Texas 2009 - 81st Regular

Texas House Bill HB4104 Compare Versions

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1	1	81R11248 PMO-F
2	2	By: Weber H.B. No. 4104
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Brazoria County Municipal Utility
8	8	District No. 65; providing authority to impose a tax and issue
9	9	bonds; granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8357 to read as follows:
13	13	CHAPTER 8357. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 65
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8357.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Director" means a board member.
18	18	(3) "District" means the Brazoria County Municipal
19	19	Utility District No. 65.
20	20	Sec. 8357.002. NATURE OF DISTRICT. The district is a
21	21	municipal utility district created under Section 59, Article XVI,
22	22	Texas Constitution.
23	23	Sec. 8357.003. CONFIRMATION AND DIRECTORS' ELECTION
24	24	REQUIRED. The temporary directors shall hold an election to
25	25	confirm the creation of the district and to elect five permanent
26	26	directors as provided by Section 49.102, Water Code.
27	27	Sec. 8357.004. CONSENT OF MUNICIPALITY REQUIRED. The
28	28	temporary directors may not hold an election under Section 8357.003
29	29	until each municipality in whose corporate limits or
30	30	extraterritorial jurisdiction the district is located has
31	31	consented by ordinance or resolution to the creation of the
32	32	district and to the inclusion of land in the district.
33	33	Sec. 8357.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
34	34	The district is created to serve a public purpose and benefit.
35	35	(b) The district is created to accomplish the purposes of:
36	36	(1) a municipal utility district as provided by
37	37	general law and Section 59, Article XVI, Texas Constitution; and
38	38	(2) Section 52, Article III, Texas Constitution, that
39	39	relate to the construction, acquisition, or improvement of
40	40	macadamized, graveled, or paved roads described by Section 54.234,
41	41	Water Code, or improvements, including storm drainage, in aid of
42	42	those roads.
43	43	Sec. 8357.006. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act creating this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act creating this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	[Sections 8357.007-8357.050 reserved for expansion]
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 8357.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 8357.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 8357.052. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act creating this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the Texas Commission on
66	66	Environmental Quality requesting that the commission appoint as
67	67	temporary directors the five persons named in the petition. The
68	68	commission shall appoint as temporary directors the five persons
69	69	named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8357.003; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act creating this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8357.003 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8357.003; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	[Sections 8357.053-8357.100 reserved for expansion]
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 8357.101. GENERAL POWERS AND DUTIES. The district has
94	94	the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 8357.102. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 8357.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
102	102	Section 52, Article III, Texas Constitution, the district may
103	103	design, acquire, construct, finance, issue bonds for, improve, and
104	104	convey to this state, a county, or a municipality for operation and
105	105	maintenance macadamized, graveled, or paved roads described by
106	106	Section 54.234, Water Code, or improvements, including storm
107	107	drainage, in aid of those roads.
108	108	(b) The district may exercise the powers provided by this
109	109	section without submitting a petition to or obtaining approval from
110	110	the Texas Commission on Environmental Quality as required by
111	111	Section 54.234, Water Code.
112	112	Sec. 8357.104. APPROVAL OF ROAD PROJECT. (a) The district
113	113	may not undertake a road project authorized by Section 8357.103
114	114	unless:
115	115	(1) each municipality or county that will operate and
116	116	maintain the road has approved the plans and specifications of the
117	117	road project, if a municipality or county will operate and maintain
118	118	the road; or
119	119	(2) the Texas Transportation Commission has approved
120	120	the plans and specifications of the road project, if the state will
121	121	operate and maintain the road.
122	122	(b) Except as provided by Subsection (a), the district is
123	123	not required to obtain approval from the Texas Transportation
124	124	Commission to design, acquire, construct, finance, issue bonds for,
125	125	improve, or convey a road project.
126	126	Sec. 8357.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
127	127	OR RESOLUTION. The district shall comply with all applicable
128	128	requirements of any ordinance or resolution that is adopted under
129	129	Section 54.016 or 54.0165, Water Code, and that consents to the
130	130	creation of the district or to the inclusion of land in the
131	131	district.
