By: Zerwas (Senate Sponsor - Kolkhorst) H.B. No. 4126
(In the Senate - Received from the House May 4, 2015;
May 4, 2015, read first time and referred to Committee on
Administration; May 7, 2015, reported favorably by the following
vote: Yeas 6, Nays 0; May 7, 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. 218; 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 7927 to read as follows:
CHAPTER 7927. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 218
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7927.001. 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. 218.
Sec. 7927.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7927.003. 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. 7927.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7927.003
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. 7927.005. 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. 7927.006. 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. 7927.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7927.052, directors serve
staggered four-year terms.
Sec. 7927.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2015, 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 temporary
directors the five persons named in the petition. The commission
shall appoint as temporary directors the five persons named in the
petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7927.003; or
(2) September 1, 2019.
(c) If permanent directors have not been elected under
Section 7927.003 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 7927.003; 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. 7927.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7927.102. 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. 7927.103. 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. 7927.104. 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. 7927.105. 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. 7927.151. 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 7927.153.
(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. 7927.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7927.151, 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. 7927.153. 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. 7927.201. 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. 7927.202. 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. 7927.203. 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. 218 initially includes all the territory contained in the
following area:
A 232.215 acre, or 10,115,268 square feet more or less tract of
land, being all of that 250 acre tract of land conveyed to Frank
Chalupa and described in a deed recorded in Volume 182, Page 194 of
the Deed Records of Fort Bend County, Texas, subsequently divided
into seven parcels and conveyed as follows: 41.58 acres conveyed to
Edwin G. Chalupa et al in a deed recorded in Volume 708, Page 5,
corrected in document recorded in Volume 753, Page 746, Deed
Records of Fort Bend County, Texas, subsequently conveyed to
Patrick B. Chalupa, Melissa K. Chalupa aka Melissa Chalupa Gonzalez
by deeds recorded in Document Numbers 9621563, 2007000110,
2007061950, 2014005282, and 2014005283 of the Official Public
Records of Fort Bend County, Texas; 41.58 acres conveyed to Robert
E. Chalupa et al by deed recorded in Volume 708, Page 9, corrected
in Document recorded in Volume 753, Page 746, Deed Records of Fort
Bend County, Texas; 41.58 acres conveyed to Bessie R. Polasek,
Jerry William Polasek and Bessie R. Polasek as Trustee for Jerry
Wayne Polasek, Michael Polasek and Deborah Renee Polasek, by deed
recorded in Volume 708, Page 16, corrected in document recorded in
Volume 753, Page 746, Deed Records of Fort Bend County, Texas, and
being the same tract subsequently conveyed to Michael Polasek,
Jerry Wayne Polasek and Deborah Renee Polasek Macha by deeds
recorded in Document Numbers 9468263, 9468264, 946826, 09468266,
9468267, 8468268, 9459082, 9469083, and 9469084 of the Official
Public Records of Fort Bend County, Texas; 41.58 acres conveyed to
Anastazie M. Stasney, et al by deed recorded in Volume 705, Page 1,
corrected in document recorded in Volume 753, Page 746, Deed
Records of Fort Bend County, Texas, and being the same tract
subsequently conveyed to Alan Wayne Stasney by deeds recorded in
Document Numbers 9504686, 2006162504, and 2013128230 of the
Official Public Records of Fort Bend County, Texas; 41.58 acres
conveyed to John J. Chalupa, Trustee for the benefit of Delores
Chalupa in accordance with the Frank and Amalie Chalupa Trust III,
by deed recorded in Volume 707, Page 932, corrected in document
recorded in Volume 753, Page 748, Deed Records of Fort Bend County,
Texas; 20.2239 acres being a portion of 41.58 acres conveyed to John
J. Chalupa by deed recorded in Volume 708 Page 13, corrected in
document recorded in Volume 753, Page 746, Deed Records of Fort Bend
County, Texas, and being the same tract of land conveyed by deed
recorded in Document Number 9468272, Official Public Records of
Fort Bend County, Texas, to Bessie Polasek and Anastazie Stasney,
Co-Trustees for Bessie Polasek pursuant to Testamentary Trust
created by the Last Will and Testament of John J. Chalupa, admitted
to probate on August 10, 1992, in Cause No. 12,545, in the Probate
Court of Fort Bend County, Texas; and 21.4413 acre portion of 41.58
acres conveyed to John J. Chalupa by deed recorded in Volume 708,
Page 13, corrected in document recorded in Volume 753, Page 746,
Deed Records of Fort Bend County, Texas, and being the same tract of
land conveyed by deed recorded in Document Number 9468271, Official
Public Records of Fort Bend County, Texas, to Bessie Polasek and
Anastazie Stasney, Co-Trustees for Anastazie Stasney pursuant to
Testamentary Trust created by the Last Will and Testament of John J.
Chalupa, admitted to probate on August 10, 1992, in Cause
No. 12,545, in the Probate Court of Fort Bend County, Texas, all
situated in the W. Lusk Survey, Abstract 276, and the E. Wheat
Survey, Abstract 396, partially in the City of Rosenberg and
partially in the Rosenberg Extra-Territorial Jurisdiction, Fort
Bend County, Texas. Said 232.215 acre tract of land being more fully
described as follows, with bearings based on the Texas State Plane
Coordinate System, established for the South Central Zone, from the
North American Datum of 1983(NA2011), epoch 2010.00:
BEGINNING: At a set 5/8 inch iron rod with yellow cap marked
"Pape Dawson" at the northwest corner of said 250 acre tract of land
described in Volume 182, Page 194 of the Deed Records of Fort Bend
County, Texas, also being the northwest corner of said 41.58 acres
conveyed to Edwin G. Chalupa et al in a deed recorded in Volume 708,
page 5 of the Deed Records of Fort Bend County, Texas, and the
northwest corner of a 0.476 acre right-of-way easement conveyed to
the State of Texas and described in Volume 522, Page 45 of the Deed
Records of Fort Bend County, Texas for Minonite Road (also known as
F.M. 2977), a 100-foot wide right-of-way as shown on the
right-of-way map prepared for the Texas Department of
Transportation under CSJ 3048-1-4, also being the southwest corner
of a 0.977 acre tract of land conveyed to NGR Texas Power LLC in a
document recorded in Clerk's File No. 2007089660 and described in
Clerk's File No. 2007019710 of the Official Public Records of Fort
Bend County, Texas, and the southwest corner of a 0.093 of an acre
right-of-way easement conveyed to the State of Texas for said
Minonite Road and described in Volume 522, Page 36 of the Deed
Records of Fort Bend County, Texas;
THENCE: S67°37'36"E, along and with the northeast line of said
250 acre tract, the southwest line of said 0.977 acre tract, passing
the northeast corner of said 0.476 acre right-of-way easement and
southeast corner of said 0.093 acre right-of-way easement at a
distance of 9.00 feet, from which a found 3/4 inch iron pipe bears
N67°37'36"W, a distance of 0.28 feet, passing the southeast corner
of said 0.977 acre tract, the southwest corner of a 4.1687 acre
tract of land conveyed to HV Asset, LLC and described in Clerk's
File No. 2014072568 of the Official Public Records Fort Bend
County, Texas, at an additional distance of 91.00 feet, passing the
southeast corner of said 4.1687 acre tract, the southwest corner of
a 27.550 acre tract of land conveyed to Community Focus Foundation,
A Texas Foundation and described in Clerk's File No. 2013053843 of
the Official Public Records of Fort Bend County, Texas at an
additional distance of 368.89 feet, from which a found 3/4 inch iron
pipe bears S22°22'24"W, a distance of 0.23 feet, passing the
southeast corner of said 27.550 acre tract, the southwest corner of
a 16.313 acre tract of land conveyed to Community Focus Foundation,
a Texas Nonprofit Corporation in Clerk's File No. 2013054877 of the
Official Public Records of Fort Bend County, Texas at an additional
distance of 779.25 feet, from which a found iron rod with cap marked
"Kalkomey Surveying" bears N22°22'24"E, a distance of 0.27 feet,
passing the southeast corner of said 16.313 acre tract of land
conveyed to Community Focus Foundation, a Texas Nonprofit
Corporation, the southwest corner of a 16.313 acre tract of land
conveyed to Michael and Madeleine Ghosn, and described in Clerk's
File No. 2011016213 of the Official Public Records of Fort Bend
County, Texas at an additional distance of 449.82 feet, from which a
found iron rod with cap marked "Kalkomey Surveying" bears
N22°22'24"E, a distance of 0.57 feet, passing the southeast corner
of said 16.313 acre tract conveyed to Michael and Madeleine Ghosn,
the southwest corner of a 23.425 acre tract of land conveyed to
Niranjan and Jasmin Patel and described in Clerk's File
No. 2013077203 of the Official Public Records of Fort Bend County,
Texas at an additional distance of 449.73 feet, passing the
southeast corner of said 23.425 acre tract, the southwest corner of
a 32.626 acre tract of land conveyed to Vertical Capital Holdings,
LLC and described in Clerk's File No. 2014024505 of the Official
Public Records of Fort Bend County, Texas, at an additional
distance of 646.32 feet, passing the southeast corner of said
32.626 acre tract, the southwest corner of a 32.63 acre tract of
land conveyed to Zion Hill Baptist Church in Crabb, Texas and
described in Clerk's File No. 2010105939 of the Official Public
Records of Fort Bend County, Texas at an additional distance of
900.72 feet, passing the southeast corner of said 32.63 acre tract,
the southwest corner of a 33.450 acre tract of land conveyed to
Wilbert Ulrich and described in Volume 2236, Page 2080 of the Deed
Records of Fort Bend County, Texas at an additional distance of
901.24 feet, along and with the south line of said 33.450 acre
tract, and additional distance of 926.55 feet, for a total distance
of 5522.52 feet to a set MAG nail with shiner marked "Pape-Dawson"
on the east line of a 30-foot wide right-of-way easement conveyed to
Fort Bend County and described in Volume 181, Page 611 of the Deed
Records of Fort Bend County, Texas for the creation of Benton Road,
a 60-foot wide right-of-way, at the southeast corner of said 33.450
acre tract, the northeast corner of said 250 acre tract and the
northeast corner of said 20.2239 acre portion of a 41.58 acre tract
conveyed to John J. Chalupa by deed recorded in Volume 708, Page 13
of the Deed Records of Fort Bend County, Texas, from which a found
Mag nail bears N00°14'41"W, a distance of 3.79 feet;
THENCE: S22°21'30"W, along and with centerline of said Benton
Road, also being the east line of said 250 acre tract, the east line
of said 30-foot wide right-of-way easement, and the east line of
said 20.2239 acre and said 21.4413 acre portion of the 41.58 acre
tract of land conveyed to John J. Chalupa, passing a found MAG nail
at a distance of 750.63 feet, from which another found MAG nail
bears N17°20'04"E, a distance of 5.27 feet, continuing along said
east line and centerline, an additional distance of 1222.50 feet
for a total distance of 1973.13 feet to a set 5/8 inch iron rod with
yellow cap marked "Pape-Dawson" on the north line of a 30.71 acre
tract of land conveyed to Lennar Homes of Texas Land and
Construction, Ltd. and described in Clerk's File No. 2005142966 of
the Official Public Records of Fort Bend County, Texas, at the
southeast corner of said 250 acres tract, the southeast corner of
said 21.4413 acre tract, and the southeast corner of said 30-foot
wide right-of-way easement;
THENCE: N67°37'36"W, departing the centerline of said Benton
Road, also being the east line of said 250 acre tract, the east line
of said 30-foot wide right-of-way easement, and the east line of
said 20.2239 acre and 21.4413 acre portions of the 41.58 acre tract
of land conveyed to John J. Chalupa, along and with the south line
of said 250 acre tract of land, the north line of said 30.71 acre
tract, now partially platted as Walnut Creek Section Four, recorded
in Clerk's File No. 20140011 of the Official Public Records of Fort
Bend County, Texas and Walnut Creek Section Nine, recorded in
Clerk's File No. 20120064 of the Official Public Records of Fort
Bend County, Texas, passing a found iron rod with cap marked "IDS"
at the common corner between Lot 16, Block 1 and Lot 26, Block 1 of
said Walnut Creek Section Four at a distance of 1899.49 feet,
passing a found iron rod with illegible cap at the common corner
between Lot 14, Block 1 of said Walnut Creek Section Four and Lot
18, Block 1 of said Walnut Creek Section Nine at an additional
distance of 327.00 feet, continuing along the south line of said 250
acres, now being the north line of said Walnut Creek Section Nine,
passing the northwest corner of said Walnut Creek Section Nine, the
northeast corner of Walnut Creek Section Three, recorded in Clerk's
File No. 20090032 of the Official Public Records of Fort Bend
County, Texas at an additional distance of 917.38 feet, passing the
northwest corner of said Walnut Creek Section Three, the northeast
corner of Rosehaven Section 2, recorded in Clerk's File
No. 20050172 of the Official Public Records of Fort Bend County,
Texas at an additional distance of 259.13 feet, passing the
northwest corner of said Rosehaven Sec. 2, the northeast corner of
Restricted Reserve "A", Walnut Creek Recreational Reserve,
recorded in Clerk's File No. 20100086 of the Official Public
Records of Fort Bend County, Texas, at an additional distance of
1,290.33, for a total distance of 4989.24 feet, to a point, said
point being located S67°37'36"E a distance of 16.07 feet from the
northwest corner of said Rosehaven Sec. 2, the northeast corner of
Restricted Reserve "A", Walnut Creek Recreational Reserve,
recorded in Clerk's File No. 20100086 of the Official Public
Records of Fort Bend County, Texas;
THENCE: Over and across the said 250 acre tract of land the
following courses and distances:
N22°22'24"E, a distance of 129.84 feet to a point,
N20°01'13"E, a distance of 59.92 feet to a point,
N22°28'53"E, a distance of 358.51 feet to a point,
N18°09'34"E, a distance of 60.26 feet to a point,
N22°24'27"E, a distance of 129.92 feet to a point,
N22°48'47"E, a distance of 152.32 feet to a point,
N17°28'20"E, a distance of 190.00 feet to a point,
S72°54'19"E, a distance of 23.20 feet to a point,
Northeasterly, along a non-tangent curve to the left, having
a radial bearing of N 17°05'41" E, a radius of 24.84 feet, a central
angle of 92°12'15", a chord bearing and distance of N 60°59'33" E,
35.80 feet, for an arc length of 39.98 feet to a point,
Southeasterly, along the arc of a reverse curve to the right
with a radius of 780.39 feet, an interior angle of 12°35'14", and a
chord bearing and distance of N 21°11'03" E, 171.10 feet; for an arc
length of 171.44 feet to a point,
N 27°06'01" E, a distance of 59.97 feet to a point,
Northwesterly, along a tangent curve to the left with a
radius of 2280.00 feet, a central angle of 02°47'20", and a chord
bearing and distance of N 25°42'20" E, 110.97 feet, for an arc length
of 110.98 feet to a point,
N 67°30'19" W, a distance of 260.14 feet to a point,
N 54°51'39" W, a distance of 61.08 feet to a point, and
N 67°21'55" W, a distance of 247.25 feet to a point;
THENCE: N 22°29'41" E, along and with the west line of said
0.476 acre right-of-way easement and west line of said 250 acre
tract, a distance of 506.41 feet to the POINT OF BEGINNING and
containing 232.215 acres in the Extra-Territorial Jurisdiction of
Rosenberg, Fort Bend County, Texas. Said tract being described in
accordance with a survey made on the ground and a survey description
and map prepared under job number 49077-14 by Pape-Dawson
Engineers, Inc.
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
7927, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7927.106 to read as follows:
Sec. 7927.106. 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 September 1, 2015.
* * * * *