Texas 2013 - 83rd Regular

Texas Senate Bill SB1893 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Birdwell S.B. No. 1893
2	2	(Orr)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Chisholm Trails Municipal Utility
7	7	District No. 1; granting a limited power of eminent domain;
8	8	providing authority to issue bonds; providing authority to impose
9	9	assessments, fees, or 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 8483 to read as follows:
13	13	CHAPTER 8483. CHISHOLM TRAILS MUNICIPAL UTILITY DISTRICT NO. 1
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8483.001. 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 Chisholm Trails Municipal
21	21	Utility District No. 1.
22	22	Sec. 8483.002. 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. 8483.003. 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. 8483.004. CONSENT OF MUNICIPALITY REQUIRED. (a) The
30	30	temporary directors may not hold an election under Section 8483.003
31	31	until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has:
33	33	(1) consented by ordinance or resolution to the
34	34	creation of the district and to the inclusion of land in the
35	35	district; and
36	36	(2) entered into a development agreement with the
37	37	owner or owners of a majority of the assessed value of the real
38	38	property within the district.
39	39	(b) If a development agreement described by Subsection (a)
40	40	has not been executed before September 1, 2016:
41	41	(1) the temporary directors may not call a
42	42	confirmation election under Section 8483.003;
43	43	(2) the district is dissolved; and
44	44	(3) this chapter expires September 1, 2017.
45	45	Sec. 8483.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
46	46	(a) The district is created to serve a public purpose and benefit.
47	47	(b) The district is created to accomplish the purposes of:
48	48	(1) a municipal utility district as provided by
49	49	general law and Section 59, Article XVI, Texas Constitution; and
50	50	(2) Section 52, Article III, Texas Constitution, that
51	51	relate to the construction, acquisition, improvement, operation,
52	52	or maintenance of macadamized, graveled, or paved roads, or
53	53	improvements, including storm drainage, in aid of those roads.
54	54	Sec. 8483.006. INITIAL DISTRICT TERRITORY. (a) The
55	55	district is initially composed of the territory described by
56	56	Section 2 of the Act enacting this chapter.
57	57	(b) The boundaries and field notes contained in Section 2 of
58	58	the Act enacting this chapter form a closure. A mistake made in the
59	59	field notes or in copying the field notes in the legislative process
60	60	does not affect the district's:
61	61	(1) organization, existence, or validity;
62	62	(2) right to issue any type of bond for the purposes
63	63	for which the district is created or to pay the principal of and
64	64	interest on a bond;
65	65	(3) right to impose a tax; or
66	66	(4) legality or operation.
67	67	SUBCHAPTER B. BOARD OF DIRECTORS
68	68	Sec. 8483.051. GOVERNING BODY; TERMS. (a) The district is
69	69	governed by a board of five elected directors.
70	70	(b) Except as provided by Section 8483.052, directors serve
71	71	staggered four-year terms.
72	72	Sec. 8483.052. TEMPORARY DIRECTORS. (a) The temporary
73	73	board consists of:
74	74	(1) Justin Holt;
75	75	(2) Jacob Percifull;
76	76	(3) Matthew Scott;
77	77	(4) Stephen Ganske; and
78	78	(5) Jerold Mitchell.
79	79	(b) Temporary directors serve until the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8483.003; or
82	82	(2) the fourth anniversary of the effective date of
83	83	the Act enacting this chapter.
84	84	(c) If permanent directors have not been elected under
85	85	Section 8483.003 and the terms of the temporary directors have
86	86	expired, successor temporary directors shall be appointed or
87	87	reappointed as provided by Subsection (d) to serve terms that
88	88	expire on the earlier of:
89	89	(1) the date permanent directors are elected under
90	90	Section 8483.003; or
91	91	(2) the fourth anniversary of the date of the
92	92	appointment or reappointment.
93	93	(d) If Subsection (c) applies, the owner or owners of a
94	94	majority of the assessed value of the real property in the district
95	95	may submit a petition to the commission requesting that the
96	96	commission appoint as successor temporary directors the five
97	97	persons named in the petition. The commission shall appoint as
98	98	successor temporary directors the five persons named in the
99	99	petition.
100	100	SUBCHAPTER C. POWERS AND DUTIES
101	101	Sec. 8483.101. GENERAL POWERS AND DUTIES. The district has
102	102	the powers and duties necessary to accomplish the purposes for
103	103	which the district is created.
104	104	Sec. 8483.102. MUNICIPAL UTILITY DISTRICT POWERS AND
105	105	DUTIES. The district has the powers and duties provided by the
106	106	general law of this state, including Chapters 49 and 54, Water Code,
107	107	applicable to municipal utility districts created under Section 59,
108	108	Article XVI, Texas Constitution.
109	109	Sec. 8483.103. AUTHORITY FOR ROAD PROJECTS. Under Section
110	110	52, Article III, Texas Constitution, the district may design,
111	111	acquire, construct, finance, issue bonds for, improve, operate,
112	112	maintain, and convey to this state, a county, or a municipality for
113	113	operation and maintenance macadamized, graveled, or paved roads, or
114	114	improvements, including storm drainage, in aid of those roads.
115	115	Sec. 8483.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
116	116	road project must meet all applicable construction standards,
117	117	zoning and subdivision requirements, and regulations of each
118	118	municipality in whose corporate limits or extraterritorial
119	119	jurisdiction the road project is located.
120	120	(b) If a road project is not located in the corporate limits
121	121	or extraterritorial jurisdiction of a municipality, the road
122	122	project must meet all applicable construction standards,
123	123	subdivision requirements, and regulations of each county in which
124	124	the road project is located.
125	125	(c) If the state will maintain and operate the road, the
126	126	Texas Transportation Commission must approve the plans and
127	127	specifications of the road project.
128	128	Sec. 8483.105. COMPLIANCE WITH MUNICIPAL REGULATIONS. Any
129	129	water, sanitary sewer, road, drainage, or other infrastructure or
130	130	public facilities constructed, acquired, improved, maintained, or
131	131	operated by the district shall comply with any subdivision or other
132	132	applicable regulations of any municipality in whose corporate
133	133	limits or extraterritorial jurisdiction the infrastructure or
134	134	public facilities are located unless other regulations are
135	135	specified in a development agreement between the district and the
136	136	municipality.
137	137	Sec. 8483.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
138	138	OR RESOLUTION. The district shall comply with all applicable
139	139	requirements of any ordinance or resolution that is adopted under
140	140	Section 54.016 or 54.0165, Water Code, and that consents to the
141	141	creation of the district or to the inclusion of land in the
142	142	district.
143	143	Sec. 8483.107. DIVISION OF DISTRICT. (a) The original
144	144	district or any lands added to the district may be divided into two
145	145	or more new districts in the manner specified by Section 53.029(b),
146	146	Water Code, only if the district:
147	147	(1) has no outstanding bonded debt; and
148	148	(2) is not imposing ad valorem taxes.
149	149	(b) The division procedure is prescribed by Sections 53.030
150	150	through 53.041, Water Code.
151	151	(c) Any new district created by the division of the district
152	152	has all the powers and duties of the district and is subject to the
153	153	limitations and conditions of this chapter.
154	154	(d) At the time of creation, any new district created by the
155	155	division of the district may not contain any land that is not
156	156	contiguous to the area described by Section 2 of the Act enacting
157	157	this chapter.
158	158	(e) A division of the district may not occur until each
159	159	home-rule municipality in whose corporate limits or
160	160	extraterritorial jurisdiction the district or any proposed
161	161	district is located has adopted a resolution consenting to the
162	162	division.
163	163	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
164	164	Sec. 8483.151. ELECTIONS REGARDING TAXES OR BONDS.
165	165	(a) The district may issue, without an election, bonds and other
166	166	obligations secured by:
167	167	(1) revenue other than ad valorem taxes; or
168	168	(2) contract payments described by Section 8483.153.
169	169	(b) The district must hold an election in the manner
170	170	provided by Chapters 49 and 54, Water Code, to obtain voter approval
171	171	before the district may impose an ad valorem tax or issue bonds
172	172	payable from ad valorem taxes.
173	173	(c) The district may not issue bonds payable from ad valorem
174	174	taxes to finance a road project unless the issuance is approved by a
175	175	vote of a two-thirds majority of the district voters voting at an
176	176	election held for that purpose.
177	177	Sec. 8483.152. OPERATION AND MAINTENANCE TAX. (a) If
178	178	authorized at an election held under Section 8483.151, the district
179	179	may impose an operation and maintenance tax on taxable property in
180	180	the district in accordance with Section 49.107, Water Code.
181	181	(b) The board shall determine the tax rate. The rate may not
182	182	exceed the rate approved at the election.
183	183	Sec. 8483.153. CONTRACT TAXES. (a) In accordance with
184	184	Section 49.108, Water Code, the district may impose a tax other than
185	185	an operation and maintenance tax and use the revenue derived from
186	186	the tax to make payments under a contract after the provisions of
187	187	the contract have been approved by a majority of the district voters
188	188	voting at an election held for that purpose.
189	189	(b) A contract approved by the district voters may contain a
190	190	provision stating that the contract may be modified or amended by
191	191	the board without further voter approval.
192	192	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
193	193	Sec. 8483.201. AUTHORITY TO ISSUE BONDS AND OTHER
194	194	OBLIGATIONS. The district may issue bonds or other obligations
195	195	payable wholly or partly from ad valorem taxes, impact fees,
196	196	revenue, contract payments, grants, or other district money, or any
197	197	combination of those sources, to pay for any authorized district
198	198	purpose.
199	199	Sec. 8483.202. TAXES FOR BONDS. At the time the district
200	200	issues bonds payable wholly or partly from ad valorem taxes, the
201	201	board shall provide for the annual imposition of a continuing
202	202	direct ad valorem tax, without limit as to rate or amount, while all
203	203	or part of the bonds are outstanding as required and in the manner
204	204	provided by Sections 54.601 and 54.602, Water Code.
205	205	Sec. 8483.203. BONDS FOR ROAD PROJECTS. At the time of
206	206	issuance, the total principal amount of bonds or other obligations
207	207	issued or incurred to finance road projects and payable from ad
208	208	valorem taxes may not exceed one-fourth of the assessed value of the
209	209	real property in the district.
210	210	SECTION 2. The Chisholm Trails Municipal Utility District
211	211	No. 1 initially includes all the territory contained in the
212	212	following area:
213	213	METES AND BOUNDS DESCRIPTION
214	214	HMP Ranch, Ltd - Burleson ETJ - Tract 1
215	215	BEING a 81.457 acre tract of land situated in the H. G. Catlett
216	216	Survey, Abstract Number 177, Johnson County, Texas and being a
217	217	portion of the tract of land described in the deed to HMP Ranch Ltd,
218	218	recorded in Volume 3803, Page 887, Deed Records, Johnson County,
219	219	Texas and in County Clerk's Document Number D206143824, Deed
220	220	Records, Tarrant County, Texas, said 81.457 acre tract of land
221	221	being more particularly described as follows:
222	222	BEGINNING at the intersection of the monumented southwesterly line
223	223	of County Road 921 with the westerly right-of-way line of the
224	224	Burlington Northern Santa Fe Railroad Company (a 100 foot wide
225	225	right-of-way);
226	226	THENCE with the westerly right-of-way line of said Burlington
227	227	Northern Santa Fe Railroad Company, South 09° 40' 29" West a
228	228	distance of 3350.59 feet;
229	229	THENCE departing the westerly right-of-way line of said Burlington
230	230	Northern Santa Fe Railroad Company, North 44° 49' 44" West a
231	231	distance of 3339.05 feet to a northwesterly line of said HMP Ranch
232	232	Ltd tract and the southeasterly line of a tract of land described in
233	233	the deed to Leonel Ochoa and wife, Argelia Ochoa recorded in Volume
234	234	1862, Page 233 Deed Records, Johnson County, Texas;
235	235	THENCE with the northwesterly line of said HMP Ranch Ltd tract and
236	236	the southeasterly lines of said Ochoa tract, the tract of land
237	237	described in the deed to Lazaro Duron and wife. Arcelia Duron
238	238	recorded in Volume 241, Page 579, Deed Records, Johnson County,
239	239	Texas, the tract of land described in the deed to Oscar S. Lazarsky
240	240	and Catalina Sanches recorded in Volume 1891, Page 734, Deed
241	241	Records, Johnson County, Texas, North 45° 17' 02" East a distance of
242	242	641.52 feet to theder of the tract of land described in the deed to
243	243	Ross Senter recorded in Volume 329, Page 28, Deed Records, Johnson
244	244	County, Texas;
245	245	THENCE departing said northwesterly line and said southeasterly
246	246	lines with the southerly lines of said remainder tract, and the
247	247	tract of land described in the deed to Randall L. Senter et ux Vicki
248	248	L. Senter recorded in Volume 1360, Page 437, Deed Records, Johnson
249	249	County, Texas South 45° 30' 56" East a distance of 1,556.15 feet to
250	250	the most southerly corner of said remaining Ross Senter tract;
251	251	THENCE continuing with the southeasterly line of said remaining
252	252	Ross Senter tract the following courses and distances:
253	253	North 44°27'19" East, a distance of 613.71 feet;
254	254	North 09°46'11" East, a distance of 540.00 feet;
255	255	North 54°00'01" East, a distance of 883.07 feet;
256	256	North 09°40'40" East, a distance of 173.11 feet to the
257	257	monumented southwesterly line of County Road 921;
258	258	THENCE departing said northerly and said southeasterly lines with
259	259	the southwesterly line of said County Road 921, South 45°00'00"
260	260	East, a distance of 121.67 feet to the POINT OF BEGINNING;
261	261	Containing a computed area of 3,548,270 square feet or 81.457 acres
262	262	of land.
