81R9089 SLB-F
By: Hegar S.B. No. 1115
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Fort Bend County Municipal Utility
District No. 203; 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 8340 to read as follows:
CHAPTER 8340. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 203
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8340.001. 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. 203.
Sec. 8340.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8340.003. 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. 8340.004. 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. 8340.005. 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 8340.006-8340.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8340.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8340.052, directors serve
staggered four-year terms.
Sec. 8340.052. 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 8340.003; 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 8340.003 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 8340.003; 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 8340.053-8340.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8340.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8340.102. 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. 8340.103. 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. 8340.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8340.103
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. 8340.105. 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 8340.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8340.106-8340.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8340.151. 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 8340.153.
(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. 8340.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8340.151, 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. 8340.153. 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 8340.154-8340.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8340.201. 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. 8340.202. 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. 8340.203. 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. 203 initially includes all the territory contained in the
following area:
Being 197.738 acres of land located in the Thomas Westall
League, Abstract 92, and the Noel F. Roberts League, Abstract 79,
Fort Bend County, Texas, more particularly being a portion of that
certain called 69.1455 acre tract conveyed to FM 1489 Farms, Inc.,
by instrument of record in File No. 2008055874, Official Public
Records, of Fort Bend County (F.B.C.O.P.R.), being a portion of
that certain called 200.15 acre tract conveyed to Hady Creek Ranch,
Inc., by instrument of record in File No. 2006084768, F.B.C.O.P.R.,
being a portion of that certain called 45.7951 acre tract conveyed
to Mullins Ranch, Inc., by instrument of record in File No.
2006143619, F.B.C.O.P.R., being all of that certain called 43.348
acre tract conveyed to Mullins Ranch, Inc., by instrument of record
in File No. 2006109294, F.B.C.O.P.R., all of that certain called
10.0 acre tract conveyed to Mullins Ranch, Inc., by instrument of
record in File No. 2006062118, F.B.C.O.P.R., and being all of that
certain called 24.995 acre tract (described as Tract One, Two and
Three) conveyed to Mullins Ranch, Inc. by instrument of record in
File No. 2007099337, F.B.C.O.P.R., said 197.738 acres being more
particularly described in six (6) parts by metes and bounds as
follows (all bearings are assumed);
PART ONE
BEGINNING at the northwest corner of said 69.1455 acre tract,
same being the northeast corner of that certain called 79.309 acre
tract conveyed to Debra Sabrsula, et vir, by instrument of record in
File No. 2000103016, F.B.C.O.P.R., and within the right-of-way of
Stanberry Road;
Thence, with the north line of said 69.1455 acre tract,
North 87 59' 20" East (called South 89 57' 42" East), 912.00 feet to
the northeast corner of said 69.1455 acre tract;
Thence, with the east line of said 69.1455 acre tract,
South 46 16' 58" East, 476.50 feet to a point for corner;
Thence, South 43 50' 03" West, at 14.19 feet pass the
north corner of that certain called 3 acre tract conveyed to Janie
Dreyer, et al, by instrument of record in File No. 2004009841,
F.B.C.O.P.R., and with the northerly line said 3 acre tract in all a
total length of 196.58 feet to a point for corner, the west corner
of said 3 acre tract;
Thence, with the westerly line of said 3 acre tract,
South 40 26' 08" East, 642.23 feet to a point for corner, the south
corner of said 3 acre tract;
Thence, with the southerly line of said 3 acre tract,
North 39 17' 20" East, at 219.68 feet pass the east corner of said 3
acre tract in all a total length of 256.45 feet to a point for corner
on the east line of said 69.1455 acre tract;
Thence, with the east line of said 69.1455 acre tract,
South 52 26' 26" East, 362.53 feet to a point for corner;
Thence, continuing with said east line, South 50 04'
00" East, 88.47 feet to a point for corner;
Thence, leaving said east line, South 82 09' 00" West,
2018.61 feet to a point for corner on the west line of said 69.1455
acre tract;
Thence, with said west line, North 02 25' 03" West
(called North 00 22' 07" West), 1284.07 feet to the POINT OF
BEGINNING and containing 37.110 acres of land.
PART TWO
BEGINNING at the northwest corner of said 200.15 acre
tract, same being the southwest corner of that certain called
59.752 acre tract conveyed to Jim Berger, et ux, by instrument of
record in File No. 9730382, F.B.C.O.P.R., and on the east
right-of-way line of F.M. 1489 (called 100 feet wide);
Thence, with the north line of said 200.15 acre tract,
North 88 05' 32" East (called North 87 57' 56" East), 2178.93 feet
to the northeast corner of said 200.15 acre tract, same being on the
common line of the aforementioned Thomas Westall League and the
Noel F. Roberts League;
Thence, with the east line of said 200.15 acre tract and
with said common survey line, South 02 10' 14" East, 1675.55 feet to
a point for corner;
Thence, leaving said east line and said common survey
line, North 58 01' 26" West, 532.10 feet to a point for corner;
Thence, North 67 52' 22" West, 486.38 feet to a point
for corner;
Thence, North 77 58' 23" West, 486.25 feet to a point
for corner;
Thence, North 87 57' 02" West, 584.71 feet to a point
for corner on the west line of said 200.15 acre tract and on the east
line of said F.M. 1489;
Thence, with the common line of said 200.15 acre tract
and said F.M. 1489, North 05 22' 51" West, 19.79 feet to a point for
corner, the beginning of a curve;
Thence, continuing with said common line, 1038.34 feet
along the arc of a tangent curve to the left, having a radius of
2915.00 feet, a central angle of 20 24' 33" and a chord which bears
North 15 35' 07" West, 1032.86 feet to the POINT OF BEGINNING and
containing 56.634 acres of land.
PART THREE
BEGINNING at the most northerly northeast corner of
said 24.995 acre tract, same being the northwest corner of that
certain called 14.598 acre tract conveyed to Paul C. Edris, et ux,
by instrument of record in File No. 2004142696, F.B.C.O.P.R., and
on the south line of that certain called 304.5 acre tract conveyed
to Phillip Mason Hunt, et al, by instrument of record in File
2004029309, F.B.C.O.P.R.
Thence, with the east line of said 24.995 acre tract,
South 02 23' 38" East (called South 00 53' 56" East), 1371.83 feet
to a reentrant corner of said 24.995 acre tract;
Thence, with a north line of said 24.995 acre tract,
North 87 32' 14" East, 800.00 feet to the most easterly northeast
corner of said 24.995 acre tract, same being on the west
right-of-way line of Hannibal Road (width varies);
Thence, with the common line of said 24.995 acre tract
and said Hannibal Road, South 02 24' 32" East, 271.87 feet to the
southeast corner of said 24.995 acre tract, same being on the north
right-of-way line of said Hannibal Road;
Thence, with the common line of said 24.995 acre tract
and said Hannibal Road, South 87 31' 30" West, 1328.76 feet to the
southwest corner of said 24.995 acre tract;
Thence, with the west line of said 24.995 acre tract,
North 02 23' 38" West (called North 00 53' 56" West), 1651.80 feet
to the northwest corner of said 24.995 acre tract;
Thence, with the north line of said 24.995 acre tract,
North 88 23' 04" East, 528.73 feet to the POINT OF BEGINNING and
containing 24.994 acres of land.
PART FOUR
BEGINNING at the northwest corner of the aforementioned
10.0 acre tract, same being the most northerly northeast corner of
that certain called 647.182 acre tract (described as Tract A)
conveyed to Mullins Ranch, Inc., by instrument of record in File No.
2006089820, F.B.C.O.P.R., and on the south right-of-way line of
said Hannibal Road;
Thence, with the common line of said 10.0 acre tract and
said Hannibal Road, North 85 23' 38" East (called North 87 59' 40"
East), 356.17 feet to the northeast corner of said 10.0 acre tract;
Thence, with the east line of said 10.0 acre tract,
South 02 13' 20" East, 1230.47 feet to the southeast corner of said
10.0 acre tract, same being on a north line of said 647.182 acre
tract;
Thence, with the common line of said 10.0 and 647.182
acre tracts, South 87 27' 19" West, 355.87 feet to the southwest
corner of said 10.0 acre tract;
Thence, continuing with said common line, North 02 13'
20" West, 1217.66 feet to the POINT OF BEGINNING and containing
10.000 acres of land.
PART FIVE
BEGINNING at the northeast corner of the aforementioned
43.348 acre tract, same being the southeast corner of that certain
called 39.882 acre tract conveyed to Timothy S. Raisbeck, et ux, by
instrument of record in File 1999073288, F.B.C.O.P.R, and on the
common line of the aforementioned Noel F. Roberts League and the
John Randon League, Abstract 76;
Thence, with the east line of said 43.348 acre tract and said
common survey line, South 02 46' 24" East (called South 02 13' 49"
East), 885.66 feet to the southeast corner of said 43.348 acre
tract;
Thence, leaving said common survey line and with the
south line of said 43.348 acre tract, South 87 17' 58" West, 2125.52
feet to the southwest corner of said 43.348 acre tract;
Thence, with the west line of said 43.348 acre tract,
North 03 09' 48" West, 890.50 feet the northwest corner of said
43.348 acre tract;
Thence, with the north line of said 43.348 acre tract,
the following three (3) courses:
1) North 87 34' 26" East (called North 88 07' 01" East),
791.55 feet to a point for corner;
2) North 87 16' 57" East, 642.55 feet to a point for
corner;
3) North 87 23' 59" East, 697.49 feet to the POINT OF
BEGINNING and containing 43.356 acres of land.
PART SIX
BEGINNING at the northeast corner of the aforementioned
45.7951 acre tract which lies within the right-of-way of Pool Hill
Road, same being the southeast corner of that certain called 10.00
acre tract conveyed to Lauro Arellano, et ux, by instrument of
record in File No. 2006154744, F.B.C.O.P.R.;
Thence, with the east line of said 45.7951 acre tract,
South 01 58' 27" East (called South 00 37' 34" West), 200.23 feet to
a point for corner;
Thence, continuing with said east line, South 86 59'
39" West, 18.99 feet to a point for corner on the west line of said
Pool Hill Road;
Thence, with the common line of said 45.7951 acre tract and
said Pool Hill Road, South 01 41' 01" East, 143.83 feet to a point
for corner;
Thence, leaving said common line, South 80 19' 45"
West, 476.69 feet to a point for corner;
Thence, South 72 53' 44" West, 390.99 feet to a point
for corner;
Thence, South 63 48' 56" West, 499.55 feet to a point
for corner;
Thence, South 53 32' 30" West, 630.44 feet to a point
for corner on the south line of said 45.7951 acre tract and on a
north line of the aforementioned 647.182 acre tract;
Thence, with the common line of said 45.7951 and 647.182
acre tracts, South 87 11' 19" West, 784.72 feet to the southwest
corner of said 45.7951 acre tract, same being the southeast corner
of that certain called 18.525 acre tract (described as Tract B)
conveyed to Mullins Ranch, Inc., by instrument of record in File No.
2006089820, F.B.C.O.P.R.;
Thence, with the common line of said 45.7951 and 18.525
acre tracts, North 02 40' 01" West, 507.09 feet to the common north
corner of said 45.7951 and 18.525 acre tracts, same being on an
interior line of said 647.182 acre tract;
Thence, with the common line of said 45.7951 and 647.182
acre tracts, North 87 06' 02" East, 1445.65 feet to a reentrant
corner of said 45.7951 acre tract;
Thence, continuing with said common line, North 00 40'
26" West, 532.09 feet to the most northerly northwest corner of said
45.7951 acre tract;
Thence, with the north line of said 45.7951 acre tract,
North 86 59' 39" East, 1178.24 feet to the POINT OF BEGINNING and
containing 25.644 acres of land.
Said Part One, Part Two, Part Three, Part Four, Part
Five and Part Six containing a total of 197.738 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.