83R16968 PMO-F
By: Orr H.B. No. 3926
A BILL TO BE ENTITLED
relating to the creation of the Chisholm Trails Municipal Utility
District No. 1; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, or taxes.
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 8483 to read as follows:
CHAPTER 8483. CHISHOLM TRAILS MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8483.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Chisholm Trails Municipal
Utility District No. 1.
Sec. 8483.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8483.003. 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. 8483.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The
temporary directors may not hold an election under Section 8483.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has:
(1) consented by ordinance or resolution to the
creation of the district and to the inclusion of land in the
district; and
(2) entered into a development agreement with the
owner or owners of a majority of the assessed value of the real
property within the district.
(b) If a development agreement described by Subsection (a)
has not been executed before September 1, 2016:
(1) the temporary directors may not call a
confirmation election under Section 8483.003;
(2) the district is dissolved; and
(3) this chapter expires September 1, 2017.
Sec. 8483.005. 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. 8483.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting 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.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8483.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8483.052, directors serve
staggered four-year terms.
Sec. 8483.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Justin Holt;
(2) Michael Langford;
(3) Jacob Percifull;
(4) Matthew Scott; and
(5) Patrick Rose IV.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8483.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8483.003 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 8483.003; 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.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8483.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8483.102. 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. 8483.103. 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. 8483.104. 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. 8483.105. COMPLIANCE WITH MUNICIPAL REGULATIONS. Any
water, sanitary sewer, road, drainage, or other infrastructure or
public facilities constructed, acquired, improved, maintained, or
operated by the district shall comply with any subdivision or other
applicable regulations of any municipality in whose corporate
limits or extraterritorial jurisdiction the infrastructure or
public facilities are located unless other regulations are
specified in a development agreement between the district and the
municipality.
Sec. 8483.106. 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. 8483.107. DIVISION OF DISTRICT. (a) The original
district or any lands added to the district may be divided into two
or more new districts in the manner specified by Section 53.029(b),
Water Code, only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) The division procedure is prescribed by Sections 53.030
through 53.041, Water Code.
(c) Any new district created by the division of the district
has all the powers and duties of the district and is subject to the
limitations and conditions of this chapter.
(d) At the time of creation, any new district created by the
division of the district may not contain any land that is not
contiguous to the area described by Section 2 of the Act enacting
this chapter.
(e) A division of the district may not occur until each
home-rule municipality in whose corporate limits or
extraterritorial jurisdiction the district or any proposed
district is located has adopted a resolution consenting to the
division.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8483.151. 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 8483.153.
(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. 8483.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8483.151, 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. 8483.153. 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.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8483.201. 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. 8483.202. 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. 8483.203. 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 Chisholm Trails Municipal Utility District
No. 1 initially includes all the territory contained in the
following area:
METES AND BOUNDS DESCRIPTION
HMP Ranch, Ltd - Burleson ETJ - Tract 1
BEING a 81.457 acre tract of land situated in the H. G. Catlett
Survey, Abstract Number 177, Johnson County, Texas and being a
portion of the tract of land described in the deed to HMP Ranch Ltd,
recorded in Volume 3803, Page 887, Deed Records, Johnson County,
Texas and in County Clerk's Document Number D206143824, Deed
Records, Tarrant County, Texas, said 81.457 acre tract of land
being more particularly described as follows:
BEGINNING at the intersection of the monumented southwesterly line
of County Road 921 with the westerly right-of-way line of the
Burlington Northern Santa Fe Railroad Company (a 100 foot wide
right-of-way);
THENCE with the westerly right-of-way line of said Burlington
Northern Santa Fe Railroad Company, South 09° 40' 29" West a
distance of 3350.59 feet;
THENCE departing the westerly right-of-way line of said Burlington
Northern Santa Fe Railroad Company, North 44° 49' 44" West a
distance of 3339.05 feet to a northwesterly line of said HMP Ranch
Ltd tract and the southeasterly line of a tract of land described in
the deed to Leonel Ochoa and wife, Argelia Ochoa recorded in Volume
1862, Page 233 Deed Records, Johnson County, Texas;
THENCE with the northwesterly line of said HMP Ranch Ltd tract and
the southeasterly lines of said Ochoa tract, the tract of land
described in the deed to Lazaro Duron and wife. Arcelia Duron
recorded in Volume 241, Page 579, Deed Records, Johnson County,
Texas, the tract of land described in the deed to Oscar S. Lazarsky
and Catalina Sanches recorded in Volume 1891, Page 734, Deed
Records, Johnson County, Texas, North 45° 17' 02" East a distance of
641.52 feet to theder of the tract of land described in the deed to
Ross Senter recorded in Volume 329, Page 28, Deed Records, Johnson
County, Texas;
THENCE departing said northwesterly line and said southeasterly
lines with the southerly lines of said remainder tract, and the
tract of land described in the deed to Randall L. Senter et ux Vicki
L. Senter recorded in Volume 1360, Page 437, Deed Records, Johnson
County, Texas South 45° 30' 56" East a distance of 1,556.15 feet to
the most southerly corner of said remaining Ross Senter tract;
THENCE continuing with the southeasterly line of said remaining
Ross Senter tract the following courses and distances:
North 44°27'19" East, a distance of 613.71 feet;
North 09°46'11" East, a distance of 540.00 feet;
North 54°00'01" East, a distance of 883.07 feet;
North 09°40'40" East, a distance of 173.11 feet to the
monumented southwesterly line of County Road 921;
THENCE departing said northerly and said southeasterly lines with
the southwesterly line of said County Road 921, South 45°00'00"
East, a distance of 121.67 feet to the POINT OF BEGINNING;
Containing a computed area of 3,548,270 square feet or 81.457 acres
of land.
NOTE: The basis of bearings recited herein is the Texas Coordinate
System of 1983, North Central Zone.
NOTE: The Surveyor has not abstracted the record title and/or
easements of the subject property. The Surveyor prepared this
survey without the benefit of a title commitment and assumes no
liability for any easements right-of-way dedications or other title
matters affecting the subject property.
METES AND BOUNDS DESCRIPTION
HMP Ranch, Ltd - Burleson ETJ - Tract 2
BEING a 99.976 acre tract of land situated In the H. G. Catlett
Survey, Abstract Number 177, Johnson County, Texas and being a
portion of the tract of land described in the deed to HMP Ranch Ltd,
recorded in Volume 3803, Page 887, Deed Records, Johnson County,
Texas and in County Clerk's Document Number D206143824, Deed
Records, Tarrant County, Texas, said 99.976 acre tract of land
being more particularly described as follows:
BEGINNING at the intersection of the approximate centerlines of
County Road 921 and County Road 1016;
THENCE with an easterly line of said HMP Ranch Ltd tract with the
approximate centerline of said County Road 1016, South 45° 26' 19"
West a distance of 945.97;
THENCE continuing with the easterly line of said HMP Ranch Ltd tract
and the approximate centerline of said County Road 1016, South 45°
10' 42" West a distance of 1806.20 feet to the beginning of a
non-tangent curve to the left having a radius of 2,250.00 feet, a
central angle of 40° 36' 01", and a chord bearing and distance of
North 58° 45' 23" West 1561.22 feet;
THENCE departing the easterly line of said HMP Ranch Ltd tract and
the approximate centerline of said County Road 1016 with said
non-tangent curve to the left an arc distance of 1594.37 feet to the
end of curve in the common line of the H.G. Catlett Survey, Abstract
Number 177 and the H.G. Catlett Survey, Abstract Number 380;
THENCE with said common line. North 44° 38' 14" East at a distance of
458.80 feet passing the common south corner of Said H.G. Catlett
Survey, Abstract Number 380 and the U. Mendoza Survey, Abstract
Number 545, departing the common line of said Catlett Surveys and
continuing with the common line of said H. G. Catlett Survey,
Abstract Number 177 and said U. Mendoza Survey in all a distance of
3121.47 feet to the north corner of said H.G. Catlett Survey,
Abstract Number 177;
THENCE continuing with the common line of said H.G. Catlett Survey,
Abstract Number 177 and said U. Mendoza Survey, South 45° 04' 23"
East, a distance of 1551.14 feet to the POINT OF BEGINNING;
Containing a computed area of 4,354,945 square feet or 99.976 acres
of land.
NOTE: The basis of bearings recited herein is the Texas Coordinate
System of 1983, North Central Zone.
NOTE: The Surveyor has not abstracted the record title and/or
easements of the subject property. The Surveyor prepared this
survey without the benefit of a title commitment and assumes no
liability for any easements right-of-way dedications or other title
matters affecting the subject property.
METES AND BOUNDS DESCRIPTION
HMP Ranch, Ltd - Burleson ETJ - Tract 3
BEING an 11.905 acre tract of land situated in the U. Mendoza
Survey, Abstract Number 545, Johnson County, Texas and being a
portion of the tract of land described in the deed to HMP Ranch Ltd,
recorded in Volume 3803, Page 887, Deed Records, Johnson County,
Texas and in County Clerk's Document Number D206143824, Deed
Records, Tarrant County, Texas, said 11.905 acre tract of land
being more particularly described as follows:
BEGINNING at the most easterly corner of said HMP Ranch Ltd tract,
in the approximate centerline of County Road 1011, called in the
deed to Texas Land and Investment Company, Inc. recorded in Volume
594, Page 457 to be the most easterly corner of the U. Mendoza
Survey and the northwest line of the H.G. Catlett Survey Number;
THENCE with an easterly line of said HMP Ranch Ltd tract with the
approximate centerline of said County Road 1011, South 44° 43' 45"
West a distance of 2555.50 feet to the approximate centerline of
County Road 921;
THENCE continuing with the easterly line of said HMP Ranch Ltd
tract, departing the approximate centerline of said County Road
1011 with the approximate centerline of said County Road 921, North
44° 51' 50" West a distance of 320.46 feet;
THENCE departing the approximate centerline of said County Road
921, North 49° 54' 39" East a distance of 2464.99 feet to the
northerly line of said HMP Ranch Ltd tract and the south line of the
tract of land described in the deed to Bill H. Bridges and Tommy D.
Bridges recorded in Volume 2513, Page 124, Deed Records, Johnson
County, Texas;
THENCE with the common line of said HMP Ranch Ltd tract and said
Bridges tract. North 89° 35' 15" East a distance of 138.69 feet to
the POINT OF BEGINNING;
Containing a computed area of 518,590 square feet or 11.905 acres of
land.
NOTE: The basis of bearings recited herein is the Texas Coordinate
System of 1983, North Central Zone.
NOTE: The Surveyor has not abstracted the record title and/or
easements of the subject property. The Surveyor prepared this
survey without the benefit of a title commitment and assumes no
liability for any easements right-of-way dedications or other title
matters affecting the subject property.
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. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8483, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8483.108 to read as follows:
Sec. 8483.108. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. 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, 2013.