81R6250 SLB-F
By: Hegar S.B. No. 1113
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Fort Bend County Municipal Utility
District No. 201; providing authority to impose a tax and issue
bonds; granting a limited power of eminent domain.
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 8333 to read as follows:
CHAPTER 8333. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 201
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8333.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Fort Bend County Municipal
Utility District No. 201.
Sec. 8333.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8333.003. CONFIRMATION AND DIRECTORS' 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. 8333.004. 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, or improvement of
macadamized, graveled, or paved roads described by Section 54.234,
Water Code, or improvements, including storm drainage, in aid of
those roads.
Sec. 8333.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating 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.
[Sections 8333.006-8333.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8333.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8333.052, directors serve
staggered four-year terms.
Sec. 8333.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating 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 Texas Commission on
Environmental Quality 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 8333.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 8333.003 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 8333.003; 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.
[Sections 8333.053-8333.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8333.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8333.102. 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. 8333.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the Texas Commission on Environmental Quality as required by
Section 54.234, Water Code.
Sec. 8333.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8333.103
unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
Sec. 8333.105. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8333.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8333.106-8333.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8333.151. 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 8333.153.
(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. 8333.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8333.151, 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. 8333.153. 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.
[Sections 8333.154-8333.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8333.201. 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. 8333.202. 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. 8333.203. 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 Fort Bend County Municipal Utility District
No. 201 initially includes all the territory contained in the
following area:
Being 1212.476 acres of land located in the Randolph Foster
League, Abstract 28, the Isaac N. Charles League, Abstract 17 and
the Nathan Brookshire League, Abstract 14, Fort Bend County, Texas,
more particularly being a portion of that certain called 672.719
acre tract conveyed to NBI Properties, Inc., by instruments of
record in Volume 1005, Page 102, Official Public Records, of said
Waller County (W.C.O.P.R.) and File No. 2006149078, Official Public
Records, of Fort Bend County (F.B.C.O.P.R.), being a portion of
that certain called 477.895 acre tract conveyed to NBI Properties,
Inc., by instruments of record in Volume 0998, Page 753,
W.C.O.P.R., and File No. 2006146817, F.B.C.O.P.R., being all of
that certain called 316.9155 acre tract conveyed to NBI Properties,
Inc., by instrument of record in File No. 2006152865, F.B.C.O.P.R.,
being all of those certain called 156.927 (described as Tract One)
and 228.012 (described as Tract Two) acre tracts conveyed to Hunt
Road & Poole Hill Farms, Inc., by instrument of record in File No.
2006140848, F.B.C.O.P.R., being all of that certain called 167.996
acre tract conveyed to Hunt Road & Poole Hill Farms, Inc., by
instrument of record in File No. 2006124567, F.B.C.O.P.R., and
being all being all of that certain called 235.82 acre tract
conveyed to Hunt Road & Poole Hill Farms, Inc., by instrument of
record in File No. 2007106146, F.B.C.O.P.R., said 1212.476 acres
being more particularly described in four (4) parts by metes and
bounds as follows (all bearings are assumed);
PART ONE
BEGINNING at the southeast corner of said 477.895 acre tract,
same being the northeast corner of that certain called 173.5 acre
tract conveyed to North Brookshire Limited, L.P., by instruments of
record in Volume 1322, Page 117 and Volume 1324, Page 589, Official
Records, of said Fort Bend County (F.B.C.O.R.), on the westerly
right-of-way line of F.M. 359 (called 100 feet wide);
Thence, with the common line of said 477.895 and 173.5
acre tracts, South 86 14' 39" West (called South 86 14' 39" West),
4424.53 feet to a point for corner, the northwest corner of said
173.5 acre tract, the northeast corner of said 316.9155 acre tract
and on the common line of said Fort Bend County and said Waller
County;
Thence, with said common county line, North 64 45' 09"
East, 3822.58 feet to a point for corner on the common line of said
477.895 acre tract and said F.M. 359;
Thence, leaving said common county line and with the
common line of said 477.895 acre tract and F.M. 359, the following
three (3) courses:
1) South 35 56' 20" East, 1122.72 feet to a point for
corner, the beginning of a curve;
2) 422.99 feet along the arc of a non-tangent curve to the
right, having a radius of 11680.86 feet, a central angle of 02 04'
29" and a chord which bears South 34 53' 15" East, 422.97 feet to a
point for corner;
3) South 33 49' 22" East, 101.93 feet to the POINT OF
BEGINNING and containing 71.295 acres of land.
PART TWO
BEGINNING at the northeast corner of said 316.9155 acre
tract, the northwest corner of that certain called 173.5 acre tract
conveyed to North Brookshire Limited, L.P., by instruments of
record in Volume 1322, Page 117 and Volume 1324, Page 589,
F.B.C.O.R., on the south line of the William Cooper League,
Abstract 20 and on the common line of said Fort Bend County and said
Waller County;
Thence, with the east line of said 316.9155 acre tract,
the following six (6) courses:
1) South 05 12' 16" East (called South 01 37' 03" East),
840.62 feet to a point for corner;
2) North 89 47' 13" East, 336.48 feet to a point for
corner;
3) South 09 43' 53" East, 467.84 feet to a point for
corner;
4) South 07 30' 55" East, 850.00 feet to a point for
corner;
5) South 05 32' 28" East, 41.16 feet to a point for
corner;
6) South 05 15' 23" East, 278.35 feet to the southeast
corner of said 316.9155 acre tract;
Thence, with the common line of said 316.9155 acre tract
and Pecan Hill Subdivision, an unrecorded subdivision, the
following four (4) courses:
1) South 77 45' 11" West (called South 81 20' 25" West),
724.59 feet to a point for corner;
2) South 78 45' 46" West, 892.00 feet to a point for
corner;
3) South 87 44' 44" West, 1795.20 feet to a point for
corner;
4) North 02 30' 59" West, 806.12 feet to a point for
corner;
Thence, continuing with a south line of said 316.9155
acre tract, North 02 58' 37" West, 513.22 feet to a point for
corner;
Thence, continuing with said south line, South 87 09'
42" West, 1088.25 feet to the most easterly northeast corner of said
672.719 acre tract;
Thence, with the east line of said 672.719 acre tract,
the following six (6) courses:
1) South 02 10' 54" East (called South 02 10' 52" East),
513.74 feet to a point for corner;
2) South 02 13' 19" East, 288.83 feet to a point for corner,
the beginning of a curve;
3) 68.38 feet along the arc of a non-tangent curve to the
left, having a radius of 60.00 feet, a central angle of 65 17' 45"
and a chord which bears South 55 12' 43" West, 64.74 feet to a point
for corner;
4) South 87 45' 09" West, 894.21 feet to a point for
corner;
5) North 03 34' 22" West, 50.00 feet to a point for
corner;
6) South 87 26' 22" West, 281.31 feet to a point for corner
on the centerline of Bessies Creek;
Thence, with the centerline of said Bessies Creek, the
following three (3) courses:
1) North 63 45' 04" West, 311.20 feet to a point for corner;
2) North 72 10' 05" West, 677.66 feet to a point for
corner;
3) North 60 36' 40" West, 445.96 feet to a point for corner
on the common survey line of said Nathan Brookshire League,
Abstract 14 (Fort Bend County) and the Randolph Foster League,
Abstract 27 (Waller County) and on the common line of said Fort Bend
County and said Waller County;
Thence, with said common survey line and said common
county line, North 03 52' 13" West, 1603.64 feet to a point for
corner, the common north corner of said 316.9155 and said 672.719
acre tracts, on the south line of the aforementioned 477.895 acre
tract and on the common line of said Nathan Brookshire League,
Abstract 14 (Fort Bend County) and the William Cooper League,
Abstract 20 (Waller County);
Thence, continuing with said common county line, and
said common survey line, and the common line of said 316.9155 and
477.895 acre tracts, the following three (3) courses:
1) North 87 38' 07" East, 1788.08 feet to a point for
corner;
2) North 87 38' 07" East, 1191.63 feet to a point for
corner;
3) North 87 42' 18" East, 3540.08 feet to the POINT OF
BEGINNING and containing 354.310 acres of land.
PART THREE
BEGINNING at the northeast corner of the aforementioned
167.996 acre tract, same being on the south line of that certain
called 9.2199 acre tract conveyed to Thomas D. Snader, et ux, by
instrument of record in File No. 9612689, F.B.C.O.P.R., and on the
west right-of-way line of Pool Hill Road;
Thence, with the common line of said 167.996 acre tract
and said Pool Hill Road, South 01 15' 01" East (called South 01 15'
01" East), 1121.50 feet to the southeast corner of said 167.996 acre
tract, same being on the north right-of-way line of Hunt Road;
Thence, with the south lines of said 167.996 acre tract
and the aforementioned 228.012 acre tract and the north line of said
Hunt Road, the following five (5) courses:
1) North 67 08' 57" West, 481.38 feet to a point for corner;
2) South 88 44' 54" West, 1206.64 feet to a point for
corner;
3) South 88 35' 09" West, 3373.73 feet to a point for
corner;
4) South 88 37' 31" West, 1554.55 feet to a point for
corner;
5) South 88 42' 59" West, 1068.05 feet to a point for corner
on the centerline of Bessies Creek;
Thence, with the centerline meanders of said Bessies
Creek, the following five (5) courses:
1) North 04 24' 25" East, 500.20 feet to a point for corner;
2) North 17 02' 57" West, 483.52 feet to a point for
corner;
3) North 49 34' 26" West, 1093.06 feet to a point for
corner;
4) North 01 41' 05" West, 209.65 feet to a point for
corner;
5) North 21 10' 25" East, 193.50 feet to a point for corner
on the common line of said Fort Bend County and said Waller County;
Thence, with said common county line, North 87 55' 15"
East, 293.26 feet to a point for corner on the west line of the
aforementioned Isaac N. Charles League and a reentrant corner of
said county line;
Thence, with the common line of said Randolph Foster
League, Abstract 27 (Waller County) and said Isaac N. Charles
Leagues and continuing with said common county line, North 02 07'
05" West, 201.15 feet to a point for corner on the centerline of
said Bessies Creek;
Thence, leaving said common survey line and said common
county and with the centerline meanders of Bessies Creek, the
following three (3) courses:
1) North 64 39' 53" East, 707.60 feet to a point for corner;
2) North 56 39' 01" East, 550.92 feet to a point for
corner;
3) North 34 38' 27" East, 435.63 feet to a point for corner
on the north line of said 228.012 acre tract, same being on the
common line of said Isaac N. Charles League and the aforementioned
Nathan Brookshire League, Abstract 14 (Fort Bend County);
Thence, with the north line of said 228.012 and 167.966
acre tracts and said common survey line, the following three (3)
courses:
1) North 88 36' 23" East (called North 88 36' 23" East),
2740.39 feet to a point for corner;
2) North 88 38' 43" East, 391.42 feet to a point for
corner;
3) North 88 34' 09" East, 234.57 feet to the most northerly
northeast corner of said 167.966 acre tract;
Thence, leaving said common survey line and with an east
line of said 167.996 acre tract, the following five (5) courses:
1) South 00 16' 33" East, 180.00 feet to a point for corner;
2) South 00 43' 08" East, 334.17 feet to a point for
corner;
3) South 01 40' 45" East, 641.05 feet to a point for
corner;
4) South 02 00' 21" East, 192.72 feet to a point for
corner;
5) South 01 10' 30" East, 987.32 feet to a reentrant corner
of said 167.996 acre tract;
Thence, with a north line of said 167.996 acre tract,
the following four (4) courses:
1) North 88 25' 10" East, 1015.89 feet to a point for
corner;
2) North 87 39' 34" East, 395.22 feet to a point for
corner;
3) North 87 30' 41" East, 841.03 feet to a point for
corner;
4) North 87 59' 27" East, 1192.62 feet to the POINT OF
BEGINNING and containing 394.123 acres of land.
PART FOUR
BEGINNING at the northeast corner of the aforementioned
235.82 acre tract, same being the southeast corner of the
aforementioned 156.927 acre tract and on the west right-of-way line
of said Pool Hill Road:
Thence, with the common line of said 235.82 acre tract
and said Pool Hill Road, South 01 46' 06" East (called South 01 51'
06" East), 837.49 feet to the most easterly south east corner of
said 235.82 acre tract;
Thence, with the south line of said 235.82 acre tract,
South 85 12' 35" West, 2933.05 feet to a reentrant corner of said
235.82 acre tract;
Thence, South 03 43' 41" East, 1040.32 feet to the most
southerly southeast corner of said 235.82 acre tract and on the
common line of said Isaac N. Charles League and the Noel F. Roberts
Survey, Abstract 79;
Thence, with the south line of said 235.82 acre tract and said
common survey line, South 88 35' 35" West, 3697.60 feet to the
southwest corner of said 235.82 acre tract, same being on the east
right-of-way line of Hunt Lane;
Thence, leaving said common survey line and with the
common line of said 235.82 acre tract and said Hunt Lane, North 02
09' 17" West, 825.45 feet to a point for corner;
Thence, with the west line of said 235.82 acre tract,
the following three (3) courses;
1) North 85 14' 09" East, 415.86 feet to a point for corner;
2) North 02 22' 29" West, 419.90 feet to a point for
corner;
3) South 87 44' 26" West, 414.27 feet to a point for corner
on the east line of said Hunt Lane;
Thence, with the common line of said 235.82 acre tract
and said Hunt lane, North 02 12' 21" West, 848.23 feet to the common
west corner of said 235.82 and 156.927 acre tracts;
Thence, with the common line of said 156.927 acre tract
and said Hunt Lane, North 02 13' 51" West (called North 02 12' 35"
West), 1016.80 feet to the northwest corner of said 156.927 acre
tract and on the south right-of-way line of the aforementioned Hunt
Road;
Thence, with the common line of said 156.927 acre tract
and said Hunt Road, the following three (3) courses:
1) North 88 40' 10" East, 6067.64 feet to a point for
corner;
2) South 84 45' 30" East, 63.21 feet to a point for
corner;
3) South 67 24' 16" East, 523.06 feet to the northeast
corner of said 156.927 acre tract and on the west line of the
aforementioned Pool Hill Road;
Thence, with the common line of said 156.927 acre tract
and said Pool Hill Road, South 02 18' 03" East, 850.14 feet to the
POINT OF BEGINNING and containing 392.748 acres of land.
Said Part One, Part Two, Part Three and Part Four
containing a total of 1212.476 acres 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. 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, 2009.