Texas 2009 - 81st Regular

Texas Senate Bill SB2460 Compare Versions

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1	1	S.B. No. 2460
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Brazoria County Municipal Utility
6	6	District No. 65; providing authority to impose a tax and issue
7	7	bonds; granting a limited power of eminent domain.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 8357 to read as follows:
11	11	CHAPTER 8357. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 65
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 8357.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "Director" means a board member.
16	16	(3) "District" means the Brazoria County Municipal
17	17	Utility District No. 65.
18	18	Sec. 8357.002. NATURE OF DISTRICT. The district is a
19	19	municipal utility district created under Section 59, Article XVI,
20	20	Texas Constitution.
21	21	Sec. 8357.003. CONFIRMATION AND DIRECTORS' ELECTION
22	22	REQUIRED. The temporary directors shall hold an election to
23	23	confirm the creation of the district and to elect five permanent
24	24	directors as provided by Section 49.102, Water Code.
25	25	Sec. 8357.004. CONSENT OF MUNICIPALITY REQUIRED. The
26	26	temporary directors may not hold an election under Section 8357.003
27	27	until each municipality in whose corporate limits or
28	28	extraterritorial jurisdiction the district is located has
29	29	consented by ordinance or resolution to the creation of the
30	30	district and to the inclusion of land in the district.
31	31	Sec. 8357.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
32	32	(a) The district is created to serve a public purpose and benefit.
33	33	(b) The district is created to accomplish the purposes of:
34	34	(1) a municipal utility district as provided by
35	35	general law and Section 59, Article XVI, Texas Constitution; and
36	36	(2) Section 52, Article III, Texas Constitution, that
37	37	relate to the construction, acquisition, or improvement of
38	38	macadamized, graveled, or paved roads described by Section 54.234,
39	39	Water Code, or improvements, including storm drainage, in aid of
40	40	those roads.
41	41	Sec. 8357.006. INITIAL DISTRICT TERRITORY. (a) The
42	42	district is initially composed of the territory described by
43	43	Section 2 of the Act creating this chapter.
44	44	(b) The boundaries and field notes contained in Section 2 of
45	45	the Act creating this chapter form a closure. A mistake made in the
46	46	field notes or in copying the field notes in the legislative process
47	47	does not affect the district's:
48	48	(1) organization, existence, or validity;
49	49	(2) right to issue any type of bond for the purposes
50	50	for which the district is created or to pay the principal of and
51	51	interest on a bond;
52	52	(3) right to impose a tax; or
53	53	(4) legality or operation.
54	54	[Sections 8357.007-8357.050 reserved for expansion]
55	55	SUBCHAPTER B. BOARD OF DIRECTORS
56	56	Sec. 8357.051. GOVERNING BODY; TERMS. (a) The district is
57	57	governed by a board of five elected directors.
58	58	(b) Except as provided by Section 8357.052, directors serve
59	59	staggered four-year terms.
60	60	Sec. 8357.052. TEMPORARY DIRECTORS. (a) On or after the
61	61	effective date of the Act creating this chapter, the owner or owners
62	62	of a majority of the assessed value of the real property in the
63	63	district may submit a petition to the Texas Commission on
64	64	Environmental Quality requesting that the commission appoint as
65	65	temporary directors the five persons named in the petition. The
66	66	commission shall appoint as temporary directors the five persons
67	67	named in the petition.
68	68	(b) Temporary directors serve until the earlier of:
69	69	(1) the date permanent directors are elected under
70	70	Section 8357.003; or
71	71	(2) the fourth anniversary of the effective date of
72	72	the Act creating this chapter.
73	73	(c) If permanent directors have not been elected under
74	74	Section 8357.003 and the terms of the temporary directors have
75	75	expired, successor temporary directors shall be appointed or
76	76	reappointed as provided by Subsection (d) to serve terms that
77	77	expire on the earlier of:
78	78	(1) the date permanent directors are elected under
79	79	Section 8357.003; or
80	80	(2) the fourth anniversary of the date of the
81	81	appointment or reappointment.
82	82	(d) If Subsection (c) applies, the owner or owners of a
83	83	majority of the assessed value of the real property in the district
84	84	may submit a petition to the Texas Commission on Environmental
85	85	Quality requesting that the commission appoint as successor
86	86	temporary directors the five persons named in the petition. The
87	87	commission shall appoint as successor temporary directors the five
88	88	persons named in the petition.
89	89	[Sections 8357.053-8357.100 reserved for expansion]
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 8357.101. GENERAL POWERS AND DUTIES. The district has
92	92	the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 8357.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 8357.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
100	100	Section 52, Article III, Texas Constitution, the district may
101	101	design, acquire, construct, finance, issue bonds for, improve, and
102	102	convey to this state, a county, or a municipality for operation and
103	103	maintenance macadamized, graveled, or paved roads described by
104	104	Section 54.234, Water Code, or improvements, including storm
105	105	drainage, in aid of those roads.
106	106	(b) The district may exercise the powers provided by this
107	107	section without submitting a petition to or obtaining approval from
108	108	the Texas Commission on Environmental Quality as required by
109	109	Section 54.234, Water Code.
110	110	Sec. 8357.104. APPROVAL OF ROAD PROJECT. (a) The district
111	111	may not undertake a road project authorized by Section 8357.103
112	112	unless:
113	113	(1) each municipality or county that will operate and
114	114	maintain the road has approved the plans and specifications of the
115	115	road project, if a municipality or county will operate and maintain
116	116	the road; or
117	117	(2) the Texas Transportation Commission has approved
118	118	the plans and specifications of the road project, if the state will
119	119	operate and maintain the road.
120	120	(b) Except as provided by Subsection (a), the district is
121	121	not required to obtain approval from the Texas Transportation
122	122	Commission to design, acquire, construct, finance, issue bonds for,
123	123	improve, or convey a road project.
124	124	Sec. 8357.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
125	125	OR RESOLUTION. The district shall comply with all applicable
126	126	requirements of any ordinance or resolution that is adopted under
127	127	Section 54.016 or 54.0165, Water Code, and that consents to the
128	128	creation of the district or to the inclusion of land in the
129	129	district.
130	130	Sec. 8357.106. LIMITATION ON USE OF EMINENT DOMAIN. The
131	131	district may not exercise the power of eminent domain outside the
132	132	district to acquire a site or easement for:
133	133	(1) a road project authorized by Section 8357.103; or
134	134	(2) a recreational facility as defined by Section
135	135	49.462, Water Code.
136	136	[Sections 8357.107-8357.150 reserved for expansion]
137	137	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
138	138	Sec. 8357.151. ELECTIONS REGARDING TAXES OR BONDS.
139	139	(a) The district may issue, without an election, bonds and other
140	140	obligations secured by:
141	141	(1) revenue other than ad valorem taxes; or
142	142	(2) contract payments described by Section 8357.153.
143	143	(b) The district must hold an election in the manner
144	144	provided by Chapters 49 and 54, Water Code, to obtain voter approval
145	145	before the district may impose an ad valorem tax or issue bonds
146	146	payable from ad valorem taxes.
147	147	(c) The district may not issue bonds payable from ad valorem
148	148	taxes to finance a road project unless the issuance is approved by a
149	149	vote of a two-thirds majority of the district voters voting at an
150	150	election held for that purpose.
151	151	Sec. 8357.152. OPERATION AND MAINTENANCE TAX. (a) If
152	152	authorized at an election held under Section 8357.151, the district
153	153	may impose an operation and maintenance tax on taxable property in
154	154	the district in accordance with Section 49.107, Water Code.
155	155	(b) The board shall determine the tax rate. The rate may not
156	156	exceed the rate approved at the election.
157	157	Sec. 8357.153. CONTRACT TAXES. (a) In accordance with
158	158	Section 49.108, Water Code, the district may impose a tax other than
159	159	an operation and maintenance tax and use the revenue derived from
160	160	the tax to make payments under a contract after the provisions of
161	161	the contract have been approved by a majority of the district voters
162	162	voting at an election held for that purpose.
163	163	(b) A contract approved by the district voters may contain a
164	164	provision stating that the contract may be modified or amended by
165	165	the board without further voter approval.
166	166	[Sections 8357.154-8357.200 reserved for expansion]
167	167	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
168	168	Sec. 8357.201. AUTHORITY TO ISSUE BONDS AND OTHER
169	169	OBLIGATIONS. The district may issue bonds or other obligations
170	170	payable wholly or partly from ad valorem taxes, impact fees,
171	171	revenue, contract payments, grants, or other district money, or any
172	172	combination of those sources, to pay for any authorized district
173	173	purpose.
174	174	Sec. 8357.202. TAXES FOR BONDS. At the time the district
175	175	issues bonds payable wholly or partly from ad valorem taxes, the
176	176	board shall provide for the annual imposition of a continuing
177	177	direct ad valorem tax, without limit as to rate or amount, while all
178	178	or part of the bonds are outstanding as required and in the manner
179	179	provided by Sections 54.601 and 54.602, Water Code.
