Bill Text: TX SB2205 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the creation of the Hillcrest North Municipal Utility District of Wise County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-05-24 - Effective immediately [SB2205 Detail]
Download: Texas-2021-SB2205-Enrolled.html
S.B. No. 2205 |
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relating to the creation of the Hillcrest North Municipal Utility | ||
District of Wise County; 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 8017 to read as follows: | ||
CHAPTER 8017. HILLCREST NORTH MUNICIPAL UTILITY DISTRICT OF WISE | ||
COUNTY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8017.0101. 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 Hillcrest North Municipal | ||
Utility District of Wise County. | ||
Sec. 8017.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8017.0103. 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. 8017.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8017.0103 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. 8017.0105. 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. 8017.0106. 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. 8017.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8017.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8017.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Lisa Smith; | ||
(2) Alma Blanco; | ||
(3) Charlotte Ann Pollett; | ||
(4) Carter Posey; and | ||
(5) Scott Toner. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8017.0103; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this chapter. | ||
(c) If permanent directors have not been elected under | ||
Section 8017.0103 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 8017.0103; 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. 8017.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8017.0302. 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. 8017.0303. 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. 8017.0304. 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. 8017.0305. 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. 8017.0401. 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 8017.0403. | ||
(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. 8017.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8017.0401, 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. 8017.0403. 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. 8017.0501. 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. 8017.0502. 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. 8017.0503. 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 Hillcrest North Municipal Utility District | ||
of Wise County initially includes all the territory contained in | ||
the following area: | ||
PHASE ONE: | ||
129.531 acres of land situated in the ASA HILL SURVEY, ABSTRACT NO. | ||
363, Wise County, Texas, being the tracts described as First Tract | ||
and Second Tract, described by deed to Russell Hayes Stephens, | ||
recorded in Volume 1307, Page 563, Real Records, Wise County, Texas | ||
and being more particularly described as follows: | ||
BEGINNING at a 5/8" iron rod found for the Southwest corner of said | ||
First Tract, said point being, per deed call, WEST, 1436.11 feet and | ||
S 16 °34'43" W, 4451.44 feet from the northeast corner of said HILL | ||
SURVEY, for the Northwest corner of that certain tract of land | ||
described by deed to The Harry and Jherrie Logan Family Limited | ||
Partnership, recorded in Volume 1634, Page 559, Real Records, Wise | ||
County, Texas; | ||
THENCE N 00°27'31" W, along the West line of said First Tract, | ||
3251.80 feet to a 1/2" capped iron rod found for the Southwest | ||
corner of that certain tract of land described by deed to George I. | ||
Caballero and Michele L. Caballero, recorded in Volume 881, Page | ||
568, Real Records, Wise County, Texas; | ||
THENCE N 88°16'12" E, along the South line of said Caballero tract, | ||
381.67 feet from which a 4" metal fence post bears N 48°27'59" W, | ||
0.69 feet; | ||
THENCE N 01°47'57" E, along the East line of said Caballero tract, at | ||
959.66 feet passing a 3" metal fence post found, continuing in all, | ||
979.48 feet to the approximate center of County Road No. 4010 (a | ||
variable width Right-of-Way); | ||
THENCE N 88°26'01" E, along the approximate center of said County | ||
Road No. 4010, passing the northeast corner of said First Tract and | ||
the northwest corner of said Second Tract, continuing along the | ||
approximate center of said County Road No. 4010, in all, 884.25 | ||
feet; | ||
THENCE S 00°14'44" W, along the East line of said Second Tract, at | ||
22.94 feet passing a 4" metal fence corner post found, continuing in | ||
all, 1736.40 feet to a 4" metal fence corner post found; | ||
THENCE N 88°59'44" E, 216.87 feet to a 4" metal fence post found; | ||
THENCE S 00°31'11" E, along the East line of said Second Tract, | ||
2551.64 feet to a 4" metal fence corner post found for the Southeast | ||
corner of said Second Tract, from which a 3" metal fence post found | ||
for the Northeast corner of said Logan tract bears S 89°13'59" E, | ||
1162.91 feet; | ||
THENCE N 89°19'26" W, along the South line of said Second Tract, | ||
passing the southwest corner of said Second Tract and the southeast | ||
corner of said First Tract, continuing, in all, 1502.78 feet to the | ||
POINT OF BEGINNING and containing 129.531 acres of land. | ||
PHASE TWO: | ||
WHEREAS FFILP LAND HOLDINGS LLC., BEING THE OWNERS OF A 172.359 | ||
ACRES TRACT OF LAND OUT OF THE J. LEVINS SURVEY, ABSTRACT NO. 489, | ||
WISE COUNTY, TEXAS; BEING ALL OF THAT CERTAIN TRACT AS RECORDED IN | ||
DOC. NO. 201915186, REAL PROPERTY RECORDS, WISE COUNTY, TEXAS; AND | ||
BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||
THE FOLLOWING BEARINGS, DISTANCES, AND/OR AREAS DERIVED FROM GNSS | ||
OBSERVATIONS PERFORMED BY TEXAS SURVEYING, INC. AND REFLECT N.A.D. | ||
1983, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202 | ||
(GRID). | ||
BEGINNING AT A SET 1/2" CAPPED IRON ROD (TEXAS SURVEYING, INC.) IN | ||
THE EAST LINE OF THAT CALLED 72 ACRES TRACT DESCRIBED IN VOLUME | ||
2416, PAGE 558, R.P.R.W.C.T., AND AT THE SOUTHWEST CORNER OF SAID | ||
DOC. NO. 201915186, FOR THE SOUTHWEST AND BEGINNING CORNER OF THIS | ||
TRACT. WHENCE THE NORTHWEST CORNER OF OAK TREE FARMS, PHASE I, AS | ||
RECORDED IN CABINET D, SLIDE 159, PLAT RECORDS, WISE COUNTY, TEXAS | ||
BEARS S 41°31'13" W 529.04 FEET. | ||
THENCE N 00°49'04" W 1888.27 FEET ALONG THE EAST LINE OF SAID 72 | ||
ACRES TRACT TO A 3" STEEL FENCE POST AT THE SOUTHWEST CORNER OF THAT | ||
CALLED 303.087 ACRES TRACT DESCRIBED IN VOLUME 2015, PAGE 238, | ||
R.P.R.W.C.T., AND AT THE NORTHWEST CORNER OF SAID DOC. NO. | ||
201915186, FOR THE NORTHWEST CORNER OF THIS TRACT. | ||
THENCE N 89°09'34" E 3629.87 FEET ALONG THE SOUTH LINE OF SAID | ||
303.087 ACRES TRACT TO A FOUND 2" IRON PIPE AT THE COMMON SOUTHERN | ||
CORNER OF SAID 303.087 ACRES TRACT AND THAT CALLED 454.8 ACRES TRACT | ||
DESCRIBED IN VOLUME 476, PAGE 415, R.P.R.W.C.T., FOR A CORNER OF | ||
THIS TRACT. | ||
THENCE N 89°09'18" E 866.12 FEET ALONG THE SOUTH LINE OF SAID 454.8 | ||
ACRES TRACT TO A FOUND 1/2" IRON ROD AT A CORNER IN THE WEST LINE OF | ||
THAT CALLED 151.559 ACRES TRACT DESCRIBED IN VOLUME 1196, PAGE 229, | ||
R.P.R.W.C.T., AND AT THE NORTHEAST CORNER OF SAID DOC. NO. | ||
201915186, FOR THE NORTHEAST CORNER OF THIS TRACT. | ||
THENCE ALONG THE WEST LINE OF SAID 151.559 ACRES TRACT AS FOLLOWS: | ||
S 02°36'08" E 629.26 FEET TO A FOUND 1/2" IRON ROD, FOR A CORNER OF | ||
THIS TRACT. | ||
S 89°59'10" W 756.80 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS | ||
SURVEYING, INC.), FOR AN ELL CORNER OF THIS TRACT. | ||
S 00°13'36" E 1225.52 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS | ||
SURVEYING, INC.) AT THE SOUTHEAST CORNER OF SAID DOC. NO. | ||
201915186, FOR THE SOUTHEAST CORNER OF THIS TRACT. | ||
THENCE ALONG THE SOUTH LINE OF SAID DOC. NO. 201915186 THE FOLLOWING | ||
COURSES AND DISTANCES: | ||
S 88°28'24" W 1314.90 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS | ||
SURVEYING, INC.) AT THE BEGINNING OF A CURVE TO THE RIGHT, FOR A | ||
CORNER OF THIS TRACT. | ||
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 380.00 | ||
FEET, AN ARC LENGTH OF 226.27 FEET, AND WHOSE CHORD BEARS S 17°43'20" | ||
E 222.94 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS SURVEYING, INC.) | ||
FOR A CORNER OF THIS TRACT. | ||
S 00°39'50" E 85.92 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS | ||
SURVEYING, INC.) FOR A CORNER OF THIS TRACT. | ||
S 88°28'24" W 60.01 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS | ||
SURVEYING, INC.) FOR A CORNER OF THIS TRACT. | ||
N 00°39'50" W 86.82 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS | ||
SURVEYING, INC.) AT THE BEGINNING OF A CURVE TO THE LEFT, FOR A | ||
CORNER OF THIS TRACT. | ||
ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 320.00 | ||
FEET, AN ARC LENGTH OF 224.23 FEET, AND WHOSE CHORD BEARS N 20°44'16" | ||
W 219.67 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS SURVEYING, INC.) | ||
FOR A CORNER OF THIS TRACT. | ||
N 40°48'42" W 7.43 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS | ||
SURVEYING, INC.) FOR A CORNER OF THIS TRACT. | ||
S 88°28'24" W 1697.99 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS | ||
SURVEYING, INC.) FOR A CORNER OF THIS TRACT. | ||
S 01°31'36" E 300.00 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS | ||
SURVEYING, INC.) FOR A CORNER OF THIS TRACT. | ||
S 88°28'24" W 60.00 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS | ||
SURVEYING, INC.) FOR A CORNER OF THIS TRACT. | ||
N 01°31'36" W 300.00 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS | ||
SURVEYING, INC.) FOR A CORNER OF THIS TRACT. | ||
S 88°28'24" W 598.81 FEET TO THE POINT OF BEGINNING. | ||
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 | ||
8017, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8017.0306 to read as follows: | ||
Sec. 8017.0306. 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 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, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 2205 passed the Senate on | ||
May 5, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 2205 passed the House on | ||
May 8, 2021, by the following vote: Yeas 109, Nays 30, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |