S.B. No. 2512
AN ACT
relating to the creation of the Chambers County Improvement
District No. 3; granting road powers; 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 8361 to read as follows:
CHAPTER 8361. CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8361.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Chambers County Improvement
District No. 3.
Sec. 8361.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8361.003. 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. 8361.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8361.003
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. 8361.005. 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. 8361.006. 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 8361.007-8361.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8361.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8361.052, directors serve
staggered four-year terms.
Sec. 8361.052. 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 8361.003; 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 8361.003 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 8361.003; 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 Texas Commission on Environmental
Quality 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 8361.053-8361.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8361.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8361.102. 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. 8361.103. 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. 8361.104. 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. 8361.105. 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. 8361.106. 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 8361.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
Sec. 8361.107. 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
8361.003 to confirm the district's creation.
(f) An order dividing the district:
(1) shall:
(A) name each new district;
(B) include the metes and bounds of each new
district;
(C) appoint temporary directors for each new
district, or provide that the owner or owners of a majority of the
assessed value of the real property in each new 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; and
(D) provide for the division of assets and
liabilities between or among the new districts; and
(2) is subject to a confirmation election in each new
district.
(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 8361.003. The results of that election must be filed as
required by Sections 49.102(e) and (f), Water Code. If the voters
of a new district do not confirm the creation of the new district,
the assets, liabilities, territory, and governance of the new
district revert to the original district.
(i) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
8361.004 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.
Sec. 8361.108. FIREFIGHTING AND EMERGENCY MEDICAL
SERVICES. Subchapter L, Chapter 49, Water Code, applies to the
district.
Sec. 8361.109. FEASIBILITY EVALUATION. For purposes of any
applicable evaluation by the Texas Commission on Environmental
Quality of the economic feasibility of the district or its projects
and bonds, debt service tax rate, maintenance tax rate, or
overlapping tax rate, the district shall be treated as a municipal
utility district situated wholly within Harris County.
[Sections 8361.110-8361.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8361.151. 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 8361.153.
(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. 8361.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8361.151, 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. 8361.153. 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 8361.154-8361.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8361.201. 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. 8361.202. 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. 8361.203. 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 Chambers County Improvement District No. 3
initially includes all the territory contained in the following
area:
A certain 880.30 acre tract, situated in the Jacob Townsend
Survey, Abstract No. 25, the R. A. West Survey, Abstract No. 314,
the Kate Dugat Survey, Abstract No. 416, and the A. B. J. Winfree
Survey, Abstract No. 306 all in Chambers County, Texas; being all of
a called 285.48 acre tract (Tract 1), all of a called 129.96 acre
tract (Tract 2), and all of a called 254.14 acre tract (Tract 3)
described in Special Warranty Deed with Vendor's Lien recorded in
Volume (08) 1067, Page 264 of the Chambers County Official Public
Records, and all of a called 210.72 acre tract described in Special
Warranty Deed recorded in Volume (08) 1074, Page 223 of the Chambers
