87R10600 SGM-F
 
  By: Taylor S.B. No. 2146
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Brazoria County Municipal Utility
  District No. 80; 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 8152 to read as follows:
  CHAPTER 8152. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 80
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 8152.0101.  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 Brazoria County Municipal
  Utility District No. 80.
         Sec. 8152.0102.  NATURE OF DISTRICT. The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8152.0103.  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. 8152.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  8152.0103 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. 8152.0105.  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. 8152.0106.  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. 8152.0201.  GOVERNING BODY; TERMS. (a) The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8152.0202, directors
  serve staggered four-year terms.
         Sec. 8152.0202.  TEMPORARY DIRECTORS. (a) The temporary
  board consists of:
               (1)  Jason Keith;
               (2)  Michelle Cantone;
               (3)  Karin Eveslage;
               (4)  Naomi Eynon; and
               (5)  Peggy Bredehoft.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8152.0103; 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 8152.0103 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 8152.0103; 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. 8152.0301.  GENERAL POWERS AND DUTIES. The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8152.0302.  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. 8152.0303.  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. 8152.0304.  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. 8152.0305.  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. 8152.0401.  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 8152.0403.
         (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. 8152.0402.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized at an election held under Section 8152.0401, 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. 8152.0403.  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. 8152.0501.  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. 8152.0502.  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. 8152.0503.  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 Brazoria County Municipal Utility District
  No. 80 initially includes all the territory contained in the
  following area:
         TRACT 1
         Being 28.703 acres of land out of the Charles Hays Survey,
  Section No. 8, Abstract No. 534, Brazoria County, Texas, being
  29.749 acres, less, save, and except 1.046 acres, as described
  below:
         Being 29.749 acres of land, BEGINNING at a 3/4 inch diameter
  iron pipe found for the southeast corner of a called 2.7475 Acre
  tract (Brazoria County Clerk File No. 98-035620), with said corner
  being in the westerly right-of-way line of State Highway No. 288
  (width varies);
         THENCE South 9 degrees 41 minutes 26 seconds East, a distance
  of 884.06 feet to a point for corner;
         THENCE South 86 degrees 6 minutes 0 seconds West, a distance
  of 1218.88 feet to a point for corner;
         THENCE North 4 degrees 59 minutes 49 seconds West, a distance
  of 1241.56 feet to a point for corner;
         THENCE North 86 degrees 25 minutes 46 seconds East, a
  distance of 714.33 feet to a point for corner;
         THENCE South 3 degrees 42 minutes 42 seconds East, a distance
  of 357.17 feet to a point for corner;
         THENCE North 86 degrees 10 minutes 0 seconds East, a distance
  of 440.31 feet to the POINT OF BEGINNING and containing 29.749 acres
  of land, more or less.
         LESS, SAVE, AND EXCEPT 1.046 acres of land, as described
  below:
         COMMENCING at the 3/4 inch diameter iron rod found for the
  northwest corner of said 29.749 acre tract in the southerly
  right-of-way of State Farm to Market Highway No. 1462 (FM 1462);
  Thence South 4 Degrees 28 Minutes 30 Seconds East , a distance of
  419.00 feet along the westerly line of said 29.749 acre tract to a
  one inch outside diameter iron pipe found for reference; Thence
  North 85 degrees 31 Minutes 30 Seconds East a distance of 40.29 feet
  to a 3/8 inch iron rod found for the northwest corner and POINT OF
  BEGINNING for this 1.046 acre tract:
         THENCE South 64 degrees 29 minutes 18 seconds East, a
  distance of 130.00, to a point for corner;
         THENCE North 85 degrees 30 minutes 42 seconds East, a
  distance of 147.22, to a point for corner;
         THENCE South 4 degrees 29 minutes 18 seconds East, a distance
  of 105.00, to a point for corner;
         THENCE South 85 degrees 30 minutes 42 seconds West, a
  distance of 34.64, to a point for corner;
         THENCE South 55 degrees 30 minutes 42 seconds West, a
  distance of 260.00 feet, to a point for corner;
         THENCE North 4 degrees 29 minutes 18 seconds West, a distance
  of 300.00 feet to the POINT OF BEGINNING or herein described 1.046
  acre tract, which is save and excepted from the overall
  description, leaving 28.703 net acres of land.
         TRACT 2
         Being 74.337 acres of land in the H.T. & B. Railroad Company
  Survey, Section No. 9, Abstract No. 238 and the Charles M. Hayes
  Survey (H.T.&B. Railroad Company Survey, Section No. 8), Abstract
  No. 534, Brazoria County, Texas, as described below:
         BEGINNING at a concrete monument found in the westerly
  right-of-way line of State Highway No. 288 (SH288) (width varies)
  and being the northeast corner of a called 74.33 acre tract (Tract
  I, Brazoria County Clerk File No. 03-064681);
         THENCE southeasterly, along the westerly right-of-way of
  SH288, South 5 degrees 49 minutes 2 seconds East, a distance of
  1947.71 feet to a concrete monument found for corner;
         THENCE southeasterly along the westerly right-of-way of
  SH288 and a curve to the right, having a radius of 11249.16, a delta
  angle of 2 degrees 17 minutes 57 seconds, and whose long chord bears
  South 4 degrees 40 minutes 4 seconds East, a distance of 451.38 feet
  to a point for corner;
         THENCE southeasterly, along the westerly right-of-way of
  SH288, South 3 degrees 31 minutes 5 seconds East, a distance of
  190.13 feet, to a point for the southeast corner of said 74.337 acre
  tract;
         THENCE South 87 degrees 24 minutes 20 seconds West, a
  distance of 1318.57 feet, to a point for the southwest corner of
  said 74.337 acre tract;
         THENCE North 2 degrees 28 minutes 16 seconds West, a distance
  of 1673.38 feet, to a point for corner;
         THENCE North 5 degrees 29 minutes 27 seconds West, a distance
  of 263.30 feet, to a point for corner;
         THENCE North 0 degrees 46 minutes 11 seconds East, a distance
  of 550.12 feet, to a point for corner;
         THENCE North 33 degrees 26 minutes 58 seconds East, a
  distance of 99.38 feet, to a point for corner;
         THENCE North 86 degrees 22 minutes 28 seconds East, a
  distance of 1108.80 feet, to the POINT OF BEGINNING and containing
  74.337 acres of land, more or less.
         TRACT 3
         Being 60.32 acres of land out of Lots 6 and 7 of the Bogart and
  Taylor subdivision of the west 1/2 of the W.D.C. Hall League,
  Abstract 69 according to the plat recorded in Volume 1, Page 64 of
  the Map Records of Brazoria County (B.C.M.R.), Texas, and being
  more particularly described by metes and bounds as follows:
         BEGINNING at a found 1/2" iron rod with a cap in the northeast
  corner of Lot 7, said point being in the south lines of that called
  74.33 acre tract described by deed recorded in BCCF No. 03-064681
  (therein called "Tract 1") out of the CM Hays Survey, Section 8,
  A-534, with said point also being the northeast corner of this tract
  on the west right-of-way line of State Highway 288 and the point of
  beginning;
         THENCE, S 03°00'50'' E, along the west right-of-way line of
  State Highway 288, a distance of 2,622.00 feet to a set 1/2" iron
  rod with cap for the southeast corner of this tract on the north
  right-of-way line of Adams Road / County Road 841, a public road,
  presently unopened;
         THENCE S 86°57'02'' W, along the north right-of-way line of
  Adams Road, a distance of 1,000.00 feet for the southwest corner of
  this tract, said point also being located in the south lines of Lot
  6;
         THENCE N 03°00'50'' W, a distance of 2,633.04 feet for the
  northwest corner of this tract, said point being in the said south
  lines of the 74.33 acre tract;
         THENCE N 87°35'00'' E, along the north line of Lots 6 and 7,
  same being the said south lines of 74.33 acre tract, a distance of
  1,000.05 feet to the point of beginning and containing 60.32 acres
  of land, more or less, and being a part of the same property
  described in the deed "Tract B" as described in the Clerk's File
  No. 2008-037928 of Brazoria County, Texas, to which deed and the
  record thereof reference is here made for all appropriate purposes.
         TRACT 4
         Being 61.01 acres of land out of Lots 8 and 9 of the Bogart and
  Taylor subdivision of the west 1/2 of the W.D.C. Hall League,
  Abstract 69 according to the plat recorded in Volume 1, Page 64 of
  the Map Records of Brazoria County, Texas (B.C.M.R), and being more
  particularly described by metes and bounds as follows:
         BEGINNING at a set 1/2" iron rod with a cap in the northeast
  corner of Lot 8, set on the south right-of way line of Adams Road /
  County Road 841, a public road, presently unopened, for the
  northeast corner of this tract on the west right-of-way line of
  State Highway 288 and the point of beginning;
         THENCE, S 03°00'50'' E, along the west right-of-way line of
  State Highway 288, a distance of 2,657.53 feet to the southeast
  corner of this tract, said point lying in the centerline of Ditch
  316-00-00 as recorded in Iowa Colony Drainage District No. 5;
         THENCE S 86°57'14'' W, along said Ditch 316-00-00, same being
  the south lines of Lots 8 and 9, a distance of 1,000.00 feet for the
  southwest corner of this tract;
         THENCE N 03°00'50'' W, a distance of 2,657.47 feet for the
  northwest corner of this tract, said point being in the aforesaid
  south line of the public road;
         THENCE N 86°57'02'' E, along the north line of Lots 8 and 9,
  same being the said south line of the public road, a distance of
  1,000.00 feet to the point of beginning and containing 61.01 acres
  of land, more or less, and being a part of the same property
  described in the deed "Tract B" as described in the Clerk's File
  No. 2008-037928 of Brazoria County, Texas, to which deed and the
  record thereof reference is here made for all appropriate purposes.
         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
  8152, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8152.0306 to read as follows:
         Sec. 8152.0306.  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, 2021.