new MUD: 56 acres in Travis County

The text as introduced · 3,433 words

89R12608 JBD-F

By: Flores
H.B. No. 5650

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Travis County Municipal Utility

District No. 40; 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 8014A to read as follows:

CHAPTER 8014A. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 40

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8014A.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 Travis County Municipal

Utility District No. 40.

Sec. 8014A.0102. NATURE OF DISTRICT. The district is a

municipal utility district created under Section 59, Article XVI,

Texas Constitution.

Sec. 8014A.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. 8014A.0104. CONSENT OF MUNICIPALITY REQUIRED. The

temporary directors may not hold an election under Section

8014A.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 as required by

general law.

Sec. 8014A.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. 8014A.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. 8014A.0201. GOVERNING BODY; TERMS. (a) The district

is governed by a board of five elected directors.

(b) Except as provided by Section 8014A.0202, directors

serve staggered four-year terms.

Sec. 8014A.0202. TEMPORARY DIRECTORS. (a) On or after the

effective date of the Act enacting this chapter, 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 8014A.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 8014A.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 8014A.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. 8014A.0301. GENERAL POWERS AND DUTIES. The district

has the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 8014A.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. 8014A.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. 8014A.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. 8014A.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. 8014A.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

8014A.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. 8014A.0402. OPERATION AND MAINTENANCE TAX. (a) If

authorized at an election held under Section 8014A.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. 8014A.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. 8014A.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. 8014A.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. 8014A.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 Travis County Municipal Utility District

No. 40 initially includes all the territory contained in the

following area:

TRACT 1:

Being 21.95 acres of land, more or less, out of the Augustus

Kincheloe Survey, Abstract No. 457, Travis County, Texas, being a

portion of that tract conveyed to Stermaster Properties, LLC, by

deed recorded in Document No. 2021100283, Official Public Records,

Travis County, Texas, as surveyed on the ground by Texas Land

Surveying, Inc. on June 15th, 2021, and further described by metes

and bounds as follows:

BEGINNING at a 1/2 inch iron rod found in concrete in the

south line of FM 1327, marking the northeast corner of a tract

conveyed to Irma May A. Fernandez De Leon, by deed recorded in

Document No. 2018086771, of said Official Public Records, for the

northwest corner of said Stermaster tract and this tract;

THENCE: N 73°42'42" E, 799.30 feet with the south line of said

FM 1327 and the north line of said Stermaster tract to a 1/2 inch

iron rod with pink cap stamped "TLS" set, for the northeast corner

of this tract, from which a 1/2 inch iron rod found in concrete,

marking the northwest corner of a tract conveyed to Clifford Gus

Graef, by deed recorded in Volume 7303, Page 323, Deed Records,

Travis County, Texas, also marking the northeast corner of said

Stermaster tract, bears N 73°42'42" E, 680.61 feet;

THENCE: S 46°59'48" E, 1204.37 feet into and across said

Stermaster tract to a 1/2 inch iron rod with pink cap stamped "TLS"

set in the north line of a tract conveyed to Michelle Dimanoff, by

deed recorded in Document No. 2018193755, of said Official Public

Records and the south line of said Stermaster tract, for the

southeast corner of this tract, from which a 1/2 inch iron rod found

in the west line of said Graef tract, marking the northeast corner

of said Dimanoff tract, also marking the southeast corner of said

Stermaster tract, bears N 43°00'13" E, 588.93 feet;

THENCE: S 43°00'13" W, 672.86 feet with the north line of said

Dimanoff tract and the south line of said Stermaster tract to a 1/2

inch iron rod with pink cap stamped "TLS" found in the north-south

running north line of Tom Sassman Road, marking the northwest

corner of said Dimanoff tract, for the southwest corner of said

Stermaster tract and this tract;

THENCE: N 47°30'25" W, with the north-south running line of

said Tom Sassman Road and the west line of said Stermaster tract at

5.40 feet passing a 1/2 inch iron rod with orange cap stamped "Hayes

RPLS 5703" found, marking the southeast corner of Maha Creek

Estates, said plat recorded in Volume 86, Page 45B, Plat Records,

Travis County, Texas, continuing with the east line of said Maha

Creek Estates and the west line of said Stermaster tract at 721.47

feet passing a 1/2 inch iron rod with "Hayes RPLS 5703" found,

continuing in part with the east line of said Maha Creek Estates and

with the east line of said Leon tract, and the west line of said

Stermaster tract in all 1612.61 feet to the Point of Beginning.