132	132	Sec. 8357.106. LIMITATION ON USE OF EMINENT DOMAIN. The
133	133	district may not exercise the power of eminent domain outside the
134	134	district to acquire a site or easement for:
135	135	(1) a road project authorized by Section 8357.103; or
136	136	(2) a recreational facility as defined by Section
137	137	49.462, Water Code.
138	138	[Sections 8357.107-8357.150 reserved for expansion]
139	139	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
140	140	Sec. 8357.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
141	141	district may issue, without an election, bonds and other
142	142	obligations secured by:
143	143	(1) revenue other than ad valorem taxes; or
144	144	(2) contract payments described by Section 8357.153.
145	145	(b) The district must hold an election in the manner
146	146	provided by Chapters 49 and 54, Water Code, to obtain voter approval
147	147	before the district may impose an ad valorem tax or issue bonds
148	148	payable from ad valorem taxes.
149	149	(c) The district may not issue bonds payable from ad valorem
150	150	taxes to finance a road project unless the issuance is approved by a
151	151	vote of a two-thirds majority of the district voters voting at an
152	152	election held for that purpose.
153	153	Sec. 8357.152. OPERATION AND MAINTENANCE TAX. (a) If
154	154	authorized at an election held under Section 8357.151, the district
155	155	may impose an operation and maintenance tax on taxable property in
156	156	the district in accordance with Section 49.107, Water Code.
157	157	(b) The board shall determine the tax rate. The rate may not
158	158	exceed the rate approved at the election.
159	159	Sec. 8357.153. CONTRACT TAXES. (a) In accordance with
160	160	Section 49.108, Water Code, the district may impose a tax other than
161	161	an operation and maintenance tax and use the revenue derived from
162	162	the tax to make payments under a contract after the provisions of
163	163	the contract have been approved by a majority of the district voters
164	164	voting at an election held for that purpose.
165	165	(b) A contract approved by the district voters may contain a
166	166	provision stating that the contract may be modified or amended by
167	167	the board without further voter approval.
168	168	[Sections 8357.154-8357.200 reserved for expansion]
169	169	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
170	170	Sec. 8357.201. AUTHORITY TO ISSUE BONDS AND OTHER
171	171	OBLIGATIONS. The district may issue bonds or other obligations
172	172	payable wholly or partly from ad valorem taxes, impact fees,
173	173	revenue, contract payments, grants, or other district money, or any
174	174	combination of those sources, to pay for any authorized district
175	175	purpose.
176	176	Sec. 8357.202. TAXES FOR BONDS. At the time the district
177	177	issues bonds payable wholly or partly from ad valorem taxes, the
178	178	board shall provide for the annual imposition of a continuing
179	179	direct ad valorem tax, without limit as to rate or amount, while all
180	180	or part of the bonds are outstanding as required and in the manner
181	181	provided by Sections 54.601 and 54.602, Water Code.
182	182	Sec. 8357.203. BONDS FOR ROAD PROJECTS. At the time of
183	183	issuance, the total principal amount of bonds or other obligations
184	184	issued or incurred to finance road projects and payable from ad
185	185	valorem taxes may not exceed one-fourth of the assessed value of the
186	186	real property in the district.
187	187	SECTION 2. The Brazoria County Municipal Utility District
188	188	No. 65 initially includes all the territory contained in the
189	189	following area:
190	190	THREE TRACTS OF LAND TOTALING 367.24 ACRES DESCRIBED AS FOLLOWS:
191	191	PARCEL 1:
192	192	A survey of 123.68 acres out of Lots 20 and 21 of the Bogart
193	193	and Taylor Subdivision of the West 1/2 of the W.D.C. Hall League,
194	194	Abstract 69 according to the Plat recorded in Volume 1, Page 64 of
195	195	the Map Records of Brazoria County, Texas (B.C.M.R), and being more
196	196	particularly described by metes and bounds as follows:
197	197	BEGINNING at the Southwest corner of Lot 20 at a concrete
198	198	monument set on the North right-of-way line of County Road #51 for
199	199	the most Southern Southwest corner of this tract and the POINT OF
200	200	BEGINNING;
201	201	THENCE, North 02 degrees 51 minutes 52 seconds West, along
202	202	the West lines of Lot 20, same being the East line of that tract of
203	203	land (Lots 10, 11, and 19, Bogart and Taylor) as described by deed
204	204	recorded in Clerk's File No. 85030634 of Brazoria County, Texas
205	205	(B.C.C.F.), a distance of 3,416.87 feet to the present Northwest
206	206	corner of Lot 20 and a point lying on the centerline of Ditch
207	207	316-00-00 as recorded in Iowa Colony Drainage District No. 5 for the
208	208	most Western Northwest corner of this tract;
209	209	THENCE, North 86 degrees 57 minutes 14 seconds East, along
210	210	the said centerline of Ditch 316-00-00, a distance of 1,707.48 feet
211	211	for the most Northern Northeast corner of this tract and lying on
212	212	the West right-of-way line of State Highway 288;
213	213	THENCE South 03 degrees 00 minutes 50 seconds East, along the
214	214	West right-of-way line of State Highway 288, a distance of 1,622.37
215	215	feet and to found concrete monument at an angle point in the East
216	216	line of the herein described tract and located at North:
217	217	13682078.1065 / East: 3107137.5618 (NAD83), point also being the
218	218	most Eastern corner of the herein described tract;
219	219	THENCE South 00 degrees 52 minutes 45 seconds West, along the
220	220	West right-of-way line of State Highway 288, a distance of 543.00
221	221	feet to a found concrete monument marking a point of curvature;
222	222	THENCE, along the West right-of-way line of State Highway
223	223	288, along said curve to the right having a radius of 1,041.74 feet
224	224	through a central angle of 46 degrees 27 minutes 46 seconds, an arc
225	225	length of 844.78 feet to a found concrete monument marking a point
226	226	of tangency, long chord of said curve bears South 24 degrees 16
227	227	minutes 16 seconds West, 821.82 feet;
228	228	THENCE South 47 degrees 31 minutes 18 seconds West, along the
229	229	West right-of-way line of State Highway 288, a distance of 140.03
230	230	feet to a found concrete monument marking the point of curvature of
231	231	another curve;
232	232	THENCE, along the West right-of-way line of State Highway
233	233	288, along said curve to the left having a radius of 525.00 feet
234	234	through a central angle of 47 degrees 48 minutes 38 seconds, an arc
235	235	length of 438.09 feet to a found concrete monument marking a point
236	236	of tangency, long chord of said curve bears South 23 degrees 41
237	237	minutes 02 seconds West, 425.49 feet;
238	238	THENCE South 43 degrees 06 minutes 27 seconds West, along the
239	239	West right-of-way line of State Highway 288 and the North
240	240	right-of-way of County Road 51, a distance of 36.74 feet to a found
241	241	concrete monument at an angle point and marking the Southwest
242	242	corner of said cut-back;
243	243	THENCE South 86 degrees 58 minutes 20 seconds West, along the
244	244	North right-of-way of County Road 51, a distance of 212.53 feet to a
245	245	found concrete monument at an angle point;
246	246	THENCE South 01 degrees 32 minutes 04 seconds East, along the
247	247	North right-of-way of County Road 51, a distance of 28.33 feet to a
248	248	found concrete monument at an angle point;
249	249	THENCE South 86 degrees 57 minutes 35 seconds West, along the
250	250	North line of County Road 51, a distance of 763.77 feet to a
251	251	concrete monument and the POINT OF BEGINNING and containing 123.68
252	252	acres of land, more or less, and being a part of the same property
253	253	described in the deed "Tract C" as described in the B.C.C.F. No.
254	254	2008-037928, to which deed and the record thereof reference is here
255	255	made for all appropriate purposes.
256	256	PARCEL 1A:
257	257	All that certain 103.61 acres tract of land, being a part of
258	258	that certain called 264.533 Acre Tract containing Lots 10, 11, and
259	259	19 of the Bogart and Taylor Subdivision of the West 1/2 of the
260	260	W.D.C. Hall League, Abstract 69, Brazoria County, Texas, a Plat of
261	261	record in Volume 16, at Pages 518 and 519 of the Deed Records of
262	262	Brazoria County, Texas (B.C.D.R.), and being that 264.533 Acre
263	263	Tract described in a deed from Buffet Inc. to Tehama Communities,
264	264	LLP recorded in Clerk's File (C.F.) 2005-069871, said 103.61 acres
265	265	tract of land being more particularly described as follows:
266	266	BEGINNING at a 4-inch square concrete monument found at the
267	267	Southeast corner of said Lot 19, said concrete monument being the
268	268	same described in that certain deed to Claud B. Hamill recorded in
269	269	Volume 1121, at Page 386 of the B.C.D.R., being also the Southwest
270	270	corner of Lot 20 of said Bogart and Taylor Subdivision;
271	271	THENCE South 87 degrees 02 minutes 24 seconds West, 1,319.26
272	272	feet coincident with the South line of said Lot 19, being also the
273	273	North line of County Road 51, a 60-foot wide right-of-way, to a
274	274	1-inch galvanized iron pipe found for corner at the Southwest
275	275	corner of said Lot 19;
276	276	THENCE North 03 degrees 02 minutes 53 seconds West, 3,420.00
277	277	feet coincident with the West line of said Lot 19 to a point for
278	278	corner, from which a 1/2-inch iron rod set for reference bears North
279	279	78 degrees 12 minutes 16 seconds East, 63.35 feet;
280	280	THENCE North 86 degrees 57 minutes 14 seconds East, 1,319.26
281	281	feet coincident with the North line of said Lot 19, being also the
282	282	South line of Lot 10 of said Bogart and Taylor Subdivision point
283	283	also being the Northeast corner of this tract;
284	284	THENCE South 03 degrees 02 minutes 53 seconds East, 3,421.98
285	285	feet coincident with the West line of said Claud B. Hamill tract to
286	286	the PLACE OF BEGINNING, containing 103.61 acres of land, more or
287	287	less.
288	288	PARCEL 2:
289	289	A survey of 139.95 acres of land, being a part of that certain
290	290	called 325.54 Acre Tract containing Lots 15, 16, and 17, and those
291	291	platted roads lying between said lots, of the Bogart and Taylor
292	292	Subdivision of the West 1/2 of the W.D.C. Hall League, Abstract 69,
293	293	Brazoria County, Texas, according to the Plat recorded in Volume 1,
294	294	Page 64, Plat Records, and Volume 16, Pages 518-519, Deed Records of
295	295	Brazoria County, Texas (B.C.D.R.), and being a part of that certain
296	296	called 326.04 Acre Tract described in a deed from Elmer M. Cannon,
297	297	Jr. to Tehama Communities, LLP recorded in Clerk's File (C.F.)
298	298	2006-074531, said 139.95 Acre Tract being more particularly
299	299	described as follows:
300	300	BEGINNING at a 3/4 inch iron pipe found in the West
301	301	right-of-way line of County Road 48 (60.0 feet wide) at the most
302	302	Eastern Southeast corner of the herein described tract and the
303	303	Northeast corner of a tract described in Volume 760, Page 411,
304	304	B.C.D.R., said point being located South 03 degrees 02 minutes 44
305	305	seconds East 4,399.65 feet from a sucker rod found at intersection
306	306	of the West right-of-way line of County Road 48 with the South
307	307	right-of-way line of County Road 841 (60.0 feet wide);
308	308	THENCE South 87 degrees 03 minutes 31 seconds West, along the
309	309	North line of said tract, 1,317.29 feet, to a 1- 1/4 inch iron pipe
310	310	found for corner at the Northwest corner of said tract described in
311	311	Volume 760, Page 411, B.C.D.R.;
312	312	THENCE South 04 degrees 01 minute 26 seconds East, along the
313	313	West line of said tract, 306.18 feet, to a 3 inch iron pipe found for
314	314	corner at the Northeast corner of the Stephen Coleman tract
315	315	described in C.F. 1998-011886;
316	316	THENCE South 87 degrees 08 minutes 31 seconds West, along the
317	317	North line of the Coleman tract, 1329.32 feet, to a 2 inch iron pipe
318	318	found for corner at the Southern most Southwest corner of the herein
319	319	tract and the aforesaid 326.04 Acre Tract;
320	320	THENCE North 02 degrees 42 minutes 18 seconds West, along the
321	321	West line of said 326.04 Acre Tract and the Easterly line of a
322	322	former 60.0 foot platted road, closed by document in Volume 1359,
323	323	Page 945, B.C.D.R., 661.35 feet, to a 1- 1/4 inch iron pipe found
324	324	for angle point;
325	325	THENCE North 03 degrees 07 minutes 30 seconds West,
326	326	continuing along the West line of said 326.04 Acre Tract and the
327	327	Easterly line of said platted road, 484.85 feet, to a 1/2 inch iron
328	328	rod capped "Stroud RPLS 2112" found for corner;
329	329	THENCE South 86 degrees 56 minutes 50 seconds West, along a
330	330	Southerly line of said 326.04 Acre Tract, at 60.0 feet pass a 1/2
331	331	inch iron rod capped "Stroud RPLS 2112" found in the West
332	332	right-of-way line of said 60.0 foot platted road, and continue for a
333	333	total distance of 983.63 feet to a 1/2 inch iron rod capped "Stroud
334	334	RPLS 2112" found for corner in the Northeast right-of-way line of
335	335	F.M. 521 (100.0 feet wide);
336	336	THENCE North 18 degrees 47 minutes 40 seconds West, along
337	337	said Northeast right-of-way line of F.M. 521, 959.36 feet, to the
338	338	centerline of a 60.0 foot platted road (not open) for corner, said
339	339	point being the Western most Northwest corner of the herein tract;
340	340	THENCE North 86 degrees 57 minutes 14 seconds East, along
341	341	said centerline of a 60.0 foot platted road (not open), 3,882.14
342	342	feet, to the aforesaid West right-of-way line of County Road 48 for
343	343	corner, said point being the Northern most Northeast corner for the
344	344	herein described tract;
345	345	THENCE South 03 degrees 02 minutes 44 seconds East, along the
346	346	said West right-of-way line of County Road 48, 1,770.06 feet, to the
347	347	POINT OF BEGINNING and containing 139.95 acres of land.
348	348	SECTION 3. (a) The legal notice of the intention to
349	349	introduce this Act, setting forth the general substance of this
350	350	Act, has been published as provided by law, and the notice and a
351	351	copy of this Act have been furnished to all persons, agencies,
352	352	officials, or entities to which they are required to be furnished
353	353	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
354	354	Government Code.
355	355	(b) The governor, one of the required recipients, has
356	356	submitted the notice and Act to the Texas Commission on
357	357	Environmental Quality.
358	358	(c) The Texas Commission on Environmental Quality has filed
359	359	its recommendations relating to this Act with the governor, the
360	360	lieutenant governor, and the speaker of the house of
361	361	representatives within the required time.
362	362	(d) All requirements of the constitution and laws of this
363	363	state and the rules and procedures of the legislature with respect
364	364	to the notice, introduction, and passage of this Act are fulfilled
365	365	and accomplished.
366	366	SECTION 4. This Act takes effect immediately if it receives
367	367	a vote of two-thirds of all the members elected to each house, as
368	368	provided by Section 39, Article III, Texas Constitution. If this
369	369	Act does not receive the vote necessary for immediate effect, this
370	370	Act takes effect September 1, 2009.