Code, including the
  construction and purchase of necessary buildings, facilities,
  land, and equipment and the provision of an adequate water supply.
  [Sections 8247.105-8247.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8247.151.  ELECTIONS REGARDING TAXES OR BONDS.
  (a)  The district may issue, without an election, bonds and other
  obligations secured by revenue or contract payments from any source
  other than ad valorem taxation.
         (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 operation and maintenance tax or
  issue bonds payable from ad valorem taxes.
         Sec. 8247.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8247.151, 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.
  [Sections 8247.153-8247.200 reserved for expansion]
  SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
         Sec.  8247.201.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS. (a)  The district may issue bonds or other
  obligations payable wholly or partly from ad valorem taxes, impact
  fees, revenue, grants, or other district money, or any combination
  of those sources, to pay for any authorized district purpose.
         (b)  The district may not issue bonds to finance projects
  authorized by Section 8247.102 unless the issuance is approved by a
  vote of a two-thirds majority of the voters of the district voting
  at an election called for that purpose.
         (c)  Bonds or other obligations issued or incurred to finance
  projects authorized by Section 8247.102 may not exceed one-fourth
  of the assessed value of the real property in the district.
         Sec. 8247.202.  TAXES FOR BONDS. At the time bonds payable
  wholly or partly from ad valorem taxes are issued:
               (1)  the board shall impose a continuing direct annual
  ad valorem tax, without limit as to rate or amount, for each year
  that all or part of the bonds are outstanding; and
               (2)  the district annually shall impose an ad valorem
  tax on all taxable property in the district in an amount sufficient
  to:
                     (A)  pay the interest on the bonds as the interest
  becomes due;
                     (B)  create a sinking fund for the payment of the
  principal of the bonds when due or the redemption price at any
  earlier required redemption date; and
                     (C)  pay the expenses of imposing the taxes.
         SECTION 2.  The York Valley Municipal Utility District
  initially includes all the territory contained in the following
  area:
  PART 1:
  Being a 1,495.541 acre tract of land situated in the Solomon Barnes
  Survey, Abstract No. 56, the William Burnett Survey, Abstract No.
  73, the Wakefield & Stewart Survey, Abstract No. 326, and the
  Gustavos Chotwell Survey, Abstract No. 85, Guadalupe County, Texas,
  and being all of a tract called Tract Two, called 1,241.414 acres
  described in Volume 2273, Pages 447-460, all of a 160.372 acre tract
  described in Volume 1673, Page 158 and all of a tract called 94.118
  acres described in Volume 1801, Page 589, all of the Official Public
  Records of Guadalupe County, Texas, and all bearings referred to in
  this description are referenced to Geodetic or True North based on
  GPS Observations, said 1,495.541 acre tract of land surveyed under
  the supervision of Richard A. Goodwin, RPLS #4069, S. Craig
  Hollmig, Inc., and being more particularly described as follows:
  BEGINNING: At a 3/4" iron pipe found in the approximate Southeast
  line of the Solomon Barnes Survey, the approximate Northwest line
  of the William Burnett Survey, for the North corner of a 36.256 acre
  tract recorded in Volume 1156, Pages 289-291 of the Official Public
  Records of Guadalupe County, Texas, for a re-entrant corner of the
  above referenced 1,241.414 acre tract, for a corner of this tract;
  THENCE: Generally with fence, the Northwest line of said 36.256
  acre tract, the Southeast line of the above referenced 1,241.414
  acre tract, S 48° 42' 51" W at 1452.17 feet a 1/2" iron pin found in
  the Northeast line of County Road #241 (Wade Road), and continuing a
  total distance of 1474.61 feet to a 1/2" iron pin found for a South
  corner of the above referenced 1241.414 acre tract, for a corner of
  this tract;
  THENCE: With the centerline of County Road #241 (Wade Road), a
  Southwest line of the above referenced 1241.414 acre tract, N 42°
  32' 02" W 10.14 feet to a 1/2" iron pin found for an interior corner
  of the above referenced 1241.414 acre tract, for an interior corner
  of this tract;
  THENCE: Continuing with the centerline of County Road #241 (Wade
  Road), S 48° 15' 01" W 725.50 feet to a 1/2" iron pin found at the
  intersection of the centerline of County Road #241 (Wade Road),
  with the centerline of County Road #241-A (York Creek Crossing),
  for a South corner of the above referenced 1241.414 acre tract, for
  the South corner of this tract;
  THENCE: With the centerline of County Road #241-A (York Creek
  Crossing), a Southwest line of the above referenced 1241.414 acre
  tract, N 41° 27' 31" W 1036.00 feet to a 1/2" iron pin found for a
