By: Bonnen (Senate Sponsor - Huffman) H.B. No. 1946
(In the Senate - Received from the House May 18, 2009;
May 19, 2009, read first time and referred to Committee on
Intergovernmental Relations; May 23, 2009, reported favorably by
the following vote: Yeas 5, Nays 0; May 23, 2009, sent to
printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Brazoria County Municipal Utility
District No. 64; providing authority to impose a tax and issue
bonds; granting a limited power of eminent domain.
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 8313 to read as follows:
CHAPTER 8313. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 64
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8313.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Brazoria County Municipal
Utility District No. 64.
Sec. 8313.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8313.003. CONFIRMATION AND DIRECTORS' 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. 8313.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8313.003
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. 8313.005. 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. 8313.006. 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 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.
[Sections 8313.007-8313.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8313.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8313.052, directors serve
staggered four-year terms.
Sec. 8313.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating 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 Texas Commission on
Environmental Quality 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 8313.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 8313.003 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 8313.003; 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.
[Sections 8313.053-8313.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8313.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8313.102. 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. 8313.103. 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. 8313.104. 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. 8313.105. 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.
Sec. 8313.106. EFFECT OF ANNEXATION BY VILLAGE OF BONNEY.
(a) The Village of Bonney may annex part of the territory of the
district into its corporate limits without annexing all of the
territory of the district under an agreement entered into between
the Village of Bonney and the landowners of the land being annexed.
The district continues in existence following annexation of part of
the territory of the district as described by this subsection.
(b) The district shall be dissolved and its debts and
obligations assumed by the Village of Bonney in accordance with
Chapter 43, Local Government Code, including Sections 43.075 and
43.0715, on annexation of all of the territory of the district by
the Village of Bonney, provided that:
(1) water, sanitary sewer, and drainage improvements,
and roads have been constructed to serve at least 95 percent of the
territory of the district; and
(2) the board adopts a resolution consenting to the
dissolution of the district.
(c) Notwithstanding Section 54.016(f)(2), Water Code, a
contract ("Allocation Agreement") between the Village of Bonney and
the district that provides for the allocation of the taxes or
revenues of the district and the city following the date of
inclusion of all the district's territory in the corporate limits
of the city, may provide that the total annual ad valorem taxes
collected by the city and the district from taxable property in the
district may exceed the city's ad valorem tax on the property.
Sec. 8313.107. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8313.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
Sec. 8313.108. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) 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.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8313.003 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8313.003.
(i) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
8313.004 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
[Sections 8313.109-8313.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8313.151. 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 8313.153.
(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. 8313.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8313.151, 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. 8313.153. 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.
[Sections 8313.154-8313.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8313.201. 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. 8313.202. 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. 8313.203. 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 Brazoria County Municipal Utility District
No. 64 initially includes all the territory contained in the
following area:
BEGINNING at a concrete monument found in the East
right-of-way line of County Road 48 (60.0 feet wide), said point
being the Southwest corner of the aforementioned 137.818 acre tract
and the Northwest corner of the aforementioned 9.404 acre tract;
THENCE North 18 deg. 51 min. 59 sec. West, along the East
right-of-way line of County Road 48, a distance of 2790.11 feet to a
1 inch iron pipe found for the Northwest corner of the herein
described tract at the Northwest corner of said 137.818 acre tract
and the Southwest corner of Paloma Acres, Section I, according to
the Plat recorded in Volume 21, Pages 165-166, Plat Records;
THENCE North 86 deg. 59 min. 40 sec. East, along the
North line of said 137.818 acre tract and the South line of Paloma
Acres, Section I, at 20.0 feet pass a 1/2 inch iron rod found at the
Southwest corner of Lot 1, Section 1, and continue along the South
line of Section 1, and Paloma Acres, Section III, according to the
Plat recorded in Clerk's File 2006-050280, for a total distance of
3368.31 feet to a 1 inch iron pipe found for the Northeast corner of
the herein described tract at the Northeast corner of said 137.818
acre tract in the West right-of-way line of State Highway No. 288
which point is the Northwest corner of a tract described as Parcel
164 in a deed to the State of Texas for the right-of-way of State
Highway No. 288 recorded in Volume 1082, Page 925, Deed Records;
THENCE with the line of Parcel 164, being the Westerly
right-of-way line of State Highway No. 288, following a curve to the
right having a Radius of 11249.16 feet, Central Angle of 06 deg. 39
min. 14 sec., Chord Bearing and Distance of South 24 deg. 58 min. 51
sec. West - 1305.64 feet, for an arc distance of 1306.37 feet to a
1/2 inch iron rod set at the P. T. of said curve;
THENCE South 27 deg. 36 min. 58 sec. West with the line of
Parcel 164 and the line of a tract described as Parcel 165 in Volume
1133, Page 85, Deed Records, being the Westerly right-of-way line
of State Highway No. 288, a distance of 2053.50 feet to a concrete
monument found at the P.C. of a curve to the right;
THENCE with the line of Parcel 165, being the Westerly
right-of-way line of State Highway No. 288, following said curve to
the right having a Radius of 1095.92 feet, Central Angle of 28 deg.
40 min. 03 sec., Chord Bearing and Distance of South 56 deg. 26 min.
