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Texas Senate Bill SB1064

Texas 2013 - 83rd Regular

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11 By: Hegar S.B. No. 1064
22 (Zerwas)
33
44
55 A BILL TO BE ENTITLED
66 relating to the creation of the Fort Bend County Municipal Utility
77 District No. 208; providing authority to impose a tax and issue
88 bonds; granting a limited power of eminent domain.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1111 Code, is amended by adding Chapter 8456 to read as follows:
1212 CHAPTER 8456. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 208
1313 SUBCHAPTER A. GENERAL PROVISIONS
1414 Sec. 8456.001. DEFINITIONS. In this chapter:
1515 (1) "Board" means the district's board of directors.
1616 (2) "Commission" means the Texas Commission on
1717 Environmental Quality.
1818 (3) "Director" means a board member.
1919 (4) "District" means the Fort Bend County Municipal
2020 Utility District No. 208.
2121 Sec. 8456.002. NATURE OF DISTRICT. The district is a
2222 municipal utility district created under Section 59, Article XVI,
2323 Texas Constitution.
2424 Sec. 8456.003. CONFIRMATION AND DIRECTORS' ELECTION
2525 REQUIRED. The temporary directors shall hold an election to
2626 confirm the creation of the district and to elect five permanent
2727 directors as provided by Section 49.102, Water Code.
2828 Sec. 8456.004. CONSENT OF MUNICIPALITY REQUIRED. The
2929 temporary directors may not hold an election under Section 8456.003
3030 until each municipality in whose corporate limits or
3131 extraterritorial jurisdiction the district is located has
3232 consented by ordinance or resolution to the creation of the
3333 district and to the inclusion of land in the district.
3434 Sec. 8456.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3535 (a) The district is created to serve a public purpose and benefit.
3636 (b) The district is created to accomplish the purposes of:
3737 (1) a municipal utility district as provided by
3838 general law and Section 59, Article XVI, Texas Constitution; and
3939 (2) Section 52, Article III, Texas Constitution, that
4040 relate to the construction, acquisition, improvement, operation,
4141 or maintenance of macadamized, graveled, or paved roads, or
4242 improvements, including storm drainage, in aid of those roads.
4343 Sec. 8456.006. INITIAL DISTRICT TERRITORY. (a) The
4444 district is initially composed of the territory described by
4545 Section 2 of the Act enacting this chapter.
4646 (b) The boundaries and field notes contained in Section 2 of
4747 the Act enacting this chapter form a closure. A mistake made in the
4848 field notes or in copying the field notes in the legislative process
4949 does not affect the district's:
5050 (1) organization, existence, or validity;
5151 (2) right to issue any type of bond for the purposes
5252 for which the district is created or to pay the principal of and
5353 interest on a bond;
5454 (3) right to impose a tax; or
5555 (4) legality or operation.
5656 SUBCHAPTER B. BOARD OF DIRECTORS
5757 Sec. 8456.051. GOVERNING BODY; TERMS. (a) The district is
5858 governed by a board of five elected directors.
5959 (b) Except as provided by Section 8456.052, directors serve
6060 staggered four-year terms.
6161 Sec. 8456.052. TEMPORARY DIRECTORS. (a) On or after the
6262 effective date of the Act enacting this chapter, the owner or owners
6363 of a majority of the assessed value of the real property in the
6464 district may submit a petition to the commission requesting that
6565 the commission appoint as temporary directors the five persons
6666 named in the petition. The commission shall appoint as temporary
6767 directors the five persons named in the petition.
6868 (b) Temporary directors serve until the earlier of:
6969 (1) the date permanent directors are elected under
7070 Section 8456.003; or
7171 (2) the fourth anniversary of the effective date of
7272 the Act enacting this chapter.
7373 (c) If permanent directors have not been elected under
7474 Section 8456.003 and the terms of the temporary directors have
7575 expired, successor temporary directors shall be appointed or
7676 reappointed as provided by Subsection (d) to serve terms that
7777 expire on the earlier of:
7878 (1) the date permanent directors are elected under
7979 Section 8456.003; or
8080 (2) the fourth anniversary of the date of the
8181 appointment or reappointment.
8282 (d) If Subsection (c) applies, the owner or owners of a
8383 majority of the assessed value of the real property in the district
8484 may submit a petition to the commission requesting that the
8585 commission appoint as successor temporary directors the five
8686 persons named in the petition. The commission shall appoint as
8787 successor temporary directors the five persons named in the
8888 petition.
8989 SUBCHAPTER C. POWERS AND DUTIES
9090 Sec. 8456.101. GENERAL POWERS AND DUTIES. The district has
9191 the powers and duties necessary to accomplish the purposes for
9292 which the district is created.
9393 Sec. 8456.102. MUNICIPAL UTILITY DISTRICT POWERS AND
9494 DUTIES. The district has the powers and duties provided by the
9595 general law of this state, including Chapters 49 and 54, Water Code,
9696 applicable to municipal utility districts created under Section 59,
9797 Article XVI, Texas Constitution.
9898 Sec. 8456.103. AUTHORITY FOR ROAD PROJECTS. Under Section
9999 52, Article III, Texas Constitution, the district may design,
100100 acquire, construct, finance, issue bonds for, improve, operate,
101101 maintain, and convey to this state, a county, or a municipality for
102102 operation and maintenance macadamized, graveled, or paved roads, or
103103 improvements, including storm drainage, in aid of those roads.
104104 Sec. 8456.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
105105 road project must meet all applicable construction standards,
106106 zoning and subdivision requirements, and regulations of each
107107 municipality in whose corporate limits or extraterritorial
108108 jurisdiction the road project is located.
109109 (b) If a road project is not located in the corporate limits
110110 or extraterritorial jurisdiction of a municipality, the road
111111 project must meet all applicable construction standards,
112112 subdivision requirements, and regulations of each county in which
113113 the road project is located.
114114 (c) If the state will maintain and operate the road, the
115115 Texas Transportation Commission must approve the plans and
116116 specifications of the road project.
117117 Sec. 8456.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
118118 OR RESOLUTION. The district shall comply with all applicable
119119 requirements of any ordinance or resolution that is adopted under
120120 Section 54.016 or 54.0165, Water Code, and that consents to the
121121 creation of the district or to the inclusion of land in the
122122 district.
123123 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124124 Sec. 8456.151. ELECTIONS REGARDING TAXES OR BONDS.
125125 (a) The district may issue, without an election, bonds and other
126126 obligations secured by:
127127 (1) revenue other than ad valorem taxes; or
128128 (2) contract payments described by Section 8456.153.
129129 (b) The district must hold an election in the manner
130130 provided by Chapters 49 and 54, Water Code, to obtain voter approval
131131 before the district may impose an ad valorem tax or issue bonds
132132 payable from ad valorem taxes.
133133 (c) The district may not issue bonds payable from ad valorem
134134 taxes to finance a road project unless the issuance is approved by a
135135 vote of a two-thirds majority of the district voters voting at an
136136 election held for that purpose.
137137 Sec. 8456.152. OPERATION AND MAINTENANCE TAX. (a) If
138138 authorized at an election held under Section 8456.151, the district
139139 may impose an operation and maintenance tax on taxable property in
140140 the district in accordance with Section 49.107, Water Code.
141141 (b) The board shall determine the tax rate. The rate may not
142142 exceed the rate approved at the election.
143143 Sec. 8456.153. CONTRACT TAXES. (a) In accordance with
144144 Section 49.108, Water Code, the district may impose a tax other than
145145 an operation and maintenance tax and use the revenue derived from
146146 the tax to make payments under a contract after the provisions of
147147 the contract have been approved by a majority of the district voters
148148 voting at an election held for that purpose.
149149 (b) A contract approved by the district voters may contain a
150150 provision stating that the contract may be modified or amended by
151151 the board without further voter approval.
152152 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
153153 Sec. 8456.201. AUTHORITY TO ISSUE BONDS AND OTHER
154154 OBLIGATIONS. The district may issue bonds or other obligations
155155 payable wholly or partly from ad valorem taxes, impact fees,
156156 revenue, contract payments, grants, or other district money, or any
157157 combination of those sources, to pay for any authorized district
158158 purpose.
159159 Sec. 8456.202. TAXES FOR BONDS. At the time the district
160160 issues bonds payable wholly or partly from ad valorem taxes, the
161161 board shall provide for the annual imposition of a continuing
162162 direct ad valorem tax, without limit as to rate or amount, while all
163163 or part of the bonds are outstanding as required and in the manner
164164 provided by Sections 54.601 and 54.602, Water Code.
165165 Sec. 8456.203. BONDS FOR ROAD PROJECTS. At the time of
166166 issuance, the total principal amount of bonds or other obligations
167167 issued or incurred to finance road projects and payable from ad
168168 valorem taxes may not exceed one-fourth of the assessed value of the
169169 real property in the district.
170170 SECTION 2. The Fort Bend County Municipal Utility District
171171 No. 208 initially includes all the territory contained in the
172172 following area:
173173 BEING a 366.89 acre tract of land situated in the John Foster
174174 2-1/2 League Grant, Abstract No. 26 of Fort Bend County, Texas and
175175 being part of a called 3063.45 acre tract of land described as First
176176 Tract in a conveyance to Foster Farms, Inc. recorded in Volume 362,
177177 Page 549 of the Fort Bend County Deed Records (F.B.C.D.R.), said
178178 366.89 acre tract of land described by metes and bounds as follows:
179179 BEGINNING at the most northerly northwest corner of said
180180 3063.45 acre tract and the northwest corner of said 3063.45 acre
181181 tract and the northeast corner of a called 339.63 acre tract
182182 described and recorded in Volume 349, Page 524 of the F.B.C.D.R.;
183183 THENCE, S 89° 43' 00" E, a distance of 1,834.00 feet to the
184184 most northerly northeast corner of said 3063.45 acre tract and
185185 being in the western right-of-way line of Winner-Foster Road (Width
186186 Varies);
187187 THENCE, along the western and northern right-of-way lines of
188188 said Winner-Foster Road the following courses and distances:
189189 S 00° 12' 10" W, a distance of 1,613.96 feet to a point
190190 for corner;
191191 S 00° 23' 10" W, a distance of 2,431.50 feet to a point
192192 for corner;
193193 S 12° 46' 40" W, a distance of 62.54 feet to a point for
194194 corner;
195195 S 02° 56' 10" W, a distance of 213.03 feet to a point for
196196 corner;
197197 S 00° 09' 30" E, a distance of 2,657.90 feet to a point
198198 for corner;
199199 S 00° 06' 10" W, a distance of 1,724.00 feet to a point
200200 for corner;
201201 S 38° 17' 20" W, a distance of 113.10 feet to a point for
202202 corner;
203203 S 62° 30' 20" W, a distance of 129.60 feet to a point for
204204 corner;
205205 S 83° 57' 20" W, a distance of 212.00 feet to a point for
206206 corner;
207207 S 89° 31' 20" W, a distance of 2,950.10 feet to a point
208208 for corner;
209209 S 74° 57' 20" W, a distance of 143.87 feet to a point for
210210 corner;
211211 THENCE, N 44° 48' 40" W, a distance of 107.15 feet to a point
212212 for corner and being in the line common to said 3063.45 acre tract
213213 and a called 339.63 acre tract described and recorded in Volume 349,
214214 Page 524 of the F.B.C.D.R.;
215215 THENCE, along the lines common to said 3063.45 acre tract and
216216 said 339.63 acre tract the following courses and distances:
217217 N 48° 44' 00" E, a distance of 247.46 feet to a point for
218218 corner;
219219 SOUTH, a distance of 54.85 feet to a point for corner;
220220 N 48° 44' 00" E, a distance of 37.99 feet to a point for
221221 corner;
222222 N 72° 44' 20" E, a distance of 277.48 feet to a point for
223223 corner;
224224 N 63° 43' 20" E, a distance of 114.44 feet to a point for
225225 corner;
226226 N 54° 03' 20" E, a distance of 145.76 feet to a point for
227227 corner;
228228 N 43° 36' 20" E, a distance of 706.04 feet to a point for
229229 corner;
230230 N 42° 01' 20" E, a distance of 285.46 feet to a point for
231231 corner;
232232 N 34° 49' 20" E, a distance of 345.87 feet to a point for
233233 corner;
234234 N 30° 43' 15" E, a distance of 402.71 feet to a point for
235235 corner;
236236 N 00° 06' 00" W, a distance of 80.27 feet to the most
237237 southern corner of a called 27.66 acre tract described and
238238 recorded under Fort Bend County Clerk's File Number
239239 (F.B.C.C.F. No.) 2005020109;
240240 THENCE, along the eastern and northern lines of said 27.66
241241 acre tract the following courses and distances:
242242 N 28° 53' 21" E, a distance of 59.08 feet to a point for
243243 corner;
244244 N 23° 57' 27" E, a distance of 299.97 feet to a point for
245245 corner;
246246 N 16° 15' 51" E, a distance of 331.81 feet to a point for
247247 corner;
248248 N 19° 01' 38" E, a distance of 580.70 feet to a point for
249249 corner;
250250 N 44° 58' 18" E, a distance of 189.22 feet to a point for
251251 corner;
252252 N 66° 56' 01" E, a distance of 188.69 feet to a point for
253253 corner;
254254 N 77° 44' 37" E, a distance of 323.41 feet to a point for
255255 corner;
256256 N 81° 28' 55" E, a distance of 55.99 feet to a point for
257257 corner;
258258 N 12° 18' 48" W, a distance of 107.20 feet to a point for
259259 corner;
260260 N 07° 07' 38" E, a distance of 117.89 feet to a point for
261261 corner;
262262 N 15° 08' 03" W, a distance of 58.15 feet to a point for
263263 corner;
264264 N 25° 50' 24" W, a distance of 58.30 feet to a point for
265265 corner;
266266 N 34° 49' 05" W, a distance of 274.94 feet to a point for
267267 corner;
268268 N 38° 03' 02" W, a distance of 118.88 feet to a point for
269269 corner;
270270 N 16° 17' 08" W, a distance of 54.86 feet to a point for
271271 corner;
272272 N 03° 12' 23" E, a distance of 7.00 feet to a point for
273273 corner;
274274 N 86° 00' 03" W, a distance of 239.04 feet to an angle
275275 point;
276276 N 84° 46' 54" W, a distance of 585.18 feet to a point for
277277 corner;
278278 THENCE, N 00° 06' 00" W, a distance of 4,823.96 feet to the
279279 POINT OF BEGINNING and containing 366.89 acres of land.
280280 SECTION 3. (a) The legal notice of the intention to
281281 introduce this Act, setting forth the general substance of this
282282 Act, has been published as provided by law, and the notice and a
283283 copy of this Act have been furnished to all persons, agencies,
284284 officials, or entities to which they are required to be furnished
285285 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
286286 Government Code.
287287 (b) The governor, one of the required recipients, has
288288 submitted the notice and Act to the Texas Commission on
289289 Environmental Quality.
290290 (c) The Texas Commission on Environmental Quality has filed
291291 its recommendations relating to this Act with the governor, the
292292 lieutenant governor, and the speaker of the house of
293293 representatives within the required time.
294294 (d) All requirements of the constitution and laws of this
295295 state and the rules and procedures of the legislature with respect
296296 to the notice, introduction, and passage of this Act are fulfilled
297297 and accomplished.
298298 SECTION 4. (a) If this Act does not receive a two-thirds
299299 vote of all the members elected to each house, Subchapter C, Chapter
300300 8456, Special District Local Laws Code, as added by Section 1 of
301301 this Act, is amended by adding Section 8456.106 to read as follows:
302302 Sec. 8456.106. NO EMINENT DOMAIN POWER. The district may
303303 not exercise the power of eminent domain.
304304 (b) This section is not intended to be an expression of a
305305 legislative interpretation of the requirements of Subsection (c),
306306 Section 17, Article I, Texas Constitution.
307307 SECTION 5. This Act takes effect immediately if it receives
308308 a vote of two-thirds of all the members elected to each house, as
309309 provided by Section 39, Article III, Texas Constitution. If this
310310 Act does not receive the vote necessary for immediate effect, this
311311 Act takes effect September 1, 2013.