TRACT 2:

BEING 20.79 ACRES OF LAND OUT OF THE AUGUSTUS KINCHELOE

SURVEY NUMBER 2, ABSTRACT NUMBER 457, TRAVIS COUNTY, TEXAS, SAME

BEING ALL OF THAT CERTAIN J.M.T.C.V., LTD 21.9716 ACRE TRACT

RECORDED IN DOCUMENT NUMBER 2005046836, OFFICIAL PUBLIC RECORDS,

TRAVIS COUNTY, TEXAS, SAVE AND EXCEPT THAT CERTAIN 0.608 ACRE TRACT

AND THAT CERTAIN 0.575 ACRE TRACT, BOTH RECORDED IN DOCUMENT

NUMBERS, 2014186864, 2015054419 AND 2015059567, ALL OF THE OFFICIAL

PUBLIC RECORDS, TRAVIS COUNTY, TEXAS, SAID 20.79 ACRES OF LAND TO BE

MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING at an iron rod in the westerly line of that certain

Clifford Graef 13.6310 acre tract recorded in Volume 5029, Page

107, Deed Records, said county, at the southeast corner of that

certain Arlon Wayne Graef 35.87 acre tract recorded in Document

Number 2016180663, Official Public Records, said county, same being

the northwest corner of said 21.9716 acre tract, for the northwest

corner hereof;

THENCE South 47 degrees 07 minutes 44 seconds East, along the

westerly line of said 13.6310 acre tract and the northerly line of

said 21.9716 acre tract, 549.33 feet to an iron rod found in said

line, at the northwest corner of said 0.608 acre tract, for an angle

corner in the northerly line hereof;

THENCE through said 21.9716 acre tract, along the westerly,

southerly and easterly line of said 0.608 acre tract, the following

3 calls,

1. South 66 degrees 24 minutes 26 seconds West, 209.37 feet

to an iron rod found,

2. South 26 degrees 19 minutes 46 seconds East, 160.66 feet

to an iron rod found,

3. North 48 degrees 22 minutes 41 seconds East, 196.16 feet

to an iron rod found in the westerly right-of-way line of S. U.S.

Highway 183, at the northeast corner of said 0.608 acre tract, same

being in the northerly line of said 21.9716 acre tract, for an angle

corner in the northerly line hereof;

THENCE South 04 degrees 15 minutes 32 seconds East, along

said Highway 183 and the northerly line of said 21.9716 acre tract,

111.11 feet to an iron rod found at the intersection of said Highway

183 and the westerly right-of-way line of Tom Sassman Road, same

being the northeast corner of said 21.9716 acre tract, for the

northeast corner hereof;

THENCE South 18 degrees 20 minutes 06 seconds West, along

said Tom Sassman Road and the easterly line of said 21.9716 acre

tract, 104.45 feet to an iron rod found in said line, at the

northwest corner of said 0.575 acre tract, for an angle corner in

the easterly line hereof;

THENCE through said 21.9716 acre tract, along the westerly

and southerly line of said 0.575 acre tract, the following 6 calls,

1. South 41 degrees 52 minutes 26 seconds West, 245.18 feet

to an iron rod found,

2. North 48 degrees 16 minutes 41 seconds West, 67.75 feet

to an iron rod found,

3. South 70 degrees 17 minutes 52 seconds West, 150.75 feet

to an iron rod found,

4. South 14 degrees 29 minutes 15 seconds East, 100.37 feet

to an iron rod found,

5. North 70 degrees 13 minutes 40 seconds East, 85.37 feet

to an iron rod found,

6. South 47 degrees 46 minutes 18 seconds East, 39.04 feet

to an iron rod found in said right-of-way line, at the southeast

corner of said 0.575 acre tract, same being in the easterly line of

said 21.9716 acre tract, for an angle corner in the easterly line

hereof;

