86R13466 AAF-F
By: Thompson of Brazoria H.B. No. 4670
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Brazoria County Municipal Utility
District No. 76; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and 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 8099 to read as follows:
CHAPTER 8099. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 76
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8099.0101. 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 Brazoria County Municipal
Utility District No. 76.
Sec. 8099.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8099.0103. CONFIRMATION AND DIRECTOR 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. 8099.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8099.0103 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. 8099.0105. 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. 8099.0106. 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. 8099.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8099.0202, directors
serve staggered four-year terms.
Sec. 8099.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Timothy White;
(2) Lyle Klingbeil;
(3) Jennifer Vaughan;
(4) Maria George; and
(5) Hunter Waneck.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8099.0103; 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 8099.0103 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 8099.0103; 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. 8099.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8099.0302. 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. 8099.0303. 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. 8099.0304. 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. 8099.0305. 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.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8099.0401. 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 8099.0403.
(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. 8099.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8099.0401, 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. 8099.0403. 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. 8099.0501. 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. 8099.0502. 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. 8099.0503. 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 Brazoria County Municipal Utility District
No. 76 initially includes all the territory contained in the
following area:
TRACT 1
FIELD NOTES OF AN 80.41 ACRE TRACT OUT OF AN 83.72 ACRE TRACT
OUT OF A 121.90 ACRE TRACT IN THE ANDREW ROBERTS LABOR, ABSTRACT
363, BRAZORIA COUNTY, TEXAS; SAID 121.90 ACRE TRACT BEING THAT
TRACT DESCRIBED IN A DEED RECORDED IN VOLUME 735, PAGE 629 OF THE
DEED RECORDS OF BRAZORIA COUNTY, TEXAS; AND SAID 80.41 ACRE TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING at a 1/2" iron rod found in the East line of the
William Roberts League, Abstract 124, Brazoria County, Texas; said
rod marking the Northwest corner of the Andrew Roberts Labor,
Abstract 363, Brazoria County, Texas;
THENCE; North 88° 13' East 94.63 feet, along the North line of
the Andrew Roberts Labor, Abstract 363, to a 1/2" iron pipe found
for the place of beginning of the herein described tract; said pipe
also marking the Northeast corner of a 91.41 acre tract in the
Andrew Roberts Labor, Abstract 363;
THENCE; North 89° 19' 51" East 2328.77 feet, along the North
line of the Andrew Roberts Labor, Abstract 363, to a 1/2" iron rod
with cap stamped "RSTROUD RPLS 2112" found for corner in the West
right-of-way line of the State Highway 288 Freeway;
THENCE; South 0° 23' 56" East 627.04 feet, along the West
right-of-way line of the State Highway 288 Freeway, to a concrete
right-of-way monument found for angle point;
THENCE; South 0° 02' 56" West 1096.29 feet, along the West
right-of-way line of the State Highway 288 Freeway, to a 1/2" iron
rod found for corner at the Northeast corner of the Angleton
Drainage District 3.32 acre tract described in County Clerk's
Document No. 2014-024678 of the Official Records of Brazoria
County, Texas;
THENCE; North 80° 57' West 87.55 feet, along the North line of
said 3.32 acre tract, to a 1/2" iron rod with cap stamped "RPLS 2112
RPLS 6017" found for corner at the Northwest corner of said 3.32
acre tract;
THENCE; South 5° 08' 13" West 1408.09 feet (called 1400.09
feet), along the West line of said 3.32 acre tract, to a concrete
right-of-way monument found for corner; said monument marking the
Southwest corner of said 3.32 acre tract;
THENCE; South 1° 23' 59" West 61.07 feet, along the West
right-of-way line of State Highway 288 Freeway, to a concrete
monument found for corner in the South line of the Andrew Roberts
Labor, Abstract 363;
THENCE; South 89° 18' 30" West 769.14 feet, along the South
line of the Andrew Roberts Labor, Abstract 363, to a point for
corner at the Southeast corner of said 91.41 acre tract;
THENCE; North 0° 11' 54" East, at 55.01 feet pass a 1/2" iron
rod found in the North right-of-way fence of a closed portion of
Belk Road, and continue to a total distance of 2711.40 feet to a
1/2" iron rod with cap stamped "R STROUD RPLS 2112" found for corner
at the Easterly Northeast corner of said 91.41 acre tract;
THENCE; South 89° 19' 51" West 1359.50 feet, along the common
line with said 91.41 acre tract, to a 1/2" iron pipe found for
corner;
THENCE; North 0° 08' 09" East 459.60 feet, along the common
line with said 91.41 acre tract, to the place of beginning.
Said tract therein containing 80.41 acres of land.
The reference bearing for this survey is the North line of the
S. J. Jamison 100 acre tract as described in a deed recorded in
Volume 578, Page 443 of the Deed Records of Brazoria County, Texas.
The bearing of the North line for reference is South 89° 47' West.
TRACT 2
FIELD NOTES OF A 5.62 ACRE TRACT, CALLED TRACT 161A, AND BEING
THAT PORTION LYING WEST OF STATE HIGHWAY 288 FREEWAY OF A NINE ACRE
TRACT CONVEYED TO BRAZORIA COUNTY FROM J. D. CANNAN, TRUSTEE, BY
DEED DATED AUGUST 9, 1897 AND RECORDED IN VOLUME 42, PAGE 235 OF THE
DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod found at the intersection of the
South line of said nine acre tract with the West right-of-way line
of the State Highway 288 Freeway;
THENCE; North 0° 04' 38" East 971.25 feet, along the West
right-of-way line of the State Highway 288 Freeway, to a 1/2" iron
rod fond for corner of a called 0.269 acre tract previously cut out
of said nine acre tract;
THENCE; South 88° 07' 44" West 258.76 feet, along the South
line of said called 0.269 acre tract, to a 1/2" iron rod found for
corner in the West line of said nine acre tract;
THENCE; South 0° 33' 01" East 962.86 feet, along the West line
of said nine acre tract, to a 1/2" iron rod found marking the
Southwest corner of said nine acre tract;
THENCE; South 89° 59' 36" East 248.07 feet, along the South
line of said nine acre tract, to the place of beginning.
Said tract therein containing 5.62 acres of land.
The reference bearing for this survey is the North line of the
S. J. Jamison 100 acre tract in the William Roberts League, Abstract
124, as described in a deed recorded in Volume 578, Page 443 of the
Deed Records of Brazoria County, Texas. The bearing of the line is
South 89° 47' West.
TRACT 3
FIELD NOTES OF AN 85.95 ACRE TRACT OUT OF A 91.41 ACRE TRACT
IN THE ANDREW ROBERTS LABOR, ABSTRACT 363, BRAZORIA COUNTY, TEXAS;
SAID 91.41 ACRES BEING THAT SAME TRACT (CALLED 91.9 ACRES)
DESCRIBED AS "SECOND TRACT" IN THAT CERTAIN DEED RECORDED IN VOLUME
406, PAGE 99 OF THE DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND SAID
85.95 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
COMMENCING at a 1/2" iron rod found at the Southwest corner of
the Andrew Roberts Labor, Abstract 363; said rod being in the South
right-of-way line of Belk Road (County Road 28);
THENCE; North 89° 19' 01" East 75.01 feet, along the South
line of Belk Road, to a 1/2" iron rod set in the East line of a 75
foot Drainage Easement, for the place of beginning of the herein
described tract; said Drainage Easement being described in a deed
recorded in File 2013-033166 of the Official Records of Brazoria
County, Texas;
THENCE; North 0° 08' 09" East, along the East line of said 75
foot Drainage Easement, at 55.57 feet pass a 1/2" iron rod found in
the North right-of-way line of Belk Road, and continue to a total
distance of 3170.85 feet to a 1/2" iron rod found for corner in the
Most northerly North line of said 91.41 acre tract in the North line
of the Andrew Roberts Labor, Abstract 363;
THENCE; North 88° 13' East 19.60 feet, along the North line of
the Andrew Roberts Labor, to a 1/2" iron pipe found for corner at
the most northerly Northeast corner of said 91.41 acre tract;
THENCE; South 0° 08' 09" West 459.6 feet to a 1/2" iron pipe
found for corner;
THENCE; North 89° 19' 51" East 1359.60 feet to a 1/2" iron rod
found for corner;
THENCE; South 0° 11' 54" West, along a barbed wire fence, at
2656.39 feet pass a 1/2" iron rod found on line in the North
right-of-way fence of a closed portion of Belk Road, and continue to
a total distance of 2711.4 feet to a point for corner in the South
line of the Andrew Roberts Labor, Abstract 363;
THENCE; South 89° 19' 10" West 1376.13 feet, along the South
line of the Andrew Roberts labor, Abstract 363, to the place of
beginning.
Said tract therein containing 85.95 acres of land.
The reference bearing for this survey is the North line of the
S. J. Jamison 100 acre tract in the William Roberts League, Abstract
124, as described in a deed recorded in Volume 578, Page 443 of the
Deed Records of Brazoria County, Texas. The bearing of the North
line, for reference, is South 89° 47' West.
TRACT 4
FIELD NOTES OF A 132.13 ACRE TRACT OUT OF A 134.73 ACRE TRACT
OUT OF TRACT 158 (50 ACRES, VOLUME 989, PAGE 287, BRAZORIA COUNTY
DEED RECORDS) AND TRACT 159 (100 ACRES, VOLUME 226, PAGE 256,
BRAZORIA COUNTY DEED RECORDS) OUT OF THE JOSE DE JESUS VALDERAS
SURVEY, ABSTRACT 380, BRAZORIA COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2" iron rod found at the intersection of the
West line of the Jose de Jesus Valderas Survey, Abstract 380, with
the South line of a 31.74 acre tract described in a deed recorded in
File 1997-006563 of the Official Records of Brazoria County, Texas;
THENCE; North 88° 29' 40" East 350.83 feet, along the South
line of said 31.74 acre tract, to a 1/2" iron rod found for corner at
the Southeast corner of said 31.74 acre tract;
THENCE; North 1° 33' 32" West 923.92 feet, along the East line
of said 31.74 acre tract, to a 1/2" iron rod found for corner in the
South line of a called 1.810 acre tract conveyed to the City of
Angleton by deed recorded in File 1997-022173 of the Official
Records of Brazoria County, Texas;
THENCE; North 88° 30' 36" East 747.51 feet, along the south
line of said 1.810 acre tract, to a 1/2" iron rod found for angle
point;
THENCE; North 88° 36' 36" East 1088.22 feet, along the South
line of said called 1.810 acre tract, to a 1/2" iron rod found for
corner at the Southeast corner of said called 1.810 acre tract; said
rod also being in the West line of a called nine acre tract conveyed
to Brazoria County by deed recorded in Volume 35, Page 457 of the
Deed Records of Brazoria County, Texas;
THENCE; South 0° 33' 01" East, along the West line of said nine
acre tract, at 4.96 feet pass a 1/2" iron rod found marking the
Southwest corner of a 0.269 acre tract out of said nine acre tract,
and continue to a total distance of 967.82 feet to a 1/2" iron rod
found for corner at the Southwest corner of said nine acre tract;
THENCE; South 89° 59' 36" East 248.07 feet, along the South
line of said nine acre tract, to a 1/2" iron rod found for corner at
the intersection of said South line with the West right-of-way line
of the State Highway 288 Freeway;
THENCE; South 0° 00' 52" West 324.64 feet, along the West
right-of-way line of the State Highway 288 Freeway, to a concrete
right-of-way monument found for angle point;
THENCE; South 0° 05' 06" West 1000.53 feet, along the West
right-of-way line of the State Highway 288 Freeway, to a concrete
right-of-way monument found for angle point;
THENCE; South 0° 23' 56" East 373.19 feet, along the West
right-of-way line of the State Highway 288 Freeway, to a 1/2" iron
rod found for corner in the North line of the Andrew Roberts labor,
Abstract 363;
THENCE; South 89° 19' 51" West 2328.77 feet, along the north
line of the Andrew Roberts Labor, Abstract 363, to a 1/2" iron pipe
found marking the Northeast corner of a 91.41 acre tract out of said
Abstract 363;
THENCE; South 88° 13' West 19.60 feet, along the North line of
said 91.41 acre tract, and the North line of the Andrew Roberts
Labor, Abstract 363, to a 1/2" iron rod found for corner in the East
line of a 75 foot Drainage Easement (2.89 acres) as described in a
deed recorded in File 2013-033166 of the Official Records of
Brazoria County, Texas;
THENCE; North 0° 08' 09" East, along the East line of said 75
foot Drainage Easement, for a distance of a 1397.41 feet to a 1/2"
iron rod found for angle point in the East line of said 75 foot
Drainage Easement;
THENCE; North 17° 51' 44" West 242.73 feet, along the East
line of said 75 foot Drainage Easement, to a 1/2" iron rod found for
corner ibn the West line of said 134.73 acre tract; said rod also
being in the West line of the Jose de Jesus Valderas Survey,
Abstract 380, and the East line of the William Roberts League,
Abstract 124;
THENCE; North 0° 08' 09" East 86.89 feet, along the West line
of said 134.73 acre tract, to the place of beginning
Said tract therein containing 132.13 acres of land.
The reference bearing for this survey is the North line of the
S. J. Jamison 100 acre tract in the William Roberts League, Abstract
124, as described in a deed recorded in Volume 578, Page 443 of the
Deed Records of Brazoria County, Texas. The bearing of the North
line, for reference, is South 89° 47' West.
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
8099, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8099.0306 to read as follows:
Sec. 8099.0306. 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, 2019.