86(R) SB 871 - Introduced Version - Bill Text

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  86R7771 BRG-F
 
  By: Zaffirini S.B. No. 871
 
 
  A BILL TO BE ENTITLED
  AN ACT
  relating to the creation of the Clear Fork Ranch Municipal Utility
  District; granting a limited power of eminent domain; providing
  authority to issue bonds; providing authority to impose
  assessments, fees, and taxes.
         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 8053 to read as follows:
  CHAPTER 8053. CLEAR FORK RANCH MUNICIPAL UTILITY DISTRICT
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 8053.0101.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Commission" means the Texas Commission on
  Environmental Quality.
               (3)  "Director" means a board member.
               (4)  "District" means the Clear Fork Ranch Municipal
  Utility District.
         Sec. 8053.0102.  NATURE OF DISTRICT. The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8053.0103.  CONFIRMATION AND DIRECTOR 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. 8053.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  8053.0103 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. 8053.0105.  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. 8053.0106.  INITIAL DISTRICT TERRITORY. (a) The
  district is initially composed of the territory described by
  Section 2 of the Act enacting this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act enacting 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.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8053.0201.  GOVERNING BODY; TERMS. (a) The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8053.0202, directors
  serve staggered four-year terms.
         Sec. 8053.0202.  TEMPORARY DIRECTORS. (a) On or after
  September 1, 2019, 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 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 8053.0103; or
               (2)  September 1, 2023.
         (c)  If permanent directors have not been elected under
  Section 8053.0103 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 8053.0103; 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.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 8053.0301.  GENERAL POWERS AND DUTIES. The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8053.0302.  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. 8053.0303.  AUTHORITY FOR ROAD PROJECTS. Under Section
  52, Article III, Texas Constitution, the district may design,
  acquire, construct, finance, issue bonds for, improve, operate,
  maintain, and convey to this state, a county, or a municipality for
  operation and maintenance macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 8053.0304.  ROAD STANDARDS AND REQUIREMENTS. (a) A
  road project must meet all applicable construction standards,
  zoning and subdivision requirements, and regulations of each
  municipality in whose corporate limits or extraterritorial
  jurisdiction the road project is located.
         (b)  If a road project is not located in the corporate limits
  or extraterritorial jurisdiction of a municipality, the road
  project must meet all applicable construction standards,
  subdivision requirements, and regulations of each county in which
  the road project is located.
         (c)  If the state will maintain and operate the road, the
  Texas Transportation Commission must approve the plans and
  specifications of the road project.
         Sec. 8053.0305.  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.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8053.0401.  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 8053.0403.
         (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. 8053.0402.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized at an election held under Section 8053.0401, 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. 8053.0403.  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.
  SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
         Sec. 8053.0501.  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. 8053.0502.  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. 8053.0503.  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 Clear Fork Ranch Municipal Utility District
  initially includes all the territory contained in the following
  area:
  BEING approximately 472.126 acres of land in Caldwell County,
  Texas, said land being all of the 155.27 acres as described in Tract
  "A", and all of the 316.856 acres as described in Tract "B". Those
  individual tracts being described as follows:
  Tract "A"
  BEING 155.27 ACRES OF LAND CONSISTING OF A CALLED 35.0 ACRES OF
  LAND, DESCRIBED AS FOURTH TRACT IN THE W. C. STEFFEY SURVEY,
  ABSTRACT NUMBER 274 IN CALDWELL COUNTY, TEXAS; AND CONSISTING OF
  THE REMAINDER OF A CALLED 142.5 ACRES OF LAND, DESCRIBED AS FIFTH
  TRACT IN THE M. HUNT SURVEY, ABSTRACT NUMBER 137 IN CALDWELL COUNTY,
  TEXAS; SAID FOURTH TRACT AND FIFTH TRACT, HAVING A COMBINED TOTAL OF
  177.5 ACRES, BEING A PORTION OF A 494.8 ACRE TRACT OF LAND CONVEYED
  IN A DEED TO WILLIAM JANNEY GAMBLE, TRUSTEE OF THE KATIE THOMSON
  JANNEY REVOCABLE TRUST "A" AND RECORDED IN VOLUME 403, PAGE 671 OF
  THE DEED RECORDS OF CALDWELL COUNTY, TEXAS (DRCCTX); SAID 155.27
  ACRES OF LAND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
  FOLLOWS:
  COMMENCING at a 1 1/2-inch iron pipe found in the southwest
  Right-of-Way (ROW) line of Borchert Loop (County Road 108), being
  the east corner of a 2.000 acre tract of land in the J. George
  Survey, Abstract Number 118 in Caldwell County, Texas, described in
  a deed to Dennis R. & Shalaina T. Walker, recorded in Volume 433,
  Page 203, DRCCTC, and being the north corner of the remainder of
  said 177.5 acre Gamble tract;
  THENCE along the southeast line of said J. George Survey, Abstract
  Number 118, being also the southeast line of said 2.000 acre Walker
  tract; same being the northwest line of said M. Hunt Survey,
  Abstract Number 137 and the northwest line of said 177.5 acre Gamble
  tract, S59°45'36"W, a distance of 329.74 feet to an iron rod set with
  a cap marked "TMG" for the north corner and POINT of BEGINNING of
  the herein described tract of land;
  THENCE through the interior of said 177.5 acre Gamble tract, the
  following two (2) courses and distances:
  1) S32°37'51"E, a distance of 560.05 to an iron rod set with a cap
  marked "TMG" for an angle point, and
  2) N57°21'07"E, a distance of 320.50 feet to an iron rod set with a
  cap marked "TMG", being in the southwest ROW of Borchert Loop for an
  angle point;
  THENCE with the southwest ROW line of Borchert Loop, being the
  northeast line of this 155.27 acre tract, S31°41'23"E, a distance of
  90.01 feet to an iron rod set with a cap marked "TMG", for an angle
  point;
  THENCE continuing through the interior of said 177.5 acre Gamble
  tract, the following three (3) courses and distances:
  3) S57°21'07"W, a distance of 319.02 feet to an iron rod set with a
  cap marked "TMG" for an angle point,
  4) S32°37'51"E, a distance of 1817.85 feet to an iron rod set with a
  cap marked "TMG" for an angle point, and
  5) N57°23'55"E, a distance of 289.15 feet to an iron rod set with a
  cap marked "TMG", being in the southwest ROW of Borchert Loop for an
  angle point;
  THENCE with the southwest ROW line of Borchert Loop, being the
  northeast line of this 155.27 acre tract, S31°41'23"E, a distance of
  90.01 feet to an iron rod set with a cap marked "TMG", for an angle
  point;
  THENCE continuing through the interior of said 177.5 acre Gamble
  tract, the following four (4) courses and distances:
  6) S57°23'55"W, a distance of 287.68 feet to an iron rod set with a
  cap marked "TMG" for an angle point,
  7) S32°37'51"E, a distance of 678.17 feet to an iron rod set with a
  cap marked "TMG" for an angle point,
  8) S81°34'47"E, a distance of 52.54 feet to an iron rod set with a
  cap marked "TMG" for an angle point, and
  9) N49°28'18"E, a distance of 239.16 feet to an iron rod set with a
  cap marked "TMG", being in the southwest ROW of Borchert Loop for an
  angle point;
  THENCE with the southwest ROW line of Borchert Loop, being the
  northeast line of this 155.27 acre tract, S31°41'23"E, a distance of
  40.34 feet to a 60d nail found in the top of a wooden post being the
  north corner of a 99.0 acre tract of land in the J. H. Finch Survey,
  Abstract Number 108 in Caldwell County, Texas, described as Tract I
  in a deed to Edgar L. and wife, Dorothy June Vogel, recorded in
  Volume 8, Page 21, DRCCTC, and being the east corner of the
  remainder of said 177.5 acre Gamble tract and being the east corner
  of the herein described tract of land;
  THENCE with the northwest line of said 99.0 acre tract, being the
  southeast line of the remainder of said 177.5 acre Gamble tract,
  S49°28'18"W, a distance of 2216.10 feet to a 1 1/2-inch iron pipe
  found in the northwest line of said 99.0 acre tract, being the east
  corner of a 340.331 acre tract of land described in a deed to Nami
  Ranch, L.L.C. and recorded in Document Number 087087 of the
  Official Public Records of Real Property for Caldwell County, Texas
  (OPRRPCCTX), for the south corner of the remainder of said 177.5
  acre Gamble tract and being the south corner of the herein described
  tract of land;
  THENCE with the northeast line of said 340.331 acre tract, being the
  southwest line of the remainder of said 177.5 acre Gamble tract,
  N32°37'49"W, at 3520.81 feet passing a calculated point marking the
  north corner of said 340.331 acre tract and the southeast corner of
  a 7.779 acre tract of land described in a deed to Belinda N. Garza
  and recorded in Document Number 121466, OPRRPCCTX, from said point,
  a 6" cedar fence corner post bears S57°22'11"W, 1.87 feet; and
  continuing along the northeast line of said 7.779 acre tract, a
  total distance of 3662.56 feet to a 1 1/2-inch iron pipe found in
  the northeast line of said 7.779 acre tract, being along the
  southeast line of the J. George Survey, Abstract Number 118, at the
  south corner of a 5.052 acre tract of land described in a deed to
  Woodmen of the World recorded in Volume 212, Page 545, DRCCTX, for
  the west corner of the remainder of said 177.5 acre Gamble tract and
  being the west corner of the herein described tract of land;
  THENCE along the southeast line of said 5.052 acre tract, being the
  northwest line of the remainder of said 177.5 acre Gamble tract,
  N59°43'07"E, a distance of 356.48 feet to a
  1/2-inch iron rod found for the east corner of said 5.052 acre
  tract, being the south corner of a 5.583 acre tract of land
  described in a deed to Raul & Christine Ybarra and recorded in
  Volume 639, Page 893, DRCCTX, for an angle point in the northwest
  line of the remainder of said 177.5 acre Gamble tract and being an
  angle point in the northwest line of the herein described tract of
  land;
  THENCE continuing along the southeast line of said J. George
  Survey, Abstract Number 118 and the northwest line of said 177.5
  acre tract, N59°45'34"E, at a distance of 603.32 feet passing a
  1/2-inch iron rod found for the east corner of said 5.583 acre
  tract, being the south corner of a 5.162 acre tract of land
  described in a deed to Pamala Francine Hunt and recorded in Volume
  565, Page 474, DRCCTX; at a distance of 828.27 feet passing a
  1/2-inch iron rod found for the east corner of said 5.162 acre
  tract, being the south corner of 5.090 acre tract of land described
  in a deed to Juan Carlos & Ramiro Ruvalcaba and recorded in Volume
  306, Page 393, DRCCTX; at a distance of 1068.37 feet passing a
  1/2-inch iron rod found for the east corner of said 5.090 acre
  tract, being the south corner of a 5.028 acre tract of land
  described in a deed to United Pentecostal Church and recorded in
  Volume 484, Page 135, DRCCTX; at a distance of 1328.42 feet passing
  a 1/2-inch iron rod found for the east corner of said 5.028 acre
  tract, being the south corner of said 2.000 acre Walker tract; and,
  in all, a total distance of 1564.29 feet to the PLACE of BEGINNING
  and containing 155.27 acres of land, more or less.
  Tract "B"
         BEING 316.856 ACRES OF LAND LYING IN AND BEING SITUATED OUT OF
  THE J.B. GRAY SURVEY, ABSTRACT 116 AND THE W. HOUSE SURVEY, ABSTRACT
  15 IN CALDWELL COUNTY, TEXAS AND BEING ALL OF THAT CERTAIN 283 ACRE
  TRACT AND 31.3 ACRE TRACT OF LAND CONVEYED TO GLENVOIR FARM AS
  SECOND TRACT AND THIRD TRACT BY DEED RECORDED IN VOLUME 403, PAGE
  671 OFFICIAL RECORDS, CALDWELL COUNTY, TEXAS; SAID 316.856 ACRES
  BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS AND AS SURVEYED UNDER
  THE SUPERVISION OF JAMES E. GARON & ASSOCIATES IN JUNE, 2016:
  BEGINNING at a 2" steel fence found on the easterly line of Borchert
  Loop for the southwest corner hereof and said 31.3 acre tract and
  the northwest corner of that certain 59.289 acre tract of land
  conveyed to Jay S. Cheek and Brenda A. Cheek by deed recorded in
  Volume 243, Page 830 of said official records;
  THENCE along Borchert Loop, N 31°43'40" W a distance of 831.80 feet
  to a 60D nail found in old fence post for the northwest corner of
  said 31.3 acre tract and a common corner with said 283 acre tract
  and N 31°07'52" W a distance of 1783.62 feet to a railroad tie fence
  corner post found for the northwest corner hereof and said 283 acre
  tract and the southwest corner of that certain 136 acre tract of
  land conveyed to William R. Clark by deed recorded in Document #
  122818 of said official records;
  THENCE N 58°48'35" E a distance of 3760.23 feet to a "T" post found
  in rock mound for a northerly, northeast corner hereof and said 283
  acre tract and the northwest corner of that certain 57.29 acre tract
  of land conveyed to Lisa Kay Jolley King and as described by deed
  recorded in Volume 130, Page 865 of said official records;
  THENCE S 31°48'55" E a distance of 1102.81 feet to a "T" post found
  in 2" iron pipe found in rock mound for an ell corner hereof and the
  southeast corner of said King 57.29 acre tract;
  THENCE N 59°08'24" E a distance of 2444.46 feet to a 12" fence corner
  post found on the westerly line of that certain 17.18 acre tract of
  land conveyed to Kenneth D. Willenberg by deed recorded in Document
  #2015-001132 of said official records for an ell corner hereof and
  the southeast corner of that certain 5.257 acre tract of land
  conveyed to Jose A. Cardenas and Carmen Cardenas by deed recorded in
  Volume 439, Page 372 of said official records;
  THENCE S 32°00'32" E a distance of 654.53 feet to a 2" steel fence
  corner post found on the approximate common line of the J.B. Gray
  Survey and the W. House Survey for an ell corner hereof and the
  southwest corner of said Willenberg 17.18 acre tract;
  THENCE N 59°17'01" E a distance of 262.32 feet along said line to a
  2" steel fence corner post found for an ell corner hereof and the
  northwest corner of that certain 14.6 acre tract of land conveyed to
  Kenneth D. Willenberg by deed recorded in Document #2015-001132 of
  said official records;
  THENCE S 30°57'43" E a distance of 849.75 feet to a 2" steel fence
  corner post found on the northerly line of that certain 45.76 acre
  tract of land conveyed to Stephen R. Knox and Bonnie Lee Knox by
  deed recorded in Volume 184, Page 505 of said official records for
  the southeast corner hereof and said 283 acre tract and the
  southwest corner of said Willenberg 14.6 acre tract;
  THENCE S 58°49'37" W a distance of 2282.66 feet to a cotton gin
  spindle set at a 3/4" iron pipe found for the northwest corner of
  said Knox 45.76 acre tract and the northeast corner of the aforesaid
  Cheek 59.289 acre tract;
  THENCE S 58°54'26" W a distance of 4196.34 feet to the POINT OF
  BEGINNING, containing 316.856 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.  (a) If this Act does not receive a two-thirds
  vote of all the members elected to each house, Subchapter C, Chapter
  8053, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8053.0306 to read as follows:
         Sec. 8053.0306.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         (b)  This section is not intended to be an expression of a
  legislative interpretation of the requirements of Section 17(c),
  Article I, Texas Constitution.
         SECTION 5.  This Act takes effect September 1, 2019.

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