43 sec. West - 542.63 feet, for an arc distance of 548.33 feet to a
concrete monument found at the P.T. of said curve;
THENCE South 70 deg. 54 min. 55 sec. West with a line of
Parcel 165 being the Westerly right-of-way line of State Highway
No. 288, a distance of 241.69 feet to a 1/2 inch iron rod set at a
cut-back line in said right-of-way;
THENCE North 64 deg. 05 min. 05 sec. West with the line of
Parcel 165 and said cut-back, a distance of 71.21 feet to a concrete
monument found;
THENCE North 18 deg. 52 min. 09 sec. West with a line of
Parcel 165, a distance of 300.46 feet to a concrete monument found
for corner;
THENCE South 73 deg. 18 min. 08 sec. West with a line of
Parcel 165, a distance of 18.40 feet to a concrete monument found in
the East right-of-way line of County Road 48, said point being the
Westerly Northwest corner of Parcel 165;
THENCE North 21 deg. 09 min. 48 sec. West, along the East
right-of-way line of County Road 48 and the West line of the
aforementioned 9.404 acre tract, a distance of 273.48 feet to the
PLACE OF BEGINNING and containing 148.36 acres of land.
BEGINNING at a 1/2 inch iron rod set for the Southwest corner
of the herein described tract; the Southwest corner of the Stephen
F. Austin League, Abstract 24, the Southeast corner of the Melvin D.
Coleman tract described in Volume 1697, Page 696, Deed Records, the
Southeast corner of the Stephen F. Austin League, Abstract 25, said
point being in the North line of a 209.54 acre tract described in a
deed to Doyle McConathy, Jr. recorded in Clerk's File 97-022435,
and the North line of the Joshua Abbott League, Abstract 144;
THENCE North 03 deg. 37 min. 32 sec. West, along the common
line of Abstract 24 and Abstract 25, being the West line of said
209.194 acre tract and the East line of the Coleman tract, a
distance of 2576.00 feet to a concrete monument found for the
Northwest corner of the herein described tract in the South
right-of-way line of County Road 618 (60.0 feet wide);
THENCE North 87 deg. 18 min. 23 sec. East, along the South
right-of-way line of County Road 618, a distance of 3827.69 feet to
a 1/2 inch iron rod set for the Northeast corner of the herein
described tract in the West right-of-way line of County Road 48;
THENCE South 21 deg. 02 min. 56 sec. East, along the West
right-of-way line of County Road 48, a distance of 172.26 feet to a
concrete monument found for corner at the extreme North corner of a
tract described as Parcel 166 in a deed to the State of Texas for the
right-of-way of State Highway No. 288 recorded in Volume 1133, Page
85, Deed Records;
THENCE South 70 deg. 39 min. 19 sec. West with the line of
Parcel 166, a distance of 27.31 feet to a concrete monument found
for corner;
THENCE South 18 deg. 28 min. 39 sec. East with the line of
Parcel 166, a distance of 149.88 feet to a concrete monument found
at a cut-back corner in said right-of-way;
THENCE South 25 deg. 13 min. 03 sec. West with the line of
Parcel 166 and said cut-back, a distance of 70.30 feet to a concrete
monument found;
THENCE South 72 deg. 03 min. 26 sec. West with the line of
Parcel 166 being the Westerly right-of-way line of State Highway
No. 288, a distance of 51.65 feet to a 1/2 inch iron rod set at the
P.C. of a curve to the left;
THENCE with the line of Parcel 166, being the Westerly
right-of-way line of State Highway No. 288, following said curve to
the left having a Radius of 458.37 feet, Central Angle of 90 deg. 00
min. 02 sec., Chord Bearing and Distance of South 26 deg. 02 min. 38
sec. West - 648.24 feet, for an arc distance of 720.01 feet to a
concrete monument found at the P. T. of said curve;
THENCE South 18 deg. 57 min. 23 sec. East with the line of
Parcel 166 being the Westerly right-of-way line of State Highway
No. 288, a distance of 311.37 feet to a concrete monument found at
the P.C. of a curve to the right;
THENCE with the line of Parcel 166, being the Westerly
right-of-way line of State Highway No. 288, following said curve to
the right having a Radius of 1273.24 feet, Central Angle of 36 deg.
46 min. 50 sec., Chord Bearing and Distance of South 00 deg. 40 min.
40 sec. East - 803.38 feet, for an arc distance of 817.34 feet to a
concrete monument found at the P. T. of said curve;
THENCE South 17 deg. 50 min. 15 sec. West with the line of
Parcel 166, being the westerly right-of-way line of State Highway
No. 288, a distance of 520.91 feet to a 3/4 inch iron pipe found for
the Southeast corner of the herein described tract at the Southeast
corner of said 209.194 acre tract, the Southwest corner of Parcel
166, and the Northeast corner of the aforementioned McConathy
tract, said point being in the common line of Abstract 24 and
Abstract 144;
THENCE South 86 deg. 51 min. 11 sec. West, along the common
line of said Surveys being the South line of said 209.194 acre tract
and the North line of the McConathy tract, a distance of 3336.59
feet to the PLACE OF BEGINNING and containing 210.77 acres of land.
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. 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, 2009.
* * * * *