C.S.H.B.No.4034
80R15720 HLT-F
By:Laubenberg H.B.No.4034
Substitute the following forH.B.No.4034:
By:Puente C.S.H.B.No.4034
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Ledbetter Utility District No. 2 of Kaufman and Rockwall Counties; providing authority to impose a tax and issue bonds; granting the power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION1.Subtitle F, Title 6, Special District Local Laws Code, is amended by adding Chapter 8246 to read as follows:
CHAPTER 8246. LEDBETTER UTILITY DISTRICT NO. 2 OF KAUFMAN AND ROCKWALL COUNTIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec.8246.001.DEFINITIONS. In this chapter:
(1)"Board" means the district's board of directors.
(2)"Director" means a board member.
(3)"District" means the Ledbetter Utility District No. 2 of Kaufman and Rockwall Counties.
Sec.8246.002.NATURE OF DISTRICT. The district is a municipal utility district in Kaufman and Rockwall Counties created under and essential to accomplish the purposes of Section 52, Article III, and Section 59, Article XVI, Texas Constitution.
Sec.8246.003.CONFIRMATION ELECTION REQUIRED. If the creation of the district is not confirmed at a confirmation election held under Section 8246.024 before September 1, 2011:
(1)the district is dissolved September 1, 2011, except that the district shall:
(A)pay any debts incurred;
(B)transfer equally to Kaufman and Rockwall Counties any assets that remain after the payment of debts; and
(C)maintain the organization of the district until all debts are paid and remaining assets are transferred; and
(2)this chapter expires September 1, 2014.
Sec.8246.004.INITIAL DISTRICT TERRITORY. (a) The district is initially composed of the territory described by Section 2 of the Act creating this chapter.
(b)The boundaries and field notes contained in Section 2 of the Act creating this chapter form a closure. A mistake made in the field notes or in copying the field notes in the legislative process does not affect:
(1)the organization, existence, or validity of the district;
(2)the right of the district to impose taxes;
(3)the validity of the district's bonds, notes, or indebtedness; or
(4)the legality or operation of the district or the board.
[Sections 8246.005-8246.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec.8246.021.TEMPORARY DIRECTORS. (a) The temporary board consists of:
(1)Bob Beasley;
(2)Eleanor Garison;
(3)Jerry Kramer;
(4)Tom Pearce; and
(5)Susan Schweizer.
(b)If a temporary director fails to qualify for office, the Texas Commission on Environmental Quality shall appoint a person to fill the vacancy.
(c)Temporary directors serve until the earlier of:
(1)the date directors are elected under Section 8246.024; or
(2)the date this chapter expires under Section 8246.003.
Sec.8246.022.ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS. As soon as practicable after all the temporary directors have qualified under Section 49.055, Water Code, the temporary directors shall meet at a location in the district agreeable to a majority of the directors. At the meeting, the temporary directors shall elect officers from among the temporary directors and conduct any other district business.
Sec.8246.023.CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 8246.024 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has adopted a resolution consenting to the creation of the district.
Sec.8246.024.CONFIRMATION AND INITIAL DIRECTORS' ELECTION. The temporary directors shall hold an election to confirm the creation of the district and to elect five directors as provided by Section 49.102, Water Code.
Sec.8246.025.INITIAL ELECTED DIRECTORS; TERMS. The directors elected under Section 8246.024 shall draw lots to determine which two shall serve until the first regularly scheduled election of directors and which three shall serve until the second regularly scheduled election of directors.
Sec.8246.026.EXPIRATION OF SUBCHAPTER. This subchapter expires September 1, 2014.
[Sections 8246.027-8246.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec.8246.051.GOVERNING BODY; TERMS. (a) The district is governed by a board of five directors.
(b)Directors serve staggered four-year terms.
[Sections 8246.052-8246.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec.8246.101.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.8246.102.ROAD PROJECTS. (a) To the extent authorized by Section 52, Article III, Texas Constitution, the district may construct, acquire, improve, maintain, or operate macadamized, graveled, or paved roads or turnpikes, or improvements in aid of those roads or turnpikes, inside the district.
(b)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 district is located.
(c)The district may not undertake a road project unless each municipality in whose corporate limits or extraterritorial jurisdiction the district is located consents by ordinance or resolution.
Sec.8246.103.DIVISION OF DISTRICT. (a) The district may be divided into two new districts only if the district:
(1)has no outstanding bonded debt; and
(2)is not imposing ad valorem taxes.
(b)The division procedure is prescribed by Sections 53.030 through 53.041, Water Code.
(c)Any new district created by the division of the district has all the powers and duties of the district.
(d)Any new district created by the division of the district may not, at the time the new district is created, contain any land outside the area described by Section 2 of the Act creating this chapter.
