86R19617 AAF-F
 
  By: Creighton S.B. No. 2540
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Chambers County Municipal Utility
  District No. 3; 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 8042 to read as follows:
  CHAPTER 8042.  CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8042.0101.  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 Chambers County Municipal
  Utility District No. 3.
         Sec. 8042.0102.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8042.0103.  CONFIRMATION AND DIRECTOR 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. 8042.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  8042.0103 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. 8042.0105.  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. 8042.0106.  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. 8042.0201.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8042.0202, directors
  serve staggered four-year terms.
         Sec. 8042.0202.  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 8042.0103; 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 8042.0103 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 8042.0103; 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. 8042.0301.  GENERAL POWERS AND DUTIES.  The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8042.0302.  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. 8042.0303.  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. 8042.0304.  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. 8042.0305.  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. 8042.0401.  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 8042.0403.
         (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. 8042.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8042.0401, 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. 8042.0403.  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. 8042.0501.  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. 8042.0502.  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. 8042.0503.  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 Chambers County Municipal Utility District
  No. 3 initially includes all the territory contained in the
  following area:
         Description of a 187.1135 acre tract of land situated in the
  Chambers County School Land Survey, Abstract 321, Chambers County,
  Texas and being all of that certain 5.7270 acres described in Deed
  for undivided interest from Gregory Angel, Trustee, to Montgomery
  Jett Angel Trust dated October 30, 2018 and recorded under County
  Clerk's File #2018-137473 of the Official Public Records of
  Chambers County, Texas; all of the residue of that certain called
  154.072 acres (Tract 3) conveyed by Chambers Grand Parkway
  Development, Ltd. to Park Block, Ltd. by Correction Warranty Deed
  dated November 16, 2009 and recorded in Volume 1161 at Page 209 of
  the Official Public Records of Chambers County, Texas; all of that
  certain called 41.7490 acres conveyed by Park Block, Ltd. to The
  Noor Foundation by Correction Deed dated April 30, 2018 and
  recorded under County Clerk's File #2018-131695 of the Official
  Public Records of Chambers County, Texas; and all of that certain
  27.497 acres conveyed by Mrs. Annie Pauline Miller to Harry W.
  Freeman, Trustee, by Deed dated February 1, 1956 and recorded under
  Volume 173 at Page 303 of the Deed Records of Chambers County, Texas
  (now carried in the name of Family Interests, Ltd. on tax roll).
  This 187.1135 acres is more particularly described by the following
  metes and bounds, to-wit:
         Beginning at a point in the South right-of-way line of
  Interstate Highway No. 10 (300 feet wide right-of-way) for the
  Northwest corner of that certain 40.323 acres described in Lis
  Pendens dated June 6, 2005, styled State of Texas vs. Family
  Interests, Ltd., recorded in Volume 781 at Page 367 of the Official
  Public Records of Chambers County, Texas and the Northeast corner
  of said 5.7270 acres. Said point being at the intersection of the
  South right-of-way line of said Interstate Highway No. 10 with the
  West right-of-way line of State Highway 99 (a/k/a East Grand
  Parkway South) and being the Northernmost Northeast corner and
  POINT OF BEGINNING of this tract. Said BEGINNING POINT has a State
  Plane Coordinate Value of Y=13,870,267.98 and X=3,278,546.95.
         Thence: South 02°31'30" East along the Northernmost East line
  of this tract, the East line of said 5.7270 acres, the Northernmost
  West line of said 40.323 acres and the West right-of-way line of
  said State Highway 99 for a distance of 50.17 feet to a point for an
  interior corner of this tract, an exterior corner of said 40.323
  acres, an exterior corner of said State Highway 99 and the
  Northernmost corner of said 154.072 acres. Said point being the
  BEGINNING POINT of a curve to the right, concave Southerly.
         Thence: Along and around said curve to the right, in an
  Southeasterly direction, along the Southernmost East line of this
  tract, the East line of said 154.072 acres, a West line of said
  40.323 acres and the West right-of-way line of said State Highway
  99, said curve having a radius of 1110.92 feet, a central angle of
  28°44'53" and a chord bearing and distance of South 61°49'04" East
  551.57 feet, for an arc length of 557.40 feet to a point for the
  TERMINATION POINT of said curve.
         Thence: South 27°18'35" East along the Southernmost East line
  of this tract, the East line of said 154.072 acres, the Southernmost
  West line of said 40.323 acres and the West right-of-way line of
  said State Highway 99, for a distance of 2133.74 feet to a point for
  the BEGINNING POINT of a curve to the right, concave Westerly.
         Thence: Along and around said curve to the right, in a
  Southerly direction, along the Southernmost East line of this
  tract, the East line of said 154.072 acres, the East line of said
  41.7490 acres, the Southernmost West line of said 40.323 acres and
  the West right-of-way line of said State Highway 99, said curve
  having a radius of 2664.77 feet, a central angle of 57°06'14", a
  chord bearing and distance of South 01°14'09" West 2547.28 feet, for
  an arc length of 2655.85 feet to a point in the South line of said
  Chambers County School Land Survey and the North line of the Jacob
  Townsend Survey, Abstract 25, Chambers County, Texas. Said point
  being in the North line of that certain called 92.3102 acres
  conveyed by Joseph Kilgore Heirs to Kilgore Business, LLC by Deed
  dated June 30, 2016 and recorded in Volume 1663 at Page 649 of the
  Official Public Records of Chambers County, Texas and being the
  Southeast corner of this tract, the Southeast corner of said
  41.7490 acres and the Southwest corner of said 40.323 acres.
         Thence: South 87°32'17" West along the Easternmost South line
  of this tract, the South line of said Chambers County School Land
  Survey, the South line of said 41.7490 acres, the South line of said
  154.072 acres, the North line of said 92.3102 acres and the North
  line of said Townsend Survey for a distance of 945.19 feet to a
  point for the Southernmost Southwest corner of this tract, the
  Southwest corner of said 41.7490 acres, the Southernmost Southwest
  corner of said 154.072 acres and the Southeast corner of that
  certain called 32.10 acres conveyed by Gordon W. Speer to Speer
  Properties, Inc. by Deed dated February 28, 2002 and recorded in
  Volume 549 at Page 766 of the Official Public Records of Chambers
  County, Texas.
         Thence: North 02°27'43" West along the Southernmost West line
  of this tract, the Southernmost West line of said 154.072 acres, the
  West line of said 41.7490 acres and the East line of said 32.10
  acres for a distance of 1478.65 feet to a point for an interior
  corner of this tract, the Northwest corner of said 41.7490 acres and
  the Northeast corner of said 32.10 acres.
         Thence: South 87°32'17" West along the Westernmost South line
  of this tract, the Westernmost South line of said 154.072 acres, the
  North line of said 32.10 acres and the North line of that certain
  called 1.9821 acres conveyed by Gordon W. Speer to Speer
  Properties, Inc. by Deed dated February 28, 2002 and recorded in
  Volume 549 at Page 769 of the Official Public Records of Chambers
  County, Texas, for a distance of 1478.70 feet to a point for the
  Westernmost Southwest corner of this tract, the Westernmost
  Southwest corner of said 154.072 acres and the Northwest corner of
  said 1.9821 acres.
         Thence: North 02°27'43" West along the Westernmost West line
  of this tract, the Westernmost West line of said 154.072 acres, and
  the East line of that certain 4.391 acres conveyed by Leola Trichel,
  et al, to Speer Properties, Inc. by Deed dated September 13, 1989
  and recorded in Volume 89 at Page 126 of the Official Public Records
  of Chambers County, Texas, for a distance of 1040.40 feet to a point
  for the Southwest corner of said called 27.497 acres.
         Thence: Continue North 02°27'43" West along the Westernmost
  West line of this tract, the Westernmost West line of said 154.072
  acres, the West line of said 27.497 acres, the East line of said
  4.391 acres and the East line of that certain called 1.49 acres
  conveyed by Mrs. Eleanore Collier, et al, to United Gas Pipe Line
  Company by Deed dated December 24, 1954 and recorded in Volume 163
  at Page 459 of the Deed Records of Chambers County, Texas, for a
  distance of 1086.56 feet to a point for the Westernmost Northwest
  corner of this tract, the Northwest corner of said 27.497 acres and
  the Southwest corner of that certain called 20.98 acres conveyed by
  Betty Stubbs McCune to Frank B. McCune in Cause #3127 of the Probate
  Records of Chambers County, Texas.
         Thence: North 87°37'17" East along the Westernmost North line
  of this tract, the North line of said 27.497 acres and the South
  line of said 20.98 acres for a distance of 1094.44 feet to a point
  for the Northeast corner of said 27.497 acres and an exterior corner
  of said 154.072 acres.
         Thence: Continue North 87°37'17" East along the Westernmost
  North line of this tract, the Westernmost North line of said 154.072
  acres and the South line of said 20.98 acres for a distance of
  123.63 feet to a point for an interior corner of this tract, an
  interior corner of said 154.072 acres and the Southeast corner of
  said 20.98 acres.
         Thence: North 02°31'30" West along an interior West line of
  this tract, the Northernmost West line of said 154.072 acres and the
  East line of said 20.98 acres for a distance of 764.88 feet to a
  point for an interior corner of this tract, the Northeast corner of
  said 20.98 acres and the Southeast corner of the heretofore
  mentioned 5.7270 acres.
         Thence: South 87°31'35" West along an interior line of this
  tract, the South line of said 5.7270 acres and the North line of
  said 20.98 acres for a distance of 607.18 feet to a point for an
  exterior corner of this tract, the Southwest corner of said 5.7270
  acres and the Southeast corner of that certain 4.964 acres conveyed
  by Michael L. Graham, et al, to Wowco Properties, LLC by Deed dated
  August 18 and 19, 2016 and recorded in Volume 1677 at Page 404 of the
  Official Public Records of Chambers County, Texas.
         Thence: North 02°17'47" West along the Northernmost West line
  of this tract, the West line of said 5.7270 acres and the East line
  of said 4.964 acres for a distance of 383.93 feet to a point in the
  South right-of-way line of said Interstate Highway No. 10 for the
  Northernmost Northwest corner of this tract, the Northwest corner
  of said 5.7270 acres and the Northeast corner of said 4.964 acres.
         Thence: North 82°20'19" East along the Northernmost North
  line of this tract, the North line of said 5.7270 acres and the
  South right-of-way line of said Interstate Highway No. 10 for a
  distance of 608.09 feet to the PLACE OF BEGINNING and containing
  within these boundaries 187.1135 acres or 8,150,665 square feet 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
  8042, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8042.0306 to read as follows:
         Sec. 8042.0306.  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
  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, 2019.