263	263	NOTE: The basis of bearings recited herein is the Texas Coordinate
264	264	System of 1983, North Central Zone.
265	265	NOTE: The Surveyor has not abstracted the record title and/or
266	266	easements of the subject property. The Surveyor prepared this
267	267	survey without the benefit of a title commitment and assumes no
268	268	liability for any easements right-of-way dedications or other title
269	269	matters affecting the subject property.
270	270	METES AND BOUNDS DESCRIPTION
271	271	HMP Ranch, Ltd - Burleson ETJ - Tract 2
272	272	BEING a 99.976 acre tract of land situated In the H. G. Catlett
273	273	Survey, Abstract Number 177, Johnson County, Texas and being a
274	274	portion of the tract of land described in the deed to HMP Ranch Ltd,
275	275	recorded in Volume 3803, Page 887, Deed Records, Johnson County,
276	276	Texas and in County Clerk's Document Number D206143824, Deed
277	277	Records, Tarrant County, Texas, said 99.976 acre tract of land
278	278	being more particularly described as follows:
279	279	BEGINNING at the intersection of the approximate centerlines of
280	280	County Road 921 and County Road 1016;
281	281	THENCE with an easterly line of said HMP Ranch Ltd tract with the
282	282	approximate centerline of said County Road 1016, South 45° 26' 19"
283	283	West a distance of 945.97;
284	284	THENCE continuing with the easterly line of said HMP Ranch Ltd tract
285	285	and the approximate centerline of said County Road 1016, South 45°
286	286	10' 42" West a distance of 1806.20 feet to the beginning of a
287	287	non-tangent curve to the left having a radius of 2,250.00 feet, a
288	288	central angle of 40° 36' 01", and a chord bearing and distance of
289	289	North 58° 45' 23" West 1561.22 feet;
290	290	THENCE departing the easterly line of said HMP Ranch Ltd tract and
291	291	the approximate centerline of said County Road 1016 with said
292	292	non-tangent curve to the left an arc distance of 1594.37 feet to the
293	293	end of curve in the common line of the H.G. Catlett Survey, Abstract
294	294	Number 177 and the H.G. Catlett Survey, Abstract Number 380;
295	295	THENCE with said common line. North 44° 38' 14" East at a distance of
296	296	458.80 feet passing the common south corner of Said H.G. Catlett
297	297	Survey, Abstract Number 380 and the U. Mendoza Survey, Abstract
298	298	Number 545, departing the common line of said Catlett Surveys and
299	299	continuing with the common line of said H. G. Catlett Survey,
300	300	Abstract Number 177 and said U. Mendoza Survey in all a distance of
301	301	3121.47 feet to the north corner of said H.G. Catlett Survey,
302	302	Abstract Number 177;
303	303	THENCE continuing with the common line of said H.G. Catlett Survey,
304	304	Abstract Number 177 and said U. Mendoza Survey, South 45° 04' 23"
305	305	East, a distance of 1551.14 feet to the POINT OF BEGINNING;
306	306	Containing a computed area of 4,354,945 square feet or 99.976 acres
307	307	of land.
308	308	NOTE: The basis of bearings recited herein is the Texas Coordinate
309	309	System of 1983, North Central Zone.
310	310	NOTE: The Surveyor has not abstracted the record title and/or
311	311	easements of the subject property. The Surveyor prepared this
312	312	survey without the benefit of a title commitment and assumes no
313	313	liability for any easements right-of-way dedications or other title
314	314	matters affecting the subject property.
