Bill Text: TX SB1893 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: 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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [SB1893 Detail]
Download: Texas-2013-SB1893-Enrolled.html
S.B. No. 1893 |
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) Jacob Percifull; | ||
(3) Matthew Scott; | ||
(4) Stephen Ganske; and | ||
(5) Jerold Mitchell. | ||
(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 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. 1893 passed the Senate on | ||
May 6, 2013, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1893 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 |