Texas 2009 - 81st Regular

Texas Senate Bill SB1241 Compare Versions

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1	1	S.B. No. 1241
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Fort Bend County Water Control and
6	6	Improvement District No. 10; providing authority to impose a tax
7	7	and issue bonds; granting a limited power of eminent domain.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle I, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 9034 to read as follows:
11	11	CHAPTER 9034. FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT
12	12	DISTRICT NO. 10
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 9034.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Director" means a board member.
17	17	(3) "District" means the Fort Bend County Water
18	18	Control and Improvement District No. 10.
19	19	Sec. 9034.002. NATURE OF DISTRICT. The district is a water
20	20	control and improvement district created under Section 59, Article
21	21	XVI, Texas Constitution.
22	22	Sec. 9034.003. CONFIRMATION AND DIRECTORS' ELECTION
23	23	REQUIRED. The temporary directors shall hold an election to
24	24	confirm the creation of the district and to elect five permanent
25	25	directors as provided by Section 49.102, Water Code.
26	26	Sec. 9034.004. CONSENT OF MUNICIPALITY REQUIRED. The
27	27	temporary directors may not hold an election under Section 9034.003
28	28	until each municipality in whose corporate limits or
29	29	extraterritorial jurisdiction the district is located has
30	30	consented by ordinance or resolution to the creation of the
31	31	district and to the inclusion of land in the district.
32	32	Sec. 9034.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
33	33	(a) The district is created to serve a public purpose and benefit.
34	34	(b) The district is created to accomplish the purposes of:
35	35	(1) a water control and improvement district as
36	36	provided by general law and Section 59, Article XVI, Texas
37	37	Constitution; and
38	38	(2) Section 52, Article III, Texas Constitution, that
39	39	relate to the construction, acquisition, improvement, operation,
40	40	or maintenance of macadamized, graveled, or paved roads, or
41	41	improvements, including storm drainage, in aid of those roads.
42	42	Sec. 9034.006. INITIAL DISTRICT TERRITORY. (a) The
43	43	district is initially composed of the territory described by
44	44	Section 2 of the Act creating this chapter.
45	45	(b) The boundaries and field notes contained in Section 2 of
46	46	the Act creating this chapter form a closure. A mistake made in the
47	47	field notes or in copying the field notes in the legislative process
48	48	does not affect the district's:
49	49	(1) organization, existence, or validity;
50	50	(2) right to issue any type of bond for the purposes
51	51	for which the district is created or to pay the principal of and
52	52	interest on a bond;
53	53	(3) right to impose a tax; or
54	54	(4) legality or operation.
55	55	[Sections 9034.007-9034.050 reserved for expansion]
56	56	SUBCHAPTER B. BOARD OF DIRECTORS
57	57	Sec. 9034.051. GOVERNING BODY; TERMS. (a) The district is
58	58	governed by a board of five elected directors.
59	59	(b) Except as provided by Section 9034.052, directors serve
60	60	staggered four-year terms.
61	61	Sec. 9034.052. TEMPORARY DIRECTORS. (a) The temporary
62	62	board consists of:
63	63	(1) Jay Henry;
64	64	(2) Mark Schindler;
65	65	(3) David Vercellino;
66	66	(4) Chris Sitka; and
67	67	(5) Chrystal Seymour.
68	68	(b) Temporary directors serve until the earlier of:
69	69	(1) the date permanent directors are elected under
70	70	Section 9034.003; or
71	71	(2) the fourth anniversary of the effective date of
72	72	the Act creating this chapter.
73	73	(c) If permanent directors have not been elected under
74	74	Section 9034.003 and the terms of the temporary directors have
75	75	expired, successor temporary directors shall be appointed or
76	76	reappointed as provided by Subsection (d) to serve terms that
77	77	expire on the earlier of:
78	78	(1) the date permanent directors are elected under
79	79	Section 9034.003; or
80	80	(2) the fourth anniversary of the date of the
81	81	appointment or reappointment.
