| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the creation of the Austin County Municipal Utility |
|
|
District No. 1; 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 7913A to read as follows: |
|
|
CHAPTER 7913A. AUSTIN COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 7913A.0101. DEFINITIONS. In this chapter: |
|
|
(1) "Board" means the district's board of directors. |
|
|
(2) "City" means the City of Sealy, Texas. |
|
|
(3) "Commission" means the Texas Commission on |
|
|
Environmental Quality. |
|
|
(4) "Director" means a board member. |
|
|
(5) "District" means the Austin County Municipal |
|
|
Utility District No. 1. |
|
|
Sec. 7913A.0102. NATURE OF DISTRICT. The district is a |
|
|
municipal utility district created under Section 59, Article XVI, |
|
|
Texas Constitution. |
|
|
Sec. 7913A.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. 7913A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
|
|
temporary directors may not hold an election under Section |
|
|
7913A.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. 7913A.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. 7913A.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. 7913A.0201. GOVERNING BODY; TERMS. (a) The district |
|
|
is governed by a board of five elected directors. |
|
|
(b) Except as provided by Section 7913A.0202, directors |
|
|
serve staggered four-year terms. |
|
|
Sec. 7913A.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 7913A.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 7913A.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 7913A.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. |
|
|
Sec. 7913A.0203. DESIGNATED BOARD MEETING LOCATION. (a) |
|
|
The board shall designate a meeting place inside the district for |
|
|
conducting the meetings of the board. The meeting place designated |
|
|
may be a private residence or office, provided that, in the order |
|
|
designating the meeting place, the board declares the place where |
|
|
the meeting is held to be a public place and invites the public to |
|
|
attend any meeting of the board held in that place. |
|
|
(b) If the board establishes that no suitable place exists |
|
|
for meeting inside the district, the board may designate a meeting |
|
|
place outside the district. The board shall give notice of the |
|
|
location of a meeting place outside the district by: |
|
|
(1) filing a copy of the resolution designating the |
|
|
location and a justification of why the meeting will not be held in |
|
|
the district or within 10 miles of the boundary of the district, if |
|
|
applicable, with the commission; and |
|
|
(2) publishing notice of the location in a newspaper |
|
|
of general circulation in the district. |
|
|
(c) If the board changes the location of a meeting place |
|
|
outside the district, the board shall give notice of the change in |
|
|
the manner described by Subsection (b). |
|
|
SUBCHAPTER C. POWERS AND DUTIES |
|
|
Sec. 7913A.0301. GENERAL POWERS AND DUTIES. The district |
|
|
has the powers and duties necessary to accomplish the purposes for |
|
|
which the district is created. |
|
|
Sec. 7913A.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. 7913A.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. 7913A.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. 7913A.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. |
|
|
Sec. 7913A.0306. EFFECT OF ANNEXATION. Notwithstanding any |
|
|
other law, if all or any part of the territory of the district is |
|
|
annexed by the city into the city's corporate limits, the district |
|
|
retains all of the district's outstanding debt and obligations and |
|
|
is not dissolved. |
|
|
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
|
|
Sec. 7913A.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 |
|
|
7913A.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. 7913A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
|
|
authorized at an election held under Section 7913A.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. 7913A.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. 7913A.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. 7913A.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. 7913A.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 Austin County Municipal Utility District No. |
|
|
1 initially includes all the territory contained in the following |
|
|
area: |
|
|
A 38.118 acre, or 1,660,419 square feet more or less, tract of land, |
|
|
being a portion of that residue of called 38.143 acre tract of land |
|
|
conveyed to David Cryan as described in a deed recorded in Clerk's |
|
|
File No. 153921 of the Official Records of Austin County, Texas, |
|
|
situated in the San Felipe de Austin Survey, Abstract 5, in the City |
|
|
of Sealy, Austin County, Texas. Said 38.118 acre tract being more |
|
|
fully described as follows, with bearings based on the Texas |
|
|
Coordinate System of 1983, South Central Zone from the North |
|
|
American Datum of 1983 (NA2011) epoch 2010.00: |
|
|
BEGINNING: At an iron rod with aluminum cap found in the |
|
|
centerline of Harrison Road (30 feet wide) as recorded under Volume |
|
|
Y, Page 318 of the Deed Records of Austin County, Texas and the |
|
|
northeast corner of said 38.143 acre tract and for the northeast |
|
|
corner of the herein described tract and being on the west |
|
|
right-of-way line of Schmidt Road (60 feet wide) a called 3.946 |
|
|
acres of land as conveyed to the City of Sealy as recorded under |
|
|
Clerk's File No. 025841 of the official Records of Austin County, |
|
|
Texas; |
|
|
THENCE: S 42°42'31" W, along and with the said west right-of-way |
|
|
line, a distance of 2,864.13 feet to a point to a 1/2 inch iron pipe |
|
|
with cap stamped "Brown & Gay" found for the southeast corner of the |
|
|
herein described tract and being on the northeast line of a called |
|
|
237.88 acre tract as described in a deed to Wal-Mart Stores East, LP |
|
|
recorded under Clerk's File No. 031749 of the Official Records of |
|
|
Austin County, Texas; |
|
|
THENCE: N 47°18'41" W, along and with said northeast line, a |
|
|
distance of 578.43 feet to an iron rod with a yellow cap stamped |
|
|
"Pate-Dawson" to be set for the southwest corner of the herein |
|
|
described tract and the southeast corner of a called 70.00 acres of |
|
|
land conveyed to David Cryan as recorded in Clerk's File No. 126232 |
|
|
of the Official Records of Austin County, Texas; |
|
|
THENCE: N 42°39'39" E, along with said north line, a distance of a |
|
|
distance of 2,865.17 feet to a 1/2 inch iron rod found in the said |
|
|
centerline of Harrison Road and for the northwest corner of the |
|
|
herein described tract and the northeast corner of said 70.00 |
|
|
acres; |
|
|
THENCE: S 47°12'30" E, along said centerline of Harrison Road, a |
|
|
distance of 580.82 feet to the POINT OF BEGINNING, and containing |
|
|
38.118 acres in the City of Houston, Harris County, Texas. |
|
|
A 118.535 acre, or 5,163,385 square feet more or less, tract of |
|
|
land, being a portion of that residue of called 140.000 acre tract |
|
|
of land conveyed to Ranch County of Texas, Inc. as described in a |
|
|
deed recorded in Clerk's File No. 081189 of the Official Records of |
|
|
Austin County, Texas, and a portion of Tract 1, a residue of a |
|
|
called 55.3 acres of land conveyed to David Cryan as described in a |
|
|
deed recorded in Clerk's File No. 164420 of the Official Records of |
|
|
Austin County, Texas, and all of Tract 2, a called 28.172 acres of |
|
|
land conveyed to David Cryan as described in a deed recorded in |
|
|
Clerk's File No. 153921 of the Official Records of Austin County, |
|
|
Texas, and all of Tract 5, a called 6.1259 acres of land conveyed to |
|
|
David Cryan as described in a deed recorded in Clerk's File |
|
|
No. 164420 of the Official Records of Austin County, Texas, and all |
|
|
of Tract 4, a called 6.1259 acres of land conveyed to David Cryan as |
|
|
described in a deed recorded in Clerk's File No. 164420 of the |
|
|
Official Records of Austin County, Texas, and all of Tract 3, a |
|
|
called 6.1259 acres of land conveyed to David Cryan as described in |
|
|
a deed recorded in Clerk's File No. 164420 of the Official Records |
|
|
of Austin County, Texas, and all of Tract 2, a called 6.1259 acres |
|
|
of land conveyed to David Cryan as described in a deed recorded in |
|
|
Clerk's File No. 164420 of the Official Records of Austin County, |
|
|
Texas, and all of Parcel 1, a called 5.452 acres of land conveyed to |
|
|
David Cryan as described in a deed recorded in Clerk's File |
|
|
No. 191010 of the Official Records of Austin County, Texas, and all |
|
|
of Parcel 2, a called 5.350 acres of land conveyed to David Cryan as |
|
|
described in a deed recorded in Clerk's File No. 191010 of the |
|
|
Official Records of Austin County, Texas, situated in the San |
|
|
Felipe de Austin Survey, Abstract 5, in the City of Sealy, Austin |
|
|
County, Texas. Said 118.535 acre tract being more fully described |
|
|
as follows, with bearings based on the Texas Coordinate System of |
|
|
1983, South Central Zone from the North American Datum of 1983 |
|
|
(NA2011) epoch 2010.00: |
|
|
BEGINNING: At an iron rod with aluminum cap found on the west |
|
|
right-of-way line of F.M. Highway No. 3013 (width varies) and the |
|
|
northeast corner of a called 38.69 acre tract of land conveyed to |
|
|
Jinsung T.E.C. Texas, L.L.C. Texas, L.L.C. as described in a deed |
|
|
recorded in Clerk's File No. 126413 of the Official Records of |
|
|
Austin County, Texas, and for the most northerly southeast corner |
|
|
of the herein described tract; |
|
|
THENCE: N 47°17'47" W, a distance of 950.10 feet to a 5/8 inch iron |
|
|
rod found for an interior corner of the herein described tract and |
|
|
being the northwest corner of said 38.69 acres and on the east line |
|
|
of said Tract 1, a residue of a called 55.3 acres; |
|
|
THENCE: S 42°39'37" W, along the common line of said Tract 1, a |
|
|
residue of a called 55.3 acres and said 38.69 acres, a distance of |
|
|
1,774.20 feet to an iron rod with aluminum cap found for the |
|
|
southeast corner of said Tract 1, a residue of a called 55.3 acres |
|
|
and the southwest corner of said 38.69 acres and for the most |
|
|
southerly southeast corner of the herein described tract and on the |
|
|
northerly line of a called 6.362 acres of land conveyed to the City |
|
|
of Sealy, Texas as recorded in Clerk's File No. 031750 of the |
|
|
Official Records of Austin County, Texas; |
|
|
THENCE: N 47°18'41" W, along with said north line, a distance of |
|
|
1,607.38 feet to an iron rod with aluminum cap found on the east |
|
|
right-of-way line to Schmidt Road (60 feet wide) a called 3.946 |
|
|
acres of land as conveyed to the City of Sealy as recorded under |
|
|
Clerk's File No. 025841 of the official Records of Austin County, |
|
|
Texas, and the southwest corner said Tract 2 of called 28.172 acres |
|
|
and the southwest corner of the herein described tract; |
|
|
THENCE: N 42°42'31" E, along the said east right-of-way line and |
|
|
along said Tract 2 of called 28.172 acres, a distance of 2,864.02 |
|
|
feet to an iron rod with aluminum cap found in the centerline of |
|
|
Harrison Road (30 feet wide) as recorded under Volume Y, Page 318 of |
|
|
Deed Records of Austin County, Texas and the northwest corner of |
|
|
said Tract 2 of called 28.172 acres and the northwest corner of the |
|
|
herein described tract; |
|
|
THENCE: S 47°12'30" E, along and with said centerline of Harrison |
|
|
Road, a distance of 1,921.18 feet to a Mag Nail found for the most |
|
|
northerly northeast corner of the herein described tract and for |
|
|
the northeast corner of said Parcel 2 and the northwest corner of |
|
|
said Residue of called 140.000 acres; |
|
|
THENCE: S 42°38'14" W, along and with the east line of said Parcel |
|
|
2, a distance of 736.53 feet to an iron rod with aluminum cap found |
|
|
for an interior corner of the herein described tract and for the |
|
|
southeast corner of said Parcel 2; |
|
|
THENCE: S 47°18'33" E, departing said east line and along and with |
|
|
the north line of said Parcel 1, a distance of 633.63 feet to an iron |
|
|
rod with aluminum cap found on the west right-of-way line of said |
|
|
F.M. No. 3013 and the most southerly northeast corner of the herein |
|
|
described tract; |
|
|
THENCE: S 42°39'57" W, a distance of 350.05 feet to the POINT OF |
|
|
BEGINNING, and containing 118.535 acres in the City of Houston, |
|
|
Harris 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. (a) If this Act does not receive a two-thirds |
|
|
vote of all the members elected to each house, Subchapter C, Chapter |
|
|
7913A, Special District Local Laws Code, as added by Section 1 of |
|
|
this Act, is amended by adding Section 7913A.0307 to read as |
|
|
follows: |
|
|
Sec. 7913A.0307. 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. |