County Official Public Records; said 880.30 acre tract being
comprised of three tracts and being more particularly described as
follows with all bearings being based on the Texas Coordinate
System, South Central Zone, NAD83;
Tract I - 285.48 acres
BEGINNING at the northeast corner of said called 285.48 acre
tract, being common with a northwest corner of a called 11.89 acre
tract conveyed to Coastal Industrial Water Authority recorded in
Volume 313, Page 663 of the Chambers County Deed Records;
THENCE, South 0419'04" West, 2683.79 feet to a point for
corner in the beginning of a curve to the right;
THENCE, along the arc of said curve to the right, having a
radius of 930.06 feet, a central angle of 1232'57", an arc length of
203.71 feet, and a long chord bearing South 1035'34" West, 203.30
feet to a point for corner;
THENCE, South 1655'29" West, 1096.02 feet to a point for
corner marking the southeast corner of the aforementioned called
285.48 acre tract;
THENCE, South 8737'03" West, along the south line of said
called 285.48 acre tract, 3049.05 feet to a point for corner marking
the southwest corner of the said called 285.48 acre tract;
THENCE, North 0143'33" West, along a west line of the said
called 285.48 acre tract, being common with the east line of the
B.B.B.&C. R.R. Co. Survey, Abstract No. 61, 1108.94 feet to a point
for corner marking a southern northwest corner of the said called
285.48 acre tract;
THENCE, North 8014'58" East, along the lower west line of the
said called 285.48 acre tract, 421.47 feet to a point for corner
marking an interior corner of the said called 285.48 acre tract;
THENCE, North 0239'44" West, along the upper west line of the
said called 285.48 acre tract, 2708.36 feet to a point for corner
marking the northwest corner of said called 285.48 acre tract, said
point being the occupied northwest corner of the Jacob Townsend
Survey, Abstract 25;
THENCE, North 8704'16" East, along the north line of the
called 285.48 acre tract (common with the north line of the Jacob
Townsend Survey, Abstract 25), 1773.49 feet to a point for corner;
THENCE, North 8715'45" East, along the north line of the
called 285.48 acre tract (common with the north line of the Jacob
Townsend Survey, Abstract 25), 1579.36 feet to the POINT OF
BEGINNING, CONTAINING 285.48 acres of land in Chambers County,
Texas
Tract II - 129.96 acres
BEGINNING at the northeast corner of the aforementioned
129.96 acre tract (in the north line of the Jacob Townsend Survey,
Abstract 25), said point also marking the northwest corner of a
called 40.801 acre tract (Parcel 18) as described in Second Amended
Notice of Lis Pendis recorded in Volume (07) 934, Page 280 of the
Chambers County Official Public Records;
THENCE, South 2947'53" West, along the east line of said
129.96 acre tract, common with the west line of said 40.801 acre
tract being the west right-of-way line of State Highway 99, 2795.10
feet to a point for corner at the beginning of a curve to the left;
THENCE, along the arc of said curve to the left, having a
radius of 4019.72 feet, a central angle of 2318'04", a chord length
of 1623.51 feet, and a long chord bearing South 1808'51" West,
continuing in all a total arc length of 1634.75 feet to a point for
corner at the southeast corner of the said 129.96 acre tract, said
point also marking the southwest corner of said 40.801 acre tract;
THENCE, South 8739'30" West, along the south line of said
129.96 acre tract (common with the south line of the Jacob Townsend
Survey, Abstract 25), 1005.32 feet to a point for corner marking the
southwest corner of said 129.96 acre tract, being in the occupied
east right-of-way line of Needlepoint Road (as described in the
parent tract deed);
THENCE, along the west line of said 129.96 acre tract,
described as being common with the occupied east right-of-way line
of Needlepoint Road the following nine (9) courses and distances:
1. North 1624'09" East, 1157.81 feet to a point for corner;
2. North 1519'42" East, 41.33 feet to a point for corner;
3. North 1523'18" East, 55.80 feet to a point for corner;
4. North 1710'54" East, 45.19 feet to a point for corner;
5. North 0838'17" East, 37.06 feet to a point for corner;
6. North 0231'50" East, 54.46 feet to a point for corner;
7. North 0157'55" East, 47.69 feet to a point for corner;
8. North 0122'26" East, 524.57 feet to a point for corner;
9. North 0428'33" East, 2045.44 feet to a point for corner
marking the northwest corner of said 129.96 acre tract;
THENCE, North 8912'24" East, with the north line of said
129.96 acre tract (common with the north line of the Jacob Townsend
Survey, Abstract 25), 1407.80 feet to a point for corner;
THENCE, North 8734'17" East, along the north line of said
129.96 acre tract, 944.50 feet to the POINT OF BEGINNING,
CONTAINING 129.96 acres of land in Chambers County, Texas.
