Texas 2013 - 83rd Regular

Texas Senate Bill SB1846 Compare Versions

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1	1	By: Taylor S.B. No. 1846
2	2	(Thompson of Brazoria)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Brazoria County Municipal Utility
7	7	District No. 49; granting a limited power of eminent domain;
8	8	providing authority to issue bonds; providing authority to impose
9	9	assessments, fees, and taxes.
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 8427 to read as follows:
13	13	CHAPTER 8427. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 49
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8427.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Brazoria County Municipal
21	21	Utility District No. 49.
22	22	Sec. 8427.002. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 8427.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 8427.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 8427.003
31	31	until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district.
35	35	Sec. 8427.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	36	(a) The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of:
38	38	(1) a municipal utility district as provided by
39	39	general law and Section 59, Article XVI, Texas Constitution; and
40	40	(2) Section 52, Article III, Texas Constitution, that
41	41	relate to the construction, acquisition, improvement, operation,
42	42	or maintenance of macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 8427.006. INITIAL DISTRICT TERRITORY. (a) The
45	45	district is initially composed of the territory described by
46	46	Section 2 of the Act enacting this chapter.
47	47	(b) The boundaries and field notes contained in Section 2 of
48	48	the Act enacting this chapter form a closure. A mistake made in the
49	49	field notes or in copying the field notes in the legislative process
50	50	does not affect the district's:
51	51	(1) organization, existence, or validity;
52	52	(2) right to issue any type of bond for the purposes
53	53	for which the district is created or to pay the principal of and
54	54	interest on a bond;
55	55	(3) right to impose a tax; or
56	56	(4) legality or operation.
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 8427.051. 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 8427.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 8427.052. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act enacting 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 commission requesting that
66	66	the commission appoint as temporary directors the five persons
67	67	named in the petition. The commission shall appoint as temporary
68	68	directors the five persons named in the petition.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 8427.003; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act enacting this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 8427.003 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 8427.003; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 8427.101. 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. 8427.102. 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. 8427.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain, and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 8427.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	106	road project must meet all applicable construction standards,
107	107	zoning and subdivision requirements, and regulations of each
108	108	municipality in whose corporate limits or extraterritorial
109	109	jurisdiction the road project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards,
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 8427.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	119	OR RESOLUTION. The district shall comply with all applicable
120	120	requirements of any ordinance or resolution that is adopted under
121	121	Section 54.016 or 54.0165, Water Code, and that consents to the
122	122	creation of the district or to the inclusion of land in the
123	123	district.
124	124	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	125	Sec. 8427.151. ELECTIONS REGARDING TAXES OR BONDS.
126	126	(a) The district may issue, without an election, bonds and other
127	127	obligations secured by:
128	128	(1) revenue other than ad valorem taxes; or
129	129	(2) contract payments described by Section 8427.153.
130	130	(b) The district must hold an election in the manner
131	131	provided by Chapters 49 and 54, Water Code, to obtain voter approval
132	132	before the district may impose an ad valorem tax or issue bonds
133	133	payable from ad valorem taxes.
134	134	(c) The district may not issue bonds payable from ad valorem
135	135	taxes to finance a road project unless the issuance is approved by a
136	136	vote of a two-thirds majority of the district voters voting at an
137	137	election held for that purpose.
138	138	Sec. 8427.152. OPERATION AND MAINTENANCE TAX. (a) If
139	139	authorized at an election held under Section 8427.151, the district
140	140	may impose an operation and maintenance tax on taxable property in
141	141	the district in accordance with Section 49.107, Water Code.
142	142	(b) The board shall determine the tax rate. The rate may not
143	143	exceed the rate approved at the election.
144	144	Sec. 8427.153. CONTRACT TAXES. (a) In accordance with
145	145	Section 49.108, Water Code, the district may impose a tax other than
146	146	an operation and maintenance tax and use the revenue derived from
147	147	the tax to make payments under a contract after the provisions of
148	148	the contract have been approved by a majority of the district voters
149	149	voting at an election held for that purpose.
150	150	(b) A contract approved by the district voters may contain a
151	151	provision stating that the contract may be modified or amended by
152	152	the board without further voter approval.
153	153	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	154	Sec. 8427.201. AUTHORITY TO ISSUE BONDS AND OTHER
155	155	OBLIGATIONS. The district may issue bonds or other obligations
156	156	payable wholly or partly from ad valorem taxes, impact fees,
157	157	revenue, contract payments, grants, or other district money, or any
158	158	combination of those sources, to pay for any authorized district
159	159	purpose.
160	160	Sec. 8427.202. TAXES FOR BONDS. At the time the district
161	161	issues bonds payable wholly or partly from ad valorem taxes, the
162	162	board shall provide for the annual imposition of a continuing
163	163	direct ad valorem tax, without limit as to rate or amount, while all
164	164	or part of the bonds are outstanding as required and in the manner
165	165	provided by Sections 54.601 and 54.602, Water Code.
166	166	Sec. 8427.203. BONDS FOR ROAD PROJECTS. At the time of
167	167	issuance, the total principal amount of bonds or other obligations
168	168	issued or incurred to finance road projects and payable from ad
169	169	valorem taxes may not exceed one-fourth of the assessed value of the
170	170	real property in the district.
171	171	SECTION 2. The Brazoria County Municipal Utility District
172	172	No. 49 initially includes all the territory contained in the
173	173	following area:
174	174	Being a 295.76 acre tract of land out of the Francis Moore
175	175	League, Abstract 100, Brazoria County, Texas; and being out of and a
176	176	portion of that certain called 2,075.08 acre tract of land as
177	177	conveyed in Special Warranty Deed to SUNTEX FULLER CORPORATION,
178	178	recorded in Clerk's File Number 99-003294 of the Official Public
179	179	Records of Real Property in Brazoria County, Texas; said 295.76
180	180	acre tract of land is more particularly described by metes and
181	181	bounds as follows;
182	182	COMMENCING at the Northwest corner of said 2,075.08 acre
183	183	tract of land, the Northwest corner of said Francis Moore League,
184	184	Abstract-100, being in the Centerline of F.M. 1462 (120-feet wide
185	185	right-of-way) as described in Volume 303, Page 215 in Deed Records
186	186	of Brazoria County, Texas; said point being at the intersection of
187	187	said Centerline F.M. 1462 and the East right-of-way line of County
188	188	Road 511 as recorded in Volume 548, Page 544 of the Deed Records of
189	189	Brazoria County, Texas;
190	190	THENCE South 27° 03' 00" East with the Southwesterly line of
191	191	said 2,075.08 acre tract, the Southwesterly line of Savannah
192	192	Plantation, Section One, Block 1 (Unrecorded) passing at 60.00
193	193	feet, the Southeasterly right-of-way line of said F.M. 1462,
194	194	continuing with the Southwesterly line of said 2,075.08 acre tract,
195	195	the Northeasterly right-of-way line of said County Road 511, in all
196	196	a distance of 1,973.55 feet to the Southwest corner of said Savannah
197	197	Plantation, Section One, Block 1 and the POINT OF BEGINNING of the
198	198	herein described tract of land;
199	199	THENCE with the South and East lines of said Savannah
200	200	Plantation, Section One, Block 1 as follows:
201	201	- South 84° 05' 00" East, 862.55 feet to a point for corner;
202	202	- North 62° 57' 00" East, 476.33 feet to a point for corner;
203	203	- North 27° 03' 00" West, 569.87 feet to a point for the
204	204	Southwest corner of Savannah Plantation, Section Two as recorded in
205	205	Volume 20, Pages 333-334 of the Map Records of Brazoria County,
206	206	Texas;
207	207	THENCE North 60° 26' 18" East with the Southeasterly line of
208	208	said Savannah Plantation, Section Two, 2,866.75 feet to a point for
209	209	corner, said point being the Northwest corner of Savannah
210	210	Plantation, Section Three as recorded in Volume 21, Pages 1-2 of the
211	211	Map Records of Brazoria County, Texas; said point also being in the
212	212	Southwesterly right-of-way line of Savannah Plantation Drive (150'
213	213	right-of-way) as recorded in said Section Three;
214	214	THENCE South 27° 01' 02" East with the Southwesterly
215	215	right-of-way line of said Savannah Plantation Road, the
216	216	Southwesterly line of said Savannah Plantation, Section Three,
217	217	436.03 feet to a point for the Northeast corner of a called 2.84
218	218	acre tract of land conveyed to S.P. Utility Company, Inc. as
219	219	recorded in File Number 2003-040036 of the Clerk's Files of
220	220	Brazoria County, Texas;
221	221	THENCE South 62° 58' 58" West with the Northwesterly line of
222	222	said 2.84 acre tract, 382.38 feet to a point for the Northwest
223	223	corner of said 2.84 acre tract;
224	224	THENCE South 19° 16' 54" East with the West line of said 2.84
225	225	acre tract, 287.03 feet to a point for the Southwest corner of said
226	226	2.84 acre tract;
227	227	THENCE North 70° 43' 06" East with the South line of said 2.84
228	228	acre tract, 223.05 feet to an angle point for corner;
229	229	THENCE North 62° 58' 58" East with the Southeasterly line of
230	230	said 2.84 acre tract, 200.00 feet to a point for the Southeast
231	231	corner of said tract, being in the Southwesterly right-of-way line
232	232	of said Savannah Plantation Road, the Southwesterly line of said
233	233	Savannah Plantation, Section Three;
234	234	THENCE South 27° 01' 02" East with said Southwesterly
235	235	right-of-way line, the Southwesterly line of said Savannah
236	236	Plantation, Section Three, 304.52 feet to a point for the Northeast
237	237	corner of a called 1.00 acre tract of land conveyed to S.P. Utility
238	238	Company, Inc. as recorded in File Number 2003-040036 of the Clerk's
239	239	Files of Brazoria County, Texas;
240	240	THENCE South 62° 58' 58" West with the Northwesterly line of
241	241	said 1.00 acre tract, 181.50 feet to a point for the Northwest
242	242	corner of said 1.00 acre tract;
243	243	THENCE South 27° 01' 02" East with the Westerly line of said
244	244	1.00 acre tract, 240.00 feet to a point for the Southwest corner of
245	245	said 1.00 acre tract;
246	246	THENCE North 62° 58' 58" East with the Southerly line of said
247	247	1.00 acre tract, 181.50 feet to a point for the Southeast corner of
248	248	said 1.00 acre tract, being in said Southwesterly right-of-way line
249	249	of Savannah Plantation Road, the Southwesterly line of said
250	250	Savannah Plantation, Section Three;
251	251	THENCE with the West line of said Savannah Plantation,
252	252	Section Three, as follows:
253	253	- South 27° 01' 02" East, 153.29 feet to a point for corner,
254	254	at the beginning of a curve to the right;
255	255	- Along the arc of said curve to the right, having a chord of
256	256	South 10° 29' 48" East, 355.45 feet, a radius of 625.00 feet, a
257	257	central angle of 33° 02' 27", for an arc length of 360.42 feet to a
258	258	point for corner;
259	259	- South 06° 01' 25" West, 492.47 feet to a point for corner;
260	260	- North 83° 58' 35" West, 50.00 feet to a point for corner;
261	261	- South 06° 01' 25" West, 80.00 feet to a point for corner;
262	262	- South 83° 58' 35" East, 147.19 feet to a point for corner;
263	263	- South 06° 01' 25" West, 390.00 feet to a point for the
264	264	Southwest corner of said Savannah Plantation, Section Three;
265	265	THENCE South 83° 58' 35" East with the South line of said
266	266	Savannah Plantation, Section Three, 2,543.73 feet to a point for
267	267	the Easternmost corner of the herein described tract of land;
268	268	THENCE South 62° 54' 39" West with the Southeasterly line of
269	269	the herein described tract of land, the Northwesterly line of
270	270	Brazoria County Municipal Utility District Number 50, 498.21 feet
271	271	to a point for corner;
272	272	THENCE South 63° 00' 17" West continuing with the
273	273	Southeasterly line of the herein described tract of land, the
274	274	Northwesterly line of Brazoria County Municipal Utility District
275	275	Number 50, 3,951.47 feet to a point for the Southernmost Southwest
276	276	corner of the herein described tract of land, being in the
277	277	Northeasterly line of Savannah Plantation, Section One, Block 4
278	278	(Unrecorded);
279	279	THENCE North 27° 03' 00" West with said Northeasterly line of
280	280	said Section One, Block 4, 828.21 feet to a point for the Northeast
281	281	corner of said Section One, Block 4;
282	282	THENCE South 62° 57' 00" West with the Northwesterly line of
283	283	said Section One, Block 4, 1,200.00 feet to a point for the
284	284	Northwest corner of said Section One, Block 4, being in the common
285	285	line between the Southwesterly line of said 2,075.08 acre tract of
286	286	land and the Northeasterly right-of-way line of said County Road
287	287	511;
288	288	THENCE North 27° 03' 00" West with said common line, 80.00
289	289	feet to a point for the Southwest corner of Savannah Plantation,
290	290	Section One, Block 3 (Unrecorded);
291	291	THENCE North 62° 57' 00" East with the Southeasterly line of
292	292	said Section One, Block 3, 1,200.00 feet to a point for the
293	293	Southeast corner of said Section One, Block 3;
294	294	THENCE with the Northeasterly and Northwesterly lines of said
295	295	Savannah Plantation, Section One, Block 3 as follows:
296	296	- North 27° 03' 00" West, 280.00 feet to a point for corner;
297	297	- South 62° 57' 00" West, 474.00 feet to a point for corner;
298	298	- North 27° 03' 00" West, 1,515.00 feet to a point for
299	299	corner;
300	300	- South 62° 57' 00" West, 126.00 feet to a point for corner;
301	301	- North 27° 03' 00" West, 619.43 feet to a point for the
302	302	Northeast corner of said Section One, Block 3;
303	303	THENCE North 84° 05' 00" West with the North line of said
304	304	Savannah Plantation, Section One, Block 3, 715.15 feet to a point
305	305	for the Northwest corner of said Section One, Block 3, being in the
306	306	common line between the Southwesterly line of said 2,075.08 acre
307	307	tract of land and the Northeasterly right-of-way line of said
308	308	County Road 511;
309	309	THENCE North 27° 03' 00" West with said common line, 95.35
310	310	feet to the POINT OF BEGINNING; containing 295.76 acres of land,
311	311	more or less.
312	312	SECTION 3. (a) The legal notice of the intention to
313	313	introduce this Act, setting forth the general substance of this
314	314	Act, has been published as provided by law, and the notice and a
315	315	copy of this Act have been furnished to all persons, agencies,
316	316	officials, or entities to which they are required to be furnished
317	317	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
318	318	Government Code.
319	319	(b) The governor, one of the required recipients, has
320	320	submitted the notice and Act to the Texas Commission on
321	321	Environmental Quality.
322	322	(c) The Texas Commission on Environmental Quality has filed
323	323	its recommendations relating to this Act with the governor, the
324	324	lieutenant governor, and the speaker of the house of
325	325	representatives within the required time.
326	326	(d) All requirements of the constitution and laws of this
327	327	state and the rules and procedures of the legislature with respect
328	328	to the notice, introduction, and passage of this Act are fulfilled
329	329	and accomplished.
330	330	SECTION 4. (a) If this Act does not receive a two-thirds
331	331	vote of all the members elected to each house, Subchapter C, Chapter
332	332	8427, Special District Local Laws Code, as added by Section 1 of
333	333	this Act, is amended by adding Section 8427.106 to read as follows:
334	334	Sec. 8427.106. NO EMINENT DOMAIN POWER. The district may
335	335	not exercise the power of eminent domain.
336	336	(b) This section is not intended to be an expression of a
337	337	legislative interpretation of the requirements of Subsection (c),
338	338	Section 17, Article I, Texas Constitution.
339	339	SECTION 5. This Act takes effect immediately if it receives
340	340	a vote of two-thirds of all the members elected to each house, as
341	341	provided by Section 39, Article III, Texas Constitution. If this
342	342	Act does not receive the vote necessary for immediate effect, this
343	343	Act takes effect September 1, 2013.