Sec.8246.104.LIMIT ON EMINENT DOMAIN POWER; CONSENT OF CITY REQUIRED. The district may not acquire land, an easement, or other property in the corporate limits of the city of McLendon-Chisolm by condemnation unless the governing body of the city consents by resolution to the acquisition.
[Sections 8246.105-8246.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec.8246.151.TAX TO REPAY BONDS. The district may impose a tax to pay the principal of or interest on bonds or other obligations issued under Section 8246.201.
Sec.8246.152.UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND ASSESSMENTS. The district may not impose an impact fee or assessment on the property, including the equipment, rights-of-way, facilities, or improvements, of:
(1)an electric utility or a power generation company as defined by Section 31.002, Utilities Code;
(2)a gas utility as defined by Section 101.003 or 121.001, Utilities Code;
(3)a telecommunications provider as defined by Section 51.002, Utilities Code; or
(4)a person who provides to the public cable television or advanced telecommunications services.
[Sections 8246.153-8246.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec.8246.201.AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may issue bonds or other obligations as provided by Chapters 49 and 54, Water Code, to finance the construction, maintenance, or operation of a project under Section 8246.101 or 8246.102.
(b)The district may not issue bonds or other obligations to finance projects authorized by Section 8246.102 unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election called for that purpose.
(c)Bonds or other obligations issued or incurred to finance projects authorized by Section 8246.102 may not exceed one-fourth of the assessed value of the real property in the district.
SECTION2.The Ledbetter Utility District No. 2 of Kaufman and Rockwall Counties includes all the territory contained in the following area:
METES & BOUNDS DESCRIPTION
FOR THE PORTION OF THE MANN PROPERTY
IN ROCKWALL COUNTY, TEXAS
BEING a tract of land in the Ruth Peckum Survey, A-175, Rockwall County, Texas, and being a portion of that certain 207.46 acre tract of land conveyed to Janice Sue Mann by deed recorded in Volume 2186, Page 265 Deed Records, Kaufman County, Texas (D.R.K.C.T.) and Volume 2186, Page 265 Deed Records, Kaufman County, Texas, and being more particularly described as follows:
BEGINNING at a 5/8-Inch iron rod set with plastic cap stamped "Tri-tech DFW Surveying" on the centerline of County Road No. 230 (Mann Road/Smith Road) and the common line between said Ruth Peckum Survey, A-175, Rockwall County and the Ruth Peckum Survey A-374, Kaufman County and marking a common corner between said 207.46 acre tract and that certain 81.547 acre tract of land conveyed to Richard E. Mann Estate by deed recorded in Volume 1375, Page 425, Deed Records Kaufman County, Texas
THENCE North 43°48'15" East, along the centerline of said County Read No. 230 (Mann Road and Smith Road) and northwesterly fine of said 207.46 acre tract, a distance of 3275.83 feet to a 5/8" iron rod set with plastic cap stamped "Tri-Tech DFW Surveying", on the northeast line of said Ruth Peckum Survey, A-115 and marking a common corner between said 207.46 acre tract and that certain 147.50 acre tract of land as conveyed to Joyce A. Davenport and McLendon Chisholm Ranch L.P. by deed recorded in Volume 4492, Page 101, Deed Records, Rockwall County, Texas from which a found ½-inch iron rod bears North 44°11'07" East; a distance of 13.91 feet;
THENCE South 45°53'01" East, along the common line between said 207.46 acre and 147.50 care tracts and Ruth Peckum Survey, a distance of 1578.50 feet to a ½-inch iron rod found marking the common corner between said 207.46 acre tract and that certain tract of land conveyed to Max B. and B. Beverly Chapman by deed recorded in Volume 643, Page 838, .Deed Records, Kaufman County, Texas;
THENCE South 44'05'27" West; along the common line between said 207.46 acre tract and Chapman tract, a distance of 747.34 feet to ½-iron rod found marking a common corner between said 207.46 acre tract and Chapman tract;
THENCE South 46°07'40" East, continuing along said common line, a distance of 940.92 to a point on the common south line of said Ruth Peckum Survey A-175 and Rockwall County;
THENCE South 88'46'07" West, along said common line, a distance of 3559.88 feet to the POINT OF BEGINNING and containing a calculated area of 99.989 acres of land.
METES & BOUNDS DESCRIPTION
FOR THE PORTION OF THE MANN PROPERTY
IN KAUFMAN COUNTY, TEXAS
BEING a tract of land in the Ruth Peckum Survey, A-374, Kaufman County, Texas, and being a portion of the following tracts of land, a 81.547 acre tract of land conveyed to the Richard E. Mann Estate by deed recorded in Volume 1375, Page 425, D.R.K.T., * 223.507 acre tract conveyed to Janice Sue Mann by deed recorded in Volume 652, Page 245, D.R.K.C.T., and a 207.46 acre tract of land conveyed to Janice Sue Mann by deed recorded In Volume 2186, Page 265 Deed Records, Kaufman County Texas (D.R.K.C.T.) and Volume 2991, Page 290 Deed Records, Rockwall County Texas, and being more particularly described as follows:
BEGINNING at a 5/8"-inch iron rod set with plastic cap stamped "Tri-Tech DFW Surveying" on the centerline of County Road No..230 (Mann Road/Smith Road) and marking a common corner between said acre tract and 207.46 acre tract, also being on the common line between said Ruth Peckum Survey, A-374 Kaufman County and Ruth Peckum Survey, A-175 Rockwall County;
THENCE North 88°46'07" East, along said common line, a distance of 3559.88 feet to the common line between said 207.46 acre tract and that certain tract of land conveyed to Max B. and B. Beverly Chapman by deed recorded in Volume 643, Page 838, Deed Records, Kaufman County Texas;
THENCE South 46'07'40"bst, along said common line, a distance of 646.71 feet to a 1/2-iich iron rod found marking a common corner between said 207.46 acre tract and Chapman tract;
THENCE South 44°15'58" West, continuing along said common line, a distance of 1582.37 feet to a ½-inch iron rod found marking the westerly common corner between said Chapman Tract and the aforementioned 223.507 acre tract of land;
THENCE South 46°14'08" East, along the common line between said Chapman Tract and 223.507 acre tract, a distance of 3556.97 feet to a 5/8-inch iron rod set with plastic cap stamped "Tri-Tech DFW Surveying", on the northwesterly right-of-way line of F.M. 548 (100 feet in width) and marking the easterly common corner between said Chapman and 223.507 acre tracts;
THENCE South 44°10'16" West, along the common line between said F.M 548 right-of-way line and 223.507acre tract, a distance of 338.93 feet to a point on the McLendon-Chisolm E.T.J. line;
THENCE North 45°53'02" West, along the McLendon-Chisolm E.T.J. line, a distance of 4685.39 feet to a point for the beginning of a non-tangent curve to the right;
THENCE Northwesterly, continuing along the McLendon-Chisolm E.T.J. line and arc of said non-tangent curve, an arc distance of 2313.25 feet, having a radius of 2640.00 feet, a central angle of 50°12'16", and a chord which bears North 71°28'30" West, a distance of 2239.95 feet to a point on the northwesterly line of said 81.547 acre tract and centerline of County Road No. 230 (Mann Road);
THENCE 44°54'11" East along the centerline of said County Road No. 230 (Mann Road) and northwesterly line of said 81,547 acre tract, a distance of 331.85 feet to the POINT OF BEGINNING and containing a computed area of 122.055 acres of land.
METES AND BOUNDS DESCRIPTION
FOR THE PORTION OF THE MANN PROPERTY
OUTSIDE THE CITY OF DALLAS E.T.J. & MCLENDON-CHISOLM E.T.J. LIMITS
BEING a tract of land in the Ruth Peckum Survey, A-374, Kaufman county, Texas, and being a portion of the following tracts of land, a 50 acre tract of land as conveyed to Janice Sue Mann by deed recorded in Volume 1169, Page 901, Deed Records, Kaufman County, (D.R.K.C.T.), a 223.623 acre tract as conveyed to Richard E. and Janice Sue Mann by deed recorded in Volume 1208, Page 969, D.R.K.C.T., a 14.66 acre tract of land as conveyed to Richard E. & Sue Mann by deed recorded in Volume 131, Page 504, D.R.K.C.T., a 238.278 acre tract as conveyed to Richard E. and Janice sue Mann by deed recorded in Volume 1169, Page 904, D.R.K.C.T., a 81.547 acre tract of land conveyed to the Richard E. Mann Estate by Deed Recorded in Volume 1375, Page 425, D.R.K.C.T., a 44 acre tract of land conveyed to the Richard E. Mann Estate by deed recorded in Volume 1375, Page 425, D.R.K.C.T., a 223.507 acre tract conveyed to Janice Sue Mann by deed recorded in Volume 652, Page 245, D.R.K.C.T., and a 207.46 acre tract of land conveyed to Janice Sue Mann by deed recorded in Volume 2186, Page 265 Deed Records, Kaufman County, Texas, (D.R.K.C.T.) and Volume 2991, Page 290 Deed Records, Rockwall County, Texas, and being more particularly described as follows:
COMMENCING at a 5/8 inch rod set with plastic cap stamped "Tri-Tech DFW Surveying", on the northwesterly right-of-way line of F.M. 548 9100 feet in width) and marking the easterly common corner between that certain tract of land conveyed to Max B. and B. Beverly Chapman by deed recorded in Volume 643, Page 838, Deed Records, Kaufman County, Texas and said 223.507 acre tract;