Bill Text: TX HB2287 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the creation of the Fort Bend County Municipal Utility District No. 213; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-05-07 - Considered in Local & Consent Calendars [HB2287 Detail]
Download: Texas-2013-HB2287-Introduced.html
83R6836 MMC-F | ||
By: Zerwas | H.B. No. 2287 |
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relating to the creation of the Fort Bend County Municipal Utility | ||
District No. 213; 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 8459 to read as follows: | ||
CHAPTER 8459. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 213 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8459.001. 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. 213. | ||
Sec. 8459.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8459.003. 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. 8459.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 8459.003 | ||
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. 8459.005. 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. 8459.006. 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. 8459.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8459.052, directors serve | ||
staggered four-year terms. | ||
Sec. 8459.052. 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 8459.003; 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 8459.003 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 8459.003; 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. 8459.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8459.102. 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. 8459.103. 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. 8459.104. 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, zoning and | ||
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. 8459.105. 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. 8459.151. 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 8459.153. | ||
(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. 8459.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8459.151, 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. 8459.153. 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. 8459.201. 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. 8459.202. 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. 8459.203. 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. 213 initially includes all the territory contained in the | ||
following area: | ||
Being 580.500 acres of land located in the Noel F. Roberts | ||
1-1/4 League, Abstract 79, the Thomas Westall League, Abstract 92, | ||
and the Randolph Foster league, Abstract 28, Fort Bend County, | ||
Texas, more particularly being all of that certain called 374.202 | ||
acre tract conveyed to HUNT ROAD & POOL HILL FARMS, INC., by an | ||
instrument of record in File No. 2010122491, Official Public | ||
Records, of said Fort Bend County (F.B.C.O.P.R.), and a portion of | ||
that certain called 753.14 acre tract conveyed to TWINWOOD (U.S.), | ||
INC. by an instrument of record in File No. 2010042222, | ||
F.B.C.O.P.R. said 580.500 acres being more particularly described | ||
in two parts by metes and bounds as follows (all bearings are | ||
assumed); | ||
PART ONE | ||
BEGINNING at a 1/2-inch iron pipe found marking the northwest | ||
corner of said 304.5 acre tract, same being the northwest corner of | ||
said Noel F. Roberts 1-1/4 League, the southwest corner of the Isaac | ||
Newton Charles Survey, A-17, on the east line of the Randolph Foster | ||
League, Abstract 28; | ||
Thence, with the north line of said 304.5 acre tract and with | ||
the common survey line of said Isaac Newton Charles Survey and the | ||
Noel F. Roberts 1-1/4 League, North 88° 47' 03" East (called South | ||
89° 40' East), at 476.31 feet pass a found 5/8-inch iron rod with cap | ||
stamped "KALKOMEY SURVEYING", at 939.69 feet pass a found 1/2-inch | ||
iron pipe, at 1,253.81 feet pass a found 1/2-inch iron pipe, at | ||
1,539.66 feet pass a found 1/2-inch iron pipe, at 2,079.81 feet pass | ||
a found 1/2-inch iron pipe, at 5,757.10 feet pass a found 5/8-inch | ||