180	180	Sec. 8357.203. BONDS FOR ROAD PROJECTS. At the time of
181	181	issuance, the total principal amount of bonds or other obligations
182	182	issued or incurred to finance road projects and payable from ad
183	183	valorem taxes may not exceed one-fourth of the assessed value of the
184	184	real property in the district.
185	185	SECTION 2. The Brazoria County Municipal Utility District
186	186	No. 65 initially includes all the territory contained in the
187	187	following area:
188	188	THREE TRACTS OF LAND TOTALING 367.24 ACRES DESCRIBED AS FOLLOWS:
189	189	PARCEL 1:
190	190	A survey of 123.68 acres out of Lots 20 and 21 of the Bogart
191	191	and Taylor Subdivision of the West 1/2 of the W.D.C. Hall League,
192	192	Abstract 69 according to the Plat recorded in Volume 1, Page 64 of
193	193	the Map Records of Brazoria County, Texas (B.C.M.R), and being more
194	194	particularly described by metes and bounds as follows:
195	195	BEGINNING at the Southwest corner of Lot 20 at a concrete
196	196	monument set on the North right-of-way line of County Road #51 for
197	197	the most Southern Southwest corner of this tract and the POINT OF
198	198	BEGINNING;
199	199	THENCE, North 02 degrees 51 minutes 52 seconds West, along
200	200	the West lines of Lot 20, same being the East line of that tract of
201	201	land (Lots 10, 11, and 19, Bogart and Taylor) as described by deed
202	202	recorded in Clerk's File No. 85030634 of Brazoria County, Texas
203	203	(B.C.C.F.), a distance of 3,416.87 feet to the present Northwest
204	204	corner of Lot 20 and a point lying on the centerline of Ditch
205	205	316-00-00 as recorded in Iowa Colony Drainage District No. 5 for the
206	206	most Western Northwest corner of this tract;
207	207	THENCE, North 86 degrees 57 minutes 14 seconds East, along
208	208	the said centerline of Ditch 316-00-00, a distance of 1,707.48 feet
209	209	for the most Northern Northeast corner of this tract and lying on
210	210	the West right-of-way line of State Highway 288;
211	211	THENCE South 03 degrees 00 minutes 50 seconds East, along the
212	212	West right-of-way line of State Highway 288, a distance of 1,622.37
213	213	feet and to found concrete monument at an angle point in the East
214	214	line of the herein described tract and located at North:
215	215	13682078.1065 / East: 3107137.5618 (NAD83), point also being the
216	216	most Eastern corner of the herein described tract;
217	217	THENCE South 00 degrees 52 minutes 45 seconds West, along the
218	218	West right-of-way line of State Highway 288, a distance of 543.00
219	219	feet to a found concrete monument marking a point of curvature;
220	220	THENCE, along the West right-of-way line of State Highway
221	221	288, along said curve to the right having a radius of 1,041.74 feet
222	222	through a central angle of 46 degrees 27 minutes 46 seconds, an arc
223	223	length of 844.78 feet to a found concrete monument marking a point
224	224	of tangency, long chord of said curve bears South 24 degrees 16
225	225	minutes 16 seconds West, 821.82 feet;
226	226	THENCE South 47 degrees 31 minutes 18 seconds West, along the
227	227	West right-of-way line of State Highway 288, a distance of 140.03
228	228	feet to a found concrete monument marking the point of curvature of
229	229	another curve;
230	230	THENCE, along the West right-of-way line of State Highway
231	231	288, along said curve to the left having a radius of 525.00 feet
232	232	through a central angle of 47 degrees 48 minutes 38 seconds, an arc
233	233	length of 438.09 feet to a found concrete monument marking a point
234	234	of tangency, long chord of said curve bears South 23 degrees 41
235	235	minutes 02 seconds West, 425.49 feet;
236	236	THENCE South 43 degrees 06 minutes 27 seconds West, along the
237	237	West right-of-way line of State Highway 288 and the North
238	238	right-of-way of County Road 51, a distance of 36.74 feet to a found
239	239	concrete monument at an angle point and marking the Southwest
240	240	corner of said cut-back;
241	241	THENCE South 86 degrees 58 minutes 20 seconds West, along the
242	242	North right-of-way of County Road 51, a distance of 212.53 feet to a
243	243	found concrete monument at an angle point;
244	244	THENCE South 01 degrees 32 minutes 04 seconds East, along the
245	245	North right-of-way of County Road 51, a distance of 28.33 feet to a
246	246	found concrete monument at an angle point;
247	247	THENCE South 86 degrees 57 minutes 35 seconds West, along the
248	248	North line of County Road 51, a distance of 763.77 feet to a
249	249	concrete monument and the POINT OF BEGINNING and containing 123.68
250	250	acres of land, more or less, and being a part of the same property
251	251	described in the deed "Tract C" as described in the B.C.C.F. No.
252	252	2008-037928, to which deed and the record thereof reference is here
253	253	made for all appropriate purposes.
254	254	PARCEL 1A:
255	255	All that certain 103.61 acres tract of land, being a part of
256	256	that certain called 264.533 Acre Tract containing Lots 10, 11, and
257	257	19 of the Bogart and Taylor Subdivision of the West 1/2 of the
258	258	W.D.C. Hall League, Abstract 69, Brazoria County, Texas, a Plat of
259	259	record in Volume 16, at Pages 518 and 519 of the Deed Records of
260	260	Brazoria County, Texas (B.C.D.R.), and being that 264.533 Acre
261	261	Tract described in a deed from Buffet Inc. to Tehama Communities,
262	262	LLP recorded in Clerk's File (C.F.) 2005-069871, said 103.61 acres
263	263	tract of land being more particularly described as follows:
264	264	BEGINNING at a 4-inch square concrete monument found at the
265	265	Southeast corner of said Lot 19, said concrete monument being the
266	266	same described in that certain deed to Claud B. Hamill recorded in
267	267	Volume 1121, at Page 386 of the B.C.D.R., being also the Southwest
268	268	corner of Lot 20 of said Bogart and Taylor Subdivision;
269	269	THENCE South 87 degrees 02 minutes 24 seconds West, 1,319.26
270	270	feet coincident with the South line of said Lot 19, being also the
271	271	North line of County Road 51, a 60-foot wide right-of-way, to a
272	272	1-inch galvanized iron pipe found for corner at the Southwest
273	273	corner of said Lot 19;
274	274	THENCE North 03 degrees 02 minutes 53 seconds West, 3,420.00
275	275	feet coincident with the West line of said Lot 19 to a point for
276	276	corner, from which a 1/2-inch iron rod set for reference bears North
277	277	78 degrees 12 minutes 16 seconds East, 63.35 feet;
278	278	THENCE North 86 degrees 57 minutes 14 seconds East, 1,319.26
279	279	feet coincident with the North line of said Lot 19, being also the
280	280	South line of Lot 10 of said Bogart and Taylor Subdivision point
281	281	also being the Northeast corner of this tract;
282	282	THENCE South 03 degrees 02 minutes 53 seconds East, 3,421.98
283	283	feet coincident with the West line of said Claud B. Hamill tract to
284	284	the PLACE OF BEGINNING, containing 103.61 acres of land, more or
285	285	less.
286	286	PARCEL 2:
287	287	A survey of 139.95 acres of land, being a part of that certain
288	288	called 325.54 Acre Tract containing Lots 15, 16, and 17, and those
289	289	platted roads lying between said lots, of the Bogart and Taylor
290	290	Subdivision of the West 1/2 of the W.D.C. Hall League, Abstract 69,
291	291	Brazoria County, Texas, according to the Plat recorded in Volume 1,
292	292	Page 64, Plat Records, and Volume 16, Pages 518-519, Deed Records of
293	293	Brazoria County, Texas (B.C.D.R.), and being a part of that certain
294	294	called 326.04 Acre Tract described in a deed from Elmer M. Cannon,
295	295	Jr. to Tehama Communities, LLP recorded in Clerk's File (C.F.)
296	296	2006-074531, said 139.95 Acre Tract being more particularly
297	297	described as follows:
298	298	BEGINNING at a 3/4 inch iron pipe found in the West
299	299	right-of-way line of County Road 48 (60.0 feet wide) at the most
300	300	Eastern Southeast corner of the herein described tract and the
301	301	Northeast corner of a tract described in Volume 760, Page 411,
302	302	B.C.D.R., said point being located South 03 degrees 02 minutes 44
303	303	seconds East 4,399.65 feet from a sucker rod found at intersection
304	304	of the West right-of-way line of County Road 48 with the South
305	305	right-of-way line of County Road 841 (60.0 feet wide);
306	306	THENCE South 87 degrees 03 minutes 31 seconds West, along the
307	307	North line of said tract, 1,317.29 feet, to a 1- 1/4 inch iron pipe
308	308	found for corner at the Northwest corner of said tract described in
309	309	Volume 760, Page 411, B.C.D.R.;
310	310	THENCE South 04 degrees 01 minute 26 seconds East, along the
311	311	West line of said tract, 306.18 feet, to a 3 inch iron pipe found for
312	312	corner at the Northeast corner of the Stephen Coleman tract
313	313	described in C.F. 1998-011886;
314	314	THENCE South 87 degrees 08 minutes 31 seconds West, along the
315	315	North line of the Coleman tract, 1329.32 feet, to a 2 inch iron pipe
316	316	found for corner at the Southern most Southwest corner of the herein
317	317	tract and the aforesaid 326.04 Acre Tract;
318	318	THENCE North 02 degrees 42 minutes 18 seconds West, along the
319	319	West line of said 326.04 Acre Tract and the Easterly line of a
320	320	former 60.0 foot platted road, closed by document in Volume 1359,
321	321	Page 945, B.C.D.R., 661.35 feet, to a 1- 1/4 inch iron pipe found
322	322	for angle point;
323	323	THENCE North 03 degrees 07 minutes 30 seconds West,
324	324	continuing along the West line of said 326.04 Acre Tract and the
325	325	Easterly line of said platted road, 484.85 feet, to a 1/2 inch iron
326	326	rod capped "Stroud RPLS 2112" found for corner;
327	327	THENCE South 86 degrees 56 minutes 50 seconds West, along a
328	328	Southerly line of said 326.04 Acre Tract, at 60.0 feet pass a 1/2
329	329	inch iron rod capped "Stroud RPLS 2112" found in the West
330	330	right-of-way line of said 60.0 foot platted road, and continue for a
331	331	total distance of 983.63 feet to a 1/2 inch iron rod capped "Stroud
332	332	RPLS 2112" found for corner in the Northeast right-of-way line of
333	333	F.M. 521 (100.0 feet wide);
334	334	THENCE North 18 degrees 47 minutes 40 seconds West, along
335	335	said Northeast right-of-way line of F.M. 521, 959.36 feet, to the
336	336	centerline of a 60.0 foot platted road (not open) for corner, said
337	337	point being the Western most Northwest corner of the herein tract;
338	338	THENCE North 86 degrees 57 minutes 14 seconds East, along
339	339	said centerline of a 60.0 foot platted road (not open), 3,882.14
340	340	feet, to the aforesaid West right-of-way line of County Road 48 for
341	341	corner, said point being the Northern most Northeast corner for the
342	342	herein described tract;
343	343	THENCE South 03 degrees 02 minutes 44 seconds East, along the
344	344	said West right-of-way line of County Road 48, 1,770.06 feet, to the
345	345	POINT OF BEGINNING and containing 139.95 acres of land.
346	346	SECTION 3. (a) The legal notice of the intention to
347	347	introduce this Act, setting forth the general substance of this
348	348	Act, has been published as provided by law, and the notice and a
349	349	copy of this Act have been furnished to all persons, agencies,
350	350	officials, or entities to which they are required to be furnished
351	351	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
352	352	Government Code.
353	353	(b) The governor, one of the required recipients, has
354	354	submitted the notice and Act to the Texas Commission on
355	355	Environmental Quality.
356	356	(c) The Texas Commission on Environmental Quality has filed
357	357	its recommendations relating to this Act with the governor, the
358	358	lieutenant governor, and the speaker of the house of
359	359	representatives within the required time.
360	360	(d) All requirements of the constitution and laws of this
361	361	state and the rules and procedures of the legislature with respect
362	362	to the notice, introduction, and passage of this Act are fulfilled
363	363	and accomplished.
364	364	SECTION 4. This Act takes effect immediately if it receives
365	365	a vote of two-thirds of all the members elected to each house, as
366	366	provided by Section 39, Article III, Texas Constitution. If this
367	367	Act does not receive the vote necessary for immediate effect, this
368	368	Act takes effect September 1, 2009.
369	369	______________________________ ______________________________
370	370	President of the Senate Speaker of the House
371	371	I hereby certify that S.B. No. 2460 passed the Senate on
372	372	April 30, 2009, by the following vote: Yeas 31, Nays 0.
373	373	______________________________
374	374	Secretary of the Senate
375	375	I hereby certify that S.B. No. 2460 passed the House on
376	376	May 25, 2009, by the following vote: Yeas 144, Nays 0, two
377	377	present not voting.
378	378	______________________________
379	379	Chief Clerk of the House
380	380	Approved:
381	381	______________________________
382	382	Date
383	383	______________________________
384	384	Governor