87(R) HB 4584 - Introduced version

	87R10043 MCF-F

	By: Ellzey	H.B. No. 4584

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Sterrett Road Municipal Management

District; providing authority to issue bonds; providing authority

to impose assessments, fees, and taxes; granting the power of

eminent domain.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 4, Special District Local Laws

Code, is amended by adding Chapter 3959 to read as follows:

CHAPTER 3959. STERRETT ROAD MUNICIPAL MANAGEMENT DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3959.0001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "City" means the City of Waxahachie.

(3) "Director" means a board member.

(4) "District" means the Sterrett Road Municipal

Management District.

Sec. 3959.0002. NATURE OF DISTRICT. The Sterrett Road

Municipal Management District is a special district created under

Section 59, Article XVI, Texas Constitution.

Sec. 3959.0003. PURPOSE; DECLARATION OF INTENT. (a) The

creation of the district is essential to accomplish the purposes of

Sections 52 and 52-a, Article III, and Section 59, Article XVI,

Texas Constitution, and other public purposes stated in this

chapter.

(b) By creating the district and in authorizing the city and

other political subdivisions to contract with the district, the

legislature has established a program to accomplish the public

purposes set out in Section 52-a, Article III, Texas Constitution.

develop, encourage, and maintain employment, commerce,

transportation, housing, tourism, recreation, the arts,

entertainment, economic development, safety, and the public

welfare in the district.

(d) This chapter and the creation of the district may not be

interpreted to relieve the city from providing the level of

services provided as of the effective date of the Act enacting this

chapter to the area in the district. The district is created to

supplement and not to supplant city services provided in the

district.

Sec. 3959.0004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.

(a) All land and other property included in the district will

benefit from the improvements and services to be provided by the

district under powers conferred by Sections 52 and 52-a, Article

III, and Section 59, Article XVI, Texas Constitution, and other

powers granted under this chapter.

(b) The district is created to serve a public use and

benefit.

and is essential to further the public purposes of:

(1) developing and diversifying the economy of the

state;

(2) eliminating unemployment and underemployment; and

(3) developing or expanding transportation and

commerce.

(d) The district will:

(1) promote the health, safety, and general welfare of

residents, employers, potential employees, employees, visitors,

and consumers in the district, and of the public;

(2) provide needed funding for the district to

preserve, maintain, and enhance the economic health and vitality of

the district territory as a community and business center;

(3) promote the health, safety, welfare, and enjoyment

of the public by providing pedestrian ways and by landscaping and

developing certain areas in the district, which are necessary for

the restoration, preservation, and enhancement of scenic beauty;

and

(4) provide for water, wastewater, drainage, road, and

recreational facilities for the district.

(e) Pedestrian ways along or across a street, whether at

grade or above or below the surface, and street lighting, street

landscaping, parking, and street art objects are parts of and

necessary components of a street and are considered to be a street

or road improvement.

(f) The district will not act as the agent or

instrumentality of any private interest even though the district

will benefit many private interests as well as the public.

Sec. 3959.0005. 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 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 bonds for the purposes

for which the district is created or to pay the principal of and

interest on the bonds;

(3) right to impose or collect an assessment or tax; or

(4) legality or operation.

Sec. 3959.0006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.

All or any part of the area of the district is eligible to be

included in:

(1) a tax increment reinvestment zone created under

Chapter 311, Tax Code; or

(2) a tax abatement reinvestment zone created under

Chapter 312, Tax Code.

Sec. 3959.0007. APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

Chapter 375, Local Government Code, applies to the district.

Sec. 3959.0008. CONSTRUCTION OF CHAPTER. This chapter

shall be liberally construed in conformity with the findings and

purposes stated in this chapter.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3959.0051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five elected directors who serve staggered

terms of four years.

(b) Directors are elected in the manner provided by

Subchapter D, Chapter 49, Water Code.

Sec. 3959.0052. COMPENSATION; EXPENSES. (a) The district

may compensate each director in an amount not to exceed $150 for

each board meeting. The total amount of compensation for each

director in one year may not exceed $7,200.

(b) A director is entitled to reimbursement for necessary

and reasonable expenses incurred in carrying out the duties and

responsibilities of the board.

Sec. 3959.0053. INITIAL DIRECTORS. (a) The initial board

consists of the following directors:

Pos. No.

Name of Director

David Muckleroy

Kenner Link

Peter Madrala

Ian Hall

Brock Babb

(b) Of the initial directors, the terms of directors

appointed for positions one through three expire June 1, 2023, and

the terms of directors appointed for positions four and five expire

June 1, 2025.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3959.0101. GENERAL POWERS AND DUTIES. The district

has the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 3959.0102. IMPROVEMENT PROJECTS AND SERVICES. (a) The

district, using any money available to the district for the

purpose, may provide, design, construct, acquire, improve,

relocate, operate, maintain, or finance an improvement project or

service authorized under this chapter or Chapter 372 or 375, Local

Government Code.

(b) The district may contract with a governmental or private

entity to carry out an action under Subsection (a).

governmental function or service for the purposes of Chapter 791,

Government Code.

Sec. 3959.0103. NONPROFIT CORPORATION. (a) The board by

resolution may authorize the creation of a nonprofit corporation to

assist and act for the district in implementing a project or

providing a service authorized by this chapter.

(b) The nonprofit corporation:

(1) has each power of and is considered to be a local

government corporation created under Subchapter D, Chapter 431,

Transportation Code; and

(2) may implement any project and provide any service

authorized by this chapter.

nonprofit corporation. The board of directors of the nonprofit

corporation shall serve in the same manner as the board of directors

of a local government corporation created under Subchapter D,

Chapter 431, Transportation Code, except that a board member is not

required to reside in the district.

Sec. 3959.0104. LAW ENFORCEMENT SERVICES. To protect the

public interest, the district may contract with the city to provide

additional law enforcement services in the district for a fee.

Sec. 3959.0105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.

The district may join and pay dues to a charitable or nonprofit

organization that performs a service or provides an activity

consistent with the furtherance of a district purpose.

Sec. 3959.0106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The

district may engage in activities that accomplish the economic

development purposes of the district.

(b) The district may establish and provide for the

administration of one or more programs to promote state or local

economic development and to stimulate business and commercial

activity in the district, including programs to:

(1) make loans and grants of public money; and

(2) provide district personnel and services.

and exercise the economic development powers provided to

municipalities by:

(1) Chapter 380, Local Government Code; and

(2) Subchapter A, Chapter 1509, Government Code.

Sec. 3959.0107. PARKING FACILITIES. (a) The district may

acquire, lease as lessor or lessee, construct, develop, own,

operate, and maintain parking facilities or a system of parking

facilities, including lots, garages, parking terminals, or other

structures or accommodations for parking motor vehicles off the

streets and related appurtenances.

(b) The district's parking facilities serve the public

purposes of the district and are owned, used, and held for a public

purpose even if leased or operated by a private entity for a term of

years.

necessary components of a street and are considered to be a street

or road improvement.

(d) The development and operation of the district's parking

facilities may be considered an economic development program.

Sec. 3959.0108. ADDING OR EXCLUDING LAND. The district may

add or exclude land in the manner provided by Subchapter J, Chapter

49, Water Code, or by Subchapter H, Chapter 54, Water Code.

Sec. 3959.0109. DISBURSEMENTS AND TRANSFERS OF MONEY. The

board by resolution shall establish the number of directors'

signatures and the procedure required for a disbursement or

transfer of district money.

Sec. 3959.0110. EMINENT DOMAIN. The district may exercise

the power of eminent domain in the manner provided by Chapter 49,

Water Code.

Sec. 3959.0111. DIVISION OF DISTRICT. (a) The district may

be divided into two or more new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) This chapter applies to any new district created by the

division of the district, and a new district has all the powers and

duties of the district.

may not, at the time the new district is created, contain any land

outside the area described by Section 2 of the Act enacting this

chapter.

(d) The board, on its own motion or on receipt of a petition

signed by the owner or owners of a majority of the assessed value of

the real property in the district, may adopt an order dividing the

district.

(e) An order dividing the district must:

(1) name each new district;

(2) include the metes and bounds description of the

territory of each new district;

(3) appoint initial directors for each new district;

and

(4) provide for the division of assets and liabilities

between or among the new districts.

(f) On or before the 30th day after the date of adoption of

an order dividing the district, the district shall file the order

with the Texas Commission on Environmental Quality and record the

order in the real property records of each county in which the

district is located.

(g) Any new district created by the division of the district

must hold an election as required by this chapter to obtain voter

approval before the district may impose a maintenance tax or issue

bonds payable wholly or partly from ad valorem taxes.

(h) Municipal consent to the creation of the district and to

the inclusion of land in the district granted under Section

3959.0206 acts as municipal consent to the creation of any new

district created by the division of the district and to the

inclusion of land in the new district.

SUBCHAPTER D. ASSESSMENTS

Sec. 3959.0151. PETITION REQUIRED FOR FINANCING SERVICES

AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a

service or improvement project with assessments under this chapter

unless a written petition requesting that service or improvement

has been filed with the board.

(b) A petition filed under Subsection (a) must be signed by

the owners of a majority of the assessed value of real property in

the district subject to assessment according to the most recent

certified tax appraisal roll for the county.

Sec. 3959.0152. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)

The board by resolution may impose and collect an assessment for any

purpose authorized by this chapter in all or any part of the

district.

(b) An assessment, a reassessment, or an assessment

resulting from an addition to or correction of the assessment roll

by the district, penalties and interest on an assessment or

reassessment, an expense of collection, and reasonable attorney's

fees incurred by the district:

(1) are a first and prior lien against the property

assessed;

(2) are superior to any other lien or claim other than

a lien or claim for county, school district, or municipal ad valorem

taxes; and

(3) are the personal liability of and a charge against

the owners of the property even if the owners are not named in the

assessment proceedings.

resolution imposing the assessment until the date the assessment is

paid. The board may enforce the lien in the same manner that the

board may enforce an ad valorem tax lien against real property.

(d) The board may make a correction to or deletion from the

assessment roll that does not increase the amount of assessment of

any parcel of land without providing notice and holding a hearing in

the manner required for additional assessments.

Sec. 3959.0153. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.

Section 375.161, Local Government Code, does not apply to the

district.

SUBCHAPTER E. TAXES AND BONDS

Sec. 3959.0201. TAX ELECTION REQUIRED. (a) The district

must hold an election in the manner provided by Chapter 49, Water

Code, or, if applicable, Chapter 375, Local Government Code, to

obtain voter approval before the district may impose an ad valorem

tax.

(b) Section 375.243, Local Government Code, does not apply

to the district.

Sec. 3959.0202. OPERATION AND MAINTENANCE TAX. (a) If

authorized by a majority of the district voters voting at an

election under Section 3959.0201, the district may impose an

operation and maintenance tax on taxable property in the district

in the manner provided by Section 49.107, Water Code, for any

district purpose, including to:

(1) maintain and operate the district;

(2) construct or acquire improvements; or

(3) provide a service.

(b) The board shall determine the operation and maintenance

tax rate. The rate may not exceed the rate approved at the

election.

Sec. 3959.0203. AUTHORITY TO BORROW MONEY AND TO ISSUE

BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on

terms determined by the board.

(b) The district may issue, by public or private sale,

bonds, notes, or other obligations payable wholly or partly from ad

valorem taxes, assessments, impact fees, revenue, contract

payments, grants, or other district money, or any combination of

those sources of money, to pay for any authorized district purpose.

bonds, notes, or other obligations provided by Section 49.4645,

Water Code, does not apply to the district.

(d) The district may issue, by public or private sale,

bonds, notes, or other obligations payable wholly or partly from ad

valorem taxes or assessments in the manner provided by Subchapter

A, Chapter 372, Local Government Code, if the improvements financed

by an obligation issued under this section will be conveyed to or

operated and maintained by a municipality or other retail utility

provider pursuant to an agreement with the district entered into

before the issuance of the obligation.

Sec. 3959.0204. BONDS SECURED BY REVENUE OR CONTRACT

PAYMENTS. The district may issue, without an election, bonds

secured by:

(1) revenue other than ad valorem taxes;

(2) contract payments, provided that the requirements

of Section 49.108, Water Code, have been met; or

(3) other contract revenues.

Sec. 3959.0205. BONDS SECURED BY AD VALOREM TAXES;

ELECTIONS. (a) If authorized at an election under Section

3959.0201, the district may issue bonds payable from ad valorem

taxes.

(b) 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 annual ad valorem tax, without

limit as to rate or amount, for each year that all or part of the

bonds are outstanding as required and in the manner provided by

Sections 54.601 and 54.602, Water Code.

may be acquired by a district by the issuance of its bonds may be

submitted as a single proposition or as several propositions to be

voted on at the election.

Sec. 3959.0206. CONSENT OF MUNICIPALITY REQUIRED. (a) The

board may not issue bonds 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.

(b) This section applies only to the district's first

issuance of bonds payable from ad valorem taxes.

SUBCHAPTER Z. DISSOLUTION

Sec. 3959.0901. DISSOLUTION. (a) The board shall dissolve

the district on written petition filed with the board by the owners

of:

(1) 66 percent or more of the assessed value subject to

assessment by the district of the property in the district based on

the most recent certified county property tax rolls; or

(2) 66 percent or more of the surface area of the

district, excluding roads, streets, highways, utility

rights-of-way, other public areas, and other property exempt from

assessment by the district according to the most recent certified

county property tax rolls.

(b) The district may not be dissolved if the district:

(1) has any outstanding bonded or other indebtedness

until that bonded or other indebtedness has been repaid or defeased

in accordance with the order or resolution authorizing the issuance

of the bonded or other indebtedness;

(2) has a contractual obligation to pay money until

that obligation has been fully paid in accordance with the

contract; or

(3) owns, operates, or maintains public works,

facilities, or improvements unless the district has contracted with

another party for the ownership and operation or maintenance of the

public works, facilities, or improvements.

to the district.

SECTION 2. The Sterrett Road Municipal Management District

initially includes all territory contained in the following area:

Being a parcel of land located in Ellis County, Texas, a part of the

a part of the Clement Goar Survey, Abstract Number 401, a part of

the Carter H. Hurst Survey, Abstract Number 456, and being all of

that called 124.27 acre tract of land described in deed to Futex

Property Company No. 112, LLC as recorded in Instrument Number

1801007, Official Public Records of Ellis County, Texas, and being

all of that called 101.19 acre tract of land described in deed to

James R. Pitts, Trustee as recorded in Instrument Number 1723473,

Official Public Records of Ellis County, Texas, and also being all

of that called 360.00 acre tract of land described in deed to Fuscom

Property Company No. 2, LLC as recorded in Instrument Number

1800404, Official Public Records of Ellis County, Texas, and being

further described as follows:

BEGINNING at a point at the southwest corner of said 124.27 acre

tract, said point also being at the approximate centerline

intersection of West Sterrett Road and Patrick Road;

THENCE North 00 degrees 02 minutes 30 seconds West, 4,252.90 feet to

a point for corner, said point being the most westerly northwest

corner of said 360.00 acre tract, said point also being in Patrick

Road;

THENCE along the north line of said 360.00 acre tract as follows:

North 88 degrees 02 minutes 21 seconds East, 2,227.21 feet to

a point for corner;

North 03 degrees 02 minutes 39 seconds West, 972.62 feet to a

point for corner;

North 89 degrees 51 minutes 38 seconds East, 459.17 feet to a

point for corner;

North 02 degrees 01 minutes 41 seconds West, 296.17 feet to a

point for corner;

North 89 degrees 01 minutes 02 seconds East, 1,306.16 feet to

a point for corner;

North 88 degrees 37 minutes 03 seconds East, 453.09 feet to a

point for corner;

South 01 degrees 18 minutes 19 seconds East, 437.73 feet to a

point for corner;

North 89 degrees 09 minutes 41 seconds East, 850.07 feet to a

point for corner, said point being the northeast corner of said

360.00 acre tract;

THENCE along the east line of said 360.00 acre tract as follows:

South 00 degrees 57 minutes 39 seconds East, 1,694.38 feet to

a point for corner;

South 01 degrees 25 minutes 02 seconds East, 1,620.58 feet to

a point for corner, said point being the southeast corner of said

360.00 acre tract, said point also being the northeast corner of

said 101.19 acre tract;

THENCE South 00 degrees 37 minutes 32 seconds East, 1,625.00 feet to

the southeast corner of said 101.19 acre tract, said point also

being in West Sterrett Road;

THENCE North 89 degrees 19 minutes 15 seconds West, 2,693.70 feet to

a point for corner, said point being the southwest corner of said

101.19 acre tract, said point also being in the east line of said

124.27 acre tract, said point also being in West Sterrett Road;

THENCE South 01 degrees 22 minutes 01 seconds East, 294.05 feet to a

point for corner, said point being the southeast corner of said

124.27 acre tract, said point also being in West Sterrett Road;

THENCE South 89 degrees 54 minutes 12 seconds West, 2,638.73 feet

along the south line of said 124.27 acre tract to the POINT OF

BEGINNING and containing 25,506,220 square feet or 585.542 acres of

land.

Bearings are based on the west line of that called 124.27 acre tract

of land described in deed to Futex Property Company No. 112, LLC as

recorded in Instrument Number 1801007, Official Public Records of

Ellis County, Texas.

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.

its recommendations relating to this Act with the governor,

lieutenant governor, and 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 have been

fulfilled and accomplished.

SECTION 4. (a) Section 3959.0110, Special District Local

Laws Code, as added by Section 1 of this Act, takes effect only if

this Act receives a two-thirds vote of all the members elected to

each house.

(b) If this Act does not receive a two-thirds vote of all the

members elected to each house, Subchapter C, Chapter 3959, Special

District Local Laws Code, as added by Section 1 of this Act, is

amended by adding Section 3959.0110 to read as follows:

Sec. 3959.0110. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

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, 2021.