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relating to the creation of the Bell County Municipal Utility |
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District No. 3; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7936 to read as follows: |
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CHAPTER 7936. BELL COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7936.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Bell County Municipal Utility |
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District No. 3. |
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Sec. 7936.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 7936.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 7936.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 7936.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 7936.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7936.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 7936.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 7936.052, directors serve |
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staggered four-year terms. |
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Sec. 7936.052. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7936.003; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 7936.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 7936.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 7936.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7936.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7936.103. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7936.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 7936.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 7936.106. DIVISION OF DISTRICT. (a) The district may |
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be divided into two or more districts only if: |
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(1) the district has no outstanding bonded debt; |
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(2) the district is not imposing ad valorem taxes; and |
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(3) the requirements of Subsection (i), as applicable, |
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are satisfied. |
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(b) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(c) A new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act creating this |
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chapter. |
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(d) The board, on its own motion or on receipt of a petition |
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signed by the owner or owners of a majority of the assessed value of |
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the real property in the district, may adopt an order dividing the |
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district. |
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(e) The board may adopt an order dividing the district |
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before or after the date the board holds an election under Section |
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7936.003 to confirm the district's creation. |
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(f) An order dividing the district shall: |
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(1) name each new district; |
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(2) include the metes and bounds of each new district; |
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(3) appoint temporary directors for each new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between the district and each new district. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the Texas Commission on Environmental Quality and record the |
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order in the real property records of each county in which the |
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district is located. |
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(h) A new district created by the division of the district |
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shall hold a confirmation and directors' election as required by |
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Section 7936.003. |
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(i) If the district is located wholly or partly in the |
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corporate limits or the extraterritorial jurisdiction of a |
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municipality, the district may not divide under this section unless |
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the municipality by resolution or ordinance consents to the |
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division of the district. If the district is not located wholly or |
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partly in the corporate limits or extraterritorial jurisdiction of |
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a municipality, the district may not divide under this section |
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unless the commissioners court of each county in which the district |
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is wholly or partly located first adopts a resolution or order in |
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support of the division of the district. |
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(j) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 7936.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 7936.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7936.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 7936.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 7936.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 7936.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7936.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
|
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or part of the bonds are outstanding as required and in the manner |
|
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7936.203. BONDS FOR ROAD PROJECTS. At the time of |
|
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issuance, the total principal amount of bonds or other obligations |
|
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issued or incurred to finance road projects and payable from ad |
|
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valorem taxes may not exceed one-fourth of the assessed value of the |
|
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real property in the district. |
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SECTION 2. The Bell County Municipal Utility District No. 3 |
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initially includes all the territory contained in the following |
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area: |
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1221.63 ACRES, situated in the J. GREENWOOD SURVEY, ABSTRACT |
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367, the D. F. HAIR SURVEY, ABSTRACT 1088, the CYNTHIA GILBERT |
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SURVEY, ABSTRACT 346, the J. KIZZIER SURVEY, ABSTRACT 496, the W. S. |
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BLACK SURVEY, ABSTRACT 128, and the PRESTON CONLEY SURVEY, ABSTRACT |
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213, Bell County, Texas, embracing all of a called 425.18 Acre tract |
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conveyed as Tract One, all of a called 382.61 Acre tract, conveyed |
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as Tract Two, and all of a called 413.72 Acre tract, conveyed as |
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Tract Three, to Whitis Land Investments, Ltd. in Document |
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No. 2013-00000874, Official Public Records of Real Property, Bell |
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County, Texas, and being more particularly described as follows: |
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BEGINNING at a point at the northwest corner of said 413.73 |
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Acre tract, being the northeast corner of a portion of called 1748.4 |
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Acres conveyed as the Sixth Tract to Solana Ranch Company in Volume |
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621, Page 624, Deed Records of Bell County, Texas, and being on the |
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south line of F. M. 2843, for the northwest corner of the herein |
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described tract; |
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THENCE, in an easterly direction, with the south line of said |
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F. M. 2843, S 71° 26' 42" E - 905.35', to a point at the northwest |
|
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corner of a called 4 Acre tract conveyed to David R. Cummings and |
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wife, Cari S. Cummings in Volume 2972, Page 399, Official Public |
|
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Records of Real Property, Bell County, Texas; |
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THENCE, in a southerly direction, with the west line of said 4 |
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Acre tract, S 09° 05' 25" W - 569.33', to a point at the southwest |
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corner of said 4 Acre tract, for an interior corner of the herein |
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described tract; |
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THENCE, in an easterly direction, with the south line of said |
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4 Acre tract and the south line of a tract conveyed to Michael L. |
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Shobe and wife, Susan C. Shobe in Volume 4849, Page 517, Official |
|
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Public Records of Real Property, Bell County, Texas, N 87° 55' 33" E |
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- 1018.04', to a point for an interior corner of the herein |
|
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described tract; |
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THENCE, in a northerly direction, with the east line of said |
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Shobe tract, N 04° 13' 09" W - 386.78', to a point at the northeast |
|
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corner of said Shobe tract, being on the south line of said F. M. |
|
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2843; |
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THENCE, in an easterly direction, with the south line of said |
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F. M. 2843, S 88° 36' 25" E - 64.47', to a point at the northwest |
|
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corner of a called 21.5 Acre tract conveyed to Bradley Leo Buckley |
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and Susan Carol in Volume 5671, Page 475, Official Public Records of |
|
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Real Property, Bell County, Texas; |
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THENCE, in a southerly direction, with the west line of said |
|
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21.5 Acre tract, S 04° 25' 29" E - 876.99', to a point at the |
|
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southwest corner of said 21.5 Acre tract, for an interior corner of |
|
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the herein described tract; |
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THENCE, in an easterly direction, with the south line of said |
|
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21.5 Acre tract, the following calls: |
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1. N 76° 16' 53" E - 169.62', a point, |
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2. N 80° 44' 30" E - 216.92', a point, |
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3. N 81° 53' 49" E - 76.48', a point, |
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4. N 85° 10' 57" E - 140.54', a point, |
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5. N 86° 49' 14" E - 108.17', a point, |
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6. S 84° 56' 18" E - 60.02', a point, |
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7. S 71° 35' 53" E - 123.69', a point, |
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8. S 64° 12' 49" E - 100.03', a point, |
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9. S 54° 37' 38" E - 29.23', a point, |
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10. S 30° 56' 02" W - 59.70', a point, and |
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11. S 87° 16' 17" E - 159.70', to a point; |
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THENCE, in a northeasterly direction, with the south line of |
|
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said 21.5 Acre tract, and the south line of a called 12.35 Acre |
|
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tract conveyed to Elmer L. Edens and wife, Susan Edens in Volume |
|
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2235, Page 345, Deed Records of Bell County, Texas, N 55° 00' 45" E - |
|
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1135.09', to a point at the southeast corner of said 12.35 Acre |
|
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tract, for an interior corner of the herein described tract; |
|
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THENCE, in a northerly direction, with the east line of said |
|
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12.35 Acre tract, N 19° 39' 56" W - 260.68', to a point on the south |
|
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line of said F. M. 2843; |
|
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THENCE, in an easterly direction, with the south line of said |
|
|
F. M. 2843, the following calls: |
|
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1. S 89° 03' 11" E - 103.73', a point, |
|
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2. S 35° 21' 24" E - 151.15', a point, |
|
|
3. N 79° 27' 44" E - 110.78', a point, |
|
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4. N 02° 29' 25" E - 69.54', a point, |
|
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5. S 88° 57' 06" E - 529.69', a point, and |
|
|
6. N 79° 03' 04" E - 182.00', to a point at the beginning |
|
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of a curve to the left; |
|
|
THENCE, continuing in said easterly direction, with said |
|
|
curve to the left; having a radius of 1960.00', a delta angle of 41° |
|
|
50' 25", and a long chord which bears N 65° 03' 32" E - 1399.70'; an |
|
|
arc length of 1431.29', to a point; |
|
|
THENCE, in a northeasterly direction, continuing with the |
|
|
south line of said F. M. 2843, N 44° 05' 40" E - 973.61', to a point |
|
|
at a cut-back corner on the west line of Triangle Road; |
|
|
THENCE, in an easterly direction, with said cut-back, S 85° |
|
|
29' 15" E - 78.40', to a point on the west line of said Triangle |
|
|
Road, for the northeast corner of the herein described tract; |
|
|
THENCE, in a southerly direction, with the west line of said |
|
|
Triangle Road, S 21° 45' 59" E - 836.91', a point, and S 29° 42' 54" E |
|
|
- 333.97', to a point at the northeast corner of a called 0.54 Acre |
|
|
tract conveyed to Claude F. Ray, Jr. in Volume 1855, Page 67, Deed |
|
|
Records of Bell County, Texas; |
|
|
THENCE, in a westerly direction, with the north line of said |
|
|
0.54 Acre tract, S 69° 23' 34" W - 122.70', to a point at the |
|
|
northwest corner of said 0.54 Acre tract, for an interior corner of |
|
|
the herein described tract; |
|
|
THENCE, in a southerly direction, with the west line of said |
|
|
0.54 Acre tract, S 20° 00' 24" E - 193.13', to a point at the |
|
|
