By: Jackson S.B. No. 1871
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Brazoria County Municipal Utility
District No. 44; providing authority to impose a tax and issue
bonds; granting the power of eminent domain.
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 8153 to read as follows:
CHAPTER 8153. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT
NO. 44
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8153.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Brazoria County Municipal
Utility District No. 44.
Sec. 8153.002. NATURE OF DISTRICT. The district is a
municipal utility district in Brazoria County created under and
essential to accomplish the purposes of Section 52, Article III,
and Section 59, Article XVI, Texas Constitution.
Sec. 8153.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8153.023 before September 1, 2007:
(1) the district is dissolved September 1, 2007,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Brazoria County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2010.
Sec. 8153.004. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating 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:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes; or
(3) the legality or operation of the board.
[Sections 8153.005-8153.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8153.021. TEMPORARY DIRECTORS. (a) On or after
September 1, 2005, a person who owns land in the district may submit
a petition to the Texas Commission on Environmental Quality to
appoint as temporary directors the five persons named in the
petition.
(b) The commission shall appoint as temporary directors the
five persons named in the first petition received by the commission
under Subsection (a).
(c) If a temporary director fails to qualify for office, the
commission shall appoint a person to fill the vacancy.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
8153.023; or
(2) the date this chapter expires under Section
8153.003.
Sec. 8153.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 49.055, Water Code, the
temporary directors shall meet at a location in the district
agreeable to a majority of the directors. If a location cannot be
agreed upon, the meeting shall be at the Brazoria County
Courthouse. At the meeting, the temporary directors shall elect
officers from among the temporary directors and conduct any other
district business.
Sec. 8153.023. CONFIRMATION AND INITIAL DIRECTORS
ELECTION. The temporary directors shall hold an election to
confirm the creation of the district and to elect five directors as
provided by Section 49.102, Water Code.
Sec. 8153.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8153.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 8153.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8153.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2010.
[Sections 8153.026-8153.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8153.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8153.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8153.053-8153.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8153.101. 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. 8153.102. ROAD PROJECTS. The district may construct,
acquire, improve, maintain, or operate macadamized, graveled, or
paved roads or turnpikes, or improvements in aid of those roads or
turnpikes, inside or outside the district.
Sec. 8153.103. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section
54.016, Water Code, the district shall comply with all applicable
requirements of any ordinance or resolution adopted by the city
council of the City of Bonney, including an ordinance or resolution
adopted before September 1, 2005, that consents to the creation of
the district or to the inclusion of lands within the district.
[Sections 8153.104-8153.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8153.151. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of or interest on bonds issued under
Section 8153.201.
[Sections 8153.152-8153.200 reserved for expansion]
SUBCHAPTER E. BONDS
Sec. 8153.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) The district may issue bonds or other
obligations as provided by Chapters 49 and 54, Water Code, to
finance the construction, maintenance, or operation of projects
under Sections 8153.101 and 8153.102.
(b) The district may not issue bonds to finance projects
authorized by Section 8153.102 unless the issuance is approved by a
vote of a two-thirds majority of the voters of the district voting
at an election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8153.102 may not exceed one-fourth
of the assessed value of the real property in the district.
(d) Sections 49.181 and 49.182, Water Code, do not apply to
a project undertaken by the district under Section 8153.102 or to
bonds issued by the district to finance the project.
SECTION 2. The Brazoria County Municipal Utility District
No. 44 initially includes all the territory contained in the
following area:
BEGINNING at a concrete monument at the intersection with the East
line of County Road 48, Airline road, and the South line of County
Road 51; said concrete monument making the Northwest corner of
Tract 25 of the Bogart & Taylor Subdivision;
THENCE South 03 deg. 01 min. 46 sec. East 2,577.15 feet to a
concrete monument at the intersection with the East line of County
Road 48 and the North line of County Road 35;
THENCE North 86 deg. 58 min. 14 sec. East 4,305.70 feet along the
North line of County Road 35 to a concrete monument in the Westerly
right-of-way line of the proposed State Highway 288 Freeway;
THENCE in a Northerly direction following the said Westerly
right-of-way line of proposed State Highway 288 Freeway with the
following calls: North 42 deg. 01 min. 15 sec. East, 70.69 feet to
an iron rod for corner;
THENCE North 02 deg, 59 min. 46 sec. West, 1,273.85 feet to an iron
rod for corner;
THENCE around a curve to the left whose radius is 1,091.35 feet, an
arc distance of 961.91 feet to an iron rod for corner;
THENCE North 53 deg. 29 min. 46 sec. West, 44.89 feet to an iron rod
for corner;
THENCE around a curve to the right whose radius is 446.46 feet, an
arc distance of 293.51 feet to an iron rod for corner;
THENCE North 45 deg. 34 min. 29 sec. West, 134.72 feet to an iron rod
for corner;
THENCE South 87 deg. 00 min. 14 sec. West, 270.00 feet to an iron rod
for corner;
THENCE North 02 deg. 59 min. 46 sec. West, 31.24 feet to a concrete
monument in the South line of County Road 51;
THENCE South 86 deg. 58 min. 14 sec. West, 3,405.20 feet along the
South line of County Road 51 to the PLACE OF BEGINNING
Said tract therein containing 249.972 acres of land.
SAVE AND EXCEPT 4.066 acres, more or less, out of Lots Twenty Two
(22) and Twenty Three (23) being more fully described in that
certain conveyance of drainage facilities to the State Hwy
Commission as filed under Volume 1180, Page 790 of the Deed Records
of Brazoria County, Texas.
SAVE AND EXCEPT the Southerly thirty (30) feet of Lot Twenty Four
(24) as conveyed to the County of Brazoria as described in deed
filed under Volume 50, Page 102, in the Deed Records of Brazoria
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.
(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. This Act takes effect September 1, 2005.