Thence continuing along said right-of-way line and the

easterly and southerly line of said 21.9716 acre tract, the

following 4 calls,

1. South 42 degrees 34 minutes 47 seconds West, 598.66 feet

to an iron rod found,

2. South 60 degrees 42 minutes 46 seconds West, 26.42 feet

to an iron rod set,

3. South 89 degrees 54 minutes 48 seconds West, 18.83 feet

to an iron rod found at the southeast corner of said 21.9716 acre

tract, for the southeast corner hereof,

4. North 50 degrees 17 minutes 01 seconds West, 774.74 feet

to a fence corner post found at the northeast corner of Maha Creek

Estates, a subdivision recorded in Volume 86, Page 45C, Plat

Records, said county, at the southeast corner of said 35.87 acre

tract, same being the southwest corner of said 21.9716 acre tract,

for the southwest corner hereof;

THENCE North 43 degrees 00 minutes 22 seconds East, along the

easterly line of said 35.87 acre tract and the westerly line of said

21.9716 acre tract, 1,261.79 feet to the POINT OF BEGINNING.

TRACT 3:

Being 13.88 acres of land, more or less, out of the Augustus

Kincheloe Survey, Abstract No. 457, Travis County, Texas, being a

portion of that tract conveyed to Stermaster Properties, LLC, by

deed recorded in Document No. 2021100283, Official Public Records,

Travis County, Texas, as surveyed on the ground by Texas Land

Surveying, Inc. on June 15th, 2021, and further described by metes

and bounds as follows:

BEGINNING at a 1/2 inch iron rod found in concrete in the

south line of FM 1327, marking the northwest corner of a tract

conveyed to Clifford Gus Graef, by deed recorded in Volume 7303,

Page 323, of said Deed Records, for the northeast corner of said

Stermaster tract and this tract, from which a concrete monument

found, marking the northeast corner of said Graef tract, bears N

73°43'54" E, 806.93 feet;

THENCE: S 47°14'51" E, 856.82 feet with the west line of said

Graef tract and the east line of said Stermaster tract to a 1/2 inch

iron rod found, marking the northeast corner of a tract conveyed to

Michelle Dimanoff, by deed recorded in Document No. 2018193755, of

said Official Public Records, for the southeast corner of said

Stermaster tract and this tract, from which a 1/2 inch iron rod with

aluminum cap stamped "TxDOT" found, marking the southwest corner of

said Graef tract, also marking an angle point of said Dimanoff

tract, bears S 47°08'02" E, 549.50 feet;

THENCE: S 43°00'13" W, 588.93 feet with the north line of said

Dimanoff tract and the south line of said Stermaster tract to a 1/2

inch iron rod with pink cap stamped "TLS" set, for the southwest

corner of this tract, from which a 1/2 inch iron rod with pink cap

stamped "TLS" found in the north-south running north line of Tom

Sassman Road, marking the northwest corner of said Dimanoff tract,

also marking the southwest corner of said Stermaster tract, bears S

43°00'13" W, 672.86 feet;

THENCE: N 46°59'48" W, 1204.37 feet into and across said

Stermaster tract to a 1/2 inch iron rod with pink cap stamped "TLS"

set in the south line of said FM 1327, for the northwest corner of

this tract, from which a 1/2 inch iron rod found in concrete,

marking the northeast corner of a tract conveyed to Irma May A.

Fernandez De Leon, by deed recorded in Document No. 2018086771, of

said Official Public Records, also marking the northwest corner of

said Stermaster tract, bears N 73°42'42" E, 799.30 feet;

THENCE: N 73°42'42" E, 680.61 feet with the south line of said

FM 1327 and the north line of said Schaarschmidt tract 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

8014A, Special District Local Laws Code, as added by Section 1 of

this Act, is amended by adding Section 8014A.0306 to read as

follows:

Sec. 8014A.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, 2025.