Bill Text: TX SB706 | 2013-2014 | 83rd Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the creation of the Brazoria County Municipal Utility District No. 47; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-06-14 - Effective immediately [SB706 Detail]

Download: Texas-2013-SB706-Comm_Sub.html

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By: Taylor S.B. No. 706
(In the Senate - Filed February 21, 2013; March 12, 2013,
read first time and referred to Committee on Intergovernmental
Relations; April 4, 2013, reported favorably by the following
vote: Yeas 5, Nays 0; April 4, 2013, sent to printer.)

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Brazoria County Municipal Utility
District No. 47; 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 8464 to read as follows:
CHAPTER 8464. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 47
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8464.001. 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. 47.
Sec. 8464.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8464.003. 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. 8464.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8464.003
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. 8464.005. 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. 8464.006. 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. 8464.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8464.052, directors serve
staggered four-year terms.
Sec. 8464.052. 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 8464.003; 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 8464.003 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 8464.003; 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. 8464.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8464.102. 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. 8464.103. 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. 8464.104. 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. 8464.105. 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. 8464.151. 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 8464.153.
(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. 8464.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8464.151, 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. 8464.153. 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. 8464.201. 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. 8464.202. 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. 8464.203. 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. 47 initially includes all the territory contained in the
following area:
TRACT 1
A 100.53-ACRE TRACT OF LAND SITUATED IN THE H.T. & B. RAILROAD
CO. SURVEY, SECTION 71, ABSTRACT NUMBER 291, BRAZORIA COUNTY,
TEXAS, BEING ALL OF LOTS 33, 35, 38, 39, 40, AND UN-NUMBERED TRACT,
OF THE EMIGRATION LAND COMPANY SUBDIVISION, RECORDED IN VOLUME 2,
PAGE 81 OF THE BRAZORIA COUNTY PLAT RECORDS (B.C.P.R.), AND
DESCRIBED IN DEED TO NEW RODEO 288, LTD, RECORDED UNDER DOCUMENT
NUMBER 2005039091 OF THE OFFICIAL RECORDS OF BRAZORIA COUNTY
(O.R.O.B.C.), SAID 100.53-ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (BEARINGS BASED ON RODEO
PALMS SUBDIVISION, SECTION 1, RECORDED IN VOLUME 22, PAGES 133 TO
136 OF BRAZORIA COUNTY PLAT RECORDS):
BEGINNING at a 1/2-inch iron pipe with cap stamped "Brown &
Gay" found at the southwest corner of said Lot 35, being at the east
right-of-way line of a 40-feet wide road dedicated by said
subdivision, and marking the southwest corner of the herein
described tract;
(1) THENCE North 03°23'15" West, a distance of 702.50 feet
along the common line of said Lot 35 and said east right-of-way
line, to an interior corner of the herein described tract, from
which a found 3/8-inch iron rod, bears North 03°23' West, 0.4 feet;
(2) THENCE North 86°38'32" East, a distance of 640.37 feet
along the common line of Lots 34 and 35, to a 1/2-inch iron pipe with
cap stamped "Brown & Gay" found at the southeast corner of Lot 34,
same being an interior corner of the herein described tract;
(3) THENCE North 03°23'15" West, a distance of 702.50 feet
along the common line of Lots 34 and 39, to a point from which a
1/2-inch iron pipe with cap stamped "Brown & Gay" found at the
northeast corner of said Lot 34, bears North 82°08' East, 0.7 feet;
(4) THENCE South 86°38'32" West, a distance of 640.37 feet
along the common line of Lots 33 and 34, to a 1/2-inch iron pipe
found in the east right-of-way line of said 40-feet road, at the
southwest corner of Lot 33, being an interior corner of the herein
described tract, from which a 1/2-inch iron pipe with cap stamped
"Brown & Gay" bears North 74°10'East, 1.1 feet;
(5) THENCE North 03°23'15" West, a distance of 2,365.37 feet
along east line of said 40-feet road, to a 5/8-inch iron rod with
cap stamped "E.H.R. & A. 713-784-4500" set at the northwest corner
of the herein described tract;
(6) THENCE North 86°35'55" East, a distance of 1,280.59 feet
along said south line of Rodeo Palms Parkway, to a 5/8-inch iron rod
with cap stamped "E.H.R. & A. 713-784-4500" set at the northeast
corner of the herein described tract and in the west right-of-way
line of a 40-feet wide road, as dedicated by said Emigration Land
Company Subdivision;
(7) THENCE South 03°23'15" East, along said west
right-of-way line, at a distance of 3,068.84 feet pass a 1/2-inch
iron pipe found 40 feet to the left, marking the southeast corner of
Lot 47 of said subdivision, continuing with a total distance of
3,771.34 feet to a 5/8-inch iron rod with cap stamped "E.H.R. & A.
713-784-4500";
(8) THENCE South 86°38'32" West, along the common line of
Lots 40 and 41, at a distance of 639.22 feet to a point from which a
found 3/4-inch iron rod bears South 60°55' West, 0.8 feet, and
continuing along the common line of Lots 35 and 36 for a total
distance of 1,280.59 feet to the POINT OF BEGINNING and containing
100.53 acres of land. This description accompanies a Land Title
Survey, prepared by Edminster, Hinshaw, Russ and Associates, Inc.
and dated February 4, 2007.
TRACT 2
A 75.83-ACRE TRACT OF LAND SITUATED IN THE H.T. & B. RAILROAD
CO. SURVEY, SECTION 71, ABSTRACT NUMBER 291, BRAZORIA COUNTY,
TEXAS, BEING ALL OF LOTS 2, 4, 5, 10, 11, 12, 13, AND OUT OF A
PORTION OF LOT 9, OF THE EMIGRATION LAND COMPANY SUBDIVISION,
RECORDED IN VOLUME 2, PAGE 81 OF THE BRAZORIA COUNTY PLAT RECORDS
(B.C.P.R.), SAID 75.83-ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (BEARINGS BASED ON RODEO
PALMS SUBDIVISION, SECTION 1, RECORDED IN VOLUME 22, PAGES 133 TO
136 OF BRAZORIA COUNTY PLAT RECORDS):
BEGINNING at a point marking the southwest corner of Lot 1 and
the northwest corner of Lot 2 of said subdivision, being in the east
right-of-way line of County Road 48 (Old Airline Road, 40.00 feet
wide) as dedicated by said subdivision plat, and being at the most
westerly northwest corner of the herein described tract;
(1) THENCE North 86°38'32" East, along the common line of
said Lots 1 and 2, at a distance of 10.00 feet passing a concrete
monument found in the east line of County Road 48 (60-feet wide by
occupation), continuing for a total distance of 636.34 feet to a
5/8-inch iron rod with cap stamped "E.H.R. & A. 713-784-4500" set at
the southeast corner of said Lot 1, and the southwest corner of Lot
9 and a corner of the herein described tract, from which a found
5/8-iron rod bears South 86°57' East, 0.5 feet;
(2) THENCE North 03°23'15" West, a distance of 256.66 feet
along the common line of said Lots 1 and 9, to a 5/8-inch iron rod
with cap stamped "E.H.R. & A. 713-784-4500" set on the north line of
said section 71 and marking the most northerly northwest corner of
the herein described tract;
(3) THENCE North 86°35'55" East, a distance of 639.84 feet
along the north line of said section 71, to a 5/8-inch iron rod with
cap stamped "E.H.R. & A. 713-784-4500" set in the west line of a
40-feet wide road dedicated by said subdivision plat and the east
line of said Lot 9, marking the northeast corner of the herein
described tract;
(4) THENCE South 03°23'15" East, along the west line of said
40-feet wide road, at a distance of 257.15 feet passing a 3/8-inch
iron rod found at the southeast corner of said Lot 9, at a distance
of 959.53 feet passing a 3/8-inch iron rod with cap found at the
southeast corner of Lot 10, at a distance of 1,661.59 feet passing a
found 3/8-inch iron rod found 0.3 feet to the left, at a distance of
2,364.23 feet passing a 5/8-inch iron rod with cap stamped "S. Adams
RPLS 3666" found at the southeast corner of Lot 12, continuing for a
total distance of 3,066.83 feet to a 5/8-inch iron rod with cap
stamped "S. Adams RPLS 3666" found at the common corner of Lot 13
and 14, marking the southeast corner of the herein described tract;
(5) THENCE South 86°38'32" West, along the common line of
Lots 13 and 14, at a distance of 639.84 feet pass a 1/2-inch iron rod
with a cap stamped "S. Adams RPLS 3666" found at the southwest
corner of said Lot 13, and continuing along the common line of Lots
5 and 6 of said subdivision, for a total distance of 1,276.18 feet
to the east right-of-way line of said County Road 48 (Old Airline
Road), and being at the southwest corner of said Lot 5 and the
herein described tract;
(6) THENCE North 03°23'15" West, a distance of 1,405.00 feet
along the east right-of-way line of said County Road 48, to a point
at the common corner of Lot 3 and Lot 4;
(7) THENCE North 86°38'32" East, along the common line of
Lots 3 and 4, at a distance of 10.00 feet passing a 5/8-inch iron rod
found at the occupied east line of County Road 48, at a distance of
92.05 feet passing a 5/8-inch iron rod with cap stamped "Weisser
Eng. Houston TX," and continuing for a total a distance of 636.34
feet to a 3/8-iron rod found at the common corner of Lot 3 and Lot 4,
marking an interior corner of the herein described tract, from
which a 3/4-inch iron rod found at the southeast corner of said Lot
4 bears South 86°38'32" West, 702.50 feet;
(8) THENCE North 03°23'15" West, a distance of 702.30 feet
along the common line of Lots 3 and 11, to a 3/8-inch iron rod with
cap stamped "Spinner" found at the southwest corner of Lot 10,
marking an interior corner of the herein described tract;
(9) THENCE South 86°38'32" West, along the common line of
said Lots 2 and 3, at a distance of 626.34 feet passing a concrete
monument found at the occupied east line of said County Road 48, and
continuing for a total distance of 636.34 feet to a point on the
east line of said Country Road 48;
(10) THENCE North 03°23'15" West, along the common line of
Lot 2 and the east line of said County Road 48, a distance of 702.38
feet to the POINT OF BEGINNING and containing 75.83 acres of land.
This description accompanies a Land Title Survey, prepared by
Edminster, Hinshaw, Russ and Associates, Inc. and dated February 6,
2008;
Save and Except 15.39 acres of land, being the south half of
Lot 4 and all of Lot 5, leaving a net acreage of 60.44 acres of land.
TRACT 3
A 59.06-ACRE TRACT OF LAND SITUATED IN THE H.T. & B. RAILROAD
SURVEY, SECTION 71, ABSTRACT NUMBER 291, BRAZORIA COUNTY, TEXAS,
BEING ALL OF LOTS 21, 26, 27, 28, 29, AND OUT OF A PORTION OF LOTS 17
AND 25, OF THE EMIGRATION LAND COMPANY SUBDIVISION, RECORDED IN
VOLUME 2, PAGE 81 OF BRAZORIA COUNTY PLAT RECORDS (B.C.P.R.), SAID
59.06-ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS, (BEARINGS BASED ON RODEO PALMS SUBDIVISION,
SECTION 1, RECORDED IN VOLUME 22, PAGES 133 TO 136 OF BRAZORIA
COUNTY PLAT RECORDS):
BEGINNING at 5/8-inch iron with cap stamped "E.H.R. & A.
713-784-4500" set at the southwest corner of said Lot 21 of said
subdivision plat, being in the east right-of-way line of a 40-feet
wide road, as shown on said Emigration Land Company Subdivision;
(1) THENCE North 03°23'15" West, a distance of 702.50 feet to
a 1/2-inch iron pipe found at the common corner of said Lot 21 and
Lot 20 of said subdivision plat, marking an interior corner of the
herein described tract;
(2) THENCE North 86°38'32" East, a distance of 639.69 feet to
a 5/8 inch iron rod with cap stamped "E.H.R. & A. 713-784-4500"
along the common line of said Lots 20 and 21, to the southeast
corner of said Lot 20, same being an interior corner of the herein
described tract, and from which a 1/2-inch iron pipe with cap
stamped "S. Adams RPLS 3666" bears North 44°35' West, 0.6 feet;
(3) THENCE North 03°23'15" West, along the common line of
Lots 20 and 28, at a distance of 702.50 feet passing a 1-1/4 inch
iron pipe found at the southwest corner of said Lot 27 and the
northwest corner of Lot 28, continuing along the common line of Lots
19 and 27, at 1404.80 feet passing the southwest corner of said Lot
26, from which an 1-1/4 iron pipe bears South 59°58' East, 0.9 feet,
continuing along the common line of Lots 18 and Lot 26 for a total
distance of 2,107.18 feet to a 5/8-inch iron rod with cap stamped
"E.H.R. & A. 713-784-4500" set at the southwest corner of Lot 25 and
the northwest corner of Lot 26, marking an interior corner of the
herein described tract;
(4) THENCE South 86°38'32" West, a distance of 639.69 feet to
a point along the common line of said Lots 17 and 18, to the east
right-of-way line of said 40-feet wide road, being a corner of the
herein described tract, from which a 1/2-inch iron pipe stamped "S
Adams RPLS 3666", bears North 76°59' East, 0.7 feet;
(5) THENCE North 03°23'15" West, a distance of 257.18 feet
along the east right-of-way line of said 40-feet wide road and the
west line of said Lot 17, to 5/8-inch iron rod with cap stamped
"E.H.R. & A. 713-784-4500" set on the north line of said section 71
and being at the northwest corner of the herein described tract;
(6) THENCE North 86°35'55" East, at 643.76 feet passing a
1/2-inch iron pipe, 4.7 feet to the right, found on the southeast
corner of Bobby Shotwell 69.983 acres, as recorded under C.F.No.
1998002623 O.P.R.O.B.C., and continuing for a total distance of
1,278.22 feet, to a 5/8-inch iron rod with cap stamped "E.H.R. & A.
713-784-4500" set at the intersection of the south right-of-way
line of Rodeo Palms Parkway, dedicated by Rodeo Palms Subdivision,
Section 1, plat recorded under Volume 22, Page 133 to 136 of
Brazoria County Plat Records and west right-of-way line of a
40-feet wide road dedicated by Emigration Land Company Subdivision;
(7) THENCE South 03°23'15" East, along the west line of said
40-feet wide road, a distance of 3,067.83 feet to a 5/8-inch iron
rod found at the common corner of Lot 29 and Lot 30;
(8) THENCE South 86°38'32" West, a distance of 1,278.22 feet
to the POINT OF BEGINNING and containing 59.06 acres of land. This
description accompanies a Land Title Survey, prepared by Edminster,
Hinshaw, Russ and Associates, Inc. and dated February 6, 2008.
Save and Except a 267.00 foot by 267.00 foot tract of land in
the southeast corner of Lot 29, being 1.64 acres of land, leaving a
net acreage of 57.42 acres of land.
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
8464, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8464.106 to read as follows:
Sec. 8464.106. 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.
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