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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Chambers County Municipal Utility |
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District No. 2; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8039 to read as follows: |
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CHAPTER 8039. CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8039.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Chambers County Municipal |
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Utility District No. 2. |
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Sec. 8039.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8039.0103. CONFIRMATION AND DIRECTOR ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8039.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8039.0103 until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8039.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8039.0106. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8039.0201. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8039.0202, directors |
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serve staggered four-year terms. |
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Sec. 8039.0202. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8039.0103; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8039.0103 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8039.0103; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8039.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8039.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8039.0303. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8039.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8039.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8039.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8039.0403. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8039.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8039.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8039.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8039.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8039.0502. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8039.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Chambers County Municipal Utility District |
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No. 2 initially includes all the territory contained in the |
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following area: |
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Being a 363.441 acre tract of land located in the B. Winfree |
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Survey, Abstract No. 28, Chambers County, Texas; said 363.441 acre |
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tract being all of a called 171.900 acre tract of land (Tract 1) and |
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all of a called 191.541 acre tract of land (Tract 2) recorded in the |
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name of Ameriport, LLC. in Document No. 2018-134001 of the Official |
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Public Records of Chambers County (O.P.R.C.C.); said 363.441 acre |
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tract being more particularly described as Tract 1 and Tract 2 by |
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metes and bounds as follows (all bearings are referenced to the |
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Texas Coordinate System, North American Datum 1983 (NAD 83), South |
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Central Zone): |
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Tract 1: |
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Beginning at a called 5/8-inch iron rod at the northeast |
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corner of said 171.900 acre tract and the northwest corner of a |
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called 43.23 acre tract of land recorded in the name of Guy Pfitzner |
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in Volume 1573, Page 416 of the O.P.R.C.C., and being on the |
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southerly line of a called 254.14 acre tract of land recorded in the |
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name of Grand Parkway/Kilgore Parkway, L.P. in Volume 1067, Page |
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264 of the O.P.R.C.C.; |
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1. Thence, with the easterly line of said 171.900 acre tract |
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and the westerly line of said 43.23 acre tract, South 02 degrees 47 |
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minutes 36 seconds East, a distance of 2,995.19 feet to the |
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southeast corner of said 171.900 acre tract and the southwest |
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corner of said 43.23 acre tract, and being on the northwesterly |
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right-of-way line of FM 565 (width varies) as recorded in Volume |
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121, Page 151 and 214 and Volume 978, Page 325 of the C.C.D.R.; |
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2. Thence, with the southeasterly line of said 171.900 acre |
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tract and said northwesterly right-of-way line of FM 565, South 50 |
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degrees 13 minutes 52 seconds West, a distance of 856.17 feet; |
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3. Thence, continuing with said southeasterly line of the |
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171.900 acre tract and said northwesterly right-of-way line of FM |
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565, South 50 degrees 17 minutes 52 seconds West, a distance of |
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1,904.70 feet to the southwesterly corner of said 171.900 acre |
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tract and being at the intersection with the northeasterly |
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right-of-way line of Needlepoint Road (width varies); |
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4. Thence, with the westerly line of said 171.900 acre tract |
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and said easterly right-of-way line of Needlepoint Road, North 28 |
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degrees 59 minutes 14 seconds West, a distance of 214.63 feet to the |
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most southerly corner of a called 27.650 acre tract of land recorded |
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in the name of State of Texas in Volume 570, Page 546 and Volume 899, |
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Page 415 of the O.P.R.C.C., and being on the easterly right-of-way |
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line of State Highway 99 (Grand Parkway) (width varies); |
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Thence, with the westerly line of said 171.900 acre tract and |
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said easterly right-of-way line of State Highway 99, the following |
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five (5) courses: |
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5. North 08 degrees 03 minutes 08 seconds West, a distance |
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of 169.59 feet; |
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6. North 16 degrees 55 minutes 00 seconds East, a distance |
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of 766.59 feet; |
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7. 679.78 feet along the arc of a curve to the left, said |
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curve having a central angle of 19 degrees 28 minutes 27 seconds, a |
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radius of 2,000.00 feet and a chord that bears North 07 degrees 10 |
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minutes 49 seconds East, a distance of 676.51 feet; |
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8. North 02 degrees 33 minutes 28 seconds West, a distance |
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of 1,718.97 feet; |
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9. 1,206.61 feet along the arc of a curve to the right, said |
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curve having a central angle of 10 degrees 02 minutes 11 seconds, a |
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radius of 6,888.29 feet and a chord that bears North 02 degrees 27 |
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minutes 38 seconds East, a distance of 1,205.07 feet to the |
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northwest corner of aforesaid 171.900 acre tract and the southwest |
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corner of aforesaid 254.14 acre tract; |
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10. Thence, with the northerly line of said 171.900 acre |
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tract and the southerly line of said 254.14 acre tract, North 87 |
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degrees 39 minutes 30 seconds East, a distance of 1,824.19 feet to |
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the Point of Beginning and containing 171.900 acres of land in Tract |
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1. |
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Tract 2: |
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Beginning at a called 5/8-inch iron rod at the southwest |
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corner of aforesaid 191.541 acre tract and the northwest corner of a |
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called 1.228 acre tract of land recorded in the name of Johland |
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Investments, LLC. in Volume 1704, Page 156 of the O.P.R.C.C., and |
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being on the northeasterly right-of-way line of FM 2354 |
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(120.00-feet wide) as recorded in Volume 191, Page 542 of the |
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Chambers County Deed Records (C.C.D.R.); |
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1. Thence, with the southwesterly line of said 191.541 acre |
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tract and said northeasterly right-of-way line of FM 2354, 485.65 |
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feet along the arc of a curve to the left, said curve having a |
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central angle of 04 degrees 51 minutes 23 seconds, a radius of |
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5,729.58 feet and a chord that bears North 37 degrees 33 minutes 03 |
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seconds West, a distance of 485.51 feet; |
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2. Thence, continuing with said southwesterly line of the |
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191.541 acre tract and said northeasterly right-of-way line of FM |
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2354, North 40 degrees 38 minutes 16 seconds West, a distance of |
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857.53 feet to the southerly end of a cutback corner at the |
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intersection with the southeasterly right-of-way line of aforesaid |
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FM 565; |
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3. Thence, with said cutback, North 13 degrees 53 minutes 15 |
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seconds West, a distance of 111.07 feet to the northerly end of said |
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cutback; |
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4. Thence, with the northwesterly line of said 191.541 and |
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said southeasterly right-of-way line of FM 565, North 50 degrees 17 |
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minutes 52 seconds East, a distance of 1,842.85 feet; |
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5. Thence, continuing with said northwesterly line of the |
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191.541 acre tract and said southeasterly right-of-way line, North |
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50 degrees 13 minutes 52 seconds East, a distance of 1,471.18 feet |
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to the most northerly corner of said 191.541 acre tract and the |
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westerly corner of Tiffany Acres Section 2, a subdivision recorded |
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in Volume A, Page 243 of the Chambers County Map Records (C.C.M.R.); |
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6. Thence, with the northeasterly line of said 191.541 acre |
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tract, the southwesterly line of said Tiffany Acres Section 2, and |
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the southwesterly line of a called 2.000 acre tract of land recorded |
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in the name of David Michael McAdams and Jodie L. McAdams in Volume |
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662, Page 363 of the O.P.R.C.C., South 39 degrees 41 minutes 39 |
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seconds East, a distance of 2,744.85 feet to the most easterly |
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northeast corner of said 191.541 acre tract and the southerly |
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corner of said 2.000 acre tract, and being on the westerly line of a |
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called 2.000 acre tract of land recorded in the name of Norberto |
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Pagan and Delia Pagan in Volume 236, Page 460 of the O.P.R.C.C.; |
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7. Thence, with the easterly line of said 191.541 acre |
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tract, the westerly line of said 2.000 acre tract, the westerly line |
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of a called 1.000 acre tract of land recorded in the name of |
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Valentin Garcia and Hilda A. Garcia in Volume 236, Page 474 of the |
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O.P.R.C.C., the westerly line of a called 1.000 acre tract of land |
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recorded in the name of Wyman Tod Stephens in Volume 1215, Page 524 |
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of the O.P.R.C.C., the westerly line of a called 2.00 acre tract of |
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land recorded in the name of Graciela Hurtado Reyna in Volume 1502, |
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Page 625 of the O.P.R.C.C., and the westerly line of a called 1.9912 |
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acre tract of land recorded in the name of Dennis Ray Peting and |
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Drena Lee Peting in Volume 150, Page 218 of the O.P.R.C.C., South 02 |
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degrees 45 minutes 29 seconds East, a distance of 637.48 feet to the |
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most easterly southeast corner of said 191.541 acre tract and the |
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northeast corner of a called 7.965 acre tract recorded in the name |
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of NEQ Investments, LLC. in Volume 952, Page 729 of the O.P.R.C.C.; |
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8. Thence, with the southerly line of said 191.541 acre |
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tract and the northerly line of said 7.965 acre tract, South 86 |
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degrees 48 minutes 29 seconds West, a distance of 1,085.42 feet to |
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an interior corner of said 191.541 acre tract and the northwest |
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corner of said 7.965 acre tract; |
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9. Thence, with an easterly line of said 191.541 acre tract |
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and the westerly line of said 7.965 acre tract, South 03 degrees 11 |
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minutes 31 seconds East, a distance of 320.00 feet to the most |
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southerly southeast corner of said 191.541 acre tract, the |
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southwest corner of said 7.965 acre tract, and the northeast corner |
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of a called 8.66 acre tract of land recorded in the name of David L. |
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Gamble in Volume 337, Page 419 of the O.P.R.C.C.; |
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10. Thence, with the southerly line of said 191.541 acre |
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tract, the northerly line of said 8.66 acre tract, the northerly |
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line of a called 1.7 acre tract recorded in the name of General |
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Telephone Company (Verizon Communications-Texas) in Volume 307, |
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Page 642 of the O.P.R.C.C., the northerly line of a called 2.1681 |
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acre tract of land recorded in the name of David Schaffer and wife, |
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Donna Schaffer in Volume 27, Page 509 of the O.P.R.C.C., and the |
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northerly line of aforesaid 1.228 acre tract, South 86 degrees 48 |
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minutes 29 seconds West, a distance of 2,389.16 feet to the Point of |
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Beginning and containing 191.541 acres of land in Tract 2. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
|
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
|
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
|
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
|
|
8039, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 8039.0306 to read as follows: |
|
|
Sec. 8039.0306. 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 |
|
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legislative interpretation of the requirements of Section 17(c), |
|
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Article I, Texas Constitution. |
|
|
SECTION 5. This Act takes effect immediately if it receives |
|
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a vote of two-thirds of all the members elected to each house, as |
|
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provided by Section 39, Article III, Texas Constitution. If this |
|
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Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2019. |