86R10382 GRM-F
By: Kolkhorst S.B. No. 2519
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Orchard Municipal Utility District
No. 1; 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 8079 to read as follows:
CHAPTER 8079. ORCHARD MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8079.0101. 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 Orchard Municipal Utility
District No. 1.
Sec. 8079.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8079.0103. 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. 8079.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8079.0103 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. 8079.0105. 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. 8079.0106. 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. 8079.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8079.0202, directors
serve staggered four-year terms.
Sec. 8079.0202. 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 8079.0103; 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 8079.0103 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 8079.0103; 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. 8079.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8079.0302. 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. 8079.0303. 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. 8079.0304. 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. 8079.0305. 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.
Sec. 8079.0306. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8079.0103 to confirm the district's creation.
(f) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8079.0103.
(i) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
8079.0104 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(k) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8079.0401. 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 8079.0403.
(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. 8079.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8079.0401, 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. 8079.0403. 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. 8079.0501. 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. 8079.0502. 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. 8079.0503. 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 Orchard Municipal Utility District No. 1
initially includes all the territory contained in the following
area:
A Field Note Description of 1443 Acres of Land, more or less,
being in the Heirs of L. Burknapp Survey, Abstract 109; B.B.B. & C.
Railroad Company Survey No. 19, Abstract 135; German Emigration
Company Survey, Abstract 181; W.T. Lightfoot Survey, Abstract 282
and Yandell Ferris Survey, Abstract 376, Fort Bend County, Texas.
Beginning at a point in Long Lane marking the Southeast
corner of the Gail Borden League, Abstract 12; said point being in a
West line of this tract;
THENCE, North, 784 feet, more or less, along the East line of
said Gail Borden League, Abstract 12 and a West line of said L.
Burknapp Survey, Abstact 109 and the centerline of Long Lane to a
point marking the Northwest corner of this tract;
THENCE, East, 2403 feet, more or less, along the North line of
said Heirs of L. Burknapp Survey, Abstract 109 and the centerline of
Roper Road to a point for corner;
THENCE, South, 1212 feet, more or less, along the West line of
the said W.T. Lightfoot Survey, Abstract 282 to a point for corner;
THENCE, East, 3662 feet, more or less, along the South line of
five (5) parcels owned by others to a point in the East line of said
W.T. Lightfoot Survey, Abstract 282 for re-entrant corner;
THENCE, North, 1298 feet, more or less, to the Northwest
corner of the said German Emigration Company Survey, Abstract 181
for corner;
THENCE, East, 8340 feet, more or less, along the North line of
said German Emigration Company Survey, Abstract 181 and the North
line of the said B.B.B. & C. Railroad Company Survey No. 19,
Abstract 135 to the Northeast corner of said B.B.B. & C. Railroad
Company Survey No. 19, Abstract 135 and Southeast corner of the
Sarah Kennedy League, Abstract 45 and being in the West line of the
Nancy Spencer Survey, Abstract 88;
THENCE, South, along the East line of said B.B.B. & C.
Railroad Company Survey No. 19, Abstract 135 and the Yandell Ferris
Survey, Abstract 376 and being in the West line of the Nancy Spencer
League, Abstract 88, 4586 feet, more or less to a point for corner
in a Westerly City of Rosenberg 5280 foot Radius Extra-Territorial
Jurisdiction Line for corner;
THENCE, South 35deg.18' West, 1959 feet more or less, along
said City of Rosenberg 5280 foot Radius Extra-Territorial
Jurisdiction Line curve to the left, to a point in the Northeast
line of the G.C. & S.F. Railroad right-of-way for corner;
THENCE, North 70deg.24' West, 845 feet, more or less, along
said Northeast line of the G.C. & S.F. Railroad right-of-way to a
point for corner;
THENCE, South, crossing the G.C. & S.F. Railroad
right-of-way and State Highway No. 36 then along the East line of
the 85 Acre Lot 2, a total distance of 2426 feet, more or less, to
the Southeast corner of the Wade McNeill call 85 Acre Lot 2 of the
J.M. MOORE SUBDIVISION (Volume 109, Page 585; Deed Records);
THENCE, West, 1479 feet, more or less, to the Southwest
corner of said 85 Acre Tract;
THENCE, North, 2695 feet, more of less, to a point in the
Southwest line of State Highway No. 36 marking the Northwest corner
of said McNeill Tract;
THENCE, North 70deg.14' West, 3493 feet, more or less, along
said Southwest line of said State Highway No. 36 to a point in the
West line of said Yandell Ferris Survey and East line of the said
German Emigration Company Survey, Abstract 181 for corner;
THENCE, South, 978 feet, along the West line of said Yandell
Ferris Survey and East line of the German Emigration Company
Survey, Abstract 181 to the Northeast corner of the Heirs of L.
Burknapp Survey, Abstract 109 for corner;
THENCE, West, 1638 feet, more or less, along the South line of
said German Emigration Company Survey, Abstract 181 and a North
line of said Heirs of L. Burknapp Survey, Abstract 109 to a point in
the East line of said W.T. Lightfoot Survey, Abstract 283 for
corner;
THENCE, North, 1577 feet, more or less, along the West line of
the German Emigration Company Survey, Abstract 181 and East line of
said W.T. Lightfoot Survey, Abstract 283 to a point in the Southwest
line of the State Highway No. 36 for corner;
THENCE, North 70deg.17' West, 390 feet, more or less along
the North line of said W.T. Lightfoot Survey, Abstract 283 and South
line of the said W.T. Lightfoot Survey, Abstract 282 for corner;
THENCE, West, 3393 feet, along said North line of said W.T.
Lightfoot Survey, Abstract 283 and South line of the W.T. Lightfoot
Survey, Abstract 282 to the Southwest corner of said W.T. Lightfoot
Survey, Abstract 282;
THENCE, North, 564 feet, more or less, to angle point;
THENCE, North 8deg.26' East, 514.22 feet, more or less, to a
point in the Southwest line of said State Highway No. 36 for corner;
THENCE, North 70deg.08' West, 2524.26 feet, more or less,
along the Southwest line of said State Highway No. 36 to a point
marking the Southwest corner for this tract;
THENCE, North, crossing State Highway No. 36 and said G.C. &
S.F. Railroad right-of-way, then along the centerline of Long Lane
in all, 915 feet, more or less, to the place of beginning and
containing 1443 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
8079, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8079.0307 to read as follows:
Sec. 8079.0307. 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, 2019.