  West corner of the above referenced 1241.414 acre tract, for a West
  corner of this tract;
  THENCE: With a Northwest line of the above referenced 1241.414 acre
  tract, N 49° 26' 38" E 22.56 feet to a 4" pipe post situated on the
  North line of said County Road #241-A (York Creek Crossing), for
  South corner of the above referenced 94.118 acre tract, for a corner
  of this tract;
  THENCE: With the North line of County Road #241-A (York Creek
  Crossing), the Southwest line of the above referenced 94.118 acre
  tract, N 41° 07' 48" W 2175.16 feet to a 10" corner post in same, for
  the West corner of the above referenced 94.118 acre tract, the South
  corner of the above referenced 160.372 acre tract, for a corner of
  this tract;
  THENCE: Continuing with the North line of County Road #241-A (York
  Creek Crossing), the South line of the above referenced 160.372
  acre tract, N 41° 30' 48" W 137.47 feet to a 1 1/2" pipe post, N 41°
  03' 33" W 1036.19 feet to a 2" pipe post, N 40° 49' 39" W 260.40 feet
  to a 3" pipe post and N 41° 32' 52' W 58.16 feet to a 3" pipe post, and
  N 40° 36' 14" W 706.44 feet to a 1/2" iron pin found in same, for the
  South corner of a 100.00 acre tract recorded in Volume 1650, Page
  762 of the Official Public Records of Guadalupe County, Texas, for a
  West corner of the above referenced 160.372 acre tract, for a West
  corner of this tract;
  THENCE: Leaving County Road #241-A (York Creek Crossing), N 49° 23'
  38" E 3270.85 feet to a 1/2" iron pin found for the East corner of
  said 100.00 acre tract, the North corner of the above referenced
  160.372 acre tract, situated on the Southwest line of the above
  referenced 1241.414 acre tract, for an interior corner of this
  tract;
  THENCE: With said Southwest line, N 41° 28' 20" W 1007.42 feet to a
  3" pipe post for an interior corner of that certain 206.749 acre
  tract, Exhibit "H", recorded in Volume 1245, Pages 217-243 of the
  Official Public Records of Guadalupe County, Texas, for the West
  corner of the above referenced 1241.414 acre tract, for a West
  corner of this tract;
  THENCE: With fence, the Northwest line of the above referenced
  1241.414 acre tract, as follows:
  N 48° 38' 58" E    888.68 feet, a 1/2" iron pin found
  N 48° 27' 59" E    1295.63 feet, a 1/2" iron pin found
  N 48° 25' 29" E    1476.85 feet, a 1/2" iron pin found
  N 48° 19' 29" E    1445.81 feet, a 1/2" iron pin found
  N 48° 14' 16" E    1389.77 feet, a 3" pipe post in the Southwest
  line of County Road #242 (Bylerpool Road), for the North corner of
  the above referenced 1241.414 acre tract, for the North corner of
  this tract;
  THENCE: With the Southwest line of County Road #242 (Bylerpool
  Road), a Northeast line of the above referenced 1241.414 acre
  tract, S 41° 16' 03" E 18.26 feet to a 1/2" iron pin found for an
  interior corner of the above referenced 1241.414 acre tract, for an
  interior corner of this tract;
  THENCE: Into said County Road #242 (Bylerpool Road), with a
  Northwest line of the above referenced 1241.414 acre tract, N 49°
  25' 04" E 22.50 feet to a 1/2" iron pin found in the centerline of
  County Road #242 (Bylerpool Road), for the West corner of a 582.060
  acre tract, called Tract One, described in Volume 2273, Page 447 of
  the Official Public Records of Guadalupe County, Texas, for a North
  corner of this tract;
  THENCE: With the centerline of County Road #242 (Bylerpool Road),
  the Southwest line of said 582.060 acre tract, S 40° 46' 35" E
  6174.46 feet to a P.K. nail found in same, for an East corner of the
  above referenced 1241.414 acre tract, for an East corner of this
  tract;
  THENCE: With the common line between the above referenced 1241.414
  acre tract and an 89.24 acre tract recorded in Volume 1125, Pages
  269-272 of the Official Public Records of Guadalupe County, Texas,
  S 47° 39' 53" W at 22.74 feet a 1/2" iron pin found and continuing a
  total distance of 883.08 feet to a 1/2" iron pin found and
  continuing with said common line, S 40° 44' 14" E 1010.58 feet to a
  1/2" iron pin found, S 48° 45' 15" W 4335.00 feet to a 1/2" iron pin
  found, and S 42° 05' 24" E at 318.26 feet, a 1/2" iron pin found at a
  corner post at the North corner of County Road #241 (Wade Road), and
  continuing a total distance of 335.72 feet to a 1/2" iron pin found
  for an East corner of the above referenced 1241.414 acre tract, for
  an East corner of this tract;
  THENCE: With the centerline of County Road #241 (Wade Road), a
  Southeast line of the above referenced 1241.414 acre tract, S 49°
  13' 22" W 2346.24 feet to a 1/2" iron pin found in same, for a South
  corner of the above referenced 1241.414 acre tract, for a South
  corner of this tract;
  THENCE: With a Southwest line of the above referenced 1241.414 acre
  tract, the Northeast line of the above referenced 36.256 acre
  tract, N 41° 21' 18" W at 17.20 feet a 1/2" iron pin found in the
  Northwest line of County Road #241 (Wade Road), and continuing a
  total distance of 1113.55 feet to the Point of Beginning and
  containing 1,495.541 acres of land, more or less.
  PART 2:
  Being a 581.850 acre tract of land, being approximately 144.81
  acres out of the Gustavos Chotwell Survey, Abstract No. 85 and
  approximately 437.04 acres out of the George Allen Survey, Abstract
  No. 1, Guadalupe County, Texas, said 581.850 acre tract being the
  same tract, called Tract One, called 582.060 acres, as described in
  Volume 2273, Pages 447-460 of the Official Public Records of
  Guadalupe County, Texas, and all bearings referred to are based
  upon Geodetic or True North from GPS observations, said 581.850
  acre tract of land surveyed under the supervision of Richard A.
  Goodwin, RPLS #4069, S. Craig Hollmig, Inc., and being more
  particularly described as follows:
  BEGINNING: At a 5/8" iron bar found in the center of a creek, in the
  South line of a 250 acre tract described in Volume 1272, Pages
  171-173 of the Official Public Records of Guadalupe County, Texas,
  for the East corner of a 253.25 acre tract described in Volume 895,
  Pages 546-548 of the Official Public Records of Guadalupe County,
  Texas, for the North corner of the above referenced 582.060 acre
  tract, for the North corner of this tract;
  THENCE: With an unfenced line, the South line of said 250 acre
  tract, the North line of the above referenced 582.060 acre tract, S
  86° 25' 20" E 721.72 feet to a 3/4" iron pipe found in the Northwest
  line of a 250 acre tract described in Volume 1275, Pages 995-999 of
  the Official Public Records of Guadalupe County, Texas, for a
  Southeast corner of said 250 acre tract (1272/171-173), for a
  Northeast corner of the above referenced 582.060 acre tract, for a
  Northeast corner of this tract;
  THENCE: With a West line of said 250 acre tract (1275/995-999), the
  East line of the above referenced 582.060 acre tract, S 10° 05' 03" E
  30.78 feet to a 1/2" iron pin found and continuing with the
  Southeast line of the above referenced 582.060 acre tract, S 75° 34'
  44" W 545.80 feet to a 1/2" iron pin found and S 49° 07' 04" W 1884.77
  feet to a 1/2" iron pin found at a fence corner post, for the West
  corner of said 250 acre tract (1275/995-999), a re-entry corner of
  the above referenced 582.060 acre tract, for a corner of this tract;
  THENCE: Generally with fence, the Southwest line of said 250 acre
  tract (1275/995-999), the Northeast line of the above referenced
  582.060 acre tract, S 40° 48' 01" E 4203.59 feet to a 1/2" iron pin
  found in the Northwest line of a 208 acre tract described in Volume
  242, Pages 569-570 of the Deed Records of Guadalupe County, Texas,
  for an East corner of the above referenced 582.060 acre tract, for
  an East corner of this tract;
  THENCE: Generally with fence, the Northwest and Southwest lines of
  said 208 acre tract, S 48° 35' 34" W 1167.35 feet to a 3" pipe post
  and S 41° 20' 40" E 1069.00 feet to a 1/2" iron pin found for the
  North corner of a 116 acre tract recorded in Volume 525, Pages
  150-152 of the Deed Records of Guadalupe County, Texas, for an East
  corner of the above referenced 582.060 acre tract, for an East
  corner of this tract;
  THENCE: Generally with fence, the Northwest line of said 116 acre
  tract, S 48° 41' 07" W 3430.99 feet to a P.K. nail found in the
  centerline of Bylerpool Road (County Road #242), for the South
  corner of the above referenced 582.060 acre tract, for the South
  corner of this tract;
  THENCE: With the centerline of Bylerpool Road (County Road #242),
  the Southwest line of the above referenced 582.060 acre tract, N 40°
  46' 35" W at 203.75 feet a P.K. nail found in same, for the East
  corner of that certain 1,241.414 acre tract, called Tract Two,
  described in Volume 2273, Page 447 of the Official Public Records of
  Guadalupe County, Texas, and continuing a total distance of 6378.22
  feet to a 1/2" iron pin found for the North corner of said 1,241.414
  acre tract, the West corner of the above referenced 582.060 acre
  tract, for the West corner of this tract;
  THENCE: With the centerline of Bylerpool Road (County Road #242), a
  Northwest line of the above referenced 582.060 acre tract, N 49° 25'
  04" E 476.65 feet to a 1/2" iron pin found for a North corner of the
  above referenced 582.060 acre tract, for the North corner of this
  tract;
  THENCE: With a Northeast line of the above referenced 582.060 acre
  tract, S 41° 22' 01" E 773.33 feet to a 3" pipe post for the South
  corner of a 253.25 acre tract described in Volume 895, Pages 546-548
  of the Official Public Records of Guadalupe County, Texas, for a
  corner of this tract;
  THENCE: With the Southeast line of said 253.25 acre tract, the
  Northwest line of the above referenced 582.060 acre tract,
  generally with fence, N 49° 14' 57" E 4101.85 feet to a 1/2" iron pin
  found and N 48° 58' 09" E 1872.83 feet to the Point of Beginning and
  containing 581.850 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 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, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1982 passed the Senate on
  May 8, 2007, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1982 passed the House on
  May 11, 2007, by the following vote:  Yeas 144, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor