Texas 2009 - 81st Regular

Texas House Bill HB1252 Compare Versions

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1	1	81R6257 HLT-F
2	2	By: Zerwas H.B. No. 1252
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Fort Bend County Municipal Utility
8	8	District No. 200; providing authority to impose a tax and issue
9	9	bonds; granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8337 to read as follows:
13	13	CHAPTER 8337. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 200
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8337.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Director" means a board member.
18	18	(3) "District" means the Fort Bend County Municipal
19	19	Utility District No. 200.
20	20	Sec. 8337.002. NATURE OF DISTRICT. The district is a
21	21	municipal utility district created under Section 59, Article XVI,
22	22	Texas Constitution.
23	23	Sec. 8337.003. CONFIRMATION AND DIRECTORS' ELECTION
24	24	REQUIRED. The temporary directors shall hold an election to
25	25	confirm the creation of the district and to elect five permanent
26	26	directors as provided by Section 49.102, Water Code.
27	27	Sec. 8337.004. CONSENT OF MUNICIPALITY REQUIRED. The
28	28	temporary directors may not hold an election under Section 8337.003
29	29	until each municipality in whose corporate limits or
30	30	extraterritorial jurisdiction the district is located has
31	31	consented by ordinance or resolution to the creation of the
32	32	district and to the inclusion of land in the district.
33	33	Sec. 8337.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
34	34	The district is created to serve a public purpose and benefit.
35	35	(b) The district is created to accomplish the purposes of:
36	36	(1) a municipal utility district as provided by
37	37	general law and Section 59, Article XVI, Texas Constitution; and
38	38	(2) Section 52, Article III, Texas Constitution, that
39	39	relate to the construction, acquisition, or improvement of
40	40	macadamized, graveled, or paved roads described by Section 54.234,
41	41	Water Code, or improvements, including storm drainage, in aid of
42	42	those roads.
43	43	Sec. 8337.006. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act creating this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act creating this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	[Sections 8337.007-8337.050 reserved for expansion]
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 8337.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 8337.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 8337.052. TEMPORARY DIRECTORS. (a) The temporary
63	63	board consists of:
64	64	(1) Alan Lee;
65	65	(2) U. L. Edwards;
66	66	(3) Danny Wilbanks;
67	67	(4) Jim Taylor; and
68	68	(5) John West.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 8337.003; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act creating this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 8337.003 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 8337.003; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	[Sections 8337.053-8337.100 reserved for expansion]
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 8337.101. GENERAL POWERS AND DUTIES. The district has
93	93	the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 8337.102. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 8337.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
101	101	Section 52, Article III, Texas Constitution, the district may
102	102	design, acquire, construct, finance, issue bonds for, improve, and
103	103	convey to this state, a county, or a municipality for operation and
104	104	maintenance macadamized, graveled, or paved roads described by
105	105	Section 54.234, Water Code, or improvements, including storm
106	106	drainage, in aid of those roads.
107	107	(b) The district may exercise the powers provided by this
108	108	section without submitting a petition to or obtaining approval from
109	109	the Texas Commission on Environmental Quality as required by
110	110	Section 54.234, Water Code.
111	111	Sec. 8337.104. APPROVAL OF ROAD PROJECT. (a) The district
112	112	may not undertake a road project authorized by Section 8337.103
113	113	unless:
114	114	(1) each municipality or county that will operate and
115	115	maintain the road has approved the plans and specifications of the
116	116	road project, if a municipality or county will operate and maintain
117	117	the road; or
118	118	(2) the Texas Transportation Commission has approved
119	119	the plans and specifications of the road project, if the state will
120	120	operate and maintain the road.
121	121	(b) Except as provided by Subsection (a), the district is
122	122	not required to obtain approval from the Texas Transportation
123	123	Commission to design, acquire, construct, finance, issue bonds for,
124	124	improve, or convey a road project.
125	125	Sec. 8337.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
126	126	OR RESOLUTION. The district shall comply with all applicable
127	127	requirements of any ordinance or resolution that is adopted under
128	128	Section 54.016 or 54.0165, Water Code, and that consents to the
129	129	creation of the district or to the inclusion of land in the
130	130	district.
131	131	Sec. 8337.106. LIMITATION ON USE OF EMINENT DOMAIN. The
132	132	district may not exercise the power of eminent domain outside the
133	133	district to acquire a site or easement for:
134	134	(1) a road project authorized by Section 8337.103; or
135	135	(2) a recreational facility as defined by Section
136	136	49.462, Water Code.
137	137	[Sections 8337.107-8337.150 reserved for expansion]
138	138	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
139	139	Sec. 8337.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
140	140	district may issue, without an election, bonds and other
141	141	obligations secured by:
142	142	(1) revenue other than ad valorem taxes; or
143	143	(2) contract payments described by Section 8337.153.
144	144	(b) The district must hold an election in the manner
145	145	provided by Chapters 49 and 54, Water Code, to obtain voter approval
146	146	before the district may impose an ad valorem tax or issue bonds
147	147	payable from ad valorem taxes.
148	148	(c) The district may not issue bonds payable from ad valorem
149	149	taxes to finance a road project unless the issuance is approved by a
150	150	vote of a two-thirds majority of the district voters voting at an
151	151	election held for that purpose.
152	152	Sec. 8337.152. OPERATION AND MAINTENANCE TAX. (a) If
153	153	authorized at an election held under Section 8337.151, the district
154	154	may impose an operation and maintenance tax on taxable property in
155	155	the district in accordance with Section 49.107, Water Code.
156	156	(b) The board shall determine the tax rate. The rate may not
157	157	exceed the rate approved at the election.
158	158	Sec. 8337.153. CONTRACT TAXES. (a) In accordance with
159	159	Section 49.108, Water Code, the district may impose a tax other than
160	160	an operation and maintenance tax and use the revenue derived from
161	161	the tax to make payments under a contract after the provisions of
162	162	the contract have been approved by a majority of the district voters
163	163	voting at an election held for that purpose.
164	164	(b) A contract approved by the district voters may contain a
165	165	provision stating that the contract may be modified or amended by
166	166	the board without further voter approval.
167	167	[Sections 8337.154-8337.200 reserved for expansion]
168	168	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
169	169	Sec. 8337.201. AUTHORITY TO ISSUE BONDS AND OTHER
170	170	OBLIGATIONS. The district may issue bonds or other obligations
171	171	payable wholly or partly from ad valorem taxes, impact fees,
172	172	revenue, contract payments, grants, or other district money, or any
173	173	combination of those sources, to pay for any authorized district
174	174	purpose.
175	175	Sec. 8337.202. TAXES FOR BONDS. At the time the district
176	176	issues bonds payable wholly or partly from ad valorem taxes, the
177	177	board shall provide for the annual imposition of a continuing
178	178	direct ad valorem tax, without limit as to rate or amount, while all
179	179	or part of the bonds are outstanding as required and in the manner
180	180	provided by Sections 54.601 and 54.602, Water Code.
181	181	Sec. 8337.203. BONDS FOR ROAD PROJECTS. At the time of
182	182	issuance, the total principal amount of bonds or other obligations
183	183	issued or incurred to finance road projects and payable from ad
184	184	valorem taxes may not exceed one-fourth of the assessed value of the
185	185	real property in the district.
