Bill Text: TX SB1847 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the creation of the Brazoria County Municipal Utility District No. 50; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2013-06-14 - Effective immediately [SB1847 Detail]

Download: Texas-2013-SB1847-Enrolled.html

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S.B. No. 1847

relating to the creation of the Brazoria County Municipal Utility
District No. 50; 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 8428 to read as follows:
CHAPTER 8428. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 50
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8428.001. 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 Brazoria County Municipal
Utility District No. 50.
Sec. 8428.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8428.003. 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. 8428.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8428.003
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. 8428.005. 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. 8428.006. 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. 8428.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8428.052, directors serve
staggered four-year terms.
Sec. 8428.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting 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 commission 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 8428.003; 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 8428.003 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 8428.003; 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. 8428.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8428.102. 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. 8428.103. 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. 8428.104. 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. 8428.105. 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.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8428.151. 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 8428.153.
(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. 8428.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8428.151, 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. 8428.153. 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. 8428.201. 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. 8428.202. 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. 8428.203. 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 Brazoria County Municipal Utility District
No. 50 initially includes all the territory contained in the
following area:
Being a 621.13 acre tract of land out of the J. L. Holmes
Survey, Abstract 610 and the Francis Moore League, Abstract 100,
Brazoria County, Texas; and being out of and a portion of that
certain called 2,075.08 acre tract of land as conveyed in Special
Warranty Deed to SUNTEX FULLER CORPORATION, recorded in Clerk's
File Number 99-003294 of the Official Public Records of Real
Property in Brazoria County, Texas; said 621.13 acre tract of land
is more particularly described by metes and bounds as follows;
BEGINNING at a point for the Southwest corner of said
2,075.08 acre tract of land, being at the intersection of the East
right-of-way line of County Road 511 as recorded in Volume 548, Page
544 of the Deed Records of Brazoria County, Texas; and the common
line between said J. L. Holmes Survey, and the Sam T. Angier 2/3
League, Abstract 7;
THENCE North 23° 29' 46" East with the Northwesterly line of
said 2,075.08 acre tract, the Southeasterly right-of-way line of
said County Road 511, 843.30 feet to a point for corner, being in
the common line of said Francis Moore League and said J. L. Holmes
Survey;
THENCE North 27° 03' 00" West with said common survey line,
the West line of said 2,075.08 acre tract, the East right-of-way
line of said County Road 511, 456.55 feet to a point for corner,
being the Southwest corner of Savannah Plantation, Section One,
Block 4 (Unrecorded);
THENCE North 62° 57' 00" East with the South line of said
Section One, Block 4, 1,270.60 feet to a point for the Southeast
corner of said Section One, Block 4;
THENCE with the Easterly lines of said Savannah Plantation,
Section One, Block 4 as follows:
- North 70° 17' 37" West, 103.04 feet to a point for corner;
- North 55° 25' 00" West, 1,003.80 feet to a point for
corner;
- South 88° 33' 55" West, 84.83 feet to a point for corner;
- North 62° 57' 00" East, 553.42 feet to a point for corner;
- North 27° 03' 00" West, 660.79 feet to a point for the
Southwest corner of Brazoria County Municipal Utility District
Number 49;
THENCE North 63° 00' 17" East with the Southeasterly line of
said Brazoria County Municipal Utility District Number 49, the
Northwesterly line of the herein described tract of land, 3,951.47
feet to a point for corner;
THENCE North 62° 54' 39" East, 498.21 feet to a point for
corner in the South line of Savannah Plantation, Section Three as
recorded in Volume 21, Pages 1-2 in the Map Records of Brazoria
County, Texas;
THENCE South 83° 58' 35" East with said South line of Savannah
Plantation, Section Three, 1,282.17 feet to a point for the
Southeast corner of said Section Three;
THENCE with the East lines of said Savannah Plantation,
Section Three, as follows:
- North 06° 01' 25" East, 520.00 feet to a point for corner at
the beginning of a non-tangent curve to the right;
- Along the arc of said non-tangent curve to the right,
having a chord of North 38° 58' 37" West, 141.42 feet, a radius of
100.00 feet, a central angle of 90° 00' 00", for an arc distance of
157.08 feet to a point for corner at the beginning of a compound
curve to the right;
- Along the arc of said compound curve to the right, having a
chord of North 05° 14' 12" East, 149.70 feet, a radius of 2,230.00
feet, a central angle of 03° 50' 49", for an arc distance of 149.73
feet to a point for corner, being the Southwest corner of Brazoria
County Municipal Utility District Number 48;
THENCE North 62° 54' 39" East with the Southeasterly line of
said Brazoria County Municipal Utility District Number 48, the
Northwesterly line of the herein described tract of land, 3,610.87
feet to a point for corner, being in the West bank of Chocolate
Bayou;
THENCE with the meanders of said West bank of Chocolate Bayou
as follows:
- South 36° 03' 09" East, 112.87 feet to a point for corner;
- South 37° 12' 33" East, 232.94 feet to a point for corner;
- South 26° 51' 46" East, 173.05 feet to a point for corner;
- South 64° 03' 02" East, 113.29 feet to a point for corner;
- North 65° 59' 20" East, 85.47 feet to a point for corner;
- North 30° 35' 54" East, 80.55 feet to a point for corner;
- North 11° 49' 00" East, 121.25 feet to a point for corner;
- North 39° 02' 58" East, 46.70 feet to a point for corner;
- North 79° 35' 38" East, 81.60 feet to a point for corner;
- South 81° 40' 33" East, 52.69 feet to a point for corner;
- South 52° 35' 11" East, 77.04 feet to a point for corner;
- South 15° 06' 58" East, 75.86 feet to a point for corner;
- South 40° 07' 37" East, 143.28 feet to a point for corner;
- South 25° 59' 12" East, 127.41 feet to a point for corner;
- South 08° 52' 14" West, 25.85 feet to a point for corner;
- South 27° 08' 03" West, 108.93 feet to a point for corner;
- South 34° 01' 27" East, 83.33 feet to a point for corner;
- North 87° 12' 12" East, 77.34 feet to a point for corner;
- North 45° 04' 20" East, 112.03 feet to a point for corner;
- North 49° 08' 05" East, 68.55 feet to a point for corner;
- North 66° 13' 58" East, 70.15 feet to a point for corner;
- South 89° 00' 41" East, 56.71 feet to a point for corner;
- South 74° 30' 17" East, 55.51 feet to a point for corner;
- South 58° 25' 43" East, 69.65 feet to a point for corner;
- South 35° 18' 15" East, 57.15 feet to a point for corner;
- South 00° 55' 08" West, 74.58 feet to a point for corner;
- South 18° 30' 13" West, 84.98 feet to a point for corner;
- South 32° 40' 22" West, 150.91 feet to a point for corner;
- South 12° 12' 06" West, 118.65 feet to a point for corner;
- South 20° 04' 24" East, 119.36 feet to a point for corner;
- South 40° 59' 47" East, 192.54 feet to a point for corner;
- South 26° 56' 31" East, 50.57 feet to a point for corner;
- South 11° 27' 43" West, 37.41 feet to a point for corner;
- South 56° 05' 32" West, 34.03 feet to a point for corner;
- South 73° 41' 45" West, 167.16 feet to a point for corner;
- South 55° 54' 14" West, 108.72 feet to a point for corner;
- South 21° 32' 37" West, 57.02 feet to a point for corner;
- South 13° 27' 58" West, 114.02 feet to a point for corner;
- South 51° 09' 33" West, 47.10 feet to a point for corner;
- South 81° 15' 23" West, 143.20 feet to a point for corner;
- South 43° 21' 30" West, 85.50 feet to a point for corner;
- South 17° 05' 49" West, 180.88 feet to a point for corner;
- South 08° 59' 25" West, 100.60 feet to a point for corner;
- South 12° 44' 53" East, 63.97 feet to a point for corner;
- South 60° 15' 35" East, 104.53 feet to a point for corner;
- North 87° 43' 23" East, 125.53 feet to a point for corner;
- South 75° 03' 21" East, 49.05 feet to a point for corner;
- South 53° 23' 22" East, 144.38 feet to a point for corner;
- South 35° 17' 18" East, 42.99 feet to a point for the
Southeast corner of the herein described tract of land, being the
Southeast corner of said 2,075.08 acre tract of land;
THENCE South 62° 54' 39" West with the Southeasterly line of
said 2,075.08 acre tract, the Southeasterly line of the herein
described tract of land, 5,538.30 feet to an angle point for corner;
THENCE South 63° 00' 17" West continuing with said
Southeasterly line, 5,804.42 feet to the POINT OF BEGINNING;
containing 621.13 acres of land, more or less.
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
8428, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8428.106 to read as follows:
Sec. 8428.106. 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 Subsection (c),
Section 17, 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1847 passed the Senate on
April 23, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1847 passed the House on
May 20, 2013, by the following vote: Yeas 147, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor