Texas 2013 - 83rd Regular

Texas Senate Bill SB1069 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Hegar S.B. No. 1069
2	2	(Zerwas)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Fort Bend County Municipal Utility
7	7	District No. 213; granting a limited power of eminent domain;
8	8	providing authority to impose a tax and issue bonds.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 8459 to read as follows:
12	12	CHAPTER 8459. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 213
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8459.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Commission" means the Texas Commission on
17	17	Environmental Quality.
18	18	(3) "Director" means a board member.
19	19	(4) "District" means the Fort Bend County Municipal
20	20	Utility District No. 213.
21	21	Sec. 8459.002. NATURE OF DISTRICT. The district is a
22	22	municipal utility district created under Section 59, Article XVI,
23	23	Texas Constitution.
24	24	Sec. 8459.003. CONFIRMATION AND DIRECTORS' ELECTION
25	25	REQUIRED. The temporary directors shall hold an election to
26	26	confirm the creation of the district and to elect five permanent
27	27	directors as provided by Section 49.102, Water Code.
28	28	Sec. 8459.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section 8459.003
30	30	until each municipality in whose corporate limits or
31	31	extraterritorial jurisdiction the district is located has
32	32	consented by ordinance or resolution to the creation of the
33	33	district and to the inclusion of land in the district.
34	34	Sec. 8459.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	35	(a) The district is created to serve a public purpose and benefit.
36	36	(b) The district is created to accomplish the purposes of:
37	37	(1) a municipal utility district as provided by
38	38	general law and Section 59, Article XVI, Texas Constitution; and
39	39	(2) Section 52, Article III, Texas Constitution, that
40	40	relate to the construction, acquisition, improvement, operation,
41	41	or maintenance of macadamized, graveled, or paved roads, or
42	42	improvements, including storm drainage, in aid of those roads.
43	43	Sec. 8459.006. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act enacting this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act enacting this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	SUBCHAPTER B. BOARD OF DIRECTORS
57	57	Sec. 8459.051. 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 8459.052, directors serve
60	60	staggered four-year terms.
61	61	Sec. 8459.052. TEMPORARY DIRECTORS. (a) On or after the
62	62	effective date of the Act enacting this chapter, the owner or owners
63	63	of a majority of the assessed value of the real property in the
64	64	district may submit a petition to the commission requesting that
65	65	the commission appoint as temporary directors the five persons
66	66	named in the petition. The commission shall appoint as temporary
67	67	directors the five persons named in the petition.
68	68	(b) Temporary directors serve until the earlier of:
69	69	(1) the date permanent directors are elected under
70	70	Section 8459.003; or
71	71	(2) the fourth anniversary of the effective date of
72	72	the Act enacting this chapter.
73	73	(c) If permanent directors have not been elected under
74	74	Section 8459.003 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 8459.003; 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 commission requesting that the
85	85	commission appoint as successor temporary directors the five
86	86	persons named in the petition. The commission shall appoint as
87	87	successor temporary directors the five persons named in the
88	88	petition.
89	89	SUBCHAPTER C. POWERS AND DUTIES
90	90	Sec. 8459.101. GENERAL POWERS AND DUTIES. The district has
91	91	the powers and duties necessary to accomplish the purposes for
92	92	which the district is created.
93	93	Sec. 8459.102. MUNICIPAL UTILITY DISTRICT POWERS AND
94	94	DUTIES. The district has the powers and duties provided by the
95	95	general law of this state, including Chapters 49 and 54, Water Code,
96	96	applicable to municipal utility districts created under Section 59,
97	97	Article XVI, Texas Constitution.
98	98	Sec. 8459.103. AUTHORITY FOR ROAD PROJECTS. Under Section
99	99	52, Article III, Texas Constitution, the district may design,
100	100	acquire, construct, finance, issue bonds for, improve, operate,
101	101	maintain, and convey to this state, a county, or a municipality for
102	102	operation and maintenance macadamized, graveled, or paved roads, or
103	103	improvements, including storm drainage, in aid of those roads.
104	104	Sec. 8459.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	105	road project must meet all applicable construction standards,
106	106	zoning and subdivision requirements, and regulations of each
107	107	municipality in whose corporate limits or extraterritorial
108	108	jurisdiction the road project is located.
