Bill Text: TX SB1069 | 2013-2014 | 83rd Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 impose a tax and issue bonds.

Sponsorship: Partisan Bill (Republican 2)

Status: (Passed) 2013-06-14 - Effective immediately [SB1069 Detail]

Download: Texas-2013-SB1069-Comm_Sub.html

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By: Hegar S.B. No. 1069
(In the Senate - Filed March 4, 2013; March 12, 2013, read
first time and referred to Committee on Intergovernmental
Relations; April 4, 2013, reported favorably by the following
vote: Yeas 5, Nays 0; April 4, 2013, sent to printer.)

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Fort Bend County Municipal Utility
District No. 213; granting a limited power of eminent domain;
providing authority to impose a tax and issue bonds.
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 Subsection (c),
Section 17, 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.
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