southwest corner of said 0.54 Acre tract, for an interior corner of |
|
|
the herein described tract; |
|
|
THENCE, in an easterly direction, with the south line of said |
|
|
0.54 Acre tract, N 68° 36' 05" E - 120.11', to a point on the west |
|
|
line of said Triangle Road; |
|
|
THENCE, in a southerly direction, with the west line of said |
|
|
Triangle Road, S 20° 53' 53" E - 1698.33', to a point at the |
|
|
southeast corner of said 413.72 Acre tract, being the north line of |
|
|
said 382.61 Acre tract, for an interior corner of the herein |
|
|
described tract; |
|
|
THENCE, in an easterly direction, N 68° 36° 05" E - 120.11', to |
|
|
a point in the approximate center of said Triangle Road, being the |
|
|
northeast corner of said 382.61 Acre tract; |
|
|
THENCE, in a southerly direction, with the east line of said |
|
|
382.61 Acre tract, S 21° 58' 20" E - 4514.30', to a point at the |
|
|
southeast corner of said 382.61 Acre tract, being in the |
|
|
approximate center o Kuykendall Branch Road, for the easternmost |
|
|
southeast corner of the herein described tract; |
|
|
THENCE, in a westerly direction, with the approximate center |
|
|
of said Kuykendall Branch Road, S 68° 27' 25" W - 3105.71', to a |
|
|
point at the southernmost southwest corner of said 382.61 Acre |
|
|
tract, being on the east line of said 425.18 Acre tract, same being |
|
|
the northernmost northwest corner of a called 8.15 Acre tract |
|
|
conveyed to Solana Ranch Company in Volume 1009, Page 706, Deed |
|
|
Records of Bell County, Texas, for an interior corner of the herein |
|
|
described tract; |
|
|
THENCE, in a southerly direction, with the northwest line of |
|
|
said 8.15 Acre tract, S 08° 56' 29" E - 1684.60', to a point for the |
|
|
southernmost southeast corner of the herein described tract; |
|
|
THENCE, in a westerly direction, with the boundary of said |
|
|
8.15 Acre tract, S 69° 13' 10" W - 1090.84', to a point at the |
|
|
southeast corner of the remainder of a called 482.6 Acre tract |
|
|
conveyed to Betty Kirkpatrick in Document No. 2009-00014096, |
|
|
Official Public Records of Real Property, Bell County, Texas (being |
|
|
described in Volume 2960, Page 8), for the southernmost southwest |
|
|
corner of the herein described tract; |
|
|
THENCE, in a northerly direction, with the east line of said |
|
|
remainder tract, N 15° 31' 05" W - 1635.44', to a point, being the |
|
|
northeast corner of said remainder tract, for an interior corner of |
|
|
the herein described tract; |
|
|
THENCE, in a westerly direction, with the north line of said |
|
|
remainder tract and the boundary line of said Solana Ranch Company |
|
|
Sixth Tract, S 69° 06' 56" W - 2590.25', to a point, being an |
|
|
interior corner of said Sixth tract, for the southwest corner of the |
|
|
herein described tract; |
|
|
THENCE, in a northerly direction, with the eastern line of |
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said Solana Ranch Company Sixth Tract, same being the west line of |
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said 425.18 Acre tract, N 20° 40' 42" W - 3015.90', to a point at the |
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westernmost southwest corner of said 413.72 Acre tract; |
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THENCE, continuing in said northerly direction, with the east |
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line of said Solana Ranch Company Sixth tract, same being the west |
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line of said 413.72 Acre tract, the following calls: |
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1. N 26° 54' 27" W - 315.49', a point, |
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2. N 19° 45' 15" W - 1314.07', a point, |
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3. N 20° 35' 30" W - 517.20', a point, |
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4. N 12° 20' 23" W - 253.30', a point, |
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5. N 12° 44' 27" W - 647.98', a point, |
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6. N 22° 45' 46" W - 470.18', a point, |
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7. N 22° 14' 51" W - 131.75', a point, |
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8. N 11° 43' 24" W - 766.89', a point, |
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9. N 15° 10' 16" W - 345.67', a point, |
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10. N 87° 29' 52" W - 143.74', a point, |
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11. N 20° 09' 35" W - 211.32', a point, |
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12. N 31° 40' 34" W - 144.51', a point, and |
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13. N 22° 09' 15" W - 1161.69', to the POINT OF |
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BEGINNING and containing 1221.63 Acres of Land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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|
Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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|
under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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|
Government Code. |
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|
(b) The governor, one of the required recipients, has |
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|
submitted the notice and Act to the Texas Commission on |
|
|
Environmental Quality. |
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|
(c) The Texas Commission on Environmental Quality has filed |
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|
its recommendations relating to this Act with the governor, the |
|
|
lieutenant governor, and the speaker of the house of |
|
|
representatives within the required time. |
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|
(d) All requirements of the constitution and laws of this |
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|
state and the rules and procedures of the legislature with respect |
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|
to the notice, introduction, and passage of this Act are fulfilled |
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|
and accomplished. |
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|
SECTION 4. (a) If this Act does not receive a two-thirds |
|
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
|
7936, Special District Local Laws Code, as added by Section 1 of |
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|
this Act, is amended by adding Section 7936.107 to read as follows: |
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|
Sec. 7936.107. NO EMINENT DOMAIN POWER. The district may |
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|
not exercise the power of eminent domain. |
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|
(b) This section is not intended to be an expression of a |
|
|
legislative interpretation of the requirements of Section 17(c), |
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|
Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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|
a vote of two-thirds of all the members elected to each house, as |
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|
provided by Section 39, Article III, Texas Constitution. If this |
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|
Act does not receive the vote necessary for immediate effect, this |
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|
Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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| |
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I certify that H.B. No. 4159 was passed by the House on May 8, |
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2015, by the following vote: Yeas 140, Nays 2, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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| |
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I certify that H.B. No. 4159 was passed by the Senate on May |
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27, 2015, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |