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Texas Senate Bill SB880

Texas 2009 - 81st Regular

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11 S.B. No. 880
22
33
44 AN ACT
55 relating to the creation of the Fort Bend County Municipal Utility
66 District No. 200; providing authority to impose a tax and issue
77 bonds; granting a limited power of eminent domain.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1010 Code, is amended by adding Chapter 8337 to read as follows:
1111 CHAPTER 8337. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 200
1212 SUBCHAPTER A. GENERAL PROVISIONS
1313 Sec. 8337.001. DEFINITIONS. In this chapter:
1414 (1) "Board" means the district's board of directors.
1515 (2) "Director" means a board member.
1616 (3) "District" means the Fort Bend County Municipal
1717 Utility District No. 200.
1818 Sec. 8337.002. NATURE OF DISTRICT. The district is a
1919 municipal utility district created under Section 59, Article XVI,
2020 Texas Constitution.
2121 Sec. 8337.003. CONFIRMATION AND DIRECTORS' ELECTION
2222 REQUIRED. The temporary directors shall hold an election to
2323 confirm the creation of the district and to elect five permanent
2424 directors as provided by Section 49.102, Water Code.
2525 Sec. 8337.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
2626 (a) The district is created to serve a public purpose and benefit.
2727 (b) The district is created to accomplish the purposes of:
2828 (1) a municipal utility district as provided by
2929 general law and Section 59, Article XVI, Texas Constitution; and
3030 (2) Section 52, Article III, Texas Constitution, that
3131 relate to the construction, acquisition, or improvement of
3232 macadamized, graveled, or paved roads described by Section 54.234,
3333 Water Code, or improvements, including storm drainage, in aid of
3434 those roads.
3535 Sec. 8337.005. INITIAL DISTRICT TERRITORY. (a) The
3636 district is initially composed of the territory described by
3737 Section 2 of the Act creating this chapter.
3838 (b) The boundaries and field notes contained in Section 2 of
3939 the Act creating this chapter form a closure. A mistake made in the
4040 field notes or in copying the field notes in the legislative process
4141 does not affect the district's:
4242 (1) organization, existence, or validity;
4343 (2) right to issue any type of bond for the purposes
4444 for which the district is created or to pay the principal of and
4545 interest on a bond;
4646 (3) right to impose a tax; or
4747 (4) legality or operation.
4848 [Sections 8337.006-8337.050 reserved for expansion]
4949 SUBCHAPTER B. BOARD OF DIRECTORS
5050 Sec. 8337.051. GOVERNING BODY; TERMS. (a) The district is
5151 governed by a board of five elected directors.
5252 (b) Except as provided by Section 8337.052, directors serve
5353 staggered four-year terms.
5454 Sec. 8337.052. TEMPORARY DIRECTORS. (a) The temporary
5555 board consists of:
5656 (1) Alan Lee;
5757 (2) U. L. Edwards;
5858 (3) Danny Wilbanks;
5959 (4) Jim Taylor; and
6060 (5) John West.
6161 (b) Temporary directors serve until the earlier of:
6262 (1) the date permanent directors are elected under
6363 Section 8337.003; or
6464 (2) the fourth anniversary of the effective date of
6565 the Act creating this chapter.
6666 (c) If permanent directors have not been elected under
6767 Section 8337.003 and the terms of the temporary directors have
6868 expired, successor temporary directors shall be appointed or
6969 reappointed as provided by Subsection (d) to serve terms that
7070 expire on the earlier of:
7171 (1) the date permanent directors are elected under
7272 Section 8337.003; or
7373 (2) the fourth anniversary of the date of the
7474 appointment or reappointment.
7575 (d) If Subsection (c) applies, the owner or owners of a
7676 majority of the assessed value of the real property in the district
7777 may submit a petition to the Texas Commission on Environmental
7878 Quality requesting that the commission appoint as successor
7979 temporary directors the five persons named in the petition. The
8080 commission shall appoint as successor temporary directors the five
8181 persons named in the petition.
8282 [Sections 8337.053-8337.100 reserved for expansion]
8383 SUBCHAPTER C. POWERS AND DUTIES
8484 Sec. 8337.101. GENERAL POWERS AND DUTIES. The district has
8585 the powers and duties necessary to accomplish the purposes for
8686 which the district is created.
8787 Sec. 8337.102. MUNICIPAL UTILITY DISTRICT POWERS AND
8888 DUTIES. The district has the powers and duties provided by the
8989 general law of this state, including Chapters 49 and 54, Water Code,
9090 applicable to municipal utility districts created under Section 59,
9191 Article XVI, Texas Constitution.
9292 Sec. 8337.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
9393 Section 52, Article III, Texas Constitution, the district may
9494 design, acquire, construct, finance, issue bonds for, improve, and
9595 convey to this state, a county, or a municipality for operation and
9696 maintenance macadamized, graveled, or paved roads described by
9797 Section 54.234, Water Code, or improvements, including storm
9898 drainage, in aid of those roads.
9999 (b) The district may exercise the powers provided by this
100100 section without submitting a petition to or obtaining approval from
101101 the Texas Commission on Environmental Quality as required by
102102 Section 54.234, Water Code.
103103 Sec. 8337.104. APPROVAL OF ROAD PROJECT. (a) The district
104104 may not undertake a road project authorized by Section 8337.103
105105 unless:
106106 (1) each municipality or county that will operate and
107107 maintain the road has approved the plans and specifications of the
108108 road project, if a municipality or county will operate and maintain
109109 the road; or
110110 (2) the Texas Transportation Commission has approved
111111 the plans and specifications of the road project, if the state will
112112 operate and maintain the road.
113113 (b) Except as provided by Subsection (a), the district is
114114 not required to obtain approval from the Texas Transportation
115115 Commission to design, acquire, construct, finance, issue bonds for,
116116 improve, or convey a road project.
117117 Sec. 8337.105. LIMITATION ON USE OF EMINENT DOMAIN. The
118118 district may not exercise the power of eminent domain outside the
119119 district to acquire a site or easement for:
120120 (1) a road project authorized by Section 8337.103; or
121121 (2) a recreational facility as defined by Section
122122 49.462, Water Code.
123123 [Sections 8337.106-8337.150 reserved for expansion]
124124 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125125 Sec. 8337.151. ELECTIONS REGARDING TAXES OR BONDS.
126126 (a) The district may issue, without an election, bonds and other
127127 obligations secured by:
128128 (1) revenue other than ad valorem taxes; or
129129 (2) contract payments described by Section 8337.153.
130130 (b) The district must hold an election in the manner
131131 provided by Chapters 49 and 54, Water Code, to obtain voter approval
132132 before the district may impose an ad valorem tax or issue bonds
133133 payable from ad valorem taxes.
134134 (c) The district may not issue bonds payable from ad valorem
135135 taxes to finance a road project unless the issuance is approved by a
136136 vote of a two-thirds majority of the district voters voting at an
137137 election held for that purpose.
138138 Sec. 8337.152. OPERATION AND MAINTENANCE TAX. (a) If
139139 authorized at an election held under Section 8337.151, the district
140140 may impose an operation and maintenance tax on taxable property in
141141 the district in accordance with Section 49.107, Water Code.
142142 (b) The board shall determine the tax rate. The rate may not
143143 exceed the rate approved at the election.
144144 Sec. 8337.153. CONTRACT TAXES. (a) In accordance with
145145 Section 49.108, Water Code, the district may impose a tax other than
146146 an operation and maintenance tax and use the revenue derived from
147147 the tax to make payments under a contract after the provisions of
148148 the contract have been approved by a majority of the district voters
149149 voting at an election held for that purpose.
150150 (b) A contract approved by the district voters may contain a
151151 provision stating that the contract may be modified or amended by
152152 the board without further voter approval.
153153 [Sections 8337.154-8337.200 reserved for expansion]
154154 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
155155 Sec. 8337.201. AUTHORITY TO ISSUE BONDS AND OTHER
156156 OBLIGATIONS. The district may issue bonds or other obligations
157157 payable wholly or partly from ad valorem taxes, impact fees,
158158 revenue, contract payments, grants, or other district money, or any
159159 combination of those sources, to pay for any authorized district
160160 purpose.
161161 Sec. 8337.202. TAXES FOR BONDS. At the time the district
162162 issues bonds payable wholly or partly from ad valorem taxes, the
163163 board shall provide for the annual imposition of a continuing
164164 direct ad valorem tax, without limit as to rate or amount, while all
165165 or part of the bonds are outstanding as required and in the manner
166166 provided by Sections 54.601 and 54.602, Water Code.
167167 Sec. 8337.203. BONDS FOR ROAD PROJECTS. At the time of
168168 issuance, the total principal amount of bonds or other obligations
169169 issued or incurred to finance road projects and payable from ad
170170 valorem taxes may not exceed one-fourth of the assessed value of the
171171 real property in the district.
172172 SECTION 2. The Fort Bend County Municipal Utility District
173173 No. 200 initially includes all the territory contained in the
174174 following area:
175175 FIELD NOTES FOR A 65.877 ACRE TRACT OF LAND IN THE WILLIAM
176176 ANDREWS LEAGUE, ABSTRACT 3, AND THE JOHN FOSTER 2-1/2 LEAGUE GRANT,
177177 ABSTRACT 26, FORT BEND COUNTY, TEXAS, SAID 65.877 ACRE TRACT BEING
178178 COMPRISED OF THAT CERTAIN CALLED 7.00 ACRE TRACT RECORDED IN VOLUME
179179 1722, PAGE 589, OFFICIAL RECORDS, FORT BEND COUNTY, TEXAS, THAT
180180 CERTAIN CALLED 28.00 ACRE TRACT RECORDED IN VOLUME 1722, PAGE 574,
181181 OFFICIAL RECORDS, FORT BEND COUNTY, TEXAS, THAT CERTAIN CALLED
182182 26.00 ACRE TRACT RECORDED IN VOLUME 2375, PAGE 1438, OFFICIAL
183183 RECORDS, FORT BEND COUNTY, TEXAS, AND THAT CERTAIN CALLED 5.00 ACRE
184184 TRACT RECORDED IN VOLUME 1543, PAGE 848, OFFICIAL RECORDS, FORT
185185 BEND COUNTY, TEXAS, WITH ALL BEARINGS BASED UPON THE TEXAS
186186 COORDINATE SYSTEM, SOUTH CENTRAL ZONE, NAD83, BASED UPON GPS
187187 OBSERVATIONS OF FORT BEND COUNTY MONUMENT NUMBER FB08.
188188 BEGINNING at a 1/2 inch iron pipe with cap marked "Kalkomey
189189 Surveying" found in the north right-of-way line of F. M. Highway 359
190190 (100-feet wide) for the southeast corner of said called 28.00 acre
191191 tract, same being the southwest corner of an adjoining called
192192 4.5256 acre tract recorded under County Clerk's File Number
193193 1999005944, Official Public Records, Fort Bend County, Texas, for
194194 the lower southeast corner and Place of Beginning of the herein
195195 described tract, said point bears North 69 degrees 07 minutes 59
196196 seconds West, 658.65 feet (called North 66 degrees 53 minutes 39
197197 seconds West, 658.51 feet) from a concrete monument found at the
198198 intersection of the north right-of-way line of F. M. Highway 359
199199 with the west right-of-way line of F. M. Highway 723 (100-feet
200200 wide);
201201 THENCE North 69 degrees 06 minutes 58 seconds West (called
202202 North 66 degrees 53 minutes 39 seconds West) along the south line of
203203 the herein described tract and the south line of said called 28.00
204204 acre tract, same being the north right-of-way line of F. M. Highway
205205 359, 672.77 feet (called 672.80 feet) to a 1/2 inch iron pipe found
206206 on said line for angle point, being the southwest corner of said
207207 called 28.00 acre tract, same being the southeast corner of the
208208 aforementioned called 26.00 acre tract;
209209 THENCE North 68 degrees 55 minutes 26 seconds West (called
210210 North 66 degrees 53 minutes 39 seconds West) along the south line of
211211 the herein described tract, the south line of said called 26.00 acre
212212 tract, and the south line of the aforementioned called 5.00 acre
213213 tract, same being the north right-of-way line of F. M. Highway 359,
214214 668.02 feet to a concrete monument found at the beginning of a curve
215215 to the left;
216216 THENCE along said curve to the left having a central angle of
217217 02 degrees 16 minutes 15 seconds, a radius of 3,870.00 feet, an arc
218218 length of 153.37 feet, and a chord bearing North 69 degrees 55
219219 minutes 17 seconds West, 153.36 feet to a point on said curve for
220220 the southwest corner of the herein described tract and the
221221 southwest corner of said called 5.00 acre tract, same being the
222222 southeast corner of an adjoining called 10.228 acre tract recorded
223223 in Volume 2584, Page 467, Official Records, Fort Bend County,
224224 Texas;
225225 THENCE North 02 degrees 03 minutes 09 seconds West (adjoiner
226226 called North 00 degrees 17 minutes 10 seconds West) along the west
227227 line of the herein described tract and the west line of said called
228228 5.00 acre tract, same being the east line of said adjoining called
229229 10.228 acre tract, at 0.35 feet pass a 1/2 inch iron pipe found in
230230 concrete on said line, and continuing for a total distance of 462.83
231231 feet (adjoiner called 462.4 feet) to an axle found on said line for
232232 angle point;
233233 THENCE North 02 degrees 17 minutes 04 seconds West (adjoiner
234234 called North) continuing along the west line of the herein
235235 described tract and the west line of said called 5.00 acre tract,
236236 and along the west line of the aforementioned called 26.00 acre
237237 tract, same being the east line of said adjoining called 10.228 acre
238238 tract, at 327.68 feet pass a 1/2 inch iron pipe found 2.95 feet left
239239 of said line, and continuing for a total distance of 512.48 feet
240240 (adjoiner called 512.70 feet) to a 1-1/4 inch iron pipe found on
241241 said line for angle point, said point being the northeast corner of
242242 said adjoining called 10.228 acre tract, same being the southeast
243243 corner of an adjoining called 112.617 acre tract recorded in Volume
244244 759, Page 180, Deed Records, Fort Bend County, Texas;
245245 THENCE North 02 degrees 23 minutes 34 seconds West (adjoiner
246246 called North) along the west line of the herein described tract and
247247 the west line of said called 26.00 acre tract, same being the east
248248 line of said adjoining called 112.617 acre tract, at 565.00 feet
249249 pass a 1/2 inch iron pipe with cap marked "Kalkomey Surveying" set
250250 on said line for reference, and continuing for a total distance of
251251 785.90 feet (adjoiner called 760 feet) to a point on the centerline
252252 of Jones Creek for the northwest corner of the herein described
253253 tract and the northwest corner of said called 26.00 acre tract, same
254254 being the northeast corner of said adjoining called 112.617 acre
255255 tract, the southeast corner of an adjoining called 64.28 acre tract
256256 recorded under Probate File Number 16,393, Probate Records, Fort
257257 Bend County, Texas, described in Volume 203, Page 392, Deed
258258 Records, Fort Bend County, Texas, and the southwest corner of an
259259 adjoining called 26.2992 acre tract recorded under County Clerk's
260260 File Number 2004151301, Official Public Records, Fort Bend County,
261261 Texas;
262262 THENCE along the centerline of Jones Creek, being the common
263263 line of the herein described tract and said adjoining called
264264 26.2992 acre tract, with the following meanders:
265265 South 64 degrees 31 minutes 36 seconds East, 280.44
266266 feet;
267267 South 76 degrees 15 minutes 19 seconds East, 149.11
268268 feet;
269269 North 88 degrees 53 minutes 35 seconds East, 340.35
270270 feet;
271271 South 81 degrees 11 minutes 21 seconds East, 613.46
272272 feet;
273273 South 75 degrees 31 minutes 44 seconds East, 38.64 feet
274274 to a point for the upper northeast corner of the herein described
275275 tract and the northeast corner of the aforementioned called 28.00
276276 acre tract, same being the northwest corner of an adjoining called
277277 6.00 acre tract recorded under Probate File Number 15,316, Probate
278278 Records, Fort Bend County, Texas, described in Volume 1291, Page
279279 289, Official Records, Fort Bend County, Texas;
280280 THENCE South 02 degrees 23 minutes 02 seconds East (adjoiner
281281 called South 00 degrees 09 minutes 07 seconds East) along the common
282282 line of the herein described tract and said adjoining called 6.00
283283 acre tract, at 170.05 feet pass a 1/2 inch iron pipe found on said
284284 line for reference, and continuing for a total distance of 431.86
285285 feet (adjoiner called 431.93 feet) to a 1/2 inch iron pipe found for
286286 a reentry corner to the herein described tract, same being the
287287 southwest corner of said adjoining called 6.00 acre tract, and
288288 being the northwest corner of the aforementioned called 7.00 acre
289289 tract;
290290 THENCE South 76 degrees 29 minutes 28 seconds East (called
291291 South 74 degrees 17 minutes 23 seconds East) continuing along said
292292 common line, 632.36 feet (called 632.52 feet) to a 1/2 inch iron
293293 pipe found in the west right-of-way line of F. M. Highway 723 for
294294 the lower northeast corner of the herein described tract and the
295295 northeast corner of said called 7.00 acre tract, same being the
296296 southeast corner of said adjoining called 6.00 acre tract;
297297 THENCE South 02 degrees 16 minutes 54 seconds East (called
298298 South 00 degrees 02 minutes 09 seconds East) along the most easterly
299299 east line of the herein described tract and the east line of said
300300 called 7.00 acre tract, same being the west right-of-way line of F.
301301 M. Highway 723, 543.27 feet (called 543.35 feet) to a 1/2 inch iron
302302 pipe found for the upper southeast corner of the herein described
303303 tract and the southeast corner of said called 7.00 acre tract, same
304304 being the northeast corner of an adjoining called 5.236 acre tract
305305 recorded under County Clerk's File Number 2006017382, Official
306306 Public Records, Fort Bend County, Texas;
307307 THENCE North 69 degrees 21 minutes 26 seconds West (called
308308 North 67 degrees 14 minutes 09 seconds West) along the common line
309309 of the herein described tract and said adjoining called 5.236 acre
310310 tract, 659.41 feet (called 659.37 feet) to a 1/2 inch iron pipe with
311311 cap marked "Kalkomey Surveying" found for a reentry corner to the
312312 herein described tract, being the southwest corner of said called
313313 7.00 acre tract, same being the northwest corner of said adjoining
314314 called 5.236 acre tract, and being in the east line of the
315315 aforementioned called 28.00 acre tract;
316316 THENCE South 02 degrees 16 minutes 32 seconds East (adjoiner
317317 called South 00 degrees 09 minutes 07 seconds East) continuing
318318 along said common line, 377.92 feet (adjoiner called 377.90 feet)
319319 to a 1/2 inch iron pipe with cap marked "Kalkomey Surveying" found
320320 on said line for angle point, said point being the upper southwest
321321 corner of said adjoining called 5.236 acre tract, same being the
322322 northwest corner of the aforementioned adjoining called 4.5256 acre
323323 tract;
324324 THENCE South 02 degrees 19 minutes 53 seconds East (adjoiner
325325 called South 00 degrees 09 minutes 07 seconds East) along the lower
326326 east line of the herein described tract and the east line of said
327327 called 28.00 acre tract, same being the west line of said adjoining
328328 called 4.5256 acre tract, at 341.30 feet pass a 1/2 inch iron pipe
329329 found on said line, and continuing for a total distance of 772.86
330330 feet (adjoiner called 771.90 feet) to the Place of Beginning and
331331 containing 65.877 acres of land, more or less.
332332 SECTION 3. (a) The legal notice of the intention to
333333 introduce this Act, setting forth the general substance of this
334334 Act, has been published as provided by law, and the notice and a
335335 copy of this Act have been furnished to all persons, agencies,
336336 officials, or entities to which they are required to be furnished
337337 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
338338 Government Code.
339339 (b) The governor, one of the required recipients, has
340340 submitted the notice and Act to the Texas Commission on
341341 Environmental Quality.
342342 (c) The Texas Commission on Environmental Quality has filed
343343 its recommendations relating to this Act with the governor, the
344344 lieutenant governor, and the speaker of the house of
345345 representatives within the required time.
346346 (d) All requirements of the constitution and laws of this
347347 state and the rules and procedures of the legislature with respect
348348 to the notice, introduction, and passage of this Act are fulfilled
349349 and accomplished.
350350 SECTION 4. This Act takes effect immediately if it receives
351351 a vote of two-thirds of all the members elected to each house, as
352352 provided by Section 39, Article III, Texas Constitution. If this
353353 Act does not receive the vote necessary for immediate effect, this
354354 Act takes effect September 1, 2009.
355355 ______________________________ ______________________________
356356 President of the Senate Speaker of the House
357357 I hereby certify that S.B. No. 880 passed the Senate on
358358 May 12, 2009, by the following vote: Yeas 31, Nays 0.
359359 ______________________________
360360 Secretary of the Senate
361361 I hereby certify that S.B. No. 880 passed the House on
362362 May 25, 2009, by the following vote: Yeas 144, Nays 0, one
363363 present not voting.
364364 ______________________________
365365 Chief Clerk of the House
366366 Approved:
367367 ______________________________
368368 Date
369369 ______________________________
370370 Governor