315	315	METES AND BOUNDS DESCRIPTION
316	316	HMP Ranch, Ltd - Burleson ETJ - Tract 3
317	317	BEING an 11.905 acre tract of land situated in the U. Mendoza
318	318	Survey, Abstract Number 545, Johnson County, Texas and being a
319	319	portion of the tract of land described in the deed to HMP Ranch Ltd,
320	320	recorded in Volume 3803, Page 887, Deed Records, Johnson County,
321	321	Texas and in County Clerk's Document Number D206143824, Deed
322	322	Records, Tarrant County, Texas, said 11.905 acre tract of land
323	323	being more particularly described as follows:
324	324	BEGINNING at the most easterly corner of said HMP Ranch Ltd tract,
325	325	in the approximate centerline of County Road 1011, called in the
326	326	deed to Texas Land and Investment Company, Inc. recorded in Volume
327	327	594, Page 457 to be the most easterly corner of the U. Mendoza
328	328	Survey and the northwest line of the H.G. Catlett Survey Number;
329	329	THENCE with an easterly line of said HMP Ranch Ltd tract with the
330	330	approximate centerline of said County Road 1011, South 44° 43' 45"
331	331	West a distance of 2555.50 feet to the approximate centerline of
332	332	County Road 921;
333	333	THENCE continuing with the easterly line of said HMP Ranch Ltd
334	334	tract, departing the approximate centerline of said County Road
335	335	1011 with the approximate centerline of said County Road 921, North
336	336	44° 51' 50" West a distance of 320.46 feet;
337	337	THENCE departing the approximate centerline of said County Road
338	338	921, North 49° 54' 39" East a distance of 2464.99 feet to the
339	339	northerly line of said HMP Ranch Ltd tract and the south line of the
340	340	tract of land described in the deed to Bill H. Bridges and Tommy D.
341	341	Bridges recorded in Volume 2513, Page 124, Deed Records, Johnson
342	342	County, Texas;
343	343	THENCE with the common line of said HMP Ranch Ltd tract and said
344	344	Bridges tract. North 89° 35' 15" East a distance of 138.69 feet to
345	345	the POINT OF BEGINNING;
346	346	Containing a computed area of 518,590 square feet or 11.905 acres of
347	347	land.
348	348	NOTE: The basis of bearings recited herein is the Texas Coordinate
349	349	System of 1983, North Central Zone.
350	350	NOTE: The Surveyor has not abstracted the record title and/or
351	351	easements of the subject property. The Surveyor prepared this
352	352	survey without the benefit of a title commitment and assumes no
353	353	liability for any easements right-of-way dedications or other title
354	354	matters affecting the subject property.
355	355	SECTION 3. (a) The legal notice of the intention to
356	356	introduce this Act, setting forth the general substance of this
357	357	Act, has been published as provided by law, and the notice and a
358	358	copy of this Act have been furnished to all persons, agencies,
359	359	officials, or entities to which they are required to be furnished
360	360	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
361	361	Government Code.
362	362	(b) The governor, one of the required recipients, has
363	363	submitted the notice and Act to the Texas Commission on
364	364	Environmental Quality.
365	365	(c) The Texas Commission on Environmental Quality has filed
366	366	its recommendations relating to this Act with the governor, the
367	367	lieutenant governor, and the speaker of the house of
368	368	representatives within the required time.
369	369	(d) All requirements of the constitution and laws of this
370	370	state and the rules and procedures of the legislature with respect
371	371	to the notice, introduction, and passage of this Act are fulfilled
372	372	and accomplished.
373	373	SECTION 4. (a) If this Act does not receive a two-thirds
374	374	vote of all the members elected to each house, Subchapter C, Chapter
375	375	8483, Special District Local Laws Code, as added by Section 1 of
376	376	this Act, is amended by adding Section 8483.108 to read as follows:
377	377	Sec. 8483.108. NO EMINENT DOMAIN POWER. The district may
378	378	not exercise the power of eminent domain.
379	379	(b) This section is not intended to be an expression of a
380	380	legislative interpretation of the requirements of Subsection (c),
381	381	Section 17, Article I, Texas Constitution.
382	382	SECTION 5. This Act takes effect immediately if it receives
383	383	a vote of two-thirds of all the members elected to each house, as
384	384	provided by Section 39, Article III, Texas Constitution. If this
385	385	Act does not receive the vote necessary for immediate effect, this
386	386	Act takes effect September 1, 2013.