By: Zerwas (Senate Sponsor - Kolkhorst) H.B. No. 1068
(In the Senate - Received from the House April 27, 2015;
April 27, 2015, read first time and referred to Committee on
Intergovernmental Relations; May 11, 2015, reported favorably by
the following vote: Yeas 7, Nays 0; May 11, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Fort Bend County Municipal Utility
District No. 216; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8424 to read as follows:
CHAPTER 8424. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 216
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8424.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Fort Bend County Municipal
Utility District No. 216.
Sec. 8424.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8424.003. 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. 8424.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8424.003
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. 8424.005. 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 municipal utility 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. 8424.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting 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.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8424.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8424.052, directors serve
staggered four-year terms.
Sec. 8424.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Elizabeth D. Barnett;
(2) Phillip S. Froehlich;
(3) Jeff Holstein;
(4) Teresa Kelly; and
(5) Harry Peyton.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8424.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8424.003 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 8424.003; 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 commission 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.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8424.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8424.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8424.103. 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. 8424.104. 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. 8424.105. 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 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8424.151. 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 8424.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, 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. 8424.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8424.151, 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. 8424.153. 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.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8424.201. 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. 8424.202. 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 Sections 54.601 and 54.602, Water Code.
Sec. 8424.203. 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 Municipal Utility District
No. 216 initially includes all the territory contained in the
following area:
Being 503.983 acres of land located in the John Randon
League, Abstract Number 76, Fort Bend County, Texas, being all of
that certain called 411.052 acre tract conveyed to Fulshear Lakes,
Ltd. by instrument of record under File Number 2014007854 of the
Official Public Records of Real Property of said Fort Bend County
(F.B.C.O.P.R.R.P.), being all of that certain called 70.1425 acre
tract, designated Tract I, conveyed to Fulshear Lakes, Ltd., by an
instrument of record under File Number 2014007853,
F.B.C.O.P.R.R.P., same being all of Rustic Oaks Subdivision, a plat
of record under Volume 14, Page 13 of the Plat Records of said Fort
Bend County (F.B.C.P.R.), (Slide Number 185B, F.B.C.P.R.), being
all of that certain called 14.313 acre tract, designated Tract II,
conveyed to Fulshear Lakes, Ltd., by an instrument of record under
File Number 2014007853, F.B.C.O.P.R.R.P., being all of that certain
called 5.32 acre tract, designated Lot 1 of the Cornelius Randon
Estate as recorded in Volume 179, Page 128-A of the Deed Records of
said Fort Bend County (F.B.C.D.R.), being the same land, designated
Tract III, as conveyed to Fulshear Lakes, Ltd., by an instrument of
record under File Number 2014007853, F.B.C.O.P.R.R.P., and being
all of that certain called 4.000 acre tract, conveyed to Fulshear
Lakes, Ltd. by instrument of record under File Number 2014007852,
F.B.C.O.P.R.R.P.; said 503.983 acres being more particularly
described by metes and bounds as follows (all bearings referenced
to Texas Coordinate System, South Central Zone, Grid North, NAD83
(NA2011) Epoch 2010.00;
BEGINNING at the common north corner of said 411.052 acre
tract and that certain called 58.96 acre tract conveyed to Nigel
Stewart Patterson, et ux by an instrument of record under File
Number 2009110810, F.B.C.O.P.R.R.P., being on the line common to
the north line of said John Randon League and the south line of the
I. H. Charles League, Abstract Number 17 of said Fort Bend County,
and being within existing Rogers Road (width varies), from which a
found 5/8-inch iron rod (bent) bears North 09° 56' 38" West, 0.52
feet and also from which the common easterly corner of said John
Randon League and the George Roberts League, Abstract Number 432 of
said Fort Bend County bears North 87° 41' 03" East, 3,932.37 feet;
Thence, with the easterly line of said 411.052 acre tract,
the following five (5) courses:
1. South 02° 02' 39" East, with the westerly line of
said 58.96 acre tract, passing at 30.69 feet (called 31.0 feet) a
found 1/2-inch iron pipe, and continuing for a total distance of
1,104.86 feet (called 1,105.0 feet) to a 1/2-inch iron pipe found
for corner;
2. South 02° 21' 32" East, continuing with the westerly
line of said 58.96 acre tract, 1,232.04 feet (called 1,232.08 feet)
to a 3/4-inch iron pipe found for corner;
3. South 01° 43' 27" East, continuing with the westerly
line of said 58.96 acre tract, 1,133.03 feet (called 1,132.98 feet)
to a 5/8-inch iron rod with plastic cap stamped "LJA ENG" previously
set for the southwest corner of said 58.96 acre tract;
4. North 87° 47' 51" East, with the southerly line of
said 58.96 acre tract, passing at 296.51 feet a found 1" iron pipe,
and continuing for a total distance of 1,004.52 feet (called
1,004.50 feet) to a 1/2-inch iron pipe found on the westerly line of
that certain called 241.258 acre tract conveyed to Rogers Road
Investors, LP by an instrument of record under File Number
2009066602, F.B.C.O.P.R.R.P.;
5. South 02° 18' 57" East, with the westerly line of
said 241.258 acre tract, passing at 2,894.68 feet the approximate
centerline of Fulshear Creek, same being the common westerly corner
of said 241.258 acre tract and that certain called 58.139 acre tract
conveyed to K. R. Arnold, et ux, by an instrument of record under
File Number 1999008859, F.B.C.O.P.R.R.P., and continuing with the
westerly line of said 58.139 acre tract, for a total distance of
4,646.53 feet (called 4,646.9 feet) to a 5/8-inch iron rod with
plastic cap stamped "LJA ENG" previously set for the southeast
corner of said 411.052 acre tract, being on the northerly line of
that certain called 100-foot wide tract conveyed to Metropolitan
Transit Authority of Harris County by an instrument of record under
Volume 2478, Page 1664, F.B.C.D.R.;
Thence, South 81° 25' 02" West, with the line common to the
south line of said 411.052 acre tract and the north line of said
100-foot wide tract, passing at 1,532.69 feet (called 1,532.63
feet) a 1/2-inch iron pipe found for the common south corner of said
411.052 acre tract and aforementioned Rustic Oaks Subdivision, and
continuing along the line common to the south line of said Rustic
Oaks Subdivision and the north line of said 100-foot wide tract,
continuing for a total distance of 3,010.59 feet to a 1/4-iron pipe
found for the southwest corner of said Rustic Oaks Subdivision and
aforementioned 70.1425 acre tract, same being the southeast corner
of that certain called 5.32 acre tract, designated Lot 8 of
aforementioned Cornelius Randon Estate, and as conveyed to Walter
Kelly, et al, by an instrument of record under File Number
2012140197, F.B.C.O.P.R.R.P.;
Thence, North 02° 37' 49" East, with the common line of said
Rustic Oaks Subdivision, said 70.1425 acre tract and said Lot 8,
362.39 feet to a 5/8-inch iron rod with plastic cap stamped "LJA
ENG" previously set for the common east corner of said Lot 8 and
aforementioned Lot 1 conveyed to Fulshear Lakes, Ltd.;
Thence, South 87° 17' 09" West, with the common line to said
Lot's 1 and 8, 434.10 feet to a 5/8-inch iron rod with plastic cap
stamped "LJA ENG" previously set for the southwest corner of said
5.32 acre tract conveyed to Fulshear Lakes, Ltd.;
Thence, North 02° 13' 49" West, along the west line of said
5.32 acre tract conveyed to Fulshear Lakes, Ltd., 444.84 feet to a
1/2-inch iron pipe found for the northwest corner of said 5.32 acre
tract, also being on a south line of the aforementioned 14.313 acre
tract;
Thence, South 87° 15' 05" West, with said south line, 522.20
feet to a 5/8-inch iron rod with plastic cap stamped "LJA ENG"
previously set for corner;
Thence, South 02° 11' 04" East, continuing along a south line
of said 14.313 acre tract, 442.70 feet to a 1-inch iron pipe found
for corner;
Thence, South 87° 05' 11" West, continuing along a south line
of said 14.313 acre tract, 507.27 feet to a 5/8-inch iron rod with
plastic cap stamped "LJA ENG" previously set for corner;
Thence, North 02° 29' 17" West, continuing along a south line
of said 14.313 acre tract, 445.89 feet to point for corner, from
which a found 5/8-inch iron rod with cap stamped "RPLS No. 2085"
bears South 76° 14' 39" East, 0.23 feet;
Thence, South 87° 26' 47" West, continuing along a south line
of said 14.313 acre tract, passing at 486.91 feet a found 5/8-inch
iron rod with cap stamped "RPLS No. 2085" and continuing for a total
distance of 512.83 feet to a PK-Nail found for corner within
existing Pool Hill Road (width unknown);
Thence, North 02° 33' 10" West, with the most westerly line of
said 14.313 acre tract and within said existing Pool Hill Road,
196.30 feet to a PK-Nail found for the common west corner of said
14.313 acre tract and that certain called 5.155 acre tract conveyed
to Royal Parrot Farm, LLC by an instrument of record under File
Number 2010000252, F.B.C.O.P.R.R.P.;
Thence, North 87° 25' 18" East, with the common line to said
14.313 acre tract and said 5.155 acre tract, passing at 22.96 feet a
found 5/8-inch iron rod with cap stamped "RPLS No. 2085", and
continuing for a total distance of 1,143.40 feet to the common south
corner of aforementioned 4.000 acre tract conveyed to Fulshear
Lakes, Ltd. and said 5.155 acre tract, from which a found 1/2-inch
iron rod with cap (illegible) bears North 15° 28' 18" West, 0.92
feet;
Thence, North 02° 34' 42" West, departing the north line of
said 14.313 acre tract and along the line common to said 4.000 acre
tract and said 5.155 acre tract, 196.40 feet to the common north
corner said 4.000 acre tract and said 5.155 acre tract and also
being on the south line of that certain called 9.15 acre tract
conveyed to Eula Mac Taplin, et al., by an instrument of record
under Volume 2259, Page 1936, F.B.C.D.R., from which a found
1/2-inch iron rod with cap stamped "Precision Surveying" bears
South 46° 34' 34" West, 0.26 feet;
Thence North, 87°25'18" East, along the line common to said
4.000 acre tract and said called 9.15 acre tract, 887.17 feet, to
5/8-inch iron rod with plastic cap stamped "LJA ENG" previously set
for corner on the westerly line of aforementioned 70.1425 acre
tract and Rustic Oaks Subdivision, from which a 1-inch pipe with
"Cotton Surveying" cap bears South 18°04'42" East, 3.68 feet;
Thence North 03°16'16" East, with the line common to said 9.15
acre tract and said 70.1425 acre tract and Rustic Oaks Subdivision,
197.17 feet to a 1-inch iron pipe in concrete found for the common
east corner of said 9.15 acre tract and that certain called 18.87
acre tract, designated Tract I, conveyed to Robert Fendley, by
instrument of record under Volume 1415, Page 037, F.B.C.D.R.;
Thence, North 01°17'54" West, with the westerly line of said
70.1425 acre tract and Rustic Oaks Subdivision, 565.92 feet to a
1-inch iron pipe found for corner;
Thence, North 00° 49' 19" West, continuing along the westerly
line of said 70.1425 acre tract and said Rustic Oaks Subdivision,
196.67 feet to a point for corner on the approximate centerline of
Fulshear Creek and being the line common to the north line of said
Rustic Oaks Subdivision, said 70.1425 acre tract and a south line of
the aforementioned 411.052 acre tract;
Thence, along the south line of said 411.052 acre tract and
along the meanders of said Fulshear Creek, the following five (5)
courses:
1. South 85° 09' 23" West, 488.60 feet to a point for
corner;
2. North 74° 47' 41" West, 354.56 feet to a point for
corner;
3. North 18° 11' 05" West, 260.16 feet to a point for
corner;
4. North 09° 17' 09" East, 391.53 feet to a point for
corner;
5. North 00° 34' 16" West, 47.82 feet (called 48.67
feet) to a point for corner on the south line of that certain called
71.56 acre tract conveyed to Lavetta Lazzara by an instrument of
record under Volume 2320, Page 1231, F.B.C.D.R., and an undivided
fifty (50) percent interest conveyed to Lavetta Lazzara, Trustee by
an instrument of record under Volume 2479, Page 591, F.B.C.D.R.;
Thence, North 87° 05' 26" East, with the common line of said
411.052 acre tract and said 71.56 acre tract, passing at 76.49 feet
a found 1/2-iron pipe and continuing for a total distance of 817.56
feet (called 816.0 feet) to a 1/2-inch iron pipe found for corner;
Thence, North 01° 49' 07" West, with the line common to said
411.052 acre tract and said 71.56 acre tract, 2,373.01 feet (called
2,373.19 feet) to a PK-Nail in asphalt previously set for the
northeast corner of said 71.56 acre tract;
Thence, North 01° 47' 54" West, with the westerly line of said
411.052 acre tract, 2,073.64 feet (called 2,074.08 feet) to a gun
barrel found for the common easterly corner of that certain called
5.432 acre tract conveyed to Emma Jean Smith by an instrument of
record under Volume 2707, Page 2128, F.B.C.D.R. and that certain
called 46.33 acre tract conveyed to Frances Peckham Kelly, et al.,
by an instrument of record under volume 433, Page 87, F.B.C.D.R. and
under Probate Record Number 08-CPR-020916 of the Probate Records of
said Fort Bend County;
Thence, North 01° 20' 51" West, with the westerly line of said
411.052 acre tract, 1,070.10 feet (called 1,069.68 feet) to point
for corner on the northerly line of the aforementioned John Randon
League and the southerly line of the J. San Pierre Survey, Abstract
Number 81, of said Fort Bend County and the northwest corner of said
411.052 acre tract, and being within the aforementioned Rogers
Road, from which a found 5/8-inch iron rod (bent) bears South 77° 51'
34" East, 0.29 feet;
Thence, North 87° 41' 03" East, with the northerly line of
said 411.52 acre tract, said John Randon League, and the southerly
line of said J. San Pierre Survey and the aforementioned I. H.
Charles League, 1,829.92 feet to the POINT OF BEGINNING and
containing 503.983 acres of land and of which 1.320 acres (57,529
square feet) of land lies within the existing roadway area of said
Rogers Road.
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. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8424, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8424.106 to read as follows:
Sec. 8424.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. 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, 2015.
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