109	109	(b) If a road project is not located in the corporate limits
110	110	or extraterritorial jurisdiction of a municipality, the road
111	111	project must meet all applicable construction standards, zoning and
112	112	subdivision requirements, and regulations of each county in which
113	113	the road project is located.
114	114	(c) If the state will maintain and operate the road, the
115	115	Texas Transportation Commission must approve the plans and
116	116	specifications of the road project.
117	117	Sec. 8459.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
118	118	OR RESOLUTION. The district shall comply with all applicable
119	119	requirements of any ordinance or resolution that is adopted under
120	120	Section 54.016 or 54.0165, Water Code, and that consents to the
121	121	creation of the district or to the inclusion of land in the
122	122	district.
123	123	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	124	Sec. 8459.151. ELECTIONS REGARDING TAXES OR BONDS.
125	125	(a) The district may issue, without an election, bonds and other
126	126	obligations secured by:
127	127	(1) revenue other than ad valorem taxes; or
128	128	(2) contract payments described by Section 8459.153.
129	129	(b) The district must hold an election in the manner
130	130	provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	131	before the district may impose an ad valorem tax or issue bonds
132	132	payable from ad valorem taxes.
133	133	(c) The district may not issue bonds payable from ad valorem
134	134	taxes to finance a road project unless the issuance is approved by a
135	135	vote of a two-thirds majority of the district voters voting at an
136	136	election held for that purpose.
137	137	Sec. 8459.152. OPERATION AND MAINTENANCE TAX. (a) If
138	138	authorized at an election held under Section 8459.151, the district
139	139	may impose an operation and maintenance tax on taxable property in
140	140	the district in accordance with Section 49.107, Water Code.
141	141	(b) The board shall determine the tax rate. The rate may not
142	142	exceed the rate approved at the election.
143	143	Sec. 8459.153. CONTRACT TAXES. (a) In accordance with
144	144	Section 49.108, Water Code, the district may impose a tax other than
145	145	an operation and maintenance tax and use the revenue derived from
146	146	the tax to make payments under a contract after the provisions of
147	147	the contract have been approved by a majority of the district voters
148	148	voting at an election held for that purpose.
149	149	(b) A contract approved by the district voters may contain a
150	150	provision stating that the contract may be modified or amended by
151	151	the board without further voter approval.
152	152	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
153	153	Sec. 8459.201. AUTHORITY TO ISSUE BONDS AND OTHER
154	154	OBLIGATIONS. The district may issue bonds or other obligations
155	155	payable wholly or partly from ad valorem taxes, impact fees,
156	156	revenue, contract payments, grants, or other district money, or any
157	157	combination of those sources, to pay for any authorized district
158	158	purpose.
159	159	Sec. 8459.202. TAXES FOR BONDS. At the time the district
160	160	issues bonds payable wholly or partly from ad valorem taxes, the
161	161	board shall provide for the annual imposition of a continuing
162	162	direct ad valorem tax, without limit as to rate or amount, while all
163	163	or part of the bonds are outstanding as required and in the manner
164	164	provided by Sections 54.601 and 54.602, Water Code.
165	165	Sec. 8459.203. BONDS FOR ROAD PROJECTS. At the time of
166	166	issuance, the total principal amount of bonds or other obligations
167	167	issued or incurred to finance road projects and payable from ad
168	168	valorem taxes may not exceed one-fourth of the assessed value of the
169	169	real property in the district.
170	170	SECTION 2. The Fort Bend County Municipal Utility District
171	171	No. 213 initially includes all the territory contained in the
172	172	following area:
173	173	Being 580.500 acres of land located in the Noel F. Roberts
174	174	1-1/4 League, Abstract 79, the Thomas Westall League, Abstract 92,
175	175	and the Randolph Foster league, Abstract 28, Fort Bend County,
176	176	Texas, more particularly being all of that certain called 374.202
177	177	acre tract conveyed to HUNT ROAD & POOL HILL FARMS, INC., by an
178	178	instrument of record in File No. 2010122491, Official Public
179	179	Records, of said Fort Bend County (F.B.C.O.P.R.), and a portion of
180	180	that certain called 753.14 acre tract conveyed to TWINWOOD (U.S.),
181	181	INC. by an instrument of record in File No. 2010042222,
182	182	F.B.C.O.P.R. said 580.500 acres being more particularly described
183	183	in two parts by metes and bounds as follows (all bearings are
184	184	assumed);
185	185	PART ONE
186	186	BEGINNING at a 1/2-inch iron pipe found marking the northwest
187	187	corner of said 304.5 acre tract, same being the northwest corner of
188	188	said Noel F. Roberts 1-1/4 League, the southwest corner of the Isaac
189	189	Newton Charles Survey, A-17, on the east line of the Randolph Foster
190	190	League, Abstract 28;
191	191	Thence, with the north line of said 304.5 acre tract and with
192	192	the common survey line of said Isaac Newton Charles Survey and the
193	193	Noel F. Roberts 1-1/4 League, North 88° 47' 03" East (called South
194	194	89° 40' East), at 476.31 feet pass a found 5/8-inch iron rod with cap
195	195	stamped "KALKOMEY SURVEYING", at 939.69 feet pass a found 1/2-inch
196	196	iron pipe, at 1,253.81 feet pass a found 1/2-inch iron pipe, at
197	197	1,539.66 feet pass a found 1/2-inch iron pipe, at 2,079.81 feet pass
198	198	a found 1/2-inch iron pipe, at 5,757.10 feet pass a found 5/8-inch
199	199	iron rod 4.52 feet left, at 5,777.34 feet pass a found 5/8-inch iron
200	200	rod with cap stamped "TEJAS" 17.68 feet left, at 5,777.54 feet pass
201	201	a found 1/2-inch iron pipe 2.58 feet right, at 6,791.52 feet pass a
202	202	found 5/8-inch iron rod 22.35 feet left and continuing a total
203	203	distance of 6,941.76 feet (called 6,937.1 feet) to a 1-inch square
204	204	rod found marking the northeast corner of said 304.5 acre tract,
205	205	same being the northwest corner of said 68.93 acre tract, from which
206	206	a found 1/2-inch iron pipe bears North 38° 01' 10" West, 0.29 feet;
207	207	Thence, with the north line of said 68.93 acre tract and
208	208	continuing with said common survey line, North 87° 57' 59" East
209	209	(called North 89° 31' 10" East), at 0.44 feet pass a found 5/8-inch
210	210	iron rod 20.02 feet left, at 1,765.40 feet pass a found 1/2-inch
211	211	iron pipe and continuing a total distance of 1,795.40 feet (called
212	212	1,794.8 feet) to a PK Nail set in asphalt marking the northeast
213	213	corner of said 68.93 acre tract, same being the northeast corner of
214	214	said Noel F. Roberts 1-1/4 League, and angle point in the southerly
215	215	line of said Isaac Newton Charles Survey and on the west line of the
216	216	Joseph San Pierre Labor, A-81;
217	217	Thence, with the east line of said 68.93 acre tract and with
218	218	the common survey line of said Noel F. Roberts 1-1/4 League and said
219	219	Joseph San Pierre Labor, South 03° 38' 00" East (called South 02° 07'
220	220	20" East), 1,690.01 feet to a PK Nail set in asphalt marking the
221	221	southeast corner of said 68.93 acre tract;
222	222	Thence, with the south line of said 68.93 acre tract, South
223	223	87° 21' 45" West (called South 88° 55' 10" West), at 30.00 feet pass a
224	224	1-1/2-inch iron pipe and continuing a total distance of 1,741.83
225	225	feet (called 1,741.5 feet) to a 3/4-inch iron pipe found marking the
226	226	southwest corner of said 68.93 acre tract, same being the southeast
227	227	corner of the aforementioned 304.5 acre tract;
228	228	Thence, with the southerly lines of said 304.5 acre tract,
229	229	the following nine (9) courses:
230	230	1) South 87° 34' 14" West (called South 89° 06' West), at
231	231	40.77 feet pass a found 1/2-inch iron rod, at 1,021.35 feet pass a
232	232	found 1/2-inch iron rod (bent), at 1,349.43 feet pass a found
233	233	1/2-inch iron rod (bent) and continuing a total distance of
234	234	1,552.69 feet (called 1,553.3 feet) to a found 1/2-inch iron pipe
235	235	for corner;
236	236	2) South 88° 17' 58" West (called South 89° 53' West), at
237	237	543.82 feet pass a found 1/2-inch iron rod, at 1,072.28 feet pass a
238	238	found 1/2-inch iron rod and continuing a total distance of 1,398.93
239	239	feet (called 1,398.8 feet) to a 1/2-inch iron pipe found for corner;
240	240	3) South 88° 41' 22" West (called North 89° 59' West), at
241	241	212.57 feet pass a found 1/2-inch iron rod and continuing a total
242	242	distance of 509.84 feet (called 510.4 feet) to a 1/2-inch iron pipe
243	243	found for corner;
244	244	4) North 88° 28' 03" West (called North 86° 52' West), at
245	245	414.15 feet pass a found 1/2-inch iron pipe, from which a found
246	246	3/4-inch iron pipe bears South 79° 28' 45" West, 0.07 feet, at 564.06
247	247	feet pass a found 1/2-inch iron pipe and continuing a total distance
248	248	of 917.85 feet (called 918 feet) to a 1/2-inch iron pipe found
249	249	marking a reentrant corner of said 304.5 acre tract, from which a
250	250	found 1-inch iron pipe bears North 75° 57' 17" West, 3.57 feet;
251	251	5) South 01° 32' 01" East, 376.60 feet (called South 0° 34'
252	252	East, 376.4 feet) to a 2 1/2-inch iron pipe filled with concrete
253	253	found for corner;
254	254	6) South 82° 56' 56" West, 2,153.14 feet (called South 84° 30'
255	255	West, 2,153 feet) to a 1-inch iron pipe found marking the most
256	256	southerly southwest corner of said 304.5 acre tract;
257	257	7) North 38° 07' 55" West, 184.80 feet (called North 38° 05'
258	258	West, 182.6 feet) to a PK Nail set in asphalt for corner;
259	259	8) North 50° 57' 38" West, 100.00 feet (called North 49° 20'
260	260	West, 100 feet) to a PK Nail set in asphalt for corner;
261	261	9) North 61° 17' 38" West (called North 59° 40' West, 400
262	262	feet), 400.00 feet to a to a chiseled "X" in concrete foundation of
263	263	a masonry column set marking the most westerly southwest corner of
264	264	said 304.5 acre tract, same being on the west line of the
265	265	aforementioned Noel F. Roberts 1-1/4 League;
266	266	Thence, with the west line of said 304.5 acre tract and the
267	267	west line of said Noel F. Roberts 1-1/4 League, North 01° 40' 38"
268	268	West (called North 0° 03' West), at 1,638.97 feet pass a found
269	269	1/2-inch iron pipe (bent) and continuing a total distance of
270	270	1,891.30 feet (called 1,891.3 feet) to the POINT OF BEGINNING and
271	271	containing 374.202 acres of land.
272	272	PART TWO
273	273	BEGINNING at the northeast corner of the aforementioned
274	274	753.14 acre tract being on the west right-of-way line of F.M.
275	275	Highway 1489 (100-feet wide);
276	276	Thence, South 08° 29' 10" West, along the common line of said
277	277	753.14 acres and F.M. Highway 1489, 1309.56 feet to a point for
278	278	corner, the beginning of a curve;
279	279	Thence, continuing along said common line, along the arc of a
280	280	tangent curve to the left having a radius of 2915.00 feet, a central
281	281	angle of 13° 18' 58", an arc length of 677.47 feet, and a chord which
282	282	bears South 01° 49' 41" West, 675.95 feet to a point for corner;
283	283	Thence, South 04° 49' 47" East, continuing along said common
284	284	line, 366.55 feet to a point for corner;
285	285	Thence, North 58° 01' 50" West, 344.69 feet to a point for
286	286	corner;
287	287	Thence, North 67° 52' 22" West, 486.32 feet to a point for
288	288	corner;
289	289	Thence, North 77° 58' 51" West, 484.53 feet to a point for
290	290	corner;
291	291	Thence, North 86° 41' 50" West, 354.17 feet to a point for
292	292	corner;
293	293	Thence, North 89° 52' 54" West, 136.95 feet to a point for
294	294	corner;
295	295	Thence, South 81° 42' 43" West, 69.88 feet to a point for
296	296	corner;
297	297	Thence, North 89° 37' 02" West, 1424.54 feet to a point for
298	298	corner;
299	299	Thence, South 88° 57' 19" West, 182.21 feet to a point for
300	300	corner;
301	301	Thence, South 82° 02' 27" West, 482.09 feet to a point for
302	302	corner;
303	303	Thence, South 72° 03' 46" West, 486.22 feet to a point for
304	304	corner;
305	305	Thence, South 61° 57' 08" West, 233.22 feet to a point for
306	306	corner on the east bank of the Brazos River;
307	307	Thence, along the east bank of the Brazos River, the
308	308	following fourteen (14) meanders:
309	309	1) North 17° 44' 47" West, 107.33 feet to a point for corner;
310	310	2) North 20° 07' 24" West, 157.79 feet to a point for corner;
311	311	3) North 15° 43' 07" West, 193.69 feet to a point for corner;
312	312	4) North 19° 22' 20" West, 236.23 feet to a point for corner;
313	313	5) North 18° 32' 59" West, 174.71 feet to a point for corner;
314	314	6) North 15° 37' 20" West, 138.21 feet to a point for
315	315	7) North 04° 12' 38" East, 148.92 feet to a point for corner;
316	316	8) North 13° 04' 30" West, 128.01 feet to a point for corner;
317	317	9) North 06° 53' 54" West, 148.38 feet to a point for corner;
318	318	10) North 16° 59' 58" West, 204.57 feet to a point for
319	319	corner;
320	320	11) North 09° 12' 42" West, 115.68 feet to a point for
321	321	corner;
322	322	12) North 23° 22' 04" West, 125.07 feet to a point for
323	323	corner;
324	324	13) North 11° 23' 30" West, 91.41 feet to a point for corner;
325	325	14) Thence, North 09° 52' 05" West, 91.87 feet to a point for
326	326	corner;
327	327	Thence, North 87° 54' 31" East, leaving said east bank of the
328	328	Brazos River 810.55 feet to a point for corner;
329	329	Thence, North 87° 39' 52" East, along the north line of the
330	330	aforementioned 753.14 acre tract, 1000.53 feet to a point for
331	331	corner;
332	332	Thence, North 88° 12' 04" East, continuing along said north
333	333	line, 999.05 feet to a point for corner;
334	334	Thence, North 87° 58' 49" East, continuing along said north
335	335	line, 1000.18 feet to a point for corner;
336	336	Thence, North 87° 38' 33" East, continuing along said north
337	337	line, 1414.59 feet to the POINT OF BEGINNING and containing 206.298
338	338	acres of land.
339	339	Said Part One and Part Two containing a total of 580.500 acres
340	340	of land.
341	341	SECTION 3. (a) The legal notice of the intention to
342	342	introduce this Act, setting forth the general substance of this
343	343	Act, has been published as provided by law, and the notice and a
344	344	copy of this Act have been furnished to all persons, agencies,
345	345	officials, or entities to which they are required to be furnished
346	346	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
347	347	Government Code.
348	348	(b) The governor, one of the required recipients, has
349	349	submitted the notice and Act to the Texas Commission on
350	350	Environmental Quality.
351	351	(c) The Texas Commission on Environmental Quality has filed
352	352	its recommendations relating to this Act with the governor, the
353	353	lieutenant governor, and the speaker of the house of
354	354	representatives within the required time.
355	355	(d) All requirements of the constitution and laws of this
356	356	state and the rules and procedures of the legislature with respect
357	357	to the notice, introduction, and passage of this Act are fulfilled
358	358	and accomplished.
359	359	SECTION 4. (a) If this Act does not receive a two-thirds
360	360	vote of all the members elected to each house, Subchapter C, Chapter
361	361	8459, Special District Local Laws Code, as added by Section 1 of
362	362	this Act, is amended by adding Section 8459.106 to read as follows:
363	363	Sec. 8459.106. NO EMINENT DOMAIN POWER. The district may
364	364	not exercise the power of eminent domain.
365	365	(b) This section is not intended to be an expression of a
366	366	legislative interpretation of the requirements of Subsection (c),
367	367	Section 17, Article I, Texas Constitution.
368	368	SECTION 5. This Act takes effect immediately if it receives
369	369	a vote of two-thirds of all the members elected to each house, as
370	370	provided by Section 39, Article III, Texas Constitution. If this
371	371	Act does not receive the vote necessary for immediate effect, this
372	372	Act takes effect September 1, 2013.