82	82	(d) If Subsection (c) applies, the owner or owners of a
83	83	majority of the assessed value of the real property in the district
84	84	may submit a petition to the Texas Commission on Environmental
85	85	Quality requesting that the commission appoint as successor
86	86	temporary directors the five persons named in the petition. The
87	87	commission shall appoint as successor temporary directors the five
88	88	persons named in the petition.
89	89	[Sections 9034.053-9034.100 reserved for expansion]
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 9034.101. GENERAL POWERS AND DUTIES. The district has
92	92	the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 9034.102. WATER CONTROL AND IMPROVEMENT DISTRICT
95	95	POWERS AND DUTIES. The district has the powers and duties provided
96	96	by the general law of this state, including Chapters 49 and 51,
97	97	Water Code, applicable to water control and improvement districts
98	98	created under Section 59, Article XVI, Texas Constitution.
99	99	Sec. 9034.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain, and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 9034.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	106	road project must meet all applicable construction standards,
107	107	zoning and subdivision requirements, and regulations of each
108	108	municipality in whose corporate limits or extraterritorial
109	109	jurisdiction the road project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards,
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 9034.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	119	OR RESOLUTION. The district shall comply with all applicable
120	120	requirements of any ordinance or resolution that is adopted under
121	121	Section 42.042, Local Government Code, and that consents to the
122	122	creation of the district or to the inclusion of land in the
123	123	district.
124	124	Sec. 9034.106. LIMITATION ON USE OF EMINENT DOMAIN. The
125	125	district may not exercise the power of eminent domain outside the
126	126	district to acquire a site or easement for:
127	127	(1) a road project authorized by Section 9034.103; or
128	128	(2) a recreational facility as defined by Section
129	129	49.462, Water Code.
130	130	Sec. 9034.107. FIRE DEPARTMENTS. (a) The district may
131	131	contract with the City of Richmond to perform firefighting services
132	132	in the district on the same terms that the municipality provides
133	133	firefighting services in the extraterritorial jurisdiction of the
134	134	municipality. The district, with voter approval, may issue bonds
135	135	payable from ad valorem taxes to pay for capital costs required
136	136	under the contract, including:
137	137	(1) the construction and purchase of facilities, land,
138	138	and equipment; and
139	139	(2) the provision of adequate water supply.
140	140	(b) Notwithstanding Sections 49.351(g), (h), and (i), Water
141	141	Code, if the district contracts with the City of Richmond to provide
142	142	firefighting services in the district, the district is not required
143	143	to submit a fire plan to the Texas Commission on Environmental
144	144	Quality for approval.
145	145	[Sections 9034.108-9034.150 reserved for expansion]
146	146	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
147	147	Sec. 9034.151. ELECTIONS REGARDING TAXES OR BONDS.
148	148	(a) The district may issue, without an election, bonds and other
149	149	obligations secured by:
150	150	(1) revenue other than ad valorem taxes; or
151	151	(2) contract payments described by Section 9034.153.
152	152	(b) The district must hold an election in the manner
153	153	provided by Chapters 49 and 51, Water Code, to obtain voter approval
154	154	before the district may impose an ad valorem tax or issue bonds
155	155	payable from ad valorem taxes.
156	156	(c) The district may not issue bonds payable from ad valorem
157	157	taxes to finance a road project unless the issuance is approved by a
158	158	vote of a two-thirds majority of the district voters voting at an
159	159	election held for that purpose.
160	160	Sec. 9034.152. OPERATION AND MAINTENANCE TAX. (a) If
161	161	authorized at an election held under Section 9034.151, the district
162	162	may impose an operation and maintenance tax on taxable property in
163	163	the district in accordance with Section 49.107, Water Code.
164	164	(b) The board shall determine the tax rate. The rate may not
165	165	exceed the rate approved at the election.
166	166	Sec. 9034.153. CONTRACT TAXES. (a) In accordance with
167	167	Section 49.108, Water Code, the district may impose a tax other than
168	168	an operation and maintenance tax and use the revenue derived from
169	169	the tax to make payments under a contract after the provisions of
170	170	the contract have been approved by a majority of the district voters
171	171	voting at an election held for that purpose.
172	172	(b) A contract approved by the district voters may contain a
173	173	provision stating that the contract may be modified or amended by
174	174	the board without further voter approval.
175	175	[Sections 9034.154-9034.200 reserved for expansion]
176	176	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
177	177	Sec. 9034.201. AUTHORITY TO ISSUE BONDS AND OTHER
178	178	OBLIGATIONS. The district may issue bonds or other obligations
179	179	payable wholly or partly from ad valorem taxes, impact fees,
180	180	revenue, contract payments, grants, or other district money, or any
181	181	combination of those sources, to pay for any authorized district
182	182	purpose.
183	183	Sec. 9034.202. TAXES FOR BONDS. At the time the district
184	184	issues bonds payable wholly or partly from ad valorem taxes, the
185	185	board shall provide for the annual imposition of a continuing
186	186	direct ad valorem tax, without limit as to rate or amount, while all
187	187	or part of the bonds are outstanding as required and in the manner
188	188	provided by Section 51.433, Water Code.
189	189	Sec. 9034.203. BONDS FOR ROAD PROJECTS. At the time of
190	190	issuance, the total principal amount of bonds or other obligations
191	191	issued or incurred to finance road projects and payable from ad
192	192	valorem taxes may not exceed one-fourth of the assessed value of the
193	193	real property in the district.
194	194	SECTION 2. The Fort Bend County Water Control and
195	195	Improvement District No. 10 initially includes all the territory
196	196	contained in the following area:
197	197	TRACT 1
198	198	BEING a 150.22 acre tract of land situated in the Knight &
199	199	White League, Abstract Number 46, Fort Bend County, Texas and being
200	200	all of the following tracts of land; a called 42.00 acre tract of
201	201	land described in an instrument filed for record under Fort Bend
202	202	County Clerk's File Number (F.B.C.C.F. No.) 2007072919, a called
203	203	4.248 acre tract of land described in an instrument filed for record
204	204	under F.B.C.C.F. No. 2007151784, a called 103.97 acre tract
205	205	described and recorded under F.B.C.C.F. No. 2007151785, said 150.22
206	206	acre tract of land being more particularly described by metes and
207	207	bounds as follows:
208	208	Bearing orientation is based on the Texas State Plane
209	209	Coordinate System, South Central Zone, NAD83.
210	210	BEGINNING at a 1-inch iron pipe (disturbed) found for the
211	211	northeast corner of said 42.00 acre tract and being in the south
212	212	right-of-way line of Farm-to-Market Road 359 (100-foot width), same
213	213	also being the northwest corner of Landscape Reserve "B" of Grand
214	214	River, a subdivision plat filed for record under Slide Number 1650A
215	215	of the Fort Bend County Plat Records;
216	216	THENCE S 0238'36" E, along the east line of said 42.00 acre
217	217	tract, the west line of said Landscape Reserve "B" and a west line
218	218	of Block 5 of said Grand River, at a distance of 520.70 feet pass a
219	219	5/8-inch iron rod found for the southwest corner of said Landscape
220	220	Reserve "B" and the northwest corner of Lot 1, Block 5 of said Grand
221	221	River, at a distance of 1,127.70 feet pass a 5/8-inch iron rod found
222	222	for the southwest corner of said Lot 1, Block 5 and the northwest
223	223	corner of Lot 2, Block 5 of said Grand River and continuing for a
224	224	total distance of 1,520.14 feet to a 1-inch iron pipe with a cap and
225	225	tack found for the southeast corner of said 42.00 acre tract, same
226	226	being the northeast corner of Lot 10, Block 5 of said Grand River;
227	227	THENCE S 8750'53" W, along the south line of said 42.00 acre
228	228	tract and a north line of said Block 5 of said Grand River, at a
229	229	distance of 153.02 feet pass a 5/8-inch iron rod found for the
230	230	northwest corner of said Lot 10, Block 5 and the northeast corner of
231	231	Lot 11, Block 5 of said Grand River, at a distance of 722.00 feet
232	232	pass a 5/8-inch iron rod found for the northwest corner of said Lot
233	233	11, Block and the northeast corner of Lot 23, Block 5 of said Grand
234	234	River and continuing for a total distance of 1,288.35 feet to a
235	235	1-inch iron pipe with a cap and tack found for the southwest corner
236	236	said called 42.00 acre tract, same being the southeast corner of Lot
237	237	24, Block 5 and the northwest corner of Lot 23, Block 5 of said Grand
238	238	River, same also being in the east right-of-way line of Winner's
239	239	Circle (width varies) as shown on the plat of said Grand River;
240	240	THENCE N 0233'25" W, a distance of 1,011.30 feet along a west
241	241	line of said 42.00 and the east line of Lot 24, Block 5 of said Grand
242	242	River to a 1-inch iron pipe with a cap and tack found for a northwest
243	243	corner of said 42.00 acre tract, the northeast corner of said Lot
244	244	24, Block 5, same also being in the south line of said 4.248 acre
245	245	tract of land;
246	246	THENCE S 8918'56" W, a distance of 397.63 feet along the
247	247	south line of said 4.248 acre tract and a north line of said 42.00
248	248	acre tract and the north line of said Lot 24, Block 5 to a 1 1/4-inch
249	249	iron pipe found for the northwest corner of said Lot 24, Block 5;
250	250	THENCE S 0233'25" E, along the east line of said 103.97 acre
251	251	tract and a west line of Block 5 of said Grand River, at a distance
252	252	of 861.00 feet pass through a 5/8-inch iron rod found for the
253	253	southwest corner of said Lot 24, Block 5 and the northwest corner of
254	254	Lot 25, Block 5 of said Grand River, at a distance of 1,285.05 feet
255	255	pass through a 5/8-inch iron rod found for the southwest corner of
256	256	said Lot 25 and the northwest corner of Lot 26, Block 5 of said Grand
257	257	River and continuing for a total distance of 1,596.28 feet to a
258	258	1-inch iron pipe found for the southeast corner of said 103.97 acre
259	259	tract, same being the southwest corner of said Lot 26, same also
260	260	being in the north line of Lot 27, Block 5 of said Grand River;
261	261	THENCE S 8910'00" W, along the south line of said 103.97 acre
262	262	tract and a north line of said Block 5, at a distance of 839.79 feet
263	263	pass through a 5/8-inch iron rod found for the northwest corner of
264	264	Lot 32, Block 5 and the northeast corner of Lot 33, Block 5 of said
265	265	Grand River, at a distance of 1,099.79 feet pass through a 5/8-inch
266	266	iron rod found for the northwest corner of said Lot 33 and the
267	267	northeast corner of Lot 34, Block 5 of said Grand River, at a
268	268	distance of 2,014.78 feet pass a 5/8-inch iron rod found for the
269	269	northwest corner of said Lot 34, same being in the east right-of-way
270	270	line of McCrary Road (width varies), same also being the northeast
271	271	corner of a 35-foot wide roadway dedication as shown on the plat of
272	272	said Grand River and continuing for a total distance of 2,049.79
273	273	feet to a 5/8-inch iron rod with a cap stamped "Brown & Gay" found
274	274	for the southwest corner of said called 103.97 acre tract, same
275	275	being in the east line of McCrary Road (as occupied, width varies);
276	276	THENCE N 0208'00" W, a distance of 2,134.43 feet along the
277	277	west line of said 103.97 acre tract and the east line of said
278	278	McCrary Road (as occupied, width varies) to a 5/8-inch iron rod with
279	279	a cap stamped "Brown & Gay" found for the northwest corner of said
280	280	called 103.97 acre tract, same being the intersection of the east
281	281	right-of-way line of said McCrary Road with the south right-of-way
282	282	line of Farm-to-Market Road 359 (100-foot width) as described in
283	283	the following instruments of record: Volume 127, Page 521, Volume
284	284	130, Page 20 and Volume 130, Page 178, all of the Fort Bend County
285	285	Deed Records;
286	286	THENCE N 8913'09" E, a distance of 2,703.55 feet along the
287	287	north line of said 103.97 acre tract and said 4.248 acre tract,
288	288	being the south right-of-way line of said Farm-to-Market Road 359
289	289	to a 3/4-inch iron pipe found for the northeast corner of said 4.248
290	290	acre tract and the northwest corner of said 42.00 acre tract;
291	291	THENCE N 8905'34" E, a distance of 1,014.69 feet continuing
292	292	along said south right-of-way line and the north line of said 42.00
293	293	acre tract to the POINT OF BEGINNING and containing 150.22 acres of
294	294	land.
295	295	TRACT 2
296	296	BEING a 1.628 acre tract of land situated in the Randall Jones
297	297	Survey, Abstract Number 42, Fort Bend County, Texas and being all of
298	298	a called 1.4364 acre tract of land described in an instrument filed
299	299	for record under Fort Bend County Clerk's File Number (F.B.C.C.F.
300	300	No.) 2008028142 and a called 0.1928 acre tract described and
301	301	recorded under F.B.C.C.F. No. 2008028143, said 1.628 acre tract of
302	302	land being more particularly described by metes and bounds as
303	303	follows:
304	304	Bearing orientation is based on the Texas State Plane
305	305	Coordinate System, South Central Zone, NAD83.
306	306	BEGINNING at the northeast corner of said 1.4364 acre tract
307	307	and the northwest corner of a called 1.71 acre tract described and
308	308	recorded under F.B.C.C.F. No. 2003174431 and being in the south
309	309	right-of-way line of Farm-to-Market Road 359 (100-foot width),
310	310	THENCE S 0249'28" E, a distance of 148.50 feet along the east
311	311	line of said 1.4364 acre tract and the west line of said 1.71 acre
312	312	tract to the southeast corner of the herein described tract and
313	313	being in the north line of Lot 4, Block 1 of Grand River, a
314	314	subdivision of record as shown on the plat filed for record under
315	315	Slide Number 1650A of the Fort Bend County Plat Records
316	316	THENCE S 8731'27" W, a distance of 458.09 feet along the
317	317	south line of said 1.4364 acre tract and a north line of Block 1 of
318	318	said Grand River to the southwest corner of the herein described
319	319	tract;
320	320	THENCE N 0228'11" W, a distance of 161.51 feet along the west
321	321	line of said 0.1928 acre tract and the east line of Reserve "A" of
322	322	said Grand River to the northwest corner of the herein described
323	323	tract and being in the south right-of-way line of said
324	324	Farm-to-Market Road 359;
325	325	THENCE N 8909'17" E, a distance of 457.36 feet along said
326	326	south right-of-way line to the POINT OF BEGINNING and containing
327	327	1.628 acres of land.
328	328	TRACT 3
329	329	BEING a 2.813 acre tract of land situated in the Randall Jones
330	330	Survey, Abstract Number 42, Fort Bend County, Texas and being all of
331	331	a called 2.6207 acre tract of land described in an instrument filed
332	332	for record under Fort Bend County Clerk's File Number (F.B.C.C.F.
333	333	No.) 2008028142 and a called 0.1937 acre tract described and
334	334	recorded under F.B.C.C.F. No. 2008028143, said 2.813 acre tract of
335	335	land being more particularly described by metes and bounds as
336	336	follows:
337	337	Bearing orientation is based on the Texas State Plane
338	338	Coordinate System, South Central Zone, NAD83.
339	339	BEGINNING at the southeast corner of said 2.6207 acre tract
340	340	and the southwest corner of a called 1.977 acre tract described and
341	341	recorded under F.B.C.C.F. No. 8521110 and being in the north
342	342	right-of-way line of Farm-to-Market Road 359 (100-foot width),
343	343	THENCE S 8909'17" W, a distance of 268.02 feet along the
344	344	north right-of-way line of said Farm-to-Market Road 359 to the
345	345	southwest corner of the herein described tract and the southeast
346	346	corner of a called East 1/2 of 5.57 acre tract described and
347	347	recorded under F.B.C.C.F. No. 2001013676;
348	348	THENCE N 0206'33" W, a distance of 430.59 feet along the west
349	349	line of said 0.1937 acre tract and the east line of said 5.57 acre
350	350	tract to the most westerly northwest corner of the herein described
351	351	tract;
352	352	THENCE S 5407'18" E, a distance of 21.80 feet to an angle
353	353	point being in the west line of said 2.6207 acre tract;
354	354	THENCE N 0249'28" W, a distance of 125.51 feet along the west
355	355	line of said 2.6207 acre tract
356	356	to the most northern northwest corner of the herein described
357	357	tract and being in the centerline of Jones Creek;
358	358	THENCE along the centerline meanders of said Jones Creek the
359	359	following three (3) courses:
360	360	S 5652'58" E, 85.68 feet to an angle point;
361	361	S 6255'35" E, 103.32 feet to an angle point;
362	362	S 5906'36" E, 101.79 feet to the northeast corner of said
363	363	2.6207 acre tract and the northwest corner of said 1.977 acre tract;
364	364	THENCE S 0305'43" E, a distance of 393.40 feet along the line
365	365	common to said 2.6207 acre tract and said 1.977 acre tract to the
366	366	POINT OF BEGINNING and containing 2.813 acres of land.
367	367	SECTION 3. (a) The legal notice of the intention to
368	368	introduce this Act, setting forth the general substance of this
369	369	Act, has been published as provided by law, and the notice and a
370	370	copy of this Act have been furnished to all persons, agencies,
371	371	officials, or entities to which they are required to be furnished
372	372	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
373	373	Government Code.
374	374	(b) The governor, one of the required recipients, has
375	375	submitted the notice and Act to the Texas Commission on
376	376	Environmental Quality.
377	377	(c) The Texas Commission on Environmental Quality has filed
378	378	its recommendations relating to this Act with the governor, the
379	379	lieutenant governor, and the speaker of the house of
380	380	representatives within the required time.
381	381	(d) All requirements of the constitution and laws of this
382	382	state and the rules and procedures of the legislature with respect
383	383	to the notice, introduction, and passage of this Act are fulfilled
384	384	and accomplished.
385	385	SECTION 4. This Act takes effect immediately if it receives
386	386	a vote of two-thirds of all the members elected to each house, as
387	387	provided by Section 39, Article III, Texas Constitution. If this
388	388	Act does not receive the vote necessary for immediate effect, this
389	389	Act takes effect September 1, 2009.
390	390	______________________________ ______________________________
391	391	President of the Senate Speaker of the House
392	392	I hereby certify that S.B. No. 1241 passed the Senate on
393	393	April 23, 2009, by the following vote: Yeas 30, Nays 0.
394	394	______________________________
395	395	Secretary of the Senate
396	396	I hereby certify that S.B. No. 1241 passed the House on
397	397	May 15, 2009, by the following vote: Yeas 143, Nays 1, one present
398	398	not voting.
399	399	______________________________
400	400	Chief Clerk of the House
401	401	Approved:
402	402	______________________________
403	403	Date
404	404	______________________________
405	405	Governor