S.B. No. 1241
AN ACT
relating to the creation of the Fort Bend County Water Control and
Improvement District No. 10; 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 I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9034 to read as follows:
CHAPTER 9034. FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 10
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9034.001. 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 Water
Control and Improvement District No. 10.
Sec. 9034.002. NATURE OF DISTRICT. The district is a water
control and improvement district created under Section 59, Article
XVI, Texas Constitution.
Sec. 9034.003. 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. 9034.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 9034.003
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. 9034.005. 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 water control and improvement 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. 9034.006. 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 9034.007-9034.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9034.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 9034.052, directors serve
staggered four-year terms.
Sec. 9034.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Jay Henry;
(2) Mark Schindler;
(3) David Vercellino;
(4) Chris Sitka; and
(5) Chrystal Seymour.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 9034.003; 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 9034.003 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 9034.003; 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 Texas Commission on Environmental
Quality 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 9034.053-9034.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9034.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 9034.102. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS AND DUTIES. The district has the powers and duties provided
by the general law of this state, including Chapters 49 and 51,
Water Code, applicable to water control and improvement districts
created under Section 59, Article XVI, Texas Constitution.
Sec. 9034.103. 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. 9034.104. 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. 9034.105. 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 42.042, Local Government Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Sec. 9034.106. 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 9034.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
Sec. 9034.107. FIRE DEPARTMENTS. (a) The district may
contract with the City of Richmond to perform firefighting services
in the district on the same terms that the municipality provides
firefighting services in the extraterritorial jurisdiction of the
municipality. The district, with voter approval, may issue bonds
payable from ad valorem taxes to pay for capital costs required
under the contract, including:
(1) the construction and purchase of facilities, land,
and equipment; and
(2) the provision of adequate water supply.
(b) Notwithstanding Sections 49.351(g), (h), and (i), Water
Code, if the district contracts with the City of Richmond to provide
firefighting services in the district, the district is not required
to submit a fire plan to the Texas Commission on Environmental
Quality for approval.
[Sections 9034.108-9034.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9034.151. 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 9034.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 51, 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. 9034.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 9034.151, 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. 9034.153. 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 9034.154-9034.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 9034.201. 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. 9034.202. 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 Section 51.433, Water Code.
Sec. 9034.203. 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 Water Control and
Improvement District No. 10 initially includes all the territory
contained in the following area:
TRACT 1
BEING a 150.22 acre tract of land situated in the Knight &
White League, Abstract Number 46, Fort Bend County, Texas and being
all of the following tracts of land; a called 42.00 acre tract of
land described in an instrument filed for record under Fort Bend
County Clerk's File Number (F.B.C.C.F. No.) 2007072919, a called
4.248 acre tract of land described in an instrument filed for record
under F.B.C.C.F. No. 2007151784, a called 103.97 acre tract
described and recorded under F.B.C.C.F. No. 2007151785, said 150.22
acre tract of land being more particularly described by metes and
bounds as follows:
Bearing orientation is based on the Texas State Plane
Coordinate System, South Central Zone, NAD83.
BEGINNING at a 1-inch iron pipe (disturbed) found for the
northeast corner of said 42.00 acre tract and being in the south
right-of-way line of Farm-to-Market Road 359 (100-foot width), same
also being the northwest corner of Landscape Reserve "B" of Grand
River, a subdivision plat filed for record under Slide Number 1650A
of the Fort Bend County Plat Records;
THENCE S 0238'36" E, along the east line of said 42.00 acre
tract, the west line of said Landscape Reserve "B" and a west line
of Block 5 of said Grand River, at a distance of 520.70 feet pass a
5/8-inch iron rod found for the southwest corner of said Landscape
Reserve "B" and the northwest corner of Lot 1, Block 5 of said Grand
River, at a distance of 1,127.70 feet pass a 5/8-inch iron rod found
for the southwest corner of said Lot 1, Block 5 and the northwest
corner of Lot 2, Block 5 of said Grand River and continuing for a
total distance of 1,520.14 feet to a 1-inch iron pipe with a cap and
tack found for the southeast corner of said 42.00 acre tract, same
being the northeast corner of Lot 10, Block 5 of said Grand River;
THENCE S 8750'53" W, along the south line of said 42.00 acre
tract and a north line of said Block 5 of said Grand River, at a
distance of 153.02 feet pass a 5/8-inch iron rod found for the
northwest corner of said Lot 10, Block 5 and the northeast corner of
Lot 11, Block 5 of said Grand River, at a distance of 722.00 feet
pass a 5/8-inch iron rod found for the northwest corner of said Lot
11, Block and the northeast corner of Lot 23, Block 5 of said Grand
River and continuing for a total distance of 1,288.35 feet to a
1-inch iron pipe with a cap and tack found for the southwest corner
said called 42.00 acre tract, same being the southeast corner of Lot
24, Block 5 and the northwest corner of Lot 23, Block 5 of said Grand
River, same also being in the east right-of-way line of Winner's
Circle (width varies) as shown on the plat of said Grand River;
THENCE N 0233'25" W, a distance of 1,011.30 feet along a west
line of said 42.00 and the east line of Lot 24, Block 5 of said Grand
River to a 1-inch iron pipe with a cap and tack found for a northwest
corner of said 42.00 acre tract, the northeast corner of said Lot
24, Block 5, same also being in the south line of said 4.248 acre
tract of land;
THENCE S 8918'56" W, a distance of 397.63 feet along the
south line of said 4.248 acre tract and a north line of said 42.00
acre tract and the north line of said Lot 24, Block 5 to a 1 1/4-inch
iron pipe found for the northwest corner of said Lot 24, Block 5;
THENCE S 0233'25" E, along the east line of said 103.97 acre
tract and a west line of Block 5 of said Grand River, at a distance
of 861.00 feet pass through a 5/8-inch iron rod found for the
southwest corner of said Lot 24, Block 5 and the northwest corner of
Lot 25, Block 5 of said Grand River, at a distance of 1,285.05 feet
pass through a 5/8-inch iron rod found for the southwest corner of
said Lot 25 and the northwest corner of Lot 26, Block 5 of said Grand
River and continuing for a total distance of 1,596.28 feet to a
1-inch iron pipe found for the southeast corner of said 103.97 acre
tract, same being the southwest corner of said Lot 26, same also
being in the north line of Lot 27, Block 5 of said Grand River;
THENCE S 8910'00" W, along the south line of said 103.97 acre
tract and a north line of said Block 5, at a distance of 839.79 feet
pass through a 5/8-inch iron rod found for the northwest corner of
Lot 32, Block 5 and the northeast corner of Lot 33, Block 5 of said
Grand River, at a distance of 1,099.79 feet pass through a 5/8-inch
iron rod found for the northwest corner of said Lot 33 and the
northeast corner of Lot 34, Block 5 of said Grand River, at a
distance of 2,014.78 feet pass a 5/8-inch iron rod found for the
northwest corner of said Lot 34, same being in the east right-of-way
line of McCrary Road (width varies), same also being the northeast
corner of a 35-foot wide roadway dedication as shown on the plat of
said Grand River and continuing for a total distance of 2,049.79
feet to a 5/8-inch iron rod with a cap stamped "Brown & Gay" found
for the southwest corner of said called 103.97 acre tract, same
being in the east line of McCrary Road (as occupied, width varies);
THENCE N 0208'00" W, a distance of 2,134.43 feet along the
west line of said 103.97 acre tract and the east line of said
McCrary Road (as occupied, width varies) to a 5/8-inch iron rod with
a cap stamped "Brown & Gay" found for the northwest corner of said
called 103.97 acre tract, same being the intersection of the east
right-of-way line of said McCrary Road with the south right-of-way
line of Farm-to-Market Road 359 (100-foot width) as described in
the following instruments of record: Volume 127, Page 521, Volume
130, Page 20 and Volume 130, Page 178, all of the Fort Bend County
Deed Records;
THENCE N 8913'09" E, a distance of 2,703.55 feet along the
north line of said 103.97 acre tract and said 4.248 acre tract,
being the south right-of-way line of said Farm-to-Market Road 359
to a 3/4-inch iron pipe found for the northeast corner of said 4.248
acre tract and the northwest corner of said 42.00 acre tract;
THENCE N 8905'34" E, a distance of 1,014.69 feet continuing
along said south right-of-way line and the north line of said 42.00
acre tract to the POINT OF BEGINNING and containing 150.22 acres of
land.
TRACT 2
BEING a 1.628 acre tract of land situated in the Randall Jones
Survey, Abstract Number 42, Fort Bend County, Texas and being all of
a called 1.4364 acre tract of land described in an instrument filed
for record under Fort Bend County Clerk's File Number (F.B.C.C.F.
No.) 2008028142 and a called 0.1928 acre tract described and
recorded under F.B.C.C.F. No. 2008028143, said 1.628 acre tract of
land being more particularly described by metes and bounds as
follows:
Bearing orientation is based on the Texas State Plane
Coordinate System, South Central Zone, NAD83.
BEGINNING at the northeast corner of said 1.4364 acre tract
and the northwest corner of a called 1.71 acre tract described and
recorded under F.B.C.C.F. No. 2003174431 and being in the south
right-of-way line of Farm-to-Market Road 359 (100-foot width),
THENCE S 0249'28" E, a distance of 148.50 feet along the east
line of said 1.4364 acre tract and the west line of said 1.71 acre
tract to the southeast corner of the herein described tract and
being in the north line of Lot 4, Block 1 of Grand River, a
subdivision of record as shown on the plat filed for record under
Slide Number 1650A of the Fort Bend County Plat Records
THENCE S 8731'27" W, a distance of 458.09 feet along the
south line of said 1.4364 acre tract and a north line of Block 1 of
said Grand River to the southwest corner of the herein described
tract;
THENCE N 0228'11" W, a distance of 161.51 feet along the west
line of said 0.1928 acre tract and the east line of Reserve "A" of
said Grand River to the northwest corner of the herein described
tract and being in the south right-of-way line of said
Farm-to-Market Road 359;
THENCE N 8909'17" E, a distance of 457.36 feet along said
south right-of-way line to the POINT OF BEGINNING and containing
1.628 acres of land.
TRACT 3
BEING a 2.813 acre tract of land situated in the Randall Jones
Survey, Abstract Number 42, Fort Bend County, Texas and being all of
a called 2.6207 acre tract of land described in an instrument filed
for record under Fort Bend County Clerk's File Number (F.B.C.C.F.
No.) 2008028142 and a called 0.1937 acre tract described and
recorded under F.B.C.C.F. No. 2008028143, said 2.813 acre tract of
land being more particularly described by metes and bounds as
follows:
Bearing orientation is based on the Texas State Plane
Coordinate System, South Central Zone, NAD83.
BEGINNING at the southeast corner of said 2.6207 acre tract
and the southwest corner of a called 1.977 acre tract described and
recorded under F.B.C.C.F. No. 8521110 and being in the north
right-of-way line of Farm-to-Market Road 359 (100-foot width),
THENCE S 8909'17" W, a distance of 268.02 feet along the
north right-of-way line of said Farm-to-Market Road 359 to the
southwest corner of the herein described tract and the southeast
corner of a called East 1/2 of 5.57 acre tract described and
recorded under F.B.C.C.F. No. 2001013676;
THENCE N 0206'33" W, a distance of 430.59 feet along the west
line of said 0.1937 acre tract and the east line of said 5.57 acre
tract to the most westerly northwest corner of the herein described
tract;
THENCE S 5407'18" E, a distance of 21.80 feet to an angle
point being in the west line of said 2.6207 acre tract;
THENCE N 0249'28" W, a distance of 125.51 feet along the west
line of said 2.6207 acre tract
to the most northern northwest corner of the herein described
tract and being in the centerline of Jones Creek;
THENCE along the centerline meanders of said Jones Creek the
following three (3) courses:
S 5652'58" E, 85.68 feet to an angle point;
S 6255'35" E, 103.32 feet to an angle point;
S 5906'36" E, 101.79 feet to the northeast corner of said
2.6207 acre tract and the northwest corner of said 1.977 acre tract;
THENCE S 0305'43" E, a distance of 393.40 feet along the line
common to said 2.6207 acre tract and said 1.977 acre tract to the
POINT OF BEGINNING and containing 2.813 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1241 passed the Senate on
April 23, 2009, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1241 passed the House on
May 15, 2009, by the following vote: Yeas 143, Nays 1, one present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor