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Texas Senate Bill SB1068

Texas 2013 - 83rd Regular

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11 By: Hegar S.B. No. 1068
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. 212; 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 8445 to read as follows:
1212 CHAPTER 8445. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 212
1313 SUBCHAPTER A. GENERAL PROVISIONS
1414 Sec. 8445.001. 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. 212.
2121 Sec. 8445.002. NATURE OF DISTRICT. The district is a
2222 municipal utility district created under Section 59, Article XVI,
2323 Texas Constitution.
2424 Sec. 8445.003. 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. 8445.004. CONSENT OF MUNICIPALITY REQUIRED. The
2929 temporary directors may not hold an election under Section 8445.003
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. 8445.005. 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. 8445.006. 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. 8445.051. GOVERNING BODY; TERMS. (a) The district is
5858 governed by a board of five elected directors.
5959 (b) Except as provided by Section 8445.052, directors serve
6060 staggered four-year terms.
6161 Sec. 8445.052. 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 8445.003; 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 8445.003 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 8445.003; 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. 8445.101. 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. 8445.102. 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. 8445.103. 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. 8445.104. 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, zoning and
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. 8445.105. 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. 8445.151. 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 8445.153.
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. 8445.152. OPERATION AND MAINTENANCE TAX. (a) If
138138 authorized at an election held under Section 8445.151, 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. 8445.153. 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. 8445.201. 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. 8445.202. 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. 8445.203. 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. 212 initially includes all the territory contained in the
172172 following area:
173173 TRACT 1
174174 BEING a 444.86 acre tract of land situated in the John Foster
175175 2-1/2 League Grant, Abstract No. 26 of Fort Bend County, Texas and
176176 being part of a called 1410.69 acre tract of land described as
177177 Second Tract and all of a called 265.11 acre tract described as
178178 Forth Tract and all of a called 34.8 acre tract described as Sixth
179179 Tract also all of a called 0.72 acre tract described as Seventh
180180 Tract in a conveyance to Foster Farms, Inc. recorded in Volume 362,
181181 Page 549 of the Fort Bend County Deed Records (F.B.C.D.R.), said
182182 444.86 acre tract of land described by metes and bounds as follows:
183183 BEGINNING at the northeast corner of said 265.11 acre tract
184184 and being in the southern right-of-way line of F. M. 359 (100-foot
185185 wide);
186186 THENCE, S 00° 39' 06" E, a distance of 4,527.65 feet to the
187187 southeast corner of the herein described tract and being in the
188188 southern right-of-way line of Beadle Drive (80-feet wide);
189189 THENCE, S 89° 58' 40" W, a distance of 5,735.23 feet along
190190 said southern right-of-way line to the southwest corner of the
191191 herein described tract and being in the west line of said 1410.69
192192 acre tract and the east line of a called 3063.45 acre tract
193193 described as First Tract in the deed recorded in Volume 362, Page
194194 549 of the F.B.C.D.R.;
195195 THENCE, NORTH, a distance of 2,145.78 feet along the line
196196 common to said 1410.69 acre tract and said 3063.45 acre tract to an
197197 angle point;
198198 THENCE, N 00° 03' 10" E, a distance of 212.73 feet to the most
199199 westerly northwest corner of the herein described tract and being
200200 in the centerline of Jones Creek;
201201 THENCE, along the centerline of Jones Creek the following
202202 courses and distances:
203203 S 78° 51' 08" E, a distance of 391.70 feet to a point for
204204 corner;
205205 N 84° 10' 17" E, a distance of 331.68 feet to a point for
206206 corner;
207207 N 76° 23' 23" E, a distance of 204.37 feet to a point for
208208 corner;
209209 N 70° 21' 24" E, a distance of 176.10 feet to a point for
210210 corner;
211211 N 65° 02' 57" E, a distance of 120.94 feet to a point for
212212 corner;
213213 N 73° 07' 51" E, a distance of 134.93 feet to a point for
214214 corner;
215215 N 40° 10' 10" E, a distance of 140.10 feet to a point for
216216 corner;
217217 N 29° 07' 50" E, a distance of 206.30 feet to a point for
218218 corner;
219219 N 36° 42' 30" E, a distance of 179.60 feet to a point for
220220 corner;
221221 N 46° 15' 10" E, a distance of 231.00 feet to a point for
222222 corner;
223223 N 57° 46' 30" E, a distance of 210.50 feet to a point for
224224 corner;
225225 N 60° 28' 30" E, a distance of 234.75 feet to a point for
226226 corner;
227227 N 63° 30' 20" E, a distance of 209.90 feet to a point for
228228 corner;
229229 N 75° 53' 50" E, a distance of 245.40 feet to a point for
230230 corner;
231231 N 84° 23' 30" E, a distance of 314.25 feet to a point for
232232 corner;
233233 S 87° 35' 30" E, a distance of 228.80 feet to a point for
234234 corner;
235235 S 78° 18' 00" E, a distance of 302.14 feet to a point for
236236 corner;
237237 S 71° 40' 10" E, a distance of 173.50 feet to a point for
238238 corner;
239239 S 79° 09' 30" E, a distance of 326.40 feet to a point for
240240 corner;
241241 N 79° 30' 30" E, a distance of 151.50 feet to a point for
242242 corner;
243243 N 50° 57' 20" E, a distance of 209.40 feet to a point for
244244 corner;
245245 N 29° 11' 50" E, a distance of 147.40 feet to a point for
246246 corner;
247247 N 02° 35' 50" E, a distance of 202.20 feet to a point for
248248 corner;
249249 N 07° 38' 30" W, a distance of 560.65 feet to a point for
250250 corner;
251251 N 06° 01' 40" W, a distance of 671.97 feet to the most
252252 northerly northwest corner of the herein described tract;
253253 THENCE, S 78° 30' 50" E, a distance of 117.07 feet to the
254254 southwest corner of said 0.72 acre tract;
255255 THENCE, N 11° 29' 10" E, a distance of 23.31 feet to northwest
256256 corner of said 0.72 acre tract and being in the southern
257257 right-of-way line of said F. M. 359;
258258 THENCE, along the southern right-of-way lines of said F. M.
259259 359 the following courses and distances:
260260 S 69° 55' 20" E, a distance of 1,402.20 feet to the point
261261 of curvature of a curve to the right;
262262 In an Southeasterly direction along said curve to the
263263 right, a distance of 92.41 feet, having a radius of 3,770.00 feet, a
264264 central angle of 01° 24' 16" and a chord which bears S 69° 13' 12" E,
265265 92.41 feet to the POINT OF BEGINNING and containing 454.86 acres of
266266 land, save and except a called 10.00 acre tract described and
267267 recorded under F.B.C.C.F. No. 2005020111 leaving a net acreage of
268268 444.86 acres of land.
269269 TRACT 2
270270 BEING a 47.97 acre tract of land situated in the John Foster
271271 2-1/2 League Grant, Abstract No. 26 of Fort Bend County, Texas and
272272 being part of a called 3063.45 acre tract of land described as First
273273 Tract in a conveyance to Foster Farms, Inc. recorded in Volume 362,
274274 Page 549 of the Fort Bend County Deed Records (F.B.C.D.R.), said
275275 47.97 acre tract of land described by metes and bounds as follows:
276276 COMMENCING at the southwest corner of a called 128.109 acre
277277 tract described and recorded in Volume 757, Page 585 of the
278278 F.B.C.D.R.;
279279 THENCE, N 00° 03' 10" E, a distance of 127.03 feet along the
280280 west line of said 128.109 acre tract to the southeast corner of the
281281 herein described tract and being the POINT OF BEGINNING;
282282 THENCE, along the lines common to the herein described tract
283283 and a called 39.503 acre tract described and recorded in Volume 27,
284284 Page 548 of the F.B.C.D.R. the following courses and distances:
285285 N 75° 04' 00" W, a distance of 14.61 feet to a point for
286286 corner;
287287 N 64° 54' 00" W, a distance of 170.00 feet to a point for
288288 corner;
289289 N 59° 54' 00" W, a distance of 164.00 feet to a point for
290290 corner;
291291 N 47° 02' 00" W, a distance of 566.00 feet to a point for
292292 corner;
293293 N 48° 54' 00" W, a distance of 1000.00 feet to a point
294294 for corner;
295295 N 62° 04' 00" W, a distance of 242.00 feet to a point for
296296 corner;
297297 N 37° 29' 00" W, a distance of 447.00 feet to a point for
298298 corner;
299299 N 10° 20' 00" W, a distance of 123.00 feet to a point for
300300 corner;
301301 N 22° 41' 00" W, a distance of 145.00 feet to a point for
302302 corner;
303303 N 04° 35' 00" E, a distance of 166.50 feet to a point for
304304 corner;
305305 N 29° 03' 00" E, a distance of 161.50 feet to a point for
306306 corner;
307307 N 59° 03' 00" E, a distance of 150.00 feet to a point for
308308 corner;
309309 N 86° 43' 00" E, a distance of 300.00 feet to a point for
310310 corner;
311311 S 44° 11' 00" E, a distance of 600.00 feet to a point for
312312 corner;
313313 S 35° 19' 00" E, a distance of 225.00 feet to a point for
314314 corner;
315315 S 56° 05' 00" E, a distance of 400.00 feet to a point for
316316 corner;
317317 S 69° 31' 00" E, a distance of 300.00 feet to a point for
318318 corner;
319319 S 88° 24' 00" E, a distance of 300.00 feet to a point for
320320 corner;
321321 N 77° 12' 00" E, a distance of 63.36 feet to the
322322 northeast corner of the herein described tract and being in the west
323323 line of said 128.109 acre tract;
324324 THENCE, S 00° 03' 10" W, a distance of 1,389.24 feet along the
325325 west line of said 128.109 acre tract to the POINT OF BEGINNING and
326326 containing 47.97 acres of land.
327327 SECTION 3. (a) The legal notice of the intention to
328328 introduce this Act, setting forth the general substance of this
329329 Act, has been published as provided by law, and the notice and a
330330 copy of this Act have been furnished to all persons, agencies,
331331 officials, or entities to which they are required to be furnished
332332 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
333333 Government Code.
334334 (b) The governor, one of the required recipients, has
335335 submitted the notice and Act to the Texas Commission on
336336 Environmental Quality.
337337 (c) The Texas Commission on Environmental Quality has filed
338338 its recommendations relating to this Act with the governor, the
339339 lieutenant governor, and the speaker of the house of
340340 representatives within the required time.
341341 (d) All requirements of the constitution and laws of this
342342 state and the rules and procedures of the legislature with respect
343343 to the notice, introduction, and passage of this Act are fulfilled
344344 and accomplished.
345345 SECTION 4. (a) If this Act does not receive a two-thirds
346346 vote of all the members elected to each house, Subchapter C, Chapter
347347 8445, Special District Local Laws Code, as added by Section 1 of
348348 this Act, is amended by adding Section 8445.106 to read as follows:
349349 Sec. 8445.106. NO EMINENT DOMAIN POWER. The district may
350350 not exercise the power of eminent domain.
351351 (b) This section is not intended to be an expression of a
352352 legislative interpretation of the requirements of Subsection (c),
353353 Section 17, Article I, Texas Constitution.
354354 SECTION 5. This Act takes effect immediately if it receives
355355 a vote of two-thirds of all the members elected to each house, as
356356 provided by Section 39, Article III, Texas Constitution. If this
357357 Act does not receive the vote necessary for immediate effect, this
358358 Act takes effect September 1, 2013.