Tract III - 464.86 acres (combination of 254.14 and 210.72 acre
tracts)
BEGINNING at the northwest corner of the said 210.72 acre
tract;
THENCE, North 8731'31" East, along the north line of said
210.72 acre tract, 1796.29 feet to a point for corner at a northeast
corner of the said 210.72 acre tract;
THENCE, South 0307'50" East, along the east line of said
210.72 acre tract, 1709.93 feet to a point for corner;
THENCE, North 8805'10" East, with a north line of said 210.72
acre tract, 1716.89 feet to a point for corner;
THENCE, South 0140'35" East, along an east line of said
210.72 acre tract, 1242.97 feet to a point for corner;
THENCE, South 8759'43" West, 3.91 feet to a point for corner;
THENCE, South 0133'16" East, along an east line of the
aforementioned 210.72 acre tract, 868.67 feet to a point for
corner;
THENCE, South 8818'21" West, 398.02 feet to a point for
corner;
THENCE, South 0126'48" East, 192.80 feet to a point for
corner;
THENCE, South 8728'30" West, 819.13 feet to a point for
corner;
THENCE, South 0230'46" East, 160.39 feet to a point for
corner;
THENCE, South 0749'09" East, 360.01 feet to a point for
corner;
THENCE, South 1538'38" East, 338.95 feet to a point for
corner;
THENCE, North 8727'23" East, 693.04 feet to a point for
corner;
THENCE, South 0126'48" East, 19.26 feet to a point for
corner;
THENCE, South 8743'36" East, 396.00 feet to a point for
corner;
THENCE, South 0127'10" East, 26.16 feet to a point for
corner;
THENCE, South 8931'04" East, 598.07 feet to a point for
corner, said point also being in the westerly right-of-way of Farm
to Market Road (F.M.) 3180 (140 foot right-of-way), dedication of
which is recorded in Volume 300, Page 622 of the Chambers County
Deed Records;
THENCE, South 0709'09 West, along the westerly right-of-way
of said F.M. 3180, 100.68 feet to a point for corner;
THENCE, North 8931'04" West, 577.87 feet to a point for
corner;
THENCE, North 0133'16" West, 25.84 feet to a point for
corner;
THENCE, North 8743'36" West, 497.18 feet to a point for
corner;
THENCE, North 0436'34" West, 11.39 feet to a point for
corner;
THENCE, South 8727'23" West, 673.99 feet to a point for
corner;
THENCE, North 1538'45" West, 425.19 feet to a point for
corner;
THENCE, North 0749'09" West, 371.48 feet to a point for
corner;
THENCE, South 8727'38" West, 509.36 feet to a point for
corner, said point also being in the east line of the aforementioned
254.14 acre tract;
THENCE, South 0231'16" East, along the east line of the said
254.14 acre tract (common with the east line of the Jacob Townsend
Survey, Abstract 25), 2747.10 feet to a point for corner marking the
southeast corner of said 254.14 acre tract;
THENCE, South 8739'30" West, along the south line of said
254.14 acre tract (common with the south line of the Jacob Townsend
Survey, Abstract 25), 3790.48 feet to a point for corner in the east
right-of-way line of State Highway 99 being described as a called
40.801 acre tract (Parcel 18) in Second Amended Notice of Lis Pendis
recorded in Volume (07) 934, Page 280 of the Chambers County
Official Public Records, said point being in the arc of a
non-tangent curve to the right;
THENCE, along the west line of the said 254.14 acre tract,
common with the east right-of-way line of said State Highway 99 and
the arc of said non-tangent curve to the right, having a radius of
3619.72 feet, a central angle of 2218'55", an arc length of 1409.79
feet, and a long chord bearing North 1838'26" East, 1400.90 feet to
a point for corner;
THENCE, North 2947'53" East, continuing along said east
right-of-way line of State Highway 99, 2795.78 feet to a point for
corner at the beginning of a curve to the left;
THENCE, along the east line of said State Highway 99, and
along the arc of said curve to the left, having a radius of 3064.79
feet, a central angle of 5706'39", an arc length of 3,054.89 feet,
and a long chord bearing North 0114'33" East, 2,929.99 feet to a
point for corner;
THENCE, North 2718'47" West, continuing along the east line
of said State Highway 99, 156.96 feet to a point for corner;
THENCE, North 0244'58" West, 193.07 feet to the POINT OF
BEGINNING, CONTAINING 464.86 acres of land in Chambers County,
Texas, along with the herein described 285.48 acre tract (Tract I),
and the herein described 129.96 acre tract (Tract II) for a total
acreage of 880.30 acres.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2512 passed the Senate on
May 12, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2512 passed the House on
May 27, 2009, by the following vote: Yeas 148, Nays 0, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor