By: Kolkhorst S.B. No. 2007
(In the Senate - Filed March 23, 2015; April 7, 2015, read
first time and referred to Committee on Intergovernmental
Relations; April 29, 2015, reported favorably by the following
vote: Yeas 7, Nays 0; April 29, 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. 219; 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 7922 to read as follows:
CHAPTER 7922. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 219
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7922.001. 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. 219.
Sec. 7922.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7922.003. 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. 7922.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7922.003
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. 7922.005. 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. 7922.006. 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. 7922.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7922.052, directors serve
staggered four-year terms.
Sec. 7922.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, 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 7922.003; 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 7922.003 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 7922.003; 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. 7922.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7922.102. 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. 7922.103. 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. 7922.104. 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. 7922.105. 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. 7922.151. 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 7922.153.
(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. 7922.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7922.151, 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. 7922.153. 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. 7922.201. 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. 7922.202. 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. 7922.203. 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. 219 initially includes all the territory contained in the
following area:
434.541 Acres of Land, being out of the Rich/Gerner Joint
Venture Tract (Volume 1645, Page 762 and 771 of the Official Records
of Fort Bend County, Texas), being 191.354 Acres, more or less, in
the William Andrews League, Abstract 3 and 243.187 Acres, more or
less, in the Samuel Isaacs League, Abstract 35, Fort Bend County,
Texas.
Beginning at a 5/8 inch capped iron rod set on the East side
of a 20 inch Dead Elm Tree Stump marking the East line of said
William Andrews League, Abstract 3 and in the West line of the
Samuel Isaacs League, Abstract 35; said corner marking the
Southwest corner of the original Wessendorff Cattle Company call
353.9 Acre Tract ; said corner being a re-entrant corner of and the
Place of Beginning for this tract;
THENCE, South 76deg.34'10" East, along a fence line, 722.0
feet to a 5/8 inch capped iron rod set for angle point;
THENCE, South 85deg.43'40" East, along a fence line, 1138.92
feet to a 5/8 inch capped iron rod set for angle point;
THENCE, South 62deg.10'45" East, along a fence line, 2465.24
feet to a 5/8 inch ironrod found marking the Southerly Northeast
corner of this tract;
THENCE, South 00deg.15'10" West, along a fence line, 983.2
feet to a 7/8 inch iron pipe found marking the Easterly Southeast
corner of this tract;
THENCE, West, along the remains of an old fence line, at
1612.76 feet pass a 5/8 inch capped iron rod set, in all 1690.18
feet to a point on the centerline of Jones Creek for corner;
THENCE, Southerly and Westerly along the centerline of Jones
Creek with the following courses and distances: South 25deg.42'30"
East, 65.54 feet to a point for angle; South 05deg.33'10" East, 66.3
feet to a point for angle; South 01deg.28'10" West, 281.0 feet to a
point for angle; South 00deg.53'10" East, 281.9 feet to a point for
angle; South 01deg.23'10" West, 300.3 feet to a point for angle;
South 25deg.56' West, 223.92 feet to a point for angle; South
28deg.41'56" West, 74.64 feet to a point for angle; South
42deg.51'40" West, 158.01 feet to a point for angle; South
59deg.13'30" West, 314.29 feet to a point for angle; South
83deg.40'10" West, 199.21 feet to a point for angle; North
85deg.52'10" West, 242.08 feet to a point for angle; North
65deg.06'40" West, 404.61 feet to a point for angle; North
66deg.13'50" West, 288.86 feet to a point for angle; North
68deg.29'40" West, 276.58 feet to a point for angle; North
76deg.44'10" West, 329.15 feet to a point for angle; North
84deg.50'13" West, at 185.47 feet pass said League Line, in all
217.53 feet to point for angle; South 74deg.09'50" West, 240.65
feet to a point for angle; South 72deg.34' West, 288.63 feet to a
point for angle; South 66deg.01' West, 358.92 feet to a point for
angle; South 55deg.39'35" West, 247.4 feet to a point for angle;
South 39deg.03'20" West, 173.21 feet to a point for angle; South
41deg.49'10" West, 179.19 feet to a point for angle; South
37deg.11'32" West, 40.32 feet to a point for the most Southerly
South corner of this tract;
THENCE, North 61deg.55'43" West, leaving said Jones Creek,
and along the centerline of a Drainage Ditch, 116.46 feet to a
point for angle;
THENCE, continuing Northwesterly along the centerline of
said Drainage Ditch with the following courses and distances: North
28deg.40'03" West, 71.03 feet to a point for angle; North
36deg.45'31" West, 104.1 feet to a point for angle; North
34deg.34'37" West, 217.76 feet to a 1/2 inch iron pipe found for
angle; South 55deg.56'57" West, 66.86 feet to a 1/2 inch iron pipe
found for angle; North 55deg.14'54" West, 87.37 feet to a 1/2 inch
iron pipe found for angle; North 27deg.56'22" West, 61.11 feet to a
1/2 inch iron pipe found for angle; North 38deg.36'05" West, 224.52
feet to a 1/2 inch iron pipe found for angle; North 79deg.00'35"
West, 100.44 feet to a capped 1/2 inch iron rod found for angle;
THENCE, North 00deg.07'56" West, leaving said Ditch, 196.65
feet to a 1/2 inch iron pipe found for corner;
THENCE, South 89deg.53'10" East, along a fence line, 360.59
feet to a 5/8 inch capped iron rod set for corner;
THENCE, North 00deg.58'40" West, along a fence line 747.67
feet to a 5/8 inch capped iron rod set marking a re-entrant corner
of this tract; said corner also marks the Northeast corner of the
original John Rosenbush Tract recorded in Volume 352, Page 184 of
the Deed Records;
THENCE, South 89deg.46'50" West, along a fence line, 1505.0
feet to a 5/8 inch capped iron rod set at corner post marking the
Westerly Southwest corner of this tract;
THENCE, North 00deg.13'55" East, along the East right-of-way
line of State Farm Market Road No. 723, 896.28 feet to a 5/8 inch
capped iron rod set at corner post marking the Westerly Northwest
corner of this tract;
THENCE, South 89deg.37'28" East, along a fence line,
1557.35 feet to a 1/2 inch iron pipe found marking another
re-entrant corner of this tract;
THENCE, North 01deg.23'12" East, 535.35 feet to a point on
the centerline of said Jones Creek for corner;
THENCE, Northerly, along the centerline of Jones Creek with
the following courses and distances: North 37deg.30'33" West, 64.68
feet to a point for angle; North 16deg.41'40" West, 114.0 feet to a
point for angle; North 01deg.50'20" East, 110.6 feet to a point for
angle; North 19deg.50'20" East, 105.0 feet to a point for angle;
North 33deg.40'20" East, 128.8 feet to a point for angle; North
45deg.11'20" East, 146.7 feet to a point for angle; North
54deg.41'20" East, 164.5 feet to a point for angle; North
59deg.48'20" East. 355.8 feet to a point for angle; North
49deg.11'20" East, 194.18 feet to a point for angle; North
38deg.48'20" East, 74.2 feet to a point on the centerline of Andrus
Branch to a point for angle; North 38deg.46'20" East, 63.53 feet to
a point for angle; North 20deg.48'22" East, 133.2 feet to a point
for angle; North 18deg.33'20" East, 209.1 feet to a point for angle;
North 13deg.42'20" East, 264.9 feet to a point for angle; North
06deg.32'20" East, 451.7 feet to a point for angle; North
12deg.04'20" East, 318.4 feet to a point for angle; North
23deg.49'20" East, 130.3 feet to a point for angle; North
36deg.43'20" East, 240.1 feet to a point for angle; North
33deg.04'40" East, 372.7 feet to a point for angle; North
44deg.20'20" East, 156.2 feet to a point marking the North corner of
this tract;
THENCE, South, along the East line of said William Andrews
League, Abstract 3 and West line of the Samuel Isaacs League,
Abstract 35, at 267.62 feet pass a railroad spike set in the North
side of an 18 inch diameter Pecan Tree, along a fence line, in all
1987.49 feet to the place of beginning and containing 434.541 Acres
of Land, more or less.
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
7922, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7922.106 to read as follows:
Sec. 7922.106. 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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