iron rod 4.52 feet left, at 5,777.34 feet pass a found 5/8-inch iron | ||
rod with cap stamped "TEJAS" 17.68 feet left, at 5,777.54 feet pass | ||
a found 1/2-inch iron pipe 2.58 feet right, at 6,791.52 feet pass a | ||
found 5/8-inch iron rod 22.35 feet left and continuing a total | ||
distance of 6,941.76 feet (called 6,937.1 feet) to a 1-inch square | ||
rod found marking the northeast corner of said 304.5 acre tract, | ||
same being the northwest corner of said 68.93 acre tract, from which | ||
a found 1/2-inch iron pipe bears North 38° 01' 10" West, 0.29 feet; | ||
Thence, with the north line of said 68.93 acre tract and | ||
continuing with said common survey line, North 87° 57' 59" East | ||
(called North 89° 31' 10" East), at 0.44 feet pass a found 5/8-inch | ||
iron rod 20.02 feet left, at 1,765.40 feet pass a found 1/2-inch | ||
iron pipe and continuing a total distance of 1,795.40 feet (called | ||
1,794.8 feet) to a PK Nail set in asphalt marking the northeast | ||
corner of said 68.93 acre tract, same being the northeast corner of | ||
said Noel F. Roberts 1-1/4 League, and angle point in the southerly | ||
line of said Isaac Newton Charles Survey and on the west line of the | ||
Joseph San Pierre Labor, A-81; | ||
Thence, with the east line of said 68.93 acre tract and with | ||
the common survey line of said Noel F. Roberts 1-1/4 League and said | ||
Joseph San Pierre Labor, South 03° 38' 00" East (called South 02° 07' | ||
20" East), 1,690.01 feet to a PK Nail set in asphalt marking the | ||
southeast corner of said 68.93 acre tract; | ||
Thence, with the south line of said 68.93 acre tract, South | ||
87° 21' 45" West (called South 88° 55' 10" West), at 30.00 feet pass a | ||
1-1/2-inch iron pipe and continuing a total distance of 1,741.83 | ||
feet (called 1,741.5 feet) to a 3/4-inch iron pipe found marking the | ||
southwest corner of said 68.93 acre tract, same being the southeast | ||
corner of the aforementioned 304.5 acre tract; | ||
Thence, with the southerly lines of said 304.5 acre tract, | ||
the following nine (9) courses: | ||
1) South 87° 34' 14" West (called South 89° 06' West), at | ||
40.77 feet pass a found 1/2-inch iron rod, at 1,021.35 feet pass a | ||
found 1/2-inch iron rod (bent), at 1,349.43 feet pass a found | ||
1/2-inch iron rod (bent) and continuing a total distance of | ||
1,552.69 feet (called 1,553.3 feet) to a found 1/2-inch iron pipe | ||
for corner; | ||
2) South 88° 17' 58" West (called South 89° 53' West), at | ||
543.82 feet pass a found 1/2-inch iron rod, at 1,072.28 feet pass a | ||
found 1/2-inch iron rod and continuing a total distance of 1,398.93 | ||
feet (called 1,398.8 feet) to a 1/2-inch iron pipe found for corner; | ||
3) South 88° 41' 22" West (called North 89° 59' West), at | ||
212.57 feet pass a found 1/2-inch iron rod and continuing a total | ||
distance of 509.84 feet (called 510.4 feet) to a 1/2-inch iron pipe | ||
found for corner; | ||
4) North 88° 28' 03" West (called North 86° 52' West), at | ||
414.15 feet pass a found 1/2-inch iron pipe, from which a found | ||
3/4-inch iron pipe bears South 79° 28' 45" West, 0.07 feet, at 564.06 | ||
feet pass a found 1/2-inch iron pipe and continuing a total distance | ||
of 917.85 feet (called 918 feet) to a 1/2-inch iron pipe found | ||
marking a reentrant corner of said 304.5 acre tract, from which a | ||
found 1-inch iron pipe bears North 75° 57' 17" West, 3.57 feet; | ||
5) South 01° 32' 01" East, 376.60 feet (called South 0° 34' | ||
East, 376.4 feet) to a 2 1/2-inch iron pipe filled with concrete | ||
found for corner; | ||
6) South 82° 56' 56" West, 2,153.14 feet (called South 84° 30' | ||
West, 2,153 feet) to a 1-inch iron pipe found marking the most | ||
southerly southwest corner of said 304.5 acre tract; | ||
7) North 38° 07' 55" West, 184.80 feet (called North 38° 05' | ||
West, 182.6 feet) to a PK Nail set in asphalt for corner; | ||
8) North 50° 57' 38" West, 100.00 feet (called North 49° 20' | ||
West, 100 feet) to a PK Nail set in asphalt for corner; | ||
9) North 61° 17' 38" West (called North 59° 40' West, 400 | ||
feet), 400.00 feet to a to a chiseled "X" in concrete foundation of | ||