186	186	SECTION 2. The Fort Bend County Municipal Utility District
187	187	No. 200 initially includes all the territory contained in the
188	188	following area:
189	189	FIELD NOTES FOR A 65.877 ACRE TRACT OF LAND IN THE WILLIAM
190	190	ANDREWS LEAGUE, ABSTRACT 3, AND THE JOHN FOSTER 2-1/2 LEAGUE GRANT,
191	191	ABSTRACT 26, FORT BEND COUNTY, TEXAS, SAID 65.877 ACRE TRACT BEING
192	192	COMPRISED OF THAT CERTAIN CALLED 7.00 ACRE TRACT RECORDED IN VOLUME
193	193	1722, PAGE 589, OFFICIAL RECORDS, FORT BEND COUNTY, TEXAS, THAT
194	194	CERTAIN CALLED 28.00 ACRE TRACT RECORDED IN VOLUME 1722, PAGE 574,
195	195	OFFICIAL RECORDS, FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED
196	196	26.00 ACRE TRACT RECORDED IN VOLUME 2375, PAGE 1438, OFFICIAL
197	197	RECORDS, FORT BEND COUNTY, TEXAS, AND THAT CERTAIN CALLED 5.00 ACRE
198	198	TRACT RECORDED IN VOLUME 1543, PAGE 848, OFFICIAL RECORDS, FORT
199	199	BEND COUNTY, TEXAS, WITH ALL BEARINGS BASED UPON THE TEXAS
200	200	COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD83, BASED UPON GPS
201	201	OBSERVATIONS OF FORT BEND COUNTY MONUMENT NUMBER FB08.
202	202	BEGINNING at a 1/2 inch iron pipe with cap marked "Kalkomey
203	203	Surveying" found in the north right-of-way line of F. M. Highway 359
204	204	(100-feet wide) for the southeast corner of said called 28.00 acre
205	205	tract, same being the southwest corner of an adjoining called
206	206	4.5256 acre tract recorded under County Clerk's File Number
207	207	1999005944, Official Public Records, Fort Bend County, Texas, for
208	208	the lower southeast corner and Place of Beginning of the herein
209	209	described tract, said point bears North 69 degrees 07 minutes 59
210	210	seconds West, 658.65 feet (called North 66 degrees 53 minutes 39
211	211	seconds West, 658.51 feet) from a concrete monument found at the
212	212	intersection of the north right-of-way line of F. M. Highway 359
213	213	with the west right-of-way line of F. M. Highway 723 (100-feet
214	214	wide);
215	215	THENCE North 69 degrees 06 minutes 58 seconds West (called
216	216	North 66 degrees 53 minutes 39 seconds West) along the south line of
217	217	the herein described tract and the south line of said called 28.00
218	218	acre tract, same being the north right-of-way line of F. M. Highway
219	219	359, 672.77 feet (called 672.80 feet) to a 1/2 inch iron pipe found
220	220	on said line for angle point, being the southwest corner of said
221	221	called 28.00 acre tract, same being the southeast corner of the
222	222	aforementioned called 26.00 acre tract;
223	223	THENCE North 68 degrees 55 minutes 26 seconds West (called
224	224	North 66 degrees 53 minutes 39 seconds West) along the south line of
225	225	the herein described tract, the south line of said called 26.00 acre
226	226	tract, and the south line of the aforementioned called 5.00 acre
227	227	tract, same being the north right-of-way line of F. M. Highway 359,
228	228	668.02 feet to a concrete monument found at the beginning of a curve
229	229	to the left;
230	230	THENCE along said curve to the left having a central angle of
231	231	02 degrees 16 minutes 15 seconds, a radius of 3,870.00 feet, an arc
232	232	length of 153.37 feet, and a chord bearing North 69 degrees 55
233	233	minutes 17 seconds West, 153.36 feet to a point on said curve for
234	234	the southwest corner of the herein described tract and the
235	235	southwest corner of said called 5.00 acre tract, same being the
236	236	southeast corner of an adjoining called 10.228 acre tract recorded
237	237	in Volume 2584, Page 467, Official Records, Fort Bend County,
238	238	Texas;
239	239	THENCE North 02 degrees 03 minutes 09 seconds West (adjoiner
240	240	called North 00 degrees 17 minutes 10 seconds West) along the west
241	241	line of the herein described tract and the west line of said called
242	242	5.00 acre tract, same being the east line of said adjoining called
243	243	10.228 acre tract, at 0.35 feet pass a 1/2 inch iron pipe found in
244	244	concrete on said line, and continuing for a total distance of 462.83
245	245	feet (adjoiner called 462.4 feet) to an axle found on said line for
246	246	angle point;
247	247	THENCE North 02 degrees 17 minutes 04 seconds West (adjoiner
248	248	called North) continuing along the west line of the herein
249	249	described tract and the west line of said called 5.00 acre tract,
250	250	and along the west line of the aforementioned called 26.00 acre
251	251	tract, same being the east line of said adjoining called 10.228 acre
252	252	tract, at 327.68 feet pass a 1/2 inch iron pipe found 2.95 feet left
253	253	of said line, and continuing for a total distance of 512.48 feet
254	254	(adjoiner called 512.70 feet) to a 1-1/4 inch iron pipe found on
255	255	said line for angle point, said point being the northeast corner of
256	256	said adjoining called 10.228 acre tract, same being the southeast
257	257	corner of an adjoining called 112.617 acre tract recorded in Volume
258	258	759, Page 180, Deed Records, Fort Bend County, Texas;
259	259	THENCE North 02 degrees 23 minutes 34 seconds West (adjoiner
260	260	called North) along the west line of the herein described tract and
261	261	the west line of said called 26.00 acre tract, same being the east
262	262	line of said adjoining called 112.617 acre tract, at 565.00 feet
263	263	pass a 1/2 inch iron pipe with cap marked "Kalkomey Surveying" set
264	264	on said line for reference, and continuing for a total distance of
265	265	785.90 feet (adjoiner called 760 feet) to a point on the centerline
266	266	of Jones Creek for the northwest corner of the herein described
267	267	tract and the northwest corner of said called 26.00 acre tract, same
268	268	being the northeast corner of said adjoining called 112.617 acre
269	269	tract, the southeast corner of an adjoining called 64.28 acre tract
270	270	recorded under Probate File Number 16,393, Probate Records, Fort
271	271	Bend County, Texas, described in Volume 203, Page 392, Deed
272	272	Records, Fort Bend County, Texas, and the southwest corner of an
273	273	adjoining called 26.2992 acre tract recorded under County Clerk's
274	274	File Number 2004151301, Official Public Records, Fort Bend County,
275	275	Texas;
276	276	THENCE along the centerline of Jones Creek, being the common
277	277	line of the herein described tract and said adjoining called
278	278	26.2992 acre tract, with the following meanders:
279	279	South 64 degrees 31 minutes 36 seconds East, 280.44
280	280	feet;
281	281	South 76 degrees 15 minutes 19 seconds East, 149.11
282	282	feet;
283	283	North 88 degrees 53 minutes 35 seconds East, 340.35
284	284	feet;
285	285	South 81 degrees 11 minutes 21 seconds East, 613.46
286	286	feet;
287	287	South 75 degrees 31 minutes 44 seconds East, 38.64 feet
288	288	to a point for the upper northeast corner of the herein described
289	289	tract and the northeast corner of the aforementioned called 28.00
290	290	acre tract, same being the northwest corner of an adjoining called
291	291	6.00 acre tract recorded under Probate File Number 15,316, Probate
292	292	Records, Fort Bend County, Texas, described in Volume 1291, Page
293	293	289, Official Records, Fort Bend County, Texas;
294	294	THENCE South 02 degrees 23 minutes 02 seconds East (adjoiner
295	295	called South 00 degrees 09 minutes 07 seconds East) along the common
296	296	line of the herein described tract and said adjoining called 6.00
297	297	acre tract, at 170.05 feet pass a 1/2 inch iron pipe found on said
298	298	line for reference, and continuing for a total distance of 431.86
299	299	feet (adjoiner called 431.93 feet) to a 1/2 inch iron pipe found for
300	300	a reentry corner to the herein described tract, same being the
301	301	southwest corner of said adjoining called 6.00 acre tract, and
302	302	being the northwest corner of the aforementioned called 7.00 acre
303	303	tract;
304	304	THENCE South 76 degrees 29 minutes 28 seconds East (called
305	305	South 74 degrees 17 minutes 23 seconds East) continuing along said
306	306	common line, 632.36 feet (called 632.52 feet) to a 1/2 inch iron
307	307	pipe found in the west right-of-way line of F. M. Highway 723 for
308	308	the lower northeast corner of the herein described tract and the
309	309	northeast corner of said called 7.00 acre tract, same being the
310	310	southeast corner of said adjoining called 6.00 acre tract;
311	311	THENCE South 02 degrees 16 minutes 54 seconds East (called
312	312	South 00 degrees 02 minutes 09 seconds East) along the most easterly
313	313	east line of the herein described tract and the east line of said
314	314	called 7.00 acre tract, same being the west right-of-way line of F.
315	315	M. Highway 723, 543.27 feet (called 543.35 feet) to a 1/2 inch iron
316	316	pipe found for the upper southeast corner of the herein described
317	317	tract and the southeast corner of said called 7.00 acre tract, same
318	318	being the northeast corner of an adjoining called 5.236 acre tract
319	319	recorded under County Clerk's File Number 2006017382, Official
320	320	Public Records, Fort Bend County, Texas;
321	321	THENCE North 69 degrees 21 minutes 26 seconds West (called
322	322	North 67 degrees 14 minutes 09 seconds West) along the common line
323	323	of the herein described tract and said adjoining called 5.236 acre
324	324	tract, 659.41 feet (called 659.37 feet) to a 1/2 inch iron pipe with
325	325	cap marked "Kalkomey Surveying" found for a reentry corner to the
326	326	herein described tract, being the southwest corner of said called
327	327	7.00 acre tract, same being the northwest corner of said adjoining
328	328	called 5.236 acre tract, and being in the east line of the
329	329	aforementioned called 28.00 acre tract;
330	330	THENCE South 02 degrees 16 minutes 32 seconds East (adjoiner
331	331	called South 00 degrees 09 minutes 07 seconds East) continuing
332	332	along said common line, 377.92 feet (adjoiner called 377.90 feet)
333	333	to a 1/2 inch iron pipe with cap marked "Kalkomey Surveying" found
334	334	on said line for angle point, said point being the upper southwest
335	335	corner of said adjoining called 5.236 acre tract, same being the
336	336	northwest corner of the aforementioned adjoining called 4.5256 acre
337	337	tract;
338	338	THENCE South 02 degrees 19 minutes 53 seconds East (adjoiner
339	339	called South 00 degrees 09 minutes 07 seconds East) along the lower
340	340	east line of the herein described tract and the east line of said
341	341	called 28.00 acre tract, same being the west line of said adjoining
342	342	called 4.5256 acre tract, at 341.30 feet pass a 1/2 inch iron pipe
343	343	found on said line, and continuing for a total distance of 772.86
344	344	feet (adjoiner called 771.90 feet) to the Place of Beginning and
345	345	containing 65.877 acres of land, more or less.
346	346	SECTION 3. (a) The legal notice of the intention to
347	347	introduce this Act, setting forth the general substance of this
348	348	Act, has been published as provided by law, and the notice and a
349	349	copy of this Act have been furnished to all persons, agencies,
350	350	officials, or entities to which they are required to be furnished
351	351	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
352	352	Government Code.
353	353	(b) The governor, one of the required recipients, has
354	354	submitted the notice and Act to the Texas Commission on
355	355	Environmental Quality.
356	356	(c) The Texas Commission on Environmental Quality has filed
357	357	its recommendations relating to this Act with the governor, the
358	358	lieutenant governor, and the speaker of the house of
359	359	representatives within the required time.
360	360	(d) All requirements of the constitution and laws of this
361	361	state and the rules and procedures of the legislature with respect
362	362	to the notice, introduction, and passage of this Act are fulfilled
363	363	and accomplished.
364	364	SECTION 4. This Act takes effect immediately if it receives
365	365	a vote of two-thirds of all the members elected to each house, as
366	366	provided by Section 39, Article III, Texas Constitution. If this
367	367	Act does not receive the vote necessary for immediate effect, this
368	368	Act takes effect September 1, 2009.