a masonry column set marking the most westerly southwest corner of | ||
said 304.5 acre tract, same being on the west line of the | ||
aforementioned Noel F. Roberts 1-1/4 League; | ||
Thence, with the west line of said 304.5 acre tract and the | ||
west line of said Noel F. Roberts 1-1/4 League, North 01° 40' 38" | ||
West (called North 0° 03' West), at 1,638.97 feet pass a found | ||
1/2-inch iron pipe (bent) and continuing a total distance of | ||
1,891.30 feet (called 1,891.3 feet) to the POINT OF BEGINNING and | ||
containing 374.202 acres of land. | ||
PART TWO | ||
BEGINNING at the northeast corner of the aforementioned | ||
753.14 acre tract being on the west right-of-way line of F.M. | ||
Highway 1489 (100-feet wide); | ||
Thence, South 08° 29' 10" West, along the common line of said | ||
753.14 acres and F.M. Highway 1489, 1309.56 feet to a point for | ||
corner, the beginning of a curve; | ||
Thence, continuing along said common line, along the arc of a | ||
tangent curve to the left having a radius of 2915.00 feet, a central | ||
angle of 13° 18' 58", an arc length of 677.47 feet, and a chord which | ||
bears South 01° 49' 41" West, 675.95 feet to a point for corner; | ||
Thence, South 04° 49' 47" East, continuing along said common | ||
line, 366.55 feet to a point for corner; | ||
Thence, North 58° 01' 50" West, 344.69 feet to a point for | ||
corner; | ||
Thence, North 67° 52' 22" West, 486.32 feet to a point for | ||
corner; | ||
Thence, North 77° 58' 51" West, 484.53 feet to a point for | ||
corner; | ||
Thence, North 86° 41' 50" West, 354.17 feet to a point for | ||
corner; | ||
Thence, North 89° 52' 54" West, 136.95 feet to a point for | ||
corner; | ||
Thence, South 81° 42' 43" West, 69.88 feet to a point for | ||
corner; | ||
Thence, North 89° 37' 02" West, 1424.54 feet to a point for | ||
corner; | ||
Thence, South 88° 57' 19" West, 182.21 feet to a point for | ||
corner; | ||
Thence, South 82° 02' 27" West, 482.09 feet to a point for | ||
corner; | ||
Thence, South 72° 03' 46" West, 486.22 feet to a point for | ||
corner; | ||
Thence, South 61° 57' 08" West, 233.22 feet to a point for | ||
corner on the east bank of the Brazos River; | ||
Thence, along the east bank of the Brazos River, the | ||
following fourteen (14) meanders: | ||
1) North 17° 44' 47" West, 107.33 feet to a point for corner; | ||
2) North 20° 07' 24" West, 157.79 feet to a point for corner; | ||
3) North 15° 43' 07" West, 193.69 feet to a point for corner; | ||
4) North 19° 22' 20" West, 236.23 feet to a point for corner; | ||
5) North 18° 32' 59" West, 174.71 feet to a point for corner; | ||
6) North 15° 37' 20" West, 138.21 feet to a point for | ||
7) North 04° 12' 38" East, 148.92 feet to a point for corner; | ||
8) North 13° 04' 30" West, 128.01 feet to a point for corner; | ||
9) North 06° 53' 54" West, 148.38 feet to a point for corner; | ||
10) North 16° 59' 58" West, 204.57 feet to a point for | ||
corner; | ||
11) North 09° 12' 42" West, 115.68 feet to a point for | ||
corner; | ||
12) North 23° 22' 04" West, 125.07 feet to a point for | ||
corner; | ||
13) North 11° 23' 30" West, 91.41 feet to a point for corner; | ||
14) Thence, North 09° 52' 05" West, 91.87 feet to a point for | ||
corner; | ||
Thence, North 87° 54' 31" East, leaving said east bank of the | ||
Brazos River 810.55 feet to a point for corner; | ||
Thence, North 87° 39' 52" East, along the north line of the | ||
aforementioned 753.14 acre tract, 1000.53 feet to a point for | ||
corner; | ||
Thence, North 88° 12' 04" East, continuing along said north | ||
line, 999.05 feet to a point for corner; | ||
Thence, North 87° 58' 49" East, continuing along said north | ||
line, 1000.18 feet to a point for corner; | ||
Thence, North 87° 38' 33" East, continuing along said north | ||
line, 1414.59 feet to the POINT OF BEGINNING and containing 206.298 | ||
acres of land. | ||
Said Part One and Part Two containing a total of 580.500 acres | ||
of land. | ||
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 | ||
8459, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8459.106 to read as follows: | ||
Sec. 8459.106. 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, 2013. |